Weasels
Indiana officer suspended 8 days for deleting phone messages
Police chief gets 7 years in prison for accepting bribes
Indiana
officer suspended 8 days for deleting phone messages
ANDERSON, Ind.-- A central
Indiana police officer has been suspended without pay for eight days for
deleting telephone messages seeking
police assistance.
The Herald Bulletin reports the
Anderson Safety Board voted unanimously Thursday to suspend Officer Nathan Smith for three violations of general
orders.
Board attorney William Byer Jr.
says Smith has 10 days to request a hearing or accept his suspension.
City documents show Smith was a
desk officer at the city police headquarters. Chief Larry Crenshaw says Smith
failed to complete necessary police reports, "purposely deleted"
phone recordings requesting police
assistance and left his assigned post without supervisory approval.
Byer says once the department
realized there was a problem, staffers went over every call that had been
missed. He says there should be no liability concerns for the city.
Police
chief gets 7 years in prison for accepting bribes
By Torsten Ove / Pittsburgh
Post-Gazette
The self-proclaimed “best cop
money can buy” is headed to federal prison for seven years and three months for
accepting bribes to protect drug dealers as chief of police in his tiny borough
of East Washington.
U.S. District Judge Joy Flowers
Conti imposed that term this week on Donald Solomon, 58, who pleaded guilty
last year to taking $7,800 to provide protection and Tasers for men he thought
were drug dealers transporting cocaine through his town.
But the dealers were undercover
FBI agents.
He was originally sentenced to
135 months, but a federal appellate court ruled in September that the judge
improperly applied an increase to his term for abusing a position of trust and
ordered another sentence.
The new range was 87 to 108
months.
Solomon asked for less than the
minimum because he said he has been a model prisoner in Louisiana and has found
God. Prior to sentencing, he submitted numerous letters written on his behalf
and cited his efforts to rehabilitate himself behind bars.
But prosecutors said he didn’t
deserve a break because his deeds as a corrupt cop, some of them detailed in
video surveillance, outweigh anything he has done since he went to prison.
Assistant U.S. Attorney Robert
Cessar said Solomon “eagerly and actively” marketed himself as a protector of
drug dealers in his community, even providing them a police escort as they left
town after making deals. Asked after one transaction if he wanted to continue
providing protection, he said “Hell yeah.”
He also had an acquaintance
shoot up the car of a rival and tried to hire a hitman to kill a borough
councilman he thought needed to “go feed the [expletive] fish.”
As police chief, Mr. Cessar
said in court filings, Solomon was supposed to protect his community.
“Instead,” he said, “he sold
his badge to protect drug dealers and was willing to pollute his community with
significant amounts of cocaine.”
The judge denied Solomon’s
request for more leniency than sentencing guidelines recommend but imposed the
minimum because of his attempts to better himself.
In addition to letters about
his reform, Solomon had written a letter to the judge in which he apologized to
her, the FBI, the U.S. attorney’s office and his fellow officers.
He had blamed many of his
problems on a 2011 divorce from his wife that left him despondent, and by the
fact he was not allowed to take a second job to supplement his pay as police
chief.
"Black Dynamite" Airs Hour-Long Musical About Police Brutality Starring Tyler, the Creator and Erykah Badu
Watch the hour-long animated
feature "The Wizard of Watts"
ByEvan Minsker
As previously reported, the
season finale of Adult Swim's animated show "Black Dynamite" was an
hour-long musical feature called "The Wizard of Watts". It featured
the voices of Erykah Badu and Tyler, the Creator, and it addressed police
brutality. If you've got a cable/satellite subscription, you can watch it here.
In the episode (some mild
spoilers below), Black Dynamite announces that he's on "staycation,"
which prompts white police officers to wreak havoc on his community. When riots
break out in the streets (spurred by police beating Little Orphan Rodney King),
Black Dynamite is hit in the head with a brick.
He then hallucinates that he's
in Ozwatts, where his black poodle Broto starts talking (Tyler). The Fairy
Godfather (of Soul) James Brown then appears, informing Black Dynamite that
he's in "the black version of The Wiz". If you've seen The Wiz or The
Wizard of Oz, you've got a good idea of the plot here—just replace the Wicked
Witch of the West with "the Wicked Bitch of the West Side" (a
pig-nosed cop accompanied by cronies equipped with SWAT gear).
Cameras: The kryptonite of cops everywhere
Dashcam
video gets SPD officer suspended for 15 days
Man
arrested after refusing to give camera to police at crash scene
Woman
Charged With Wiretapping After Filming Massachusetts Cop
Dashcam
video gets SPD officer suspended for 15 days
Elisa Hahn reports
Seattle Police released the
dashcam video from an incident in October of 2013 that resulted in an officer’s
15-day suspension.(Photo: SPD)
Seattle Police on Monday
released the dashcam video from an incident in October of 2013 that resulted in
an officer's 15-day suspension.
In the video, you can see she
is chasing the suspect, and it's the language she uses that gets her in
trouble.
"You're gonna get your ass
shot boy," she says.
Sources confirm the officer's
name is Jennifer Hunt
According to the office of
police accountability, what was at issue was her racially insensitive comments
and dangerous driving.
The investigation into the
officer's conduct did not come from a complaint, but from a supervisor who
flagged it and referred it to the chain of command.
