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Florida Police Brutality and Police Misconduct 
 
 Page 2

 

11/05/2004 -- A Florida sheriff's deputy chased, tackled, punched and arrested a freelance investigative journalist from Long Island who was photographing voters outside of Palm Beach County's main elections office.

Henry, a freelance journalist and economist, ran away from the 600-person line of voters after Sheriff's Deputy Al Cinque tried to confiscate his camera. Cinque chased Henry for 100 feet and tackled him to the pavement where he punched him in the back before handcuffing him within a few feet of a Post reporter and Marcus Warren of the London Daily Telegraph . When Henry tried to hand the officer his identification cards that were later found on the ground, Cinque punched him again.

But Assistant Palm Beach County Attorney Leon St. John, who represents the elections supervisor, said Cinque told him that Henry "took off running and tripped and fell in the parking lot," after saying something inappropriate to the deputy and taking a picture of him.

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10/14/2004 - -Michael F. Fagan, formerly an officer with the Marco Island Police Department, formally filed suit against the City of Marco Island, City Manager A. William Moss, and Police Chief Roger Reinke, individually.

Fagan's counsel is Debra A. Rowe of Fort Myers. Fagan states in his complaint that on Jan. 1 of this year, while on routine patrol, he discovered a vehicle engulfed in flames and called for backup law enforcement.

Further investigation showed "A 15-year-old boy who had been drinking at a party had, without authorization, taken the vehicle that belonged to someone else, wrecked it and fled the scene."

Fagan was later advised that City Councilman E. Glenn Tucker, attorney, had been retained to represent the 15-year-old boy. Fagan said Tucker had advised the case agent who interviewed the boy that, "The only thing the boy was going to be charged with was leaving the scene of the accident and that the police chief and city manager had confirmed this."

According to Fagan, "The investigation was closed and the boy was charged with the single violation and released on a summons."

Frank Pollara, who asked him if he was aware of a case where a boy at his daughter's school had bragged about stealing a car, wrecking it and leaving it to burn "and all he got was a ticket for leaving the scene of an accident because his family was 'connected'."

Pollara requested and received a copy of the report "pursuant to Florida's public records law" and subsequently wrote a letter "alleging police misconduct and a "cover up'" to media sources radio, television, newspapers as well as officials such as the attorney general.

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Officer Involved: Shawn Pringle

Location: Florida

7/12/2004 -- A former Jacksonville officer pleaded not guilty to sexual battery in court Thursday. This is the second sex charge he's faced in a month.

Former Detective Shawn Pringle is accused of sexually battering an acquaintance and using his squad car to pull her over and attack her.

This is the second time Pringle has been accused of using his position as an officer to sexually assault someone.

The latest charges stem from an assault that occurred in 2000. JSO received a tip about the incident while they were investigating Pringle for another sexual assault.

He was charged a few weeks earlier for assaulting a confidential informant while working as a narcotics detective.

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July 22, 2004 -- Fort Pierce Police Chief Eugene Savage suspended a 3-year veteran of the force this week after "egregious" allegations of criminal misconduct were made against the officer.

Dwight Toombs, 30, was relieved of duty and suspended with pay on Monday until the result of the "serious criminal complaint that has been lodged" is known, according to a Fort Pierce police memo.

Savage said a person came forward with information that was "disconcerting."

Toombs, who could not be reached for comment, was ordered to turn in his patrol car, badge and any department weapons, according to the memo.

The Fort Pierce Central High School graduate and former Marine received average reviews on his annual evaluations.

"Dwight follows organizational policies and procedures," according to one evaluation. "In most situations, Dwight is able to keep promises and honor the commitments he has made."

Toombs' personnel file includes only one disciplinary action. He was suspended for one day in 2003 after he failed to report that he drove off from the city's fuel pumps with a gas nozzle still connected to his patrol car, causing damage to the pump and vehicle, according to the report.

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Officers Involved: Arturo Trevino

Location: Florida

6/24/04 -- Exactly one week after his termination was recommended, former police Lt. Arturo Trevino resigned amid accusations of abuse of authority, spreading false rumors and lying under oath. Trevino, a 16-year veteran of the Winter Haven Police Department, received $27,628.32 in severance pay, including accrued vacation, holiday and sick pay. He signed the agreement June 17. At the time of the agreement, a due process hearing was pending regarding the findings of a recent internal investigation by the Police Department into Trevino's conduct.

