AURORA CIVIL SERVICE UPHOLDS CONTROVERSIAL COP’S SUSPENSION

“Falco’s history establishes a pattern of conduct where, even after receiving substantial discipline for violations, Officer Falco repeatedly continues to disregard directives,” the commission wrote.

By BRANDON JOHANSSON,

AURORA | The city’s Civil Service Commission upheld a 320-hour suspension Wednesday for an oft-disciplined Aurora cop who shot at a truck full of auto parts thieves.

In the ruling, the commission said Officer John “Chris” Falco disobeyed a department directive when he fired at the vehicle in 2011, killing one suspect and leaving another paralyzed. The commission said Falco was “cavalier” when he opted not to look for cover and instead opened fire on the truck.

Falco has a lengthy discipline history and has been fired before only to have the commission overturn the firing.

In the ruling Wednesday, the commission said Falco’s history of disciplinary issues played a role in their decision to uphold the chief’s 320-hour suspension.

“Falco’s history establishes a pattern of conduct where, even after receiving substantial discipline for violations, Officer Falco repeatedly continues to disregard directives,” the commission wrote.

The list of infractions Falco has been disciplined for include calling the wounded auto part thief a “marshmallow head” to other officers,  babysitting his grandson while on duty, berating a city lawyer, cursing at a teenager during a traffic stop, and using homophobic slurs toward another officer.

Prosecutors ruled Falco and another officer were justified when they fired at the truck and they were not charged with a crime. Still, then-Chief Dan Oates suspended Falco because he fired at a moving vehicle, something a department directive specifically forbids.

Falco’s lawyer did not immediately return a call for comment Wednesday.

Ohio officer accused of giving cop a break on OVI

Tom Meyer, WKYC

WILLOUGHBY, Ohio -- What are the chances you would get a break if you were caught driving and driving?

Veteran Willoughby Patrolman Steve Alemagno could have possibly arrested a fellow officer who had been drinking and driving. He could have given the officer a field sobriety test.

He did neither. Instead, he cut the officer a break and had him call a friend for a ride home.

Alemagno never stuck around long enough to see if off-duty Ashtabula Officer Wayne Howell ever got a ride. He didn't. Instead, he got back into his pick-up truck and drove away.

He was later stopped by the Ohio State Highway Patrol and arrested for OVI after his blood alcohol level was nearly two times the legal limit of .08.

Willoughby Police Chief Jack Beckwith suspended Alemagno for three days for making a bad decision.

But Beckwith admitted his officers have discretion in these types of cases. That drew a stunned reaction from Judy Liggett, from Mothers Against Drunk Driving.

"We're just lucky the conversation is about the discipline of the officer instead of a funeral for someone that was innocently driving down their road and their life was taken senselessly," said Liggett.

The highway patrol told the Investigator Tom Meyer that no one they pull over for drinking and driving ever gets a break.

"We stop you and issue a citation for OVI," said Lt. Brant Zemelka, of the Chardon post of the Ohio Highway Patrol.

Howell has been reassigned as a dispatcher indefinitely and given a 20 percent cut in pay until Ashtabula Police Chief Robert Stell decides if further disciplinary action is warranted.

Texas police detective fired for Facebook post

MARLIN, Texas (AP) - A Marlin police detective has been fired after allegedly using Facebook to complain about people on public assistance.

Police Chief Darrell Allen on Wednesday dismissed Rob Douglas, a five-year veteran of the force southeast of Waco.

A post attributed to Douglas expressed frustration about grocery shopping on the first of the month. It spoke of seeing people on public assistance or food stamps, and complained that somehave tattoos and expensive car accessories.

The post referred to "useless lazy turd bags" and ended, "If I ever snap and go on a killing spree, it will be in a supermarket on the first."

City Manager R.C. Fletcher told the Waco Tribune-Herald that Allen fired Douglas for violating social media policies and rules of conduct.

Douglas initially was placed on administrative leave.

Again we need national IQ standards for cops

CA: Officer accidentally shot man, will not be charged

 By Catherine Rogers

PORTSMOUTH, Va. (WAVY) — A Chesapeake officer who shot an unarmed man in Portsmouth will not be charged by prosecutors, who say it was all just an accident.

