Tag Archives: paid suspension

Viral Facebook Live Video Shows Ohio Man Being Beaten and Punched During Arrest

Euclid Ohio Police Brutality Arrest Beating

A viral Facebook Live video shows a man being violently arrested in Euclid, Ohio.

A live-streamed video that was making its way around Facebook on August 12th (2017) shows a man being violently arrested in Euclid, OH. (Note: many of the people sharing the video had for some reason misidentified the location as Edina, MN.) As of right now, there aren’t a lot of details outside of what can be seen on the video. (That video is embedded below.)

Later in the evening, the Euclid Police Department did release a statement in which they said that the cops pulled a man named Richard Hubbard III, who is from Cleveland, over for a traffic violation. They then decided to arrest him for some unspecified reason. Euclid is a suburb of Cleveland.

According to the EPD statement, Hubbard refused to turn around and face away from them when the police officers ordered him to. Initially, there are two cops involved in the beating. Eventually, at least three other cops arrive and begin helping handcuff Hubbard.

The cop, that can be seen hitting Hubbard numerous times, including in the back of his head, has not been identified yet. Currently, he is on paid vacation while his co-workers perform an “investigation.”

A woman who can be seen recording with her cell phone apparently was arrested also once the other cops arrived.

Below, is the statement from the Euclid police, via Fox8.com in Cleveland:

Euclid police released a statement about the incident, saying that just before 10:30 a.m., an officer pulled over Richard Hubbard, 25, of Cleveland, for a moving/traffic violation near 240 East 228th Street.

Hubbard was ordered out of the car told to face away from the police as he was taken into custody. Police say that Hubbard ignored that order and began to physically resist as the officer took him into custody.

The violent struggle, pictured below, lasted for over 3 minutes.

Update: Partial dash cam video (also embedded below) has been released, which is included as an update to the previously cited Fox8.com post. However, it’s still not very clear even on that video why the police saw Hubbard as a threat when they initially decided to arrest him.

According to the new statement from police, Hubbard was being arrested for not having a license. In addition, although it isn’t shown on either video, the statement says that Hubbard was tased. (The taser can be seen being thrown onto the street after it apparently wasn’t effective.)

They also state that they thought he was going to run, but he appears to be boxed in between the car, the open car door, and the officer who would later assault him. It doesn’t seem like he would have much of an opportunity to run, even if that was his intention.

Bystander Video

Local News Report With Dash Cam Video

Update: Sixteen Arlington TX Cops Allowed to Resign Instead of Facing Charges for Writing Fake Tickets

In December, I posted about what was at the time 12 Arlington Texas cops who had either been fired or resigned for turning in fake tickets they had written to people that didn’t actually exist, oftentimes using the same license plate number in the imaginary citations. Their actions were discovered when department supervisors attempted to review dashcam video from the stops. That footage obviously didn’t exist, since they weren’t really stopping anyone. Apparently, the reason behind these phantom traffic stops was in order to keep up with department quotas.

Via the Star-Telegram:

They are accused of lying about traffic stop reports, tampering with governmental records, and conduct unbecoming a police officer, the press release said.

Their cases have been forwarded to the Tarrant County District Attorney’s Office, which will determine if criminal charges will be filed.

Two of the fired officers are also accused of not being truthful in their testimony with internal affairs investigators…

The accused officers reported on their in-car computers that they had made a traffic stop at a particular address but did not give any names, a source close to the investigation had said.

The allegedly falsified stops were discovered when supervisors could not find accompanying dash cam video of the stops.

Officers are required to report driver demographics, the reason for the traffic stop, whether an arrest occurred and whether a search was conducted during the stop, said Cook, the police spokesman. That data is used to compile the department’s annual racial-profiling report.

Earlier this month, it was announced that all 16 of the officers originally suspected of writing fake tickets have been given plea deals to either avoid being indicted or have previously filed indictments dismissed in exchange for resigning and giving up their peace officer licenses, thereby preventing them from working as police officers again.

Via Fox4News.com:

Roughly nine months after 16 police officers were placed on leave during an investigation into fake traffic stops, all of them will avoid prosecution.

