01/24/2006 -  A Marana police officer who has been investigated at least once before for domestic violence is on paid administrative leave pending two internal affairs investigations into his off-duty conduct.

Motorcycle officer John M. DeStefano Jr. was arrested for driving his 1994 Buick under the influence of alcohol after leaving a Christmas party in the early morning hours of Dec. 18, according to Pima County Sheriff's Department reports. He was arrested again on Dec. 28 for criminal damage with a value of less than $100 and a domestic violence aggravation, according to the Pima County Justice Court records Web site.

Despite the events of Dec. 18, part of which unfolded in front of Marana police officers, DeStefano stayed on the job through the next week. The department sent him to speak at a Marana Town Council meeting two days after his DUI arrest to kick off a campaign for the Special Olympics. 

It wasn't until he was arrested again a few days later that the department placed him on paid leave of absence while the investigations are conducted, said Police Chief Richard Vidaurri. Town records show DeStefano makes $52,562 a year. The internal investigations are separate from the criminal investigations and can result in no action being taken by the department or levels of discipline that go all the way up to firing.

"At this point, we're getting ready to wrap up the first investigation probably in the next week or two," Vidaurri said. "Then we'll get started on the second one and that could take a few weeks out before everything is completed."

DeStefano was investigated for a domestic violence incident involving his wife less than three years ago, Vidaurri said, adding that he thinks the officer was placed on paid leave then, too. When the case was presented to the county attorney's office, attorneys declined to prosecute the Marana police officer, he said.

Police and court records on the Dec. 28 arrest and for the older domestic violence incident were not available at press time. DeStefano could not be reached for comment.

"During his tenure with the agency, he's done very well," Vidaurri said in support of DeStefano. "As far as anything of this magnitude, this is actually one of the first few times where any serious type of violations have occurred with him."

Records of current and past department investigations involving DeStefano were not made available to the EXPLORER by press time.

DeStefano was arrested in Marana's jurisdiction Dec. 18, nearly an hour after crashing his vehicle into a dirt embankment on the north side of Twin Peaks Road west of Silverbell Road, according to Pima County Sheriff's department reports.

Two sheriff's deputies, a sergeant and two Marana Police Department cars responded to calls that DeStefano was stuck spinning his wheels in the loose dirt.

Deputy Jeffrey Bonds was the first officer dispatched to the scene shortly after 3:30 a.m. and he found DeStefano's car perpendicular to the roadway. DeStefano told the deputy he swerved off the road to avoid another vehicle that had traveled into his lane and he had been stuck there for about 15 minutes, reports state.

As DeStefano located his driver's license from inside his car, Bonds reported that he noticed a Marana Police badge. It took DeStefano two or three attempts to remove his driver's license from his wallet, reports state.

"I noticed at one point he seemed to stumble and fall into the vehicle," Bonds wrote. "As he walked back to me, he also seemed somewhat unsteady on his feet."

Sgt. George Economidis of the sheriff's department arrived on the scene shortly before 4 a.m. As he was arriving, Sgt. William Hess of the Marana Police Department called him and requested the sheriff's department conduct the investigation, reports state.

However, just moments after that conversation, Mark Meredith of the Marana Police Department arrived on the scene.

"I met with Officer Meredith briefly, indicating to him that it was my understanding from a phone call with Sergeant Hess that we would handle the investigation and that no Marana officers would be responding," Economidis wrote. "Officer Meredith indicated to me that as he was already on scene, he would assist in any way possible but would maintain a non-investigatory role."

Moments later, Hess also arrived on the scene and ordered Meredith to give DeStefano his duty jacket when DeStefano was cold, reports state.

DeStefano admitted to having "a few drinks" at a Christmas party earlier in the evening, Economidis wrote in his report, adding that he smelled alcohol on his breath.

However, DeStefano refused to perform a field sobriety test, specifically a Horizontal Gaze Nystagmus test, because "he did not believe in the validity of the test, as he was a certified HGN officer," reports state.

Hess then requested to speak in private with DeStefano, which they did for three to five minutes in the back of a Marana squad car, reports state.

DeStefano then talked to Economidis again, saying he was "not impaired enough to drink," reports state.

"I believed he meant he was not impaired enough to have problems driving," Economidis reported, adding that DeStefano "displayed poor balance."

Deputy Barton Davis arrived on scene and was able to convince DeStefano to take the gaze test, though he refused a breathalyzer test, reports state. He was then arrested for driving under the influence of alcohol and taken to Northwest Medical Center where DeStefano allowed his blood to be drawn for testing of its alcohol content. Results of that test were not available at press time.

