NYC -- Break-in suspect dies in cuffs

A disturbed man who was arrested for trying to break into an occupied car in Brooklyn died shortly after being handcuffed by cops, officials said yesterday. Craig Davis, 35, had a seizure as he was being arrested around 4 p.m. Thursday and died 90 minutes later at Brookdale University Hospital, police said. Several witnesses spotted Davis acting erratically as he walked along E. 95th St. in Remsen Village before he tried to get into a car stopped at a red light, police said. Responding to a 911 call of an attempted car theft, two 67th Precinct cops rushed to the scene and confronted Davis, who took a swing at one of them, police said. Davis was apprehended after a brief struggle and then went into his seizure. Paramedics sped him to Brookdale. The results of the autopsy performed by the city medical examiner were not released. Sources said Davis, who has a prior arrest for robbery, was believed to have been enrolled in a drug treatment program. It was not clear if he had other health problems, sources said. Several people who described themselves as members of Davis' family declined to talk at his Brownsville home yesterday. His death, which is still under investigation, came just four days after 43-year-old Jose Feliciano, an epileptic homeless man, was gunned down by a patrolman in East New York. [more]

Phoenix police to investigate officers' handling of Latino Man: Beating Caught on Videotape

Phoenix police asked the Maricopa County Attorney's Office on Wednesday to determine whether criminal charges should be filed against two police officers for their actions caught on videotape during the arrest of a 22-year-old assault and carjacking suspect on Tuesday.  The 12 News video shows officers hitting and elbowing Jaime Jimenez, a Mexican national who was already handcuffed. Jimenez is accused of assaulting and robbing a pregnant woman at gunpoint outside a supermarket near 43rd Avenue and McDowell Road. Phoenix police are conducting an internal investigation into the incident and will forward their report to the County Attorney's Office when it's complete. Some Hispanic leaders said that such behavior can't be condoned.  "If I went out and did that . . . it would absolutely be criminal conduct," said attorney Stephen Montoya, who called a description of the incident a classic case of assault and battery. "Just because a police officer does it doesn't make it trivial."   According to police descriptions of the two officers, the video shows: Officer Steven Huddleston, 31, lunging into Jimenez, who appears to be facing a wall, with his hands in the air;  An officer striking Jimenez in the upper body; An officer putting his foot on Jimenez's midsection; Officer Thomas Beck, 32, holding his fist on Jimenez's neck, putting a large amount of weight on it; Beck punching him in the groin after rolling him in the dirt while searching his pockets; Huddleston, 31, standing on the back of Jimenez's left knee; Huddleston elbowing Jimenez in the face as he was walked to the patrol car. Jimenez suffered no serious injuries, police said, and was booked into a Maricopa County jail on charges of kidnapping, armed robbery and assault. [more]

• Police request review in taped arrest case   [more]

Broward shooting of Mexican national spurs talk of better training

After the controversial shooting of an undocumented immigrant, Broward Sheriff Ken Jenne met with Mexican officials last week to discuss ways to ensure foreign nationals involved in police action meet with their consular officers. "We met with [Jenne], who was very concerned about the shooting and he was open to how consular notification should be interpreted and applied," Mexican Consul General Jorge Lomonaco said on Thursday. "He wanted our help in enlisting Spanish-speaking recruits and in coming up with classes that deal with racial profiling." The meeting, which a Sheriff's Office spokesman confirmed, was prompted by the Nov. 3 shooting of a Mexican national outside the Whispering Isles apartment complex in Pompano Beach. Deputies approached him and another man after they mistakenly tried to enter the wrong apartment. An attorney for the men, who are undocumented immigrants, said they were returning home from their first day at work and were confused about which building they lived in. One of the men, Germán Gómez, remains hospitalized with a gunshot wound to the head, barely able to speak and unable to move much of his body. The second man, his cousin Javier Dominguez, was detained for several hours by the Sheriff's Office and threatened with deportation. It remains unclear whether he was informed of his right to contact the consulate for help. [more]