Bill Prince, a spokesman for the Portsmouth Commonwealth’s Attorney, said a Portsmouth police investigation determined the shooting of 27-year-old Michael L. Smith was unintentional. He said there was no evidence that Chesapeake Officer Elliot Boyd, Jr. had any criminal intent.

 Boyd’s police vehicle with a bullet hole through the windshield, at the June 12, 2014 scene (WAVY).

Smith was walking near the intersection of South Street and Cumberland Avenue around 2:20 p.m., June 12 when he was approached by Boyd in an unmarked patrol car. The officer was trying to serve Smith outstanding warrants from Maryland for first degree burglary, fourth degree burglary, malicious destruction of property, stolen firearm, third degree burglary and theft $1,000 to $10,000, according to Lt. Joe Zurolo with the Elkton Police Department.

“As the officers’ vehicle approached Smith in an attempt to apprehend him, a firearm was discharged from inside the unmarked police vehicle,” Portsmouth Detective Misty Holley said.

Boyd shot his firearm through the windshield of his vehicle; the bullet grazed Smith’s arm and entered his chest.

“Yes, [the bullet] went through the windshield … it struck me … and the bullet is still in me … I did not have a gun … I did have a pocket knife,” Smith told WAVY.com from Portsmouth City Jail several days after the incident.

Smith said Boyd’s partner immediately questioned the officer’s actions: “The partner said, ‘why did you fire?’ The officer who shot me then went back and sat in the car.”

Smith was carrying a plastic bag at the time he was shot on June 12, 2014 (WAVY).

Smith was transported to Sentara Norfolk General Hospital, treated, and several days later taken to Portsmouth City Jail.

The Commonwealth’s Attorney’s Office said Smith did not give Boyd any reason to shoot him.

Chesapeake Police Chief Kelvin Wright released a statement this week, saying Officer Boyd — a 25-year police veteran — remains on administrative duty while the department complete’s an internal investigation of the incident.

“The purpose of this investigation is to review and determine if the department’s policies and procedures were correctly followed,” Wright said. “The conduct of the officer as it relates to the performance of their duties will be evaluated and if appropriate corrective action will take place.”

The results of the internal investigation will not be released to the public, he said

Off-duty MTA cop accidentally shoots 3-year-old son in the stomach at Long Island home

Officer John Gigantiello, an 11-year veteran assigned to the K-9 unit, accidentally discharged one round, and suffered a graze wound to one of his hands in the process. His toddler son required surgery, but was said to be in stable condition. Suffolk County police are investigating; no charges have been filed

An MTA cop accidentally shot his 3-year-old son in the gut while off-duty at his home on Long Island on Tuesday night, authorities said.

Officer John Gigantiello, an 11-year veteran assigned to the K-9 unit, suffered a graze wound to one of his hands when the weapon discharged inside his home on Devon Lane in Smithtown about 7 p.m., Suffolk County police said on Wednesday.

Only one round was fired, and the circumstances under which the discharge occurred were not immediately revealed by police officials.

Emergency responders from the Smithtown Fire Department rushed Gigantiello, 40, and his son to St. Catherine of Siena Medical Center, in Smithtown, for treatment. The boy was then transferred to Stony Brook University Hospital, where he underwent surgery to remove the bullet. He was in stable condition on Wednesday, as was his father.

Gigantiello has not been charged, police said. An investigation was underway.

The Metropolitan Transportation Authority Police Department also will conduct an investigation, according to agency spokesman Sal Arena.

“We are aware of the incident, and once the Suffolk County police complete their investigation, the Internal Affairs Bureau of the MTA police will do [its] own inquiry,” Arena said.

Gigantiello was out on sick leave on Wednesday, according to an MTA source. “He has a clean disciplinary record,” the source added.

Gigantiello joined the MTA Police Department’s K-9 Unit in 2007. He named the first police dog in his care “Sarge,” after Sgt. James McNaughton, a police officer killed by a sniper in Baghdad while serving with the U.S. Army.

Sarge retired previously and has since passed away, agency sources said.

Lawsuit: Cops trying to subdue dog shot woman

BY DANA DiFILIPPO

A SOUTH Philadelphia woman claims cops trying to subdue a neighbor's unruly pit bull blasted their guns at the animal - and hit her.