"In speaking with him, I observed he had red, bloodshot eyes, his speech was slurred, and I could detect a moderate odor of intoxicants coming from his mouth," Davis reported.

Hess took DeStefano home that night. Ten days later, on Dec. 28, DeStefano was arrested again for criminal damage with domestic violence involvement.

Town records show that the Marana Police Department has sent DeStefano on multiple training trips in the last year, including a stay for more than a week in Tempe. Receipts from that trip show he may have spent some time drinking at VooDoo Daddy's Magic Kitchen, where he ordered a martini and some merlot, though he only billed the town for the food portion of his receipt.

Travel records show he also sought reimbursement for several food expenses during a trip to Minnesota in October. The town paid for the sampler platter he ordered at Applebee's his first night in town, though it didn't pick up the tab for the four beers on his bill.

Vidaurri said he was caught off guard by DeStefano's behavior.

"I think it was surprising to me that this type of incident happens in general, whether it's John or anyone else," Vidaurri said. "When these types of issues happen, it surprises anyone."

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    12/12/2005 - A Coal Valley police officer is facing criminal charges for allegedly using police records to assist in investigating cases as a private investigator. 

 Jose M. Cerda, 42, is charged in Rock Island County Circuit Court with four felony counts of official misconduct, a felony count of false impersonation of a police officer and a misdemeanor count of acting as a private detective without a license.

 Two of the misconduct charges stem from an incident July 2 when Cerda allegedly used the police records management system to look up records for two men and a woman. The other two stem from incidents between Sept. 10 and 12 where he again allegedly used the computer system to look up records, this time for two other men.

 The impersonation charge stems from a Sept. 12 incident where he allegedly told one of the men he was a police officer from Davenport, court records state.

Cerda was released on his own recognizance Monday. He is due back in court Dec. 13.

Coal Valley Police Chief Larry Buechler said Cerda has been on administrative leave with pay since Sept. 23.

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   12/12/2005 - DES MOINES, Iowa A Des Moines police officer facing assault and harassment charges has been fired.

 Officer Eric Ortman was arrested October fifth in Ankeny after his wife called police to their home during a domestic dispute.

 Ankeny police say they needed to use a Taser to control Ortman after they arrived at the scene.

 Now he'll appear in court next month on charges of assault on peace officers and firefighters, first-degree harassment and interference with official acts.

 Maggi Moss, Ortman's attorney, says her client is a recovering alcoholic on his second month of sobriety. She says alcohol is at the root of his problems.

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   10/28/2005 - A Des Moines activist group says the U.S. Department of Justice will look into allegations that a Polk County sheriff's deputy targeted Hispanic drivers for no apparent reason.

 "They are very interested in this case," Angela DeJonge Meraz, community organizer for Citizens for Community Improvement, said of the Justice Department. "They want to be sure that there's no discrimination in the sheriff's department."

 About 70 people attended a meeting sponsored by CCI Thursday night in Des Moines to talk about accusations that Deputy Shawn Van Hoozer, who is white, pulled over three Hispanic men near Grimes despite that they were driving the speed limit and violating no traffic laws. The alleged incidents occurred May 14 and Aug. 5.

Sheriff's officials have denied the allegations.

"I felt like a criminal," said Miguel Aviles, one of the three men stopped by Van Hoozer. "The only thing I can think of is that he pulled me over because of my skin color."

 CCI invited Sheriff Dennis Anderson to the meeting, but officials said he was out of town and unavailable.

 Bill Vaughn, the sheriff's chief deputy, defended his department's decision to skip the meeting. "If there's corrective action that needs to take place - whether it's training, counseling or discipline - we would take the appropriate course of action, but we don't want to be thrown into an emotionally charged setting," he said.

 Vaughn said he would meet with the three men only if they file a formal complaint with his department.

The men detailed their experience with Van Hoozer.

• Eliseo Belmares of Des Moines said Van Hoozer stopped him despite that he was driving the speed limit and violating no traffic laws. He said he was asked about immigration status. Belmares said Van Hoozer stopped him after he looked up his license plates and found he didn't carry a valid Iowa license. Belmares, who moved to Des Moines in 2000, had a Kansas license and state law requires drivers to get an Iowa license within 30 days after they move.

