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.

Bicyclist arrested by Fort Lauderdale police calls takedown excessive

Christina Vazquez

FORT LAUDERDALE, Fla. -

Have you seen it?

The YouTube video of a Fort Lauderdale police officer tackling a bicyclist during a critical mass event has gone viral.

Police said Dan Littell was violating traffic laws, refusing to pull over and blocking a patrol car with his bicycle before saluting officers with his middle finger. He's now facing several charges to include resisting without violence.

The accountant from Fort Lauderdale claims he was trying to slow down the rate of speed of passing officers and said the arresting officer used excessive force.

Here's what the person who posted the video on YouTube had to say about the incident:

"I was the individual who taped this incident. It is unfortunate that this cop brought him down the way he did, but Dan Littell (biker that gets tackled) did not obey police instructions to stop and pull over for about a mile. He kept riding and eluding the police. Although the way that the cop brought Mr. Littell down seems totally unnecessary, he brought that upon himself. We kept screaming at Mr. Littell "Just stop and pull over!!!" But he was in such an adrenaline rush that for some reason believed he could outrun the boys in blue. Walking, biking or driving, if a cop says pull over you pull over … or else!!!! Good Luck Dan."

Police also claim Littell was taunting officers while placing other bicyclists in harm's way.

"At times the defendant would motion as if he was going to move out of the way and would then swerve back in the lane in an attempt to get me to strike with my patrol vehicle," the arrest report said. "The defendant then said 'go ahead and hit me.'"

Littell told Local 10 he is seeking legal consultation before filing a formal complaint with the police department.

LI cop accused in beating free on bail

A Long Island police officer is free on bail after pleading not guilty on Tuesday to beating a man during a routine traffic stop in April.

Nassau County Officer Vincent LoGiudice, 34, faces two counts of assault in the second degree and assault in the third degree.

LoGiudice pulled over Kyle Howell, 20, in Westbury due to a cracked windshield.  In security video taken from outside a store, LoGiudice and his partner, Officer Basil Gomez, are seen striking a man believed to be Howell repeatedly with such force that the vehicle shakes.

Howell was charged with assaulting LoGiudice and his partner, Officer Basil Gomez, tampering with physical evidence, resisting arrest and criminal possession of a controlled substance. Police said Howell tried to swallow a bag of marijuana.

A judge dismissed the criminal charges against Howell in May based on a recommendation from the district attorney’s office.

"You cannot judge this case by that video because that video does not show what was going on inside that car," said defense attorney William Petrillo.

Attorneys for Howell say they have filed notice they intend to sue the county police department over the alleged assault.

Judge finds Covington cop guilty of simple battery for using Taser on arrestee

2012. (St. Tammany Parish Sheriff's Office)

By Heather Nolan, NOLA.com | The Times-Picayune 

A state district judge has decided a former Covington police officer was not justified when he used a Taser on an arrestee multiple times while the man was in a police department holding cell in 2012. Nicholas Harper, 31, was convicted Tuesday of one count of misdemeanor simple battery.

Judge Richard Swartz sentenced Harper to one year of probation. He also must serve 10 days in the parish jail starting June 16, and he must pay a $500 fine.

Harper was fired in April of 2013 following an internal investigation into the Nov. 20, 2012, incident. Harper was accused of using a Taser three times on George Davis Jr., who was handcuffed and in a holding cell at the Covington Police Department.

Swartz said in his ruling that Harper "might have been justified" the first time he used force on Davis. Twelve minutes passed between the first and third instance, according to courtroom testimony, and Swartz said Harper should have left the holding cell before using the Taser the third time.

"He was not provoked by any act of Mr. Davis," Swartz said. "Refusing to sit does not justify use of force."

Harper testified that he stunned Davis with the Taser after he refused to comply with his verbal commands to sit down inside of the holding cell.

"I felt very reasonable with that level of force," Harper said.

Prior to being stunned, Davis bit former Officer Anthony Adams and caused him to bleed, according to courtroom testimony. Davis then told the officer he was HIV positive.

Harper, noting he had never been in a situation where he had to deal with a prisoner with an infectious disease, said he feared for his life.

Lt. James Beach, who was Harper's supervisor at the time, said he told Harper to use a Taser on Davis. Harper took the cartridge out of the Taser so it wouldn't be as effective, Beach said.

Beach said he was not present when Harper stunned Davis the third time.

Davis was under arrest for shoplifting and battery in connection with an incident at Acquistapace's Supermarket. Store owner Adam Acquistapace testified Tuesday that a customer saw Davis stealing liquor and meat from the store.