In a lawsuit filed Monday in Common Pleas Court, Kristen Kelly said that at least one of the six bullets two officers fired at the dog on Aug. 5, 2012, hit her in the leg on her block on Etting Street near Reed.

Afterward, she underwent surgery, suffered postsurgical infection and still suffers from leg numbness and severe emotional distress, according to her complaint.

The dog was killed.

Kelly is seeking more than $50,000 in damages for negligence and assault/battery. The complaint names the officers, the city and the Police Department as defendants.

Her attorney, Kenneth Saffren, claims the officers used excessive force in responding to an animal incident and failed to call animal-control authorities or clear bystanders before drawing their guns.

Sgt. John Stanford, a police spokesman, said he couldn't comment on pending litigation.

The lawsuit comes amid federal scrutiny of the city's police-involved shootings. Commissioner Charles Ramsey last spring asked the U.S. Department of Justice to review the cases, which have soared in the past decade even as overall violence in the city has fallen.

Police-involved shootings also have led to a spike in lawsuit payouts, a recent Daily News examination found.

The city paid nearly $14 million last year to settle civil-rights claims, up from $4.2 million just four years earlier. Last year's biggest payout, $2.5 million, was given to a man shot in the chest by a police officer investigating a false burglary report in the man's home.

"We have been reviewing our policies and practices regarding officer-involved shooting," Stanford said. "The department is committed to providing the best possible training for our officers to serve them and the public in the best possible manner."

Ex-cop charged with homicide says Oregon teen's death accidental

KENOSHA, Wis. (AP) — A former Wisconsin police officer killed a 19-year-old college student from Oregon during a choking game that went too far, hid her body in a suitcase she brought to their sex date and then kept her body in his refrigerator for months, according to a criminal complaint filed Tuesday.

Steven Zelich, 52, of West Allis, was charged with first-degree intentional homicide — the Wisconsin equivalent of murder — in the 2012 death of Jenny Gamez from Cottage Grove, Oregon. Zelich also is a suspect in the death of a Farmington, Minnesota, woman.

The women's bodies were found in June in suitcases left along a rural highway about an hour southwest of Milwaukee. According to court records and testimony, Zelich told investigators that he met the women online, killed them accidentally during dates for sex and hid their bodies until they began to smell. Then he dumped them on the roadside, where they were found by highway workers mowing grass.

Kenosha County District Attorney Robert Zapf said he chose to charge Zelich with the most severe crime possible because he didn't believe the deaths were accidents.

"Killing two women over the span of 15 months under the circumstances in which the defendant acknowledged, by gagging them with a ball gag in the mouth, ropes around the neck, hands tied behind their back, blindfold over their face. He may call that accidental. I call it murder," Zapf said.

Zelich's attorney, Jonathan Smith, said Zapf would have to prove that his client meant to kill the women, and that could be more difficult if they died during consensual sex. He also noted no homicide charges have been filed yet in the Minnesota woman's death.

"The fact of the matter is, he's charged with the death of one individual in Kenosha County, at this point, and that's the death that we're going to focus on," Smith said.

Zelich was charged previously with two counts of hiding a corpse in Walworth County, Wisconsin, where the bodies were found. He faces an additional charge of hiding a corpse in Kenosha County, which Zapf said is separate and based on Zelich's actions the day Gamez died.

A Walworth County detective testified in June that Zelich told investigators he met Gamez at a Kenosha County hotel in 2012 and killed her accidentally during rough sex. Zelich then put Gamez's body in a suitcase that he stored for more than a year in his home and car, Walworth County Sheriff's Detective Jeffrey Recknagel said.

The other victim has been identified as Laura Simonson, 37, of Farmington, Minnesota. Zelich told investigators she died in November at a hotel in Rochester, Minnesota, Recknagel said. No charges have been filed yet in Minnesota.

Zelich eventually moved Gamez's body to the trunk of his car, where he also was storing Simonson's body, a criminal complaint said. He dropped them in Walworth County in early June after they began to smell, Recknagel said.

