judge has asked the U.S. attorney's office to investigate
DENVER
(AP) — A federal judge has asked the U.S. attorney's office to investigate
whether Denver police officers broke the law when they spoke with a key witness
in a federal civil rights lawsuit, the latest in a series of high-profile
misconduct allegations against Denver police and sheriff's deputies.
Judge
John Kane also wants an investigation into patterns and practices of the police
and sheriff's departments. Court documents released Tuesday confirmed his
request, first made during a Friday hearing in a lawsuit filed by Jamal Hunter.
Hunter
alleges a sheriff's deputy not only failed to protect him during a July 2011
beating by fellow jail inmates but encouraged the attack.
Hunter,
now 39, said he was attacked after his cellmates accused him of snitching. He
said they punched him, tied him up and burned his genitals with hot water from
a spigot.
One
of the inmates who participated in the beating, Amos Page, became a witness in
the civil rights lawsuit. He said in a sworn affidavit that a Denver sheriff's
deputy, Gaynel Rumer, knew inmates were planning the attack and helped
facilitate it.
Among
other allegations, Page said the attack could not have happened without Rumer's
involvement, and the deputy ignored Hunter's screams.
Rumer's
attorney, Thomas Rice, said the deputy denies the allegations. A police
department spokesman declined to comment, citing the pending lawsuit.
Hunter's
attorneys last month sought an emergency hearing after learning that Denver
police internal affairs sergeants Brian Cotter and Brad Lenderink spoke with
Page in prison March 10. Hunter's attorneys said the officers told Page he
could face criminal prosecution if he testifies.
Before
the hearing Friday, Kane listened to a recording of the officers' conversation
with Page and read a transcript, neither of which has been made public.
Kane
said the conversation showed a "deliberate process of intimidation"
of Page, an essential witness in the case.
"All
one has to do to see that is read the complaint and affidavit of Amos
Page," the judge said, according to a hearing transcript. Kane added the
sheriff's department has its own internal affairs unit, and he didn't
understand why police were involved.
An
attorney for the city, Cathy Havener Greer, told the judge she would look into
it.
Kane
wants the U.S. attorney's office to determine whether the officers broke laws
against witness tampering and intimidation.
A
spokesman for the U.S. attorney's office said it has received Kane's request,
but he declined to comment further.
"It's
extremely rare for a judge to refer a case for prosecution to the U.S.
attorney's office," said defense attorney David Lane, who is not involved
in the Hunter case but has other federal civil rights lawsuits pending against
Denver law enforcement. One of them involves a street preacher who died after
Denver sheriff's deputies restrained him in jail.
Lane
and his partner Darold Killmer hope the judge's request will prompt the FBI to re-examine
that case and others.
"He
(Kane) has asked an independent federal agency to take a look at what's going
on in Denver," Lane said. "No judge would lightly refer allegations
of police misconduct to the FBI."
Hunter
attorney Qusair Mohamedbhai said the situation involving Page "only
increases Mr. Hunter's resolve to expose Denver's pattern of corruption and
abuse."
In
the past two weeks alone, three Denver officers have been arrested for off-duty
offenses, including possession of child pornography, domestic violence and
assault stemming from a drunken brawl. The second highest-ranking member of the
sheriff's department resigned abruptly last year and was later indicted on
charges that he stole more than $20,000 worth of tax software from Target stores
by hiding it in bags of dog food.
Remorseless ex-cop talks her way into jail
BY
MENSAH M. DEAN,
A
FORMER Philadelphia police lieutenant, convicted last month of stealing utility
services, talked her way into jail yesterday.
No
other conclusion could be drawn, given that before Aisha Perry started ranting,
Common Pleas Judge Earl Trent had said he didn't think she and co-defendant
George Suarez needed to be jailed. He said they had good character except for
the charges on which they were convicted.
But
instead of being remorseful during her sentencing hearing like most defendants
- including ex-cop Suarez - Perry, 55, went on the attack against Assistant
District Attorney Terri Domsky.
She
called the prosecutor a "liar," and "that woman" who
"is jealous of my lifestyle. She doesn't think I should have the things
that I have," said Perry, pointing at Domsky all the while.
She
said that Domsky had based her case on flawed theory and had tried to give the
jury the false impression that she and Suarez, 56, were dating. She insisted
she was not guilty.
"I
have the highest esteem and the highest respect for this court," Perry
said. "I do not respect her."
