Florida
Police Brutality and Police Misconduct
Page
5
June 3, 2004 - JACKSONVILLE, Fla. -- Two corrupt police officers now
serving prison terms were ordered to pay $9.8 million to the family of
a businessman whom one of the officers strangled in his patrol car
after taking his money.
While
the judgment may never be paid, the ruling in the civil case recognizes
the tremendous loss suffered by Sami Safar's family, attorney Jeffrey
Morris said.
In
1998, Officer Karl Waldon pulled over Safar after the convenience store
chain owner withdrew $51,000 from a bank, then the police officer
strangled Safar in the patrol car's back seat.
Tuesday.
The plaintiffs had waived their right to a jury trial.
The
family previously settled with the city for $375,000, and received an
undisclosed amount from the bank.
Waldon
is serving four life sentences for violating Safar's civil rights,
taking money from drug dealers and other convictions.
Sinclair
is serving a 17-year term for conspiracy.
The
criminal case grew out of a federal investigation into allegations that
some Jacksonville police officers were tipping off drug dealers about
raids.
***********
May 25th, 2004 - ST. PETERSBURG, Fla.- Two Pinellas County sheriff's
deputies were justified in the fatal shooting of a teenager earlier
this month, a state attorney concluded.
In
a letter to Sheriff Everett Rice, State Attorney Bernie McCabe cleared
Deputies David Antolini and Nelson DeLeon of wrongdoing in the death of
17-year-old Marquell Deon McCullough, of St. Petersburg.
Sheriff's officials will now
begin an internal investigation to determine whether the deputies
followed department policies.
The
People's Democratic Uhuru Movement has compared McCullough's death to
that of TyRon Lewis, 18, whose fatal shooting by a St. Petersburg
police officer in 1996 sparked two nights of riots.
Darryl
Rouson, president of the St. Petersburg chapter of the National
Association for the Advancement of Colored People, said he was
skeptical that the deputies were completely justified.
"The
pain ... is still in the fact that a young black male's life has been
snuffed out and there remains clouds over what happened," Rouson said.
Deputies were following reports of drug transactions on May 2, when
they saw McCullough in a pickup truck they believed had been used in a
drug deal earlier that day. When they tried to pull him over, he led
them on a 65 mph chase, drove into their patrol cars and tried to hit
Antolini when he got out of his vehicle, officials said.
Deputies fired more than a dozen shots at the truck, and McCullough,
who didn't have a gun, was struck nine times. One of the bullets
ricocheted and hit him in the back of the head, according to
investigative reports.
************
April 6, 2005 - ORLANDO, Fla. - Orange County's sheriff used driver's
license records to contact a woman who wrote a letter to the editor of
a newspaper criticizing his staff's use of Taser stun guns and
describing him as fat.
Some say Orange County Sheriff Kevin Beary violated federal privacy law
when he had his aides use the records to get the address of Alice
Gawronski. He sent her a letter accusing her of slander.
It is illegal to access a driver's license database to obtain personal
information, except for clear law-enforcement purposes, under the U.S.
Driver's Privacy Protection Act of 1994.
"I recently read your slanderous remarks about the Orange County
Sheriff's Office in the Orlando Sentinel," Beary wrote Gawronski on
March 23. "It is unfortunate that people ridicule others without arming
themselves with the facts before they slander a law enforcement agency
or individual."
Gawronski said, "I thought I was exercising my First Amendment right of
free speech expressing an opinion in an open forum about a paid public
official." She considered Beary's letter a form of intimidation.
"If
I were her, I'd sue and get him in front of a jury. He'd probably get
laughed out of the courtroom," said Chris Hoofnagle, the senior counsel
for the Electronic Privacy Information Center.
But sheriff's spokesman Jim Solomons said using a database to respond
to a resident's concern is well within Beary's official duties.
The issue arose when
Gawronski's letter appeared in the Sentinel on March 10, expressing
concerns about Taser stun guns.
In
her letter, she referred to a news conference when Beary allowed
himself to be zapped with one to demonstrate its safety. Seeing Beary
"in an obvious state of duress" convinced her the stun guns should not
be used, she wrote.
