Jury finds Pomona police used excessive force against LAPD officer

latimes.com/local/lanow/la-me-ln-pomona-arrest-20140124,0,2376619.story
latimes.com

By Joel Rubin
4:26 PM PST, January 24, 2014

A jury has awarded a Los Angeles police officer $260,000 after finding Pomona police used excessive force on the young officer and unlawfully arrested him.
The verdict reached Wednesday evening was a final step in Sergio Arreola's nearly two-year push to clear his name after the 2012 encounter that resulted in his being fired from the LAPD and facing a possible prison sentence.

“This was about showing the officers and showing Pomona that they can’t be treating others the way they treated me,” said Arreola, 27.

The Times first wrote about Arreola’s case last year as he was fighting to get his job back.
In the morning on April 11, 2012, Arreola, then a rookie in the LAPD’s Central Division, finished a night shift on patrol and drove to Pomona to meet up with his wife. While on the way, his wife called and asked Arreola to meet her in a nearby neighborhood where a relative had gotten into a minor traffic accident.
Things spun out of control quickly after Arreola arrived. Although Arreola identified himself as an off-duty LAPD officer, within minutes he was on the ground with Pomona officers piled on top of him, placing him in handcuffs.

One of the officers, Eric Hamilton, said in his arrest report that Arreola was aggressive and belligerent from the outset, refusing to obey the officer’s commands.

Hamilton and another officer, Chris Tucker, described Arreola's demeanor as “extremely angry." Tucker said in a report that when he tried to handcuff Arreola, he “began to twist and tense up, pulling his arms from our grasp.” The officers alleged that Arreola tried to punch Hamilton in the face as they restrained him.
Pomona police officials notified Arreola’s LAPD supervisors of the arrest and the account of his behavior that Hamilton and Tucker had given. The following day, Arreola’s commanding officer called him into the station and gave him a choice to resign or be fired.

He refused to resign, saying he had done none of the things the Pomona officers accused him of doing.
Out of a job, Arreola's situation worsened when prosecutors in the L.A. County district attorney's office charged him with three misdemeanors for resisting arrest, assaulting Hamilton and obstructing the officers' work.

They eventually dropped the assault charge but refused to budge on the others. Arreola refused to consider a guilty plea in exchange for a lenient sentence. “They've ruined my life, they've ruined my name,” he recalled saying to his attorney at the time. “What's the worst they can do? Send me to jail?”

At his trial, jurors heard a starkly different account of the morning than the one the officers had told.
Arreola took the stand to challenge the officers’ allegations, saying Hamilton had been the aggressive one, cursing and yelling at him. He denied ever resisting the officers, saying Tucker had intentionally pulled him off balance as he was being frisked and, when Arreola stumbled, the officer used it as an excuse to take him to the ground.

In an audio recording of the encounter captured by a recorder Hamilton carried, the officer is heard telling Arreola repeatedly to “stop resisting” and Arreola saying that he is not resisting. Arreola is also heard pleading with onlookers to record the scene.

Once on the ground, Arreola said, the officers punched him repeatedly. Hamilton, he said, bent his left arm back violently and Tucker attempted to subdue him by using a choke hold.

Later in the recording, Hamilton told Arreola's wife, “I'm going to make sure your husband is never a police officer in the state of California again. I'll talk to Chief Beck myself personally,” referring to the LAPD chief.
And jurors listened as Hamilton and Tucker recounted the arrest for other officers. “I just about broke his left arm. I wanted to break his arm,” Hamilton said. “I had my arm around him to choke his ass out,” Tucker said.

The jury found Arreola not guilty. Following the acquittal, the LAPD offered Arreola his job back.
Pomona police officials could not be reached for comment. It is unknown whether the department has conducted an internal investigation into the conduct of Hamilton and Tucker.
Matthew McNicholas, Arreola’s attorney in the civil case, said that though the jury did not award Arreola as much money as he had hoped, the verdict sent a message.
“The jury saw these officers beat him, just abused him intentionally. They took everything away from him…. This verdict completes Sergio’s vindication.”

Copyright © 2014, Los Angeles Times

Denver sheriff failed to investigate misconduct claims, monitor says

 By Sadie Gurman
The Denver Post

The Denver Sheriff's Department failed to investigate dozens of serious allegations of deputy misconduct over the past 2½ years, including inmates' claims that deputies choked them, sexually harassed them and used racial and ethnic slurs.

That finding came in the latest report from the city's independent monitor, Nicholas Mitchell, who cited sweeping problems with the way the department investigates jail inmate grievances.
The monitor didn't say which, if any, of the allegations were true, only that each was serious enough to warrant an internal affairs probe under sheriff's department policies. The department's approximately 730 deputies are primarily responsible for overseeing Denver's jails and transporting inmates.

The report, released on Tuesday, did not mention whether any deputies had been disciplined, and a department spokesman said he did not know.

"Internal affairs units have the specialized expertise and independence required to investigate allegations of serious officer misconduct, such as alleged excessive force or sexual misconduct," Mitchell told The Denver Post. "This is a very well-established national best practice."
Of 861 inmate complaints filed between January 2011 and June 30, 2013, 54 were "serious grievances" that included allegations of excessive force, sexual misconduct and bias, Mitchell wrote.
But the department's internal affairs bureau investigated just nine of those cases. Inmate grievances triggered just three of those investigations. The other six investigations launched only after inmates filed separate complaints with internal affairs or other agencies, such as Mitchell's office.
Yet his report said the sheriff's department also failed to routinely notify the monitor's office of misconduct complaints per city ordinance. It said some deputies reported being told they could not refer grievances to internal affairs without first notifying their supervisors.