Before
sitting down, Perry, who had been on the force 31 years, also told the judge:
"I feel like I'm in a John Grisham novel. That's how upset I am."
Trent,
also appearing upset, asked: "Do you think this is helping you?"
After
saying that Perry showed no remorse and did not accept responsibility, Trent
lowered the boom by sentencing her to six to 23 months in the county jail,
fining her $5,000, ordering her to pay $5,296 in restitution to PECO and giving
her 60 days to surrender her seven guns.
Trent
also ordered Perry to begin serving her sentence immediately, rejecting defense
attorney Tariq Karim El-Shabazz's request for a turn-in date.
Suarez,
who had been a cop for 26 years, offered a short-and-sweet apology for his
crimes. He was sentenced to six to 12 months of house arrest and fined $1,000.
He already had paid $4,833 in restitution to PECO, said his attorney, Brian
McMonagle.
Both
defendants also were sentenced to five years of reporting probation.
An
appeal will be filed, said El-Shabazz.
"She
found it difficult to be remorseful for something that she believed she didn't
do," he said. "She expressed that to me when I talked to her about
the sentencing and what the procedure was. But she was dead set in expressing
the things that she felt she needed to express."
Perry
was convicted of tampering with meters to steal gas and electric services at
her home on Winchester Avenue near Narvon Street, in the Northeast, and at a
rehabilitation center called Clean and Sober Residents, on Girard Avenue near
19th Street, in North Philadelphia. She co-owned the center with Suarez.
Suarez
was convicted ofstealing services at Perry's home; at the center; at a third
property on Tioga Street near 22nd, in Tioga; and at a fourth property on
Devereaux Avenue near Bingham Street, in Crescentville.
Both
defendants were arrested in September 2012.
LaPorte police officer charged with embezzling FOP money
Stan Maddux
LAPORTE
| A LaPorte police officer has been charged with embezzling $7,000 from the
LaPorte Fraternal Order of Police for Chicago Cubs tickets and other personal
expenses.
Mark
Bishop, 32, is charged with Class D felony theft.
He
is scheduled to be arraigned Wednesday in LaPorte Circuit Court.
Bishop
has resigned his position with the FOP and as an officer with the LaPorte
Police Department.
Indiana
State Police on April 24 were brought in to investigate after the bank balance
for the LaPorte Fraternal Order of Police was discovered significantly lower
than anticipated.
Bishop,
as treasurer of the organization, was issued a bank card strictly to carry out
FOP-related financial transactions on the account.
But,
according to court documents, the investigation uncovered personal transactions
by Bishop on the account mostly at local restaurants and bars from March 2013
to April of this year.
The
card also was used to pay for hotel stays in Evansville and Louisville along
with one visit each to Blue Chip Casino in Michigan City and Four Winds Casino
outside New Buffalo, court records disclosed.
There
were many alleged ATM withdrawals with the card along with a $456 purchase for
Chicago Cubs tickets on April 17, 2013.
According
to court documents, Bishop, when confronted by FOP President Robert Metcalf,
said that he was having financial difficulties and after using the card a few
times realized it was "easy and then started to use the card more
frequently."
In
a written apology to FOP members, Bishop called his alleged actions
"stupid and very foolish."
"I
used the card for personal use due to the fact that I wasn't in a good
financial spot in my life," said Bishop, who in his letter used the words
"stupidity and selfishness" to describe his alleged behavior.
Bishop
also told investigators that he intended to pay back the entire sum with money
from his Indiana Public Employees Retirement Fund account.
Charges
were authorized June 3 by LaPorte Circuit Court Magistrate Nancy Gettinger
after she reviewed the findings.
Bishop
was issued a summons to appear for his initial court hearing scheduled for
Wednesday.
LaPorte
County Prosecutor Bob Szilagyi said he requested Bishop be issued a summons
instead of having him arrested when told by investigators that he had the money
to repay the FOP.
He
said a summons being issued for a felony case doesn't happen often, but in this
case discretion was exercised.
"Based
on the fact he was paying it back, I didn't want to issue a warrant," said
Szilagyi.
Bishop
was on the department for almost three years. He could face anywhere from a
six-month to three-year sentence.
The national epidemic of drunk and drugged up cops
Visalia
officer charged with DUI loses job
By
Lewis Griswold
A
Visalia police officer facing trial for driving while intoxicated has lost her
job.
