Rockford City Aldermen Say Police Chief Needs More Oversight
Christie Nicks
ROCKFORD -- Rockford city
aldermen are caught up in the whirl wind of Police Chief Chet Epperson's battle
with the police union. The big question:
Who does Chief Epperson have to answer to?
"Who should the police
chief be held accountable to?" asked Christie Nicks, Eyewitness News.
"I think it's not a simple
answer," replied Ald. Tom McNamara, 3rd Ward.
And the judge ruling in Chief
Chet Epperson's restraining order hearing didn't think so either. He shot down
Epperson's motion to keep the Police and Fire Commission from investigating
him, and rejected the chief's claim he is only accountable to the mayor.
It stems from a complaint filed
against him by the police union, alleging misconduct in an incident involving
Rockford NAACP president, Lloyd
Johnston.
But the judge also wasn't clear
on exactly who the chief should answer to. It's a problem now plaguing Rockford
aldermen.
"I think he should be held
accountable to the police and fire commission," said McNamara. "I
think he should also be held accountable to the mayor and he should be held
accountable to the city council."
Just to be hired as chief, Epperson
had to be recommended by the Police and Fire Commission to the mayor, and then
the council ultimately gave him the nod of approval.
But alderman Teena Newburg says
he needs more oversight.
"I don't feel at this
point he's being held accountable for his actions, I really don't" said
Newburg, 9th Ward. "That's where I see a problem."
The problem she says lies in
the fact that Chief Epperson doesn't feel he should have to answer to anyone
but the mayor, a point made clear in his motion for a temporary restraining
order against the commission.
"He's first and foremost a
police office,r and every police officer is held accountable to the fire and
police commission," said Newburg.
Now, Newburg says the aldermen
will likely have to clarify legislatively as to how the accountability process
works.
"I'm very sure that the
council is going to insist that it be spelled out much clearer in the future so
that we don't have this controversy again," said Newburg.
A controversy both Newburg and
McNamara say needs to end one way or another.
"I don't necessarily care
about this particular instance, I care about the larger picture," said
McNamara. "We've had 8 years of controversy, that has to stop."
"I think Chief Epperson is
not the person that should be our chief, I'm sorry."
Cop fired for watching porn fights for pension
By Quan Truong,
A former Wheaton police officer
fired for watching pornography in his cruiser is fighting to receive disability
pension pay.
Thomas Sommerfield was
terminated earlier this year after an internal investigation showed he had been
watching pornography in his cruiser, according to records obtained by the
Tribune. Sommerfield, a 23-year veteran patrol officer, was among the officers
who were honored last year for arresting a man in a shooting incident.
Sommerfield is claiming a
psychological disability, said Richard Reimer, attorney for the pension board.
Reimer would not discuss specifics of the case or comment because it is
pending. In general, he said, line-of-duty disability pension benefits offer 65
percent of the officer's salary and non-duty disability pension pays out 50
percent.
Sommerfield's last annual
salary with the city was $87,339, according to Wheaton city officials.
His disability pension claim
case is pending before the Wheaton Police Pension Fund Board. Messages left for
Sommerfield and his pension attorney were not returned. The case was last heard
by the board on July 1, when members ruled the city of Wheaton can participate
in Sommerfield's hearing despite his objections. A date for the next hearing
has not been set.
These types of claims typically
can take from three to nine months, Reimer said.
Sommerfield was dismissed after
a motorist told city officials in September that he was stopped at Main and
Front streets behind a cruiser and saw the officer inside looking at
pornography on his laptop. The citizen e-mailed the mayor, and an internal
investigation was launched, according to city records.
"The city promptly and
thoroughly investigated the underlying matter and based upon the investigation,
the chief discharged the police officer," City Attorney Jim Knippen said.
"We have no further comment at this time based on other pending legal
matters." Other Wheaton city officials have declined to comment on the
matter.
The computer from the cruiser
that Sommerfield used was removed for forensics analysis, which later showed
that the officer used it to access pornographic websites between May and
October of 2013.
The analysis found 25 pictures
on the computer depicting nudity and/or graphic sexual activity and four video
fragments that had been deleted, according to reports. It also found that two
websites were visited hundreds of times and a third was visited over 60 times.
The website Craigslist had also been visited and, during a January
interrogation, Sommerfield admitted to looking at escort services but said he
never acted on them or made contact.
Sommerfield later admitted he
had been accessing the websites for several years using the in-vehicle computer
and deleting the browser's web history, according to documents provided by the
city.
Sommerfield also admitted to
falsifying department records using his in-car computer to show he was on other
duties such as extra watches while using part of the time to look at escort
sites and pornographic material on the computer, according to a transcript of a
January interrogation.
The documents show he said he
has been diagnosed by a doctor with conditions that could have affected the
behavior, although medical details of the diagnosis were taken out of the
interrogation transcript that was released to the Tribune. In the transcript,
Sommerfield said he had been taking medication and that his doctor said any
addictive traits would be intensified if those medications were out of balance.
Sommerfield was fired on Jan.
22.
"Your conduct included a
pattern of intentional deceptions which are wholly inconsistent with the
fundamental integrity required of a sworn officer by the public as well as the
Department," a memo stated.
The city has filtering
capacities on police computers but can't use the same blocking software that is
on other city computers, Knippen said.
