Disciplinary Board Determines Fate of CMPD Officer

By: Becky Bereiter

CHARLOTTE -- A disciplinary board is determining the fate of a veteran Charlotte-Mecklenburg police officer.

Officer Mike Tinsley is currently suspended from the department on allegations he took advantage of his position and misused police equipment for personal use.

On Thursday, more department heads testified to Tinsley’s behavior. Chief Rodney Monroe is pushing for his termination on allegations he abused his position to illegally park his personal vehicle at the Family Life Center of First Baptist Church.

Tinsley maintains he had permission from the church's pastor to park in the Uptown lot. Attorneys for CMPD cited an incident in April of 2013 where he became irate with a Preferred Parking employee who ticketed him.

"He was in my face, right at me yelling, ‘Who are you? What are you doing here? I'm a cop, who gives you the right?'” said John Harper Jr., who issued the ticked.

The department also claims he inappropriately dismissed traffic tickets and used police databases to run gun serial numbers and driving records for family members and friends.

"Everyone doesn't have the opportunity to have a friend run their license or get their tickets dismissed for them - so he used it for his personal relationship with these people," said Major Alfreda Lester with CMPD.

A month prior to his long term suspension on those allegations, he was suspended for 30-days after another officer claimed he sexually assaulted her. He was suspended on the grounds his testimony was inconsistent with the Internal Affairs board.

He was never charged by CMPD and he denies it ever happened. The department, however, says his track record of issues dating back to 1999 is grounds for dismissal.

“It was just hard for us to see any other corrective action than to separate him from our department," said Lester.

Testimony resumes Friday. The board hopes to reach a decision by the end of the day.

It only needs a majority, not a unanimous vote, for a decision

Vilonia cop suspended after complaint of harassment

By Max Brantley

Vilonia Officer Steven Carpenter has been suspended for an investigation of complaints that he'd harassed a local teen (allegedly for insulting Carpenter's daughter), roughly handled and threatened to Tase the teen's father, and ordered the teen out of a public subdivision. In one encounter with the teen, Carpenter used the pretext of a suspended license stop to search his vehicle to turn up a leafy substance. In that encounter, the teen reportedly kicked out the window of Carpenter's patrol car while Carpenter struggled with the teen's father.

The family dispute isn't the only investigation.

According to a report taken by FCSO on July 14, the woman claims Carpenter stopped a car she was riding in that morning for a burned-out taillight and asked her and the driver questions about the driver’s boyfriend before ordering her out of the car and fondling her crotch during a pat-down search for weapons. Carpenter told the driver that if she left the scene of the traffic stop he would arrest her for fleeing, and came and went several times in a stop that lasted more than an hour.

... The driver of this car also reported that on July 15 she waved at Carpenter, who arrested her and cited her for disorderly conduct, claiming that she’d made an obscene hand gesture.

The local prosecutor and the State Police have been asked to review the complaints.

False arrest lawsuit filed against Anderson County, sheriff, deputies

CLINTON — Anderson County, Sheriff Paul White and four deputies have been named in a Circuit Court lawsuit that alleges assault and battery and false arrest in what’s described as a case of mistaken identity.

But Herbert S. Moncier and Houston S. Havasy, the Knoxville attorneys for Anderson County resident Carlen Reeves, omitted a key component of their complaint — the date of the alleged incident.

Reeves was injured on Sept. 13, 2013, during the episode, acquaintance Ralph Martin said.

According to the lawsuit, Reeves was a passenger in a vehicle driven by Randy Craig on Highway “61 and 62” in Anderson County when four deputies “activated their emergency equipment” and required Craig to pull over.

The deputies ordered the two men out of the vehicle and told them to raise their hands and “walk backwards towards their voice,” according to the complaint.

While guns were pointed at him, Reeves was ordered to “go down on his knees with his hands raised,” it continues. Reeves fell while doing so, “heard a loud pop and experienced a sharp pain in his left knee.”

Reeves was left kneeling on the roadside for some five minutes before he was placed in the back of squad car where the seat was pushed against his knee for another 10 to 15 minutes, according to the complaint.

