Does this sound kosher to you?

Police accidentally shoot suspect

Rebecca S. Green The Journal Gazette

Michael R. Houston has had a lot of run-ins with law enforcement.

And early Monday morning, he was arrested again. But this time, he found himself at a hospital with a minor gunshot wound to his thigh as the result of an accidental firearm discharge by one of the men sent to take him into custody.

According to a press release from the Fort Wayne Police Department, members of the FWPD’s vice and narcotics squad, as well as members of the Emergency Services Team, went to a home in the 300 block of East Branning Avenue at 6:40 a.m. Monday.

They were there to arrest Houston, this time on four charges of dealing cocaine or heroin and three additional charges of dealing cocaine. As they were taking him into custody, an officer’s weapon fired accidentally, striking Houston in the thigh, according to the press release.

Officers gave him immediate assistance and rushed him to a hospital, where he was treated and released.

Houston remains in the Allen County Jail on the aforementioned charges.

The unnamed officer who accidentally shot Houston has been put on paid administrative leave, as is department protocol.

rgreen@jg.net

Owner of dog killed by cop sues Salt Lake City PD for $1.5 million

 by Caroline Connolly

SALT LAKE CITY — A dog was shot and killed by Salt Lake City police in June of this year, and now the dog’s owner says he is suing the police department for $1.5 million in damages.

Sean Kendall said police violated his Fourth Amendment rights when an officer entered his backyard and had a fatal encounter with Kendall’s dog, Geist. The dog was shot by the officer, who said he felt threatened by the animal.

“Geist was my best friend for two and a half years,” Kendall said.

Police said in the past they believe they were justified in entering the yard, as they were searching for a 3-year-old child with disabilities who had been reported missing. That child was later located inside the child’s home.  Kendall said the search was poorly executed and led to a violation of  his rights as well as in Geist’s death.

Kendall had previously been offered a settlement in the case, which he declined as he said he wanted to focus on lobbying for change in the way officers are trained in encounters with animals. He has been active in numerous protests regarding the way police respond to animals.

Salt Lake City Police Department officials declined to speak regarding the pending litigation.

FOX 13 News’ Caroline Connolly has more on this story, see the video above for her report.

Yet another symptom of our broken police system — cops kill hundreds of dogs a year

by German Lopez

Adam Arroyo was at work on June 3, 2013, when he heard the news. "Adam, I'm sorry," he recalled his landlord telling him. "They killed your dog."

Arroyo's landlord wasn't talking about burglars. "They" were the Buffalo, New York, police, and they had barged into his apartment, torn through his belongings, and killed Cindy, his two-year-old pit bull, during a botched raid.

When he got home, he said, "it looked like a tornado hit. My dog was missing, and there were bullet holes and blood all over the walls."

Police later said that Cindy had been "aggressive." But Arroyo, a 30-year-old Iraq war veteran, insists the dog was chained when he left for work that day. It also turned out that police may have hit the wrong apartment — Arroyo believes they were targeting a neighbor who allegedly sold illicit drugs.

"That dog, everywhere I went, she wanted to go with me. Those police, they don't know what they did."

Arroyo and Cindy are not alone. The Buffalo Police Department shot 92 dogs between January 2011 and September 2014, 73 of which died from their wounds, according to a recent story from local news station WGRZ. Twenty-six of those shootings were the work of one officer — and nearly all of those dogs died. For many critics, including Arroyo, these shootings are a symptom of a larger problem in law enforcement.

"These police officers think they're above the law," he said.

Since the summer, a national discussion about the way officers use force on the job and whom they use it against has dominated the news, sparked by the killing of several unarmed black men by police — long a deep concern among civil rights activists. The deaths of Michael Brown in Ferguson, Missouri, Eric Garner in Staten Island, and, most recently, 12-year-old Tamir Rice in Cleveland, at the hands of local police have sparked a roiling, emotional debate about the latitude police are given to take lives, even when it is later discovered that a situation did not warrant it. Police officers say this latitude is essential for their safety and the ability to perform their jobs effectively.

This human toll is the primary concern in protesting a system that gives law enforcement what many believe is too much freedom to take lives and property. But for years, one of the ways this multilayered story has played out is in the killing of dogs by police.

Police kill an untold number of dogs a year

It's hard to know how many dogs are shot by police — we don't even have a firm idea of how many people are shot by police. But it's not just Buffalo. According to a 2011 report presented to the US Department of Justice, a majority of shootings in most of the surveyed police departments involve animals, particularly dogs. And based on media reports, hundreds of dogs are shot by police each year.

