Tennessee policeman fired after photos show him choking student

By Tim Ghianni of Reuters

The photographs published by online edition of the Daily Mail showed an unidentified officer appearing to throttle 21-year-old Jarod Dotson, while two fellow officers handcuffed the student's hands behind his back, after arresting him at a party near the University of Tennessee, in Knoxville.

The student did not appear to show any sign of resistance, while the officer, later identified as 47-year-old Frank Phillips, held him by the neck until he collapsed to his knees.

John Messner, the Knoxville photographer who took the pictures, described to the Mail how the officer then slapped Dotson around the head a few times before walking off.

Knox County Sheriff Jimmy "J.J." Jones said in a written statement that Phillips was found by department investigators to have used excessive force during the arrest on Saturday night.

"In my 34 years of law enforcement experience, excessive force has never been tolerated," Jones said in the statement, posted on the Knox County Sheriff's Department website.

"After an investigation by the Office of Professional Standards, I believe excessive force was used in this incident," the sheriff said.

Jones said that Phillips had been terminated with immediate effect and that the investigation would be turned over to the Knox County Attorney General's Office to determine if any charges should be filed. Phillips had been with the Sheriff's Office since 1992.

"This incident provides a perfect example of why we are in the process of purchasing officer-worn body cameras (video and audio recordings) so incidents like this will be fully documented," the sheriff concluded.

Dotson was charged with public intoxication and resisting arrest. He was released from jail on $500 bond Sunday morning.

He was among several party-goers arrested, when law enforcement personnel were summoned to a party, attended by a reported 800 revelers, that had turned unruly and spilled onto the streets. Beer bottles were thrown at officers when they arrived at the scene, according to local media reports.

No comment was available from University of Tennessee spokesmen, the university police department or from various student organizations Sunday evening.

(Editing by Dan Whitcomb and Simon Cameron-Moore)

http://news.msn.com/us/tennessee-policeman-fired-after-photos-show-him-choking-student

Officer tripping kids: Video catches Texas police officer tripping, pushing kids

Linsey Bald
Long Island Top News Examiner
April 22, 2014

A video of an officer tripping kids has one Texas policeman sitting at home today on leave. Perhaps officer George Bermudez, a nine-year veteran of the Georgetown, Texas police force, has some time on his hands to review the viral video and rethink his crowd control techniques. Video of a girl’s soccer game shows Bermudez tripping and shoving students as they rushed the field last weekend.

ABC News on April 22 says that the uniformed officer is now on paid administrative leave. Cell phone video shows exuberant high school students running out onto the soccer field after the championship win. The cop is seen tripping students as they rush by and then later shoving other students. The Georgetown police department called Bermudez’s actions “inappropriate,” and is investigating the incident.

In the game, the Vandegrift High School girls soccer team beat Wiley High in the 4A state championships. School administrators tried to warn students ahead of time to remain in their seats, but after the winning goal was scored, a number of Vandegrift students eagerly ran out, despite an announcer urging otherwise.

One of those students was Gray Goolsby, says KEN5.com out of San Antonio. “We get in the dog pile and it's just crazy you know,” said Goolsby, who joined the others after the celebratory goal. Goolsby said the officer grabbed him and spun him around. “I felt this hand grab my shoulder and just pull me out of the dog pile and he says ‘Get back to the stands!’” Gray recounted.

Goolsby says he understand that Bermudez was just trying doing his job, although he concedes that other students, especially those who were blatantly tripped, may feel differently. “I hope he doesn't lose his job over this because we were just trying to have fun and he's just trying to do his job and hopefully everything works out,” added Goolsby.

Georgetown Police Chief Wayne Nero issued a lengthy statement Monday evening, which reads, in part:

As would be appropriate given the circumstances, I have fielded a number of phone calls and emails regarding the recent actions of Officer Bermudez as depicted in the circulating videos. After personally watching the videos, the actions of my officer are very concerning to me as well. As the Chief of Police, it is my responsibility to ensure that this matter is investigated objectively, thoroughly, and in a timely manner without bias. We are doing just that. I want to reassure the public that it is not the position of the Georgetown Police Department to neither condone nor tolerate misconduct of any type.

Nero said the matter has been forwarded to the department’s Professional Standards Division for further investigation and that “consistent with allegations of similar nature, Officer Bermudez has been placed on administrative leave with pay pending the outcome of the internal affairs investigation.” Nero also said that many have been calling for the immediate termination of the officer, but asks for the “public’s patience so that we can ensure that a thorough and fair investigation be conducted and the appropriate accountability take place.”

The game was the first time any soccer program from the Austin area has won the state championship. However, the strange actions of this officer are eclipsing the gameplay and putting the focus on what happened afterwards. Many parents are outraged after witnessing the video.

