Waveland, Mississippi: The city settled four of ten federal
lawsuits over its police force’s use of tasers. Though a settlement is not an
admission of guilt, it spares the city the risk of exorbitant costs if a jury
finds in favor of plaintiffs. The terms of the individual settlements are
confidential by order of the court. ow.ly/jtzAi
Trenton, New Jersey: A city cop was indicted by a grand jury
on charges of official misconduct for allegedly using excessive force during an
arrest. If he is charged, he faces five to ten years in state prison if
convicted of the second-degree charge. ow.ly/jxQfB
Fresno, CA: A sheriff’s deputy on courthouse detail
brutalized a 66-year-old attorney after finding a child’s toy wrench in the
purse of his client’s family member, the attorney claims in court. ow.ly/jykmy
Raleigh County, West Virginia: A man is alleging that that a
cop used excessive force against him after charging him with expired
registration of his motorcycle. Along with violation of his constitutional rights,
the man says he suffered “unnecessary infliction of pain and suffering” as a
result of the arrest including “abrasions and contusions” to his “back, wrists,
shoulders and elbows.” His suit includes claims of excessive battery and
intentional outrageous conduct. ow.ly/jtz2V
Janesville, Minnesota: An cop is facing a felony
third-degree assault charge after an altercation at a club. The cop allegedly
kneed the victim in the face four times. On the scene he told cops that he
didn’t see a fight take place; witnesses say they saw the cop commit the
assault. ow.ly/jrkCS
Wisconsin
Cops Won't Be Charged In Suspect's Death not enough evidence to prove a case
beyond a reasonable doubt.
MILWAUKEE — A special prosecutor on Friday declined to
charge three Milwaukee cops in whose custody a gasping suspect died in 2011,
saying there wasn't enough evidence to prove a case beyond a reasonable doubt.
Derek Williams, 22, died after struggling to breathe in the
back of a squad car in July 2011. He pleaded with the cops to roll down a
window and call an ambulance but one unidentified cop replied, "Nope,
you're talking to me, you're just playing games," according to a
transcript of the squad-car video.
Last month an inquest jury found probable cause to support
charges against the three cops of failure to render aid. But special prosecutor
John Franke said he didn't file charges because he wasn't confident he could
meet the higher standard of proving guilt beyond a reasonable doubt.
Specifically, he would have had to prove the cops believed
medical attention was needed and that they knew failure to obtain aid would
cause bodily harm, he wrote in a 33-page report released Friday.
"The evidence is clearly insufficient to satisfy that
burden of proof as to any one of these three cops," Franke said.
He said the cops' failure to act was a "grievous
mistake," but that charges would have to reflect criminal intent, not just
a failure to do what "should have been done."
Franke declined to comment to The Associated Press beyond
what was written in the report.
The cops – Jason Bleichwehl, Jeffrey Cline and Richard
Ticcioni – declined to testify during the inquest, citing their Fifth Amendment
right against self-incrimination. Other cops testified that they thought Williams
was faking.
The inquest jury found probable cause that Williams – who
had a genetic marker for sickle cell but not the disease itself – died of
sickle-cell crisis.
Police Chief Edward Flynn issued a statement saying the cops
would soon return to active duty. He said his department is committed to
"restoring the trust of those whose confidence was shaken by these
events."
The lawyers for Bleichwehl and Ticcioni did not immediately
return messages Friday. Cline's attorney, Bridget Boyle, said her client was
upset about Williams's death but not criminally liable.
"Milwaukee cops are not taught how to identify who has
sickle-cell trait or how to assess people for sickle-cell trait," she
said. "This is an unfortunate, unfortunate circumstance but I think the
right decision was made by Franke."
The medical examiner's office initially ruled Williams died
of natural causes. But the Milwaukee Journal Sentinel later obtained the
squad-car video – which shows Williams pleading for help from the back seat for
nearly eight minutes and growing progressively weaker until he collapses on his
side – the medical examiner's office changed the manner of death to homicide.
Franke said the squad-car video was filmed using an infrared
camera that produces a clearer image than what police would have seen on that
dark night, perhaps with glare from their laptops reflecting on the plastic
window between the front and back seats.
