This weeks police brutality charges


 
Chattanooga group seeks ways to end police brutality

A group of about 50 people searched Saturday for solutions to end what they say is police brutality in Chattanooga.

Concerned Citizens For Justice called a community meeting after release of a video showing two Chattanooga police officers savagely beating a federal halfway house inmate at the Salvation Army in June. The two officers who beat Adam Tatum were fired but are asking an administrative law judge to order they get their jobs back. It’s possible federal authorities may press charges against them.

“We know the best solutions are right here in this room,” said Ash-Lee Henderson, a Concerned Citizens for Justice organizer, who stood at the front of Eastdale Village Community United Methodist Church, 1403 Tunnel Blvd.

Among the ideas suggested were creating a civilian review board for the police department, educating residents about their rights and offering more legal training for police officers. The group encouraged residents to document encounters with police using cellphones and to get badge numbers.

In attendance were Tatum’s family members, City Councilman-elect Moses Freeman and Yusuf Hakeem, candidate in the yet-undecided District 9 council race.

Their next meeting is tentatively set at 3 p.m. April 6 at the same location.

 

 

 

Homestead police officers fired in brutality cases, cover-up

Two police officers accused of assaulting men outside of Celio's Cuartel Latino bar in Homestead were fired along with another officer who allegedly covered up the incident, a police spokesman said Friday afternoon.

Two police officers accused of assaulting men outside of Celio's Cuartel Latino bar in Homestead were fired along with another officer who allegedly covered up the incident, a police spokesman said Friday afternoon.

The police brutality incident happened nearly three years ago. It involved three officers who were fired in February and suspended with pay in April 2011. They were arrested in July and have cases pending with the Miami-Dade state attorney's office.

Sgt. Jeffrey Rome is accused of kicking a 69-year-old man in the head until he was unconscious and pepper-spraying an undocumented Guatemalan in the face from close range. While Officer Giovanni Soto allegedly beat up another man so badly with a nightstick that he disfigured his face. Meanwhile, Sgt. Lizanne Deegan is accused of failing to report the beatings.

"It is an embarrassment to the police department. It's bad for camaraderie,” Homestead Police spokesman Fernando Morales said. “It's bad for your fellow officers. It's never a good thing."

Morales said that before the firing, the police chief, the city manager and a board of senior officers with the Police Benevolent Association reviewed the evidence and recommended that the officers be fired.

Immigrant farm workers frequent Celio's Cuartel Latino bar. Homestead detectives who were investigating human trafficking caught the attacks on video and took Arcadio Sosa Rodriguez, 69, to a nearby hospital.

According to a warrant Rodriquez spent a night in the hospital and had cuts and bruises on his ankle, knees and elbow.

Rome is also accused of pepper-sprayed another man in the face, handcuffing him to a fence, and sending away an ambulance that the man had called for, according to an arrest warrant.

Soto, who faces a felony battery charge, and Deegan are accused of misconduct.

Rome, 56, is facing felony charges of abuse of an elderly adult and false imprisonment, and a misdemeanor battery charge. Rome, who is a veteran in the department and was on the PBA's board of directors, entered a not-guilty plea last year.

The PBA union has blasted the investigation as politically motivated.

 

 

 

Two Braddock officers suspended after they fight at police station

Two Braddock police officers have been suspended after getting into a fight at the police station late Thursday.

Mayor John Fetterman said the incident occurred about 11:30 p.m., toward the end of their shifts. The officers weren't injured in the "very short" altercation, which Mr. Fetterman described as "over before it started."

"Unfortunately, a line was crossed," he said, adding that the incident will be investigated to find out what caused the fight and whether any disciplinary action should be taken.

Mike Manko, spokeswoman for District Attorney Stephen A. Zappala Jr., confirmed the office is investigating the matter.

Mr. Manko said a Taser was involved in the incident, but he wasn't sure how it was used, as the office had not yet received reports from Braddock police.

Police Chief Frank DeBartolo could not be reached Friday.

The fight ended when the men realized they were behaving inappropriately and another officer in the room broke up the fight, Mr. Fetterman said.

