Man jailed 73 days sues, alleging Worcester police misconduct
WORCESTER — A 38-year-old Worcester man filed a federal lawsuit against the city Wednesday for allowing a falsified police report to keep him in jail for 73 days. That report, the suit alleges, was allowed to stand because of a departmental culture in which officer misconduct goes unchecked.
Police Chief Gary J. Gemme said in a statement yesterday that complaints against officers are investigated, but he said he cannot comment on pending civil suits, internal investigations or personnel matters.
The suit names the city, City Manager Michael V. O'Brien, Chief Gemme and Officers Jesus Candelaria and Thomas C. Duffy.
Worcester police arrested Ricky N. Eaves Feb. 25, 2009, at a Plantation Street gas station on charges of drug possession and trafficking. Two women were arrested with him, but according to the lawsuit, police found drugs on only one of the three, a woman who had been in the back seat. In the police report as cited by the suit, Officer Candelaria wrote that Mr. Eaves was in the driver's seat when Officer Candelaria approached him, but in fact Officer Duffy initially approached the car, found a woman was in the driver's seat, and already had Mr. Eaves outside the car when Officer Candelaria arrived.
A video surveillance at the gas station shows part of that arrest. The district attorney's office decided not to prosecute the defendants or seek perjury charges against the officer.
Mr. Eaves is seeking an unspecified amount for compensatory damages, punitive damages, attorney's fees, costs and expenses.
In the complaint, Mr. Eaves' lawyer, Hector E. Pineiro, cites several other cases involving the department, some of which led to sizable settlements. The list, he said, shows a pattern of officer misconduct going largely unchallenged. He credits the chief for his handling of the case of David F. Rawlston, who was fired in connection with a 2007 confrontation with three teenagers outside his home. But more often, Mr. Pineiro alleges, police ignore discrepancies between police accounts and those described by complainants or evidence.
The case notes years' worth of alleged misconduct. It includes, for instance, Trung Huyhn, to whom the city agreed to pay $47,500 in 2010 in connection with allegations officers beat him and broke his arm. Chief Gemme cleared the officers involved, Mr. Pineiro claims.
The suit also mentions Raymond E. Dennison, to whom the city agreed to pay $48,750 in May 2009. Mr. Dennison's suit had alleged Sgt. Ronald F. LaPointe unjustly punched Mr. Dennison in the head and struck him with a baton while Mr. Dennison was on his knees being arrested for trespassing on railroad tracks. The department's Bureau of Professional Standards cleared Sgt. LaPointe of any wrongdoing, Chief Gemme told a reporter at the time.
In April 2009, the city agreed to pay Marc Muldoon $33,000 to settle his claim that an officer had hit him in the back of his head with a metal baton, fracturing this skull. The officer involved was never investigated or disciplined, Mr. Pineiro claims.
In February 2011, a Superior Court Judge threw out a confession that Nga Truong had killed her 1-year-old son. The judge believed the confession was involuntary and noted that the police confronted the teenager with “knowingly false statements.”
In March 2003, Worcester police allegedly beat, kicked and stomped on Charles Evangelista while he was in custody, and a videotape that allegedly depicted the beating was destroyed. The city paid $250,000 to settle Mr. Evangelista's claim, and the chief claimed no wrongdoing was found, Mr. Pineiro writes in Mr. Eaves' case.
In May 2002, a police beating allegedly broke bones in Daniel Houde's face. The city paid $100,000 to settle the case, which included Officer Duffy among its codefendants, but because Mr. Houde did not file a complaint with the Police Department, there was no investigation, Mr. Pineiro said.
In response to questions about Mr. Eaves' case, Chief Gemme emailed the following statement to the Telegram: “All complaints against police officers are actively investigated in conformance with collective bargaining agreements and due process. When the facts and circumstances dictate, appropriate disciplinary action to include arrest, termination, and suspension is taken. You are well aware that we cannot comment on pending civil suits, internal investigations, or personnel matters.”
Worcester Police Department's policy and procedures for its Bureau of Professional Standards and Internal Investigations, which was updated March 7, 2001, states that whenever the department learns of a civil claim or lawsuit, the chief, the bureau and the Law Department decide whether to initiate or reopen an investigation.
It also states that the official in charge of the bureau will decide what degree of investigation into a complaint is warranted. The “commander of the Bureau of Professional Standards shall ensure that every matter is investigated,” the policy states. Discipline can be “criticism; counseling session; oral reprimand; written reprimand; extra or punishment duty; suspension” or, with the approval of the city manager, termination.
Mr. Pineiro did not make Mr. Eaves available for an interview.
Mr. Pineiro himself has a pending federal case against Chief Gemme and the city because when Mr. Pineiro applied for a license to carry a concealed weapon, the department initially issued him a license restricting the gun's use for hunting and target shooting. A year later, Mr. Pineiro received an unrestricted permit. He is pursuing the federal case because of the delay, he said.
