By Benjamin Wood, Deseret News
Published: Sunday, Aug. 11 2013 7:44 p.m. MDT
Salt Lake County District Attorney Sim Gill announced Thursday that his office had concluded that the shooting death of Danielle Willard by two West Valley City police officers was not legally justified. County prosecutors are now investigating whether to bring criminal charges against the officers.
Danielle Willard was shot inside her car at the Lexington Park Apartments on Nov. 2, 2012. She was 21.
The two officers, Shaun Cowley and Kevin Salmon, claim that they witnessed what they believed to be a drug deal and were moved to use deadly force after Danielle Willard backed toward Cowley with her car.
But after a nine-month investigation into the incident, including review of more than 3,800 pages of reports and interviews, the District Attorney's office reported that the officers' statements were inconsistent with the evidence and their lives were not in imminent danger.
"Ms. Willard's reversing vehicle was not traveling at detective Cowley and did not present any threat to either detective," Gill's report states. "Accordingly, detective Cowley and detective Salmon's contention that they believed Ms. Willard was going to reverse over detective Cowley was not reasonable."
Kayleen Willard said that her sister, who had struggled with drug addiction in the past, had been working to put her life together before the shooting and had made signficant progress.
She said she did not know why her sister was at the Lexington Park Apartments that night.
"When I saw her last, she was back to the way she was before," Kayleen Willard said. "She was bubbly and energetic and so excited that she was sober."
Since the shooting, Willard's family has maintained that the woman's death was not legally justified and in June Willard's mother, Melissa Kennedy, filed a wrongful death lawsuit against West Valley City and 14 police officers in federal court.
The case gained further notoriety after evidence from a separate drug case was found in the trunk of Cowley's car, which led to a departmental investigation, the disbanding of the Neighborhood Narcotics Unit, the dismissal of 124 state and federal cases investigated by West Valley Police and an addition seven officers from the former drug unit being placed on paid administrative leave.
Kayleen Willard said the report by the County District Attorney's Office provides some vindication for the family. She said by shedding light on corruption in law enforcement her sister's death was not in vain and hopefully will lead to justice for other families.
"This can’t just be pushed to the side. This needs to be out so everybody knows what had happened," she said. "I feel like it’s a huge, huge loss and I feel like a piece of my heart has been always gone and I’m always constantly thinking about it, but I do believe this is a stepping stone in the right direction."
Both Cowley and Salmon remain on paid administrative leave, as do the seven former drug unit officers. On Thursday, Cowley's attorney Lindsay Jarvis said she disagrees with the County District Attorney's report and would fight any criminal charges brought against her client.
"I have the same 3,811 pages on my computer here," she said. "I don't understand this. My investigator doesn't understand this. The experts are on our side. The experts believe exactly what we say happened is what happened."
Contributing: Sandra Yi
Email: benwood@deseretnews.com
Twitter: bjaminwood
Monday, August 12, 2013
Friday, August 2, 2013
Review finds 75 Cleveland police officers violated department rules in deadly chase last fall
Published August 02, 2013
| Associated Press
CLEVELAND – A review of a deadly police chase in Cleveland last fall has found that 75 patrol officers violated orders and police department rules, city officials said Friday. Nineteen officers face disciplinary hearings.
In the November chase, a fleeing driver and passenger were killed when officers fired 137 shots at them. The 23-minute pursuit involved five dozen cruisers and wove through residential neighborhood before ending in gunfire.
Police Chief Michael McGrath said at a news conference Friday that the violations ranged from insubordination to failure to obtain permission to leave the city. By way of example, he said, an officer might have been driving 100 mph on a side street and was told to stop, but didn't.
Some officers were cited for multiple violations, he said, but none of the violations was so serious they warranted termination. Punishments could range from a written reprimand to a suspension. Multiple offenders were referred to the public safety director for hearings because their punishment could go beyond a 10-day suspension.
City officials say one of the 75 offending officers has since left for Cleveland's fire department but still faces disciplinary action.
Police previously announced punishments for 12 supervisors stemming from the chase. One sergeant was fired. A captain and lieutenant were demoted, and nine sergeants were suspended.
Also, a county grand jury is investigating possible criminal wrongdoing among the 13 officers who fired their weapons as the chase ended in a school parking lot in East Cleveland.
The nighttime chase began when an officer thought he heard a gunshot from a car speeding by the police and courts complex in downtown Cleveland. A parking lot attendant thought it might have been a car backfire, a theory endorsed by the driver's family.
The officer jumped into his patrol car and radioed for help. The chase went through crowded residential neighborhoods, headed onto busy Interstate 90, and eventually into East Cleveland.
Driver Timothy Russell, 43, was shot 23 times and passenger Malissa Williams, 30, was shot 24 times. No weapon or shell casings were found in the fleeing car.
Police say they don't know why Russell didn't stop. Russell had a criminal record including convictions for receiving stolen property and robbery. Williams had convictions for drug-related charges and attempted abduction.
The union has said the shootings were justified because the driver tried to ram an officer.