"The police have to have
the ability to use the computers in the investigation of criminal activities,
and placing those locks on police computers could interfere with police
investigation," he said.
He added that any sort of
monitoring has to be done in-house, and when there is some type of evidence
indicating it is necessary.
"There's sensitive
identifying information in those computers which should not be available to
people outside the department," he said.
Off-Duty Georgia Officer Charged in Racial Road Rage Assault
The officer was arrested and
placed on administrative leave after the incident during which he called a
woman a “low life piece of [expletive] n**ger.”
By: Lynette Holloway
A police officer in Clayton
County, Ga., has been arrested and placed on administrative leave after a road
rage incident on June 29, during which he tailgated and hurled racial epithets
at a woman, according to WSB-TV 2.
During the incident that
recently came to light, officer Thomas Sheats allegedly tailgated Michele
Griffith, 27, in her car before following her into a parking lot, where he
called her a "low life piece of [expletive] n*gger," and then spit on
her, the report says.
He was charged with simple
battery, simple assault and disorderly conduct after after the incident during
which he drove “for miles, blowing his horn, swerving from side to side, and
bumping her vehicle from behind with his truck,” the report says.
Suspended Boston officer checks into rehab
BOSTON (AP) — A Boston police
officer who's been on paid leave since September and is now charged with taking
a police vehicle without authorization has checked into a substance abuse
treatment program after being released on personal recognizance.
Patrick Donovan was arraigned
Monday after he was taken into custody Friday.
Authorities say the 38-year-old
Donovan took the marked police car from Dorchester and drove it to Revere.
His lawyer says his client is a
decorated officer and Marine Corps veteran who has suffered injuries on the
job. The attorney says Donovan has checked into a treatment program as a
condition of his release.
Donovan has been on leave since
allegedly placing a stolen license plate and stolen registration sticker on his
personal vehicle.
Cop videotapes rape of wife: Kills her, 2 kids when she finds out
A US police officer in Utah,
killed his wife, their two children, his mother-in-law and then himself after
receiving text messages from his wife hours earlier threatening to leave him.
According to an AP report, the
wife wanted to leave and take their kids because she accused him of raping her,
according to new documents.
A Spanish Fork Police report
shows Joshua Boren and his wife exchanged heated texts the night and morning
before the January killings.
In them, Kelly Boren confronted
her husband about raping her and told him their marriage was over, The Deseret
News reported . The couple already had been separated for some time.
Joshua Boren's therapist told
authorities that Boren drugged his wife and videotaped himself sexually
assaulting her on more than one occasion.
Kelly Boren learned of the
assaults when she discovered the tapes in 2013, said Spanish Fork Police Lt.
Matt Johnson. She told a few friends, but she did not report the assaults to
police because she didn't want to ruin her husband's law enforcement career,
the report says.
The night before she was
killed, Kelly Boren brought up the alleged sexual assault again, texting the
word "rape" to her husband four times, the documents show. "I
hate my life because (of) you," she texted. "You killed a part of
me."
She wrote in another text:
"I don't want to live in fear and hate and anger."
The next morning, Kelly Boren
told her husband she would take the kids, prompting Joshua Boren to reply by
text: "Don't involve the kids, they are innocent."
The police report says Joshua
Boren was sexually abused as a child, struggled with drug addiction as a young
man and pornography addiction throughout his life, and had a deep-rooted hatred
for his mother.
After his father committed
suicide when he was 5, Joshua Boren's mother began using drugs and seeing
several men, the report states. One of those men allegedly abused Joshua Boren,
and he blamed his mother for not protecting him, his sister told police.
The therapist told police Boren
was like a "3-year-old boy stuck in a big man's body."
"Josh was a very troubled
individual that felt like he was about to lose his wife and children,"
police wrote in the report.
Joshua Boren had worked for the
Lindon Police Department for only three months when the murder-suicide
occurred. Before that, he was a Utah County sheriff's deputy for seven years,
Johnson said.
He used the service weapon he
was given for his duties as a Lindon police officer when he killed his family
members and himself, authorities said. Toxicology reports from the autopsy show
he had no drugs or alcohol in his system.
Police said the state medical
examiner confirmed what investigators believed: Joshua Boren shot his wife,
32-year-old Kelly Boren; his 55-year-old mother-in-law, Marie King; and his two
children, 7-year-old Joshua "Jaden" and 5-year-old Haley, before
killing himself.
The shooting happened at the
family's home in Spanish Fork, a city of about 37,000 located 50 miles south of
Salt Lake City. The events stunned the community, as well as friends and
family, said Johnson, who added investigators didn't find anybody who suspected
Joshua Boren was capable of such an act.
Though Joshua Boren wasn't
living at the house, friends and family said he still came every morning to get
the kids ready for school and preschool, Johnson said. He also picked them up
every afternoon.
"He was praised as being
an excellent father," Johnson said.
MPD officer suspended for playing ball instead of patrolling
MANSFIELD — A Mansfield police
officer caught participating in an athletic event while on duty has been
suspended for 29 days, according to Police Chief Gary Hobbs.
Jercarlous Colbert’s suspension
is for “conduct unbecoming an officer,” Hobbs said in a release. It’s the
result of Colbert’s supervisor observing him play softball Wednesday while he
was supposed to be on patrol. He’ll be off work without pay.
