Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
Three city police officers were cleared
Monday of wrongdoing in the fatal shooting of a city man in an East
Side apartment building last September. Following a lengthy
investigation, State's Attorney Jonathan Benedict concluded that the
three officers were justified in using deadly force in the fatal
shooting of 41-year-old Jonathan Mosely on Sept. 28. Mosely, the
investigation found, was hit by seven shots fired by three officers.
"The officers were confronted by a man who was about to swing a
baseball bat at the head of one of their group. Such conduct clearly is
capable of inflicting a fatal injury. Moreover, Mr. Mosely gave the
officers no opportunity to safely withdraw, nor would that have been
permissible given the ongoing threat to the occupants of apartment
105," the area's top prosecutor wrote in a six-page decision. Mosely, a
resident of French Street, was shot to death by Officers Jason Amato,
Damien Czech and Sean Lynch after they confronted him standing outside
his former girlfriend's door on Central Avenue with a baseball bat in
his hands. The shooting sparked controversy in the city's minority
community, prompting state Sen. Ernest Newton, a relative of Mosely, to
say he was concerned that some might retaliate against police. [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM

Three Louisville Metro Corrections
officers were arrested yesterday, accused of beating a handcuffed
inmate. Sgt. Robert Arnold, 41, and Officers Joshua Spenton, 30, and
Scott DeJarnette, 28, also were suspended without pay after an
investigation by the Louisville Metro Police Public Integrity Unit,
said Pam Windsor, Corrections spokeswoman. The three are charged with
fourth-degree assault and official misconduct, both criminal
misdemeanors, Windsor said. They were released without bail last night,
she said. The charges stem from the Jan. 16 beating of Adrian Garner at
the jail, according to the arrest warrants. The warrants said the three
white officers used racial slurs and threats against Garner, an African
American. According to the arrest warrants, the corrections officers
are accused of beating Garner, 32, while they were escorting him from a
cell to another part of the jail. Garner had asked to go to the medical
ward to seek someone in mental health, according to the arrest
warrants, but it was unclear if that was why officers removed him from
the cell. "After placing (Garner) in handcuffs, (DeJarnette) removed
(Garner) from his cell and forced (Garner) to walk bent over, with his
arms behind him and above his head," the warrant against DeJarnette
said. In warrants issued against all three, it is alleged that, when
Garner got to Door 7 in the jail, the officers tried to pull him to the
ground, then jumped on him to get him on the ground. The officers
"dived on top of (Garner), striking (Garner) with their knees," one of
the warrants said. The warrants say the blows -- from fists and elbows,
along with kicks -- continued for four to five minutes.
[more] and [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM

Last Friday night, a group of cops beat up Guamas restaurant owner
Rubens Mesa, smashing his head into a light pole and repeatedly kicking
and hitting him. An eyewitness who is a security Guard, Regina Baker
said, “I’ve never seen someone get beat like that, ever. He just didn’t
deserve that.” Sgt. Dwayne Prejean and officer Michael Boutte were
reportedly following recent department directions to enforce an old
state law for “obstructing public passages” that forbids some downtown
bars and restaurants from serving patrons at tables on the sidewalk
outside their building. After Guamas’ management resisted moving its
tables inside, one customer, Tyler Guilbeau, made a remark that the
police had nothing better to do than harass businesses about their al
fresco tables. Guilbeau was arrested for disturbing the peace. After
the owner of the restaraunt's wife complained about the arrest the
police arrested her also. At this point, owner Rubens Mesa turned and
questioned the police. A witness said, “Mr. Mesa’s standing right
there, and he turns around and says, ‘What’s going on?’” He’s standing
there and then four cops rush him, and they throw him up against the
lamppost right there, and they’re holding him.” One of the officers
pushed Mesa by his chin and slammed the back of his head against the
tall green lamppost on the corner of Jefferson and Vine streets and
then forced him to the ground. At this point, backup police officers
arrived. At least five police officers converged on Mesa, a 35-year-old
Cuban immigrant of medium build. Baker says the police pinned Mesa face
down on the ground and began beating him while his wife, in handcuffs
and on her knees, looked on screaming, “You see this! You see this!” [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
The FBI has been called in to look into
a shootout between Chicago police and an off-duty railroad officer back
in February. Howard Morgan was shot 25 times. Police say he pulled a
gun on officers and is now charged with attempted murder. There were
people who saw Howard Morgan's bullet-riddled body two months ago who
did not think he would live long enough to wage a court battle for his
innocence. But Morgan has survived a hail of Chicago police bullets.
