Salem police captain’s duties are curtailed


By Steven A. Rosenberg

Salem police Captain Brian Gilligan, who was suspended last month for working extra detail shifts while on city time, will no longer oversee detail shifts as part of his duties, Police Chief Paul Tucker said.
In a review of department policy, Tucker said Captain Mark Losolfo would oversee detail assignments. Tucker also announced that officers could no longer take half days of vacation time to work details. Gilligan, who has worked for the Salem Police Department for 21 years, will still run the department’s Special Operations Division, which oversees planning of events such as Halloween, parades, and the department’s Street Crime Unit.
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Gilligan, who topped the department’s salary list by earning $168,000 last year, could not be reached for comment.
This marks Gilligan’s second suspension as a Salem police officer. According to Tucker, Gilligan was suspended in 2005 for 30 days for having “an improper relationship with a court employee.”
The policy assessment comes just weeks after Gilligan was suspended for five days, and was forced to forfeit 12 vacation days after Tucker concluded that Gilligan may have worked as many as 24 detail shifts over the last year on city time.
In an interview, Tucker said he began his investigation in the spring after some officers questioned Gilligan’s record keeping. Tucker speculated that some of the hours Gilligan worked on detail shifts may have been on comp time — city police hours that Gilligan had previously worked but did not submit for pay — but the work hours were poorly documented.
In a May 29 letter to Gilligan, Tucker said he had warned the police captain to properly submit his work hours. “You should recall my direct warning to ensure you took appropriate steps to use vacation or personal days if you wished to engage in detail work. You should also recall my telling you that if you didn’t properly document your time off that a year or two from now it will appear as if you were double-dipping,” Tucker wrote.
According to Salem police policy, detail officers earn $40 an hour, and once they begin the shift they are paid a minimum of $160, even if the detail lasts less than four hours. Detail shifts are assigned by seniority, and senior officers, such as Gilligan, can work as many shifts as they sign up for. Last year, Gilligan earned an extra $26,352 in detail pay.
“I think there’s a lesson here for everybody, that you have to be circumspect,” said Tucker, who does not believe the practice of working details on city time is widespread.
Tucker also believes new computer software the department plans to purchase will improve the way work hours are recorded, now still done on paper.
Meanwhile, Mayor Kimberley Driscoll plans to conduct a review of the suspension. “I would like an external review conducted of the circumstances leading to this suspension. I believe having a second set of eyes reviewing the facts involved in this matter will be beneficial to my office, the department, and the citizens of Salem,” she said in a prepared statement.
Driscoll also may soon be looking for a new police chief. Tucker is the lone Democrat seeking to replace outgoing state Representative John D. Keenan of Salem. His opponent in the November election is Daniel Morris, a Libertarian candidate and Salem State student.

Earlier this spring, the Salem City Council rejected a proposal by Driscoll to remove the police chief’s post from the civil service system. That proposal would have allowed Driscoll to recruit a new chief from outside the department. According to Tucker, the current civil service post calls for a chief to be hired from within.


Arrested for 'being stupid': What police officer told a man after slamming him against a wall and cuffing him... because he took his parking ticket TOO FAST




By Snejana Farberov

In Chicago, being disrespectful is now apparently against the law.
A video has surfaced online showing a resident of the Second City being arrested during a routine traffic stop after 'reduly' snatching a parking ticket from the hands of an officer.
When the unnamed arrestee demanded to know why he was being handcuffed, the responding officer offered a terse reply: 'for being stupid.'
The cell phone footage shot by the suspect's friend was first shared on Facebook Monday. It has since drawn 341 'likes' and nearly 800 shares.
It was later uploaded by the user TemperVale onto the video-sharing site LiveLeak, where it has been played more than 20,000 times., and counting,.
According to the post that accompanied the video, the incident involved officers from Chicago Police Department's District 4 covering the southern portion of the city.
 The three men in the video were riding in a car together when the driver allegedly parked on a sidewalk and tried to leave, but was stopped by police.   
The clip clocking in at 2 minutes and 41 seconds shows a hulking police officer in a bulletproof vest approach the motorist holding a parking citation.
The cop goes to hand the ticket to the man, who appears upset and abruptly snatches the piece of paper from the officer's hands.
The suspect's brusque gesture enrages the officer, who yanks the motorist by the neck and then slams him against a nearby wall face first.
As he is being fitted with a pair of handcuffs, the driver demands to know why he is being placed under arrest, to which the officer responds: 'for being stupid.'
The man continues to protest, lamenting: 'I got my ID. Now I'm under arrest ?’
The officer appears unimpressed by the suspect’s arguments, and with the words, ‘You like to go to jail tonight? That's fine with me,’ he leads him to the patrol car and places the restrained man in the backseat.
The arrestee’s friend recording the incident makes a last-ditch attempt to reason with police by pointing out that there are more serious crimes being committed in the rough South Chicago neighborhood than a parking violation.
Last-ditch effort: A friend (right) tried to intervene on the hapless motorist's behalf with the officers, but he failed
‘There's people shooting outside,’ the man says off camera. ‘I had a gun pointed at me the other day and you're going to arrest him?’
But the responding officers appear unmoved by these arguments. 
On Facebook, most commenters have sided with the arrested man, calling out the unidentified officer for being a 'bully.'
Leroy Dabbinzz wrote: 'What law did he break? When the cop handed him the ticket he took it too fast? That's a crime? A crime worthy of assault and imprisonment? I think not. If the guy deserved a citation then write it up give it to him and be on your way.’
However, some people came to the officer's defense, saying that the driver broke the law and then decided to 'act tough' for the camera instead of taking up his case in court.