Police in Milwaukee killed roughly 48 dogs per year between 2000 and 2008, according to the Associated Press. Officers in southwest Florida shot 111 dogs between 2009 and 2012, the News-Press found. In metro Atlanta, according to a WSB-TV investigation, police were responsible for the deaths of nearly 100 dogs from 2010 to 2012. And Chicago police killed approximately 90 dogs per year between 2008 and 2013, the Chicago Tribune reported.

The Washington Post's Radley Balko has written extensively about police-involved dog shootings — including dogs that are leashed and unleashed, puppies and seniors, and big and small, with breeds ranging from chihuahuas to Labradors. The topic has a blog, Facebook page, and subreddit dedicated to it. Reports from advocates or people who lost their dogs at the hands of police flow into these repositories on a daily basis. Here are a few examples:

According to an email sent to the blog Dogs that Cops Killed, Megan Hood's dog, Blossom, was killed by police in Jonesboro, Texas. But Hood said she wasn't told about the police shooting until later, after a private investigator contacted her. Instead, she said, the city government initially told her that her dog had been hit by a car and that the Texas Department of Transportation had incinerated the body.

Sean Kendall got a call one day that Salt Lake City police had entered his yard and killed his Weimaraner, Geist. Police officers said they were investigating a missing child report and the dog acted aggressively, but Kendall said officers could have backed out of the yard and closed the gate to protect themselves.

 In one case caught on a body camera, a police officer in north Texas called a dog over to him and then shot it multiple times. The officer claimed the dog showed signs of aggression, but that is not visible in the available footage.

 Los Angeles County Sheriff's Deputies on December 5 shot and killed a family's pregnant pit bull, even though they went through a gate with a "beware of dog" sign, reported CBS Los Angeles. The dog's owner said the dog never attacked the deputies and that the deputies either hit the wrong home or were responding to a prank call.

Arroyo, now a manager at a cleaning company and member of the National Guard, said he still mourns Cindy. He moved out of his previous apartment, which was stained with bad memories and Cindy's blood, and currently lives with his uncle. He feels like no one is being held accountable for the shooting.

For Arroyo, Cindy's friendship was a way to cope with his loneliness after serving in Iraq. Arroyo bought Cindy from someone who intended to put her in dog fights. His initial goal was to save Cindy, but he quickly fell in love with the dog.

"I feel like I rescued her," Arroyo said. "But at the same time, she rescued me."

Buffalo Police officials didn't respond to multiple inquiries about an internal investigation into Arroyo's case. They previously refused to provide an update to WGRZ.

In an interview with WGRZ, Buffalo Police Chief of Detectives Dennis Richards said the dog shootings made up a small fraction of the thousands of calls Buffalo Police officers respond to each year.

"Officers generally shoot to live. We don't shoot to kill," Richards said. "It goes to the officer's safety and the safety of other people."

When can police shoot dogs?

Cynthia Bathurst, co-founder and director of animal advocacy group Safe Humane Chicago, said there's not a noticeable pattern in these dog killings. She said she's heard of it happening in domestic dispute cases, SWAT raids, and even traffic stops in which a dog is in the car.

Almost all of these shootings were later found to be justified. But animal activists believe that part of the issue is that cops are allowed, under the law and department policy, to use deadly force too easily. If an officer merely thinks a dog is going to bite or attack him, he's allowed to shoot — even if a dog doesn't pose a threat to the life of the officer or others. And since dogs are considered property under most state laws, the legal standards of probable cause and objectively reasonable belief that apply to human shootings don't apply to dogs and other pets.

Based on media reports, hundreds of dogs are shot by police each year

Even an unjustified shooting likely won't land a police officer in jail or prison. But dog owners can and do resort to civil lawsuits to claim damages for shootings, under the argument that killing a dog unlawfully is akin to illegally seizing or destroying property. There have been reports of proposed settlements as high as $10,000 in Salt Lake City; $30,000 in Riverside, California; and even $225,000 in Minneapolis, in a case that involved two dead dogs.

Arroyo is now pursuing a federal lawsuit against the city of Buffalo for the raid and his dog's death. He said the city offered him $1,000, which he decided wasn't enough. But he also insisted the lawsuit has nothing to do with money. His concern is holding the city and police accountable for their mistake, he said, and the only way to do that may be to force a big payout.

"To me, it's not about the money," Arroyo said. "I'm not the only person going through this."

Advocates want better police training and standards

The Buffalo Police Department doesn't train for encounters with dogs, WGRZ reported. Just two states — Colorado and Illinois — require such training, said Bathurst, although police departments in other states might do so voluntarily or under local laws. The hope for reformers is to get more cities, states, and police departments to adopt similar standards.

Arroyo said he believes it's only a matter of time until things change. "This is going to break," he said. "There's too many incidents for nothing to happen."