Eleven of the officers agreed to plea bargains early on and gave up their peace officer licenses to avoid indictments.  Five of them were actually indicted but later took the same deal to have the indictments dismissed.

“Dane Peterson, Dace Warren, Brandon Jones and Chris McCright were indicted for tampering with a governmental record in multiple indictments,” the district attorney’s office said in a statement. “Chris Dockery was indicted in one multiple count indictment. All of the officers agreed to give up their TCOLE licenses, and we have dismissed the indictments against each other.”

There’s no mention of the investigation that should be taking place into the illegal ticket quotas imposed by the department that apparently led to the fake ticket scandal in the first place. Of course, that might be the reason that all these cops who were caught red handed breaking several laws got a deal which prevents them from needing to testify in court about it during their trials.

Deputy at #DAPL Protests Passed Out in Running Police Vehicle After Over 15 Vodka Shots and Prescription Meds

Deputy Ryan Fowler of the St. Croix County (WI) Sheriff’s Office reportedly had consumed between 12 and 26 shots of vodka within a three hour period before he was arrested in October. Further investigation revealed that he had also taken prescription medications prior to drinking that night. He also admitted that it was possible he had drank even more alcohol in his hotel room.

Deputy Fowler and three other St. Croix officers had been assigned to duty as part of the police response to the protests against the Dakota Access Pipeline on the Standing Rock Indian Reservation outside of Bismark North Dakota at the time. As a result of the arrest, they were all four sent back to Wisconsin.

Fowler was discovered by Bismark police passed out in his police K-9 vehicle, which was running and in drive at the time. Officers who arrested him were investigating a report that he had been involved in an altercation (possibly with another cop) and subsequently stolen a sweatshirt from a man who had previously woken him up after seeing him asleep in his squad car.

In spite of the fact he was caught in a police vehicle, Deputy Fowler initially lied to the officers, stating his name was “John.” Upon searching the squad car, his real name was discovered once Fowler’s ID, as well as the stolen sweatshirt, was found. Eventually, after a paid vacation of about a month and a half, Fowler was allowed to resign instead of being fired.

Via the Twin Cities Pioneer Press:

According to an internal investigation report completed by St. Croix County Sheriff’s Office Lt. Cathy Borgschatz:

Bismarck police were dispatched at 11:34 p.m. Oct. 12, after a gas station attendant called on behalf of another man.

That man, identified as Daylan ChasingHawk, reported a fight at the Comfort Inn Hotel, where he claimed he witnessed a deputy drunk inside his squad car. The deputy stole ChasingHawk’s sweatshirt, according to a 911 call.

An officer arrived to find a St. Croix County sheriff’s squad car in the driving lane at the hotel. A look inside revealed a sleeping man in the driver’s seat and a police dog inside. The car was running.

The officer “noticed that the squad was in drive and Deputy Fowler had his foot on the brake,” the report states. She and other officers had to beat on the car’s window for more than a minute before Fowler stirred.

Fowler stepped out of the car and smelled strongly of alcohol. When asked his name by the officer, he told her it was “John.” Officers later learned his actual name after finding his driver’s license inside the car.

A sweatshirt was also found inside the vehicle. Other Bismarck officers were interviewed during the investigation, including one who relayed ChasingHawk’s account: That he encountered Fowler asleep in the squad car, shook him until he woke and received an offer from Fowler to buy his sweatshirt for $5.

“The deputy drove off in his squad car, with Daylan’s sweater and hadn’t paid Daylan the $5,” according to the officer’s statement.

Fowler was then run through field sobriety tests, some of which he failed, some of which he didn’t complete.

Fowler was arrested and taken to the Bismarck Police Department, where a breath test revealed a 0.23 blood-alcohol concentration.

Asked by Bismarck police how much he had to drink that night, Fowler said he had three drinks in the hotel bar and one in his room, prompting the officer to ask if he had more after he got back to his room. “Deputy Fowler stated that it was possible,” the report states…

Borgschatz learned the incident was preceded by an incident in Fowler’s hotel room at about 10:30 p.m. Oct. 12, when a Dane County (Wis.) deputy heard loud sounds coming from inside the room. The deputy later went to the room and told the men inside — a K-9 handler and another officer — to quiet down.