Erica
Martinez, 33, who worked at the Police Department for seven years, "is no
longer an employee of the city of Visalia," said Sgt. Ozzie Dominguez. He
said he could not provide details because it's a personnel matter.
Martinez
was arrested Aug. 4, 2013 after her BMW was involved in a solo-vehicle accident
in Visalia. No one was injured and she was not in uniform.
She
is charged with misdemeanor drunken driving and driving with a blood alcohol
level above .15. A trial has been set for July 15 in Tulare County Superior
Court
Denver officer, wife charged after drunken
brawl
DENVER
(AP) — A Denver police officer and his wife have been charged with assault and
child abuse after a brawl at a cookout.
Arapahoe
County prosecutors on Thursday charged Officer Jeremy Ownbey and his wife Jamie
Ownbey with misdemeanors stemming from the fight May 19. An argument turned
violent between the Ownbeys and another couple after heavy drinking, Aurora
police spokesman Frank Fania said.
The
homeowner, who is also a Denver police officer, asked the Ownbeys to leave, at
which point Jamie Ownbey struck the other wife from behind, Fania said. Then,
the officers started fighting.
Investigators
say the officers acknowledged that they and their wives trade sex partners, but
they denied that sex sparked the brawl. The fight ended when the homeowner
managed to break free and retrieve a gun. Jeremy Ownbey said the other officer
pointed the weapon at him, but police could not prove it, police said.
Jeremy
Ownbey then drove away after a night of drinking but later returned to the home
to talk to Aurora police officers, Fania said. The Aurora Police Department has
launched an internal investigation as to why its officers did not conduct a
sobriety test on Jeremy Ownbey and instead drove him home.
No
arrests were made that night because the case warranted further investigation
by a detective, Fania said.
Both
Denver police officers are on desk duty while that department conducts its own
internal probe, police Cmdr. Matt Murray said.
Prosecutors
say the Ownbeys also left their two young children home alone during the
dinner, prompting the child abuse charge.
There
is no listed number for the Ownbeys. They are due in court July 22.
Passaic
sheriff's officer charged with DWI after allegedly hitting parked cars
By
James Kleimann/NJ.com
TOTOWA
— The Passaic County Sheriff's Office has suspended an officer who allegedly
was drunk when he struck several parked cars in Totowa on Thursday morning,
according to officials.
Patrol
division officer Michael Bove, 35, "struck a traffic control box and at
least three parked vehicles" at about 1:45 a.m. Thursday morning in
Totowa, according to William Maer, a sheriff's department spokesman.
Bove,
who has been with the sheriff's office since December 2012 and makes $44,492
annually, was charged with DWI by Totowa police, Maer said. He was not on duty
at the time of the crash, the spokesman said.
He
has been suspended without pay pending the outcome of the case, Maer said.
Veteran IMPD officer arrested for DUI at
beginning of shift
By
Aaron Castleman
INDIANAPOLIS
- Indianapolis Metropolitan Police Officer Bryan Neal, a ten-year veteran, was arrested Friday evening by an IMPD
supervisor for DUI and sent to the Marion County Arrestee Processing Center.
Officer
Neal was arrested at the beginning of his shift around 11 p.m. at an IMPD
district headquarters and faces a preliminary charge of Operating a Vehicle
While Intoxicated.
Officer
Neal was immediately suspended without pay, and his police equipment
confiscated and his police authority revoked. He will face an internal affairs
investigation by IMPD’s Internal Affairs and Special Investigation Unit.
In
the coming days, IMPD Chief Rick Hite will review the facts of the case and
issue an employment recommendation in accordance with IMPD’s General Orders.
The Marion County Prosecutor’s Office will
review the case and make a final charging decision at a later time.
Court
Date Set for Officer Charged with DUI
HARRISONBURG,Va.
(WHSV)-- The former Corporal Bryan Horowitz has a hearing June 9 at 10 a.m. in
Rockingham County General District Court.
According
to court documents, Horowitz was arrested in Broadway, Va. on May 3, 2014 in
the parking lot of Backstage Video after a Broadway police officer pulled him
over for speeding.The
court can suspend Horowitz's driving privileges for a year if he is convicted.
