Illinois
Police Brutality and Police Misconduct
08/26/2005
- Charges against a Chicago Lawn (8th) District police officer were
announced Aug. 17 at a press conference that included Police Supt.
Philip Cline and Cook County State’s Attorney Richard Devine.
Police
officer Alexandra Martinez, an 11-year veteran on the force, was
charged with two counts of felony official misconduct and one count of
battery in an incident that took place April 11 at the JC Penney store
inside Ford City Mall, 7601 S. Cicero Ave.
Martinez was
allegedly caught on the store’s surveillance cameras
roughhousing a
14-year-old girl, Michelle Hutchison, who was accused of shoplifting.
The
video reportedly shows Hutchison seated at a desk across from Martinez
and her partner. Martinez then stands up and hits the girl in the face.
Hutchison is handcuffed, with the help of the partner, and Martinez
pulls her by her hair and into her seat.
Martinez hit Hutchison
in the head a number of other times, as well. Hutchison claims she had
a bloody nose and a headache from the incident.
“There is zero tolerance for behavior of this
type,” said Chicago Police spokesperson Pat Camden.
The
surveillance video was turned over to supervisors at the district
station by store officials. The station then turned the tape over to
the Office of Professional Standards, which launched the investigation.
Hutchison did not file a formal complaint with the OPS after the
incident.
The
tape was analyzed, the officers were identified, Hutchison was located
and the information was forwarded to the Cook County State’s
Attorney’s
Office for charges.
Martinez is in the process of being fired.
Her
partner has been taken off of street patrol pending an investigation
into whether he failed to notify supervisors of the incident.
An
Albany Park officer has also been charged in an unrelated but similar
incident that took place in June at a Target store. That
officer’s
charges are less severe.
Official misconduct charges are punishable by up to five years in
prison.
“This is one officer out of 13,500 that was accused of
committing official misconduct,” Camden
said.
**************
08/25/2005 - A former Oakbrook Terrace Police officer charged with
firing a gun during an off-duty bar fight and then lying about it to
investigators was acquitted Thursday of four felony charges.
Officer
James A. Scales was accused, among other offenses, of trying to cover
up the 2004 shooting outside a Lombard-area restaurant he co-owned by
giving his .32-caliber handgun to another Oakbrook Terrace officer --
who testified he later tossed the weapon in the Fox River.
But
the 47-year-old Scales was convicted by DuPage County Judge Perry
Thompson only on a single misdemeanor count of unlawful use of a
weapon. Scales, who could have been sent to prison for five years on a
felony conviction, now faces a maximum one-year jail sentence.
DuPage
County State's Attorney Joseph Birkett ripped the verdicts, saying they
send a message that charges against police officers require more
evidence for convictions than charges filed against citizens.
"I
can't explain it,'' Birkett said of the acquittals. "I am extremely
disappointed in what I perceive is a verdict that's not explainable by
the facts or the law.''
Defense
attorney Timothy Martin, though, said four witnesses who testified
against Scales weren't believable and offered widely varying accounts
of what happened outside Ocean's 11 during the April 3, 2004,
confrontation.
"They
all contradicted each other,'' said Martin. "There was so much
inconsistent and so much contradictory evidence.''
Scales
originally was charged with aggravated assault, official misconduct,
obstructing justice and reckless discharge of a firearm.
He
pulled a gun after breaking up a fight in the restaurant's parking lot,
but only fired two shots in the air after a drunken patron lobbed rocks
through two windows and threatened Scales with another rock, Martin
said.
He
acknowledged that Scales later gave the handgun to Oakbrook Terrace
officer Richard Winninger, one of the cops who arrived to investigate
the shooting. But Martin contended Scales never knew or wanted
Winninger to throw the gun away.
Winninger
pleaded guilty to a misdemeanor charge and testified against Scales,
saying he took Scales' weapon and threw it in the Fox River.
Winninger
later resigned from the Oakbrook Terrace Police Department, while
Scales was fired.
***********
08/23/2005
- Illinois - Bond was set at $100,000 Friday for a veteran Chicago
police officer accused of demanding two female motorists expose
themselves to avoid traffic tickets.
Dressed
in a gray sweatshirt and black pants, Albany Park District Officer
Michael Allegretti peered through a closed-circuit television screen as
Central Bond Court Judge Colleen Hyland set his bond on two counts each
of bribery and official misconduct.
According
to Assistant State's Attorney David Navarro, Allegretti twice pulled
over female motorists, first on Nov. 30, 2004, and again on May 24, and
told the drivers they could avoid tickets if they bared their bodies.
