Deaths and Injuries in Police Custody

[Andrea]

Houston police officer off the streets after abc13 investigation

http://abc13.com/1466162/

In a newly obtained video, a Houston Police officer is seen balling his fist, punching a woman in the face and slamming her to the floor of a drunk-tank cell after she swung her elbow at the officer while questioning the no-refusal blood test. She is charged with felony assault. Until Ted Oberg Investigates asked questions, it wasn't apparent the officer's actions would even face strict review.

The incident and the video -- which Harris County District Attorney's Office said is now under review by civil rights prosecutors -- is the second to emerge from the Houston police lockup providing a look at officers physically reacting to suspects brought into the drunk tank.

Houston police brass have consistently refused to answer questions from abc13 about these incidents. Mayor Sylvester Turner declined comment on the first video uncovered by Ted Oberg Investigates, saying that incident took place in December 2014, during the administration of the previous mayor, Annise Parker.

This latest incident, involving 43-year-old Sharon Graves of Katy, took place March 30 -- nearly four months into Turner's term. He learned of this video after abc13 started asking questions about it and said this week he wants HPD to "scrutinize it very carefully to make sure police officers acted correctly."

"I expect a very thorough, very detailed review," Turner said early Wednesday.

By late Wednesday - hours after abc13 started promoting the story -- City Hall announced the officer was placed on administrative leave.

This incident comes as police departments across the country are coming under greater scrutiny for their actions with suspects in their custody and as Turner's team is conducting a nationwide search to replace the Houston police chief who retired six months ago.

Arrested for driving while intoxicated, Graves refused a breath sample so a judge issued Houston police a 'no-refusal' warrant to test her blood.

Once inside the testing room, Graves had questions about the paperwork

"The documentation didn't look right," Graves told abc13. "I was trying to get answers."

Her lawyer, Tyler Flood, said that Graves, who has many law enforcement friends, had legitimate questions about the warrant.

Then, "She stood up, showing physical objection to the legality of the process," Flood said.

Added Graves, "I was scared. I've never been in that situation."

The HPD surveillance video shows it unfold.

Graves is seen holding the warrant, examining it.

"I don't see my name on there," she tells the officer.

The officer explains her name is on the document. "It's signed by a judge," he adds.

"No, it's not," she replies.

See those straps right there," the officer tells Graves, pointing at a grey seat with harnesses where DWI suspects sit to have blood drawn. "I want you to act like a lady and have a seat." Graves does not. She instead moves to grab piece of paper and walk out of the blood testing area. Graves attempts to reach a cell phone in the back of her jeans pocket, as well.

The video clearly shows she did not obey the lawman's orders. Graves remains standing and swings her elbow, striking the officer on his cheek.

That's when the officer shoves her into the chair and then punches with his balled, yanking of Graves onto the floor.

But it wasn't over.

The officer put Graves' hands behind her back, slapped her with cuffs and shoved her back in the chair.

With Graves breathing heavily, slumped in the chair, other HPD staff came into the room.

"She clocked me," the officer exclaims to the staff. "Look at the video."

More breathing from Graves. "Yea, look at the [expletive] video," she gasps. "You know what? You're going to lose your job..."

The officer: "No I'm not."

HPD told abc13 that the use of force was reviewed.

The department did not allow him to talk about the case to Ted Oberg Investigates and abc13 is not naming him because he has not been charged with a crime.

Houston Police Officer Union President Ray Hunt described the officer's actions as proper police work.

"I honestly see nothing in there that disturbs me except (I'm) a little bit shocked the officer let her go for her cell phone in her back pocket and he didn't take her down at that point," he said.

He also believed the public's reaction would likely be mixed.

"Ten Houstonians who had never seen someone belligerent with a police officer? They'd probably say, 'Wow,'" Hunt said. "Ten Houstonians who have had to see officers subdue people who were were failing to respond? They would go, 'I'm good with that.'"

District Attorney Devon Anderson said today she did not want the video released publicly.

"The reason I won't comment on it and the reason we don't want it released is that it is a pending case and we don't want to influence potential jurors," Anderson said. "There was a use of force that needs to be investigated."

A DA spokesman added the office is looking at this case vigorously.

"We are far from running away from this," he said. "We serve the public. This case will very likely be taken to a grand jury so that 12 citizens can decide if the officer should be indicted or no-billed."

Graves had no criminal history before the arrest. She may now: a DWI misdemeanor charge from the initial arrest and a felony assault for allegedly purposefully injuring that officer with her elbow. She denies both charges.

Photos taken by the HPD that night allegedly show his injury. In the photos, his cheek appears red but no other injury is evident.

"They have to knowingly prove that she intentionally and knowingly assaulted this person and that's absolutely not what happened," Graves attorney Flood said.

Graves is in the process of filing a complaint with the police's Internal Affairs Division.

She lauds law enforcement officers who patrol the streets every day. She told abc13 that she questioned only this "one officer."

This is the second such video obtained by abc13 showing behavior in the Houston drunk tank that has raised eyebrows.

On August 1, Ted Oberg Investigates reported on the case of Reuben Williams, who was handcuffed in a cell surrounded by police officers after his arrest for alleged drunk driving.