Meanwhile, Mr. Pineiro's 20-year-old son, Hector E. Pineiro Jr., is awaiting trial in connection with a shooting in Fitchburg last year as well as unrelated Worcester gun and drug charges.
Police Chief Gary J. Gemme said in a statement yesterday that complaints against officers are investigated, but he said he cannot comment on pending civil suits, internal investigations or personnel matters.
The suit names the city, City Manager Michael V. O'Brien, Chief Gemme and Officers Jesus Candelaria and Thomas C. Duffy.
Worcester police arrested Ricky N. Eaves Feb. 25, 2009, at a Plantation Street gas station on charges of drug possession and trafficking. Two women were arrested with him, but according to the lawsuit, police found drugs on only one of the three, a woman who had been in the back seat. In the police report as cited by the suit, Officer Candelaria wrote that Mr. Eaves was in the driver's seat when Officer Candelaria approached him, but in fact Officer Duffy initially approached the car, found a woman was in the driver's seat, and already had Mr. Eaves outside the car when Officer Candelaria arrived.
A video surveillance at the gas station shows part of that arrest. The district attorney's office decided not to prosecute the defendants or seek perjury charges against the officer.
Mr. Eaves is seeking an unspecified amount for compensatory damages, punitive damages, attorney's fees, costs and expenses.
In the complaint, Mr. Eaves' lawyer, Hector E. Pineiro, cites several other cases involving the department, some of which led to sizable settlements. The list, he said, shows a pattern of officer misconduct going largely unchallenged. He credits the chief for his handling of the case of David F. Rawlston, who was fired in connection with a 2007 confrontation with three teenagers outside his home. But more often, Mr. Pineiro alleges, police ignore discrepancies between police accounts and those described by complainants or evidence.
The case notes years' worth of alleged misconduct. It includes, for instance, Trung Huyhn, to whom the city agreed to pay $47,500 in 2010 in connection with allegations officers beat him and broke his arm. Chief Gemme cleared the officers involved, Mr. Pineiro claims.
The suit also mentions Raymond E. Dennison, to whom the city agreed to pay $48,750 in May 2009. Mr. Dennison's suit had alleged Sgt. Ronald F. LaPointe unjustly punched Mr. Dennison in the head and struck him with a baton while Mr. Dennison was on his knees being arrested for trespassing on railroad tracks. The department's Bureau of Professional Standards cleared Sgt. LaPointe of any wrongdoing, Chief Gemme told a reporter at the time.
In April 2009, the city agreed to pay Marc Muldoon $33,000 to settle his claim that an officer had hit him in the back of his head with a metal baton, fracturing this skull. The officer involved was never investigated or disciplined, Mr. Pineiro claims.
In February 2011, a Superior Court Judge threw out a confession that Nga Truong had killed her 1-year-old son. The judge believed the confession was involuntary and noted that the police confronted the teenager with “knowingly false statements.”
In March 2003, Worcester police allegedly beat, kicked and stomped on Charles Evangelista while he was in custody, and a videotape that allegedly depicted the beating was destroyed. The city paid $250,000 to settle Mr. Evangelista's claim, and the chief claimed no wrongdoing was found, Mr. Pineiro writes in Mr. Eaves' case.
In May 2002, a police beating allegedly broke bones in Daniel Houde's face. The city paid $100,000 to settle the case, which included Officer Duffy among its codefendants, but because Mr. Houde did not file a complaint with the Police Department, there was no investigation, Mr. Pineiro said.
In response to questions about Mr. Eaves' case, Chief Gemme emailed the following statement to the Telegram: “All complaints against police officers are actively investigated in conformance with collective bargaining agreements and due process. When the facts and circumstances dictate, appropriate disciplinary action to include arrest, termination, and suspension is taken. You are well aware that we cannot comment on pending civil suits, internal investigations, or personnel matters.”
Worcester Police Department's policy and procedures for its Bureau of Professional Standards and Internal Investigations, which was updated March 7, 2001, states that whenever the department learns of a civil claim or lawsuit, the chief, the bureau and the Law Department decide whether to initiate or reopen an investigation.
It also states that the official in charge of the bureau will decide what degree of investigation into a complaint is warranted. The “commander of the Bureau of Professional Standards shall ensure that every matter is investigated,” the policy states. Discipline can be “criticism; counseling session; oral reprimand; written reprimand; extra or punishment duty; suspension” or, with the approval of the city manager, termination.
Mr. Pineiro did not make Mr. Eaves available for an interview.
Mr. Pineiro himself has a pending federal case against Chief Gemme and the city because when Mr. Pineiro applied for a license to carry a concealed weapon, the department initially issued him a license restricting the gun's use for hunting and target shooting. A year later, Mr. Pineiro received an unrestricted permit. He is pursuing the federal case because of the delay, he said.
Meanwhile, Mr. Pineiro's 20-year-old son, Hector E. Pineiro Jr., is awaiting trial in connection with a shooting in Fitchburg last year as well as unrelated Worcester gun and drug charges.