MailOnline reached out to the Chicago Police Department Saturday evening for comment and is awaiting a response.

Bridgeport Police Officers Plead Guilty to Federal Civil Rights Charge



U.S. Attorney’s Office June 10, 2014       •           District of Connecticut (203) 821-3700
Deirdre M, Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that Bridgeport Police Officers ELSON MORALES, 42, and JOSEPH LAWLOR, 41, pleaded guilty today before U.S. District Judge Jeffrey Alker Meyer in Bridgeport to violating an individual’s civil rights by using unreasonable force during the course of an arrest.
According to court documents and statements made in court, on May 20, 2011, officers MORALES and LAWLOR engaged in a pursuit of a van driven by an individual who was suspected of having a firearm and had failed to submit to a traffic stop. After the pursuit, the individual was apprehended in Beardsley Park in Bridgeport. MORALES used his department-issued Taser to incapacitate the individual during the course of his apprehension. Despite the fact the individual was effectively incapacitated by the initial use of the Taser, MORALES deployed the Taser a second time, and LAWLOR kicked the individual several times.
“The use of unreasonable force during an arrest is not only a clear violation of an individual’s civil rights but also gravely undermines the community’s trust in law enforcement,” stated U.S. Attorney Daly. “The overwhelming majority of officers in the Bridgeport Police Department are public servants who dedicate their lives to protecting the public. However, any law enforcement officer who crosses the line during an arrest risks federal prosecution.”
U.S. Attorney Daly stated that the investigation is ongoing.
“Today’s guilty pleas are such an important reminder to those of us who are sworn to uphold the law, that we are not above the law,” stated FBI Special Agent in Charge Ferrick. “Law enforcement officers of this state, and beyond, should rightfully be held to a high standard. Morales and Lawlor’s actions three years ago profoundly undermined that standard and the public’s faith in law enforcement to protect and to serve. It is an absolute honor and privilege to serve a community and the good men and women of the Bridgeport Police Department know that, where so many have served with both pride and distinction.”
MORALES and LAWLOR each pleaded guilty to one count of deprivation of rights under color of law, a charge that carries a maximum term of imprisonment of one year and a fine of up to $100,000.
Judge Meyer scheduled sentencing for September 2, 2014.
As part of their plea agreements, MORALES and LAWLOR have agreed to resign from the Bridgeport Police Department and not seek employment as a police or peace office during any period of supervision.

This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorneys Anastasia E. King and David E. Novick.


Former Schenectady cop sentenced in road rage incident


GLENVILLE -- A former Schenectady police officer was sentenced Tuesday for two misdemeanors stemming from a “road rage” incident last year where he allegedly pointed his gun at a family.
John Hotaling accepted a plea deal requiring him to serve six months of probation, perform 25 hours of community service and undergo anger management. He also must surrender any firearms for six months and may reapply for a permit next year.
Hotaling maintained he never pulled out his weapon. In court, the district attorney’s office also cited a lack of factual evidence. Hotaling declined to comment after court and referred CBS 6 to his attorney.
“Had we gone forward on the criminal side, I don't think they would have been able to secure a conviction beyond a reasonable doubt,” said Andrew Safranko, Hotaling’s attorney.
Under the terms of the deal, Hotaling must resign or retire from the force. Safranko said Hotaling had already put in his retirement papers effective June 30. Hotaling will still receive his pension for the 20 years he served the department. The court does not have the power to take away pension.
“He was a very good police officer for 20 years. He was an impeccable police officer and he certainly never intended on retire at the 20 year mark,” said Safranko. “He wanted to retire 10 or so years [later].”
Safranko initially said after six months Hotaling could potentially work for another police department, but District Attorney Jim Murphy said it would not be possible under the terms of the deal.
The victim in the case, Jeffrey Arnow, attempted to address the court before the plea deal was accepted, but was denied. Arnow said he wanted the judge to reject the deal.
“It's ridiculous. What can I say?” said Arnow. “Justice has not been served. The common person was let down again. Once again we have a police officer walking away from what was wrong.”