The deputies “then explained the arrest was a mistake” and released Reeves and Craig, it states.

As a result of the incident, Reeves had to undergo knee surgery and physical therapy, according to the lawsuit, which seeks a jury trial and compensatory damages.

Deputies named in the complaint are Kenny Bradley, Rick Coley, Josh Zisman and Steve Abner. The legal action was filed Monday.

Technology plays key part in battling police brutality

By Michael Kinney CNHI News Service  

Allegations of police brutality are nothing new -- as long as there has been law enforcement, citizens have registered claims that some officers cross the line. But in the last few years, the claims of excessive force are being corroborated with new technology from cell phone cameras, police dash-cams and surveillance videos.

The most recent example to make headlines is the death of Eric Garner in New York on July 17, after being put in a chokehold by members of the New York Police Department.

In the past, Garner's death could have just been attributed to another case of resisting arrest, despite the presence of several witnesses. But because the entire ordeal was recorded on a cell phone camera, the public is provided a clear picture of what took place.

It's a weapon that activists such as the Rev. Al Sharpton believe is changing the way police brutality cases are handled.

"We definitely want to encourage people to video and keep their videos there," Sharpton said in a radio interview on The Rickey Smiley Morning Show this week. "Because if there had not been a video ... we would never had been able to prove this. They would have lied on them. You and I must become the vigilance of what is upholding the law by being ready to film."

According to The Inquisitr, the city of Rialto, California, did a controlled study where the city's 70 police officers were required to wear a video camera that recorded all of their interactions with the public. In 2012 alone, complaints against Rialto police officers fell by 88 percent, while use of force by officers fell by almost 60 percent.

"When you put a camera on a police officer, they tend to behave a little better, follow the rules a little better," Rialto Police Chief William A. Farrar told the Inquisitr. "And if a citizen knows the officer is wearing a camera, chances are the citizen will behave a little better."

One of the first videos of alleged police brutality to gain national notoriety was the 1991 case of Rodney King. Even though the police officers were found not guilty, which led to a riot in Los Angeles, the event showed the power video has on public sentiment.

Now, with the advent of social media, videos are uploaded, posted and sent across the world in a matter of seconds.

Yet, while it's now easy to go onto a social media site, type in "police brutality" and find hundred of videos, photos and stories, Sharpton doesn't believe that means there is more of it taking place than in the past.

"I think there is an increase in the technology and the ability to prove it," Sharpton said in the radio interview. "Unfortunately, we hear these complaints everyday, all day. But now that we have the videotape, we can go public and get a lot of things done. I don't know if there is an increase in brutality as much as an increase to establish there's brutality."

Here are just a few of the incidents involving law enforcement officers over the last two years that caught the attention of the media and public at large (Warning: The videos below are graphic).

________________________________________

According to reports, Eric Garner, a 43-year old New York resident had just broken up a fight when he was confronted by members of the NYPD July 17. The recording shows Garner telling the officers he did nothing wrong and he was "tired of it." After being place in a chokehold and held down on the ground while he complained he couldn't breathe. Garner died minutes later at the scene. 

Victim of alleged police brutality files $10 million suit against Norwalk, four officers Erik Trautmann

Victim of alleged police brutality files $10 million suit against Norwalk, four officers By 

LESLIE LAKE

NORWALK — The attorney for a Norwalk man who suffered multiple injuries during a 2012 arrest has filed a $10 million lawsuit in Federal court against the City of Norwalk and four Norwalk police officers alleging civil rights violations.

The 19-page lawsuit, obtained by The Hour and that was filed by Greenwich attorney Phillip Russell on behalf of now 23-year-old Cody Greene, alleges that police officers violated Greene's civil rights and caused a series of injuries, some of which were deemed permanent.

In addition to the City of Norwalk, defendants are police officers Steven Luciano, Felipe Taborda, Adam Mulkern, and Julio Rodriguez.

The action is being brought pursuant to 42 U.S.C. 1983 and 42 U.S.C. 1988 and the first, fourth, fifth, eighth, and eighteenth Amendments to the U.S. Constitution.