Navarro
asked for a substantial bond, calling the case a blatant abuse of
authority.
Reading
from proffered testimony, Navarro said the first incident occurred Nov.
30, 2004, when Allegretti stopped a 24-year-old undocumented Mexican
immigrant for running a red light in the 4400 block of West Foster
Avenue.
When
the woman informed him she had no license or insurance, Allegretti
asked if she was "supposed to be here?" meaning is she a legal
resident, and then told her to "flash him," Navarro said.
She
refused, and Allegretti had the woman follow him to a parking garage
off Elston Avenue where he put her in his squad car, saying he was
taking her to the station, Navarro said.
Allegretti
asked her several questions about her origin and personal life, and
asked if "she had ever dated a white guy."
The
woman asked not to be arrested, and Allegretti responded, "If she had
flashed him, he would have given her a break, but it's too late now,"
Navarro said.
At
the Albany Park District station, the woman opened her coat and showed
her sweater, but did not disrobe, Navarro said. She then agreed to meet
Allegretti the next day and to dance for him without underpants, but
never showed up at the meeting, Navarro said.
Instead, the
woman went home and called the police, he said.
The
second set of charges stem from another pullover, on May 24, when he
stopped a woman for making an illegal turn onto the 3900 block of West
Eddy Street.
According
to Navarro, Allegretti told the woman she had a problem, and when she
promised not to make the turn again, he pointed to her chest and told
her: "We're not talking about that. Show me what you got there."
The
woman did lift up her sweater, T-shirt and bra, and the Allegretti
asked to see her underwear, and then told her to touch herself, Navarro
said.
Allegretti
then asked the woman, a Polish immigrant, if she had a boyfriend in her
home county, but she refused to talk about it, Navarro said.
Like
the first incident, Allegretti had the woman follow him, Navarro said.
As they drove, the woman dialed 911 and stopped her car, when
Allegretti approached, she set the phone down and said she did not want
to do this anymore, Navarro said.
Allegretti
drove away, and the woman detailed her allegations to the 911 operator.
Both women
later identified the officer in lineups, Navarro said.
Allegretti
was arrested Thursday, according to Tandra Simonton, a spokeswoman for
the Cook County State's Attorney's Office.
Allegretti,
who joined the department in 1994, has been stripped of his police
powers, according to police News Affairs Deputy Director Pat Camden.
The
judge ordered that, if he posts the required $10,000 -- 10 percent of
his deposit bond -- Allegretti would be forbidden from carrying any
dangerous weapons, including his service weapon.
Defense
attorney Joseph Roddy objected to the order, saying the 11-year veteran
has been out of work for the last couple of months, ever since the
Police Department made him turn in his gun.
According
to Roddy, Allegretti and his wife have three children, and he is
raising his wife's own four children.
Two
relatives of the defendant stood in the courtroom gallery during the
hearing, and left without comment. The defendant did not
speak in
court.
********
08/18/2005 - CHICAGO -- Charges were announced Wednesday against two
Chicago police officers accused of excessive force against shoplifting
suspects in separate incidents.
Chicago
Police Department Superintendent Phil Cline and Cook County State's
Attorney Richard Devine announced the charges at a morning news
conference.
Officials
said that in both cases, the incidents were caught on surveillance
tapes, which were handed over to the police by store management.
"We
are not releasing the videotapes because our No. 1 priority is using it
as evidence at trial. What I have seen on those videotapes is not
police work. It's criminal behavior, and that's why we took immediate
steps to make sure those officers are held accountable," Cline said.
Officer
Alexandra Martinez is accused of striking and choking a 14-year-old
female on April 11 at a South Side J.C. Penny store.
Cline
said Martinez and her partner were called to the store after the girl
was detained by store security. Cline said Martinez and the suspect
were seated across from each other in a store office, and at one point,
Martinez got out of chair and hit the girl. With the help of her
partner, the girl was handcuffed forcefully pulled her back into the
chair by her ponytail, according to Cline.
Martinez
is charged with misdemeanor battery and official misconduct, which is
punishable by up to five years in prison.
Officer
Larry Guy was charged with striking a suspect in who was in custody and
handcuffed on June 15 at a North Side Target store.
"Based
on what I saw, the offender presented no immediate threat to the
officer or anyone else present in the room," Cline said.
Guy
also faces misdemeanor battery and official misconduct charges, but he
is also charged with attempted obstruction of justice for allegedly
trying to get a hold of a copy of the videotape from the store, Devine
said.