Former chief Harry Bailey
imposed the 15 day suspension.
Man
arrested after refusing to give camera to police at crash scene
A New Jersey man who claims to
be an independent journalist films as a police officer demands his video
camera. It doesn't end well.
by Chris Matyszczyk
Andrew Flinchbaugh, arrested
for refusing to hand over his video camera. NBC10 screenshot by Chris
Matyszczyk/CNET
"This is not a
negotiation. Do I sound like I'm negotiating with you?"
When you hear those words
spoken by a police officer, their intention seems unmistakable. They mean:
"Do what I tell you or I'll arrest you."
This, indeed, is what happened
when 23-year-old Andrew Flinchbaugh filmed the aftermath of a single-vehicle
accident in Ocean County, N.J.
Flinchbaugh, who has
contributed in the past to a local news Web site, claims he was given
permission to film by those first on the scene. However, one police officer
seems to have taken exception to Flinchbaugh's presence.
Flinchbaugh posted a 10-minute
video of the events to YouTube and the footage appears to show him cooperating,
while refusing the police's principal request: to give them his camera as
"evidence."
As NBC 10 reports, the police
officer in question was a detective from the Ocean County prosecutor's office.
Though Flinchbaugh offered to give him a copy of the video, for reasons that
are still unclear, the detective wanted the camera.
He believed it was his legal
right to take the camera. When Flinchbaugh refused to give hand it over, the
detective arrested him for allegedly obstructing administration of law.
"I refused because I
believe that that's our First Amendment right," Flinchbaugh told NBC 10.
When the officer threatened him
with arrest, the video shows that Flinchbaugh calmly said: "Then you're
going to have to place me under arrest."
To this, the detective replied:
"Don't push me like that."
It's unclear why the detective
was so concerned about Flinchbaugh's camera. He certainly isn't, though, the first
to be suspicious of a member of the public filming. One San Diego police
officer described a Samsung Galaxy as "a weapon."
In some cases such as this, the
authorities immediately defend the behavior of the officer. In this case,
however, it is different.
Flinchbaugh and his camera were
released. Moreover, Ocean County prosecutor Joseph Coronato told NBC 10:
"It would be my opinion that we'll probably be dismissing the
charge."
He added: "We never would
have looked at the video without getting a search warrant and, based on our
information, we didn't have the legal right to get the search warrant at that
point."
There may be a personal element
to this case, as the individual involved in the accident was reportedly another
detective in the prosecutor's office.
I have contacted the Ocean
County prosecutor's office to ask why the detective believed he had the right
to seize the camera and will update, should I hear.
It isn't the case that most
police officers behave with excessive hubris. However, gadgets have become one
of the centerpieces of today's policing. Just as citizens film the police in
action, so various forces are now experimenting with body cams.
Indeed, Salt Lake City police
this weekend revealed body cam footage of an incident that ended with a police
officer shooting dead a man who had allegedly been reported to the police as
suspicious.
As KUTV reports, the police
believe the footage "speaks for itself." In Flinchbaugh's case, that
also appears to be true.
When it comes to filming the
police in action, the Supreme Court is clear that, as long as you're not
obstructing the police in performing their duties, you can film.
When every member of the public
is in possession of a camera, there is a greater probability of information
emerging instantly. That may be what some police officers fear the most.
Woman
Charged With Wiretapping After Filming Massachusetts Cop
By Michael Allen, Sun, January
11, 2015
Pamela Petrino was arrested
last Tuesday night after filming a police officer with her cellphone in
Braintree, Massachusetts.
According to The Patriot
Ledger, Petrino was charged with unlawful wiretapping for filming the officer.
She was also charged with disorderly conduct and illegal possession of
prescription drugs. Petrino pleaded not guilty to the charges.
Officer Blake Holt noted in his
police report that he recognized Petrino from an earlier incident while he was
outside a Victoria’s Secret store with a suspect in a local mall.
Petrino allegedly accused
Officer Holt of inappropriately touching her daughter during the prior
incident, which happened on Dec. 30, 2014.
Officer Holt claims that while
he was walking away with the suspect, Petrino was holding her cellphone and
recording their conversation.
Officer Holt believed that
action violated the mall's rules and a state law.
However, in 2011, the U.S.
Court of Appeals for the First Circuit ruled in favor of a man who was charged
with unlawful wiretapping for recording Boston police with his cell phone.
The court ruled that "the
filming of government officials engaged in their duties in a public place,
including police officers performing their responsibilities, fits comfortably
within these (First Amendment) principles..," noted Cnet.
The epidemic of mentally unstable cops continues and the federal government does nothing to stop it
Judge
upholds lower court ruling; case against officer charged with assault will
proceed
By Danielle Salisbury
OFFICER CHARGED WITH ASSAULT
• Circuit judge reviewing lower court ruling in case of
public safety officer charged with felonious assault
• Blackman-Leoni officer accused of felonious assault
pointed gun at floor while giving fellow officer 'eerie stare', testimony
reveals
• Blackman-Leoni public safety officer charged with
felonious assault against co-worker
JACKSON, MI – Officer Brent
Doxtader's behavior the day he allegedly assaulted a co-worker was
"unusual, even manic," Jackson County Circuit Judge Thomas Wilson
wrote in a decision issued Friday, Jan. 16.
Wilson found District Judge R.