According to the lawsuit to be filed, Greene was visiting a friend at 16 School St. when a black vehicle with tinted windows pulled up next to him and the four defendants, all dressed in black exited the vehicle and began asking him questions.

"At no point in time did the individual defendants identify themselves as police officers, nor were the individual defendants wearing and/or displaying any clothing or badging that identified them as such. At that point, and for no reason, defendant Mulkern attempted to 'pat down' the plaintiff."

The complaint further alleges that the fearful plaintiff ran from the scene and the police officers engaged in a foot pursuit. During the foot pursuit, the suit further alleges that a gun was pointed at Greene and he was Tasered.

"The plaintiff tired, Tasered, and staggering fell with his arms outstretched ...Thereafter Defendant Luciano rolled the Plaintiff over on his back, placed his knees on the Plaintiff's outstretched arms, sat on the Plaintiff's chest, and beat the Plaintiff's head and face numerous times with closed fists and elbows," according to the complaint.

According to a police report dated July 19, 2012 police say: "We were dressed in black Raid type uniforms with 'POLICE' in bright yellow letters, making us immediately identifiable as Norwalk Police Officers."

Norwalk Police Chief Tom Kulhawik released a statement Friday afternoon responding to the allegation.

"The lawsuit is not unexpected based upon the initial posturing of Attorney Russell in this case," Kulhawik said. "However I am confident that our Assistant Corporation Counsel will vigorously defend the officers who our investigation found had acted within the law and within department policy."

At the time of the arrest, Kulhawik said that he had no reason to suspect the officers involved in the apprehension used excessive force.

Kulhawik noted that the investigation was "hampered by Attorney Russell's decision to not allow his client to be interviewed nor would he allow the release of any medical records in the case."

President of the police union, Dave Orr, also commented on the lawsuit Saturday morning.

"The officers named in this complaint have already be cleared of any wrong doing. The Internal Affairs investigation supported that force was applied correctly and according to policy and law," Orr said. "I am confident that this processes will yield the same determination, and that the details of the arrestee's criminal behavior which precipitated this incident and made any use of force necessary will come to light as well."

At a Friday morning press conference attended by Greene, Russell, attorney Todd Haase, and private investigator William Smith, Russell said, "Exactly two years ago today Cody was accosted by four people in civilian clothes who demanded he submit to a search. When he ran away, he was chased and when he was caught he was Tasered and beat up...His injuries are prodigious and are outlined in the complaint. They are life-altering injuries and this is a tragedy."

Among the injuries to Greene claimed in the complaint are: Left orbital fracture, left upper and lower jaw fractures; fractured nose and septum; left eye hemorrhage; hemorrhage in posterior temporal lobe of brain; cerebral concussion and traumatic brain injury; stuttering disorder; post traumatic stress disorder; nerve damage to face and nose; post traumatic headaches and insomnia; facial numbness, impaired balance and gait; and deficits in attention, concentration, word finding, detail orientation, and short term memory.

The lawsuit alleges that, "The Plaintiff's injuries, or some of them, will be permanent in nature and/or permanently disabling."

"Because of the injuries sustained, the Plaintiff was transported to Norwalk Hospital via ambulance, placed in a medically induced coma, placed in intensive care, and remained in the hospital for four days," according to the complaint.

Greene was charged at the time with two felonies: Possession with intent to sell, a possession of a controlled substance within 1,500 feet of a school or housing complex, and four misdemeanors: Two counts of interfering with a police officer, possession of a controlled substance; and criminal trespass.

He was arraigned in his hospital bed on allegations of selling marijuana in a housing complex and led police on a foot chase in which three officers were injured. Two of the officers were hospitalized; one with a gouge to his leg requiring 15-20 stitches and another officer with a hamstring injury.

"The unlawful possession charge was based on marijuana that was found in a window well of the complex, and the interference charges were based on injuries the officers sustained in the chase," Russell said. "Cody was cleared of most charges and was placed in a diversionary program for minor offenders."

"The officers were cleared in an internal investigation," Russell said.

"We don't want this to be swept under the rug, and we hope that this doesn't happen to any other citizen of Norwalk."

The city has 41 days to answer the complaint and a motion to dismiss is due by Oct. 16, 2014.