The results of the investigation were released June 10. Police Chief Paul Goward determined that Trevino lied under oath, abused his authority by unduly punishing a subordinate and spread false rumors that a female officer had been molested by a male officer during a trip to a Devil Rays baseball game.

In a five-page memorandum listing his final recommendations regarding Trevino, Goward wrote that Trevino had been unable to effectively respond to the allegations. In the memo, Goward also stated that Trevino's final response to the allegations often contradicted statements he made originally . Goward recommended Trevino be fired. Trevino was set to discuss those charges in a due process hearing, which could have been his last effort to retain his job. Now with the agreement between he and the city, a due process hearing will not take place. Trevino had filed a racial discrimination complaint Dec. 29, claiming that as a Hispanic officer, he had been treated differently than other members of the police force.

Because Trevino chose to resign instead of facing termination, his complaint will go unresolved, the agreement states. Trevino was originally suspended with pay in November. At the time, his salary was $47,132. In his racial discrimination complaint, Trevino also wrote that he believed he had been treated differently because he spoke openly about his goal of becoming Winter Haven police chief one day.

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Officers Involved: James Bott

Location: Florida

6/24/04 -- Officer James Bott was arrested on charges that he had a months-long relationship with a 13-year-old girl he met while she rode her bicycle through a neighborhood where he was working. James Bott, 30, faces charges that include six counts of lewd or lascivious battery, and 15 counts of lewd or lascivious molestation. He was booked at the Palm Beach County jail, and released on $50,000 bond.

Bott met the girl, who was then 12, a year ago. He later invited her to his house, which he shares with his girlfriend, his sister and her husband, according to an arrest report. The girl told Palm Beach County sheriff's investigators that Bott first fondled her in December, and their relationship then escalated. The girl's family allowed her to spend the night at Bott's house, but grew concerned about the relationship this week and contacted authorities.

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Officers Involved: Allen St. Germain and Sgt. George Alvarez

Location: Florida

6/17/2004 -- Two police officers have been indicted following an investigation by the state attorney's office. Officer Allen St. Germain and Sgt. George Alvarez are accused of severely beating a teenager after they arrested him a year ago. Peter Daniel, 19, said Sweetwater police arrested him June 18 on charges of evading a traffic stop. His attorney said that officers beat Daniel after the arrest because they suspected him of stealing a Jet Ski that belonged to one of the officer's relatives.

Daniel was reportedly transported to the police station in Sweetwater Mayor Manuel Marono's SUV. Daniel said that an officer struck him again while he was being transported, and he said Marono saw it happen. St. Germain and Alvarez reportedly gave very differing accounts of what happened to Daniel to cause his injuries. One police report said Daniel threw himself against the floor of the police station and the wall of his cell several times. The other report said that when Daniel attacked the officer, he struck him several times in the mid-section, and then Daniel "became compliant." According to an affadavit, officers at the station ignored Daniel's requests for medical help for hours, until an police officer intervened when he found Daniel looking gray and "near death." Daniel had surgery to repair his liver and kidney and was hospitalized for some time. Both the FBI and the Miami-Dade State Attorney's Office investigated the case. St. Germain and Alverez are charged with battery and official misconduct, third-degree felony offenses.

State Attorney Kathy Fernandez-Rundle said Thursday that St. Germain and Alvarez violated the trust of their fellow officers and the public by committing a crime when they severely beat Daniel. In a press release, Fernandez-Rundle said, "The saddest comment from this investigation is how a room full of trained investigators can admit to seeing nothing even as they reluctantly disclose that they heard something going wrong. No police department can ever be the personal tool of any individual officer or officers."

=====================

Officers Involved: Derek Roberts

Location: Florida

06/17/04 -- The FBI arrested of a veteran Hollywood police officer on charges of trying to buy two children for use as sex slaves. Officer Derek D. Roberts, 29, worked the past four years with the Hollywood force as a dispatcher and later as a patrol officer. He was relieved of duty without pay after his arrest. He was arrested in Miami after agents said he arrived at a pre-set meeting place complete the deal with a cash payment and expecting the minors were at the hotel to have sex with him.

Officer Roberts earlier put a down payment for two children using his credit card. The FBI said Roberts was trying to import two children young girls from Latin America and they were to be used solely for sex. Roberts used a computer in his search, agents said.

Officer Roberts was charged with child sex trafficking, which carries a possible 20-year prison sentence.