Darryl Mazur did not abuse his discretion by ruling there was probable cause to
believe Doxtader, a Blackman-Leoni Township public safety officer, committed
felonious assault when, behaving strangely, he unholstered his duty weapon Jan.
19, 2014, and stared at Detective David Lubahn.
The lower court's ruling,
spoken at a September preliminary examination, was "not violative of fact
or logic," states Wilson's opinion, written in response to a motion by
Doxtader's attorney, Michael Vincent, to overrule Mazur's finding.
Had Wilson granted the motion,
the charge, absent a successful appeal, would have been dismissed.
A special prosecutor, assigned
at Jackson County Prosecutor Jerry Jarzynka's request, charged Doxtader in July
with felonious assault, punishable by a maximum prison term of four years.
About 1:50 a.m., Doxtader
entered the living quarters at the Leoni Township fire station on Fifth Street,
approached Detective Robert Shrock, shook his hand and patted Shrock on the
shoulder, according to the opinion. He then "bear-hugged" Lubahn,
knocking off Lubahn's glasses.
Doxtader stepped back about 6
feet, unholstered his gun and pointed it at the ground. After staring at Lubahn
for several silent moments, Doxtader announced he was there to "f---
something up."
At Lubahn's nervous suggestion,
the men walked to the department fire truck, and when they returned to the
living quarters, Doxtader "continued to act rambunctiously," punching
one of the walls and reiterating his desire to "f--- something up,"
the opinion states.
Wilson acknowledged a video of
the incident shows Doxtader in an "excited, happy mood," but his
actions taken as a whole are sufficient to demonstrate he attempted to
"commit a battery" or caused a reasonable person to "fear or
apprehend an immediate battery."
"His behavior was unusual,
even manic, and all of it took place while (Doxtader) had his own gun out and
was standing next to Detective Lubahn's unholstered gun," the decision
states.
During a December hearing, Vincent
contended Doxtader was acting "weird," but was neither homicidal nor
suicidal. His actions were, at most, a violation of department rules, the
attorney said.
Washtenaw County Assistant
Prosecutor Brenda Taylor said Lubahn made the only reasonable conclusion, that
his life was in danger.
A jury should be allowed to
decide his guilt or innocence, she said, and Wilson's decision assures it
could.
In the meantime, Doxtader
remains a department employee. He is suspended without pay pending the outcome
of the criminal case, Deputy Director Jon Johnston earlier
NYPD Ignored Civilian Oversight Board in Choke Hold Cases, Report Finds
BY TAYLOR WOFFORD
In the report, Eure added that
his office plans to launch another review to determine whether such behavior is
indicative of a broader trend, and whether it has continued under Police Commissioner
Bill Bratton.
Updated | A new report released
Monday by New York City’s police inspector general found the New York Police
Department frequently ignored the advice of its civilian oversight board to
bring disciplinary action against officers found to have put suspects in choke
holds.
Choke holds have been
prohibited by the NYPD Patrol Guide since 1994, which defines them as “any
pressure to the throat or windpipe, which may prevent or hinder breathing or
reduce intake of air.” The use of choke holds by police has been in the
spotlight since the July death of Eric Garner, who was stopped by police for
selling loose cigarettes and died after being placed in an apparent choke hold.
The incident was captured on camera and became a flashpoint for a series of
protests on the use of police force.
As first reported by The New
York Times, the inspector general reviewed 10 cases in which the Civilian
Complaint Review Board (CCRB), an independent government agency tasked with
investigating misconduct by NYPD officers, recommended disciplinary action
against officers it found to have put suspects in choke holds between 2009 and
2014. In six of those cases, then-Police Commissioner Ray Kelly reportedly
ignored the board’s recommendation, opting instead for lighter punishment, and,
in one case, no punishment at all.
“NYPD largely rejected CCRB’s findings and
recommendations and, thus, mooted CCRB’s role in the process,” the report says.
“In fact, there was no indication from the records reviewed that NYPD seriously
contemplated CCRB’s disciplinary recommendations or that CCRB’s input added any
value to the disciplinary process,” it continues. “Yet in none of these cases
did the police commissioner provide any explanation for these disciplinary
decisions.”
“These are pretty serious
cases. Obviously, we are going to be looking at a broader sample of cases to
see if it’s more systemic,” the inspector general, Philip K. Eure, told the
Times. “But people should be troubled by the disconnect that we determined
exists already in the disciplinary process.”
In the report, Eure added that
his office plans to launch another review to determine whether such behavior is
indicative of a broader trend, and whether it has continued under Police
Commissioner Bill Bratton.
The 45-page report also found
that, in a number of cases where officers were found to have used choke holds,
the officers quickly resorted to placing suspects in the hold when they met
verbal resistance.
In a cover letter addressed to
New York City Mayor Bill de Blasio, City Council Speaker Melissa Mark-Viverito
and Bratton, Eure wrote the improper use of force and management of discipline
for NYPD officers is one of four areas his office plans to review. The other
three are patterns of low-level arrests and summonses, surveillance of
religious and political groups, and police encounters with people involving
mental illness.
The inspector general delayed
the release of the report after two officers were shot and killed in Brooklyn
last month, it said. The NYPD has not yet commented on the report, and declined
a request for by Newsweek for comment.