Of the 277 officers working that night, at least 104 were involved in the pursuit in some capacity, McGrath said Friday. Not all were there for the duration of the chase. Officers dropped off, others left at the instructions of their supervisor and some just blocked intersections.
McGrath called the shootings a "tragedy" for the victims and their families, the community, and the officers and their families. He said it was the job of the mayor, public safety director and himself to get the facts.
"And if we made mistakes or if we have policies that need to be fixed, we'll do that," he said.
| Associated Press
CLEVELAND – A review of a deadly police chase in Cleveland last fall has found that 75 patrol officers violated orders and police department rules, city officials said Friday. Nineteen officers face disciplinary hearings.
In the November chase, a fleeing driver and passenger were killed when officers fired 137 shots at them. The 23-minute pursuit involved five dozen cruisers and wove through residential neighborhood before ending in gunfire.
Police Chief Michael McGrath said at a news conference Friday that the violations ranged from insubordination to failure to obtain permission to leave the city. By way of example, he said, an officer might have been driving 100 mph on a side street and was told to stop, but didn't.
Some officers were cited for multiple violations, he said, but none of the violations was so serious they warranted termination. Punishments could range from a written reprimand to a suspension. Multiple offenders were referred to the public safety director for hearings because their punishment could go beyond a 10-day suspension.
City officials say one of the 75 offending officers has since left for Cleveland's fire department but still faces disciplinary action.
Police previously announced punishments for 12 supervisors stemming from the chase. One sergeant was fired. A captain and lieutenant were demoted, and nine sergeants were suspended.
Also, a county grand jury is investigating possible criminal wrongdoing among the 13 officers who fired their weapons as the chase ended in a school parking lot in East Cleveland.
The nighttime chase began when an officer thought he heard a gunshot from a car speeding by the police and courts complex in downtown Cleveland. A parking lot attendant thought it might have been a car backfire, a theory endorsed by the driver's family.
The officer jumped into his patrol car and radioed for help. The chase went through crowded residential neighborhoods, headed onto busy Interstate 90, and eventually into East Cleveland.
Driver Timothy Russell, 43, was shot 23 times and passenger Malissa Williams, 30, was shot 24 times. No weapon or shell casings were found in the fleeing car.
Police say they don't know why Russell didn't stop. Russell had a criminal record including convictions for receiving stolen property and robbery. Williams had convictions for drug-related charges and attempted abduction.
The union has said the shootings were justified because the driver tried to ram an officer.
Of the 277 officers working that night, at least 104 were involved in the pursuit in some capacity, McGrath said Friday. Not all were there for the duration of the chase. Officers dropped off, others left at the instructions of their supervisor and some just blocked intersections.
McGrath called the shootings a "tragedy" for the victims and their families, the community, and the officers and their families. He said it was the job of the mayor, public safety director and himself to get the facts.
"And if we made mistakes or if we have policies that need to be fixed, we'll do that," he said.
Thursday, August 1, 2013
Subway Stabbing Victim Can't Sue NYPD For Failing To Save Him
A man who was brutally stabbed by Brooklyn subway slasher Maksim Gelman two years ago had his negligence case against the city dismissed in court yesterday, despite the fact that two transit officers had locked themselves in a motorman's car only a few feet from him at the time of the attack.
Gelman stabbed Joseph Lozito in the face, neck, hands and head on an uptown 3 train in February 2011, after fatally stabbing four people and injuring three others in a 28-hour period. Lozito, a father of two and an avid martial arts fan, was able to tackle Gelman and hold him down, and Gelman was eventually arrested by the transit officers. Lozito sued the city, arguing that the police officers had locked themselves in the conductor's car and failed to come to his aid in time.
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun. And Manhattan Supreme Court Justice Margaret Chan has sided with the city, noting that there was no evidence the cops were aware Lozito was in danger at the time.
Chan did however, note the heroism of Lozito's actions: "The dismissal of this lawsuit does not lessen Mr. Lozito’s bravery or the pain of his injuries," she wrote in her decision yesterday. "Mr. Lozito heroically maneuvered the knife away from Gelman and subdued him on the subway floor." Gelman was sentenced to 200 years in prison in January 2012; he was sentenced to an additional 25 years for Lozito's stabbing the following month.
Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.
Gelman stabbed Joseph Lozito in the face, neck, hands and head on an uptown 3 train in February 2011, after fatally stabbing four people and injuring three others in a 28-hour period. Lozito, a father of two and an avid martial arts fan, was able to tackle Gelman and hold him down, and Gelman was eventually arrested by the transit officers. Lozito sued the city, arguing that the police officers had locked themselves in the conductor's car and failed to come to his aid in time.
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun. And Manhattan Supreme Court Justice Margaret Chan has sided with the city, noting that there was no evidence the cops were aware Lozito was in danger at the time.
Chan did however, note the heroism of Lozito's actions: "The dismissal of this lawsuit does not lessen Mr. Lozito’s bravery or the pain of his injuries," she wrote in her decision yesterday. "Mr. Lozito heroically maneuvered the knife away from Gelman and subdued him on the subway floor." Gelman was sentenced to 200 years in prison in January 2012; he was sentenced to an additional 25 years for Lozito's stabbing the following month.
Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.
Florida sheriff's deputies shoot unarmed black man in his own driveway
The two deputies have been placed on paid administrative leave while the shooting is investigated.
By David Knowles / NEW YORK DAILY NEWS
Another day in Florida.
Two Escambia County sheriff deputies have been placed on paid administrative leave after they opened fire early Sunday morning and shot an unarmed black man in his own driveway.
Roy Middleton, 60, had gone to find cigarettes in his mother’s white Lincoln Town Car, which was parked in the driveway of the man’s home in a quiet neighborhood in the town of Warrington.
A neighbor, who apparently didn’t recognize Middleton, called 911 to report a possible robbery, and police arrived at the scene at approximately 2:40 a.m.
Their guns drawn, deputies Jeremiah Meeks and Matthew White told Middleton to put his hands where the officers could see them.
Middleton told the Pensacola News Journal that he initially believed that the voices were from a neighbor who was playing a joke on him. When he got out of the car, however, the deputies began shooting.
“It was like a firing squad,” Middleton told PNJ from his bed at Baptist Hospital. “Bullets were flying everywhere.”
Middleton’s mother, Ceola Walker, 77, was sleeping inside the home at the time of the incident,
"He was just coming home like he usually does. I don’t understand why they had to use so much force under the situation," Walker told Fox 10 News. "I don’t understand how they could fire so many shots at him. He wasn’t resisting or anything and he was at his own house.”
Walker said she later found 17 shell casings, and her Lincoln peppered with bullet holes.
Neighbors and relatives describe Middleton as mild-mannered and law abiding, and a teenage girl who witnessed the shooting said she did not see the 60-year-old provoke the incident.
“He wasn’t belligerent or anything,” the girl told PNJ.
Middleton is still trying to figure out why the confrontation happened in the first place.
“Even if they thought the car was stolen, all they had to do was run the license plate,” Middleton said. “They would have seen that that car belonged there.”
Florida Department of Law Enforcement is investigating the shooting, and amid growing criticism, Escambia County Sheriff David Morgan held a press conference Monday. According to Morgan, the two deputies said that Middleton “made a lunging motion” out of the car causing them to “fear for their safety.”
Middleton, Morgan said, “had a metallic object in his hand.” That object turned out to be a flashlight attached to Middleton’s key chain.
The bones in Middleton’s leg are shattered and he will require the implantation of a steel rod in order to walk, but is expected to make a full recovery.
Like her son, Middleton’s mother is still struggling to come to terms with what happened.
“He’s my only son and for that to happen was just devastating. We know it wasn’t anyone but God that saved him,” Walker told Fox 10.
DKnowles@nydailynews.com
By David Knowles / NEW YORK DAILY NEWS
Another day in Florida.
Two Escambia County sheriff deputies have been placed on paid administrative leave after they opened fire early Sunday morning and shot an unarmed black man in his own driveway.
Roy Middleton, 60, had gone to find cigarettes in his mother’s white Lincoln Town Car, which was parked in the driveway of the man’s home in a quiet neighborhood in the town of Warrington.
A neighbor, who apparently didn’t recognize Middleton, called 911 to report a possible robbery, and police arrived at the scene at approximately 2:40 a.m.
Their guns drawn, deputies Jeremiah Meeks and Matthew White told Middleton to put his hands where the officers could see them.
Middleton told the Pensacola News Journal that he initially believed that the voices were from a neighbor who was playing a joke on him. When he got out of the car, however, the deputies began shooting.
“It was like a firing squad,” Middleton told PNJ from his bed at Baptist Hospital. “Bullets were flying everywhere.”
Middleton’s mother, Ceola Walker, 77, was sleeping inside the home at the time of the incident,
"He was just coming home like he usually does. I don’t understand why they had to use so much force under the situation," Walker told Fox 10 News. "I don’t understand how they could fire so many shots at him. He wasn’t resisting or anything and he was at his own house.”
Walker said she later found 17 shell casings, and her Lincoln peppered with bullet holes.
Neighbors and relatives describe Middleton as mild-mannered and law abiding, and a teenage girl who witnessed the shooting said she did not see the 60-year-old provoke the incident.
“He wasn’t belligerent or anything,” the girl told PNJ.
Middleton is still trying to figure out why the confrontation happened in the first place.
“Even if they thought the car was stolen, all they had to do was run the license plate,” Middleton said. “They would have seen that that car belonged there.”
Florida Department of Law Enforcement is investigating the shooting, and amid growing criticism, Escambia County Sheriff David Morgan held a press conference Monday. According to Morgan, the two deputies said that Middleton “made a lunging motion” out of the car causing them to “fear for their safety.”
Middleton, Morgan said, “had a metallic object in his hand.” That object turned out to be a flashlight attached to Middleton’s key chain.
The bones in Middleton’s leg are shattered and he will require the implantation of a steel rod in order to walk, but is expected to make a full recovery.
Like her son, Middleton’s mother is still struggling to come to terms with what happened.
“He’s my only son and for that to happen was just devastating. We know it wasn’t anyone but God that saved him,” Walker told Fox 10.
DKnowles@nydailynews.com
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