Both men are on hourly pay, so they are now effectively suspended without pay.

Mr. Fetterman stressed that both men are good police officers, noting one saved five people from a fire in Rankin in December 2011. The Braddock officers were responding to the fire because Rankin police were assisting Duquesne police on another incident.

"These are not rogue officers," Mr. Fetterman said. "This is an isolated incident."

 

 

 

Payouts for alleged police misconduct up for council review

Chicago taxpayers likely will pay $4.5 million to the family of a woman fatally shot by an off-duty police detective who opened fire on a man he said had pointed a gun at him.

The proposed lawsuit settlement on Monday's City Council Finance Committee agenda comes nearly a year after Rekia Boyd, 22, was shot in the back of the head by Detective Dante Servin in an alley behind his West Side house.

The committee also will consider a proposed $1.8 million settlement for yet another victim of disgraced ex-Chicago police Cmdr. Jon Burge and $515,000 for a woman injured in a traffic crash with an on-duty Chicago officer.

The settlements would bring to almost $44 million the amount the city has agreed to pay in just the first three months of 2013 to resolve lawsuits alleging misconduct by Chicago police.

Melvin Brooks, the lawyer for Boyd's estate, said Friday that her family was happy to avoid the court case.

"The family and the city were interested in getting this case resolved without years of litigation," he said. "The city recognized they had significant issues with this case. Ultimately, justice would have been delayed."

According to the lawsuit filed by Boyd's family, Servin was driving from the alley behind his home near West 15th Place and South Albany Avenue when he argued with a group of people that included Boyd. The group was walking in unseasonably warm weather at about 1 a.m. on March 21.

At the time, police alleged that Antonio Cross pointed a handgun at Servin before the detective announced he was a police officer and opened fire. The gunfire struck Cross in the hand and Boyd in the head. She died the following day.

Police have acknowledged that no weapon was found at the scene but contended that Cross left the scene for a short time after the shooting. Cross, who was charged with a misdemeanor count of aggravated assault, is awaiting trial.

Brooks said that Cross ran from the scene to flag down a passing squad car a block away and returned to within minutes. Brooks said Servin, the only person to discharge a weapon during the incident, fired about five shots.

"Antonio didn't know he was a cop," Brooks said of Servin. "All witnesses denied hearing Servin (say) ... he was working within the scope of his employment."

The Independent Police Review Authority, which investigates allegations of misconduct by Chicago police officers, referred the case to the Cook County state's attorney's office for possible criminal prosecution. The office declined comment Friday on the matter.

In one of the other proposed settlements, the city would pay $1.8 million to James Andrews, who spent nearly a quarter of a century in prison after he was beaten into confessing to two murders by detectives under Burge's command. Burge is serving 4½ years in prison for lying about the use of abuse and torture on criminal suspects.

 

 

 

 

Officers suspended after inmate beating

COLUMBIA (WACH) -- One Alvin S. Glenn Detention Center officer faces charges in a reported prison abuse case.  The suspect is 37-year-old Robin Smith, who is charged with assault and battery of a high and aggravated nature. A county spokeswoman confirms four other officers are suspended. Those officers reportedly did not inform supervisors about their "use of force" on an inmate that ended up in the hospital four days after the incident. Richland County Sheriff Leon Lott says that Smith kicked the victim repeatedly in the head and side and put his boot onto the victim’s head and neck while pulling the victim’s arm the opposite direction. Captain Curtis Bufford of the Alvin S. Glenn Dentention Center says there are policies and procedures for officers when they have to use force on an inmate. "As a supervisor and a leader, you always ask yourself what did we do, what could we have done, and what must we do in the future," Captain Bufford said. The list of procedures when using force include reports from all officers involved, camera footage, and informing top officials at the detention center. Captain Bufford says "One of our missions is to insure that nobody is any worse off when they leave than they were when they came." Robin Smith is out on bond.

 

 

Former Markham police officer charged with civil rights violations

A controversial former Markham police deputy chief was arrested Thursday on a federal civil rights charge alleging he sexually abused an unidentified person while acting in his official role.