"It is unfair to judge the cops' state of mind based on
the videotape, which was simply not a part of the information used by the cops
in deciding whether to believe Williams," the report said.
Milwaukee County District Attorney John Chisholm, who
initially concluded that police had done nothing wrong, asked Franke, a private
attorney, to serve as the special prosecutor.
Chisholm released a statement Friday asking the community to
respect Franke's thought process and final decision.
In his closing statement to the inquest jury, Franke
presented arguments both in favor of charges and against charges. On one hand,
he said, half a dozen neighbors testified that they heard Williams repeatedly
saying he couldn't breathe as he was arrested and taken to the squad car. On
the other hand, the cops eventually performed CPR and called paramedics, Franke
said.
Franke earlier decided against asking the inquest jury to
consider felony homicide charges against the cops because of the complexity of
the medical evidence and lingering uncertainty about why Williams died.
Williams was arrested after running about a block and a
half. He had been released from jail earlier in the day, where he had been held
for unpaid tickets. Nothing in the jail records indicated any medical problem,
and family members who'd had regular contact with Williams prior to his death
didn't see or hear anything that suggested any medical issues, Franke's report
said.
The inquest jury was asked to weigh in on a possible
misdemeanor charge of failing to render aid. The charge would have carried a
maximum sentence of nine months in jail and a $10,000 fine.
The girlfriend, Sharday Rose, told AP she was angry that
Franke wasn't bringing charges. Later, after noting that even if the cops were
charged and convicted they'd be free within a year, Rose said she was more
angry at a legal system that wasn't producing accountability.
"I feel like they should not be back working on the
streets after they let him die," said Rose, 24.
Rose and Williams had three kids – two daughters ages 4 and
2 and a 3-year-old son.
"My kids need some justice," she said.
The cops could still face federal criminal charges. The U.S.
Attorney's office in Milwaukee has not ruled out charging the three cops, and
the U.S. Department of Justice is considering whether to sue the Milwaukee
Police Department over a possible pattern of civil rights abuses.
"A decision has not been made," U.S. Attorney
James Santelle said. "I can tell you there's nothing imminent right
now."
2
Covington cops charged with simple battery and malfeasance in office
The St. Tammany Parish District Attorney's Office now is
investigating alleged misconduct by two Covington Cops who were arrested Monday
on simple battery and malfeasance in office charges.
Covington Police Chief Richard Palmisano said former cop
Anthony Adams and cop Nicholcas Harper were arrested Monday morning after the
police department's internal affairs unit concluded part of its investigation
in to an incident that occurred on Nov. 20, 2012, in which the two cops
allegedly used excessive force on an arrestee.
Adams and Harper were responding to a reported shoplifting
at a Covington business, Palmisano said. The suspect also was accused of
committing battery on a person at the store, he said.
Palmasino said Adams and Harper were involved in a scuffle
with the suspect during the arrest, and one cop was treated at the hospital for
a bite.
While Palmisano said one of the cops used a taser, he would
not provide additional details of what the cops did wrong or how they violated
department policy.
He said only that the force was not authorized and that it
was excessive.
Palmisano said that any time an cop uses any kind of force -
whether it's putting their hands on an arrestee, or using a taser - they are
required to fill out a use of force form.
Although the incident happened in November, the Covington
Police Department's internal affairs office did not began investigating until
January, Capt. Jack West said.
Palmisano said it takes time for the department to process and
review those forms, which is why the investigation into the incident did not
begin until two months after it occurred.
West said the suspect, whom the police department would not
name, did not file a complaint against the cops. The suspect pleaded guilty to
a shoplifting charge in the 22nd Judicial District Court, West said.
Covington Mayor Mike Cooper expressed his disappointment
with the incident, saying "this type of behavior will not be tolerated and
proper discipline will be forthcoming."
Cooper pointed to several police misconduct cases that
happened before his election in 2011 and said he was "hoping we'd seen the
last of it."
A sergeant resigned from the department in December 2011
after pleading guilty to simple battery for choking a citizen. Another cop
resigned in April 2012 after he was accused of roughing up a prominent city
businessman before a Carnival parade in 2011.