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Officers Involved: Derek Roberts

6/16/2004 -- A Hollywood police officer found himself on the wrong side of the law.
Officer Derek Roberts appeared in federal court after being arrested by FBI agents, reportedly in connection with illegal activities outside the United States. Roberts has been with the department three years. Roberts was reportedly released on bond Monday afternoon. He has been relieved of duty.

=====================

May 21, 2004 -- WEST MELBOURNE, Fla. - A police officer involved in a nightclub quarrel resigned after an internal affairs review showed he pressured a victim not to file a battery charge, officials said Thursday.

Sgt. Steve Hunt, who joined the West Melbourne Police Department in 1996, resigned Tuesday after the internal investigation on official misconduct allegations was completed.

Reports show Hunt lied to his supervisors about contacting a man he had gotten into an argument with on Oct. 11.

The incident happened at the 702 Nightclub in downtown Melbourne, said Sgt. Sean Riordan, spokesman for the Melbourne Police Department.

"It was a disturbance where one person pushed another," Riordan said. No arrests were made, but West Melbourne investigators found Hunt placed multiple calls to the other man and convinced him not to pursue a battery charge, reports show.

==========

May 25, 2004 -- HAINES CITY - The father of an accused Northeast Haines City drug dealer Monday alleged his son was beaten by Haines City narcotics investigators last week.

Charles Russell Sr. of Davenport, accused three members of the city's vice unit, including its commander, of battering his son, Charles "C.J." Russell Jr., before his arrest last Wednesday. The father and son filed a complaint with Haines City Police Chief Morris West. The case is under investigation.

At about 6:15 a.m. Wednesday, narcotics detectives found a small quantity of marijuana and drug paraphernalia during a warrant search at 1126 Ave. J. Russell Jr. was reportedly staying with his parents during the raid. He was charged afterward with possession of marijuana, possession of drugs without a prescription, resisting arrest, battery on a law enforcement officer, possession of drug paraphernalia, threatening a public servant and disorderly conduct.

The major drug charges relate to a previous drug sale to an informant, investigators said. West denied the misconduct allegations, but declined to comment any further on the case.

Police in March arrested C.J. Russell after reportedly finding more than 2 1/2 pounds of marijuana, one ounce of cocaine, 105 marijuana plants and $4,800 in cash at the residence.

Russell Sr. made no excuses for the activities, spurring police to try seizing the rooming house under the state's forfeiture law. The residence is technically owned by Russell Sr.'s wife, Brenda. The case will probably go before a judge. Russell Sr. said that he'd rather sell the property for a fair price.

Russell Sr. claims that his son was enraged by damage to the property from the latest raid. He phoned Green at the police station after inspecting the rooming house. Russell Jr. allegedly made a derogatory comment related to the new police sergeant's wife and hung up.

The Russells reportedly were driving to police headquarters to complain about the damage when they noticed "three carloads" of investigators traveling back to the rooming house. The Russells turned their own car around and followed, meeting Green and other investigators at 1126 Ave. J.Russell Sr. said his son exited the car at police gunpoint with his hands raised before being handcuffed, thrown to the ground, maced and assaulted. Green reportedly told Russell Jr., "don't you ever call to my job anymore disrespecting me."

In written and recorded statements, Russell reported pleading with investigators demanding, "why are you beating my son like this?" as he was held at gunpoint. "No one answered me," he said Monday.

Russell Jr. was released in lieu of bail. The pair reported filing a complaint this week with police. Deputy Chief Wendall Maggard said the agency could neither confirm nor deny an internal investigation.

=================

Officers Involved: Robert E. Dempsey

Location: Florida

5/19/2004 -- A federal jury awarded a former Roosevelt man $2 million after concluding that Nassau police arrested him for murder without sufficient evidence, fabricated a confession and tricked him into signing it, attorneys in the case said. Shonnard Lee, 25, was acquitted of murder and manslaughter charges in 1999, clearing him of any wrongdoing in the 1997 beating death of his next door neighbor, Sammy Jones, 22. Lee said his confession was coerced. Afterward, Lee sued Nassau County, the police department and retired Det. Robert E. Dempsey, alleging they violated his civil rights. The eight-member jury awarded Lee compensatory damages of $750,000, payment for the 21 months Lee spent in the Nassau County jail while awaiting trial. The panel also ordered Nassau County and Dempsey, who the jury found fabricated the confession, to pay Lee $1.25 million in punitive damages.