Video shows Williams struggled with officers. And the officer said in a report that Williams also spit on him. The officer then said he pushed Williams away. Williams denies spitting on the officer.

Then the video shows William's head slamming against the jail door frame.

Seconds later, Williams drops to the floor with blood from his head smearing the wall and floor of that cell deep red.

Since that report aired aired, HPD said that Williams is being sought for arrest due to open warrants related to his December 2014 arrest.

[Andrea]

Cleveland woman punched by police officer while handcuffed suffers from mental illnesses, family says

http://www.cleveland.com/metro/index.ssf/2016/08/cleveland_woman_punched_by_pol.html

The Cleveland woman punched in the face Thursday by a police officer suffers from mental illnesses, including bipolar disorder and schizophrenia, family members said.

Ciara Perez-Rodriguez, 21, suffered bruises and swelling on her face and arms in the altercation with police officers, according to her father, Louis Perez.

The altercation with an unnamed police officer during an arrest sweep on Cleveland's West Side was caught on video and quickly garnered widespread attention.

Officials have not identified the police officer who punched Perez-Rodriguez as she was handcuffed against a police cruiser. Court records identify several Cleveland police officers involved in the arrest, but do not directly identify the officer who hit Perez-Rodriguez.

The incident happened about 1 p.m. Thursday in the 1300 block of West 80th Street. Perez-Rodriguez's 14-year-old cousin, Andrew Perez, said he witnessed the incident.

Andrew Perez said he was with his grandmother when police descended on the neighborhood. The officers pointed guns at residents, including some children, he said.

Andrew Perez said his cousin told officers she didn't want to give them her name. She walked away from the officers, who then arrested her, he said.

Perez-Rodriguez spit on the officer to try to stop him from arresting her, Andrew Perez said. He said the officer hit her, put her in a chokehold and dragged her to the ground.

An arrest affidavit says Perez-Rodriguez threw a Pepsi can at several police officers. The officers told her she was under arrest. She spit at two Cleveland police officers, court records say.

Officers wrote that she continued to fight with officers while being handcuffed and kicked one officer in the shin. She spit at another officer and kicked an officer twice, including once in the groin, according to court records.

She kicked another officer in the shin as she was being put into the police cruiser. The officer grabbed her arm, causing heavy bruising, according to court records.

"You can't put that type of pressure on her," Louis Perez said Saturday. "Because right away, she'll lose control."

Perez-Rodriguez appeared Saturday in Cleveland Municipal Court, where she is charged with felony assault of a police officer. Cleveland Municipal Judge Marilyn Casssidy set Perez-Rodriguez's bond at $1,000.

Two others arrested during the sweep also made court appearances. Jorge Perez Montano, 19, is charged with carrying a concealed weapon. Court records say police arrested him with a .380-caliber handgun hidden in his fanny pack that also had crack cocaine in it.

A third man, Gary Morales, 22, is also charged with carrying a concealed weapon. Police reported Morales had a .40-caliber semiautomatic handgun in a fanny pack under his shirt. Morales also had nine baggies of marijuana inside the pack, court records say.

The incident comes when Cleveland police are under an agreement with the U.S. Department of Justice meant to reform a department plagued with complaints about excessive use of force and how police officers handle residents suffering from mental illnesses.

A 2014 report from the Justice Department criticized the police department for, among other things, officers injuring citizens who were already handcuffed.

Cleveland police spokesman Sgt. Jennifer Ciaccia previously said officers were conducting a multi-agency operation. She did not give details or immediately return a call Saturday seeking comment.

Cleveland city spokesman Dan Ball said Friday he did not know if the officer who punched the woman is a Cleveland policeman.

"This has to stop," Andrew Perez said.

[Andrea]

Albany Officer Arrested, Accused of Slamming Teen Girl to the Ground

http://www.twcnews.com/nys/capital-region/news/2016/08/17/officers-allegedly-slam-st-anne-institute-resident-to-ground-albany.html

Speaking to the media Wednesday, Albany Police Chief Brendan Cox announced the arrest of officer Ervis Miftari, saying the officer;s actions with a 15-year-old girl was out of line.

"Our responsibilities are to protect the vulnerable," Cox said. "This was not protecting the vulnerable."

Police say on July 26, Miftari and his partner John Schueler responded to the St. Anne Institute for a female assaulting a staff member and breaking items. After arriving, the pair made a police report, then, per school protocol, placed the girl into a room with video surveillance.

"Officer Miftari enters the room and engages the 15-year-old female in a physical confrontation, grabbing her and pushing her," Cox said.

The chief says 30 seconds later, after leaving the room, Miftari is seen on video entering again when court documents say he grabbed her by the jaw, pushed her against the wall, then threw her against the ground.

"He holds her there for a time period of 30 seconds, then lets her get back up. They have a discussion and he leaves the room," Cox said.

This all occurred while Miftari's partner and three staff members watched. The chief says on August 4, the school notified police of the incident.

Miftari turned himself in and was arraigned Wednesday on charges of endangering the welfare of a child and second degree harassment.