Gawronski also wrote that Beary appeared overweight and suggested that
if deputies were more fit, they might not need to resort to zapping
suspects.
Beary said he was a victim
of slander.
"During my Taser incident, I was never under any duress," he wrote
Gawronski, adding that his heart activity was monitored by a doctor.
Before the test, the 5-foot,
10-inch Beary estimated his weight at 290 pounds.
**************
Cpl. Michael Sanchez has been suspended with pay pending an
investigation by the Polk County Sheriff's Office into an allegation
that he stole two pit bulls.
***********
June 24, 2000 - Miami - Six police officers have been assigned to desk
duty while investigators determine whether they planted a gun on a
homeless man who had just been shot in the leg by an officer.
Investigators say a .45-caliber pistol found at the scene was planted
there by officers, to make it appear that the shooting victim, Daniel
Hoban, had been armed. Hoban, who survived, actually
had been holding a radio.
Miami Police Chief Raul Martinez on Friday ordered the officers to
surrender their guns, badges and city patrol cars. They continueto
receive their pay. The six are: Sgt. Jose F. Acuna, 42; Officer
Arturo
Beguiristain, 39; Officer Jorge L. Garcia, 37; Sgt. Rafael ``Ray''
Martinez, 40; Officer John T. Mervolion, 45; and Officer Wilfredo
``Willie'' Perez, 34.
Although they are the subjects of an internal affairs investigation,
they have not been criminally charged.
One former officer already convicted of official misconduct in the case
is Rolando Jacobo, who told The Miami Herald that all six officers
played a role in the incident. He said that after Hoban
was shot by Officer Jorge Castello, Martinez decided to plant the gun.
``He started waving. `Bring the sock, bring the sock.''' Jacobo said.
``Sock'' is the code word for a throw-down gun some officers might
carry to plant on unarmed suspects, he said.
Beguiristain has denied any wrongdoing. The other officers and their
lawyers could not be reached for comment.
It's the first major disciplinary action for Martinez since he became
police chief in May, filling a vacancy left by Chief William O'Brien,
who resigned in the aftermath of the Elian Gonzalez
federal raid.
The move comes less than a week after the city settled a fatal police
shooting lawsuit for $2.5 million. One of the officers reassigned
Friday, Beguiristain, was also involved in that 1996
case.
The June 26, 1997, shooting of Hoban is being investigated by the
Miami-Dade state attorney's office and federal prosecutors.
State prosecutors are pursuing a possible perjury case against the
officers while federal officials are probing possible civil rights
violations.
*************
After weeks of helplessly watching one motorcyclist speed by, going the
wrong way in rush hour traffic, the Florida Highway Patrol has finally
gotten their man.
Police said they simply got tired of watching David Carpenter endanger
himself and everyone else on the road every day. So, on Monday, they
put an airplane in the sky and troopers at strategic points along the
highway on which they said Carpenter is usually spotted on his
motorcycle, and it paid off.
Police
caught Carpenter at his apartment after he went on a ride that veteran
troopers said was the wildest they had ever seen. Police said Carpenter
tormented them for weeks.
Carpenter refused to comment on the way he rode his motorcycle. Police
said Carpente did his talking through his motorcycle itself, by bending
the license plate back to make him untraceable and riding at speeds
that police said made it impossible to catch him, a common problem for
police dealing with speed bikers.
Troopers said Carpenter
dodged and weave his way through rush hour traffic every day,
practically daring police to stop him.
"He's playing a game, and there's no winners in that game. And it ended
the best way it could've possibly ended," Sgt. Al Reyes, of the Florida
Highway Patrol, said.
Police said Carpenter's Monday morning escapades topped everything they
had seen him do before. The Florida Highway Patrol had troopers on the
lookout and its airplane watching from the sky as Carpenter got off
Florida's Turnpike at 41st Street, saw a trooper and doubled back the
other way.
Police
said he was traveling over 100 mph southbound in the northbound lanes.