Two Baltimore cops Suspended After Allegedly Slitting Dog's Throat


Two police officers in Baltimore have been suspended after authorities say they slit the throat of a Shar-Pei that had broken free from her owner's backyard and that had reportedly bitten a stranger. The dog, Nala, was seven years old.
The dog belonged to Sarah Gossard, who told police that Nala had slipped through a gate in her backyard, after which it was discovered by a woman who tried to get the dog home. The dog then reportedly bit the woman, resulting in a superficial wound. The woman then called police.
According to the charging documents in the case, Officer Thomas Schmidt and Officer Jeffrey Bolger responded to the call.
As Bolger got out of the police truck, a witness overheard him say, "I'm going to [expletive] gut this thing," the police report said.
Schmidt and Bolger struggled to get the dog under control, and Palmere said they had the dog restrained, tethered to the dog-control pole. Witnesses told police Schmidt held the dog on the ground while they saw Bolger slit its throat.
Police said that the knife used wasn't issued by the department. Officer Schmidt was placed on paid administrative leave while Officer Bolger, who is allegedly responsible for killing the dog, was released on "his own recognizance Thursday morning after being charged the night before with aggravated animal cruelty, animal cruelty and malfeasance in office." He has been suspended without pay.
Police spokesman Lieutenant Eric Kowalczyk revealed that the investigation is still ongoing.

"Internal affairs is continuing the investigation into the specifics of the incident," police spokesman Lt. Eric Kowalczyk said. Other officers who were at the scene are being questioned about their involvement, police have said, and internal investigators are trying to determine why police commanders only learned of the dog's death Monday, two days after it occurred.


Jury Finds Suspended Opa-locka Officer Guilty Of False Imprisonment, Tampering



MIAMI (CBSMiami) – A jury found suspended Opa-locka police Sergeant German Bosque guilty of felony false imprisonment and tampering with a witness, but found him not guilty of battery.
The jury deliberated for about 2 hours Thursday night before convicting the so-called “dirtiest cop in Florida” on two out of three charges.
“I’m hurt obviously, disappointed, surprised, very surprised,” Bosque told CBS4 News reporter Gaby Fleischman after the verdict. “I’m dubbed the dirtiest and most corrupt, it’s just been out of control.”
Watch Gaby Fleischman’s report, click here.
Bosque, who has been fired a total of eight times by three different agencies, six times by Opa-Locka alone, was arrested for a 2011 incident in Opa-locka in which he allegedly punched a man during a domestic disturbance call.
When Korey Davis tried to go to the police station and file a complaint, Bosque forcefully removed him from the department’s lobby, handcuffed him and placed him in a holding cell for 14 minutes.
Bosque did not threaten Davis with arrest until after Davis tried to file the complaint against him.
Bosque declined to testify in his defense, but maintained his innocence and stood by his actions after the verdict was read.
“You make a bad decision you should get written up, suspended, terminated, as is happened to me in the past and I’ve been able to fight for that, but to get arrested for making the decision,” he said. “What’s important for everybody to know is I’m against bad police men, I’m against dirty cops, I stand on the beside of good officers that are out there.”
The prosecution said they stand by the jury’s verdict.
“It’s just never a good day when you have to bring down a police officer because we expect them to protect us, so it’s kind of bittersweet,” said assistant state attorney Sandra Miller-Batiste.
Bosque’s defense attorney said they plan to appeal.
A judge allowed Bosque to remain free on bond under house arrest until his sentencing hearing. He could face a maximum of 10 years in prison.
The judge also withheld adjudication on the false imprisonment charge, and said he would review the evidence.
“Besides the community to answer to, I have a son, a baby to answer to, my family,” said Bosque. “I like the person in the mirror so one day almighty god, so I know nobody could tell me: ‘GB how could you?’”
During the trial, the defense called only two witnesses. Former Opa-locka Police Chief Cheryl Cason testified that Davis called her as Bosque was trying to get him to give up the child he was holding in his lap in the car.
“Let the child go to bed,” Cason recalled telling Davis. “It’s late, Korey, we can deal with this tomorrow.”
Cason said she eventually directed Bosque to take the child.
“I told him to get the baby, give the baby back to (the mother), and that you could arrest him for obstruction.”
Cason thought the threat of arrest would persuade Davis to surrender the baby.
While Cason helped corroborate Bosque’s claim that he was acting under orders, she also bolstered Davis’s claim that the cop slugged him in the face.
Over the cell phone, the Chief said she heard Davis say, “you hit me in the face.” She then heard someone say “nobody hit you.”
Cason said when Bosque called her from the police station to report that Davis had gone there to file a complaint, the officer made no mention of having handcuffed Davis and putting him in a holding cell.
“Bosque said ‘he wants to file a complaint.’ I said ‘let him file a complaint. To arrest him would seem retaliatory.’”
The chief said she directed Bosque to see that someone took Davis’s complaint, but Bosque didn’t do that, escorting him from the station instead.
Joanna Flores, the mother of the child at the center of the domestic call, testified that she asked Davis to give her the baby repeatedly and he refused, and attempted to back into her when she tried to get into the car.
Other officers who were on the scene have testified they didn’t believe Flores’s claim, didn’t think Davis had committed a crime and the issue was a custody dispute, not a police matter.
On Wednesday the alleged victim, Davis, was cross examined by the defense attorney, who got him to admit he refused police orders to hand over his son at the domestic call scene. Davis, a city employee, even conceded that he was on his cell phone with then Police Chief Cheryl Cason, who told him he should hand over the child, over whom he had no custody rights.
Bosque has a checkered past with the police department. During his career there, he’s been fired, then re-instated, eight times. The last time the city fired him, October 2012, Bosque faced a number of allegations including:
•           Busting a handcuffed suspects skull
•           Beating juveniles
•           Caught with drugs and alcohol in his squad car
•           Ripping off suspects
•           Falsifying reports
•           Participating in an unauthorized chase where four people were killed
•           Calling in sick from Cancun.
Bosque says he has been wrongly portrayed in the news.
“Anybody who doesn’t know me or know about the case exactly, they hate me. I hate myself when I read what the media says about me, and it’s not true.”