St. Croix County Sheriff’s Deputy Ryan Kelly, also a member of the four-person assignment, had earlier told Borgschatz that he and Fowler were in the room playing with Fowler’s police dog, Dugan, when they were told to be quiet.

“It seemed likely that Deputy Fowler, Deputy Kelly and the canine were only playing and the disturbance was due to the playful conduct with the dog and not any altercation,” the report states.

The Dane County deputy said as he was going back to his room, he saw one of the room’s occupants heading toward the exit with a dog.

Borgschatz later interviewed Fowler about the incident.

He said he took medication before going to the hotel bar, where he had “four or five” vodka-Red Bull drinks. Fowler said he had set an alarm for 9 p.m. that was going to be his reminder to go to bed, but he hit the snooze button since he had a full drink in front of him. He said he and Kelly stayed for another drink after that.

Fowler said that was the last thing he remembered, but noted that he didn’t feel drunk at the time. He said his first recollection after that was looking at paperwork inside the Bismarck police station. The medication, he later said in the interview, was a mitigating factor in the incident.

“Fowler is excusing his behavior because of a new prescribed medication,” the report states. “He was not able to admit that being a 0.234 affected [sic] his decision-making or memory. He blamed the bartender for getting him intoxicated.”

Borgschatz, who inspected the bar pours — 50/50 mixes, she reported — at the Comfort Inn as part of her investigation, concluded that Fowler had between 12 and 26 shots of vodka in less than three hours.

“It is likely he had more than 15 shots of vodka,” the report states.

The report outlines 12 department violations Fowler committed, ranging from refusal to follow orders to breaking the law.

As part of the internal investigation Deputy Fowler maintained that he should not have been arrested for some unexplained reason:

“Deputy Fowler stated he believes he should have never been arrested but wasn’t able to articulate what made the incident an unwarranted arrest,” the report states. “He only stated the whole situation should have been taken into account.”

Philadelphia Taxpayers Forced to Pay $4.4 Million to Innocent Delivery Man Undercover Cops Ambushed

Last week, the Philadelphia Police Department agreed to the largest settlement in the history of the city to pay off an innocent man that two undercover cops shot at fourteen times. In April of 2014, Philippe Holland was delivering food when Officers Mitchell Farrell and Kevin Hanvey ran at him without ever identifying themselves as police officers.

Holland, having no reason to know they were cops and seeing that one of them was holding a gun, believed he was being robbed and tried to escape in his car. In spite of it specifically being against policy to do so, Farrell and Hanvey used the excuse that they “feared for their lives” from the car being used as a weapon to open fire on Holland. As a result, Holland, who was twenty years old at the time, now suffers from a permanent seizure disorder and still has bullet fragments lodged in his brain.

In spite of witness statements that contradict the two officers’ story, the district attorney (not at all surprisingly) declined to press any charges against them. Instead, they’ve been given a paid vacation for the past two years, while the slap on the wrist they will eventually receive from the department remains “pending.”

Via Philly.com:

It is the largest settlement in a police shooting case in the city’s history, according to Philadelphia Law Department records.

Then-Commissioner Charles H. Ramsey said shortly after the shooting that Officers Mitchell Farrell and Kevin Hanvey had fired at the wrong man.

On Friday, the mayor’s office called the shooting “an unfortunate, regrettable series of events.”

“We will strive to ensure that tragedies such as this do not happen again in our city,” City Solicitor Sozi Pedro Tulante said in the statement.

Philippe Holland was delivering a cheeseburger to a house on the 5100 block of Willows Avenue in West Philadelphia on April 22, 2014, as police responded to reports of gunshots nearby.

In a deposition, he said he saw Farrell and Hanvey approaching him and thought he was about to get robbed. He slipped into his car through the passenger door, he said – and that’s when one officer shined a light into the car and Holland saw a gun in the other’s hand.

He told police that Farrell and Hanvey never identified themselves as police officers. He said that he panicked and tried to pull out of his parking spot – and that the two men opened fire on him, hitting him in the head and body.