One barrier to change, Bathurst said, is that police overestimate the threat posed by dogs. The number of reported dog bites has decreased by as much as 75 to 90 percent, depending on the city, since the 1970s, according to data compiled by the National Canine Research Council (NCRC). And dog bite fatalities are extremely rare, resulting in 32 deaths in 2011, NCRC reported.

"We don't want to understate the importance of decreasing this number [of fatal dog bites]," Bathurst said. "But they are, in general, minor."

The National Canine Research Council and Safe Humane Chicago developed a series of videos that educates police officers on how to read different breeds' body language, ways to get out of a situation without resorting to force, and tools — such as Tasers, batons, fire extinguishers, and chemical sprays — that can be used to stop a dog without shooting.

At the very least, animal proponents say police departments should begin better tracking their encounters with dogs. Currently, federal and state data is spotty and scant on police-involved dog shootings.

Dog shootings further distrust between communities and police

"When [these shootings] occur, they get more and more attention, and there's more and more concern in the community," said NCRC spokesperson Janis Bradley. "It leads to dog owners mistrusting the police, which is bad for everybody — it's bad for the police, bad for the community, and, of course, bad for the dog."

Police officers are found to be legally justified almost every time they kill a dog, according to police shooting watchers and various media reports on dog shootings.

But a legal argument does nothing to repair community mistrust when police actions make people feel that the law is either not on their side or only on the side of a chosen few. Police are also found to be legally justified nearly every time they kill a person, and yet the Pew Research Center found that about 61 percent of all Americans — and 93 percent of black Americans — score police "only fair" or "poor" on "using the right amount of force for each situation."

For Arroyo, there is little police could do to give him back what he lost.

"She was my best friend. That dog, everywhere I went, she wanted to go with me. It breaks my heart," Arroyo said. "Those police, they don't know what they did."

Fort Bend County case shows residents have little recourse against officer misconduct

By Greg Groogan,

MISSOURI CITY, Texas (FOX 26) - He violated not a single law but got grenaded, shot, stunned, beaten, jailed and unjustly prosecuted for offenses that could have left him a felon.

The botched and unwarranted 2011 SWAT team raid in Missouri City left Chad Chadwick financially devastated from legal expenses and living with both post-traumatic stress and permanent hearing damage.

"It just sickens me that these people can do what they are doing day after day and they have no remorse," said Chadwick. "They don't care. They use their shield to say we're here to protect you, but we may destroy your life in the process."

"It's beyond race now," said community activist Quanell X, who is helping Chadwick share his story with the media. "Police misconduct is about power, the abuse of power,"

But lingering outrage is where the quest for accountability often stops.

FOX 26 legal analyst Chris Tritico says Texas residents who suffer the consequences of misconduct by law enforcement officers and overzealous prosecution have little or no recourse because state lawmakers in Austin have granted blanket protection to both.

"Municipalities and their employees are immune from action in state civil court for most things that we would file against private individuals," said Tritico.

And prospects for justice get little better at the federal courthouse where Tritico says those who claim violation of their civil rights by police and prosecutors have to meet a very difficult burden.

"Unfortunately, where we live in the 5th Circuit Court of Appeals, the law is that you have to prove it's the policy pattern and practice of the entire municipality to violate someone's civil rights, not just that this officer violated your civil rights," explained Tritico. "It's an almost impossible standard."

It is a threshold a U.S. District Court Judge in Houston says Chad Chadwick's case does not reach.

Chadwick has filed an appeal.

"All I really cared about was what my kids thought of me," said Chadwick.

"If you are investigating a possible suicide, there is no need to blow up two compression grenades and beat the living crud out of someone,"said Tritico. "That's where this fell off the map,"

A demonstration is scheduled on Tuesday at 5 p.m. at the Missouri City Police Department in support of Chad Chadwick and against misconduct by law enforcement officers.

Why the Federal Government (Probably) Can’t Impose Oversight on Local Investigations of Police Misconduct

Fred Lucas   

After grand juries opted not to indict police officers in the deaths of Michael Brown and Eric Garner, calls increased among activists and some members of Congress to require special prosecutors — not local district attorneys — to investigate cases of police using deadly force.

Such requirements could be difficult, but not impossible, to push from the federal level, according to a Congressional Research Service legal analysis.

Demonstrators march in New York, Saturday, Dec. 13, 2014, during the Justice for All rally and march. In the past three weeks, grand juries have decided not to indict officers in the chokehold death of Eric Garner in New York and the fatal shooting of Michael Brown in Ferguson, Mo. The decisions have unleashed demonstrations and questions about police conduct and whether local prosecutors are the best choice for investigating police.