At some point, America, we’ll need to require minimum IQ standards for cops and here’s why;
Police
Officer Charged With DWI After Shooting Friend In Leg
Cop
accidentally shoots himself in leg on South Side
Delaware
officer accidentally shoots self
Glasgow
officer sues gun store after accidentally shooting off finger
Nassau
police recruit accidentally shoots himself in leg during training, officials
say
Off-duty
officer accidentally shoots roommate
Police
Officer Charged With DWI After Shooting Friend In Leg
Jesse Urban reported that his
gun accidentally discharged, Ocean County Prosecutor's Office says.
By Patricia A. Miller (Patch
Staff)January 16, 2015 at 7:27pm
A police officer was charged
with driving under the influence after he shot and wounded a friend in the leg
early Friday in Lacey Township, Ocean County Prosecutor Joseph D. Coronato
said.
The incident happened shortly
before 6 a.m. on Friday, when Pine Beach Police Officer Jesse Urban made a 911 call
to report the his 23-year-old friend had been accidentally shot in the leg,
Coronato said.
Lacey Township police responded
to the parking lot of the 7-11 on Main Street and found the victim - who is
from Forked River - with a gunshot wound to the leg. The victim was taken to
Jersey Shore University Medical Center in Neptune, Coronato said.
Pine Beach Police Chief Reese
Fisher has suspended the officer without pay after he called 911 to report his
gun accidentally discharged.
The exact circumstances surrounding
the shooting are under investigation. Urban, 23, was charged with driving under
the influence, the prosecutor said.
“Evidence of alcohol
involvement and the alleged operation of a motor vehicle have brought a charge
of driving under the influence against Urban,” Coronato said.
The victim suffered non-life
threatening injuries and is reportedly undergoing surgery at Jersey Shore, he
said.
Fisher suspended Urban without
pay pending the results of the investigation. The investigation is being
conducted by the Ocean County Prosecutors Office, in conjunction with the Pine
Beach and Lacey Township police departments.
Cop
accidentally shoots himself in leg on South Side
By Deanese Williams-Harris
A Chicago police officer accidentally shot
himself in the leg Friday evening during an investigation in the city's
Englewood neighborhood, police said.Preliminary information indicated that at
about 6:30 p.m., the officer was conducting a field investigation on the 5700
block of South Peoria Street when he accidentally discharged his weapon, said
Police News Affairs Officer Thomas Sweeney. The officer, who suffered a leg
wound, was taken to Advocate Christ Medical Center in Oak Lawn where he was
listed in good condition, said Sweeney. No other details were available.
Delaware
officer accidentally shoots self
NEW CASTLE, Del. (WPVI) --
A New Castle County police
officer is recovering after he accidentally shot himself on the job Wednesday
morning.
It happened during a raid on a
house in the unit block of Freedom Court just after 11:30.
Police say the officer wasn't
seriously hurt.
They have yet to provide any
information on why they were raiding the house in the first place.
We do know, however, that
several people were taken into custody.
Glasgow
officer sues gun store after accidentally shooting off finger
By: WKYT NEWS STAFF
GLASGOW, Ky. (WBKO) - A former
Glasgow police officer who accidentally shot off his finger has filed a lawsuit
against the gun store, saying an employee handed him the gun without checking
to see if it was loaded.
According to a report from
WBKO, an affiliate of WKYT, a civil lawsuit was filed Friday by former Glasgow
police officer Darrell Smith.
In March, Smith went into
Barren Outdoors and asked to see a .380 caliber handgun, which was under the
counter. Smith, who was examining the gun, cocked it and apparently did not
know the gun was loaded. The gun fired, shooting off part of his index finger,
the WBKO report says.
The lawsuit says the Barren
Outdoors employee did not do a safety check on the gun before handing it to
Smith.
Smith's attorney, Alan Simpson,
said Smith lost his job with the police department after the incident; the
lawsuit was filed to make up for his lost income.
"He's permanently
disfigured,” Simpson told WBKO. “He went through a lot of pain and suffering.
He's gone through several surgeries. He's got a lot of medical bills that have
to be paid. It ended his career and he's going to have a lot of lost
income."
Officials with Barren Outdoors
declined WBKO’s requests for comment.
Nassau
police recruit accidentally shoots himself in leg during training, officials
say
A Nassau County Police
Department recruit accidentally shot himself, "piercing" his thigh
and calf during a training session at the county-owned shooting range in
Uniondale, police said. A Nassau County
Police Department recruit accidentally shot himself Wednesday, "piercing"
his thigh and calf during a training session at the county-owned shooting range
in Uniondale, police said. The police recruit, whose name and age were withheld
by the department, was attending firearms training at the Nassau County Rifle
& Pistol Range
Off-duty
officer accidentally shoots roommate
BRANDON, Miss. —A Madison
police officer is on leave while an investigation into a shooting is underway.
Police said Officer Zachery
Creel, who was off-duty at the time, accidentally shot his roommate Hunter
Flynt last week at a home off McLaurin Road in Brandon.
Investigators said Creel told
them he was showing Flynt his new gun when it went off.
Madison police officials said
Creel is on paid administrative leave.
Flynt was last listed in fair
condition at the University of Mississippi Medical Center.
Man
accidentally shot by Toledo police officer
Rookie on restricted duty after
incident in Sylvania Thursday
BLADE STAFF
A rookie Toledo police officer
is on restricted duty after accidentally shooting a friend.