At the time, it was against police regulations for officers to fire at a moving vehicle unless someone inside the car was threatening them or someone else with some form of deadly force other than the vehicle itself.

Hanvey and Farrell told investigators they approached Holland because they saw him walking past a Chinese restaurant on 51st Street and asked a witness on the street where the gunshots she’d heard had come from. They said the woman had pointed toward Holland and said the shots came from where he was walking.

But the woman later told police investigators she had only pointed toward the Chinese restaurant, and didn’t mention a man at all.

Hanvey and Farrell insisted that they told Holland they were police and that he drove his car toward them, making them fear for their lives.

Holland, a student at Delaware County Community College, was left with a permanent seizure disorder and has bullet fragments in his brain, according to his attorney, Tom Kline, who announced the settlement Friday.

The District Attorney’s Office declined to press charges in the case. According to police documents Kline provided to the Inquirer and the Daily News, the department’s Use of Force Review Board concluded that Farrell and Hanvey had violated department policy, though the board did not specify a punishment for that violation.

A police spokesman said that the two have been on administrative duty since the shooting, and that “discipline is still pending.”

The department could not say whether the officers will return to the street.

At least the taxpayers of Philadelphia get to pay for this “unfortunate, regrettable series of events,” while the two officers actually responsible for it have had plenty of time to sit home getting paid to think about what they did. That certainly should ensure that “tragedies such as this do not happen again” in their city.

Nine Texas Cops Fired Three Others Have Resigned After Writing Tickets For Imaginary Traffic Stops

Back in May, fifteen police officers from Arlington Texas were given paid vacations after it was discovered they had been falsifying traffic stops in order to meet department ticket quotas. Now nine of those officers have been fired and another three have quit as a result of an internal affairs investigation. The remaining three and another who was later added remain on paid suspension while the investigation continues.

The traffic stop irregularities came to light when department supervisors attempted to review dash cam footage from the phantom stops. Once it was discovered that no dash camera video existed, a wider internal probe was initiated. Another “red flag” that raised suspicion was that the same license plate number was used for multiple stops.

In the end, it was determined that no stops had been made, nor had any citizens been contacted by the officers during the reported stops. The results of the internal investigation have been forwarded to the Tarrant County District Attorney’s Office for a determination of whether they will receive a painful slap on the wrist or some sort of imaginary punishment for their imaginary actions.

Via the Star-Telegram:

They are accused of lying about traffic stop reports, tampering with governmental records, and conduct unbecoming a police officer, the press release said.

Their cases have been forwarded to the Tarrant County District Attorney’s Office, which will determine if criminal charges will be filed.

Two of the fired officers are also accused of not being truthful in their testimony with internal affairs investigators.

Police Chief Will Johnson declined to comment Friday night.

“These allegations are serious and represent conduct that is not consistent with departmental expectations,” Johnson said in a statement at the time.

Mayor Jeff Williams and several City Council members did not return requests late Friday for comment on the case.

Councilwoman Sheri Capehart said she couldn’t comment because it’s “a personnel matter.”

The accused officers reported on their in-car computers that they had made a traffic stop at a particular address but did not give any names, a source close to the investigation had said.

The allegedly falsified stops were discovered when supervisors could not find accompanying dash cam video of the stops.

Officers are required to report driver demographics, the reason for the traffic stop, whether an arrest occurred and whether a search was conducted during the stop, said Cook, the police spokesman. That data is used to compile the department’s annual racial-profiling report.

While also maintaining that the investigation was “flawed,” the attorney for two of the officers, Randy Moore, also claims that the Arlington Police Department has a quota system that officers are required to maintain. According to Moore, this quota system is responsible for the falsified traffic stops that he claims didn’t actually happen.
In spite of the department’s denials of the quotas’ existence, one of the stated motivations for the scheme was the desire to do well on performance evaluations. Of course, it’s not at all unusual for police department nationwide to institute quotas under some other name and pretend that they aren’t actually quotas and/or to have unannounced quotas that are enforced by supervisors.
In addition, there was also a recent case not far from Arlington in which four Houston police officers concocted a scheme involving traffic tickets to fraudulently get paid overtime for testifying in court by naming each other as witnesses in traffic tickets they wrote. So, it’s not at all unheard of for Road Pirates to realize that some of that revenue they are generating could belong to them personally if they played their (marked) cards right.