Experts discuss likelihood of conviction after former police officer charged with manslaughter


WEST VALLEY CITY, Utah — Now that a former West Valley City Police Department detective has been charged in connection with the death of Danielle Willard, some believe the District Attorney will have a hard time winning the case.
It’s rare for a police officer to be charged for an on-duty shooting in Utah. Also, FOX 13 News found that in the last decade, three Utah officers who were charged had their cases dismissed for various reasons.
Salt Lake County District Attorney Sim Gill doesn’t believe Shaun Cowley intended to kill Danielle Willard almost two years ago but that Cowley acted recklessly. And Gill says the facts show Cowley’s life wasn’t threatened. Cowley disputes that. If convicted, he could serve one to 15 years in prison. However, defense attorney Greg Skordas thinks it would be tough for the D.A. to land a conviction.
“Just the whole idea of prosecuting a police officer for doing something in the line of duty, it’s very difficult for a jury,” Skordas said.
“You have to prove that they were reckless in making that split second decision,” added Juan Becerra, head of investigations with Korr Defense Group.
Becerra spent more than 20 years with the FBI and at one point he was investigated for an officer-involved shooting. He questions whether Shaun Cowley can get a fair trial, given all the publicity.
“If this was a private citizen involved in a shooting, would we be showing diagrams? Would we have press conferences prior to charging an individual like this?” Becerra said, acknowledging that federal law enforcement handles cases differently from local jurisdictions.
Becerra said police procedures, especially use of force, and the science behind the shooting will be closely examined as the case moves forward. Meanwhile, it’s not the first time Sim Gill has criminally charged a police officer.
Back in 2011, another former West Valley City officer, Jared Cardon, was charged with reckless endangerment for shooting at a driver who tried to flee after a traffic stop. The D.A. later dismissed the charge, saying expert testimony the case hinged on, had changed.
Now the question is: Can Sim Gill successfully prosecute the Cowley case?
“I see a long road to a conviction if we’re going to be able to prove his state of mind, his recklessness and his reckless disregard for human life,” Becerra said.

Gill said he stands by the case and that detectives from three police agencies unanimously felt the manslaughter charge was warranted. The Utah Fraternal Order of Police believes Cowley has been treated unfairly. Now, a jury will decide who to believe and if Cowley should serve time in a case that could take up to a year to resolve, Skordas said.


Suspended officer mandated to submit DNA



By Ed Drantch

BUFFALO, N.Y. (WIVB) – The Erie County District Attorney is looking to find how an off-duty police officer was involved in a brutal assault case at a Buffalo bar on May 11th that left an air guardsman in a coma.
State Supreme Court Justice John Michalski signed an order, mandating suspended Buffalo Police Officer Rob Eloff submit a DNA sample. That sample could potentially connect Eloff to evidence taken from Mollys Pub, the night Tech Sgt. Bill Sager was assaulted.
Jeff Basil, the manager of Mollys Pub, is accused of first-degree assault. His bail was reduced Friday and he was released. Basil is accused of pushing Air National Guardsman Bill Sager down the steps, causing critical injuries and leaving Sager in the ICU.
Prosecutor Christopher Belling says both Eloff and Jeff Basil were there when a surveillance feed was disconnected, early Sunday morning, May 11th. That was after Sager was allegedly pushed down the stairs, by Basil.
Belling said, “Therefore, we swabbed all the connectors and that material is being processed at this time. In order to complete the processing, we need a known sample from Mr. Eloff and that’s all we’re requesting at this point in time your honor, is that Mr. Eloff be directed to give a buccal sample.”
The buccal sample is taken from the inside of the cheek.
Defense Attorney Herb Greenman says because there was no lab report saying DNA was found on those connectors, there is no reason Eloff, who was not in court, should have to submit this sample.
“The people indicate that Mr. Eloff was sort of in the area where something might have taken place,” said Greenman. “A person’s mere presence in the area is insufficient to establish probable cause, it’s not an issue of proof beyond a reasonable doubt.”
With Michalski’s ruling, Eloff will be tested Monday. Basil, who was released on bail, Friday, has already submitted a DNA sample.
The investigation into the Mollys Pub assault continues. So far, Basil is the only person charged in the assault.
District Attorney Frank Sedita says, typically, DNA samples are submitted voluntarily, but Eloff has not voluntarily submitted anything.