"That shows just how desperate he was to try to elude us," Lt. Julio
Pajon, of the Florida Highway Patrol, said.
When troopers got to the apartment to which their airplane had led
them, they found Carpenter outside but were not sure if he was their
man. Police spotted the motorcycle inside the apartment through a
window after a dog moved the blinds.
Before his arrest, Carpenter had applied to become a state trooper and
would have taken his Florida Highway Patrol test in a few weeks.
"Well, ironically, he
would've shown up next week, possibly on that motorcycle," Reyes said.
**************
08/23/2005
- WEST PALM BEACH -- As Commissioner Addie Greene sought to clarify
comments she made in the wake of the Jerrod Miller case, angry police
and sheriff's deputies made clear Monday they didn't care much about
what she had to say. They demanded she resign from the Palm Beach
County Commission.
Greene emphatically rejected the notion.
"I'm needed now more than ever," she said.
In what evolved into a faceoff between white police on one side of the
room and black political and leaders on the other side of the room,
Greene said people who believe she advised young, black men to run from
the police are wrong. She said her comments were taken out of context.
Greene said she thinks anyone, regardless of race, age or gender should
be cautious when being stopped by police.
She said common-sense advice dictates going to a well-lit, populated
area before getting out of a car being pulled over by someone using
flashing lights.
About 60 police officers and sheriff's
deputies, all wearing T-shirts with green lettering stating "Addie Must
Resign" greeted the commissioner in a 12th floor conference room
adjacent to commission officers where she was holding a clarification
news conference Monday morning.
They said what was reported last
week as her recommendation that young, black men run from police
indicates Greene – who is black – is a racist.
"She is supposed
to be keeping people together. She is preaching hate," said John
Kazanjian, executive vice president of the Palm Beach County Police
Benevolent Association.
Reading from a prepared statement, with
about 20 black leaders at her sides and behind her, Greene avoided
apologizing for her comments, though she emphasized her view that they
were inaccurately portrayed.
"My only apology is to some
members of law enforcement for generalizing that all members of any
group are painted with the same brush. I would never want the public or
young children to believe all members of law enforcement are like
Darren Cogoni."
Cogoni is the Delray Beach police officer who
shot and killed Miller, 16, outside a school dance in February. A grand
jury last week declined to indict the rookie officer, who was later
fired.
Greene is a former head of the Conference of Black
Elected Officials of Palm Beach County. The current head of the
conference, Boynton Beach City Commissioner Carl McKoy, offered advice
similar to what Greene offered Monday: He said if pulled over by police
he would drive to an area he considered safe before stopping.
"I would not stop if I were on an open road," he said. "I would drive
to a more comfortable area ... I have seen too many of our children die
on our streets."
The NAACP and religious leaders who spoke
after Greene said the focus on what she supposedly said last week was
detracting from the big issue, outrage in the black community that
Cognoi wasn't indicted. Greene later said if there's a racial divide it
was caused by the union officers, whom she said were all sheriff's
deputies. Several of those interviewed said they worked for police
departments, not just the Sheriff's Office.
>>>>
Greene doesn't seem to off base on this. Yes not all cops are
criminals, yet there are alot of stories on this site that says
otherwise.
*************
08/02/2005 - ORLANDO, Fla. -- A top-ranking commander with the Florida
Highway Patrol has been arrested. FHP is being very tight-lipped about
the circumstances that led up to Captain Sterling King's arrest, but it
is the talk of the troopers in the Orlando district with word that one
of their highest ranking captains is facing five years in prison.
Sterling King was a trusted enough representative of the Highway Patrol
to spend eight years as its chief spokesman in the Tampa Bay area. In
2004, he made captain, taking command of all troopers in the
notoriously busy district covering Orange and Osceola counties.
But Channel 9 has learned
the Polk County resident turned himself in
Monday afternoon to the Osceola County jail, charged with a
third-degree felony involving bribery and misuse of public office. He
quickly posted a $2,500 bond.