The arrest of Tony DeBois by FBI agents at his south suburban Matteson home marks the third time in as many months that criminal charges have been filed against former or current Markham police officers.

DeBois, 41, wearing unlaced boots and khaki cargo shorts, pleaded not guilty in a brief appearance Thursday in the Dirksen U.S. Courthouse in downtown Chicago. He showed little emotion as his wife and daughters looked on.

Once considered a top prospect to become Markham's police chief, DeBois instead became that town's inspector general after the Tribune reported in 2010 that in the previous six years he had been sued at least 13 times, in some cases on allegations he was abusive. He was sued at least four more times over the next two years before leaving the city in 2012.

DeBois was indicted on charges he violated a person's civil rights on Sept. 23, 2010, through aggravated sexual abuse and unlawful seizure.

Federal authorities would not comment further on the alleged incident that led to DeBois' arrest, and city officials did not return calls seeking comment.

His attorney, Robert Kuzas, told reporters his client "categorically denied" the one-count indictment and called the allegations "a little suspicious" because they stemmed from an alleged incident more than two years ago.

"He's very upset that he was arrested with something he has nothing to do with," Kuzas said.

City attorney Steven Miller said DeBois resigned as a police officer last year and then was dismissed as inspector general. Miller said he was unaware of the criminal investigation into the former deputy chief and did not know of the 2010 incident.

He said city officials reacted with "sadness and disappointment for all the parties involved" when they learned of the charges.

DeBois, who according to a bankruptcy filing earned $130,000 in his first year as deputy chief in 2008, would not be the first Markham police officer to remain on the job after allegedly committing a crime.

Two Markham officers — one of them the mayor's son — remained on the street for two years and were paid more than $250,000 after allegedly being caught stealing money from a warehouse in 2010 while responding to a burglary call, records obtained through an open-records request show.

Darryl Starks, 41, and Andrew Webb, 38, were charged in November with armed violence, theft of property and official misconduct on allegations they stole cash from a Dolton warehouse while investigating the theft of flat-screen televisions. Webb, the son of Mayor David Webb Jr., started out in the town's public works department before being hired on as a police officer.

Kuzas said retaliation from those officers might be a factor in the arrest of DeBois, who headed the Markham Police Department's internal affairs division from 2007 to about 2011.

"If they are the witnesses who I believe them to be, Mr. DeBois has recommended these officers be separated from the Police Department based on their criminal conduct," Kuzas said.

DeBois isn't the first Markham city employee to be accused of sexual wrongdoing. Mark Houser, a former Markham code enforcement officer, was convicted in 2007 of raping a 14-year-old summer intern at City Hall and is serving a 14-year prison sentence

 

 

Police misconduct stains evidence

WORCESTER — Finding that “improper manipulative police tactics” were used by two Webster detectives while questioning a robbery suspect, a judge has precluded prosecutors from using the man’s incriminating statements as evidence against him at trial.

Trent Nicholopoulos, 23, of 38 Prospect St., Webster, is awaiting trial in Worcester Superior Court on an armed robbery charge stemming from the Jan. 13, 2012, robbery of a diamond engagement ring from a woman and her boyfriend at the McDonald’s restaurant on East Main Street in Webster.

Police said the victims, Cassidy Mann and Harvey Jackson, said they were robbed at gunpoint by two men after Ms. Mann offered the ring for sale on Craigslist and arrangements were made to meet with a potential buyer at the restaurant.

Salvatore Albanese, 23, of 42 Prospect St., Webster, who was identified by Mr. Jackson as the man who displayed a handgun and took the ring, was sentenced to 3 to 5 years in state prison July 3 after pleading guilty to armed robbery. Mr. Nicholopoulos was arrested after Mr. Albanese was questioned by police and identified Mr. Nicholopoulos as having been with him at the time of the holdup.

Shown a photo array that included a picture of Mr. Nicholopoulos, Mr. Jackson identified him as the man who was with Mr. Albanese at the time of the robbery. Ms. Mann was unable to identify Mr. Nicholopoulos.