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Officer Involved: Robert Nelson

Location: Jacksonville, Florida

5/03/04 -- Investigators are saying that police officer Robert Nelson took guns out of the evidence room and couldn't explain what he did with them. Internal Affairs after questioning Nelson IA officials recommended that he be fired for mishandling evidence and lying. Nelson took firearms out of the property room on three occasions, and then kept them for up to three months. On another occasion he kept the guns for three-and-a-half years.

======================

Officers Involved: Keith Burns

Location: Florida

04/27/04 -- Officer. Keith Burns surrendered to police after being charged with beating a West Palm Beach man bloody and breaking his arm. Burns was released hours later on $5,000 bail.

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Officer Involved: Richard "Ricky" Brandenberger

Location: Florida

04/27/04 -- A former corrections officer will spend the next 14 months in jail for his role in smuggling drugs to inmates at the Orange County Jail. Richard "Ricky" Brandenberger's sentence will be followed by two years of supervised release. He also must pay a six-thousand dollar fine. Brandenberger was taken into custody immediately after yesterday's sentencing. He pleaded guilty three months ago to possession with intent to distribute and distribution of Ecstasy and marijuana. Brandenberger was one of three police officers arrested last fall after a two-year probe by federal, state and local agents into jail corruption. Five other corrections officers were suspended with pay. A videotape showed Brandenberger accepting a packet of 50 tablets of Ecstasy and an ounce of marijuana from an undercover agent. He was paid between 200 and 80 dollars for each delivery he made to inmates.

=========================

Location: New Port Richey, Fla.

4/09/2004 -- A 9-year-old girl was arrested and handcuffed after she was accused of stealing a rabbit and $10 from a neighbor's home. A Pasco County sheriff's deputy read the girl her rights and took her away in the back of his patrol car. The girl, whose name was not released, began to cry during questioning at the police station Tuesday and admitted taking Oreo the rabbit but denied taking two $5 bills and some change.

====================

Officer Involved: Donna Noblitt

Location: Tampa Florida

Officer Donna Noblitt was reprimanded for lying in a police report about how she handled evidence at a crime scene. When she complained to her major, he gave her the benefit of the doubt and dropped the charge that she lied. However, Noblitt was still reprimanded for mishandling the crime scene. Officer Donna Noblitt as she appeared in her mug shot. Later, Noblitt went to jail for ignoring a court order to return her children to her ex-husband. After all of that, Noblitt was promoted to detective.

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06/07/2005 - Josh Welch is no teen angel. A high school dropout with a few petty crimes under his belt at 16, he smokes cigarettes and talks tough. But his biggest problem on Dec. 9 was that his father had just tried to kill himself. Blood streamed from gashes on his dad's wrists. He needed help.

Josh's mother called 911, and several Palm Beach County sheriff's deputies arrived. They knew the Welches, who have lived in the same house in Wellington for 22 years. Josh's father, 38-year-old Leslie Welch, suffers from schizophrenia and bipolar disorder. He hadn't taken his medication. It wasn't his first suicide attempt.

They handcuffed him and sat him down in the driveway to talk. Leslie Welch seemed to be in a daze, his son says, and his blood was dripping onto the driveway.

But there was no ambulance, no paramedics.

"They were just talking to him. The ambulance wasn't here. So I called 911 again," he said. "I asked for cops who could do their job."

In a sheriff's report, the deputy wrote that Josh "came at me with a lit cigarette in a threatening manner."

Josh, who is working toward his GED, admits he mouthed off at deputies. He said he did walk onto his front porch with a cigarette but didn't threaten anyone.

From just a few feet away, a deputy fired two Taser probes into his chest, "right over his heart, no less," his father says. Josh remembers the pain and how his body "just wobbled around and stuff" on his front patio.

Josh said the deputies arrested him for resisting arrest and possession of paraphernalia, though neither appears on his state criminal record. Josh said he had drug paraphernalia in his pocket that he picked up from the driveway. The probes left two small scars about an inch apart. "I have chest pains from it," he says.

And the use of a Taser on a teenager still makes his father mad. "They don't like me, and they don't like my family, period," said Leslie Welch, who recovered after getting stitches in his wrists that night.

"I've actually given them reason and they've never shot me. But he's just standing there, and they shoot a 16-year-old."

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