• Aviles, of Des Moines, said he was traveling on Iowa Highway 141 when Van Hoozer stopped him. Aviles said the deputy asked him to get in the patrol car while he searched the vehicle. Van Hoozer, he said, impounded his vehicle and drove Aviles, who had an expired Iowa license, to a gas station.

• Luis Hernandez of West Des Moines said Van Hoozer took his wallet, keys and cell phone then locked him in the patrol car before asking for a driver's license or insurance. He said the deputy then got agitated when Hernandez told him that he had just moved to a new house and didn't remember his address. Hernandez said he was threatened with jail time if he didn't say his home address. He said Van Hoozer then asked for his license and insurance and told him his truck was being impounded.

 CCI obtained records and videotapes from the sheriff's department showing that 53 percent of Van Hoozer's 42 tickets went to Hispanic drivers between May 27 and Aug. 19. Van Hoozer's ticketing pattern suggests racial profiling, DeJonge Meraz said.

 About a handful of attendees - most of them Hispanics - complained of racial profiling by Iowa law enforcement agencies and said it might be a widespread problem.

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   10/06/2005 -  A Des Moines police officer was arrested early Wednesday morning by Ankeny police.

 Officer Eric Ortman was charged with domestic abuse, assault on a police officer and interference with official acts.

Ortman has been a Des Moines police officer since 1994. He's been placed on administrative leave from his duties at the Des Moines airport.

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  09/23/2005 -  MASON CITY — Former Mason City police officer Dan Mason was sentenced to up to two years in prison this morning for his conviction earlier this year of assault with intent to commit sexual abuse.

 District Judge Bryan McKinley imposed the sentence after hearing nearly three hours of statements from witnesses, including Masons’ parents, who asked that he be granted probation.

 The conviction stems from an incident in December 2004 with a 19-year-old woman in her home. Mason testified in his trial and said again today that he had consensual sex with the woman and that he stopped when he realized she wanted him to stop.

 McKinley, in imposing sentence, told Mason what happened wasn’t an accident or the result of a miscommunication. “It was a crime,” he said.

 Mason was charged in early 2005 in two other sexual assault cases. He was fired by the Mason City Police Department after an internal investigation.

The additional trials for Mason are scheduled for Nov. 30 and Dec. 13.

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

   09/16/2005 -  A Polk county youth shelter aide and former Des Moines police officer has been accused of sexually abusing a child. His name is Walt Bevel, and he worked at the Polk County Youth Shelter for a little more than a year. In July he resigned and now he is facing three sex abuse charges.

 Walt Bevel is charged with assault with intent to commit sex abuse, indecent contact with a child and third degree sex abuse. Police say the abuse occurred at the Polk County Youth Shelter, where Bevel was an aide and outside of the shelter. Investigators believe it occurred over an eight month period beginning in January of this year. The shelter normally houses children as young as nine to as old as 17.

 Bevel was a Des Moines police officer from 1983 to 2001. He retired taking accidental disability after sustaining some type of injury. We talked with an officer who worked with Bevel. He says he was personable, a competent officer and they were shocked to hear about the charges.

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   08/12/2005 -Mason City - Dan Mason, the former Mason City police officer convicted in June of assault with intent to commit sexual abuse, has asked for a new trial.

  Mason's attorney was in court Tuesday morning claiming affidavits from five jurors indicate the jury misunderstood and misapplied  court instructions in finding Mason guilty of an aggregated misdemeanor.

  Michael Byrne, Mason's attorney, presented the affidavits during a two-hour hearing in Cerro Gordo County District Court.

 Byrne also asked the court to delay sentencing, pending the outcome of two additional cases against the 14-year police department veteran.

Bryne said the motion for a new trial is connected to juror misconduct.

He said an "objective discussion" among jurors during deliberations is the basis for the motion.

 "The juror misconduct involves the misapplication of the court's instructions," Byrne told Judge Bryan McKinley. "The jury failed to discuss the defendant's specific intent, which resulted in failure to follow the instructions of the court.

"Subsequently, the defendant has not received a fair trial," Bryne said.

He called it "an unforeseeable error."

"It was not a case where jurors went out on their own," Bryne said. "It was a good faith effort. But the fact is that they misapplied the law on essential evidence."

 Prosecutor Patricia Houlihan of the Iowa Attorney General's Office argued against a new trial.

 She said there is no proof of misconduct and said the affidavits were not legally valid evidence.

The court will accept written briefs prior to ruling on the motion.