Zelich worked for the police department in the Milwaukee suburb of West Allis from February 1989 until his resignation in August 2001, following an internal investigation that found he stalked women while on duty and used his position to get access to their personal information. His resignation allowed him to avoid discipline and pass state background checks for a private security officer's license. He was working as a licensed private security officer when he was arrested June 25.

Off-duty Portland police officer arrested for DUII after crash

PORTLAND, Ore. – An off-duty Portland police officer was arrested Thursday after police say he was drunk and crashed his car.

Gresham police said Sgt. James McMurray, 43, was cited for DUII, reckless driving and two counts of second-degree criminal mischief after he crashed his 2014 Jetta into a fire hydrant, fence and yard near the 3100 block of Southeast 190th Drive at about 10 a.m.

There were no injuries but police said the crash caused about $5,000 in property damage.

Police said McMurray has been cooperating throughout the investigation.

The Portland Police Bureau said McMurray, an 18-veteran, has been placed on paid administrative leave, pending the outcome of the investigation and an internal review.

IMPD officer faces second drunken driving charge

Steph Solis and Jill Disis

An Indianapolis Metropolitan Police Department officer was arrested Friday on preliminary drunken driving charges in Hamilton County.

Fishers police said officer Allen Johnson, 27, was driving his personal vehicle in Hamilton County while intoxicated. He was arrested and taken to Hamilton County Jail.

IMPD officials said Johnson, a 5-year veteran of the department, was off-duty at the time of his arrest. He was suspended without pay pending the outcome of an internal investigation.

Friday's arrest was the second time Johnson has been arrested on drunken driving charges. In November 2012, Johnson was pulled over in a pick-up truck on Keystone Avenue near 71st Street for speeding. According to court documents, Johnson told an officer he had three drinks before getting in his car. Johnson failed field sobriety tests and registered a blood-alcohol content of 0.086 percent, which is above the legal limit to drive.

Court records show Johnson was found guilty in that case of one count of operating a vehicle while intoxicated, and was placed on probation. IMPD spokesman Chris Wilburn said Friday he did not know any details about the outcome of any internal investigation in that case.

"As a department we are very disappointed right now," Lloyd Crowe, IMPD assistant chief, said in a statement after Johnson's second arrest. "We expect our officers to have better decision making skills both on-duty and off-duty. We will continue to ensure our officers have the resources available to address stress-related issues that come with a career in law enforcement, but we will not accept behavior that puts our community at risk."

Since Johnson has not been formally charged, the Hamilton County Prosecutor's office had no other information available Friday afternoon, including Johnson's blood-alcohol content at the time of his arrest. OWI charges are used when a person drives a vehicle while registering a blood-alcohol content of at least 0.08 percent.

It's unclear what Johnson's standing with IMPD will be after his internal investigation. Department policy recommends a suspension for officers who are arrested on OWI charges while driving a personally owned vehicle. A second such offense, however, can be grounds for dismissal.

Johnson is the latest in a string of IMPD officers charged with drunken driving.

On May 18, officer Edward Zehner was pulled over in New Palestine after one of the town's officers saw him driving erratically. Zehner registered a blood-alcohol concentration of 0.16 percent. Sgt. Kendale Adams, an IMPD spokesman, said Zehner served a 30-day suspension and is back on duty.

IMPD officer Bryan Neal, a patrolman on the late shift, was arrested June 6 after police said he was visibly drunk and had a blood-alcohol level nearly three times the legal limit when he arrived at work.

IMPD Capt. Mark Rice was arrested on June 22 by Indianapolis International Airport Police after an officer saw him driving onto the median of an I-465 exit ramp, according to a probable cause affidavit. Court documents said Rice registered a blood-alcohol content of about 0.09.

Kevin Edward Brown, who worked at IMPD for 16 years, quit after he was arrested for the second time on drunken driving charges last week. On July 28, Brown was arrested after he drove through a White Castle drive-through while apparently intoxicated and turned on his emergency lights, according to court documents.

4 Falmouth officers placed on administrative leave

FALMOUTH, Mass. (WHDH) - Three police officers and a supervisor have been suspended in Falmouth after an internal investigation into an incident last month.

In a statement from the department, a spokesperson said the incident occurred on July 4.

The four workers have been placed on administrative leave and will remain relieved of duty until the investigation is complete.