Store employees were able to stop Davis from leaving and held him until officers arrived, Acquistapace said. Davis, who Acquistapace said was aggressive and "acting crazy," struck him in the head.

Davis, who currently is in jail for a charge unrelated to the shoplifting and battery charges, testified at Tuesday's hearing.

Assistant District Attorney Jack Hoffstadt showed video from inside the Covington Police Department's booking room. In the video, Davis, 31, could be heard yelling profanities at officers. When Davis was stunned with the Taser, he screamed loudly and appeared to weep at one point.

Hoffstadt called Harper's actions "totally inappropriate" and said they were "without justification."

Covington Police Chief Tim Lentz, who testified as an expert in police use of force, said there was "absolutely not" any reason for Davis to be stunned. It was "hard to justify any use of force" considering Davis's hands were handcuffed behind his back, he said.

Lentz was hired as Covington's police chief in October of 2013, almost six months after Harper was fired from the force. He previously worked at the St. Tammany Parish Sheriff's Office.

Harper's attorney, Christine Voelkel, said she and Harper were "very disappointed" by the judge's ruling. She said they plan to appeal.

Adams also is charged with simple battery in connection with the Nov. 20, 2012, incident. His case has not yet gone to trial.

Harper recently filed a civil lawsuit against his employers, claiming his firing was based on "improper motive and malicious intent." In the suit, Harper asked for damages, lost wages, and attorney's fees, among other things. He did not ask for his job back. That lawsuit is pending.

Former police officer faces NINE YEARS in jail for killing community's beloved wild elk

By Associated Press

A former Boulder police officer was convicted Tuesday of killing a bull elk that had become a treasured companion in an upscale neighborhood and whose death sparked marches, prayer vigils and at least one tribute song.

A jury found Sam Carter guilty of nine charges. He could face up to six years in prison after shooting the animal known as Big Boy last year as it grazed beneath a crabapple tree, The Daily Camera reported.

Boulder animal activist Jessica Sandler applauded the verdict.

'It is so rare for an animal to get any semblance of justice in our court system,' she told the newspaper.

Carter argued that the elk had become dangerously domesticated and was scaring local dogs.

 But prosecutors told the jury the killing was a case of poaching by an officer who sought to use his position to get an illegal trophy mount.

After shooting the elk, prosecutors said, Carter called a friend and former officer to pick up the carcass and butcher it. They also said Carter later forged a tag to pass off the dead animal as road kill.

'They had no right to use their standing as police officers to poach this animal and lie about it,' Boulder County District Attorney Stan Garnett said.

The trial opened with debate over whether the elk's prior 'bad conduct' could be used as evidence, and whether jurors familiar with Big Boy could be impartial.

'Sam Carter is not guilty of anything but trying to protect citizens of Boulder from a nuisance elk,' Colin said, as some in the packed courtroom shook their heads.

Prosecutors flashed a photo of the elk looking peaceful in a yard, and later showed another picture of a uniformed Carter hovering over the animal's carcass, grabbing its antlers and smiling.

Prosecutors say Carter called another officer, Brent Curnow, to come cart away the body in his pickup truck, and together they butchered the animal for its meat. Curnow pleaded guilty last year to tampering with evidence and other charges and is expected to testify against Carter.

The officers swapped text messages about 'hunting' for 'wapiti,' the Shawnee word for elk.

The exchanges culminated with a stark message from Carter to Curnow well before Carter's shift began: 'He's gonna die.'

Nestled against the foothills and home to a Buddhist university, Boulder is known for its love of the outdoors. Its residents routinely rank among the country's most fit.

Witnesses said the sight of the hulking animal was a highlight of countless hikes and jogs.

'Maybe we're strange, but the philosophy up here is live and let live,' pet supply store owner Mary Lee Withers told The Associated Press in an interview. 'That elk never did anything.'

Withers would encounter the elk on walks with her St. Bernard. Her neighbors sometimes found it sleeping in their yards. She is helping raise money for a memorial bench, which she said will be cut from sandstone and have porcelain inlays bearing the elk's likeness.

The case also inspired a Boulder man's tribute song, 'Reason to Kill (Ballad of Big Boy).'

Its visceral lyrics include: 'Gunned down for nothing, But his sovereign space, Wrong time, wrong place.'

'He was not a pet, but he was a fixture of Mapleton,' Withers said. 'He had been there for years.'

The charges against Carter included three felonies — forgery, tampering with evidence, and attempting to influence a public official.

Misdemeanor counts against him included misconduct, illegal possession of a trophy elk, conspiracy to commit illegal possession of wildlife, unlawfully taking a big game animal out of season, and unlawful use of an electronic communication device to unlawfully take wildlife.