"Even
though the job is demanding and difficult, it must be done within the
law, and when officer step outside the law, they will be held
accountable," Devine said.
Both
of the officers have been removed from street duty during the course of
the investigation, Cline said.
Two
officers who witnessed the incidents have also been removed from street
duty while officials investigate whether they failed to notify their
supervisors.
**********
08/16/2005 - Suburban police officers are accused of using excessive
force, and now a $30 million lawsuit is filed against the officers from
Marengo.
A picture may
be worth a thousand words, but the video tape was worth more than that
to the man on the receiving end of Officer Scott Crawford's fists.
He sued and settled for $30,000. The incident also cost
Crawford his job with the Waukegan Police Department.
But
he was soon hired by the Marengo Police Department where Nichole Surber
and five other people say he continued to act as if he was above the
law.
“I thought I was going to suffocate,” Surber said.
She is referring to her 2004 arrest by Crawford for suspected underage
drinking.
“He
tackled me to the ground. He sat on me. He lifted me up by my handcuffs
and ripped me out of the car by my ankles,” Surber said.
Then
she says Crawford and his partner allowed a police dog to attack her.
She says the arrest left her scarred from the dog’s teeth and
from
Crawford’s pummeling.
And she's not alone. Brian and Kevin Gaughn say they were attacked by
Crawford two weeks later.
“I had a cerebral concussion. I had a whiplash,”
Brian Gaughn said.
Brian’s
father says hospital bills have already added up to $7,000. So they and
three other alleged victims of Crawford have filed a $9 million lawsuit
against the officer, his female partner and the city of Marengo.
They say police department officials should have known that Crawford
was unfit to serve and protect.
“He's
unfit to be a police officer because of his propensity for beating
victims while they're in handcuffs,” said attorney Kevin
O’Reilly.
Several of the young people involved in the suit have been charged with
felony crimes.
Crawford is on unpaid leave from the Marengo Police
Department pending the outcome of a termination hearing.
He still works part time on the Round Lake Heights Police Department.
***************
08/13/2005
- An off-duty Chicago police officer allegedly shoved one officer and
bit another during a confrontation over the arrest of her neighbor for
drinking cognac on the sidewalk, police said.
The incident
happened late Sunday in the 400 block of West Evergreen Avenue near the
Cabrini-Green housing complex. The charged officer, Dyone L. Taylor,
has been stripped of her police powers and was charged with two felony
counts of battery to an officer, said police spokesman Patrick Camden.
Taylor,
37, was allegedly part of a mob that gathered around the two officers
at 11:45 p.m. as they tried to arrest Ernest Shed for drinking in the
public way after the saw him drinking from a bottle of cognac outside
his apartment building at 445 W. Evergreen, Camden said.
Shed
became combative, Camden said, and the crowd formed, shouting at the
officers to let him go. The police called for backup because of growing
tension, he said. Among the people yelling was Taylor, who lives at 435
W. Evergreen.
According to the officers, Taylor shouted
obscenities at one officer, a woman, and shoved her. At the time, the
officers did not know she was a police officer, Camden said. When they
moved to put her in handcuffs along with Shed, she bit the female
officer's partner, a man, on the arm. He was later treated and
released, Camden said.
In all, five people were arrested.
As
police walked her to the car to be transported to the East Chicago
District station, she told officers she was a police officer, Camden
said. Taylor is assigned to the Monroe District on the West Side and
has been in the department since July 1998, according to police records.
Once
in custody, she declined to give a statement to detectives, Camden
said. He acknowledged that a complaint had been filed on her behalf
with the Office of Professional Standards alleging excessive force in
the arrest. Camden said Shed gave police a statement in which he said
Taylor shoved the female officer. He was charged with drinking in the
public way and disorderly conduct.
*************
08/11/2005 - A judge may have to sort it all out after Skinner was
arrested Thursday for allegedly refusing to help a police officer who
was trying to subdue a 15-year-old car theft suspect.
The
stolen car is the one on which Skinner only moments before had helped
to change a flat tire, as a favor to what he thought was a group of
stranded kids.
"I’m always trying to do the right thing and then
something like this happens," Skinner said.
The
40-year-old Wood River man’s unwitting scrape with the law
began around
3 p.m. after he and another man helped to change the tire in the 800
block of Haller Avenue, a short distance from where Skinner lives in
the 100 block of Thompson Avenue.
Skinner was still standing by
the car, along with three juveniles, when Wood River Police Officer
Darrell Jose pulled up after spotting the car, a black 1997 Pontiac
Grand Am that had been reported stolen in Alton.