Chief Edward Dunne of the Falmouth Police Department said the investigation is still ongoing and that it's caused a strain on the department.

"It's taken a toll on the police department as a whole. We are in prime of our summer, to have four officers not in department has been a big burden on the rest of the department. its disheartening," Dunne said.

Police are not releasing any details of the incident at this time.

Suspended Hartford Police Officer Faces New Charges

By NICHOLAS RONDINONE

HARTFORD — The city police officer arrested earlier this week for allegedly stealing from Walmart while on a private-duty job is facing new charges, police said.

A new arrest warrant was issued Thursday for Officer Luis Feliciano, 34, charging him with fifth-degree larceny and possession of a shoplifting device, police said. The new charges involve actions taken before those for which he was charged earlier this week, police said.

Feliciano was charged on Tuesday fifth-degree larceny and possession of a shoplifting device in the Walmart case. According to that warrant, Feliciano, while working at the Flatbush Avenue store, was stealing items by concealing them in the boxes of other merchandise.

Feliciano was suspended with pay on July 28 as the Hartford Police Department's Internal Affairs Division investigated the incident, police said. He was suspended without pay after turning himself in on Tuesday on the first arrest warrant.

Former police officer faces several charges

By: Staff Writer

Brandon police arrested a 60-year-old former RM of Whitehead police officer and charged him with several firearm offences relating to a January incident.

Doug Gormley has been charged with careless storage of a firearm, careless storage of ammunition, not reporting loss of firearm within reasonable despatch, false statement regarding a firearm and public mischief.

The charges stem from an incident where Gormley’s personal revolver was stolen after a police truck that was stolen sometime overnight between Jan. 11 and 12.

Gormley previously told the Brandon Sun, he had a .22-calibre revolver locked up in a case that was inside a police truck.

He was a member of the Whitehead police when the incident occurred.

The revolver, Gormley said, was his personal gun and not an official police firearm, albeit one that he said he used for occasional police-related duties that called for lesser amounts of firepower, like putting down injured animals that had been hit on the highways.

The stolen truck was quickly found abandoned, but the gun was only recovered several weeks later, after it was used in a bizarre accidental shooting that sent a woman to hospital with a bullet lodged in her buttocks. The gun had apparently discharged accidentally and fired through a wall before hitting the woman.

That incident resulted in another man getting jail time.

Whitehead Coun. Greg Rabe said Gormley retired from the local police service earlier this year.

Gormley will appear in court on Oct. 2.

Another reason we need national IQ standards for cops..they take federal money we can force local police departments to do it

Off-duty New York cop accidentally shoots self, 3-year-old son

8/08/14 | by Jennifer Cruz

An off-duty Metropolitan Transit Authority officer unintentionally fired his duty weapon Tuesday night in his Smithtown, New York home, striking himself and his 3-year-old son.

According to the local ABC affiliate, the Suffolk County Police received a 911 call around 7 p.m. Apparently, the officer, identified as Jon Gigantiello, was unloading his gun when it accidentally discharged, firing a single shot.

Gigantiello received a graze wound on his hand, however, there are conflicting reports about where on his body the toddler was struck. One source said it was in the stomach, another reports it was his arm and at least one claims it was both. However, authorities did confirm that only a single shot was fired.

The little boy was taken to a local hospital where he underwent surgery to have the bullet removed. He was last reported to be in stable condition and is expected to survive. The boy’s father is also expected to make a full recovery.

Neighbors told reporters that they didn’t hear the gunshot, and several also said that the Gigantiello family is very close. They can often be seen playing in the front yard and the father and his son are said to be inseparable.

Gigantiello, an 11-year veteran in law enforcement with a clean disciplinary record, joined the MTA Police Department’s K-9 Unit in 2007. Gigantiello’s first police dog was named “Sarge,” after Sgt. James McNaughton, a police officer who was killed in Baghdad while serving in the U.S. Army. The dog retired and has since died.

It is unknown if Gigantiello will face any charges for the incident.

“At this time, the case is in the hands of the Suffolk County Police and the Suffolk County District Attorney,” MTA spokesperson Salvatore Arena told Gothamist in a statement. “Once Suffolk authorities have completed their investigation, the Internal Affair Bureau of the MTA Police Department will proceed with its inquiry as an administrative matter.”