The officer, Michael
Ellerbrock, 25, is now working in records, said Toledo police Chief George
Kral. He did not comment further, citing the department's contract and a
pending Internal Affairs investigation.
Wounded in the shooting was
Steven Kurtz, 23, of Pemberville. He was shot when the officer was cleaning a 9
mm Sig Sauer pistol when the gun fired at about 11:20 p.m. Thursday in the 5300
block of Silvertown Drive in Sylvania, according to Sylvania police. The
officer and Mr. Kurtz are friends, police said.
Mr. Kurtz was shot in his
“upper chest area,” said Sylvania police Chief William Rhodus. The victim was
taken to ProMedica Toledo Hospital for treatment; on Monday, Mr. Krutz was
listed in fair condition, a hospital spokesman said.
Sylvania police did not file
charges and consider the case closed because investigators ruled the shooting
was accidental, Chief Rhodus said.
Sylvania officers who responded
to the scene were notified that Officer Ellerbrock was employed by the Toledo
Police Department. Officer Ellerbrock graduated from the police academy in
April.
Cops shoot dogs because they can get away with it, it’s that simple, they’re easy prey.
City
denies family’s claim for vet bills after police shoot dog
Midlothian Police Chief Apologizes for Threatening to Kill Police Dog
Tuckerton officer faces additional charges in dog attack
Portland to pay $47,500 to settle battery lawsuit filed by man bit by police dog
City
denies family’s claim for vet bills after police shoot dog
A Kalihi family whose dog was
shot by a Honolulu police officer has been denied a claim asking the city to
pay the dog’s vet bills.
Three officers were at the
Butac family home responding to a call when their dog, Bruce, lunged at an
officer, who then fired a shot at the dog’s chest.
The family was not allowed to
take Bruce to the vet for an hour because officers said they had to finish the
investigation. The family filed a claim with the city to pay the vet bills of
$1600. But the city denied it saying HPD did nothing improper.
“Why did they make us wait for
so long in order to get immediate medical attention I mean that in itself to me
is improper if anything to me it’s inhumane.,” said dog owner Kristen Butac.
“It seemed a little drastic
firing a gun?” KHON2 asked.
“Yeah it did seem a little
drastic to me,” Butac said.
The family says the officer
could have used a baton or a Taser to keep the dog from attacking.
Midlothian
Police Chief Apologizes for Threatening to Kill Police Dog
Police Chief Harold Kaufman was
recorded saying he might have to shoot and kill the dog, Biko, after the former
K-9 officer quit his job
A suburban Chicago police chief
has apologized for making a comment about shooting and killing the department's
police dog, Biko.
Harold Kaufman, the Midlothian
police chief, was recorded talking to an Oak Forest police dispatcher and
saying, "Our K-9 officer just came in and quit on me, so now I'm going to
be stuck with either going and shooting the dog and killing it or finding
somewhere to put it."
Kaufman said that because Biko
is an active police dog, he must be placed with a proper handler and cannot
simply be taken in as a pet.
After the recording went
public, Kaufman apologized at the Midlothian village board meeting Wednesday
night. Kaufman's apology was recorded by a Midlothian resident, who posted the
video to YouTube. Midlothian Clerk Michael Kohlstedt confirmed that the video
shows Wednesday's meeting.
"My statement about
shooting Biko was admittedly inappropriate and unprofessional," Kaufman
said at the meeting. "I assure you that at no time did I actually intend
to shoot Biko or harm him in any way."
Kaufman said that he would not
make an excuse for his statement about Biko, who is a Belgian Malinois,
according to the Orland Park Patch.
"As the head of the police
depratment I recognize that I need to accept responsibility for my actions and
move forward accordingly," Kaufman said.
Jon Ryczek, the K-9 officer who
left his job with the department, said he did not believe Kaufman's apology was
sincere.
"It was forced, he didn't
even stand up, look anyone in the eye and address them," Ryczek said in an
email. "... It's a shame for the residents who have to deal with
that."
Biko has since been placed with
a new handler in the Midlothian police department who is training with the dog,
Kaufman said.
Tuckerton
officer faces additional charges in dog attack
Steph Solis,
Tuckerton Borough, K-9 officer Justin Cherry
is accused of letting police dog, “Gunner”, loose on a a Barnegat woman.
A Tuckerton police officer was indicted Tuesday on charges that he
let his K-9 dog "Gunner" attack a 58-year-old Barnegat woman and then
falsified the arrest record to cover his action.
The grand jury charged Justin
M. Cherry, 32, with false swearing, tampering with
public records and hindering his own apprehension, in addition to second-degree
official misconduct and third-degree aggravated assault charges in the attack
on Wendy Tucker on Jan. 29, according to a statement from the Ocean County
Prosecutor's Office.
Cherry, a nine-year veteran at
the time of the incident, earned a salary of $77,120 in 2013, according to
pension records. He is currently suspended from the force without pay.
The indictment charges that he
released his German Shepherd, named Gunner, and allowed the canine to attack Tucker after she
had already been apprehended by two Barnegat officers. According to the
indictment, Cherry then falsified records and swore out an affidavit for
Tucker's arrest containing false information.
Cherry was initially arrested on
charges of official misconduct and aggravated assault April 9. He was released
after posting $15,000 bail.