Colbert, with the department
since Feb. 29, 2012, was formerly employed with the Shreveport Police
Department but resigned after he was arrested in 2011 for solicitation of
prostitution.
Colbert was investigated after
a complaint was received by the department alleging he solicited a prostitute
while off-duty. He was booked into the Caddo Correctional Center following
interviews with agents.
Police Chief Willie Shaw placed
him on leave and ordered an administrative investigation. The status of the
charge was unknown when the Mansfield Board of Aldermen hired Colbert at the
recommendation of former Police Chief Joe Pratt. Colbert had been with SPD for
less than year.
Colbert’s 29-day suspension
imposed by Hobbs is the maximum allowed without action by the Board of
Aldermen. Anything more would require Hobbs to make a recommendation on
Colbert’s continuing job status to the board for consideration
Worcester police officer accused of rape pleads not guilty
WORCESTER, Mass.
(MyFoxBoston.com)— A Worcester police officer accused of raping a women while
on duty last year pleaded not guilty on Monday, officials said.
Officer Rajat Sharda, 32, was
charged with rape, open and gross lewdness, witness intimidation and larceny.
He pleaded not guilty to all charges.
Sharda allegedly exposed
himself to the woman and sexually assaulted at the Bancroft Tower in Salisbury
Park last August, officials stated. He allegedly also stole her bed comforter
and threatened her and her family if she told anyone about the incident.
Sharda was arrested on February
3 and was put on paid administrative leave. He was also ordered to turn in his
passport.
Sharda was released on
$7,500 bail and is scheduled to return to court on August 8. Trenton resident claims city cops used excessive force, sicked K-9 on him for videotaping another arrest
By David Foster, The Trentonian
TRENTON — Lael Queen was
carrying his clean laundry like a baby when he heard the footsteps behind him.
A Trenton police officer then
allegedly started assaulting the 31-year-old and told him to stop resisting
arrest.
“I’m not resisting arrest
because I’m not under arrest, they’re attacking me,” Queen recounted of the
July 4 incident on Monday. “Four or five other officers then jumped on me. They
couldn’t wrestle me to the ground, so the officer that attacked me told the K-9
officer to sick the dog on me.”
Pictures Queen provided to The
Trentonian show chunks of his left leg and thigh missing due to the alleged
police dog attack.
The lifelong resident said the
K-9 dog was still attached to his leg as he was handcuffed.
“They had to choke the dog to
get him off of me,” he said. “He was not responding to the call signs to let go
of my leg.”
As the dog attacked him, Queen
said the officers were still kicking and punching him.
Another photo shows a handful
of cuts and bruises on his face.
Queen says the incident
occurred that holiday afternoon because he videotaped the same cops allegedly
beating up a female outside of a laundromat on the 900 block of Martin Luther
King Jr. Boulevard where he was washing his clothes.
“They slammed her into the
wall, slammed her onto the ground and then the other officer jumped on top of
her and starting punching her in the face,” Queen said, describing what
happened to the woman who is an acquaintance. “I pulled out my camera phone and
started recording them assaulting the girl.”
Queen said he was standing on
the corner near Kirkbride Avenue 10 to 15 feet away from the officers when one
of the cops told him he was interfering with a police investigation.
“I told them I’m not
interfering with anything,” he said. “I’m just videotaping y’all beating up
this girl, which is my right.”
After leaving the laundromat
briefly and then returning for his clothes, he was again confronted by the cops
shortly before the alleged attack on him began.
Even as he was cuffed, Queen
said the excessive force continued.
“They were pulling me by my
hair and I have dreadlocks,” he said.
One of his shoes apparently
also fell off during the incident and he got it back while in the back seat of
the cop car.
“Another officer comes in,
opens the other door and throws it at me and hits me in the face with my own
shoe,” Queen said.
Queen was taken to the
hospital, where he remained until early Saturday morning, when he was
transported to Trenton police lockup.
The mechanic said he was in
custody for 10 hours before being released. He is charged with obstruction of
justice, resisting arrest and charging an officer.
On Monday morning, Queen
pleaded not guilty to the charges in Trenton municipal court.
“I never made a forward
aggressive motion toward them,” he said.
Queen claims the authorities
confiscated his phone and erased the video of police beating up the woman
before giving him back the device.
But in addition to that video,
which still may be able to be retrieved, Queen said one of his friends recorded
footage of him getting roughed up by police.
“I got beat up because I
videotaped them doing wrong,” Queen said. “If cops were doing their job the
right way, they shouldn’t have been concerned about me videotaping it. It’s
just ridiculous what they do to us out here.”
Allegations of excessive force
are nothing new against Trenton police.
In an eerily similar case, the
city paid $80,000 in October to settle a lawsuit from a state worker who was
allegedly roughed up by several city cops when he refused to turn over his cell
phone.
The Trentonian previously
reported Neal Costanzo, a state Department of Community Affairs employee, was
taking pictures with his cell phone of Trenton cops arresting a 55-year-old
woman in a wheelchair, who allegedly verbally abused and physically attacked a
NJ Transit bus driver.
After police confiscated phones
of several other bystanders and deleted photos of the woman’s arrest, Costanzo
was taken to the ground and roughed up by several officers for failing to
comply.