"These kids were excited. They wanted to celebrate," said parent Karen Morse, whose daughter is a junior on the team. "It was so exciting. In fact, it was so exciting, I jumped up and almost blacked out and hit the woman in front of me! All the kids are jumping over, friends, boyfriends, everybody’s just running. Then I see this police officer just sticking out his leg," she said.

"They just wanted to, you know, go and celebrate with the girls basically and have a good time," said sophomore student Rohan Gupta. "We’re just kids running on to a field to celebrate our team and it was kind of too much. It was kind of a cheap shot going for his legs."

Last year, the Georgetown police department named Bermudez "Officer of the Year."

http://www.examiner.com/article/officer-tripping-kids-video-catches-texas-police-officer-tripping-pushing-kids

Latta council fights for chief’s job

Mayor refuses to discuss police leader’s dismissal before a packed meeting

TRACI BRIDGES, Morning News

LATTA, S.C. — About 100 residents of this small Dillon County town showed up for a special meeting of the town council Thursday night, all with one subject on their mind: Crystal Moore’s firing from the police chief post by Mayor Earl Bullard.

Bullard made it clear before the meeting that Moore’s firing wasn’t on the agenda, and he wasn’t going to talk about it.

But that didn’t stop Councilwoman Lutherine Williams and other council members. When the official meeting adjourned, they simply moved it outside.

“All of these citizens came out tonight to be heard,” Williams said after Bullard refused to hear from anyone on the Moore matter.

“You did not have to be standing in corners and out in the hallway,” she said to the standing room-only audience, many of which were forced to listen to the meeting via loud speakers outside the town hall. Those who did make it inside had to show proof of residency.

“We came to him (Bullard) early and asked to have the meeting changed to another location so each of you could attend and be comfortable. He said no, we couldn’t do that. When I called Columbia to talk to them, they’d never in their life heard of people having to sign some form to come and say something in the town they live and work in and pay taxes. This is so wrong. This is so not right.”

Bullard fired Moore on Tuesday but has refused to comment on why he fired her. Councilman Jarret Taylor said Moore was fired because she refused to sign seven written reprimands. Taylor said Moore simply asked to talk with her attorney before signing, but Bullard demanded that she sign the reprimands immediately. When she didn’t, he fired her.

The reprimands were tied to Moore’s investigation of the town’s new Parks and Recreation Department Director Vontray Sellers, who was hired by Bullard in February. The Latta Police Department began looking into Sellers’ background after it was reported that Sellers was driving a town vehicle despite having a suspended driver’s license.

Williams, Taylor and several other council members and local residents said Bullard has been intent on getting rid of Moore because of the former police chief’s sexual orientation.

In a recorded telephone conservation with Taylor that made its way to media outlets and online earlier this week, Bullard said:

“I would much rather have — and I will say this to anybody’s face — somebody who drank and drank too much taking care of my child than I had somebody whose lifestyle is questionable around children. … I’m not going to let two women stand up there and hold hands and let my child be aware of it. And I’m not going to see them do it with two men neither.”

Bullard tried to go into executive session to discuss the Moore firing Thursday night, but council members refused to make a motion to do so. Several said they felt the matter should be discussed in the open.

During the meeting, council members approved second reading of an ordinance that would allow town residents to vote on a referendum that would change the town’s form of government from strong mayor-weak council to strong council. Williams and other councilmen said the change would be the first step in stripping the mayor of some of his powers.

“He doesn’t think he has to follow any rules,” Williams said. “We have a town hall that’s become a Town Hall Burger King. Everything is have it his way. But we’re gonna change that. Everything with him is ‘I, I, I’ but we don’t live in an ‘I’ town. We live in a ‘we’ town. I love each and every one of you, and my intention is to do what’s right. If I’m never elected to sit in this chair again, I’m going to do what’s right.”

Williams requested that a special meeting be held to discuss Moore’s firing. She said she and others will continue to fight for Moore until she is reinstated.

Moore, who has worked for the town since she was a teenager, said she’s overwhelmed and touched by all the support and encouragement she’s received.

“I’m going to fight for my job,” Moore said. “I haven’t ever done anything but uphold the law and the policies of the town of Latta. I’ve tried to live a quiet life and do what’s right.”

http://www.scnow.com/news/article_2e1af550-c693-11e3-8dd4-0017a43b2370.html

Former SC sheriff found guilty in corruption trial

THE ASSOCIATED PRESS 

CHESTERFIELD, S.C. — The former sheriff of Chesterfield County has been found guilty after prosecutors accused him of giving away guns from his department without filing proper paperwork and allowing untrained people to act as deputies
.