On the day of the incident,
Cherry and another Tuckerton officer were called to a private home on the
allegation that Tucker was an unwelcome guest at that home. Tucker agreed to
leave the residence, but police later discovered that she was driving a car
even though she was on the suspended drivers list.
Tuckerton police asked Tucker
to take the bus home from the residents and she agreed.
Several minutes later, though,
police said they saw her driving a vehicle. Cherry tried to get her to stop,
but she refused. She was later stopped by Barnegat police officers, who were
alerted of the pursuit, according to authorities.
That's when the indictment
charges that Cherry arrived and sicced Gunner on the woman.
The dog attack case was
involved in a lawsuit filed by open government activists against the Ocean
County Prosecutor's Office.
Judge Vincent J.
Grasso ruled that law-enforcement must make police dash-cam videos available to
citizens if requested under the Open Public Records Act.
Ocean County Prosecutor Joseph
D. Coronato vowed to appeal the ruling by Superior Court Judge Vincent J.
Grasso.
Tucker was initially charged
with driving with a suspended license and third degree eluding. The eluding
charge has been dismissed. Tucker could not be reached for comment.
If convicted, Cherry faces five
to 10 years in prison for the second-degree misconduct and hindering
apprehension charges. The third-degree aggravated assault and tampering with
public records charges carry a weight of three to five years imprisonment. The
fourth-degree swearing charge could lead to 18 months incarceration. Cherry's
lawyer declined to comment on the indictment.
Portland
to pay $47,500 to settle battery lawsuit filed by man bit by police dog
By Maxine Bernstein
The city of Portland has
offered to pay $47,500 to settle a false arrest and battery lawsuit filed by a
man who suffered bite wounds from a police dog in 2012.
Portland police had released
the dog to stop James Lamar Waters, 52, on April 10, 2012, as they raided his
home on Northeast 15th Avenue with a search warrant.
Waters and his lawyer Greg
Kafoury accused the police of false arrest and malicious prosecution.
Waters was confronted in the
front yard of his home by several police officers who set up a stun grenade
near him, "attacked'' him with a police dog and handcuffed and charged him
with disorderly conduct, the lawsuit contends.
The criminal charge against
Waters was dismissed in court.
The City Council is scheduled
to vote on the settlement at its meeting Wednesday.
"After a mandatory
mediation session, the parties agreed to settle the case without an admission
of fault for $47,500, subject to Council Approval,'' according to city records.
The settlement was reached just
months after outside consultants urged the Portland police to tighten its
policy on use of police dogs and restrict their use to the capture of suspects
wanted for felonies.
The Police Bureau rejected the
consultants' recommendation, but Assistant Chief Donna Henderson said the
bureau would consider not allowing the dogs to go after suspects accused of
violations.
According to Waters' suit, he
suffered puncture wounds to his right leg, swelling, pain in his shoulder, knee
and lower leg, scarring, muscle tension, vision problems and suffered
post-traumatic stress disorder and depression.
After mediation, city attorneys
agreed to settle the suit and pay Waters for past and future medical expenses,
non-economic damages and attorney's fees, according to city records.
One officer deployed a
"flash/sound diversionary device'' while other officers rushed out of
their vehicles as they raided Waters' home, according to the city. Police
suspected Waters had a gun.
When Waters ran away and failed
to stop, one officer released a police dog. The dog restrained Waters by biting
and holding onto his lower right leg, according to the city.
Waters was taken into custody
and treated at Portland Adventist Hospital for his wounds, according to the
city's response to the suit. He did not have a firearm.
Senior Deputy City Attorney
William Manlove argued in court papers that officers were authorized to use
physical force to stop, detain or arrest Waters and to ensure their own
physical safety during a high-risk search warrant.
The settlement averts a trial,
which was set to start this month.
"In order to avoid the
risk of an adverse jury award, we feel it is prudent to compromise the lawsuit
at this time,'' the city ordinance says.
The city noted in its material
presented to commissioners that the primary impact of the settlement "will
be on Mr. Waters, who is a low-income
This week’s sexual assault by your local police: Anybody else see a national pattern here?
Irwindale
cop sentenced to prison for sexually assaulting woman
Married
NYPD cop accused of kissing, groping rape victim after booze-filled night in
Seattle
Milan
cop fired after sexual assault arrest
Cop
fired for exposing policy where police ‘had sex with prostitutes before
arresting them’
Woman
Says She Was Victim of Cop's Obsession
Irwindale
cop sentenced to prison for sexually assaulting woman
Irwindale police officer was sentenced to
prison for sexually assaulting a woman during a traffic stop.
By VERONICA ROCHA
David Paul Fraijo, 37, was
arrested in March after prosecutors said he stopped a female driver in
October 2012 and asked to see her
driver’s license. After she told him she didn’t have a license, prosecutors
said Fraijo ordered the woman to park on a nearby street, where he sexually
assaulted her.He pleaded no contest in October to oral copulation under color
of authority and sexual battery by restraint. Fraijo was also ordered to
register as a sex offender for life.After sentencing, Fraijo was taken into
custody, according to the LosAngeles County district attorney’s office.
Married
NYPD cop accused of kissing, groping rape victim after booze-filled night in
Seattle
Detective Lukasz Skorzewski was
investigating the rape of a 24-year-old woman when he flew to Seattle, drank with
her all night and got physical with her in a hotel room, the college student
alleges.