Hour Staff Writer Steve Kobak contributed to this report

The national epidemic of mentally unstable cops goes unchecked

Police Brutality: Top Four Most Shocking Cases

Posted by Lauren DiDonato on July 18, 2014 in Viral Stories | 1078 Views | 4 Responses

Are police getting out of control? Numerous shocking cases of police brutality are popping up all over the country. Police have been reported of using excessive force on citizens, resulting in serious injuries and in some cases even death. Often, these cases do not make national headlines. Here are four cases of police brutality all of which have occurred recently.

1. Attack of Iraq war veteran

Guillermo Balseca is an Iraq war veteran who spent ten years in the United States Marine Corps, and was active on several tours in Iraq. Balseca miraculously made it through his service completely unscathed. Now, he is facing life with permanent disability from wounds inflicted on him in an attack by an Amtrak cop, William Gonzalez, who was off duty at the time. Police have stated that the event took place earlier this month at a housewarming party in Gonzalez’s New York City home. While the cause of the attack remains unknown, Balseca claims that those in attendance at the party had been drinking alcohol. Gonzalez reportedly knocked Balseca out on the deck of the house. Witnesses claimed that the officer continued to attack Balseca, even after it was clear he was unconscious. The level of violence from the attack resulted in bleeding and contusions around Balseca’s brain. He is now suffering with short term memory loss, and is also having difficulty moving his left foot. There is an ongoing investigation and Gonzalaz, who was arrested on July 5, and charged with aggravated assault, has been put on desk duty until police can look into the charges.

2. Marlene Pinnock

On July 1, 51 year old Marlene Pinnock, a homeless woman, was attacked by a California Highway Patrol officer on a freeway west of downtown Los Angeles. The officer involved in the attack has not been identified. Pinnock was reportedly walking along the high way, and may have been suffering from psychiatric problems.  

The Police officer was attempting to restrain Pinnock. A passerby caught the shocking event on a cell phone, and the video has gone viral. In the video, the CHP officer can be seen using excessive force on Pinnock, who was reportedly not resisting arrest. 

The officer is shown grabbing Pinnock from behind and throwing her with great force to the ground. He then straddled the woman and began repeatedly punching her upper body and directly in her face. Pinnock, who claims she feared for her life during the attack, is still hospitalized for head injuries and personal trauma. The police officer has been placed on desk duty.

3. Eric Garner

43 year old Eric Garner is the next victim on the list. On July 17, Garner, a New York resident, referred to by friends and family as a “gentle giant,” was questioned by a plainclothes officer for reportedly selling untaxed cigarettes, a crime he had been arrested for in the past.

 In the video caught by a witness, which has gone viral, Garner was visibility upset and denied the allegations, asking why he was being stopped. Stating that he had been “messed with,” by officers every time he came into contact with them, he can be seen in the video refusing to put his hands behind his back. Garner asked the officer not to touch him, and at that point two other officers on the scene moved in to make an arrest. The video shows one officer putting Garner in a choke hold and throwing his head violently to the ground. Garner, who suffered from chronic asthma, can be heard in the video begging for his life, screaming to officers, “I can’t breathe,” multiple times before going quiet. Witnesses, who expressed anger at the police officers, said that Garner was foaming at the mouth. Garner, a married man and father of six children allegedly suffered a heart attack during the attack, and died on the scene.

4. Jianqing “Jessica” Klyzek

In an incident that occurred in July of 2013, Chicago police are being accused of physically and verbally abusing at the time 32 year old Jessica Klyzek, a manager of tanning salon and massage parlor. Police were called to Klyzek’s store after a police officer was reportedly offered sex by an employee. Klyzek was apparently not cooperative when police raided her store. A video of the incident shows a police officer yanking Klyzek, who weighs only 110 pounds and stands at 5’2 tall, from a hallway and shoving her into a corner. Klyzek claims that the police officer then covered her nose and mouth resulting in her being unable to breathe. When Klyzek was handcuffed with her hands behind her back and on her knees, a cop can be seen striking her in the head. 