Demonstrators march in New York, Saturday, Dec. 13, 2014, during the Justice for All rally and march. Grand jury decisions not to indict police officers in the deaths of Eric Garner and Michael Brown have unleashed demonstrations and questions about police conduct and whether local prosecutors are the best choice for investigating police. (AP Photo/John Minchillo)

Proponents of such a federal law contend that the symbiotic relationship between prosecutors and the police they work with in fighting crime creates a conflict of interest when a police officer is suspected of misconduct.

“In the twin cases United States v. Morrison and United States v. Lopez, the Supreme Court rejected the argument that local crime had a sufficiently substantial effect on interstate commerce to bring it within the scope of Congress’s Commerce Clause authority,” the CRS analysis said. “It would appear that a similar argument that police shootings substantially affect interstate commerce would be equally unavailing.”

The Morrison case from 2000 found that some provisions of the Violence Against Women Act were unconstitutional because Congress exceeded its power under the Commerce Clause. The 1995 Lopez decision was a gun case in which the high court similarly determined Congress misapplied the Commerce Clause.

Christopher Adkins, a criminal defense attorney in Huntersville, North Carolina, said it’s rare that special prosecutors are ever used. He admits as a former Charlotte police officer for seven years, he’s conflicted because he wants what’s best for the officer, even though he thinks the relationship with police and prosecutors is too close.

 “Whenever there is a prosecution of police, there most certainly is a conflict of interest,” Adkins told TheBlaze. “These folks work together every single day and develop a relationship. A lot of time things are either swept under the rug or it’s a small penalty. States do whatever they can do to avoid prosecuting police.”

Special prosecutors have been used at the state and local level for some time, well before the term became better known for national cases during Watergate.

“Historically, special prosecutors have been appointed to try criminal cases in two instances: first, when the case poses a conflict of interest or some other disqualification for the prosecuting attorney (such as when he himself is a criminal defendant), and, two, to handle political or controversial prosecutions that government officials fear will not be prosecuted absent a special counsel,” the CRS report said.

A petition by the liberal group MoveOn.org gathered more than 117,000 signatures that called for a special prosecutor in the Ferguson, Missouri, case of Michael Brown.

Potentially, the most likely way for Congress to intervene in a local investigation would be the use of the purse strings, the CRS said.

“Congress might rely on the Spending Clause to condition the acceptance of federal law enforcement grants upon the states’ adoption of special prosecutor laws,” the analysis said. “This route might alleviate concerns that Congress is interfering with the states’ criminal justice processes as the states can choose whether to adopt the proposed changes.”

The proposed Grand Jury Reform Act, sponsored by Rep. Hank Johnson (D-Ga.) would make federal law enforcements funds contingent on the appointment of a special prosecutor to conduct a probable cause hearing if there is a police misconduct case that led to someone’s death.

The bill would essentially use federal funds to nationalize the various state laws that already exist regarding special prosecutor laws.

The state of New York allows the governor to appoint a special prosecutor in such a case. Democratic Attorney General Eric Schneiderman has called for Democratic Gov. Andrew Cuomo to name a special prosecutor to reexamine the Garner case, who was killed following a confrontation in Staten Island with a New York City police officer.

Missouri, where Brown was shot, permits the appointment of a special prosecutor by the court presiding over the case. Several other states allow a court to appoint a special prosecutor.

Connecticut is the only state that automatically requires the appointment of a special prosecutor after someone dies as a result of police using deadly force, according to the CRS analysis. In California, the grand jury has the ability itself to appoint a special prosecutor.

One other unlikely avenue for Congress to intervene is through Section Five of the Fourteenth Amendment, which allows the federal government to remedy constitutional violations. The section says, “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”

“Under this theory, Congress must identify a pattern of constitutional violations by state actors, but it is far from clear whether the unconstitutional use of deadly force has been pervasive enough to trigger Congress’s Section 5 remedial power,” the CRS said.

Edwardsville officer accused of burglary while on duty, firearms possession

By Elizabeth Donald

A veteran Edwardsville police officer faces multiple charges after he has been accused of burglarizing homes and businesses while on duty and in uniform.

Officer Brian Barker, 41, of Moro was initially charged with burglary, a Class 2 felony, and official misconduct, a Class 3 felony. He was accused of entering Reality Salon in Edwardsville on Sunday and stealing money from the register while on duty. Prosecutors since have added another 12 charges: 10 counts of burglary, targeting Edwardsville businesses since 2012; one count of residential burglary of a home in Moro, a Class 1 felony; and one count of aggravated possession of stolen firearms, a Class X felony.

Madison County State’s Attorney Tom Gibbons said Barker was found in possession of seven stolen firearms, which had been stolen from individuals and from businesses. The businesses listed in the indictments include Edison’s Entertainment, multiple law offices, The Little Gym, Extreme Vapor, Edible Arrangements, Headstrong Hair, Afsanehs Alterations and Pedegos.