NYPD Cop in Charge of Vetting Character of Recruits Arrested for Pulling Gun on Woman in Road Rage Incident

After a woman accidentally cut NYPD Officer Donald Vale off in Long Island he chased after her and then pulled his gun and threatened her. However, once he concluded his road rage induced confrontation that began, according to the New York Daily News, on the southbound Sagtikos Parkway near the Southern State Parkway and drove away, the unnamed victim wrote down his license plate number.

He later confessed to brandishing his weapon to New York State Police investigators after being tracked down to his house. He’s now facing a second degree menacing charge and a pretty vicious slap on the wrist, once his paid vacation ends.

Via Complex.com:

According to the New York Daily News, officer Donald Vale was driving in Long Island on Sunday afternoon. At around 4:10 p.m., the victim accidentally cut him off in traffic. Vale reportedly became enraged and began to pursue the woman who had cut him off, then allegedly threatened her with his firearm. Vale was caught because the victim wrote down his license plate number as the off-duty cop sped away from the scene, and gave the information to police when she filed a report.

Sources with the NYPD told the New York Daily News that Vale was interviewed about the reported incident, and admitted to pursuing the woman after she cut him off. Vale, who has been with the New York police force for 14 years, has been charged by the NYPD with menacing. He has been suspended pending the results of the case against him, according to the New York Daily News.

The real kicker to this story is that Officer Vale, who is a 14 year veteran (I’m sure this is the first time he’s ever snapped over something minor and that he also never “flew into a rage” while on duty during those 14 years), is a member of the NYPD’s Character Assessment Section. That means Officer Vale is one of the guys who decides if new recruits applying to be hired at the New York Police Department have the proper character to be police officers.

It’s truly surprising with such upstanding and rational people vetting the new hires that the NYPD is responsible for so many instances of corruption and violence toward citizens.

New York Cop Who Crashed a Stolen Car While Drunk Then Ran From the Scene Fined $1000 and Not Even Fired

Nicholas P. Kozack, a Kingston NY police officer, got drunk on St. Patrick’s Day, stole a car, wrecked into a highway sign after missing an exit, flipped the car totaling it, and then ran away from the accident site. He was later caught hiding nearby in someone’s backyard. Initially, he was charged with DWI, leaving the scene of an accident, and felony possession of stolen property.

One would think he’d be in big trouble after all that. However, one would soon be reminded that Officer Kozack has a Magic Suit that renders him impervious to meaningful consequences for his actions, regardless of how illegal, immoral, dangerous, or even deadly they might be. Instead, Kozack received a rather generous Policeman’s Discount and was allowed to plead to a misdemeanor DWI charge by Ulster County Assistant District Attorney Margo Hanstein.

His “punishment” will consist of a $1000 fine, getting one of his co-workers to sign a paper saying he attended a “victim’s impact” class, and having to get someone to blow into the tube attached to his car for a year when he drives drunk (unless he steals another car in order to avoid that indignity).

Priot to that, he also had to pay the person whose car he stole almost $2500 to cover what the insurance didn’t pick up and was given a thirty day suspension before it converted into a paid vacation for the past six months. But he could afford that since he didn’t even lose his $68,000+/year job. He also didn’t even lose his license, although there’s no word on whether he will be required to have an anti-alcohol ignition lock installed on his patrol car.

Via the Daily Freeman:

Kozack pleaded guilty before Ulster town Judge Marsha Weiss in full satisfaction of the charges against him. He was then sentenced to pay a $1,000 fine, ordered to attend a victims’ impact panel, and was ordered to install an ignition interlock device on his vehicle for one year.

Kozack was given a 20-day stay in order to apply for a conditional driver’s license. His license had been surrendered to Weiss in April.

His attorney, Kevin Harp, said Kozack had waived an earlier hearing with the state Department of Motor Vehicles regarding his refusal to submit to a sobriety test after the accident.