The jury in the trial of Sam Parker returned its verdict Thursday. He was found guilty of five counts of misconduct in office, two counts of giving contraband to inmates and one count of embezzlement.
An investigation into Parker began when an inmate he had helped to see his sick mother became mad after the sheriff punished him for a violation and went to authorities. The prisoner, who was serving 15 years for arson and was sent to Chesterfield County to help with tasks like fixing cars and maintaining county property, told investigators he was allowed to drink alcohol, sleep outside the jail, use an iPad and have unsupervised visits with women, according to the indictment against Parker.

According to prosecutors, Parker gave away confiscated weapons, including an M-14 semi-automatic rifle, to friends who were not deputies.
Parker's lawyer argued their client's actions weren't criminal and that he was being singled out by overzealous prosecutors.


Parker was Chesterfield County sheriff from 2003 until he was indicted in March 2013. He is one of seven sheriffs of South Carolina's 46 counties to face charges or criminal investigations in the past four years. Although most of the other sheriffs pleaded guilty and disappeared from the public glare, Parker fought the charges filed against him.

http://www.scnow.com/news/article_60504e66-c68f-11e3-bd82-0017a43b2370.html

Rare ‘Perry Mason’ moment in court wins dismissal for defendant, desk duty for 5 police officers

Posted Apr 15, 2014 1:20 PM CDT
By Martha Neil

Updated: A seemingly routine suppression hearing in a suburban Chicago courthouse last month took an unexpected dramatic turn when video from a police car was introduced that disproved the testimony of five police officers.

They had said Joseph Sperling was arrested after officers who pulled him over in a traffic stop smelled marijuana, searched the vehicle and found nearly a pound in a backpack lying on the back seat of his car. But the Glenview police video showed the search occurred only after Sperling was taken from his car, frisked and handcuffed, reports the Chicago Tribune (sub. req.). The newspaper dubbed it "a 'Perry Mason' moment rarely seen inside an actual courtroom."

Castigating the officers for their "outrageous conduct," Cook County Circuit Judge Catherine Haberkorn granted a defense motion to suppress the search, which eliminated a basis for his arrest and resulted in a swift dismissal by prosecutors of the felony drug case against the 23-year-old.

"All the officers lied on the stand today," said Haberkorn, who herself is a former prosecutor, at the March 31 hearing. "So there is strong evidence it was conspiracy to lie in this case, for everyone to come up with the same lie."

The officers were later put on desk duty as investigations of their conduct proceed.

The Tribune says the Glenview arrest of Sperling last June came at the request of Chicago narcotics officers who had Sperling under surveillance. They asked local police to pull him over in a marked car, which occurred when Sperling allegedly failed to use his turn signal (he says he did). Then, one of the Chicago officers testified, he smelled marijuana as he waited for Sperling to produce his license and registration. Sperling testified he was never asked to do so.

The officer, supported by testimony from four other Chicago and Glenview officers, said he ordered Sperling to exit the vehicle and stand by the trunk as he searched it. However, the video shows the search didn't occur until after Sperling was sitting, handcuffed, in a police car.

Another discrepancy in testimony concerned the location of the backpack in which the marijuana was located: Police said it was in plain view on the back seat of the car. Sperling said it was under the seat.

If not for the video, which Sperling's lawyer Steven Goldman got by issuing a subpoena to the Glenview police department, and produced in rebuttal at the suppression hearing, Sperling likely would have been convicted and jailed, the attorney told the newspaper.

Now Sperling has filed a federal civil rights suit over his arrest.

Related coverage:

ABAJournal.com: "Another Perry Mason Moment in LA, as Police Testimony is Contradicted"

ABA Journal: "The 25 Greatest Fictional Lawyers (Who Are Not Atticus Finch)"

Updated on April 17 to include link to subsequent ABAJournal.com post about Sperling's civil suit.

http://www.abajournal.com/news/article/rare_perry_mason_moment_at_trial_wins_acquittal_for_defendant_desk_duty_for/

Calif. TV station films dog calmly playing with kids after cop shoots himself trying to kill it

By David Edwards
Thursday, April 17, 2014 15:41 EDT

A California deputy accidentally shot himself while trying to kill a dog that he said was threatening his life on Wednesday, but video captured by a local television station later showed the animal much smaller than reported and peacefully playing with children.

According to a Riverside County sheriff’s spokesperson, the deputy was serving an eviction notice at around 2 p.m. on Wednesday when a “large” dog tried to attack him, KCAL reported.

“A dog came at the deputy in an aggressive manner,” Deputy Armando Munoz said, according toThe Press-Enterprise. “The deputy, (attempting to defend himself) pulled his service weapon, shot one round, and injured himself in the leg.”

“He’s OK. He has non life-threatening injuries.”

Munoz said that the dog’s aggressive behavior ended when it was startled by the gunfire.

When KNBC film crews arrived on the scene later on Wednesday, they found a medium-sized pit bull — named “Precious” — confined to a pen, and calmly playing with several children. The dog’s owner admitted that it had been barking when the officer arrived.