Once the salon reported the burglary and Edwardsville Police determined that the suspect was one of their own, Gibbons said, Chief Jay Keeven immediately turned it over to the Madison County Sheriff’s Department for an independent investigation.

Barker was being held on $175,000 bail but he has since posted bond, Gibbons said. Barker has been placed on administrative leave without pay.

Barker could not be reached for comment Friday. Gibbons said he is not sure whether Barker has hired an attorney.

Gibbons said the situation was “really awful.” He was not sure how long Barker has been a police officer, but believed it was at least 20 years.

“We put all this trust, faith and power in police officers, but with that comes gigantic stresses,” he said. “When they breach that trust, it’s so much worse ... The magnitude of this breach of public trust necessitates a very harsh penalty, and we will be seeking prison time.” The charges of residential burglary and possession of stolen firearms cannot carry probation, and the latter carries a minimum six-year sentence up to 30 years, Gibbons said. The burglary charges carry penalties ranging from probation up to 15 years.

It is only the latest in a series of problems at the Edwardsville Police Department. Last year, another 15-year veteran officer pleaded guilty to a felony count of unauthorized recording after he was caught videotaping women at a tanning salon with his department cellphone. He received a sentence of probation and lost his police pension. Earlier in 2013, former police chief James Bedell pleaded guilty to four counts of embezzlement and theft after he was caught stealing more than $138,000 from city towing fees to support his gambling habit. Bedell is currently serving a sentence of 18 months in federal prison.

Gibbons said that Edwardsville Police, the sheriff’s department and Mayor Hal Patton had been fully cooperative. “The moment they got notice of this, they’ve been all over it,” Gibbons said. “They did everything they could possibly do under these bizarre circumstances ... It’s really sad to see someone who’s supposed to be the good guy go wrong. But the measure of character of leadership is what they do when it happens. In this case, they absolutely did the right thing.”

Keeven said that police were contacted by Reality Salon on Sunday evening, and on Monday morning, he asked Sheriff John Lakin to take over the investigation. “It isn’t that I don’t have faith in my investigators, but for the public trust, it’s best to have an independent agency investigate your agency,” Keeven said. He said he had full faith that Lakin and Gibbons would conduct a “fair and thorough” investigation and prosecution.

Cynthia Van Patten, owner of Reality Salon and Spa located at 4 157 Center, said in prepared remarks that she called 911 after her security system detected motion in her business. She meet with a police sergeant at her salon and they discovered a burglary had occurred.

“I gave a statement to the sergeant and I’m fully cooperating with the investigation,” Van Patten said. “We are extremely disappointed that the person charged is a police officer but are pleased that the small business owners that were affected by this will now have resolution and justice.”

Keeven said the department was “blindsided” by the allegations. “We feel like we’ve been kicked in the gut,” he said. “It was a complete shock. I hate the fact that many officers are going to be suspect now, just for the fact that they’re a police officer. The victims are across the board: the families, the victims of the crimes, the police department, the community as a whole ... Nobody wins.”

“I understand that human beings are human beings and they are going to make mistakes and do bad things,” Keeven said. “But it’s very hurtful when our officers work so hard to build trust within our community, with all the things they do throughout the year ... Those things are forgotten when someone causes embarrassment to our department.”

Patton apologized to those impacted by the burglaries, and vowed that the city would fully cooperate with the investigation. “We want to emphatically state that our community has been, and will continue to be, a safe place to live and raise a family,” Patton said. “I have great confidence in the current leadership team of our police department and many of the officers known to me personally.”

Patton said an internal review will go forward to ensure integrity is restored and maintained within the department, and to encourage better communication between officers and administrators to identify individuals who may have personal issues requiring intervention or assistance. Both Patton and Keeven lauded the police officers who volunteered their time with the recent Shop With a Cop program for underprivileged children and worked with the Edwardsville NAACP to support local children. “Please stand by me in support of our officers who do so much good for all of us,” Patton said. “We would greatly appreciate the community’s support as we work through this difficult time.”

Keeven said he did not believe that Barker’s alleged actions reflected on the department. “The actions of one individual are not indicative of the service that we provide to this community on a daily basis,” he said. “Hopefully people can see that as it is: one person making bad decisions ... versus the good work that many of our officers do every day.”

Gibbons said investigators do not suspect any other person to be involved. “But they are digging hard because the chief wants to be sure,” Gibbons said. “Nobody is above the law.”

Florida Man Arrested for Recording Cops Wins Settlement

Posted by: Carlos Miller in Bad Cop, No Donut, Citizen Journalism, Court Settlements, PINAC News, PINAC News Top 3, Police Abuse, Recording the Police, The Blue Line December 26, 2014 47 Comments

A Florida man who was arrested last year for video recording Orlando police making an arrest received a $15,000 settlement this month.