Harp added that Tuesday’s sentence was standard for a person pleading guilty to a misdemeanor drunken driving charge. (He forgot to add that people committing this type and number of crimes don’t typically get the opportunity to plead down to a misdemeanor drunk driving charge – Editor)

Prior to pleading guilty, a felony possession of stolen property charge against Kozack was reduced to a misdemeanor by Ulster County Assistant District Attorney Margo Hanstein.

The stolen property charge was in relation to the vehicle Kozack was driving at the time of the crash.

“He paid restitution to the owner of the vehicle to cover all out of pocket expenses not covered by insurance,” Harp said of Kozack. He said paying the $2,470.25 in restitution was required of Kozack as part of a plea deal.

Kozack, who was off duty at the time of the crash, was suspended for 30 days without pay after a unanimous vote of the Kingston Police Commission on March 16. After the 30 days expired, Kozack remained suspended but began receiving his pay again.

That’ll teach him.

Three U of A Students Assaulted by Alabama Cops With Batons And Tazers on Video

University Alabama Student Arrest Video
Three (unnamed) police officers in Tuscaloosa, Alabama have been suspended (with pay) after video surfaced of them assaulting and tazing a group of University of Alabama students. At the time of the attack, they were responding to a noise complaint, apparently involving loud music.

Multiple videos taken from different angles show the officers ordering one of the students out of an apartment, then pushing their way into the doorway and grabbing him when he asks why he is being arrested. He’s subsequently pulled outside, tazered, and then hit in the back by another cop with a baton.

Meanwhile, a female student inside the apartment, who can be heard complaining about the treatment of the first student, is told to “shut your fucking mouth” by one of the officers.

Eventually, three students were arrested on various charges, including obstruction, resisting arrest, and ironically enough harassment.

Via the New York Daily News:

Several bystander videos captured the tense arrest at an apartment complex a block from Bryant-Denny Stadium hours after the Crimson Tide football team beat the Louisiana State University Tigers.

Tuscaloosa police booked Brandon James Williford, 21, Matthew Gimlin Macia, 22, and Caroline Elizabeth Giddis, 22, on obstructing governmental operations charges, according to police. Williford and Macia were also charged with resisting arrest and Williford and Giddis also face harassment charges.

University of Alabama Students Arrested VideoThe video of the arrest shows an officer standing in the doorway of an apartment demanding to come inside before barking orders at one of the men to step outside.

He then snatched at the man’s shirt as a woman shouted “Don’t treat him like that” in protest. Another officer told that woman to “shut your f—ing mouth” as she cried hysterically during the arrests.

The officer standing at the doorway accused the man of grabbing his arm.

“You’re under arrest for harassment for grabbing my arm,” the officer bellowed. “I’m going to ask you one more time to get outside. Get outside now.” The man’s friends challenged the officer’s demands by asking if he was “being arrested or detained” and if so, the charges.

In another angle from outside the apartment, the officer barges through the doorway after someone inside the home tried to shut the door, prompting at least two more cops to storm in after him.

The officer then dragged the male resident outside, tackled him to the ground and deployed his stun gun on him. Another officer battered the man’s back with a baton. The footage shows a second man getting shoved to the ground beside him.

Tuscaloosa Police Chief Steve Anderson referred to the incident as a “black eye” for the city and police department. He is reportedly “deeply disturbed” by the video.

At a news conference on Monday, Chief Anderson pledged a full “investigation” into the officer’s actions and implored Tuscaloosa residents not to fear the police, stating:

“Do not be afraid of calling the Tuscaloosa Police Department. Do we always get it right? No, but there’s no need to fear us or fear our officers.”

Of course, Alabama is a state where cops get into fights with and then pepper spray each other. It’s also where a man was recently sexually assaulted at gunpoint by a police officer after being pulled over based on a noise complaint, which is the same reason the Heroes on this video showed up at the student’s apartment.

So, perhaps this might just be the latest reason for people to think twice about calling the police in Alabama. Plus, we all know quite well how these “full investigations” usually turn out once the media spotlight fades away.