Of the cases that went uninvestigated, 31 were allegations of inappropriate force, 11 involved allegations of sexual misconduct, and 14 were allegations of bias. Inmates accused deputies of inappropriately striking them, choking them, slamming them into walls or doors, stunning them with Tasers or throwing them to the ground.

Racial, ethnic slurs
Other inmates said deputies made racial or ethnic slurs or insulted them about their sexual orientation. Still others said deputies inappropriately touched them, threatened them with violence and denied them access to medical care.

The report didn't discuss the specifics of the allegations because Director of Corrections Gary Wilson has since ordered internal affairs investigations into 47 of them.

Jail supervisors looked into some of the cases, sometimes gathering written statements from officers or inmates or studying surveillance. But other complaints were not investigated at all, Mitchell wrote.
"We will consider his recommendations as well as conduct a second investigation through our Internal Affairs Unit of the less than 1 percent of grievances he has highlighted in his report," Wilson wrote in an e-mailed statement to The Denver Post.

Maj. Frank Gale, a sheriff's spokesman, would not elaborate on how the department would investigate the grievances, some of which are more than two years old, except to say that "the process of investigating allegations is always the same," and usually involves a review of surveillance footage and interviews with witnesses.

Gale also noted that the department's policies were recently praised by a national auditing group.
Mitchell also found that a small group of deputies account for a disproportionate number of inmate grievances, something he said officials should have spotted if they had better ways to analyze patterns in inmate complaints.

Of 788 grievances dealing with deputy conduct, 125 were filed against just four deputies, whom the report doesn't name.

"Put another way, four deputies out of a force of over 700 accounted for almost 16 percent of the total number of grievances about officer conduct during a 2½-year period," Mitchell wrote. "We believe that this pattern should have triggered a supervisory response that could have included meetings with the deputies, attempts to identify the reasons for the continued complaints against them and other supervisory forms of intervention, if appropriate."

Deputies not ID'd
Better analysis of the complaints can also help jail officials spot inmates who abuse the system, Mitchell said, noting that six inmates accounted for 50 of the 788 conduct grievances.
Gale said he did not know the identities of any of the deputies named in grievances.

"If these officers are specifically being labeled as performing acts of misconduct, that's going to be reviewed as well," he said. "It could be that these officers were assigned in places that dealt with inmates that had a higher security classification and are prone to resist order and direction."

Mitchell noted at least 10 unrelated incidents that resulted in "significant discipline" against deputies. One was fired for using excessive force, failing to report it and later lying about it; another was fired for lying in reports and to internal affairs investigators about an inmate's actions in a use-of-force case; and another was fired for allowing two inmates to dump water and spray chemicals on a third who was in a locked shower cell, among other cases.

Leaders of the Fraternal Order of Police Lodge No. 27, which represents Denver sheriff's deputies, did not return phone calls seeking comment.

Sadie Gurman: 303-954-1661, sgurman@denverpost.com or twitter.com/sgurman

Texas Police Officer Accused of Raping Woman During Traffic Stop

Texas Police Officer Accused of Raping Woman During Traffic Stop

San Antonio Police Have Put Officer Jackie Neal on Leave

By BEN GITTLESON

Nov. 26, 2013—

A San Antonio, Texas, police officer who was arrested for allegedly raping a 19-year-old woman he pulled over for a traffic stop was placed on administrative leave, police told ABC News.
Officer Jackie Neal, 40, is being investigated in connection with the sexual assault of the woman in San Antonio last week, San Antonio Police Department spokesman Roger Zuniga said Monday.
Neal, who lives in San Antonio, is accused of assaulting the teen while he was on duty, in full uniform and in a marked patrol car, Zuniga told ABC News.
"This conduct is unthinkable and I'm absolutely outraged," San Antonio Police Chief William McManus said in a statement provided to ABC News. "Once we became aware of the allegation, we took prompt action."
Neal, an 11-year veteran of the police force, allegedly stopped the victim Friday morning, searched her vehicle, handcuffed her and touched her on her breasts over her shirt, police said. He then had nonconsensual sex with the woman, according to a police report.
Neal was arrested after a traffic stop at about 2 a.m. Saturday morning, police said. An emergency protective order was filed against Neal to protect the victim and her child, according to the report.
A voicemail left at a number listed for Neal was not immediately returned.
Zuniga did not respond to a question about whether Neal, who is assigned to an overnight shift, is still receiving pay while on leave. He referred questions about whether there were any previous complaints against Neal to San Antonio's Firefighters' and Police Officers' Civil Service Commission, which did not reply to a request for comment.
The Bexar County District Attorney's Office referred questions about the case to the San Antonio Police Department.
"A high standard of conduct is a priority of the S.A.P.D." McManus said, referring to the police department. "I praise the victim for having the courage to come forward and having the confidence in the S.A.P.D. to handle the case effectively."

Copyright © 2013 ABC News Internet Ventures

Sister of woman shot by West Valley police says officers should be criminally charged

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

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.

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.

By Rebecca Fishbein in News on Jul 26, 2013 11:58 AM (from the Gothamist.com)

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