Guilty Pleas In Police Brutality Case



BRIDGEPORT, Conn. (AP) _ Two police officers accused of violating a man’s civil rights by using unreasonable force, kicking and stomping him in an encounter captured on a videotape, plead guilty on Tuesday.
Elson Morales and Joseph Lawlor pleaded guilty in Bridgeport to deprivation of rights under color of law.
The video showed police officers kicking and stomping Orlando Lopez-Soto after he was shot with a stun gun and fell to the ground in Beardsley Park in May 2011 following a car chase. It’s unclear who recorded the video, which was posted online.
Prosecutors said Morales used his stun gun a second time after the man was effectively incapacitated and Lawlor kicked him several times.
“The use of unreasonable force during an arrest is not only a clear violation of an individual’s civil rights but also gravely undermines the community’s trust in law enforcement,” U.S. Attorney Deirdre Daly said.
The investigation is ongoing, she said.
Morales, 42, and Lawlor, 41, agreed to resign from the Bridgeport Police Department. They each face up to a year in prison when they are sentenced Sept. 2.
Morales’ attorney, Michael Fitzpatrick, said he has “accepted responsibility for his role in the matter.”
“We are prepared to proceed to sentencing with the hope and expectation the court will impose a sentence that’s fair and just to all parties involved,” Fitzpatrick said.
A message was left for Lawlor’s attorney.
The city recently settled the case by agreeing to pay $198,000 to Lopez-Soto.
Lopez-Soto said in his lawsuit that he was motionless on the ground and not resisting when the officers kicked and stomped him. He said he suffered pain, a bad cut to his lip that left a scar, body and face contusions and a fracture to his hand.
All three officers seen in the video, which surfaced in January 2013, were placed on paid administrative duty pending a police internal affairs investigation. NAACP leaders at the time called on police officials to arrest and fire the officers.
Lawlor wrote in a police report that Lopez-Soto struggled with officers after falling to the ground when Morales zapped him with a stun gun. Lawlor said Lopez-Soto was wearing a gun holster on his belt, and officers later found a loaded handgun and drugs in Lopez-Soto’s van.
Lopez-Soto pleaded guilty to drug and gun charges in July 2012 and was sentenced to five years in prison.
The third officer, Clive Higgins, has not been charged. His attorney declined to comment.
Lopez-Soto agreed with the disposition of the case, said his attorney, Robert Berke


Family organizes march against police brutality in Kingsland


Officer's conduct is under review, but police chief supports him

Author: Joy Purdy

KINGSLAND, Ga. -
A family in Georgia claims police brutally beat a loved one during his arrest last month, handcuffing him and then using a Taser on him.
But the Kingsland Police Department said 27-year-old Centauris Simon struggled with police, even after being handcuffed.
Simon's family was so angry that family members planned a march to coincide with Kingsland's City Council meeting Monday night, walking from the site of Simon's run-in with Kingsland police to the public council meeting at City Hall.
Next week, the police department's use of force board will review the case and determine whether Officer Douglas Wellner used excessive force.
Mary Matthews said Wellner stunned her her nephew with a Taser in the head and body several times while he was handcuffed.
“The way he was treated was unjustified and if we continue to let this happen in our community it will continue to happen,” Matthews said.
She and the group addressed the city council on Monday during its regular meeting.
“I stand before you tonight not to condone my nephew's behavior but to ask that the behavior of Officer Wellner is investigated,” Matthews said to the council.
Kingsland Police Chief Darryl Griffis said Simon's arrest didn't go down that way, and he said he's given Simon's family proof of that.
“They have all the material that I have as of today regarding the investigation,” Griffis said. “That's including the investigative file as well as three in-car videos and audio footage of the incident.”
Griffis said the story Matthews and others told council members was not a complete account.
He said Simon fought with Wellner and at one point, was on top of the officer, even biting him.
“He was resistant throughout the whole face of this whole ordeal,” Griffis said. “When he ran, Officer Wellner pursued him for basically three city blocks. Mr. Simon tried to further escape by jumping into the open door of a civilian car.
“He was bitten twice. The defendant picked him up and slammed him down on the ground. He had bruises across the waistline where his gun belt rides on his waistline, and he was bruised there. And he has a few injuries about his face.”
Griffis said Kingsland police had been looking for Simon for about a year on arrest warrants for eight separate felony counts. He said his own preliminary finding is that Wellner did not violate any policy of procedure.