Sources told Channel 9 that
the charge is the result of a joint
investigation between the Highway Patrol and the State Attorney's
Office, stemming from a complaint from at least one motorist King
pulled over.
FHP confirms it has already
terminated King for conduct unbecoming a
trooper, stripping its former spokesman of his weapons, his patrol car
and his responsibility.
***************
07/30/2005 - A Fort Lauderdale police officer has been fired after
allegedly making racial threats in a courtroom.
Cameras in a Broward County juvenile court caught Robert Hoffman making
the comments two years ago.
After a lengthy investigation, the police chief fired Hoffman. City of
Fort Lauderdale officials said the city has a zero tolerance policy for
racial remarks.
"There is no question about
it, especially for those individuals who wear the uniform," city
spokesman David Hebert said.
According to the investigation report, the courtroom video captured
officer Hoffman muttering, "I'm going to get your black ass" as he
walked past two young, black defendants.
It is impossible to hear officer Hoffman clearly in the tape, but the
reaction from an attorney in the courtroom was unmistakable.
"I think it is inappropriate
that this officer comes in the court of
law in front of Your Honor and threatens these children," she said.
"They're in handcuffs. They're in custody. I don't understand how a
state attorney can possibly defend that behavior. It's unacceptable."
"These individuals are the individuals that are charged with the safety
and security of every member of our society here within the city of
Fort Lauderdale, and to have a racially-charged statement emanate from
a police officer, particularly in a court of law, is reprehensible,"
Hebert said.
Hoffman initially denied saying the racial slur. He said he used the
phrase, "one hundred and fifty, cash." When given a chance to recant
that he chose not to.
*************
07/25/2005 - BROWARD COUNTY, Fla. -- A former
Broward Sheriff's Office deputy was arrested Friday afternoon and
charged with perjury and official misconduct.
Officer Lewis Perry is charged with perjury during an official
proceeding, four counts of official misconduct, and falsifying records
in connection to an accident he had while in pursuit of a stolen car,
according to BSO.
BSO said that deputies had called off the pursuit of a stolen car after
they lost it. Perry spotted the stolen car and pulled in front of it,
causing the car to collide into him. BSOsaid that once a pursuit has
ended, it is against policy to reinitiate it.
BSO said that Perry lied about the circumstances of the accident.
Officer Perry had previously been terminated on March 24 for reasons
unrelated to these charges. BSO said his termination was also not
related to an incident in which Perry shot a Mexican national who was
mistaken for a robber while the man was trying to find the apartment he
lived in.
That shooting happened on Nov. 3, 2004. Germaine
Gomez suffered severe head injuries and brain damage in the shooting
and is still in rehabilitation. As of 5:30 p.m. Friday, Perry was still
being held in jail and his bond had not been set.
*********
07/25/2005 - PINELLAS COUNTY, Fla. --
A Pinellas County Sheriff's Office detention deputy was arrested on
allegations of improperly releasing agency documents protected under
the public records law. Jason S. Frederick was arrested yesterday at
7:36 p.m. during his shift. He's 32 and was hired on 10/15/2001.
Deputy Frederick posted a $1,500 bond and was released.
Detectives say the investigation began in May 2005 following the arrest
of a former PCSO detention deputy; Jeffrey McCann, who was found to be
in possession of agency documents containing information protected
under Florida Statute 119. The documents had been printed after
McCann's employment had been terminated.
Deputy Frederick is
alleged to have provided the documents to McCann, who resigned while
under investigation in February 2005. A criminal case continues against
McCann on charges including aggravated stalking, violation of a
domestic violence injunction and witness tampering.
According
to the warrant Deputy Frederick was arrested for disclosure of
intellectual property in violation of Florida statute 815.04, a third
degree felony.
**************
07/22/2005
- A San Francisco police officer who admitted he used department
computers to find and visit women resigned Wednesday, shortly before a
meeting to determine whether he would be terminated.
Phillip Gonzales was to appear before the San Francisco Police
Commission for a hearing on the disciplinary charges filed against him.
But earlier in the day, he submitted a letter of resignation.