Others were investigated for the alleged use of excessive
use of force when they were dispatched to break up a fight at a downtown
Covington bar in 2010.
The department also has been the subject of several police
brutality lawsuits in recent years.
While campaigning for office, Cooper said he would demand
reforms in how Covington Cops deal with the public.
A week before he took office, Cooper asked Palmisano to
resign. Cooper said he wanted to start with a clean slate at the police
department.
Palmisano refused, and eventually was placed on paid
administrative leave pending an internal investigation. He was reinstated after
10 weeks.
The St. Tammany Parish District Attorney's Office now will
decide whether to pursue charges against Adams and Harper.
Adams, who resigned when the investigation began, worked for
the department for four years. Harper, who has been with the department since
June 2011, is on unpaid leave.
Palmasino said Harper would remain on unpaid leave until the
investigation is complete.
Each has been released from the St. Tammany Parish Jail on a
$7,500 bond.
HPD cop
charged with assault
HUNTSVILLE — A Huntsville cop was arrested this week on
charges that he allegedly assaulted a man during a traffic stop in August.
The Texas Rangers took Christopher Lee Myers, 29, of Willis
into custody on Thursday and he was booked into the Montgomery County Jail
after a Walker County grand jury indicted him for official oppression, a Class
A misdemeanor.
According to the indictment, which was handed down
Wednesday, Myers is accused of physically assaulting Eldon Jacob Fuller while
he was in handcuffs on Aug. 10. Fuller was arrested and charged with driving
while intoxicated as a result of the traffic stop and the incident was recorded
by the patrol vehicle’s video system.
Huntsville Police Department Chief Kevin Lunsford said
Friday that Myers, who joined the force in 2008, was fired earlier this month
before criminal charges were filed.
“We received a complaint in January from a citizen that
former cop Myers allegedly was involved in possible criminal activity as well
as in violations of department policy,” the chief said. “As is procedure we
turned the information over to the Texas Rangers for an unbiased investigation.
After the Rangers investigated I launched an internal investigation and Myers
was terminated for policy violations.”
Lunsford said that Myers was placed on administrative leave
with pay as soon as the invevtigation was handed over to the Texas Rangers.
“City policy gives him the right to appeal the termination
and he is currently going through the appeals process,” Lunsford said.
Myers faces up to a year in jail and a fine not to exceed
$4,000 if convicted.
Suspended
cop resigns
JOHNSTOWN - A city cop who was suspended last summer resigned
earlier this month in the midst of his disciplinary hearing. Police Chief Mark
Gifford on Tuesday said former Johnstown cop Jason Kohout resigned March 7
during a disciplinary hearing for him in Johnstown.
He said the cop was represented by Police Benevolent
Association attorney John Grant, who couldn't be reached Tuesday or this
morning for comment. The chief said he can't say publicly the reason for
Kohout's resignation or why he was suspended.
Kohout was suspended by the city July 5 without pay, but after
30 days, he had his pay reinstated.
Mayor Sarah Slingerland has declined to comment on the
matter, saying it is a confidential personnel issue.
Johnstown PBA President Eric Johnson couldn't be reached for
comment this morning.
Gifford said with Kohout's resignation, the Johnstown Police
Department is down to 23 cops. He said Kohout will be replaced.
Kohout is the second city police official to resign in the
middle of a disciplinary hearing in recent years. Former police Chief Greg
Horning retired May 24, 2011, while facing disciplinary charges that never were
made public. Horning had been on leave and served a dozen years as chief.
Kohout had earned an annual salary of about $50,000 as a
night-shift cop. City officials have not said what his disciplinary hearing was
about, but said it had nothing to do with an incident in June 2009, when Kohout
was an off-duty Gloversville cop.
The incident in Montgomery County involved a Sprakers man
who claimed he was beaten at a fundraiser for the Fultonville Volunteer Fire
Department.
According to a June 2010 lawsuit filed by victim Timothy
Tambasco, Kohout used "excessive or unreasonable force" to help other
cops detain Tambasco.