Animal Services did not take the dog into custody because there was no evidence it or the owner had done anything wrong.

http://www.rawstory.com/rs/2014/04/17/calif-tv-station-films-dog-calmly-playing-with-kids-after-cop-shoots-himself-trying-to-kill-it/

Aspiring TV producer, who had worked for 'Tosh.O,' accidentally killed by police

An aspiring TV producer, who had worked for Comedy Central’s viral video-based series “Tosh.0,” was accidentally killed on Monday night when Los Angeles County sheriff’s deputies mistook him for a mad slasher, FOX411 has learned.

A panicky 911 caller told dispatchers a man with a 10-inch butcher knife was threatening people. So when Los Angeles County sheriff's deputies saw a wounded, bloody man rush out of a West Hollywood apartment with someone on his heels, they opened fire.

But the man they gunned down Monday night wasn't the slasher; he was a fleeing hostage.

John Winkler, 30, had served as a temporary production assistant for the Daniel Tosh-hosted series. He died at a hospital in California. 

Tosh has yet to address Winkler’s death on his Twitter account.

“Comedy Central and ‘Tosh.0’ extend their deepest condolences to the family of John Winkler," a statement released Friday by Comedy Central read. 

"We only had the privilege of working with him for a short while and extend heartfelt sympathy to his family and friends during this tragic time,” the statement said. 

"Taking the life of an innocent person is a police officer's greatest nightmare," Interim Los Angeles County Sheriff John Scott said Thursday at a news conference.

The entire department mourned Winkler's death, he added.

Winkler was "hanging out" with some friends who lived in the apartment below him on Palm Avenue when a man who also lived in that apartment, Alexander McDonald, climbed over the balcony with the knife, sheriff's homicide Lt. David Coleman said.

McDonald was "in an incoherent state of mind, seemed very paranoid, which was uncharacteristic," Coleman said.

McDonald took his roommate, Winkler and another man hostage, then flew into a rage and began stabbing and fighting with them, authorities said.

"We don't know what caused his rage or what caused his outburst," and it was unclear whether drugs were involved, Coleman said.

Someone called 911 and arriving deputies were told the hostage-taker was a thin man in a black shirt.

Deputies announced themselves and pounded on the door and at that moment one of the stabbing victims took the opportunity to escape, Coleman said.

"The door suddenly opened and a man with blood spurting form his neck entered the doorway" with Winkler — a thin man wearing a black shirt — running after him only inches away, Scott said.

The fleeing man appeared to be under "continuous attack," the sheriff said.

Three deputies fired four shots, and a bullet mortally wounded Winkler. The other man was hit in the leg and was hospitalized in stable condition, according to a Sheriff's Department statement.

Winkler had moved to West Hollywood from Washington state six months ago to work in the entertainment industry, his friend, Devin Richardson, told the Los Angeles Times.

Winkler's Facebook page said he studied directing at the Seattle Film Institute and was in the class of 2010.

The deputies, all department veterans, were removed from patrol after the shooting but were expected to return to full duty next week, sheriff's officials said.

The Associated Press contributed to this report.

http://www.foxnews.com/entertainment/2014/04/11/tosho-production-assistant-accidentally-killed-by-police/

L.A. County deputies fatally shoot man by mistake

The TV production assistant was one of two hostages shot as they fled apartment in West Hollywood.

By Joseph Serna, Cindy Chang and Ruben Vives

6:55 PM PDT, April 10, 2014

Los Angeles County Sheriff's deputies mistakenly shot two hostages, killing one, earlier this week as the men fled a knife-wielding captor in West Hollywood, officials said Thursday.

John Winkler, a 30-year-old TV production assistant who had recently arrived from Washington state to pursue a career in entertainment, was hit once in the chest when three deputies opened fire on him Monday night at an apartment complex, officials said in a statement.

He died at a local hospital. A second hostage was shot in the leg, officials said.

"The apartment door suddenly opened and a male victim came rushing out," the statement said. "He was covered in blood and bleeding profusely from the neck. Simultaneously, Winkler ran out of the door, lunging at the back of the fleeing victim. Both ran directly at the deputies."

Winkler fit the general description of the suspect — a white man in a black shirt — and when he bolted out of the apartment, deputies believed Winkler was the assailant, officials said.

Interim Sheriff John Scott on Thursday called the shooting "very tragic."

Winkler's friend Devin Richardson said Winkler, who lived in the complex, was a friend of the two other men held hostage and rushed to the apartment when he heard them screaming.

But sheriff's officials said they believe Winkler was already in the apartment visiting friends when the disturbance began.

Winkler had recently been hired for several days as a production assistant for the comedy show "Tosh.0." Richardson said Winkler wanted to become a producer.