Costanzo, who was 31 at the
time, eventually offered up the phone, but he was taken to police headquarters
and then released after he was issued a summons for obstruction.
Last June, a 20-year-old
recorded audio of a police officer allegedly punching him in the face after
asking the officer for his badge number.
“That’s my (expletive) badge
number right there,” the cop says in the recording. “Shut the (expletive) up.”
In February 2012, video from La
Guira Bar captured city police officers allegedly using excessive force in two
arrests.
There is a civil lawsuit
against the city and the Trenton Police Department for the actions of the
officers that night. Officer Nidia Colon is also facing criminal official misconduct
charges for her role in one arrest.
In December 2012, Steven
Jennette ended up in a coma for two days after being taken into custody by
Trenton police.
Jennette remembers being
punched and sprayed with pepper spray by city police before waking up at
Capital Health Regional Medical Center in Trenton.
Just Friday, Mayor Eric Jackson
heard a complaint during his visit to the Trenton Area Soup Kitchen from a
resident that alleged cops were verbally abusive toward him.
Jackson, who was just sworn in
on July 1, said he has concerns about the allegations and expects police
officers to act professionally while on duty.
On Monday, Jackson said he is
in the process of investigating the Queen incident.
“It would be premature for me
to speak to it until all the facts are in,” he said in a statement. “As I have
consistently said, I am committed to ensuring that everyone -- from our police
officers to members of our community -- work together to make Trenton a safer
city and every incident involving law enforcement will be judged by that
metric.”
Acting Police Director Ernest
Parrey Jr., whom Jackson appointed the day he was sworn in, did not return a
message seeking comment.
Cops Choke and Bloody Marijuana
Suspect in San Antonio
There’s a teenaged pot smoker
in San Antonio, Texas who's luckier than he might imagine. Put into a
non-sanctioned choke hold during his arrest by a local police officer, he’s
still alive today to tell his story. Many other police brutality incidents
around the U.S. result in serious injury or even death.
San Antonio Park Police Officer
Michael Ramirez allegedly saw the unnamed 16-year-old smoking a joint at 500 W.
Market St. on May 4. Claiming the suspect initially tried to run, Ramirez
placed him in a choke hold for over two minutes, caught on ideo video by an
unidentified Facebook user, who posted it.
The bloodied face of the
unknown 16-year-old.
Sounds of the teen violently
retching and gasping for breath can clearly be heard in the disturbing video.
The suspect appears to not be resisting whatsoever in the first two-plus
minutes of the recording, but then begins to panic and thrashesightly, at which
point Ramirez lifts him off the ground and slams his head into the wall of the
building on the street where this happened. Ramirez then wrestles him the
ground as three bike cops help out. One of the cops kneels squarely on the
teen's face as blood splatters on the sidewalk.
While an investigation is
ongoing, the teen has been charged with resisting arrest and evading arrest,
both Class A misdemeanors; assault of a public servant, a third degree felony;
and possession of less than two ounces of marijuana (he was found with 1.9
grams of pot on him), a Class B misdemeanor. According to the police report,
the teen was treated for his injuries, a hurt knee (and assumedly his bloodied
face) at Santa Rosa Children’s Hospital, given a prescription for pain
medication and crutches, and told not to report for work for at least three
days.
The use of a choke hold, never
part of official police procedure in San Antonio, has been seriously frowned
upon after another victim of a police choking, 44-year-old Eli Montesinos
Delgado, was killed by a cop during an arrest in 1997. The local Bexar County's
chief medical examiner ruled the death a homicide. Police in San Antonio are
not taught to use choke holds, then Police Chief Al Phillipus noted at the
time. "But we feel that, in
situations where an officer may be fighting for his life, we have to leave that
option open to him at his own discretion," he added. Though the
stomach-turning video of the San Antonio teen’s arrest begins after he's
already being choked, it does not ever appear that he was either violent or
threatening the officer's life.
“The officer resorted to
dangerously excessive force in a situation that did not involve serious danger
to himself,” Krause Yang, legal director of the Texas Civil Rights Project,
says about Ramirez, who has not been suspended or reaasigned. “In fact, it
appears that the 16-year-old was the one who acted in a relatively calm manner
while Ramirez unnecessarily escalated the situation into a scary one. Choking a
person for over a minute would cause anyone to panic.”
Here are some other recent
incidents of police brutality:
• In Lansing, Michigan, a cop
pushes a wheelchair-bound man over onto the sidewalk, then places him under
arrest after his foot was merely rolled over.
• In Tuscon, Arizona, a cop
shoves an unsuspecting woman to the ground.
• In Phoenix, a cop tackles an
ASU professor for jaywalking and not handing over her ID.
• In Los Angeles, a California
Highway Patrol cop beats a grandmother on the shoulder of a highway.
• In Tampa, a SWAT raid leaves
an alleged marijuana dealer dead. Police find less than a gram in the house.
• In Westbury, New York, a cop
assaults a 20-year-old man for no apparent reason.
It’s abundantly clear that cops
are out of control. When did police become overlords with only the most meager
threats of a trial resulting from their blood-curdling violence? Where is the
oversight and accountability? Police departments rally behind cowboy cops, and
time and again little or nothing is done to rein them in or mete out genuine
justice. This cannot be allowed to continue.