Attorney Weighs In On Excessive Force Charges Against Buffalo Police Officers


BUFFALO, N.Y. -- Three Buffalo police officers have been charged with using excessive force and conspiring to use excessive force while acting as a law officer. "I would say that these officers have a lot to think about. These are serious charges. They all have decent lawyers. They're presumed to be innocent unless proven guilty," said John Elmore.A grand jury returned a five-count indictment last week against Greg Kwiatkowski, Raymond Krug, and Joseph Wendel. The indictment stems from an incident that took place on May 31, 2009, involving four teens. "The allegations here are these 17-year-old teenagers were arrested. At least one of the police officers used a BB gun and shot one of the youths in the leg. And while the youths were in the police car, they were punched and then taken to the police station, where they were subject to further physical abuse," said Elmore.Elmore is no stranger to police brutality cases. He once served on a panel created by the state attorney general to hear claims of excessive force and police misconduct in Niagara Falls. He says for the grand jury to return an indictment means there's strong evidence to support the allegations. But getting a conviction could still be a challenge."One of the difficulties in prosecuting a police officer is what's known as the ‘blue wall of silence.’ There's an unwritten rule among police officers in many police departments that a police officer will not testify against another police officer accused of wrongdoing or misconduct," said Elmore.Elmore says the one thing that has broken that wall is technology. A cell phone recording of a Buffalo police officer hitting and kicking a suspect resulted in several officers being suspended and one officer resigning earlier this spring. Elmore says these officers are the exception, not the rule."Ninety-nine percent of our police officers are good, hard-working police officers that do their job to protect and to serve the public, and those that don't do that and those that harm the public violate peoples' civil rights. They deserve and should be prosecuted," said Elmore.The three officers are scheduled to be arraigned Monday





Trial debates police actions


A federal jury is hearing arguments on a man’s claim that Cottage Grove officers violated his civil rights

By Jack Moran

  A federal jury began hearing evidence Monday in a civil rights trial stemming from a man’s claims that he was beaten and wrongfully arrested by Cottage Grove police officers who confronted him while investigating a burglary report.
Charles Duncan, an attorney for Matthew Waggoner, told jurors in U.S. District Court in Eugene that his client is entitled to more than $624,000 in damages to cover medical bills and lost income, and for having his constitutional rights violated by police.
Waggoner claims that police involved in the incident tackled him, causing him to suffer a serious knee injury. He alleges that one of the officers kicked him in that same knee while escorting him to a jail cell.
He spent four days in Cottage Grove’s city jail on charges of disorderly conduct and resisting arrest. The charges were later dismissed, and he was not prosecuted for any crime.
An attorney representing police in the case, meanwhile, said the officers who used force to take Waggoner into custody handled the situation appropriately.
“They did what they were supposed to do,” attorney Robert Wagner told the jury while making an opening statement in the trial.
Wagner said Waggoner was drunk and fought with officers who approached him. Police deny Waggoner’s claims that the officers struck him with a nightstick and used a stun gun while placing him under arrest.
The incident occurred after four officers arrived in the 1000 block of Adams Street on the afternoon of Dec. 15, 2010, to investigate a burglary report. They found Waggoner walking in the area, and confronted him.
Duncan gave the jury the following account to explain why Waggoner was in the area that day: He said Waggoner had stayed overnight at a woman’s home in the neighborhood, and that the pair drank alcohol together in the hours before the woman fell asleep and Waggoner decided to return to his own house.
Waggoner locked the door behind him as he left the woman’s home, but then discovered he had left his cellphone inside. He was trying to find a way back into the house when a neighbor called 911 to report a possible burglary.
“He only wanted his cellphone back,” Duncan told jurors.
Waggoner claims police were immediately aggressive with him and that he didn’t immediately identify them as officers.
But Wagner, the attorney representing police, said it was daylight when the incident occurred, and that Waggoner “was completely uncooperative” and resistant when the officers tried to detain him in order to determine whether he had tried to break into the woman’s home.
Once he was handcuffed and placed in a police vehicle, Waggoner banged his head against a window and kicked at the doors, Wagner said.
The four officers involved in the incident are Tami Howell, Jarrod Butler, Doug Skaggs and David Burgin.
Waggoner initially alleged in his lawsuit that police had refused to provide him medical treatment at the jail, but Duncan told jurors that he would not attempt to prove that claim. Waggoner also had accused an officer at the jail of using a racial slur referring to his Japanese ancestry, but his attorney did not mention that allegation while making his opening statement.
The trial continues today, and is scheduled to wrap up by Thursday.