The 20-year veteran admitted
he misused computers to check confidential
records of at least nine women, including neighbors and grammar school
classmates.
Two of the women complained,
telling the civilian Office of Citizen
Complaints that Gonzales visited their homes while on duty for no
reason. The women told the OCC that Gonzales' visits made them feel
"violated and uncomfortable" and "scared, stalked and shocked,"
according to the OCC.
The OCC filed disciplinary
charges against Gonzales that included
neglect of duty and engaging in conduct reflecting discredit on the
department.
"We would have recommended
his termination because of the severity and
abuse of power," said Kevin Allen, director of that office.
When asked by investigators
during an earlier hearing why he made the
unwelcome contacts, Gonzales said he had "excessive time on his hands,
and he got bored," according to charges.
According to the charges,
Gonzales, a patrol officer who was assigned
to Taraval Station, ran a dozen checks on various people on May 12,
2003. While still on duty, he went to the home of one of the women he
had run checks on, met her husband and left him his business card,
according to the charges.
Gonzales told the husband
that he had gone to grammar school with the
woman, had seen her name on a report and felt guilty he had not looked
her up sooner. The woman told investigators she had not been friends
with the officer and felt angry and violated that he looked her up 35
years later.
That same day, Gonzales
visited another woman whom he had met eight to
10 years before, when he went to her home to investigate an obscene
phone call.
The woman told investigators
that Gonzales discussed personal matters
when he took that report, to the extent she felt she had to tell him
she had a boyfriend to protect herself, the charges said.
A month after taking the
report, Gonzales returned to her apartment and
told the woman he was checking on her. Then, on May 12, 2003, he went
to her new address.
The woman called Taraval
Station the next day, but Gonzales answered
the phone. He admitted he had gone by her home on previous occasions,
but she told OCC investigators she was too afraid to tell him not to
contact her again.
*************
07/21/2005 - Miami-Dade Police arrested a Florida International
University police officer Wednesday and charged him with sexually
assaulting an 18-year-old woman, officials said.
On July 8,
officer Frederick Eugene Currie, 35, was on duty when he spotted a car
parked in Tamiami Park, a woman and her boyfriend were inside the car.
Currie ordered the woman out and sexually assaulted her, Fonticiella
said.
A warrant was issued for Currie's arrest Wednesday, charging him with
one count of sexual battery and one count of battery.
*************
05/19/05
- Florida - An internal investigation is under way after a pornographic
tape surfaced that includes a Lee County sheriff's deputy. Some
managers at the sheriff's office knew about the videotape, but rehired
her any ways.
Documents involved in the case were obtained from the Cape Coral Police
Department, where Gina Wisely applied to become a police officer
earlier this year. When personnel looked into her past, they found
reasons not to hire her.
That evidence came from the
Lee County Sheriff's Office.
The
videotape, which is too graphic to show, portrays women flashing and
fondling themselves on the streets of Key West during Fantasy Fest.
Corporal Gina Wiseley is
seen in clear view participating.
The sheriff's office
confirms her husband Corporal Kendall Wiseley and Corporal Charles
Pakulis are in the background.
According to Gina Wiseley's personnel file, she has an excellent record
spanning ten years with the sheriff's office. But last May, Sheriff
Rodney Shoap fired her for hitting golf balls in her office, even after
she was told to stop.
Wiseley
sued the sheriff's office. Fearing they would lose the lawsuit, Sheriff
Mike Scott gave her job back, along with $15,000 in back pay.
The sheriff was about the
video: When you hired Gina Wiseley in April, did you know she was in a
pornographic video?
The sheriff responded
"Absolutely not."
When
asked if he had ever heard a rumor about the tape, he replied "We had
no indication up to receiving the video she was in the video."
While
the sheriff may have not known about the tape, there is evidence others
in the department did. In January, Gina Wiseley applied for a job at
the Cape Coral Police Department, but didn't get the job based on a
memo.
In
an interview, Captain Levins of the Lee County Sheriff's Office told
Cape Coral personnel that, "Based on information that has surfaced (a
video of Wiseley) their department will not rehire her."