The attack resulted in numerous abrasions and scratches. Police were also verbally abusive to Klyzek which the video shows as well. One cop can be heard saying he was going to use a taser on the woman “ten (explicative) times,” and threatening Klyzek, who is of Chinese origin, that he was going to “send her back to wherever the (explicative) you came from.” Two of the officers involved in the attack have been charges in the past with abusing immigrants.

These are only four shocking cases of police brutality. Sadly, more and more are being reported around the country. While the victims in these cases may not have been cooperative with the officers, the excessive force and abuse that took place in each event, many feel, is completely uncalled for. The videos of each of these violent crimes can be seen in full online.

By: Lauren DiDonato

The national epidemic of mentally unstable cops goes unchecked

Target staple aldi dicks 

Police brutality case: Syracuse man accused of flailing arms at wife, but she says cops didn't talk to her

Syracuse, NY -- A Syracuse man who claims police beat him bloody is accused of disorderly conduct for flailing his arms at his wife and officers before the arrest.

Alonzo Grant, 53, is facing misdemeanor resisting arrest and two violations in the June 28 police confrontation that left him bloodied. He suffered a concussion, broken nose and cut lip in the incident at his residence, said Charles Bonner, a San Francisco-area civil rights attorney also working on his behalf.

Grant's lawyer says he will file a federal lawsuit challenging the police account of what happened. He called on the Onondaga County District Attorney's Office to drop the charges.

Officers never talked to Grant's wife about what happened, said another family lawyer, Jesse Ryder, of Syracuse. Stephanie Grant stood by her husband during a news conference Wednesday announcing a police brutality lawsuit against the officers.

Related link: The Grants reenact what they say happened in YouTube video.

There had been an argument between Grant and his adult daughter earlier that evening, and Grant asked his daughter to leave until things calmed down, according to the videotaped statement.

The daughter was in the front yard when she got into another argument with a neighbor. Grant called 911 to break up the dispute between his daughter and the neighbor.

By the time police arrived, his daughter was gone and Grant told the officers they were no longer needed. Then he walked back up the stairs into his house.

 Alonzo Grant's lawyers provided this photo of injuries Grant suffered in a June 28 encounter with police.Provided photo

That's when the confrontation began. A witness captured a portion of the arrest in a video posted on YouTube (contains adult language)

Grant says a police officer followed him into the house and told him to go outside and talk to another officer.

Grant opened the screen door, which police said banged, and started walking down the steps.

An account from Officer Paul Montalto described it this way: "The defendant violently punched the front door of the house causing it to fly open,in the presence of police officers, and continued to annoy and alarm all parties involved with his violent, tumultuous, threatening behavior."

Grant claims he was walking down the stairs when an officer charged him without warning, grabbed him in a bear hug and flung him over a railing before putting him in a chokehold as another officer struck him repeatedly with his fist.

Police said Grant resisted arrest while being taken into custody for "acting aggressively" toward his wife, the charge the family says is false.

"The defendant was screaming, yelling and acting very aggressively toward his wife and police," Officer Montalto wrote.

Police accused Grant of grabbing an officer and wrestling with him while being placed in handcuffs.

Grant wrapped both arms around the officer's waist and tried to take Officer Damon Lockett to the ground, according to court paperwork.

Grant says officers grabbed him without warning.

 Lawyers provided this photo of Alonzo Grant after an altercation with Syracuse police.Provided photo

Officer Montalto also said Grant resisted arrest. Grant "refused to comply with several commands to place his hands behind his back so that he could be placed into handcuffs. In order to effect this authorized arrest the defendant's hand (sic) were physically led behind his back."

In this paragraph, Montalto's paperwork mistakenly refers to Grant as "Defendant Walker." Grant's lawyers say another defendant was arraigned the same morning with that last name.

Grant is a 30-year employee of St. Joseph's Hospital Health Center who works seven days a week and has been married for the past 28 years. He has no criminal record, his lawyers said.

Syracuse police have declined comment, as is custom for pending court action. The officers' accusations were filed as part of the public court record.

Grant has filed a complaint with the city's Citizen Review Board and will file a federal civil rights lawsuit claiming police brutality.