His lawyers, however, might end up making three times that much for working his case.

And the cop who arrested him, seizing his phone as “evidence” as well as seizing another bystanders’s phone remains on the job as if nothing had happened.

The only difference is that Orlando police officer Peter Delio is now expected to follow a new departmental policy requiring officers to respect the rights of citizens to record them in public.

In other words, he is now mandated by the department to follow the law.

But Delio has a long history of complaints against him for being rude and abusive, so we shouldn’t expect him to change his ways.

At least Alberto Troche is $15,000 richer after having spent 15 hours in jail and having to wait three weeks for them to return his phone last December.

According to the Orlando Sentinel:

Troche and the city agreed to a $15,000 settlement several weeks ago, according to federal court records.

Now, his lawyers have asked a U.S. magistrate to make the city pay another $44,000 for the hours they worked on the case.

The Orlando Police Department has also changed its policies on how to handle people who video-record them in action, said Troche’s attorney, J Marc Jones.

Officers may not order members of the public to stop video-recording them or arrest or try to stop them, so long as they are in a public place, have not crossed a police line and are not interfering, according to a policy directive signed by Police Chief John Mina two months after Troche filed suit.

Officers also may not demand that a person recording them identify themselves, may not demand to know why they are making the recording and may not intentionally block or obstruct their camera, according to the directive.

“A bystander has the right under the First Amendment to observe and record … (police officers) in public discharge their duties,” the directive says.

The epidemic of mentally ill cops in America

Arbitrator orders Warren to reinstate cop fired for cutting off woman's hair weave during arrest

WARREN, Mich. (WXYZ) - A Warren Police officer who was caught on videotape hacking off a woman's hair is getting her job back.

An arbitrator ordered that Officer Bernadette Najor be reinstated. She had been fired following the incident that occurred in November 2013.

7 Action News first reported on the incident in January.

Many jails remove an inmate's hair extensions because they could be used as a weapon, but Charda Gregory didn't have extensions. Her weave was sewn into the braids on her scalp.

The firing stemmed from the arrest of Gregory, a 22-year-old hair dresser who had been taken into custody, accused of trashing a room at the Suez Motel on 8 Mile. At the time her lawyer, Paule Misukewicz, said, "She had a couple of drinks, then woke up in a strange place.  Didn't know how she got there, completely disoriented."

By the time she was brought in to the jail lock-up on the top floor of the Warren Police Department, Gregory had been pepper sprayed, but she appears calm.

However, it's clear in the video that Gregory can barely stand as she comes face-to-face with Officer Najor.

"She took it upon herself to get the scissors.  And for whatever reason, decided that she was going to butcher my client," said Misukewicz in January.

Video shows that as Officer Najor pats Gregory down, the officer pushes Gregory against the wall twice.

Suddenly Najor starts going for Gregory's hair. The officers struggle with Gregory, dragging her over to a restraining chair to tie down her arms and legs.

Officer Najor starts yanking Gregory's head from side-to-side, chopping out chunks of hair. It takes 3 full minutes before Najor gives one final yank and removes what's left of Gregory's weave.

Najor reportedly told police officials that she had to remove Gregory's weave because of alleged threats of suicide. For our original report, police officials said that was an explanation that made no sense.

At the time of our original report, officials also said this was not Najor's first discipline problem, but they could not go into details, citing restrictions on what he can legally say about a former employee.

7 Action News obtained Officer Najor's personnel records – they show she was suspended without pay for 10 days in 2010 for being "untruthful."

Despite several attempts to reach Najor by phone for our original report, she refused to talk to us when we caught up with her, instead screaming at 7 Action News Investigator Heather Catallo as she tried to get Najor's side of the story:

"If that camera is on me I will call the police! Call 911 right now!"

Because of what happened in the jail, all of the criminal charges against Charda Gregory were dismissed.

Warren Police have issued the following statement regarding the arbitrator's decision:

The City of Warren is in receipt of an arbitrator's decision reinstating a police officer involved in a highly-publicized incident in our jail.

The City strongly disagrees with the arbitrator's decision.  The actions taken by the Warren Police Department were appropriate and required.

Despite that, this is a nation of laws, and even where we believe that an arbitrator's decision is plainly wrong, we will follow it.

This unfortunate set of circumstances should not in any way detract from the brave police officers in our police department who put their lives on the line every day.  The City will continue to strive to make this excellent police department even better.

Charda settled her lawsuit against the city in February . Under the settlement agreement, the city of Warren paid Gregory $75,000 and Gregory agrees to release the city, police department and Najor from any future claims.

Cop arrested, accused of criminal sexual penetration

By Regina Ruiz

MILAN, N.M. —A local police officer is facing serious charges after a night of drinking over Christmas took a disturbing turn, according to investigators.