'Hero' Sweetwater Police Officer Arrested on Domestic Violence Charge
For the second time in as many
days, a South Florida cop once hailed as a hero for saving the life of a child
has been arrested for allegedly assaulting his wife.
Sweetwater Police Officer
Amauris Bastidas was arrested on the Fourth of July on a felony charge of
aggravated battery after he and his wife got into an argument. According to the
police report, at some point in the argument Officer Bastidas allegedly bit his
wife on her upper lip. Police said Bastidas was in uniform and armed on the day
of the alleged battery.
Bastidas gained nationwide
attention earlier this year when a baby stopped breathing while stuck in
traffic on the Dolphin Exrpressway in Miami. The child’s aunt began performing
CPR on the child and Officer Bastidas, along with one other person, joined in
and helped save the child’s life.
Officer Bastidas performed
chest compressions on the child while another person breathed into the child’s
mouth to help keep the child alive. The life-saving efforts were caught on
camera by a Miami Herald photographer who was driving in traffic.
News of Officer Bastidas’
arrest comes one day after news broke that Florida Highway Patrol Trooper Billy
Herrera, Jr. was also arrested for allegedly battering his wife. According to a
police report obtained exclusively by NBC 6, Herrera got into a heated argument
with his girlfriend in their new apartment and it turned violent when “the
defendant grabbed and slammed her against a wall.”
The report goes on to say that,
"the victim displayed bruising about her neck and arms and also had a
sprained ankle." Herrera was fired by the FHP over the incident.
It's unknown if Officer
Bastidas has an attorney. Sweetwater Police said Bastidas has been suspended.
Fairfax County Police shoot McGruff the Dog to death "We thought he had a gun"
McGruff, dark skinned person in center of page, in happier days.
Police refuse to answer question "Was a gun found on McGruff?".
Fairfax County Police spokes person demanded clarification "You mean did he have a gun before or after we put one on him?"
“pin it on anybody, that’s how we roll.”
Police Chief Phillip Sanchez said he has launched an investigation into allegations of misconduct against detective William Broghamer.
In an audio recording played for a Pasadena jury last week in the murder trial of Rashad McCoy, Broghamer was heard telling a colleague he would “pin it on anybody, that’s how we roll.”
http://www.pasadenastarnews.com/government-and-politics/20140709/pasadena-police-chief-to-investigate-statements-by-detective-william-broghamer-in-misconduct-case
In an audio recording played for a Pasadena jury last week in the murder trial of Rashad McCoy, Broghamer was heard telling a colleague he would “pin it on anybody, that’s how we roll.”
http://www.pasadenastarnews.com/government-and-politics/20140709/pasadena-police-chief-to-investigate-statements-by-detective-william-broghamer-in-misconduct-case
Several Durham police officers lied
Several Durham
police officers lied about non-existent 911 calls to try to convince residents
to allow them to search their homes, a tactic several lawyers say is illegal.
The officers targeted residences where individuals with outstanding warrants
were thought to be living, and told them that dispatch had received a 911 call
from that address, when no such call had been made. However, Durham Police
Chief Jose Lopez says the 911 tactic was never a part of official policy. Last
month, the department officially banned the practice, according to a memo from
Lopez.
Can they really be this stupid?
Police
Back off on Plan to Take Explicit Photo
By
MATTHEW BARAKAT Associated Press
Police
in Virginia said Thursday that they no longer will pursue efforts to take
sexually explicit photos of a 17-year-old in an effort to prove a sexting case
against him.
Police
and prosecutors faced a wave of criticism following news media reports that
they had obtained a warrant to take photos of the teen's erect penis. Police
wanted the pictures to compare against photos he is accused of sending to his
15-year-old girlfriend at the time.
On
Thursday, Manassas Police Lt. Brian Larkin said the Police Department will not
proceed with the plan to take the pictures and will let a search warrant
authorizing the photos to expire.
Privacy
advocates had criticized the plan as a violation of the teen's constitutional
rights.
The
teen's aunt, who serves as his legal guardian, said she had not heard of the
police department's reversal until contacted by an Associated Press reporter
Thursday afternoon. She said she would be ecstatic if police follow through on
their statement that they will no longer pursue the photos. But she said she
won't be fully satisfied until the case against her nephew is dropped entirely.
The
aunt had sent her nephew to West Virginia, where he grew up, for the past
several weeks, fearful that police would show up to enforce the search warrant.
The teen's defense lawyers said authorities had explained that they intended to
take the teen to a hospital and chemically induce an erection to facilitate the
photographs.
The
Associated Press is not identifying the teen or the aunt in accordance with a
policy of not identifying juvenile suspects.
Manassas
Police Chief Douglas Keen posted a statement Thursday saying that "the
decision to pursue prosecution or not lies with the Commonwealth Attorney's
Office and not the Police Department."
Commonwealth's
Attorney Paul Ebert declined to comment on the case in detail, citing ethical
rules about discussion of pending cases outside the courtroom.
The
teen is charged in juvenile court with felony counts of possession and
manufacture of child pornography. The aunt maintains that the charges are
overblown and said the plan to pursue photos of her nephew in an aroused state
came about only after she and her nephew refused to accept a plea bargain that
had been offered.