Man cleared of drug charges accusing police of wrongful arrest, conspiracy

By Ashlee Rezin

A Chinese man once accused of drug possession claims he was the subject of a conspiracy and is suing four Chicago Police officers after charges against him were dropped.

Jun Guang Xie, who owns a business in the 2400 block of South Archer Avenue, filed the false arrest lawsuit in federal court Thursday, alleging Chicago Police violated the Civil Rights Act and denied him his constitutional rights.

On Jan. 21, 2013, Xie — who is unable to read, write or speak English — was told by his receptionist that a delivery truck was at his business with a package to be delivered to a Tom Lee, which had to be off loaded with a forklift, according to the lawsuit. The receptionist said she could not reach Lee.

Xie drove his forklift out of his business and was approached by two undercover police officers posing as delivery men, the suit claims.

After one of the officers handed Xie a piece of paper, which Xie signed, the officers drew their guns and “violently pulled [Xie] off the forklift,” threw him to the ground and took him into custody, the suit alleges.

Xie claims in the suit that he did not resist the arrest.

Xie was charged with possession of cannabis, “in the complete absence of any basis upon which to believe that he knew what was contained in the box which was addressed to and intended for delivery to Tom Lee,” according to the suit.

In August 2013, one of the officers submitted a report that claimed Xie told the arresting officers he had been paid to receive packages for Lee, the suit claims.

But the statement was false, the suit alleges, because Xie speaks no English and the officers did not speak Chinese.

During a hearing in April 2014, one of the officers testified he spoke with Xie during the arrest, but an official interpreter testified that he could not understand anything the officer was purporting to say in Chinese, the suit alleges.

A Cook County Circuit Court judge subsequently dismissed the charges, finding that police did not have probable cause to arrest Xie, according to the suit.

The suit claims the officers’ actions amount to a conspiracy, alleging they falsified police reports, initiated false criminal complaints and committed perjury in criminal proceedings.

The six-count lawsuit also claims false arrest, malicious prosecution, excessive force, intentional infliction of emotional distress and deprivation of Civil Rights. Xie is seeking an unspecified amount in damages.

The city has not yet been served with the suit, said city Department of Law spokesman John Holden, who declined to comment on it Friday evening.

Former Taos Police Dept. officer charged with rape

Andrew Oxford 

A former Taos Police Department officer who left the agency after one year on the job amid numerous allegations of misconduct was arrested Thursday (Aug. 7) on charges of raping a 19-year-old woman detained at a police station in Jemez Springs.

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Cliffside Park cop charged with punching fellow officer, Bergen County prosecutor says

BY LINH TAT

CLIFFSIDE PARK   A police sergeant and 14-year veteran of the borough Police Department has been charged with aggravated assault for punching a fellow officer in the jaw, the Bergen County Prosecutor’s Office announced Friday.

Sgt. Michael Giampietro, 37, of River Edge, walked up from behind while the officer was talking to a third party and struck him, Bergen County Prosecutor John Molinelli said. Both officers were off duty during the March 28 incident, which took place outside a River Edge residence, the prosecutor said.

Molinelli declined to discuss the circumstances that led up to the altercation but said there was no specific issue between the parties. Authorities would not release the name of the other officer because he is the victim.

Giampietro, who was issued a summons by the Prosecutor’s Office on Thursday, referred questions to his attorney when reached by phone. His attorney, Bob Galantucci, was not available for comment.

Assigned to the Cliffside Park Police Department’s detective bureau, Giampietro was promoted to sergeant in February 2013 and earns an annual salary of $124,211, according to borough spokesman Bill Maer. He has no prior disciplinary record, the spokesman said.

Giampietro has not been suspended, said Maer, adding that the department is following the state Attorney General’s guidelines for handling matters such as this.

“His employment status has not changed,” Maer said. “He is still subject to departmental review and potential charges from the department.”

The Cliffside Park Police Department is working closely with the Prosecutor’s Office, Maer added.

Giampietro is scheduled to be arraigned Thursday. He faces a single count of aggravated assault, which is a third-degree crime.