Winkler's aunt said he was thrilled about being in Hollywood.

"He was quite excited the last time we talked to him," said Anne-Marie Van Wart, 62, of Tacoma, Wash. "He was just getting his foot in the door of life. Just, the light was right around the corner … and [now] he's gone."

The incident unfolded about 9:30 p.m. Monday in a large apartment complex on Palm Avenue off of Santa Monica Boulevard.

Sheriff's deputies said they got a call about an assailant with a knife inside one of the building's units. When they got to the complex, a witness told them there were two men in the apartment and that the assailant was a thin white man wearing a black shirt, according to the statement.

Deputies "announced themselves" at the apartment but got no response. The door suddenly burst open and a bloodied man came out, with Winkler close behind, officials said.

The deputies believed "Winkler was the assailant and the assault was ongoing and he would attack the entry team."

After the deputies fired on Winkler and the other man they heard "sounds of a fight coming from inside the apartment," according to the statement.

They entered the room and saw another male victim as well as the suspect, identified as Alexander McDonald.

McDonald was choking the victim and "tearing at his face," officials said.

The deputies subdued McDonald and arrested him.

Later, officials said, they learned that McDonald had held Winkler and the two other men hostage. When deputies arrived, McDonald "in a rage … began stabbing the men and fighting with them."

The second man shot by deputies was transported to a hospital where he was treated for stab wounds to the neck and a gunshot wound to the leg. He is in stable condition.

The third victim, who was treated at a hospital for stab wounds to the leg, arms and chest, has been released. Officials said McDonald and one of the victims were roommates.

McDonald, 27, has been charged with one count of murder, two counts of attempted murder and one count of torture.

He pleaded not guilty and is being held on $4-million bail.

The Sheriff's Department's initial news release the day after the shooting made no mention of the mistaken identity and said the two people shot had "aggressed the deputies."

Assistant Sheriff Todd Rogers said that it was "pretty apparent" the night of the incident that it was a case of mistaken identity. He said he was officially briefed of that determination Tuesday.

Scott, the acting sheriff, said the case was complicated and it took some time to sort out.

The violence left residents in the apartment building and beyond stunned.

The apartment where the violence took place faces the elevator and a stairway. The marble floor outside the door was stained with blood Thursday.

A woman who lives on the floor below, who did not want to be named, said she heard a commotion Monday night.

She heard shouting, "Get down! Get down!" and several popping noises.

Then she heard a scream.

"It was a primal scream," the woman said. "It was fear, it was absolutely horrible."

Residents said the apartment complex was already on edge because of a fatal stabbing two weeks ago.

A Yale-educated physician, Kurtland Ma, 34, was stabbed to death March 29 inside his apartment. His partner has been charged with homicide.

West Hollywood officials said they had been inquiring about the circumstances of Monday's shooting and were stunned to get the sheriff's statement.

"This was already a tragic situation but this makes it all the more tragic," said Councilman Jeff Prang.

joseph.serna@latimes.com

cindy.chang@latimes.com

ruben.vives@latimes.com

Times staff writers Richard Winton, Robert Faturechi and Kate Mather contributed to this report.

Copyright © 2014, Los Angeles Times

latimes.com/local/la-me-producer-killed-20140411,0,272408.story
latimes.com

Justice Department: Albuquerque police use 'excessive force,' institutional reforms needed

By RUSSELL CONTRERAS, Associated Press

ALBUQUERQUE, N.M. (AP) — The U.S. Justice Department on Thursday released a scathing report in response to a series of deadly police shootings that pointed to patterns of excessive force by the Albuquerque Police Department, serious constitutional violations and a lack of training and oversight of its officers.

After more than a year of reviewing hundreds of cases handled by the Albuquerque police, the federal agency found that officers too frequently used deadly force on people "who posed a minimal threat" and used a higher level of force too often on those with mental illness.

Albuquerque police have received much criticism over 37 shootings by officers since 2010, 23 of which were fatal. The Justice Department found the majority of those shootings were unreasonable and violated constitutional rights. The DOJ also found a significant number of instances in which officers used less lethal measures such as Tasers in an unconstitutional manner.

Jocelyn Samuels, the acting assistant attorney general of the Justice Department's civil rights division, said the investigation was thorough and that it became clear the problems within the police department were systemic.

"The reforms we are proposing ... are going to result in the kinds of structures that will over time create a change in the culture," she said. "It starts with commitment from the top."

She acknowledged that changes will not happen overnight.

The findings served as validation for critics who have long complained that a culture of aggression has permeated the police department. However, some community members voiced concerns after Thursday's announcement that recommendations have been made in the past with city leaders failing to take action.

DOJ officials planned to brief Mayor Richard Berry, police Chief Gorden Eden and other officials on the findings Thursday afternoon.