The document was dated
February 7, 2005, which means the sheriff's office knew about the tape
two months before rehiring her.
"Anybody
that we hire goes through a screening process to include a polygraph
and other questioning. And I can tell you through the entire process we
had no evidence of any inappropriate behavior, any illegal behavior,"
said Scott.
In
a memo obtained late Wednesday, Captain Levins retracted his statements
saying he only heard rumors but never actually saw the tape.
"Captain
Levins stated that at no time did he have a video of Ms. Wiseley. He
said that he heard rumors that a video existed, but he never actually
saw it. He also said that his comment relative to Ms. Wiseley's future
employment with the sheriff's office was misunderstood. Captain Levins
said that he does not determine who is re-hired or not re-hired, as
this is determined by a Sheriff's Office hiring board."
The memo shows the
department knew about a tape weeks before the sheriff's office rehired
her.
"If
there is a rumor and that rumor is disproved through the application
process, it's still a rumor. In fact it's a rumor that's disproved,"
said Scott.
**********
TAVARES, Fla. -- Lake County Sheriff George Knupp Jr. has resigned
months after he was charged with two counts of perjury and suspended
from office.
Knupp, who spent 16 years in
office, sent Gov. Jeb Bush a resignation letter on Tuesday.
"Please
accept this letter as my formal resignation from the office I have held
since 1988," reads the two-sentence letter. "I thank you in advance for
your consideration."
Knupp's
departure comes on the heels of charges that he lied to a grand jury
about how his department sold surplus vehicles. The grand jury met in
February and raised questions about vehicles the sheriff's office
traded in that were later bought by Knupp and his relatives, friends
and employees.
The jurors cited no
wrongdoing regarding the vehicle purchases, but they found
inconsistencies in Knupp's testimony.
Knupp
apologized for his actions in an open letter to the citizens of Lake
County. An admission of guilt was required as part of a
pretrial-intervention program that will result in the charges against
him being dropped.
Knupp will be under state supervision for 18 months, according to the
pretrial intervention contract. He also will have to perform 100 hours
of community service, his lawyer Michael Graves said
**********
Jun. 23, 2004 - It was to have been the final federal obstruction trial
in the Miami police gun-planting scandal. But instead of going to
court, Sgt. Jose Acua appears headed back to work.
Federal prosecutors dropped remaining obstruction charges Tuesday
against Miami police Sgt. Jose Acua, the last of 13 police officers who
faced trial in connection with the department's infamous gun-planting
scandal.
Had Acua faced a jury next week as scheduled, it would have been the
sixth corruption trial of Miami police in less than two years -- and
another reminder of a besmirched history that the department is eager
to put to rest.
Nine officers were convicted or pleaded guilty and three others were
acquitted. The officers faced charges of planting guns or lying to
cover up misconduct at four police shootings between November 1995 and
June 1997.
But Tuesday was Acua's day
to celebrate: in addition to the dismissal of the criminal charges, it
was his 46th birthday.
''I'm ecstatic, very happy,'' he said. ``It's been a very long four
years. I'm grateful to a lot of people who believed in my innocence all
along. It took a little bit of convincing, but the U.S. attorney
finally saw it that way.''
Suspended with pay since the March 2001 indictment, Acua, a 20-year
veteran, said he expects to return to work and resume his police
career. A promotion to lieutenant -- pending when he was indicted --
could be in the works, too.
A Miami police spokesman
couldn't verify Acua's status, and a request for comment from Chief
John Timoney went unanswered.
Acua's first trial, last year, ended with his acquittal on two counts
and a mistrial on two others: conspiracy to obstruct justice and aiding
and abetting obstruction. Prosecutors said they would re-try him.
At
issue: whether Acua participated in a coverup following the June 1997
police shooting of an unarmed homeless man in Coconut Grove.
But Roy Kahn, Acua's lawyer, said he helped persuade the government to
drop its case by presenting new witness statements that ran counter to
the prosecution theory. Assistant U.S. attorney Ed Stamm was the lead
prosecutor.
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