Seven Richmond residents to stand trial in racial confrontation with Police

Seven people are scheduled to go on trial this week for their roles a May 30 altercation outside a nightclub that has strained relations between black residents and city police. Police say the incident began outside the Magic Moments club when two men ran from officers. Police had come to the scene to clear vehicles blocking Orange Street in a predominantly black section of Richmond. One of the men was identified as Larry E. Sims Jr., 19. He and another man got into a sport utility vehicle owned by Natasha Miller, Sims' girlfriend. Miller was body-slammed by a Richmond police officer after a gun had fallen out of her boyfriend's clothing. Angry bystanders, some of whom were leaving a nightclub down the street, were pepper-sprayed by police, and seven people were arrested. In the six months since the incident, there have been protests at city hall, forums held to discuss racial issues, indirect apologies, mediation from the U.S. Department of Justice and an FBI investigation. Both police officials and residents expect the charges to be dropped before trial. But even as a deal neared completion last week, some residents said relations with the department had not improved. [more]

Latino Man accuses Miami officers of brutality

After a man said two police officers used excessive force during his arrest, the officers have been removed from their patrol assignments and given desk duty while an internal investigation is conducted. Following allegations of police brutality, two officers were pulled off street duty on Nov. 19 and given desk assignments pending the outcome of an internal affairs investigation. The excessive force accusations against Officers Elio Cruz and German Gutierrez were made by Guillermo Cartagena, 25, who was arrested by the pair on Nov. 7 on the street outside a popular South Beach nightclub. The encounter left Cartagena with a broken nose and other injuries, according to his lawyer. The two men normally work as patrol officers on the afternoon shift, but will be working in the police station until the investigation is finished, police said.  Hernandez said the two officers were working off-duty as outdoor security for Opium Garden. According to the arrest report, Cartagena became unruly when asked to leave the premises, and club security asked Cruz and Gutierrez for help. According to the arrest report, Cartagena claimed he was a New York City police officer, then swung at the officers, striking Gutierrez in the chest and Cruz in the shoulder. Cruz punched Cartagena in the face, then used a Taser stun gun on Cartagena while he was on the ground because he continued to kick and fight, police said. Among other injuries, Cartagena's nose was broken and multiple teeth were chipped, his lawyer Keith Seltzer said. ' [more]

Mentally Ill Black Man Shot & Killed by Shelby Police

A Shelby police officer shot a man Wednesday afternoon during a struggle to take the man to a mental health facility. Shelby police officer Sean Mowery shot Milton Gaines, known as "Karate Man," who was then transported to Cleveland Regional Medical Center. Some witnesses said Gaines was shot in the torso, although Shelby Police Chief Tandy Carter could not confirm that Wednesday evening. "The officer was defending himself," Carter said at the scene near the intersection of Logan and Crawford streets. "If you feel your life is threatened, you can use deadly force. That's why we carry guns." Gaines had been in and out of mental health facilities, neighbors said. They said he lived alone and they didn't consider him a threat. He walked along the street talking about religion, they said. About 4:20 p.m., Mowery arrived at Gaines' home at 505 Crawford St., a few blocks east of Cleveland Regional Medical Center, to serve involuntary commitment papers that would force Gaines to undergo psychiatric treatment. Gaines became combative and Mowery called for backup, Carter said. The two got into a struggle and Mowery defended himself by shooting Gaines, Carter said. Gaines lives alone and most mornings can be seen performing T'ai Chi, a form of martial arts, in his front yard, neighbors said. "He doesn't bother anybody," Torie Woods, a neighbor, said. "He walks around and talks to anybody. There was no need to shoot him." Dozens of Shelby police officers, Cleveland County Sheriff's Office deputies and emergency medical services workers raced to the scene. A crowd gathered and watched as ambulances carried Mowery and Gaines away. [more]

Family sues Blue Island in 74 Year Old Latino Man's Death -- Beaten by Cops

Antonio Manrique, a quiet grandfather who spoke limited English, died from a beating at the hands of two Blue Island police officers, according to a wrongful death lawsuit filed Thursday by his family. The lawsuit in Cook County Circuit Court says the officers beat Manrique, 74, about the head and torso with their fists and batons, causing internal bleeding and blood clots that ultimately led to his death. City officials declined to comment on the suit, which stems from an Oct. 6 incident in which two officers, Charles Sykes and Berni Rzab, responded to a call in the 2300 block of West Krueger Street about gang graffiti. Upon arriving at the scene, the officers encountered two men in a dark alley and called out to both of them to stop, police reported. One man tried to flee on a bicycle, and the other, Manrique, was reported to have "trotted away." He was subsequently tackled to the ground, the police report said. The officers were driving an unmarked car and were not in uniform, said attorney Timothy Tomasik, who represents Manrique's family. Manrique appeared to be shaking after the incident, the police report said. He told officers he was suffering from a diabetic attack. "By all accounts, he was not violating any law," Tomasik said. "He was not threatening anyone." He was not charged with a crime. Tomasik described Manrique as a gentle and frail man who had an unsteady gait and would tremble when he walked. "This is a case of a grandfather who is now dead because police officers exercised extreme and excessive force, killing an innocent elderly gentleman," he said. Manrique, a Mexican immigrant, suffered several broken ribs during the confrontation and was taken to the hospital. He was covered in cuts and bruises, Tomasik said. Manrique died four days later. [more]