 In the motion to delay sentencing, Bryne said pre-sentencing medical and sexual information requested by the Department of Corrections could jeopardize his client's chance at a fair trial in pending cases.

Mason was charged with third-degree sexual assault in December 2004. He was accused of raping a 20-year-old Mason City woman earlier in the year.

 Charges in two more cases followed and early in 2005 he was fired by the Mason City Police Department.

In June, a jury of seven men and five women found him guilty of the lesser charge of assault with intent to commit sexual abuse.

He could be sentenced to up to two years in prison and would have to register with  the Iowa Sex Offender Registry program.

Two trials on additional charges against Mason are scheduled later this year.

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07/15/2005 - A Moline police officer appeared in court today on a drunk driving charge alleging  he failed sobriety tests along Interstate 80 in Scott County, court records show.

 Timothy K. Saathoff, 32, of Cordova, Ill., was arrested at about 3:10 a.m. June 30 after he was involved in a sideswipe accident in Illinois, the Scott County Sheriff's Department said.

 Saathoff refused to take either a preliminary breath test at the scene and a breath test at the Scott County Jail, the department said.

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  06/27/2005 - Mason City - The veerdict — guilty of assault with intent to commit sexual abuse — elicited little emotion from defendant Dan Mason.

 Stoic and straight-faced as the Cerro Gordo County District Court jury was polled, the former Mason City police officer's only reaction was to wipe perspiration from his forehead.

Without speaking, Mason followed his attorney from the courtroom.

 The seven-man, five-woman jury deliberated less than four hours before returning the guilty verdict Friday morning on the aggravated misdemeanor charge, punishable by up to two years in prison.

The conviction also requires Mason to be listed on the Iowa Sex Offender Registry.

 Although Mason was charged with raping a 20-year-old Mason City woman Dec. 10 at her home, prosecutor Patricia Houlihan of the Iowa Attorney General's Office called the guilty verdict on a lesser charge a "great victory."

 Prosecution of similar cases involving law enforcement officers in Iowa is "very low," Houlihan said.

 "And the conviction rate is much lower than in most sexual assault cases," she said. "While this has been a very difficult and emotional case — for the state, the victim and the defendant — it really is a great victory."

 As the verdict was announced, the victim's mother and a friend wept softly, leaning on one another, before leaving the courtroom without comment.

 Iowa Division of Criminal Investigation agent Larry Hedlund, the primary investigator in this and two similar cases pending against Mason, said only, "My sympathy goes out to the victim and her family. I will say only that this case had an excellent judge and an excellent jury."

Asked if the defense will file an appeal, Mason's attorney, Michael Byrne, said that discussion is premature.

"We are disappointed that the jury found any basis for a conviction. Because of the length of deliberation, I anticipated a verdict of not guilty," Byrne said.

We believe the jury was mistaken in holding Mr. Mason responsible for any injury to the victim and that any sexual activity was consensual."

 A 14-year veteran of the Mason City Police Department, Mason was placed on administrative leave when charges were filed against him and was fired in April following an internal investigation by the department.

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05/19/2005 - Iowa Court records show an Iowa State trooper accused of sexually abusing a girl more than a decade ago asked her not to talk about it for fear he'd lose his job and family. Investigators recorded a telephone conversation between Karl Kluender of Huxley and the girl last month.

He was charged this week with second-degree sexual abuse. He was also fired.

 The alleged abuse happened between 1992 and 1994 at Kluender's parents' apartment in Denison. Kluender's attorney, Bill Kutmus, criticized the criminal complaint as editorializing and an effort to "capture the media's attention. Kutmus says Kluender plans to plead not guilty and will appeal his firing.A preliminary hearing is set for April 29th in Crawford County District Court.

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

Officers Involved: Gregory Collins

Location: Iowa

 5/18/2004 -- Federal prosecutors dropped the final charge against a former Davenport police narcotics and vice commander, two months after his conviction and 18-month prison sentence on that charge was overturned on appeal. The dismissal means that former Sgt. Gregory Collins, who was fired in 2000 after an eight-month internal affairs investigation revealed that he pocketed money and used seized property for his own benefit, will serve no prison time.

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

Officers Involved: Travis Hamilton

Location: Iowa

  02/2003 -- Charges alleged that Travis Hamilton made an improper arrest in February 2003 and submitted an inaccurate report of the incident and in general, harassed the person arrested. He also had charges alleging he made improper and unprofessional statements after an arrest and was cited for not following standard police safety procedures and conducting an improper and illegal search in a May 2003 traffic stop.

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