When questioned by Detectives Gordon Wentworth and James Hoover 10 days after the robbery, Mr. Nicholopoulos initially denied any involvement in the robbery, but later admitted that he went to McDonald’s with Mr. Albanese to see some people about a ring. He told the officers he was not armed at the time and did not know Mr. Albanese was going to steal the ring.

Mr. Nicholopoulos’ lawyer, Thomas W. Brousseau, filed a motion to suppress his client’s statements to police, contending false and deceitful statements about the evidence made to Mr. Nicholopoulos by the two detectives rendered his statements involuntary.

Judge Janet Kenton-Walker allowed the motion in a 14-page ruling issued Feb. 12.

“While one mistaken falsehood is not sufficient to suppress an otherwise unobjectionable interrogation, the deliberate falsehoods used by Wentworth and Hoover represent the type of improper manipulative police tactics that, in this case, deprived Nicholopoulos of his ability to make an ‘unconstrained, autonomous decision to confess,’ ” Judge Kenton-Walker said in her ruling, which cited case law.

The judge found that Mr. Nicholopoulos’ “will was overborne” by the officers and said the prosecution had not sustained its burden of proving beyond a reasonable doubt that his statement was voluntary.

Assistant District Attorney John H. Melander defended the officers’ actions in his written opposition to the motion, saying the detectives did not intentionally mislead or deceive Mr. Nicholopoulos. “Furthermore, numerous cases have held that misinformation by police does not necessarily render a confession involuntary, but is a factor to be considered,” the prosecutor wrote.

According to the judge’s ruling, Detective Hoover made a “misleading” statement to Mr. Nicholopoulos during the interrogation that he had been identified by both victims.

Mr. Melander said Mr. Nicholopoulos had been identified “as one of the two robbers” by Mr. Albanese and Mr. Jackson. While it appeared that Detective Hoover may have accidentally told Mr. Nicholopoulos he had been identified by the two victims, that should not be construed as an attempt on his part to intentionally mislead the suspect, the prosecutor wrote.

Judge Kenton-Walker further found that Detective Wentworth falsely told Mr. Nicholopoulos he and Mr. Albanese had been captured on surveillance video from McDonald’s and that independent witnesses had seen the two men running through their yards that night.

In reality, police were unable to identify two individuals depicted on the surveillance video because of its poor quality.

In a footnote to her ruling, Judge Kenton-Walker said Detective Wentworth admitted during a Nov. 26 hearing on the motion to suppress that what he told Mr. Nicholopoulos about what was revealed on the video was not true.

“He also claimed to not recall telling Nicholopoulos about the two independent witnesses, but admitted that if he did say that, it was not true. Wentworth denied that he had misled Nicholopoulos, and described his false statements as interrogation techniques,” the judge wrote.

Mr. Nicholopoulos is being held on $2,000 cash bail. His trial is scheduled for June 24.

 

 

 

 

2 NOPD officers charged in separate alleged beatings of handcuffed citizens

The Orleans Parish district attorney's office charged two NOPD officers on Tuesday in separate incidents of alleged beatings of handcuffed citizens. Both were charged with malfeasance in office and simple battery, said Christopher Bowman, assistant district attorney and spokesman for the district attorney's office.

Both Lt. Michael Field, a 28-year veteran, and officer Jamal Kendrick, who joined the force in 2010, will be placed on emergency suspension without pay starting Wednesday, NOPD spokeswoman Remi Braden said.

Field was charged in the alleged beating of a handcuffed 19-year-old Alabama man during Mardi Gras 2012, an incident that prompted at least two NOPD officers to file complaints with the department's Public Integrity Bureau, Braden said.

Dylan Driggers was arrested on Bourbon Street and detained on a charge of public intoxication. Driggers filed a federal civil rights lawsuit on Feb. 19, alleging that Field and other officers beat him unconscious while he was handcuffed to a bench at the 8th District station in the French Quarter. Driggers was later diagnosed with post-concussion syndrome, requiring medical treatment, according to the lawsuit.