Last week, Berry asked the federal agency to expedite its review and help overhaul the city's police force. His request followed a violent protest last month in response to the shooting death of a homeless man who had threatened to kill officers. The man was gathering his belongings and turning away when officers opened fire, helmet camera video showed.

The Justice Department is recommending that Albuquerque make numerous changes to its use of force policy to, among other things, place more emphasis on techniques for de-escalating potentially violent situations. The recommendations also call for a more objective and rigorous internal accountability system that includes reviews and investigations when force is used.

Under the recommendations, officers would be required to participate in crisis intervention training and higher eligibility standards would be set for supervisors and staff assigned to the police department's tactical units.

Samuels also noted that the department's "broken" civilian oversight process would need to be fixed.

The Justice Department said it will work with the city to develop a consent agreement to begin implementing changes. Negotiations with the city will determine whether a federal monitor will be needed.

Samuels did not offer a timetable for the negotiations, but said the agency would remain engaged for "as long as is necessary."

If a federal monitor is appointed and the city agrees on terms, Albuquerque would join cities such as Detroit, Los Angeles, New Orleans and Seattle that are subject to federal oversight.

Scrutiny of the Albuquerque force is one of 15 investigations of police departments launched during President Barack Obama's first term.

Until Thursday's announcement, federal officials released few details of the Albuquerque investigation but conducted hundreds of interviews with officials and residents.

Jewel Hall, a retired teacher and president of the Martin Luther King Jr. Memorial Center Board, participated in many of the meetings. She said she was hopeful the police department would adopt some of the recommendations.

Still, she said the community "needs to be involved and their input needs to be respected."

New Mexico's acting U.S. Attorney, Damon Martinez, called Thursday a milestone for the city and the police department.

"The coming days and months will determine the next generation of what policing will look like in our city," he said. "We are at a unique time and place where the city can decisively determine the culture of the Albuquerque Police Department and its relationship with the community."

___

Follow Russell Contreras on Twitter at http://twitter.com/russcontreras

http://www.usnews.com/news/us/articles/2014/04/10/albuquerque-police-await-us-findings-on-reform

LAPD officers tampered with in-car recording equipment, records show

An inspection by LAPD investigators found about half of the estimated 80 cars in one South L.A. patrol division were missing antennas.

By Joel Rubin

10:11 PM PDT, April 7, 2014

Los Angeles police officers tampered with voice recording equipment in dozens of patrol cars in an effort to avoid being monitored while on duty, according to records and interviews.

An inspection by Los Angeles Police Department investigators found about half of the estimated 80 cars in one South L.A. patrol division were missing antennas, which help capture what officers say in the field. The antennas in at least 10 more cars in nearby divisions had also been removed.

LAPD Chief Charlie Beck and other top officials learned of the problem last summer but chose not to investigate which officers were responsible. Rather, the officials issued warnings against continued meddling and put checks in place to account for antennas at the start and end of each patrol shift.

Members of the Police Commission, which oversees the department, were not briefed about the problem until months later. In interviews with The Times, some commissioners said they were alarmed by the officers' attempts to conceal what occurred in the field, as well as the failure of department officials to come forward when the problem first came to light.

"On an issue like this, we need to be brought in right away," commission President Steve Soboroff said. "This equipment is for the protection of the public and of the officers. To have people who don't like the rules to take it upon themselves to do something like this is very troubling."

Beck said there was no deliberate attempt to keep the commission in the dark, saying the failure to alert the board was "unintentional."

"The department did not try to hide this issue," Beck said, emphasizing that he has been a vocal advocate for the in-car video cameras that rely on the antennas.

Commissioner Robert Saltzman said he plans to ask department officials to answer questions publicly about how they handled the issue at a meeting this month.

The cameras, which turn on automatically whenever an officer activates the car's emergency lights and sirens or can be activated manually, are used to record traffic stops and other encounters that occur in front of the vehicle. Officers also wear small transmitters on their belts that relay their voices back to the antennas in the patrol car. Regardless of whether they are in front of the camera, officers' voices can be recorded hundreds of yards away from the car, said Sgt. Dan Gomez, a department expert on the recording devices.

The distance an officer can roam and still be recorded depends on what buildings and other objects are interfering with the signal. Removing an antenna does not render the voice recorder useless but cuts its range by as much as a third, Gomez said, citing information from the manufacturer.

Most of the antennas were removed from cars in the Southeast Division, which covers Watts, Jordan Downs and Nickerson Gardens, where relations between police and minority communities have historically been marred by mistrust and claims of officer abuse. The in-car video cameras have been touted as a powerful deterrent to police misconduct and a tool for defending officers against false accusations.

A federal judge last year formally ended more than a decade of close monitoring of the LAPD by the U.S. Department of Justice. The judge agreed to lift the oversight, in part, after city and police leaders made assurances that the LAPD had adequate safeguards, such as the cameras, in place to monitor itself.