Milan police Officer James Watters, 25, is accused of getting an underage woman drunk and forcing her to perform oral sex. The officer's mother swears her son is innocent.

"He goes, 'I promise, I promise.' He goes, 'This is my life, this is my job.' I don't know, I don't know what to think. This isn't James," Angela Hedrick said. "A part of me wants to have so much faith in James, but then something happened because why would he be in there?"

According to New Mexico State Police agents, it all happened Christmas Eve.

Watters, Grants Police Sgt. Jessie Nieto and Jessie Terrazaz -- a former court security officer for the Cibola County Sheriff's Department -- picked up a 20-year-old woman.

All four allegedly drove to Grants High School and drank alcohol.

The victim told investigators the men kept asking her to perform oral sex or possibly have a threesome or foursome. She told the men she didn't want to do it.

Agents said that at one point  the word rape was used and that's when Nieto asked to be taken home. They dropped him off, but investigators said the night didn't end there.

According to the statement of probable cause, the victim told police she was brought to the New Mexico State University Grants Campus, she was given more alcohol and told police she was sexually assaulted.

Investigators said Terrazaz made the woman sexually touch him and Watters then forced her to perform oral sex on him.

Both men spent Christmas Day giving their side of the story to state police and both ended up behind bars.

"I honestly feel that my son didn't do it. But, only time will tell. The truth will come out. That's what I am waiting for," Hedrick said.

Watters has been with the Milan Police Department for about five months. His mother tells Action 7 News before that he was a firefighter for about four years and has three small children.

As of Friday night, Watters was still behind bars.

The Cibola County Sheriff's Department said Terrazaz was fired from the department years ago for misconduct. It was related to a domestic violence incident.

Shocker: Former Atlanta cop found guilty of police brutality

By Terry Shropshire, National Correspondent

In a bit of news that will shock citizens based on the recent trend around the nation, a former Atlanta police officer was sentenced to 10 years in prison for using excessive force.

But before you start throwing babies up in the air in celebration, the White officer was convicted of police brutality against a White victim. In fact, the victim says he was “attacked for being White in a Black neighborhood,” the AJC reports.

A jury found former officer Nick Dimauro guilty on four of five charges, including aggravated battery, guilty of aggravated assault and guilty of two counts of violation of oath of office.

As a consequence for his belligerent disregard for the laws he was supposed to uphold, the  judge sentenced Dimauro to 10 years, with five to serve in prison.

Here’s the lowdown: Dimauro reportedly stopped Robert Wormley in a northwest Atlanta neighborhood at 2:30 a.m. four years ago.

Shortly after questioning, Wormley allegedly took off, but Dimauro caught up with him in a backyard in the neighborhood then beat him with his baton, severely injuring him. Wormley spent four days in the hospital with broken teeth, broken ribs, a concussion and other injuries.

Dimauro said Wormley fought him, and he used his training to detain him.

One of Dimauro’s former partner was near tears as he told the judge it’s easy to condemn officers for mistakes the make in split-second decisions, WSBTV reported.

“What he did was his job. The fact that some people can sit around in an office and make it look like he did something else will only hurt what other officers are going to do in the future,” said the officer.

The judge was unmoved by the testimony.

“My sentence is going to be 10 years, to serve 5 years in custody,” said the judge.

Rome Cop Sentenced to Six Months in Jail For Molesting Baby Sitter

Rome police officer will spend six months in jail for sexually assaulting his 17-year-old babysitter.Jason Paul was sentenced to 10 years of probation.  He will also have to register has a level one sex offender for 20 years.  Paul pleaded guilty to third degree rape in September after admitting he had sex with the baby sitter after she said no. Before he was sentenced Paul started to cry when he said he was sorry from the bottom of his heart.

Sutter County Sheriff’s Captain Arrested On Child Abuse Charges

Nick JanesNick Janes

YUBA CITY (CBS13) – One of the top police officers in Sutter County is behind bars tonight on child abuse charges.

Yuba city police arrested Sutter sheriff’s Captain Lewis McElfresh, Jr. on Tuesday afternoon. Police say the victim is a female teenage family member.

We learned of the arrest just hours ago, and tonight, detectives are still doing interviews.

McElfresh went from running the Sutter County Jail to sitting behind bars himself next to some of the very suspects he helped arrest.

“My concern is too many parents wanting to facilitate alcohol parties,” said McElresh during an interview with CBS13 in May.

Now he’s the subject of a child abuse investigation.

“Our investigators did look into the allegation and subsequently made the arrest at the Sutter County Sheriff’s Department,” said Yuba City Police Department spokesperson Ofc. Shawna Pavey.

Police took the report Monday. By Tuesday, McElfresh was facing charges.