Off-duty officer arrested for DUI with child
in vehicle, leaving accident scene
Written
by Cami Cox Jim
CEDAR
CITY – Cedar City Police responded to a one-car accident Monday evening in the
parking lot of the Little League Baseball Complex, 300 E. 275 North. An initial
investigation revealed the driver of the vehicle was off-duty Cedar City Police
Officer Jed Prisbey Imlay. Further investigation revealed Imlay was under the
influence of alcohol when he hit a decorative block wall.
“There
was a child with him,” Cedar City Police Chief Bob Allinson said. “At least,
that’s what was alleged at the time.”
Allinson
said witnesses at the scene reported they saw a child in the vehicle with
Imlay, who allegedly left the scene after colliding with the block wall. An
on-duty sergeant drove to Imlay’s home and saw the damaged vehicle parked at
his house. Imlay was taken into custody at his home.
“That’s
when we call Highway Patrol,” Allinson said, “to get an outside agency to
investigate the accident itself.”
Utah
Highway Patrol was called in to the handle the crash. A statement from UHP,
released Tuesday, said the Iron County Attorney will turn the case over to an
outside prosecuting agency to avoid conflict of interest.
Imlay
was charged with leaving the scene of an accident, a class-B misdemeanor, and
driving under the influence of alcohol with a child in the vehicle, a class-A
misdemeanor. He was booked into Washington County’s Purgatory Correctional
Facility on $2,213 bail.
Allinson
said there was minimal damage to Imlay’s car and also minimal damage to the
block wall.
Imlay
posted bond and has been released from Purgatory, according to information from
the Washington County Sheriff’s Office website.
Persons
arrested or charged are presumed innocent until found guilty in a court of law
or as otherwise decided by a trier-of-fact.
Sheboygan Police Dept. releases statement on
off-duty officer OWI arrests
By
FOX 11 NewsPublished: June 12, 2014, 3:44 pm
SHEBOYGAN
– The Sheboygan Police Department is reinforcing the seriousness of drinking
and driving.
It
comes after two of its off-duty officers were arrested for operating while
intoxicated in December.
After
a months-long investigation, one of the officers was suspended without pay for
30 days. The other was suspended for 15 days.
The
department released a statement Thursday, it reads in part:
“The
Sheboygan Police Department understands the importance of earning and
maintaining the public’s trust. Actions by department members that damage this
trust will not be tolerated. We are committed to building strong community
relationships and demonstrating our trustworthiness on a daily basis.”
Husband and Wife Cops Arrested for Drugs in
San Diego
Michelle
Moon
San
Diego police officers, husband and wife Bryce and Jennifer Charpentier, were
arrested for alleged involvement in sales, transportation, and possession of a
controlled substance.
The
husband has reportedly been abusing prescription drugs since an injury ended
his hockey career, a source told 10 News.
Bryce
is a six-year veteran of the San Diego Police Department while his wife
Jennifer is an 18-year veteran. Conflicting comments about the couple’s conduct
over the past few months range from withdrawn and strange, noted by the 10 News
source, to quite visible within their community.
This
news comes after widespread issues of police misconduct in 2011 began to erode
public faith in the police department. Police Chief at the time, William
Lansdowne apologized and said, "I clearly understand that this activity,
conduct ... (of the) officers involved in these cases has tarnished the image
of this police department." He added, "We'll work hard to repair
that, but it'll take years to rebuild that relationship, I believe, between us
and the community of San Diego," according to CBS8.
The
day following the chief’s apology, another officer was arrested on charges of
rape, assault, and kidnapping, CBS8 also eported. Ten cases of impropriety or
criminal behavior among SDPD personnel were reported in the three months prior,
resulting in six arrests at the time of the chief’s apology.
The
U.S. Justice Department launched an investigation into the SDPD in March that
is projected to last six to eight months. The investigation was requested by
former SDPD Chief Landsdowne, reported Fox5 San Diego in March. The U.S.
Attorney’s office and FBI are also looking into criminal activity within the
department. Fox5 relayed U.S. Attorney Laura Duffy’s comments on the
investigation: “The review itself will focus primarily on police misconduct
overall, with an emphasis on sexual misconduct by on-duty officers.”
Shelley
Zimmerman took over for Landsdowne in March of this year. Now Zimmerman faces a
new case of alleged police misconduct. With a background that includes
extensive investigative work and experience in the narcotics division,
Zimmerman should be well-equipped to address the situation. According to ABC 10
News, she is cooperating with the Sheriff’s Department and was briefed on the
situation by Sheriff Bill Gore.