Families sue St Louis Police, wrongful death in chase involving 3 Black Teens

The families of three teens killed during a pursuit three years ago filed a wrongful death suit Wednesday against the St. Louis police, claiming a patrol car bumped the fleeing auto and triggered a wreck.  On Nov. 17, 2001, officials said, Tyra Young, Darren Allen, and Martes Mosley were in a stolen Pontiac Grand Am when it crashed into a parked Salvation Army van and fire hydrant in the 4500 block of Martin Luther King Drive. Two van passengers suffered minor injuries.  A witness told the Post-Dispatch at the time of the accident that he saw a patrol car bump the Grand Am. Another said she saw the cars traveling close together.  But Police Chief Joe Mokwa said that police cars never touched the Grand Am and were at least two blocks away at the time of the crash. Mokwa said speeding and a flat tire caused the crash.  Police allowed the Post-Dispatch to review audiotapes of radio messages between police cars and a police helicopter. Those tapes suggest that police cars were not close to the Grand Am when it crashed. Mokwa also said that he asked officers to inspect the police cars involved in the chase and no damage consistent with a vehicle impact was found.  The witness statements triggered weeks of controversy, protests by community activists and calls for an investigation.  Police called for protesters to produce their witnesses, and said none of the witnesses they interviewed described any contact between cars.

• Incomplete List of Victims Killed Under Suspicious Circumstances by Police in St. Louis Compiled by The Coalition Against Police Crimes and Repression [more]

ACLU files motion saying Cincinnati in Violation of Police Brutality Agreement

The American Civil Liberties Union accused the city Thursday of failing to heed police reform agreements reached with the Justice Department and black activists in the wake of three days of race riots in 2001. The ACLU of Ohio in its court motion asked that federal Magistrate Judge Michael Merz find the city in breach of the agreements and order their enforcement. "The basic problem is that the city is trying to unilaterally declare success and end federal supervision of the city when the problems haven't been fixed," ACLU lawyer Scott Greenwood said. "The city can't just walk away from these agreements. They are about police reform and are not just public relations campaigns to attract tourism." The ACLU among other things said the city has failed to implement problem-solving in the police department, improperly used arbitrary arrest sweeps and is seeking to end the agreements prematurely. The ACLU filed a class-action lawsuit against the city in 2001, accusing the police of harassing black citizens for 30 years. That year, Mayor Charlie Luken asked the Justice Department to examine police operations following three days of rioting. The riots came after a white police officer shot and killed an unarmed black man wanted on misdemeanor charges who ran from police. The officer was cleared at a trial. [more

Protesters: Denver Cops play "race card"

About a dozen African-Americans gathered in front of the Aurora Municipal Center on Thursday afternoon, demanding an arrest in the shooting death of Aaron Davis. "We are here today to expose a crime that has been committed, and no one is in jail," said protester Shareef Aleem, 36, of Denver. As of Thursday afternoon, no arrest had been made in the shooting of Davis and his wife, Benita Coleman-Davis, who remains hospitalized in critical condition. Protesters said authorities know the identity of the shooter but that he hasn't been arrested because he is white and the couple were black. "What is happening here is the race card, absolutely," said Kenneth Lewis, a cousin to Aaron Davis. "This is an outrage, and it shouldn't be overlooked. Where is the justice? This is what we want." Davis, a 39-year-old postal worker, was shot twice Saturday night in a parking lot outside an Aurora video store. His wife, a 36-year-old paralegal, also was shot twice. [more]

• Pictured above: Shareef Aleem attends a rally outside the Aurora Municipal Building on Thursday. They protested what they claim is the police department's refusal to make an arrest in the shooting death of Aaron Davis.