Larkin
said he had no information on why the department no longer plans to pursue the
photos. On Wednesday night, the department issued a statement saying it was not
their policy "to authorize invasive search procedures of suspects in cases
of this nature" but made no definitive statements about whether they would
continue to pursue the photos that had been specifically authorized in the
search warrant.
Rebecca
Glenberg, legal director of the American Civil Liberties Union of Virginia,
said the pursuit of the photos would have raised serious constitutional
questions, compounded by the fact that the subject of the photos would have
been a minor and by the fact that authorities apparently intended to induce an
erection through a medical injection.
"People
have a constitutional right to control their bodies," said Glenberg, who
was unaware of any similar case.
The
aunt felt certain that the tidal wave of criticism against authorities is the
only reason police reversed course.
"They
would have gotten away with this. They were not going to back off," she
said.
Manassas
City Manager Patrick Pate acknowledged Thursday that the department and the
city had been fielding irate calls from across the country and internationally
after the story broke. He said the city was being portrayed unfairly, given the
fact that the photos were never actually taken. He also downplayed the
possibility that they would ever have been taken, even though he acknowledged
that a warrant authorizing them had been issued.
The
teen's lawyers did not immediately return calls seeking comment Thursday.
The ACLU of Massachusetts posed a question to their followers on facebook: “West Springfield police have two grenade launchers - why?”
The ACLU of Massachusetts posed a question to their followers on facebook: “West Springfield police have two grenade launchers - why?”
Before the turn of the millennium, the West Springfield Police Department received two M79 grenade launchers and seven M14 rifles through a Department of Defense program.
The Department of Defense excess property program, commonly known as the 1033 program, allows the Secretary of Defense to transfer excess DoD equipment and supplies to state and local law enforcement agencies. There is no purchase fee for the program, though agencies are required to pay for any shipping or transportation costs.
Records of the requests show most departments request rifles. Westfield obtained 15 M14 rifles and 19 M16 rifles through the program. Monson received three M14s and three M16s. Springfield was given four M14s.
West Springfield was the only department that received grenade launchers.
Of the grenade launchers, Chief Ronald P. Campurciani said they have never been used in the field nor will they ever be.
"I cannot think of a scenario where we would employ those weapons," Campurciani said.
Cops: The Myth of the 'Most Dangerous Job"?
| AmericaWakieWakieamericawakiewakie.com
Often
we hear the echo of our security culture tell us policing is an inherently
dangerous job, and that therefore we should give deference to these people’s
judgment whenever potentially hostile situations arise. In such scenarios
whereby the killing of a civilian occurs, we are perpetually told the use of
lethal force was not only necessary, but simply part of an ‘incredibly dangerous’
profession — that these killings merely are a result of cops protecting
themselves in life-threatening situations.
Well
I call bullshit.
On
October 22 last year, Andy Lopez, a Mexican-American 13 year old boy, was shot
seven times by Santa Rosa officer Erick Gelhaus, a man with a history of using
excessive force in his duties. Lopez was walking home from a friend’s house
holding an airsoft toy-gun designed to resemble an assault rifle. Gelhaus has
claimed he thought the child was holding an AK-47, a detail suggesting he could
see the toy-gun with clarity. Gelhaus says he shouted to the 13 year old to
drop the ‘gun’. Andy turned around, allegedly holding the toy up. Lopez died
thereafter, taking multiple gunshots — one of which through his chest — when
Gelhaus opened fire.
Gelhaus
did not wait for backup. He did not investigate what he thought he saw. He was
in absolutely no danger. His judgement smacked of shoot now, think later. In
fact, Andy Lopez, like the rest of us, was more in need of protection from
Gelhaus the moment the deputy saw him than Gelhaus needed to ‘protect’ himself
from Lopez.
Cops
Are More Likely To Shoot You Than You Are To Shoot Them
Last
November the Activist Post ran a story about the propensity of police officers
killing civilians. Stated was the following:
"Since
9/11, and the subsequent militarization of the police by the Department of
Homeland Security, about 5,000 Americans have been killed by US police
officers. The civilian death rate is nearly equal to the number of US soldiers
killed in Iraq. In fact, you are 8 times more likely to be killed by a police
officer than by a terrorist.”
That
statistic is alarming enough considering if the 4,489 American soldiers killed
in combat in Iraq constitute a condition of war, then the killing of 5,000
American civilians by United States police departments ought to be viewed as a
war on we the People by our very own government.
Still,
having watched the Lopez family struggle for justice thus far, I wanted to know
better how more civilians have been killed by cops in the United States than
soldiers have died in Iraq.
I
decided to compare the number of American citizens’ deaths by police directly
to the number of police officers’ deaths by citizens since the start of the
Iraq war; after all, if an officers job is so dangerous, it is we the policed
who make it dangerous.
Since
2003, as documented by the FBI, there have been approximately 587 deaths in the
line of duty directly as result of civilians’ felonious actions, i.e., lethal
assault, shooting, manslaughter etc. Below is the breakdown by year.
Officers
Feloniously Killed Since the Start of Iraq War
2003
— 52
2004
— 57
2005
— 55
2006
— 48
2007
— 57
2008
— 41
2009
— 48
2010
— 56
2011
— 72
2012
— 48
2013
— 53 (data not yet available, substituted 10 year average)
Total
= 587
The
Myth of the Most Dangerous Job
After
a minute of simple math (5,000/587 = 8.52), what might seem obvious became much
clearer: A cop is far more likely — 8.5 times — to kill you than you are to
kill a cop. Stated another way, when an officer comes into contact with you,
you are far less of a threat to them than the perception our culture
proliferates. The police are, in fact, more of a threat to YOU.