Now, he is demanding his right to bail, even though he is physically
unable to appear in court. Morgan, a 54-year-old railroad cop is
recovering from as many as 25 bullet wounds inflicted by Chicago police
eight weeks ago. Morgan is charged with four counts of attempted murder
and is being held without bail, shackled to his bed at Cook County's
Oak Forest Hospital. His wife wants a bail amount set so she can pay it
and transfer Morgan to a better hospital. "He has medical insurance --
the best medical insurance -- and he would be able to go to another
facility," said Rosalind Morgan, suspect's wife. On February 21, Morgan
-- a retired Chicago officer -- was stopped for a traffic violation by
four uniformed city cops. Police investigators claim Morgan pulled a
gun and began shooting before the officers returned fire. One city
officer was hit in his bullet-proof vest and two others suffered graze
wounds. "It's a question of police officers shooting police officers.
The issue is not whether or not police officers shot police officers,
but why?" said Leo Holt, defense attorney. In court Wednesday, Judge
Kathleen Pantle denied Holt's motion to set bail, saying to do so
without Morgan in court would violate the defendant's constitutional
rights. [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
Federal authorities say they did not
find evidence of civil rights abuses in last fall's fatal shooting of a
black man by a white Kalamazoo police sergeant. Kalamazoo Department of
Public Safety Chief Dan Weston said he received a letter Monday from
the U.S. Department of Justice clearing Sgt. Stacey Geik of criminal
wrongdoing in the Sept. 30 shooting death of John Gill. "We have
concluded that the evidence does not establish a prosecutable violation
of the federal criminal civil rights statutes," a letter from Albert
Moskowitz, chief of the criminal section of the Department of Justice's
civil rights division, said of its review of the shooting. Prior
investigations by the Department of Public Safety, City Attorney's
Office and Kalamazoo County Prosecutor's Office found Geik, who was
investigating a suspected arson at Gill's apartment, was justified in
shooting Gill when Gill refused Geik's repeated orders to stop as Gill
walked toward the officer and raised a cocked and loaded handgun.
Gill's widow has filed a $50 million lawsuit against the city alleging
the shooting was unjustified, an excessive use of force and an abuse of
power. The Rev. Jerry McNeely, president of the Metropolitan Kalamazoo
Branch of the National Association for the Advancement of Colored
People, has criticized investigations of the shooting and said a
coroner's report suggests to him that Gill was shot in the back.
[
more]
and [more]
- Fatal Shooting Results in $50 million lawsuit. [more]
- Kalamazoo NAACP president asks for further investigation into deadly shooting [more]
- Man shot by officer recalled as brave, loving role model [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
An island man’s lawsuit claims a police
officer beat him after issuing ethnic slurs. After a 2003 encounter
with police officers, Emmanuel “Alex” Watson faces two criminal charges
stemming from the altercation, but his lawyer told The Daily News later
that year that he was the assault victim. Police were at the Residence
at West Beach apartments, in the 3200 block of 69th Street on March 30,
2003, investigating a resident’s complaint about men shooting a BB gun
at exterior lights at the complex. The lawsuit claims Watson was
leaving with his daughter, 5, and two other men when he saw a uniformed
man standing by what the suit describes as a “fishing spot” on the
property, talking to another officer. When Watson asked the men what
the best type of bait for the pond was, the suit claims, the uniformed
officer used profanity and an ethnic slur against him. The police
report stated that Watson ... a native of Venezuela ... was only asked
his name. At first, Watson gave only his last name, and after a brief
verbal exchange, his lawsuit claims, the officer grabbed him by the
throat, slung him to the ground and began beating him. The lawsuit
claims the other officer held Watson’s two companions back while the
assault occurred. [more] and [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
Two years after a Zephyrhills man was
killed in the Pinellas County Jail, two deputies and a sergeant face
suspensions in connection with the man's death. After hearing the
findings of an administrative review board, Sheriff Jim Coats ruled
Friday that Deputies William Johnson and Walter Kelly each should be
suspended for three days without pay for not monitoring inmate Larry
Germonprez as they restrained him. They also should receive remedial
training on the use of force, the sheriff said. "A three-day suspension
within our organization is not minimal," said Coats' chief deputy,
Dennis Fowler. Sgt. Sheila
Christian, who supervised the deputies but didn't restrain Germonprez,
faces a 10-day suspension and a year of supervisory probation. She
should have called for a specially trained team to restrain Germonprez
because he had earlier resisted other deputies, the sheriff's review
board found. On March 11, 2003 three deputies forced Germonprez, 41 into
the cell and pinned him face down on a padded cot until he stopped
resisting. Minutes later, Germonprez - a college graduate and father of
six - died, his ribs broken in 17 places, the air crushed out of him..