BY ROCCO PARASCANDOLA , TINA
MOORE
A married detective assigned to
investigate the rape of a 24-year-old woman has been booted from the Manhattan
Special Victims Division after flying to Seattle, drinking with her all night —
and then allegedly trying to tear her clothes off in a hotel room.
Hours before the disturbing
encounter, the college student alleges, Detective Lukasz Skorzewski — in the
midst of a nine-hour drinking frenzy — looked at her and said, “You’re my
favorite victim.”
Skorzewski’s boss, Lt. Adam
Lamboy, was also transferred from the elite sex crimes unit, though it’s not
clear if it had anything to do with the woman’s claims. Lamboy, who also made
the cross-country trek to Seattle, was present during an interview with the
rape victim, but didn’t have any physical contact with her.
Sources said Lamboy was bounced
to the 90th Precinct in Williamsburg, Brooklyn, in May. Skorzewski was knocked
down from a detective to a patrol officer and moved to the 114th Precinct in
Astoria, Queens, last week.
NYPD officials said Thursday
that the Internal Affairs Bureau was investigating the allegations. A
spokeswoman wouldn’t say why Lamboy, 44, and Skorzewski, 31, were still on the
job.
“I didn’t want to ruin his
life. I just wanted somebody to know that this happened,” the woman told the
Daily News on Thursday. “He was supposed to be my protector.”
The sordid tale began Jan. 13,
2013, when the woman, who attends college in New York City, reported a rape to
Skorzewski of the Manhattan Special Victims Division. She told him she was
raped by a man at his Union Square apartment after a night of drinking.
He was supposed to be my
protector.
Skorzewski and Lamboy flew to
the coffee capital to interview her in July of that year, police sources said.
The young woman characterized
Skorzewski as an officer still earning his detective badge. She was surprised
at how young he was, and thought he was cute.
The two officers interviewed
her in an office on July 5, but she said she contacted them the next day
because she had questions.
The cops met her at a pier
dressed in street clothes around 3 p.m. and asked her to drink with them and
another woman who was with Lamboy, she claims. She declined, at first. But the
two cops insisted and Lamboy even assured her that she would be “safe with us.”
At around 12:30 a.m., she
realized she’d left her car someplace else and the men offered to let her stay
at their hotel. The other woman had gotten into a fight with Lamboy and stormed
out.
The trio headed to the hotel.
At first, she and Skorzewski sat outside because she wasn’t feeling well. Then,
she said they went up to his room.
The woman recalled Skorzewski
took care of her and made sure she was OK. He told her, “You’re really cool.
No, you’re awesome.”
The aspiring detective let her
have the bed and he slept on a couch all night, but she said the platonic
relations didn’t last past breakfast.
In the morning, she says
Skorzewski asked her if he could lie down and put his arm around her. Then he
asked if he could kiss her.
She froze, outraged at the
suggestion.
He was married with two kids,
she thought. And he was investigating her initial rape case. She said no — but
then they started getting physical with each other.
She said she told him she
needed to leave her clothes on. Skorzewski laughed, she recalled. She had also
told the man who raped her that she needed to keep her clothes on.
Skorzewski was aggressive, she
said.
“He really felt me up, tried to
get his hands down my pants,” she told The News. “He was trying to put his
hands down my pants or work them up my shorts.”
She said she participated but
then ended it. She got in the shower alone.
Once Skorzewski returned to New
York, the two maintained a relationship over the phone, she said. Eventually he
stopped calling and she worried that his wife had found out what happened.
“He should have been fired,” a
police source familiar with the case said. “The woman was already in a fragile
emotional state.”
NYPD Chief Kim Royster said the
department’s Internal Affairs Bureau was still investigating the alleged
incidents in Seattle. The woman said she reported the detective by writing a
letter to a friend in the department.
Min Um-Mandhyan, a spokeswoman
at the New York City Alliance Against Sexual Assault, said victims who
experience trauma may have impaired judgment.
“It looks like he took
advantage of his authority and the situation,” she said. “He gained her trust.”
Lamboy was transferred because
of changes in the NYPD’s top brass and because he was under investigation for
allegedly taking overtime he hadn’t earned, another source said.
The officers involved couldn’t
be reached.
Records show Skorzewski, who
was promoted to detective this past Feb. 28, made a base salary of $83,802 and
$117,588 with overtime that year.
The most recent records
available show Lamboy made $115,217 a year base salary in 2013 and a total of
$181,818 that year with overtime.
Lamboy got the police
commissioner’s Theodore Roosevelt Award in 2008 after getting into a car
accident that left him severely injured.
He supervised investigators on
the notorious Dominique Strauss-Kahn case. Strauss-Kahn was accused of sexual
assault of a maid at the Sofitel New York Hotel on May 14, 2011. The case fell
through because of issues in the maid’s credibility.
Milan
cop fired after sexual assault arrest
By Devon Armijo
MILAN, N.M. —The Milan Police
Department said it has fired Officer James Watters.
Waters was one of two officers
accused in an alleged sexual assault. He was only on the force for eight
months.
New Mexico State Police said
Watters and two other men with law enforcement connections picked up a
20-year-old woman to go drinking on Christmas Eve. The other two men were
identified as Grants police Sgt. Jessie Nieto and former security officer for
the Cibola County Sheriff's Department Jessie Terrazaz.