Mount Vernon Ohio Detective Arrested for Drug Dealing and Extortion

Corrupt MVPD Detective

MVPD Detective Matt Dailey

Last week, the FBI arrested Matt Dailey, a detective with the Mount Vernon (Ohio) Police Department, on drug trafficking charges related to the sale of marijuana, meth, ecstasy, coke, and opiate-based pain pills. In addition, he faces charges of extortion and the use of a gun while engaging in drug sales. Detective Dailey had previously been suspended (with pay) on September 18th. While the reason for that suspension was not disclosed, it is presumed that it was due to the FBI’s investigation of his drug crimes.

Details within the FBI’s arrest report, indicate that Dailey used his position as a police officer to supply drugs to and facilitate the sale of those drugs by a confidential informant, who he had come into contact with during previous drug investigations. He also used his position and knowledge of drug investigations being conducted by local law enforcement to encourage the confidential informant (CI) to sell the drugs for him. He indicated to the CI that all of the drug investigations within the Mount Vernon Police Department, as well as the Knox County Sheriff’s Office, went through him. That CI stated that he perceived Dailey’s stated ability to influence drug investigations as both an assurance he would be protected from prosecution and an implied threat that if he didn’t help sell the drugs he could be set up for a drug arrest.

banner buy shiny badgesMany of the drugs Det. Dailey supplied to the CI were acquire by stealing drugs that had been confiscated in previous raids from the evidence room. Although at least initially many of the drugs were still contained within evidence bags, he claimed to the CI that he was getting the drugs from a fictional cousin and that he was only selling the drugs because this “cousin” was in trouble since he owed money to a drug dealer and he was trying to help him pay off that debt. In reality, he bought the drugs that he didn’t steal from the MVPD evidence room from a dealer in Columbus. That dealer later also became a confidential informant for the FBI against Dailey.

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Suspended Deputy With History of Excessive Force Investigations, Named in Two Federal Lawsuits

Broward County Deputy With K9Broward County Sheriff Deputy Gerry Wengert, a K-9 officer, is already suspended for investigation of excessive force has now been named in two federal civil rights lawsuits. He already has a rather long history of excessive force complaints during his career as a police officer, including two fatal shooting of suspects and another of a pet dog. So it should come as no big surprise that the lawsuits also involve allegations of excessive force, including allowing his dog to attack suspects who had already surrendered. Another case involves a man who “aggressively stared” at Wengert, who then found an excuse to pull him over and subsequently beat him.

According to “Local10.com” in Miami:

Robert Arciola InjuriesWengert was suspended in July for his actions in a case involving Robert Arciola, whose face is shown grotesquely swollen in his mug shot after Wengert admittedly struck him repeatedly after a February aggravated assault arrest.

Wengert wrote in reports that when he decided to replace Arciola’s handcuffs, the suspect struck him in the chest, forcing Wengert to punch him twice in the face. But another deputy present later came forward claiming that Wengert was in the wrong, prompting the investigation and the suspension of Wengert and three other deputies who were there when Arciola was injured.

In March, a federal lawsuit was filed against Wengert and Broward Sheriff Scott Israel alleging excessive force was used by deputies, including Wengert. Humberto Pellegrino and Pedro Claveria, both of Miami, say they were mauled by a BSO dog after they surrendered to deputies when they were caught painting train cars in Pompano Beach.

The K-9 that attacked them was handled by Detective Davis Acevedo, who claimed they refused to come out from under a train, something both men adamantly dispute. The men say Wengert was the “ringleader” that night, egging on the dog to “eat” them and making sure the dog did as much damage as possible.

Wengert Broward County Leg InjuryPellegrino’s leg was left looking more like the he was the victim of a shark attack than a dog bite. The men’s attorney, David Brill, described the wounds as “tantamount to a knife wound in battle.”

“I was terrified of this guy,” said Claveria, who suffered deep wounds to his arms in the attack. “I could see the look in his eye, he just looked like he was an animal, just stalking prey.”

Their lawsuit is the second active federal case filed against Wengert. The other involves injuries sustained by Kevin Buckler, whose face was fractured during an encounter with Wengert in 2010.