The first sign of a problem came in early July when a Southeast supervisor noticed the cameras in a few patrol cars were missing antennas, said Cmdr. Andrew Smith, a spokesman for Beck. Vehicles are equipped with two small antennas, one for each of the officers assigned to the car.

After the supervisor's discovery, a check of the entire fleet of cars in Southeast and the other divisions in the department's South Bureau was done. With a total of about 160 antennas installed in Southeast Division vehicles, 72 had been removed, Smith said. Twenty antennas from cars in other divisions were missing as well.

Because cars in the Southeast Division had been equipped with cameras since 2010 and different shifts of officers use the same car each day, officials decided an investigation into the missing antennas would have been futile, according to Smith and Capt. Phil Tingirides, the commanding officer of the Southeast Division.

Instead, warnings went out at roll-call meetings throughout South Bureau, and new rules were put in place requiring officers to document that both antennas were in place at the beginning and end of each shift. To guard against officers removing the antennas during their shifts, Tingirides said he requires patrol supervisors to make unannounced checks on cars.

"We took the situation very seriously. But because the chances of determining who was responsible was so low we elected to … move on," Smith said, adding that it cost the department about $1,500 to replace all the antennas.

Since the new protocols went into place, only one antenna has been found missing, Smith said.

Soboroff said Beck briefed him on the problem in September and assured him it had been resolved. Around the same time, the commission's inspector general, Alex Bustamante, learned of the antennas and opened an investigation, commission records show.

The department has not identified any cases in which poor audio quality left officials unable to judge whether an officer had acted appropriately, Smith said. It is impossible, however, to know if conversations were not recorded at all because of missing antennas.

Poor recordings during a shooting investigation drew the attention of commission members in February. They were puzzled why several cameras in cars at the scene had poor audio quality, while another had good, clear recordings. Even though the recorded conversations did not seem germane to the incident, the commissioners asked for answers about the problem.

Last month, the department conducted a follow-up audit and found that dozens of the transmitters worn by officers in Southeast Division were missing or damaged.

This time, department officials opted to open a formal investigation into whether officers broke or lost the devices intentionally, Smith said.

joel.rubin@latimes.com

http://www.latimes.com/local/la-me-lapd-tamper-20140408,0,1073897,print.story

Officer cleared in fatal shooting of Hofstra University student

(CNN) -- The police officer who fatally shot a Hofstra University student as she was being held at gunpoint by an intruder has been cleared of any wrongdoing, according to a report released Wednesday by the Nassau County District Attorney's office in New York.

Officer Nikolas Budimlic "reasonably perceived threats of deadly force against himself and others and acted accordingly," the report concluded.

The 28-page investigative report, which includes interviews with police officers and civilian witnesses, as well as forensic evidence, was ordered by District Attorney Kathleen M. Rice after Budimlic opened fire and killed both the armed home intruder and the student in May.

The intruder, Delton Smith, 30, was fatally shot seven times by Budimlic, according to the report.
The student, Andrea Rebello, 21, whom Smith had in a headlock at the time, was shot once in the head by Budimlic. She later died of her injuries at Nassau University Medical Center, the report said.

"Smith ignored numerous commands to drop his weapon and repeated his threats to shoot both Andrea Rebello and Officer Budimlic," the report said. "Officer Budimlic clearly and reasonably believed that the use of deadly physical force was necessary to defend himself and Andrea Rebello and, on this basis, made the decision to discharge his weapon."

Smith, wearing a hoodie and a black ski mask, invaded the home Rebello shared with her twin sister and two others during the pre-dawn hours of May 17, the report said. He told the occupants he was there to enforce the repayment of $10,000 they owed to a "Russian guy," the report said.

Rebello and the other three were forced upstairs where Smith demanded their valuables, including jewelry and electronics. Smith also had one of Rebello's roommates travel to a nearby ATM to retrieve cash, the report said. The roommate called 911.

Budimlic and three other officers were the first to respond. Budimlic was the only officer to enter the residence, which led to the standoff with Smith.

Despite repeated commands to drop the gun and let Rebello go, Smith repeatedly threatened to kill Budimlic and Rebello while alternately pointing his gun at each of them.

According to Budimlic's account, included in the report, the officer noticed a change in Smith's tone and demeanor, describing it as "more tense and desperate."

Budimlic described seeing Rebello turn her body away from Smith, leaving a larger portion of the suspect's body exposed, the report said. Budimlic fired twice. When Smith let go of Rebello -- who was struck by one of the shots -- Budimlic fired an additional six shots, according to the report.

The Nassau County Medical Examiner's office determined that Rebello died from a single gunshot wound to the head. The bullet entered behind her right ear. Smith died of multiple gunshot wounds.