The
idea that police have an incredibly dangerous job is what we Southerners call a
tall-tale, a stretch of the truth to bolster an ego unwilling to accept
mediocrity. Not to take away from what many fair-minded officers do every day,
but as those stubborn things called facts would have it, policing is less
dangerous than farming, fishing, logging, and trash collecting, as well as six
other professions.
Now
is the time to burst the cop myth and to stop giving them the deference to
murder our friends and family in the street.
John Geer, unarmed and shot dead by the Fairfax County Police, left to bleed for one hour before help arrived while the cops were ten feet away
Cop shoots dog in parked car, claims “vicious pitbull” lunged at him
Cop shoots dog in parked car, claims “vicious pitbull” lunged at him. The cop shoots through a half-rolled down window.
An officer shot and killed a pit bull on Wednesday morning near 8th Street and Sherman. Investigators described the dog as a “vicious” pit bull and said it lunged at the officer. However, the dog’s owner said the dog was not a pit bull but a black lab (pictured above).
When an officer approached the van with his gun drawn, the dog lunged out of the open driver’s side window according to Coeur d’Alene Police Department leaders. The officer said the pit bull lunged at his face. Investigators said the officer fired one round from his service weapon and shot the dog in the chest. The dog later died.
An officer shot and killed a pit bull on Wednesday morning near 8th Street and Sherman. Investigators described the dog as a “vicious” pit bull and said it lunged at the officer. However, the dog’s owner said the dog was not a pit bull but a black lab (pictured above).
When an officer approached the van with his gun drawn, the dog lunged out of the open driver’s side window according to Coeur d’Alene Police Department leaders. The officer said the pit bull lunged at his face. Investigators said the officer fired one round from his service weapon and shot the dog in the chest. The dog later died.
The Fairfax County Police killing of John Geer
Ten months of silence in the
Fairfax police shooting death of John Geer
By Tom Jackman
Friend of Springfield man fatally shot by police speaks out, seeking answers in case
By Paul Wagner, FOX 5 Reporter -
Ten months of silence in the Fairfax police shooting death of John Geer
By Tom Jackman
John B. Geer, shot and killed
by a Fairfax County police officer on Aug. 29, 2013, while he stood in the
doorway of his Springfield townhouse. Ten months later, no one has explained
why this happened and no ruling has been made on whether the shooting was
legally justified. (Jeff Stewart)
There may be a very good reason
why a Fairfax County police officer shot and killed John Geer as he stood in
his townhouse doorway on Aug. 29, 2013. Or there may be no reason. But after
ten months, the authorities in Northern Virginia still have provided no
explanation for why this unarmed citizen was gunned down by an unnamed officer,
who remains on paid desk duty.
Geer, 46, had been drinking and
there was a gun in his home on Pebble Brook Court in Springfield. The two
patrol officers who stood 15 feet away knew this and spoke to him for about 50
minutes, before Geer started to slide his hands down the frame of the doorway
from over his head. One of the officers fired once into Geer’s chest, Geer
turned, closed the door and collapsed. The police then waited another hour
before sending in first-aid for someone who had been shot almost point-blank in
the chest. Geer was dead.
We know these things from
speaking to witnesses at the scene that day, not from anything Fairfax County
police, Fairfax County prosecutors or federal prosecutors have told the public.
Because they have told the public nothing. If you or I shot someone, anyone,
there would not be a ten month delay in deciding whether or not you or I
committed a crime. Or a ten month delay in disclosing what exactly happened
that afternoon. The police have not explained why they did not summon a
negotiator trained in dealing with distraught people, rather than allowing
patrol officers to deal with him, or why they didn’t just back off from a man
with no hostages and no indication that he was going to harm anyone else. They
also have not explained why they waited an hour to render aid, though
presumably that was for concerns for their own safety. Still, we are past the
ten month mark of silence.
At the five month mark of
silence, Fairfax prosecutor Ray Morrogh booted the case to federal prosecutors,
telling me that there was “a potential conflict with one of the witnesses and
this office,” and another conflict “concerns some information and I just can’t
get it.” He has declined to discuss the case since. Several law enforcement
sources have indicated to me that the officer involved in the case may have had
undisclosed issues of his own, that Morrogh sought his personnel files and that
the police refused to hand it over. Morrogh then turned to the feds to possibly
subpoena the file, or determine whether it was even relevant. In addition, the
officer who did not fire his weapon while standing next to the shooter may have
prior perjury issues, one source said. These issues could possibly explain
Morrogh’s comments about a “potential conflict” (the non-shooting officer) and
“some information” (the shooter’s personnel files).
Morrogh said last week that he
could not discuss the case since he was no longer investigating it. Acting U.S.
Attorney Dana Boente said he could not even confirm the case’s existence.
Fairfax County police Chief Edwin Roessler Jr. said that the FBI was reviewing
the case, but had no more information than that.