The local chapter of the NAACP and the New York Civil Liberties Union spoke in support of Grant at a news conference Wednesday afternoon.

Grant is black. Officer Montalto is white and Officer Lockett is black.

Officer suspended after complaints of 'unlawful'

By Alexis Rogers

VILONIA (KATV) -

A Vilonia police officer was suspended with pay Thursday after two complaints were filed against him.

Officer Steven Carpenter is being investigated for "unlawful" and "vindictive" traffic stops and searches.

The Manning family is one of the families that filed a complaint against Officer Carpenter, saying their son Jaden's run in with the officer was personal.

According to Jaden Manning, "[Carpenter's] daughter, his son, they've all told me before that it was going to happen, it was just a matter of time before he did pull me over. I was expecting it. As soon as I saw it was Carpenter, I knew what was going to happen."

One witness said it was the other way around. She says Jaden and his father were rather hostile.

Vilonia police have handed over the investigation to Arkansas State Police.

"We wanted it to go to the state police that may not even be from around here to look at it so they can do their own investigation," Vilonia Police Chief Brad McNew said.

McNew says the department's main focus is still protecting residents.

Jennifer Manning says it's her job to protect her son, and their complaint is the first step to getting the truth. The Manning family wants all of Jaden's charges dropped.

Police oversight isn't the answer, raising standards is the answer with IQ checks and mental health testing

Minority, labor leaders call for civilian oversight as part of Newark police reform

By Dan Ivers | NJ Advance Media, for NJ.com 

NEWARK — Civil rights groups, labor leaders and others gathered at Newark City Hall this afternoon to demand a seat at the table as the city and U.S. Department of Justice work to formulate a plan to reform the city’s embattled police department.

The New Jersey chapters of the American Civil Liberties Union and NAACP, the New Jersey Working Families Alliance and People’s Organization for Progress were among the organizations that held a press conference to call for independent civilian oversight of the city's police department — specifically in the form of a community advisory board and a civilian complaint review board with the power to both subpoena department records and discipline individual officers.

“We cannot have the fox guard the hen house,” said Udi Ofer, executive director of the state’s ACLU.

“Police officers are provided with extraordinary powers. Because they are given such extraordinary powers, we also need to make sure there are extraordinary measures to prevent abuses.”

The groups’ announcement comes two days after U.S. Attorney Paul Fishman and DOJ officials unveiled the results of a two-year investigation into the force’s practices and procedures. Among its findings was that up to 75 percent of the pedestrian "stop and frisks' may have been unconstitutional, and that the city’s black residents had their rights violated more often than any other sector of the community.

Investigators also found that the department’s internal affairs division suffered from various systemic issues, that up to a fifth of its reported uses for force were excessive in nature, and that officers in various units had stolen from suspects and prisoners.

The groups, which also included the Ironbound Community Corporation and healthcare workers union 1199 SEIU, called the proposed reforms to the force a long-awaited moment that had potential to fundamentally change the lives of city residents.

“This is validation and affirmation to decades of marching and rallying for a stronger city and more just police department,” said RaShawn Davis, an ACLU organizer and Newark native.

The monitor, expected to be appointed in mid-September, will likely oversee the force for several years, depending on its ability to meet predetermined benchmarks designed to measure the pace of reform.

The creation of a community advisory board and civilian review board, the organizations argued, would ensure that the changes would remain in effect long after any monitor leaves town.

“No one can be expected to do a good job if there is no sense of accountability. If nobody is reviewing your work, if no one is ensuring the integrity of your work, it is very difficult to do a good job, no matter what your job is,” said Emily Turonis, an organizer with the Ironbound Community Corporation.

Whether federal authorities intend to impose such measures is unclear. While DOJ officials have reached an agreement in principle with city leaders that calls for “civilian review” of the police department and additional “community engagement”, U.S. Attorney Paul Fishman said Tuesday that no specific plans for a complaint review board or other measures are in place.

Many of the speakers offered praise for new Mayor Ras Baraka’s welcoming stance toward federal intervention, and called on him to consult with members of the community while the city and DOJ finalize the details of an official consent decree that will finalize the reforms.