Akron activists claiming police brutality


William Pryer's daughter claims he will need surgery due to three fractured facial bones and a busted eye socket.
Activists allege Akron police brutality, police tell a different story Akron.
Some Akron community leaders are saying that the case of police brutality involves an elderly man in their city.
They allege when police arrested William "Yogi" Pryer at his home, there was unnecessary force used by the two officers responding to the call.
Pryer's daughter, Tisha Jerels, claims the man will need surgery due to three fractured facial bones and a busted eye socket.
The allegations stem from a dispute over the possession of a trailer. Pryer, who police say is 66, allegedly took a woman's trailer and then wouldn't speak with police when they came to inquire about the incident. Officials say the trailer was registered to the woman who complained.
According to the police report, two officers went to the home to meet the woman who called in about recovering her property.
When they got there, Pryer's fiance said he was resting and didn't want to speak; however, Pryer allegedly came to the balcony. Once he appeared, police say he told them he would speak with the woman on Monday about the property.
At that point, police say they requested Pryer talk with them about the incident. When Pryer became uncooperative, officials report they went inside.
Jerels previously told Channel 3 News that her father owns concession stands and rents trailers. Jerels alleges Pryer was simply reclaiming the trailer because the client had not paid him for it and that police did not have permission to enter his home because he was not in the wrong.
Police concede they did not have a warrant but had permission from Pryer's fiance to enter the home.
Both parties say the incident that left Pryer bloodied and bruised happened in the bedroom.
The Stop the Violence Akron movement president say police beat up Pryer.
"They entered his home ... and went in his bedroom and started to beat him ... and if his fiance hadn't said ... 'Stop, you're going to kill him' ... they probably would have killed him," Darrita Davis tells Channel 3's Hilary Golston.
However, Akron police Lt. Rick Edwards claims Pryer resisted police, and that's why officers had to use force in restraining him.
Edwards claims Pryer was accidentally caught on the side of the face with an officer's upper arm and that his officers called the paramedics. He says the man was only treated for a bloody nose.
"We're not out here just beating people up," Edwards said. "We're out here doing what we need to do. ... There were some actions on Mr. Pryer's part that created some of this altercation."
Police aren't saying Pryer won't be charged, but he hasn't been yet.
Golston spoke with Pryer twice over the phone.
He's not talking on camera on the advice of his attorney, who says Pryer is not well enough to be interviewed per doctor's orders.
Family members were also subsequently asked not to speak with the media.
Golston also spoke with the woman named in the police report. She does not want to be identified but corroborates what police say about the trailer belonging to her. The unidentified woman called police on Pryer.
The officers are still working and have not been put on administrative leave.
A rally was held Tuesday outside of Pryer's home to call attention to the issue of police brutality.



Prince George’s cop arrested after pointing gun at motorist in Anne Arundel



On June 10, 2014, at approximately 6:58 a.m., officers from the Northern District responded to a parking lot in the 700 block of E. Ordnance Road in Curtis Bay for a report of an individual with a gun.
Upon arrival, officers spoke with the parties involved, the 47-year-old male victim and the suspect, identified as off-duty Prince George’s County Police Officer Joey Torres. Officers learned that the victim was traveling on I-97 when he observed a Chevrolet Equinox being operated by Torres in the left lane passing traffic. The victim moved behind the vehicle to keep up with traffic. The victim reported that the suspect slowed his vehicle down, resulting in the victim passing him. After a short distance, the victim reported that the suspect started driving behind him and following him. The victim later traveled onto I-695E to get to Ordnance Road when he observed the Equinox behind him again. At that time, the victim pulled his Volkswagen Passat into a parking lot in the 700 block of E. Ordnance Road and the suspect followed him into that lot.
At one point, the victim went to turn his vehicle around to exit the parking lot, but the suspect used his vehicle to block him from leaving, exited his vehicle and retrieved a gun from the trunk of his vehicle. According to independent witnesses, the suspect approached the victim’s vehicle in an aggressive manner, stepped in front of the victim’s vehicle and pointed his gun inside the vehicle. The victim was ultimately able to drive away. The suspect attempted to follow the victim’s vehicle on foot. The victim eventually drove out of the parking lot to another location, where he waited for the arrival of police. According to the victim, at no time during this incident did Mr. Torres identify himself as a police officer.
While on scene, Anne Arundel County Police Officers confirmed that Mr. Torres was an off-duty Prince George’s County Police Officer and they took possession of his departmental service weapon, a loaded Smith & Wesson M&P 40 handgun.
Mr. Torres was arrested and transported to Northern District where he was charged with first degree assault, second degree assault, reckless endangerment and using a firearm in the commission of crime of violence. Mr. Torres appeared before a court commissioner and was later released on his own recognizance.


Gwinnett police officer arrested following incident with handgun


By Tyler Estep

LAWRENCEVILLE — A now-former Gwinnett County police officer was arrested Sunday following an incident involving a handgun and a witness to a crime.
Ryan Christopher Head, a five-year veteran of the Gwinnett County Police Department, was arrested Sunday and charged with simple assault and disorderly conduct, both misdemeanors. He was released on bond the same day and resigned in lieu of termination, police spokesman Cpl. Jake Smith said.
Head’s arrest stemmed from the department’s investigation into a Saturday vehicle accident.
According to police, Head was a passenger in the at-fault vehicle during a hit-and-run. A witness reportedly called 911, followed the vehicle and blocked it in in a nearby cul-de-sac.
“Witnesses reported that Head exited the vehicle, produced a handgun and tapped on the witness’ window with it,” Smith said. “There was no physical confrontation, no shots were fired, and the weapon was not pointed directly at any person.”
According to warrants obtained by the Daily Post, that incident happened between 10 and 10:15 p.m. on Great Oaks Drive, a residential street just off Webb Gin House Road near Lawrenceville. Further details about the hit-and-run — including the nature of the crash, the location and the identity of the driver — were not released Monday.
Smith said Head was “verbally belligerent” but did not physically resist arrest by fellow GCPD officers.
“(Expletive) you,” Head told a responding officer, according to warrants. “Don’t (expletive) with me. I’m a (expletive) cop.”
Listed as an Auburn resident, Head was booked into the Gwinnett County jail at 12:21 a.m. Sunday and released about eight hours later on $3,700 bond.
“Per Gwinnett County’s Merit Rules, Head was served with a letter noting the department’s intention to terminate his employment on Sunday, June 1, 2014,” Smith said in a news release. “He resigned in lieu of termination.”
Smith said no further information would be released Monday. Initial incident reports were not yet available.
The investigation is ongoing and officials said the Georgia Peace Officer Standards and Training Council would be “notified of this arrest and the results of the investigation.”