Two months after Morrogh sent
the case to the feds, Geer’s father, girlfriend and close friend Jeff Stewart
met with federal prosecutors, FBI agents and a lawyer from the Justice
Department’s Civil Rights Division. Stewart said they seemed interested but
gave no indication of what they might do. This was three months ago.
To recap, Stewart spoke with
Geer on the phone before the police arrived, and then watched in horror as the
Fairfax officer shot and killed his friend. “If John made any kind of
aggressive move,” Stewart said, “I’d have been the first one to testify on the
police officer’s behalf. But there was nothing in his [Geer's] hands, he was
not making an aggressive move, he did nothing to provoke a shot being fired. I
told them [federal investigators], this was an execution.” He said if
investigators try to explain the shooting as a “suicide by cop” by Geer,
“that’s a farce.”
Stewart added, “I feel for the
cop. He’s probably a good guy. Two good guys who made bad decisions. One’s
dead, what about the other one? He’s getting paid, with my money.”
Geer’s family did not want to
talk about the case yet, their lawyer Mike Lieberman said. They have reasons
for their silence, but the lack of a publicly outraged family has helped enable
the powers of Northern Virginia to keep this case below the radar.
The shooting occurred in the
Springfield district of Supervisor Pat Herrity (R), who said, “It’s out of our
hands, but it’s taking way too long. We really need an answer for the Geers,
and for the community.”
There may be a legally
acceptable reason for why John Geer, a kitchen contractor and father of two
girls, was killed. If the officer thought Geer was reaching for a weapon, by
lowering his hands down the frame of his front doorway, that could provide him
with the basis of an argument for self-defense, even if the officer was wrong.
We learned this in the David Masters shooting in 2009, when Officer David Scott
Ziants told investigators he thought Masters was reaching for a gun, though he
wasn’t. Ziants also thought Masters was driving a stolen car, which he wasn’t,
and that Masters had run over another officer, which he hadn’t. But his state
of mind and intent were such that Morrogh felt he could not charge Ziants with
manslaughter, and Morrogh ruled the shooting justifiable. The police later
fired Ziants.
But that case, with many more
variables, was ruled upon in two and a half months, and Morrogh laid out the
reasons for his ruling in detail. After five months, Geer’s case was shifted to
the feds. After 10 months, we still know nothing. The silence is deafening, and
unbelievable.
Previously: Five months after
Fairfax police killed John Geer, more delays ahead in resolving case
The death of John Geer: Now
seven months of silence on Fairfax police shooting
Tom Jackman is a native of
Northern Virginia and has been covering the region for The Post since 1998. In
2011 he launched The State of NoVa blog, a state strictly defined as the
boundaries of four counties and one city: Arlington, Fairfax, Loudoun, Prince
William and Alexandria.
Friend of Springfield man
fatally shot by police speaks out, seeking answers in case
By Paul Wagner, FOX 5 Reporter
-
SPRINGFIELD, Va. -
It has been more than ten
months since an unarmed man was shot to death by Fairfax County police and
there is still no resolution in the case.
John Geer was standing in the
doorway of his Springfield home last August talking with officers when one of
them opened fire.
The U.S. Attorney’s Office with
the help of the FBI took over this case at the request of Ray Morrogh, the
Commonwealth’s attorney in Fairfax County, who said he had a conflict after
investigating the case for five months.
No other police shooting case
in the history of the Fairfax County has taken this long to resolve.
Jeff Stewart, a friend of
Geer’s, against the wishes of the federal government, is speaking out in hopes
of bringing attention to the case.
When Geer was shot to death,
Stewart was standing about 70 yards away.
“A police car was sitting here
and we were standing approximately here, give or take 75 yards from the front
door,” Stewart explained. “I was able to talk to John at one point. They
wouldn't let me walk down there.”
“I yelled to him from here. I
asked him to come out of the house. Told him this wasn’t the way to handle the
situation and he basically told me to shut up and he wasn’t coming out.”
Geer was upset over the breakup
of a long-term relationship and had been drinking. The police were called.
Numerous officers had their weapons drawn.
“John was standing in the
doorway of his house,” said Stewart. “His hands were on top of the storm door.”
Geer was wearing a shirt and
gym shorts, and although he had told the police he had a gun, it didn't appear
to be on him.
"After about 30 minutes,
it looked as though he just got tired of holding his hands up,” said Stewart.
“He began to slower lower his hands down the door and when his hands reached
this point, his palms were on the door and the shot was fired.”
Geer then clutched his chest
and slammed the front door. He had been shot. But instead of running in to
help, the police backed off and waited for a SWAT team that found him dead just
inside the front door. His pistol was holstered a few feet away.
"John was distraught that
day,” Stewart told us. “He admitted to the police officers he had been
drinking. But these are men entrusted to protect not only the public, but they
are entrusted to protect John from himself -- evident by the officer who told
me they can't allow him to go in the house, he might hurt himself. So these men
should have been trained to handle the situation differently.”
No one really knows why the
investigation is taking so long. In the recent cases of David Masters and
Salvatore Culosi, two unarmed men also shot and killed by Fairfax County police,
it took less than three months to resolve them.
We reached out to Morrogh and
he told us in an email that he had a conflict in the first five months. He
thought could get around it and then a second conflict came up, but ultimately,
he had to hand the case over to the federal government.
At this point, there has been
no resolution after ten months.
Stewart and the Geer family are
still looking for answers.
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