State police said the group
drank at Grants High School, and the victim claimed the men wanted her to
perform oral sex or possibly have a threesome or foursome. She told them she
didn’t want to.
State police agents said Nieto
told the group he wanted to go home. Police said the other three stayed out
after Nieto was dropped off.
According to the statement of
probable cause, the victim told police she was brought to the New Mexico State
University’s campus in Grants. There she was given more alcohol and was
sexually assaulted, police said.
Police interviewed Watters at
his home on Christmas Day for several hours.
Cop
fired for exposing policy where police ‘had sex with prostitutes before
arresting them’
Harry Readhead
A police officer has been fired
after he exposed a department policy which apparently let cops have sex with
prostitutes before arresting them.
Sgt. Don Paul Bales of Fort Smith
Police Department in Arkansas reported an incident to his superiors and to his
lawyers where he said an undercover officer paid a prostitute $150 to engage in
a sex act and then arrested her afterwards.
But Sgt. Bales was shocked when
Chief Kevin Lindsey dismissed him from the force, saying he ‘violated
department policy’ by naming the officer in question – despite his written
statement being protected by attorney-client privilege.
Lindsey then said that Sgt.
Bales had in fact violated eight rules, including not being truthful, giving
false testimony and revealing confidential information. Furthermore, he said
the undercover officer’s alleged sex act with the prostitute was ‘in accordance
with department policy’ – despite being a crime itself.
The termination of Sgt. Bales
has been upheld on appeal for the Fort Smith Civil Service Commission – twice.
Woman
Says She Was Victim of Cop's Obsession
By MONICA PAIS
(CN) - A police officer infatuated with a
young woman he met during a landlord-tenant dispute tried to have her committed
after she rejected his attentions, a lawsuit filed in Miami-Dade County claims.
In her complaint, Kirenia Cardidad Figuera
says she met Officer Joshua Zacharias when he responded to a domestic dispute
call at her mother's apartment. Figuera says at the time, both she and her
sister lived with her mother, but neither contributed money toward the living
expenses in the home.
During the investigation that followed,
Zacharias allegedly told Figuera that because she'd lived in her mother's home
for more than 24 hours, the conflict amounted to a landlord-tenants dispute,
and that she'd have to find somewhere else to live.
Figuera says she and her sister gladly
accepted Zacharias offer to help them move to a new apartment the next day, but
from virtually that time on, her interaction with the officer took a disturbing
turn.
At the time, the young woman says, she had
only recently broken up with her boyfriend of six years, and they were still
trying to work out their issues. While Zacharias was still at the apartment,
Figuera invited her ex over to see the new place.
By then, she says, Zacharias had
overstayed his welcome, and when her ex-boyfriend did indeed arrive at the
apartment, "Zacharias began yelling uncontrollably at him." Moments
later, Zacharias allegedly escalated the confrontation by pulling a gun on the
ex-boyfriend and chasing him from the premises.
Figuera describes herself as startled by
the alleged incident, and says she was even more surprised when Zacharias went
back to his police cruiser, gathered some belongings, and announced he wanted
to stay the night.
Figuera says she responded by telling
Zacharias she wasn't interested in having a relationship with him.
But this, she claims, only inspired him to
become more aggressive in his pursuit of her. Initially, Zacharias called her
several times a day, and after she stopped answering his calls, he began to
call her sister, asking about Figuera's activities, the complaint says.
As
time went on, the lawsuit says, Zacharias became more involved in the family's
life -- even paying the mother's utility bill. But Figuera says just wasn't
interested in the officer and continued to try to make that clear to him.
"At one point, Defendant Zacharias
sent a Facebook message to Plaintiff's sister referring to her (Plaintiff's
sister) as his sister in law, discussing how heartbroken he felt over
Plaintiff's refusal to engage in a romantic relationship," the complaint
says. "Plaintiff asserts that Defendant Zacharias's verbiage, referring to
Plaintiff as his ex-wife after only knowing her for a few days, exemplifies the
obsessive infatuation Defendant Zacharias had with Plaintiff."
Figuera says the situation came to a head
on December 13, 2011, when she stopped at a Hess gas station near her apartment
to use the ATM machine. While inside, she says, Zacharias showed up in his
police cruiser and waited for her to come out.
He then pulled her over as she left the
gas station and "began a verbal altercation with Plaintiff over the fact
that he would be a better man" for her.
Figuera says the officer arrested her for
"allegedly being irrational," issued her citations for minor
violations, and then had her transferred to a local mental hospital.
"Defendant Zacharias told Plaintiff:
that's what you get bitch," the complaint says.
Figuera says the staff at the Citris
Mental Institute found no basis for her institutionalization, and released her
within hours of her arrival.
She
says she next encountered Zacharias in traffic court, where she was found
guilty of offenses ranging from having unlawfully tinted windows to blocking
the right-of-way. Figuera says the court's decision was based on a series of
false statements made by the officer, and that the court's findings were later
thrown out with Zacharias Facebook messages and other alleged statements were
brought to the attention of the state attorney's office.
Figuera seeks unspecified compensatory
damages on claims of negligence, negligent retention, malicious prosecution,
false arrest and imprisonment, and civil rights violations.
She is represented by Bram Gechtman of
Miami, Fla.
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