Charges held to court for Baltimore cop charged in York County shooting


By Steve Marroni

DALLASTOWN – When David Hohman pulled up to an apartment building on the 300 block of Brentwood Drive in York Township, he hadn't yet come to a stop when he saw Baltimore Police Officer John E. Torres pull out his glock firearm.
"He pulled out his service weapon, and shot through the windshield," Hohman testified at the preliminary hearing held Monday for Torres, who faces charges of criminal attempt at criminal homicide and aggravated assault after the April 29 shooting.
When that first round was fired, Hohman felt something – a bullet or a shard of glass – graze his head, and blood gushed into his eyes as he ducked down into his car for cover, he testified.
But Torres, 33, fired again, striking the front of Hohman's Nissan. After a short pause, another shot came through the driver's side door, and tore through Hohman's legs, he testified.
Hohman closed his eyes, covered up, and told the court he could hear Torres at the door, unloading his gun on him.
"I heard gunshot after gunshot, and I got hit all over the place," Hohman, who was brought into the courtroom in a wheelchair, said.
Hohman was struck six to eight times in the arm, legs and abdomen, and Magisterial District Judge Scott Laird found there was enough evidence in the shooting case against Torres to bound the charges over to York County Court.
Under questioning from York County Senior Assistant District Attorney Kelley Nelson, Hohman said he went to the apartment that day with the intent of telling Torres' wife about an inappropriate relationship he said Torres was having with his own wife. Public Defender Caty Houtman, however, was building the case that Torres may have thought Hohman was coming after him with a gun, noting Hohman had sent text messages to Torres saying he was, "not someone to [expletive] with," and telling Torres he was coming to his home.
According to Hohman's testimony, he and Torres had worked together at a grocery store in Maryland where Torres had a second job doing security. While working there, Hohman discovered Torres was having what he testified was an inappropriate relationship with his wife, and in January, had asked Torres to break it off.
But Hohman found out later that Torres was sending text messages to a mutual friend, asking about Hohman's wife, according to testimony, so Hohman said he intended to drive from Baltimore to Torres's home to tell Torres' wife about the situation.
Just as he was arriving, though, Torres was walking out of his apartment building, in uniform, and on his way to testify in a court case. When they saw each other, Hohman said he gave a slight wave, and that's when Torres pulled out his gun, and began firing.
According to court documents, Torres told investigating officers he had fired at Hohman because he was fearful Hohman had a shotgun, and was going to kill him. When Torres' attorney asked Hohman if he owned a gun, Hohman said "no," but when she asked if he owned guns previously and they had been taken away from him, the prosecution raised an objection, ending that line of questioning.
York Area Regional Police Detective Trent E. Buschman testified on Monday, as well, and said Torres was one of several people to call 911 after the shooting. The detective said Torres had fired all 14 rounds from his gun at Hohman, and most of the bullet holes were in the driver's side door.
Torres is to appear in court next for his formal arraignment on July 11.


Hearne Officer Fired After Killing 93-year-old Woman Suspended Twice By Bryan Police


BRYAN - The former Hearne police officer who was fired after he shot and killed a 93-year-old woman was suspended twice during his nearly three years with the Bryan Police Department.
According to Stephen Stem’s personnel records obtained by The Eagle , Stem was placed on a 90-day suspension in July 2011. The reason for the suspension was an incident in February of that year that ended with Stem pointing a gun at a bystander and a suspect while another officer was in his field of fire.
Stem responded to a 911 call about people fighting and driving recklessly, even though he had not been dispatched. Stem responded with lights and sirens, traveling at speeds up to 85 mph along Texas Avenue, which is more than double the speed limit.
As he approached the suspect’s car, Stem exited his patrol car holding his gun and pulled the suspect out, causing the vehicle to roll into the car in front of it. The suspect was not "posting an immediate threat of death or serious injury" to warrant use of force.
Compounding matters, Stem did not file a use of force report as required by the department anytime a gun is pointed at a person.
"Your entire involvement in responding to the call on February 20, 2011, is conduct prejudicial to good order," Chief Eric Buske wrote in a departmental memo. "You began by engaging in emergency operations without supervisor approval and the call in issue did not rise to the level of engaging in emergency operations. You then continued engaging in emergency operations without your emergency lights or siren and turned your in-car video off to hide your conduct."
When deciding to suspend Stem for 90 days, Buske wrote he considered 10 "events concerning (Stem’s) employment with the Bryan Police Department that I consider to be aggravating, thus warranting a more severe penalty."
Stem was fired by the Hearne City Council May 10, four days after shooting Pearlie Golden outside her home. The case is still under investigation by the Texas Rangers and will be presented to a Grand Jury.

Stem spent a year with the Lott Police after resigning from Bryan PD, before joining the Hearne Police Department in July 2012.