“Even though he’s a police officer he’s held to the same standards as everyone else,” Molinelli said.

Connecticut officer charged with rights violation

By John Christoffersen

NEW HAVEN — A Bridgeport police officer has been charged with violating a man’s civil rights by using unreasonable force during an arrest captured on video, prosecutors said Friday.

A grand jury indicted Clive Higgins, 48, the US attorney’s office said. Higgins pleaded not guilty Friday in New Haven federal court and was released on $50,000 bond.

His lawyer, federal public defender Paul Thomas, declined to comment beyond his client’s plea.

The video showed police officers kicking and stomping Orlando Lopez-Soto after he was shot with a stun gun and fell to the ground in Beardsley Park in 2011 following a car chase. It is unclear who recorded the video, which was posted online.

Prosecutors said that after another officer deployed his stun gun, Higgins approached the man, who was lying prone on the ground, and kicked him in the head and neck.

Higgins, a Bridgeport police officer since 2002, faces up to 10 years in prison if convicted. He was placed on unpaid suspension Friday, a police spokesman said.

The other two officers, Elson Morales and Joseph Lawlor, pleaded guilty in June to deprivation of rights under color of law. Morales and Lawlor agreed to resign and each face up to a year in prison when they are sentenced Sept. 2.

Prosecutors said Morales used his stun gun a second time after Lopez-Soto was effectively incapacitated and Lawlor kicked him several times.

The city recently settled the case by agreeing to pay $198,000 to Lopez-Soto.

The victim said in his lawsuit that he was motionless on the ground and not resisting when the officers kicked and stomped him. He said he suffered pain, a cut to his lip that left a scar, body and face bruises and a fracture to his hand.

Lawlor wrote in a police report that Lopez-Soto struggled with officers after falling to the ground when Morales zapped him with a stun gun. Lawlor said Lopez-Soto was wearing a gun holster on his belt, and officers later found a loaded handgun and drugs in his van.

All three officers seen in the video, which surfaced in 2013, were placed on paid administrative duty pending a police internal affairs investigation. NAACP leaders at the time called on police officials to arrest and fire the officers.

Lopez-Soto pleaded guilty to drug and gun charges in July 2012 and was sentenced to five years in prison.

Ex-police chief accused of rape faced misconduct allegations in Taos

By Andrew Oxford

A former Taos Police Department officer who left the agency after one year on the job amid numerous allegations of misconduct was arrested Thursday on charges of raping a 19-year-old woman detained at a police station in Jemez Springs.

A spokesperson for the New Mexico State Police confirmed Shane Harger, 40, who most recently served as police chief in Jemez Springs, was taken into custody at his Edgewood home. A warrant for his arrest was filed with the 13th Judicial District Court on Thursday after he was indicted by a Sandoval County grand jury on charges of criminal sexual penetration, criminal sexual contact, kidnapping and extortion.

Harger left the Taos Police Department in 2005 while at the center of several lawsuits alleging he assaulted, battered or falsely imprisoned suspects during his one year on the job.

Federal court records indicate he was named as a defendant in two lawsuits during 2005. During 2004, he was named as a defendant in two lawsuits filed with state courts.

One federal lawsuit, which was settled by the town of Taos, alleged Harger pepper-sprayed a restrained suspect and later arrested the man’s mother, purportedly as an act of revenge.

The lawsuit, which also named former chief Neil Curran as a defendant, raised concerns about Harger’s record as a law enforcement officer.

Harger’s behavior at the Taos Police Department prompted a series of complaints and tort claims, the lawsuit said, and purportedly spurred one captain to resign.

Harger’s subsequent departure from the Taos Police Department was “not retirement,” according to municipal officials.

The officer later worked at the Milan Police Department before serving as chief of police in Jemez Springs.

Harger surrendered his commission in Jemez Springs earlier this year when it emerged he carried an identification card under another name, Braxton Haze.

Lyons cop gets 5 years for extortion

By Rosemary Regina Sobol, Jason Meisner

A former suburban police officer assigned to a federal task force probing contraband cigarette sales in the Chicago area was sentenced to 5 years in federal prison today for robbing targets of his investigations of thousands of dollars and falsifying reports to cover it up.