"The incident last year was a tragedy for the Rebello family and a reminder of just how difficult and dangerous police work can be," Rice said in a statement Wednesday. "My thoughts and prayers are with Andrea Rebello's family and friends as they continue to cope with this heartbreaking loss."

Hofstra University declined to comment on the report.

http://www.cnn.com/2014/04/02/justice/new-york-student-killed/index.html

11-year-old building tree fort says officer pulled gun on him, friends

By Aaron Diamant

HENRY COUNTY, Ga. — 

A fifth-grader says he was terrified when a police officer pointed a gun at him and his friends while they built a tree fort.

Omari Grant, 11, said he and his friends often play in a wooded area behind his home and were building a fort when a neighbor in the next subdivision called police to complain about what the boys were doing.

But no one anticipated what Omari and his mother say happened next.

"I guess the release of tension was like, ‘Mom, he had a gun in my face, Mommy. Mommy, he had a gun in my face,’" said Janice Baptiste, Omari’s mother.

Baptiste told Channel 2’s Aaron Diamant that Henry County police officers walked Omari home last week.

"So my son was of course traumatized by that," Baptiste said.

Omari told Diamant that two officers, one with his gun drawn, rolled up on him and a few of his friends as they built a fort in the trees behind his home.

"I was thinking that I don't want to be shot today, so I just listened to what they said," Omari said.

Omari said the officer holding his gun also used foul language and made him and his friends lay down on the ground.

"I learned that they're supposed to help you not make you feel scared to even come outside," Omari said.

Diamant ran what Omari told him past Edgar Dillard, whose wife, according to 911 records, called in from the next subdivision to complain the boys were "chopping off tree limbs." 

"Yeah, that's pretty shocking to hear that a gun was pulled on a child," Dillard said.

And the reason for his wife's call: "There were falling hazards, tripping hazards, all types of hazards, so No. 1 was concern for the children and concern for the environment," Dillard said.

No arrests were made but the department is now investigating the officer's actions after Baptiste filed an excessive force complaint.

"If it was justified then we'll deal with it, if it wasn't we'll address it as well," said Sgt. Joey Smith with the Henry County Police Department.

Omari now admits he and his friends made a bad call cutting off those branches, but is still a little shaken up about how he learned that lesson. 

Meantime, Henry County police won't confirm the name of the officers involved while their supervisors look into the matter.

http://www.wsbtv.com/news/news/local/11-year-old-building-tree-fort-says-officer-pulled/nfQKK/

Local DPD Officer Stored Nearly 600 Nude Pics On Department Phone

April 1, 2014 3:40 PM

DENVER (CBS4) – A Denver police technician who was ordered suspended last month for violating department rules had downloaded and stored 589 nude or semi-nude images of women on his department cellphone. That information is contained in a Denver police internal affairs investigation that was obtained Tuesday by CBS4.

“I inappropriately used my police telephone to store images of nude and partially nude adult females,” said Technician John White on March 19 after receiving news of his 10-day suspension without pay. “While none of the pictures were taken by me, what is on my phone is my responsibility. I deeply regret any hurt or embarrassment my actions may have caused.”

At the time, White, who served as a department public information officer, did not describe the volume of images, what triggered the internal affairs investigation, or how involved the investigation was.

However, the documents obtained by CBS4 show an extensive investigation was conducted into numerous allegations of misconduct. Only one rule violation was sustained — that of inappropriately using his department phone to access and store what the investigation described as “sexually explicit images.”

The probe began on Nov. 8, 2013. A former girlfriend filed a complaint with the police department saying she and White repeatedly had sex in White’s department issued car both on duty and off duty.

“We would pull up on the street and oral sex would happen. Things would happen. All sorts of stuff like that. We would do it all the time,” the woman told investigators.

Questioned by investigators, White adamantly denied having sex in his city car.

“No sir. No. Absolutely not,” White said.

His police vehicle was processed by the DPD crime lab as part of the investigation. Investigators say they did not discover semen in White’s vehicle and the woman’s assertions of sex in the department vehicle could not be sustained.

She also told investigators that she once accompanied White to the DPD Service Center so he could have a flat tire repaired. There, she said the two engaged in sex in the facility bathroom.

“I sent him a picture of myself in the bathroom. And he came into the bathroom. There was stuff that happened in the bathroom,” she said.

Technician White denied having sex with the woman in the service center bathroom and the accusation was deemed “unfounded.” But the investigation did extract from White’s cellphone a photo of the woman in the service center bathroom as she had described.

White’s unpaid 10-day suspension is scheduled to commence April 20.

Reached by phone Tuesday afternoon, White said, “I just want to move on. I really want to move on.”

http://denver.cbslocal.com/2014/04/01/dpd-officer-stored-nearly-600-nude-pics-on-department-phone/