Germonprez had been arrested after a car accident and
charged with leaving the scene of a crash, drunken driving, driving
with a suspended license and possession of marijuana. His family was
angered Friday after learning of the suspensions. Pugh, her two
children and Germonprez's four children by other women filed a
$10-million wrongful death lawsuit last month. "Deputies killed him and
his children deserve better than these suspensions," she said [more] and [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM

- but LA Police Officers still have Guns, Batons, Fists, Feet and Racist Minds
Los Angeles' police chief said he would
direct officers to switch to smaller and lighter flashlights after a
divided Police Commission on Tuesday deferred the politically charged
decision to him. Chief William J. Bratton said the catalyst for the
change was the case of car-theft suspect Stanley Miller, who was
repeatedly struck with an oversized 2-pound metal flashlight by a Los
Angeles Police Department officer during a televised incident 10 months
ago. Bratton said the new flashlights would be 10 inches long or
shorter, would weigh less than 12 ounces and, unless shorter than 6.9
inches, must be made of rubber or polymer. More than 250 recruits in
training will receive smaller flashlights in the coming weeks, he said.
Some officers may already have their own flashlights that meet the new
specifications. [more]
- Pictured above:
Stanley Miller shortly after his beat down by LAPD Officers using
flashlights last July. The brutal beating was partially captured on
videotape. No officers were ever punished. Miller claims to have brain
damage. A Civil suit is pending
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
A Riverside man has accused the San
Bernardino Sheriff's Department of excessive force, including pointing
guns at children, while serving a search warrant at the man's house in
March. "They came into my house ... for no reason,' Oscar Chavez said
Thursday. "They screamed and pointed guns at the children, my family.'
San Bernardino Sheriff Gary Penrod called the accusations "bizarre.'
The search warrant was conducted in a professional manner, Penrod said.
"When we do a search warrant, the officers go in armed with their guns
out,' he said. "I didn't get involved in it that much, but from
everything I've heard, everything was above board.' Chavez's lawyer,
Mark Blankenship of Riverside, filed a lawsuit against the Sheriff's
Department, Yucaipa businessman James W. Braswell and Deputy Sheriff
Harry Hatch in U.S. District Court on Monday. Deputies, including
Hatch, searched Chavez's house in Riverside and two businesses in San
Bernardino County on March 31 in an attempt to find information about
four cars the Department of Motor Vehicles said are missing. "They came
in, they broke things. The children are sick because of it,' Chavez
said. Chavez and his brother Armando operated the Rancho Los Amigos
auto dealership on Valley Boulevard in Bloomington for Braswell, who
owns the dealership, the search warrant said. Braswell notified the DMV
that the auto dealership was missing four reports of sales and said
Oscar and Armando Chavez embezzled up to $800,000 in cash and vehicles
from him.Steven Figueroa, president of the Mexican-American Political
Association, filed another complaint against the Sheriff's Department
on Chavez's behalf with the U.S. Attorney's Office. It includes 18
pages of the children's handwritten descriptions of the morning of
March 29. Five-year-old Stephanie Banuelos, visiting the United States
from Mexico, described how the "policias' woke her up and made her
stand in the street in her pajamas. "I was very cold and afraid,' she
wrote in Spanish, the only language she speaks. She said she was forced
to go to the bathroom with the door open and was prohibited from
speaking Spanish. [more]
Friday
Apr222005
Friday, April 22, 2005 at 03:30PM
An FBI investigation has cleared three
Eunice police officers of claims that they beat a jail inmate in
October 2003, police chief Gary Fontenot. Fontenot said he received
word Monday that investigators found no evidence to support the
allegations brought by Donald Ray Leday, 49. Police records show that
Leday was booked with disturbing the peace through intoxication,
resisting an officer, battery on an officer and vehicular trespassing.
He was held overnight and bonded out the next day. Fontenot said in
2003 that the officers suggested that Leday fell while drunk, injuring
himself. George Fisher, president of BlackMan 7, has charged that three
officers severely beat Donald Ray Leday. In October 2003 Fisher
met with Eunice Police Chief Gary Fontenot to demand that the officers
involved be suspended and that an independent investigation by the
Louisiana State Police be conducted. In an interview before the
meeting, Fontenot said he had already called for state police to
investigate on his own. "I don't need to be ordered to do my job
by a radical group," Fontenot sai [more] and
[more]
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