Other NOPD officers witnessed the attack and did not intervene, the suit alleges. Showing off his knuckles, Field later bragged about having beaten Driggers, the lawsuit says. Driggers' suit further alleges that police -- including 8th District Commander Jeff Walls -- orchestrated a subsequent cover-up by possibly destroying surveillance video.

Kendrick, who joined the NOPD in September 2009, was charged in an Oct. 13, 2012, incident in which he was led on a chase by a driver who refused to pull over. When the driver finally stopped, Kendrick handcuffed the driver and was shown on his car's video recorder striking the driver, Braden said. The Public Integrity Bureau investigated that case as well, before handing it over to the district attorney's office.

Lawyers for both police officers defended their clients. "We're disappointed by the news," said Field's attorney Bruce Whittaker. "We are commencing our investigation, and we will defend it aggressively."

"These are mere allegations by the district attorney's office," said attorney Ray Burkart III on behalf of Kendrick. "Officer Kendrick is presumed innocent until proven guilty. We ask that he is given that same right that every other citizen is given."

Newspaper archives show Kendrick was among six officers who were at the fatal shooting of a murder suspect in eastern New Orleans in January 2012. In that incident, the police chased a car containing three suspects in a triple murder at a nearby home.

When the car eventually crashed into a pole, 21-year-old Donald Johnson began firing at officers with a handgun, police said. Officers returned fire and killed Johnson. Two other people in the car were arrested and booked with murder.

An investigation found that Kendrick and his colleagues acted appropriately, Burkart said.

 

 

Corey Parker And Michael Hodges, Former Winston-Salem Police Officer, Charged In Assault Case

Winston-Salem, NC - Two men were charged Tuesday for assaults that happened in Winston Salem in February.

According to investigators, one of the men charged is a former Winston-Salem police officer.

Police said an assault was reported shortly after 1 am February 21 at Burke St. Pub located at 110 Burke St.

Detectives said Evan Lawson and Alan Atkinson were at the pub and got into a "verbal disturbance" with Corey Parker and Michael Hodges, who was an off-duty Winston-Salem police officer at that time. One of the men told police Parker assaulted him at the pub.

After leaving the victims encountered Parker and Hodges again in the parking lot of Burke Street Pizza at 1140 Burke St. That's when police say during that confrontation Lawson was assaulted by both Parker and Hodges.

Both victims received treatment from an area hospital and were released. Lawson sustained a "serious injury" to his face, police said.

Detectives used surveillance video from nearby businesses and witness accounts in their investigation and presented it to the District Attorney's Office.

Hodges formally resigned from Winston-Salem Police Department Sunday after more than two years as a patrol officer.

Tuesday, charges were filed against Parker and Hodges. Parker was charged with Simple Assault on the victim at the pub. Both Parker and Hodges were each charged with Assault Inflicting Serious Injury on the second victim.

Parker was released under a $2,000 unsecured bond; Hodges was released on a $1,500 unsecured bond. Both men have a court date of May 13.

 

 

Dallas Police Officer Suspended for Violent Rap

DALLAS - - A Dallas police lieutenant has been suspended for posting a video of herself online performing a rap song that contains profanities and threats of violence.

Police officials say Lt. Regina Smith, performing as Lucille Baller, "brought discredit to the department."

Smith was placed on administrative leave in November but her disciplinary hearing wasn't held until Friday. Assistant Police Chief Cynthia Villarreal issued a five-day suspension.

Officials say that as owner of the Big Rush In music production company, Smith appeared in uniform on the company website. In one video she displays her service weapon while holding a bullet and "making inappropriate statements."

Smith is assigned to the property crimes division.

Her attorney, Chris Livingston, told The Dallas Morning News that she's served the department with distinction for 25 years.

 

Lafayette responds to federal lawsuit alleging police misconduct

LAFAYETTE, Ind. (WLFI) - The city of Lafayette responded Friday to a federal lawsuit alleging police misconduct.

In November 2011, Tyler Collins was charged with three felonies and five misdemeanors after police say he held his ex-girlfriend in his car against her will, then tried to take an officer's gun while he was being treated at the hospital. After pleading guilty to several charges last summer, he was sentenced to just under 4.5 years in prison, with almost one year's credit for good behavior.