Ball State officer resigns day after arrest
Eric
Reffitt, 30, was arrested for criminal recklessness and public intoxication
after a fracas at the Joker's Wild
Douglas
Walker
MUNCIE
— Eric Reffitt resigned from his job as a Ball State University police officer
on Thursday, a day after he was arrested for his role in a fracas at a
southside strip club.
A
university spokesperson confirmed about 4:30 p.m. that Reffitt, a BSU police
officer since April 2008, had resigned.
Prosecutors
said they would likely decide Friday what charges would be filed in connection
with an incident early Wednesday at the Joker's Wild that allegedly saw an
intoxicated Reffitt wave a knife, causing minor injuries to a friend.
Both
men were participants in a bachelor party at the southside tavern.
EARLIER:
“You do this job, and you know you can’t act like this,” a Muncie police
officer told Eric Wayne Reffitt, an off-duty Ball State University officer,
during a disturbance outside a southside strip club early Wednesday.
By
that point, however, the advice offered to Reffitt, 30, of rural Albany, likely
came too late.
The
BSU officer — whose blood-alcohol content was later measured at 0.234 percent,
nearly three times the legal limit for motorists — allegedly cut a friend on
the stomach and hip while waving a knife in Joker’s Wild cocktail lounge, 2206
S. Madison St.
Witnesses
said Reffitt then walked across the street to the Taco Bell restaurant — at
that hour serving only drive-through customers — and displayed his police ID,
demanding entry.
Refitt
— who was attending a bachelor party at the strip club — also reportedly was
less than cooperative with on-duty officers called to the scene, allegedly
threatening to shoot two of them.
He
was taken to the Delaware County jail, preliminarily charged with criminal
recklessness with a deadly weapon and public intoxication. He later was
released after posting a $5,000 bond.
A
Ball State spokesperson said Wednesday afternoon that the circumstances leading
to Reffitt’s arrest were under review.
City
police were called to the Taco Bell, 2201 S. Madison St., at 1:42 a.m. after
employees reported a “highly intoxicated subject” was outside. A restaurant
manager told officers that the man, later identified as Reffitt, “showed up
outside the business and was knocking on the outer door and making a ruckus.”
“Reffitt
was placing his police credentials up against the glass and yelling something
about being a cop, all while talking on the phone,” according to an affidavit.
An
officer wrote that Reffitt, with slurred speech and while “struggling to
maintain his balance,” was “rambling on about someone starting something with
him (at the Joker’s Wild).”
The
tavern’s bouncer said Reffitt had shoved a bartender before leaving.
The
bartender, who was acquainted with Reffitt, said the BSU officer “got upset all
of a sudden, stating that two guys were trying to steal money from him, and
then drew his knife and started waving it around wildly.”
Another
member of the bachelor party — who repeatedly told officers he “didn’t want
anything to happen to Eric” — said the BSU officer had accidentally struck him
with a knife Reffitt began waving after “someone in the bar said something to
Eric that got him aggravated,” the affidavit said.
An
officer wrote that that man was wearing two shirts, and that Reffitt’s knife
“went through both shirts and left a long scratch on (the victim’s) right
abdomen and hip.”
Another
officer noted two other injuries, a small cut with “fresh blood ... just above
the hip bone area” and a second scratch.
“I
don’t want him to get into trouble,” the victim said. “He’s just drunk.”
Outside,
police said Reffitt became “extremely belligerent and acted out toward
officers” before he was handcuffed.
One
officer said Reffitt told him to keep two other officers away from him “or I’m
going to shoot their ass.” However, the off-duty officer was found to be
carrying only a folding knife, not a firearm.
Reports
also reflect Reffitt at first refused to take a breath test to measure his
level of intoxication, but complied after a Ball State University police
sergeant arrived at the scene.
Reffitt
joined the university police department in April 2008
Atlanta police officer charged with DUI
By
Rhonda Cook
An
Atlanta police officer is on adminsitrative leave pending an investigation into
Gwinnett County charges that he was driving drunk.
Officer
Daryl Vann, on the APD force for three years, was charged early Monday with
DUI, speeding and improper lane change after he was pulled over just north of
Pleasant Hill Road on Interstate 85, driving more than 20 miles over the speed
limit, according to a report released Thursday.