Police said when the officer approached the
vehicle, the 15-year-old attempted to flee and the officer caught him.
"A
struggle ensued during which time the suspect attempted to remove the
officer’s handgun," Deputy Police Chief William Webber said.
Webber
said the suspect was actually able to reach Jose’s gun
holster and
unsnap it, at which point the officer asked Skinner to help subdue the
teenager. "After refusing to assist the officer, the male (Skinner) was
ordered to assist the officer and again failed to comply," a department
release states.
At that point, additional officers from Wood
River and East Alton police departments arrived and got the situation
under control.
A misdemeanor charge filed in Madison County
Circuit Court against Skinner states that Jose requested the
man’s
assistance in helping to subdue a 15-year-old juvenile and he refused.
The charge states that Skinner "knowingly failed, upon the command of
Officer Jose, to give reasonable aid to the officer in apprehension."
Skinner said he never heard Jose ask for his assistance.
"I was zoned in on the kid who was lying on the ground
bleeding," he said. "I really didn’t hear much of anything."
As the teenager struggled, Skinner said he yelled at him to cooperate
and not resist.
Within
minutes, Skinner himself was being whisked to the Wood River police
station, where he spent the next four hours in jail -- in only a pair
of shorts -- before being released on $75 bond.
"I saw my life flash before me as I sat in that jail,"
Skinner said. "I’ve never been arrested before."
Webber
said Illinois law allows police to seek charges against someone who
does not assist an officer if asked as the officer is making an arrest.
It might seem extreme, he said, but some circumstances warrant it.
The
Grand Am, owned by a 24-year-old Jerseyville resident, had been
reported stolen around 12:30 p.m. at the Shop ’N Save in
Alton.
When
the officer pulled up to the Haller location, he saw Skinner, the
15-year-old, a 16-year-old male and a 12-year-old female.
Skinner never asked the teenager if he was driving a stolen
vehicle or even if he was old enough to drive.
"That’s
not something you think about when trying to help someone out," he
said. "To me he just looked like some kid who was driving his
parent’s
car."
Skinner said the whole ordeal of being jailed has been
overwhelming, He said that six months ago he moved back to the area
from California to be near family. He said he is a responsible citizen,
works full time and received an honorable discharge from the U.S. Army
and Army National Guard, in which he served more than 10 years.
The pending charge has so far cost him time and money --
neither of which he can afford to lose.
"Who knows how much more it could cost me?" he said.
Webber
said detectives with the Alton Police Department are jointly
investigating the case with Wood River. All three youths are from Alton.
He
said the 15-year-old is being charged in Madison County Juvenile Court
with offenses relating to motor vehicles, attempting to disarm a peace
officer and resisting a peace officer. He said the youth was treated
for minor injuries by Wood River Fire Department paramedics and then
taken to Alton Memorial Hospital, where he treated and transported to
the Madison County Juvenile Detention Home in Edwardsville.
He
said the 16-year-old and 12-year-old were being charged with offenses
relating to motor vehicles and were released into the custody of their
parents.
Police officer Jose received minor injuries and refused treatment.
>>>>> Expecting a citizen
to help out a police officer
should be the choice of the citizen to risk their life, not the choice
of a police officer. The police are trained in life and death
situations, and expecting a citizen to risk life or limb is ridiculous.
The police officer must have been scared shitless to the point of
begging a "suspect" to step in and put his own life on the line. I say
the citizen made the right choice. That's a scary Illinois
State law.
Should be interesting if this goes to court, just to see how the
government would rule. I would expect charges will probably
be dropped
on this case at some point. As far as a police officer
commanding
someone to risk their life or do something dangerous is
ludicrous. The
Supreme Court has always ruled that the police have NO RIGHT to protect
citizens from harm, so why should a citizen be punished for not risking
their life?
=========
08/13/2005
- Officials said charges against a 40-year-old man for refusing to aid
an officer could be dropped; however, police first must complete their
investigation into the matter.
Peter
Skinner, of the 100 block of Thompson Avenue, is charged with a
misdemeanor for refusing to help Police Officer Darrell Jose when asked
for his assistance on Aug. 4. The charge states that Skinner "knowingly
failed, upon the command of Officer Jose, to give reasonable aid to the
officer in apprehension."
Skinner’s scrape with the law started
after Wood River police caught up with a juvenile who allegedly stole a
car and then resisted arrest. Moments before police arrived, Skinner
had helped the juvenile and two other youths change a flat tire on the
car, which he did not know was stolen.
Police said Jose spotted
three youths -- a 15-year-old boy, a 16-year-old boy and a 12-year-old
girl -- near a reported stolen car in the 800 block of Haller Avenue.