In December, Collins, who is now 24, filed a lawsuit in federal court against Officer Bernie Myers and the city of Lafayette. Collins states that Myers hit him repeatedly in the face and pinned him to the hospital bed while he was confined to the bed with both wrists handcuffed. He states the assault stopped only after a physician intervened.

The city answered the complaint Friday. They deny each of the six counts, stating that Myers was forced to restrain Collins because Collins once tried to grab his gun and once tried to bite him. The answer also states Collins spit bloody saliva into the face and eye of a nurse.

 

Rally held in Mott Haven to protest stop-and-frisk, police brutality

MOTT HAVEN - Bronx residents and people from across New York held a rally in Mott Haven today to protest police brutality and the stop-and-frisk program. The "Stop the Cops" march comes one year after the killing of Trayvon Martin in Florida and Ramarley Graham in The Bronx. The 18-year-old Bronx resident was shot and killed in the bathroom of his home by an NYPD officer. Graham was unarmed at the time of his death. The rally began on 138th Street and ended at 125th Street.

 

Man sues St. Paul, alleging police brutality

ST. PAUL, Minn. — The city of St. Paul is being sued in federal court over an alleged incident of police brutality from 2007.

Gerald Hutchinson, 59, said he was beaten by police after being mistaken for a suspect in the alley behind his St. Paul home nearly six years ago. His lawsuit said he suffered a black eye, lacerations and "emotional harm" as a result of the incident.

According to the suit, he was arrested, detained for "about 3 days" and never charged.

An internal affairs investigation found that Officer David Stokes used excessive force in arresting Hutchinson. The other officers involved were exonerated.

Hutchinson filed his lawsuit just months before the statute of limitations deadline. Attorney Joshua Williams said his client is seeking more than $75,000 in damages.

"I can't give back to him what those officers took from him," Williams said. "I can't get him back his dignity. Based on past experience, I'm not going to get a meaningful apology. We can sue for money damages."

St. Paul has not yet filed a response to the lawsuit. But the City Council will vote next week to hire outside counsel to represent the officer in court. The council's agenda says the city will set aside up to $20,000 for that purpose.

 

Fort Lauderdale settles false arrest lawsuit for $62,500

A Deerfield Beach man wrongly handcuffed and frisked by police in a 2009 undercover narcotics operation will receive $62,500 from the city for false arrest and for violating his civil rights.

A federal district judge last month issued a summary judgment in favor of Jeffrey Dowling, 48, holding the city liable and setting a trial date to determine what the city would have to pay.

Rather than go to trial, commissioners approved the settlement at their Feb. 19 meeting.

"The [major narcotics unit] was following a suspect at the request of the Drug Enforcement Agency (DEA) at the time of the incident and mistakenly believed that the plaintiff was somehow connected to the DEA suspect," City Manager Lee Feldman explained in a memo to commissioners.

The Jan. 6, 2009, incident occurred after federal agents informed police about a drug trafficker in a van with a kilo of cocaine, according to the summary judgment.

Officer Shannon Dameron stopped the van at a Kwik Stop on Hillsboro Boulevard in Deerfield Beach. Dowling's car pulled into the parking lot shortly after the stop and Dameron claimed to have seen Dowling speak to the van's driver, which Dowling denied, according to court documents.

Dameron told Detective Mike Freeley, who handcuffed and frisked Dowling. Dowling and his girlfriend said they had stopped to get lottery tickets at the store after picking up lunch at a nearby Popeye's Chicken.

Federal District Judge James Cohn ruled Freeley didn't have reasonable suspicion to detain Dowling and didn't have probable cause to frisk him. Cohn said Freeley should not have used handcuffs because there was no indication Dowling, who was cooperating with police, was a flight risk or posed any danger.

While Dowling was handcuffed for 20 minutes, the actual suspect was never handcuffed or arrested, the summary judgment said.

"Jeffrey's civil rights were violated and justice has been served," said his attorney, Gary Kollin. "Hopefully, this will never happen again."