According
to the report, a member of the DUI Task Force saw a grey Nissan Altima weaving
and speeding around 2 a.m. The Gwinnett officer followed the sedan for a while
before pulling him over, the report said.
The
report said Vann failed a field sobriety test — following the officer’s finger
with his eyes, standing on one leg and walking heal to toe. He was given a
breathalyzer later, showing a blood alcohol content of .1, which is above
the.08 that state law says is legally drunk.
Vann
told the officer he was rushing home after have several beers — he couldn’t
remember how many.
“During
the evaluation the driver asked for professional courtesy and I advised him
that was not an option,” the Gwinnett officer wrote. “I advised him that I had
previously arrest(ed) other officers for DUI and there was no officer
discretion when it came to DUI.”
The
officer said he saw Vann’s police ID as he was retrieving his driver’s license.
Sheboygan cops suspended for drunken driving
Two
off-duty Sheboygan police officers who were convicted of drunken driving last
month have since been been suspended without pay.
Sheboygan
Police Chief Christopher Domagalski said in a news release Thursday that the
suspensions were issued after the officers’ cases concluded May 28 in
Sheboygan-Kohler Municipal Court.
One
officer, Ryan Walloch, 25, received a 15-day suspension, while his colleague,
Stephen Schnabel, 35, was suspended for 30 days, according to the release.
Municipal
Court officials on Thursday refused to release information to a Sheboygan Press
reporter on the outcome of the officers’ cases Thursday without a formal
written public records request that would have to be approved by Municipal
Judge Catherine Delahunt.
First-offense
drunken driving cases typically result in a fine and license revocation.
“The
Sheboygan Police Department understands the importance of earning and
maintaining the public’s trust,” Domagalski said in the release. “Actions by
department members that damage this trust will not be tolerated. We are
committed to building strong community relationships and demonstrating our
trustworthiness on a daily basis.”
The
officers were arrested Dec. 5 after a late-night accident at the corner of
Superior Avenue and North Taylor Drive. Both were off-duty and in their
personal vehicles when one driver rear-ended the other at the blinking red
light.
An
arrest report showed that Walloch’s preliminary blood alcohol content was 0.10
and Schnabel’s was 0.23, both more than the legal limit of 0.08.
Both
officers were cited for first-offense operating while intoxicated and operating
a motor vehicle with a prohibited alcohol concentration. They were placed on
administrative duties following the arrest but were back on active duty several
days later pending an internal investigation.
The
investigation, which was completed after the court cases concluded, found that
both officers had violated department rules.
The
officers’ work records and the seriousness of the offense were taken into
consideration when issuing the suspensions, Domagalski said.
Domagalski
said both officers have expressed remorse, apologized and taken responsibility
for their actions.
Denver cop's bizarre DUI bust, 2-year desk
duty has chief advocating for disciplinary changes
Officer
can't drive patrol car for 2 years
Alan
Gathright
DENVER
- A Denver Police officer's bizarre DUI arrest and his sentence resulting in
two years of desk duty has Police Chief Robert White advocating for a change in
departmental disciplinary rules.
The
chief's concerns were highlighted by the 2013 DUI arrest of Denver Police
Officer Aaron Wade Egger, who told a Thornton Police officer that a friend he
only identified as "Good buddy" was driving and took off after the
car crashed.
A
witness called 911 in the early-morning hours of July 4 last year to report
that a man driving a Black Nissan Maxima had driven up on the curb and almost
hit a fence and then veered across the roadway and slammed into the other curb,
according to a police report. The impact blew out the front right tire and bent
back the front right fender until it was blocking the passenger door, police
said.
A
Thornton patrol officer arrived to find the Maxima straddling two northbound
lanes of Holly Street at East 118th Avenue.
A
man wearing a red shirt and shorts, later identified as Egger, was leaning on a
fence on the side of the road.
The
officer asked what happened and Egger replied, "Somebody hit us."
Seeing
no one else around, the officer asked who was in the Maxima, and Egger replied,
"Me and my buddy." Asked where his buddy was, Egger said, "He
took off" and took the keys to Egger's car with him.
Yet,
when the officer asked the 32-year-old Egger where he wrecked, he replied,
"I hit something over there," pointing toward East 120th Avenue.
"I
asked Aaron what his good buddy's name was. Aaron said, 'Good buddy,'" the
police report stated.
The
witness, however, said the driver was the only person in the car.