Authorities released few details, echoing something McElfresh told us in 2011: “If I give you the specifics, it can compromise what we’re doing.”

A woman who answered the door at his last-known address in Yuba City said she just bought the place a week ago.

Neighbors say he’s married with a daughter, but kept to himself.

“He was pretty much all business, but nice, you know? He always said hello,” said Judy, a former neighbor.

According to his bio, Captain McElfresh is a military veteran who served in Operation Desert Shield and Desert Storm.

He was hired by the sheriff’s office more than two decades ago, and today is one of its highest-ranking members.

McElfresh’s bio also says he spends his free time with his daughter. Police would not say what relationship he has with the alleged victim, confirming only the teen girl — over the age of 14 — Is a relative.

We’re told by police the victim is OK and did not require hospitalization.

It will be up to the Sutter County sheriff whether to keep McElfresh at the county jail or transfer him elsewhere. He is being held on $5 million bail.

Dalton Police officer arrested for child molestation

A Dalton Police Department officer arrested for child molestation was placed on administrative leave nine days ago after allegations surfaced and is expected to be fired.

Daniel Harrison Tolbert, 32, was arrested today and booked into the Whitfield County jail.

Tolbert was placed on administrative leave “immediately after being informed by the Whitfield County Sheriff’s Office and Georgia Bureau of Investigation (GBI) that he was being investigated on suspicion of child molestation,” according to a press release from the Dalton Police Department.

While Tolbert is currently on administrative leave, the city will begin the process of his termination immediately.

“I am very disappointed to hear about this allegation, and upset about the discredit this will surely bring on our department, and officers,” Dalton Police Chief Jason Parker said in the press release. “We would never condone or support the kind of behavior that would warrant this charge ... the men and women of this department hold ourselves to a very high standard of behavior, and we know the community we serve expects our behavior to be beyond reproach.”

Tolbert has served the Dalton Police Department for three months after completing the police academy in September. He was sworn in on Sept. 16. At the time of his suspension, Tolbert was still in the department’s field training program. Because of his status as a trainee, Tolbert was never unsupervised or alone while on duty as a Dalton officer. Probationary trainees ride with an experienced training officer for three phases of field training for at least four months after completing the police academy.

Tolbert is a native of Fayetteville, where he graduated from Lovejoy High School, according to information on the Dalton Police Department blog. Tolbert continued his education, graduating in 2006 with a bachelor’s degree in political science from Fort Valley State University. In 2012, he received a master’s degree in criminal justice from Georgia College and State University.

Before Tolbert joined the Dalton Police Department, he had a law enforcement background. He worked for the U.S. Border Patrol in California and was a jail deputy with the Clayton County Sheriff's Office. Tolbert served in the U.S. Army from 2006 to 2008.

Prosecutor says he was blocked in Fairfax County police shooting probe

Prosecutor says he was blocked in Fairfax County police shooting probe

FAIRFAX, Va. (AP) — Fairfax County's top prosecutor says he was thwarted in his criminal investigation of a fatal shooting by a county police officer by the county's refusal to release records to him.

Commonwealth's Attorney Ray Morrogh, in a letter to a U.S. senator made public Tuesday, said county attorneys refused to release internal affairs records of the officer who shot 46-year-old John Geer of Springfield in August 2013.

The Geer shooting has attracted the attention of U.S. Sen. Charles Grassley, R-Iowa, and others because no decision has been made on whether to charge the officer nearly 18 months after the shooting.

Morrogh said the refusal of the county attorney — a separate office — to cooperate forced him to refer the case to federal prosecutors.

Geer's family has filed a civil lawsuit.

Fairfax Co. will comply with order, release fatal shooting evidence

By Megan Cloherty | @ClohertyWTOP

WASHINGTON – Fairfax County will not appeal to a judge’s order to turn over evidence related to the fatal police shooting of a Springfield man more than a year ago.

In August 2013, an unnamed Fairfax County police officer, responding to a 911 call, shot John Geer, who was unarmed, in the doorway of his home after a more than 40-minute standoff.

The case had idled until Monday when Judge Randy Bellows ordered police to turn over evidence related to the shooting, including the name of the officer who shot Geer.

In a short statement from the county, Tony Castrilli with the Fairfax County Public Affairs Department, says the county will comply with Bellows’ order and will not appeal the decision.

Geer’s long-time partner Maura Harrington sued the county in September for $12 million in order to get answers for herself and Geer’s two daughters, she said at the time.

 “(The family) can finally see a little light at the end of the tunnel,” says Michael Lieberman, the Geer family’s attorney. “Soon they’ll know why a loved one was lost.”

Based on the order, the police department has 30 days to turn over evidence from the case to the Geer family attorneys.

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