In reports, Wengert claimed Buckler, who was 21 at the time, “aggressively stared” at him at a convenience store before he pulled him over for allegedly playing his radio too loud. Wengert claimed Buckler refused to get out of the vehicle, flicked a cigarette at him and resisted arrest. The lawsuit alleges Wengert yanked Buckler from the car, smashed him against the vehicle, and then beat him severely with his fists.

“I look at that man and think to myself, ‘he’s lucky to be alive,'” said Brill, when he was shown photos of Buckler’s injuries, which left both eyes swollen shut.

Kevin Bucker InjuriesBrill stressed in his federal complaint that Wengert had been the subject of several internal investigations, and has shot and killed two suspects, shootings that have been deemed justified. There were allegations, among others, that Wengert failed to document neck bites inflicted by his K-9 on a suspect, and that he once improperly shot and killed a family’s pet dog while searching for another suspect. He was exonerated in both of those cases.

Wengert refused an interview request, but his attorney Eric Schwartzreich said he is confident that he will be exonerated in the Arciola case. He added that his client stands by his work as a deputy.

“He’s a tough cop and he’s an effective cop,” said Schwartzreich.

And then there was the criminal charges, filed by BSO, that he improperly sicced a dog on a teenager who had a run-in on the road with his girlfriend and then lied about the incident in reports. When he was acquitted by a jury, he was reinstated and put back on the road. A BSO spokeswoman said that without a conviction the agency had no grounds to terminate him.

But Brill alleges in his lawsuit that Israel is culpable for allowing Wengert to remain on the force.

“This man has no right to be wearing that badge,” said Brill. “This man has no right to be calling himself a law enforcement officer and running the streets the way he has. It’s despicable.”

Shockingly enough, he was even turned in by one of the other officers present in the first case. The other three officer, who stood there and watched him attack a handcuffed man, are also currently on suspension. It’s a paid suspension, of course. The attorney who represents the plaintiffs in the lawsuits points out how that and a previous case, in which a police detective was punished with a demotion by Broward County Sheriff after he turned in another police officer had allowed a dog to attack a defenseless suspect, actually encourages cops to use excessive force:

In the lawsuit, he points at the case of Jeffrey Kogan, the BSO detective who was demoted to deputy by Israel’s administration after he told a prosecutor that a Fort Lauderdale police officer had sicced his K-9 on a homicide suspect after he had surrendered. Kogan sued over the demotion and won at trial, though the verdict was thrown out due to juror misconduct and the case is expected to be tried in court again.

Deputy Wengert Excessive Force K9“Nothing tells K-9 officers that they will not be held accountable for the consequences of using excessive force, such as siccing their dogs on detained suspects, more than when (Israel) punishes one of his own homicide detectives for reporting such a heinous incident,” Brill wrote in his lawsuit.

“The message this sheriff is sending … is it’s perfectly OK to sic a dog on a suspect when it’s not justified,” said Brill. “And in fact, if you do so, I’m not only going to applaud it, I’m going to punish anybody who comes to me and reports you. So go at it, I give you free reign — that’s the message that’s being sent here by this sheriff.”

The attorney hired by BSO responded in court documents that the Wengert complaints were “isolated, spread out, or otherwise not sufficient … to put the sheriff on notice.”

It was after Brill filed the complaint that Wengert was suspended in the Arciola case. Wengert is now suspended with pay pending the outcome of the investigation, another practice he claims rewards bad behavior, saying of it, “If I can commit atrocities on people time and time and time again and not only get away with it but keep my job and get paid and sit at home (there is), not much incentive to do the right thing is there?”

So, while Officer Wengert sits home enjoying his paid vacation and waiting for the “investigators” to declare him exonerated as they have so many times in the past (and probably will a couple more times in the future), his victims are still suffering from his criminal actions:

Pellegrino said the ill effects of his severe dog bite injuries linger with nerve damage and anxiety. He said he still has nightmares about Wengert.

“I don’t ever want to run into him again, I don’t even want to go to Broward County,” he said. “I won’t drive through there. It’s very frustrating to deal with that and to deal with the fact that nothing happens to him like he could just take it upon himself to change somebody’s life like that and not be held accountable.”

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