The
Thornton officer's report said Egger had a strong odor of alcohol, slurred
speech, bloodshot eyes and he was so unsteady on his feet that he almost fell
over during the field sobriety test. When the officer asked for his driver's
license, Egger dug around in his wallet and handed him a credit card.
The
officer twice noted that Egger was "acting strange." He kept rigidly
standing at attention "like someone in the military," despite the
officer repeatedly telling him he could relax.
When
the officer asked if Egger had been in the military, he replied, "Yes sir.
82nd Airborne sir."
The
officer arrested Egger for DUI and patted him down, finding the Maxima keys in
his pocket. Police also recovered a 12-gauge pump shotgun with 44 rounds of
ammunition from Egger's car.
A
breath test showed Egger had a blood-alcohol level of .201 -- more than twice
the .08 threshold for being driving under the influence under state law.
In
November, Egger pleaded guilty to DUI and prosecutors dismissed a careless
driving charge, court records show.
With
his high intoxication level, Egger was deemed a persistent drunk driver under
state law.
A
judge ordered Egger to use an ignition-interlock device on his car for two
years, said Denver Police spokesman Cmdr. Matt Murray. A driver has to blow
into the device to ensure he doesn't have an elevated alcohol level. If he
does, the car won't start.
Egger
was also sentenced to one year in jail, which the judge suspended, and ordered
to serve one year of probation and 48 hours of community service.
After
his criminal case was resolved, the police department gave Egger a 6-day
suspension earlier this year.
However,
the ignition-interlock requirement posed a new challenge for the police
department. Officials said they would not install the device on patrol cars.
Instead,
Egger had been assigned to desk duty for two years, Murray said.
"The
chief is concerned about the current [discipline] system when an officer can't
drive for two years and the impact that that has on the community and the
police department," Murray said.
However,
the department's disciplinary matrix, enacted in 2008, requires consistent
punishment. So an officer can't face a more severe penalty for the same
violation that officers were given in the past.
Chief
White, who has long been concerned about officers who commit DUI offenses,
began advocating earlier this year for a change in the disciplinary matrix, to
allow the department to deal with things like ignition-interlock requirements
and other changes in the law.
"It’s
a bigger picture" issue than one cop's DUI, Murray said. "What's the
right thing to do for the city, for the community, for the officers? We have to
come up with a reasonable standard that meets the new rules and be
adaptable," Murray said.
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TOP TEN REASONS THE LOCAL ELECTRONIC MEDIA WON’T REPORT ON THE FAIRFAX COUNTY COPS ILLEGAL SPYING ON CITIZENS
This story seems to require investigative techniques,
research and confrontation. We don’t do that. That stuff is better left to the,
wadda call those guys? The one’s write things down. Um…writer’s downers, no, no that’s not it, you
know Journalistic –ism –tic people. Those guys.
This is complex and can’t be explained in 15 seconds so it’s
not for us.
So, like, this wrong for the cops to do, like, right?
Reporting on this story might interfere with the ride-along
stories we love so dearly.
This is real news. We don’t do real news. We’re television.
Covering this would eat up at least five minutes of air
time. That’s a full four minutes longer than our usual hard hitting, in depth
investigative news piece.
The story doesn’t have a hap, hap, happy ending! We’re
television. We like to deal in warm, snuggly, happy news.
Like everybody in America, we’re afraid of the cops.
We’re communication majors. We don’t understand this.
This seems a little too controversial for us. We like to
avoid that sort of thing. The sponsors don’t like it.
U.S. Marshals Seize Cops’ Spying Records to Keep Them From the ACLU
A routine request in Florida for public records regarding the use
of a surveillance tool known as stingray took an extraordinary turn recently
when federal authorities seized the documents before police could release them.
The surprise move by the U.S. Marshals Service stunned the
American Civil Liberties Union, which earlier this year filed the public
records request with the Sarasota, Florida, police department for information
detailing its use of the controversial surveillance tool.
The ACLU had an appointment last Tuesday to review documents
pertaining to a case investigated by a Sarasota police detective. But marshals
swooped in at the last minute to grab the records, claiming they belong to the
U.S. Marshals Service and barring the police from releasing them.
ACLU staff attorney Nathan Freed Wessler called the move “truly
extraordinary and beyond the worst transparency violations” the group has seen
regarding documents detailing police use of the technology.