Deputy
Police Chief William Webber said that when the officer approached the
car, the 15-year-old attempted to flee and the officer caught him.
Webber said a struggle ensued, at which time the suspect attempted to
remove the officer’s pistol.
Webber said the suspect actually
was able to reach Jose’s gun holster and unsnap it. He said
it was at
that moment that Jose asked for assistance from Skinner, and he refused.
Delores
McLaughlin, 55, told The Telegraph she watched the arrest from her
apartment. She said that when she heard the noise outside, she went
into the kitchen and looked out the window.
"I thought it was a fight of some kind," McLaughlin said.
She said it surprised her when she saw that it was a police officer
trying to subdue a teenager.
"The young man was lying on the ground, and the officer was on top of
him," she said.
She said the teen wouldn’t lie still and kept bucking to try
to get the officer off of him.
"I could see (Jose) was getting very upset," McLaughlin said.
She
said she watched Jose use a Taser on the young man several times but
that the youth didn’t seem to stop moving around. She said
that during
the whole time that Jose struggled with the juvenile, she never heard
him ask Skinner for assistance.
McLaughlin said she believed
the officer was in control of the situation because of his use of force
and didn’t need Skinner’s assistance.
Skinner, who had left the
immediate area after helping to change the flat tire, told The
Telegraph that he approached Jose and the youth during the struggle.
"Officer
Jose was already out of his patrol car and violently subduing the
suspect," Skinner said. "At this point, I moved to within seven yards
of the scene to better witness what was going on."
Skinner said Jose’s squad car blocked his view. He
said he believed that by staying back, he would not be interfering.
"My concern was for both the teen and the officer," he said.
He
said he could see that Jose was extremely well-trained and appeared to
be in charge of the situation and in no apparent danger from the youth.
"My focus was on the bloodied face of the teen, whose head was turned
toward me," Skinner said.
He
said he never heard Jose ask for assistance and was dumbfounded by the
charge. He said he yelled at the teen to stop resisting. He said he saw
the youth shocked with the Taser at least four times but he would not
lie still to allow Jose to handcuff him.
"I told him, ‘Just lay down, man, stop resisting," Skinner
said.
He said the 12-year-old girl started yelling and that at no
time did he hear Jose ask for assistance.
"Would
I have assisted upon Jose’s command to assist? Yes," he said.
"I would
have done anything to stop watching the kid get hurt."
Webber
said he understands Skinner’s plight; however, the charges
cannot be
dropped until the investigation is complete. Because the case is
ongoing and involves juveniles, Webber said he couldn’t
comment about
specifics.
However, he said he is concerned because people are
saying they saw the event and alleged wrongdoing by Jose but no one is
coming forward. He said when the Police Department receives a complaint
about an officer’s actions, it is taken seriously.
"If there are witnesses, they should come forward," Webber said.
He
said people should not forget the seriousness of the charges against
the 15-year-old and the fact that he resisted arrest and tried to grab
an officer’s gun. He noted the youth continued to resist even
after
Jose used his Taser on him.
Webber said Jose is an outstanding officer who was shot and
wounded in the line of duty several years ago.
Skinner
said he doesn’t want people to criticize Jose or the Police
Department
for doing their job. But he said police should explain their actions to
those who witnessed the events.
"I would also like to know what we all might have done
differently -- police and public alike," he said.
Skinner
said his simple act of kindness last week has turned his quiet life
into chaos. He said he would like the charge against him dropped so he
can move on.
>>>>
Deputy Police Chief Webber mentions "he is concerned because
people are
saying they saw the event and alleged wrongdoing by Jose but no one is
coming forward. He said when the Police Department receives a complaint
about an officer’s actions, it is taken seriously."
I’m wondering if Deputy Chief Webber has investigated and
questioned
any residents in the area, to what they might have saw or "heard" that
afternoon. The media doesn’t seem to have any
trouble getting
statements.
I’m trying to understand officer Webber’s statement
on "complaints,"
what complaints are you speaking of? The officer was
obviously trying
his best with what he had. A stun gun that was uneffective, or was
it?
On top of that the officer is allegedly being over powered by a
15-year-old, who is trying to disarm the officer. Perhaps the complaint
you speak of is, the citizen could be telling the
truth and didn’t hear
the officer make such a command, or officer Jose never made such a
command. Does you department use dash cam’s? Is there a
recording of
that afternoon from the officers car? This would probably help greatly
don’t you think? This was a felony stop, was the cam turned
on?
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