Jimmy J. Rodgers, 44, a onetime Lyons police officer, pleaded guilty in May to extortion and was sentenced today by U.S. District Judge Thomas Durkin.

worked on a Food and Drug Administration task force investigating the sale of contraband cigarettes that do not have state or county tax stamps and are often sold under the counter at convenience stores.

In his task force work, Rodgers set up busts using a confidential source who would arrange sales of the illegal smokes to store owners and other buyers, according to the charges. As payment, Rodgers let the informant keep some of the cash he received from the targets, then pocketed the rest for himself without documenting in a police report any of the money that was seized, the charges alleged.

After tipping off the FBI, the informant began to secretly record conversations with Rodgers and the potential targets, including the July 2013 sale of 300 cartons of illegal Newport cigarettes to a Chicago store owner for $11,280. After that transaction, Rodgers gave $3,280 of the proceeds to the source, but in his report he wrote that only cigarettes were seized. Lyons police had no record of the other $8,000 being turned in, the charges alleged.

At a meeting a few days later, Rodgers told the informant he "had an Oh (expletive)! moment" after learning that an FBI supervisor had called one of his superiors in Lyons and asked generally about how the department paid informants, according to the complaint. In later conversations, Rodgers coached the source on what to say if authorities began snooping around.

"If someone asks you about it, you just say we got cigarettes, there was no money," a criminal complaint quoted Rodgers as saying during one recorded meeting.

In asking for a sentence of 6 ½ years, prosecutors wrote in a filing last month that Rodgers’ actions should “shock the conscience.”

“Rodgers is a crooked cop,” the filing stated. “Despite decades of prosecutions of corrupt police officers in our district, we are still faced with this recurring problem – one that, once again, required the work of the FBI to flush out through undercover recordings.”

In handing down the 5-year term today, Durkin noted that the temptation for police officers to extort criminals is great, and “people need to know they will go to jail” for doing it.

“The sentence here should serve as a reminder that the penalty for shaking people down is not a slap on the wrist,” Durkin said.

Officer charged with accessory to murder posts bond

Officer charged with accessory to murder posts bond Gary Clement KOBI-TV 

(KJRH) One of two Tulsa, Oklahoma police officers facing charges following the murder of their daughter's boyfriend has bonded out of jail.Gina Kepler posted a $25,000 bond on Thursday.Shannon Kepler remains inside the Tulsa County Jail, within the confines of an isolation cell for his own safety.Gina Kepler, charged with accessory to murder after the fact, did not say much about the shooting death of the Kepler's daughter's boyfriend, only repeating, "no comment" and "please respect my privacy."The veteran police officer's history with the department was unveiled as her disciplinary records were released following the death of Jeremey Lake Tuesday night.

Troy Police officer resigns after internal investigation

By Molly Eadie

TROY  Officer Michael Johnson has resigned after an internal investigation into his off-duty actions, while two of his colleagues have been suspended without pay for unrelated incidents, officals confirmed.

Officers Sean McMahon and Dominick Comitale were both suspended this week, months after two separate internal investigations concluded, officials say.

Johnson was suspended for 30 days without pay in March after accompanying a woman who was allegedly buying heroin in Hudson, according to sources with knowledge of the investigation. The woman was arrested, but Johnson did not face any charges.

Officials say Johnson’s last day was Friday.

Comitale’s actions were investigated after he was said to have videotaped a female patient at Samaritan Hospital who was under the influence of hallucinogenics, a violation of department protocol.

He had previously been investigated by the department for mishandling an incident with a former Hudson Valley Community College student and football player.

While assisting another officer in arresting the student for jaywalking, Comitale took the student’s cell phone after a scuffle while attempting to place him in handcuffs, and placed the phone in his patrol car.

He later informed then-Police Benevolent Association President Bob Fitzgerald that he’d lost the phone, and needed money to pay the student back before he left the area for his out-of-state hometown. Fitzgerald previously said he gave Comitale more than $800 in cash to reimburse the student and was later paid back by Comitale.

The investigation into McMahon concerned charges of excessive force used on Lawrence Nesmith, 48, of Troy. Nesmith was reportedly injured and bloodied after handcuffs were placed on him in the department’s holding cells, and the incident was recorded on the department’s cameras.