“This is consistent with what we’ve seen around the country with
federal agencies trying to meddle with public requests for stingray
information,” Wessler said, noting that federal authorities have in other cases
invoked the Homeland Security Act to prevent the release of such records. “The
feds are working very hard to block any release of this information to the
public.”
Stingrays, also known as IMSI catchers, simulate a cellphone tower
and trick nearby mobile devices into connecting with them, thereby revealing
their location. A stingray can see and record a device’s unique ID number and
traffic data, as well as information that points to its location. By moving a
stingray around, authorities can triangulate a device’s location with greater
precision than is possible using data obtained from a carrier’s fixed tower
location.
The records sought by the ACLU are important because the
organization has learned that a Florida police detective obtained permission to
use a stingray simply by filing an application with the court under Florida’s
“trap and trace” statute instead of obtaining a probable-cause warrant. Trap
and trace orders generally are used to collect information from phone companies
about telephone numbers received and called by a specific account. A stingray,
however, can track the location of cell phones, including inside private
spaces.
The government has long asserted it doesn’t need a probable-cause
warrant to use stingrays because the device doesn’t collect the content of
phone calls and text messages, but instead operates like pen-registers and
trap-and-traces, collecting the equivalent of header information. The ACLU and
others argue that the devices are more invasive than a trap-and-trace.
Anal searching cops still on the public payroll
It’s one of the most shocking and infamous cases to ever
come out of New Mexico: A man, falsely suspected of carrying drugs, forced to
undergo multiple anal cavity searches.
Now, a year and half after the incident and six months after
a settlement of $1.6 million in local taxpayer money was announced, New Mexico
Watchdog has learned at least three police officers involved in the case are
still on the job, while the status of three others remains a secret.
Deming Police Chief Brandon Gigante told New Mexico Watchdog
all three officers in his department who were listed as defendants in a
subsequent lawsuit are on active duty. Gigante wouldn’t say why or reveal if
the officers were disciplined.
“That is a personnel matter,” Gigante said in a telephone
interview.
Three members of the Hidalgo County Sheriff’s Office were
also listed in the lawsuit, but county officials refused to answer any
questions about their status in the aftermath of the case involving Lordsburg,
N.M., resident David Eckert.
A settlement was announced in January in which the
64-year-old Eckert will get $950,000 from the city of Deming and $650,000 from
Hidalgo County — a total of $1.6 million for which taxpayers in the two communities
are responsible.
According to the lawsuit, in early 2013 Eckert was pulled
over by Deming police allegedly for not coming to a full stop at a stop sign in
a Walmart parking lot in Deming. Hidalgo County sheriff’s officers also arrived
on the scene.
Authorities suspected Eckert was carrying drugs inside his
anal cavity and over a 14-hour period subjected Eckert to two rounds of X-rays
and three enemas and took him to a hospital in another county where Eckert was
forced to undergo a colonoscopy.
No drugs were found. Eckert also received a bill for $6,000
for the colonoscopy. The case made international headlines.
Two messages left with Hidalgo County Sheriff Saturnino
Madero have gone unreturned.
Hidalgo County Commissioner Darr Shannon told New Mexico
Watchdog, “I don’t know (about the status of the officers). I hate to admit it,
but I don’t know anything … A county commissioner cannot have anything to do
with personnel matters.”
Hidalgo County Commission Chairman Ed “Bim” Kerr referred
questions to the county manager, Jose Salazar, who referred questions to the
county’s attorney in the Eckert case, Damian Martinez.
“I can’t give any comment as to that,” Martinez said when
contacted by New Mexico Watchdog.
Why not?
“I know where you’re coming from, but I’m (part of a)
private law firm and my law firm’s policy is we don’t discuss litigation,”
Martinez said. “Sorry I couldn’t help you, but I like your website.”
If public money has been spent, don’t taxpayers have a right
to know if the officers involved are still on the force?
“It’s (Madero’s) department,” Shannon said. “I would be like
you, I would be wanting to find out for the public, but I’m here to tell you
government works in a way that is extremely odd, especially county government.”
New Mexico Watchdog is in the process of filing an
Inspection of Public Records Act request with Deming and Hidalgo County
authorities, seeking information about the case.
When news of the Eckert case broke, Deming Police Chief
Gigante told KOB-TV, “We follow the law in every aspect, and we follow policies
and protocols that we have in place.”
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