"There was no reason for that use of force to happen," Cox said. "This was not during an arrest."

Schueler is currently placed on administrative duty, because the chief says he didn't stop Miftari.

"He did not commit a crime," Cox said. "I expect our officers to step in and stop something if they see something happening."

The girl, he says, is shaken up but is doing OK.

Both officers, the chief says, went against what police are trained to do.

"The officer has a good record here," Cox said. "He is certainly described as a fair officer, but this is unacceptable."

Cox added he will not be releasing the video, because he does not want to put the girl through any more trauma. Miftari is due back in court on September 14.

[Andrea]

SBI: Deaf driver killed in trooper-involved shooting

http://www.wsoctv.com/news/local/authorities-respond-to-reported-shooting-in-northeast-charlotte/426029600

A state trooper shot and killed a man Thursday night following a chase that began on Interstate 485 and ended in a northeast Charlotte neighborhood, the Highway Patrol confirmed to Channel 9.

The man that was shot and killed was hearing impaired, police said. The family confirmed to Channel 9 that he was deaf.

Family members told Channel 9 that the man is 29-year-old Daniel Harris.

Officials said that around 6:15 p.m., the trooper tried to pull over a Volvo that was speeding on the interstate near mile marker 30, but the 29-year-old driver would not stop.

The man then led authorities on a brief pursuit, exiting onto Rocky River Road and turning onto Seven Oaks Drive.

Harris must have seen the blue lights behind him as two troopers followed him for 6 miles on I-485, authorities said.

When they reached the off ramp at Rocky River Road, the SBI said troopers deliberately bumped his car trying to get him to stop, but Harris kept going.

The Highway Patrol said a confrontation followed, and that was when Trooper Jermaine Saunders fired the fatal shot.

Residents who saw Harris after the shooting said they did not see a weapon on or near him, and the State Bureau of Investigation confirmed Friday they had not recovered one.

Some residents in the neighborhood where the shooting happened think that Harris didn't stop right away because he was deaf.

The SBI said they are still collecting evidence from the scene, including video from the troopers in car cameras.

The Highway Patrol said Saunders is on administrative leave while the investigation is ongoing.

[Andrea]

Video shows LAPD officer kicking and punching in controversial South L.A. arrest

http://www.latimes.com/local/lanow/la-me-ln-lapd-video-20160822-snap-story.html

The video shows a Los Angeles police officer rushing toward the middle of the South L.A. street where two officers were holding a man on the ground.

Officer Richard Garcia swings his right leg and kicks the man hard near his head. Over the next 10 seconds, the video shows Garcia knee the man in the back, and elbow and punch him in the head.

As the other officers stand up and move away, Garcia presses his knee into the man’s back for more than two minutes, stopping only when other officers come to help pick up the handcuffed man and drag him toward a patrol car.

For nearly two years, the video of the October 2014 arrest has been repeatedly cited by L.A. Police Department officials and prosecutors as they denounced Garcia’s actions, sought discipline against him and charged him with felony assault. But the department refused to make the recording public, even after prosecutors agreed in May to a controversial plea deal that spared Garcia jail time.

The Times, however, obtained a three-minute recording of the arrest under an order from an L.A. County Superior Court judge. The video had been introduced as evidence in the criminal case against Garcia.

Clinton Alford Jr.’s arrest mirrored similar video-recorded encounters between African Americans and officers across the country that have prompted heated criticism. Whether to release such recordings has become a crucial issue amid the ongoing national debate over race and policing, particularly as departments add more cameras on officers’ uniforms and in their patrol cars as a way to build public trust.

The LAPD generally does not make those recordings public, a position that has been criticized as the department deploys thousands of body cameras to officers across the city. Chief Charlie Beck, who sharply condemned Garcia’s actions, has said releasing the videos outside of court could jeopardize criminal and disciplinary investigations, and could violate the privacy of people caught on camera.

The video of Alford’s arrest was captured by a security camera at a nearby factory and has been a key piece of evidence against Garcia.

The officer told LAPD investigators that he kicked Alford in the shoulder and used other force to help control him as he resisted police. His attorney also defended his client’s actions, saying he used a reasonable level of force and never should have been prosecuted.
From the get-go, Mr. Alford — you can see in the video — does not threaten the officers in any way, shape or form. — Deputy Dist. Atty. Oscar Plascencia

At a preliminary hearing in December, attorney Robert Rico argued that one of Alford’s hands was under his body and that he “still posed a threat” to the officers, according to court transcripts.

The prosecutor, however, disagreed.

“From the get-go, Mr. Alford — you can see in the video — does not threaten the officers in any way, shape or form,” Deputy Dist. Atty. Oscar Plascencia told the judge.

Alford’s hands are obscured during about half of the video by the two officers who held him down, including during the initial moments when Garcia strikes him. After the other officers move away, Alford barely moves his body as Garcia presses his knee into Alford’s back. At one point, the officer pushes his other knee on top of Alford near the man’s neck.

Garcia is the only officer seen on the video punching, elbowing or slamming into Alford. The recording shows another officer later kick at Alford’s legs to separate them, then stand on Alford’s ankles — a move Beck also criticized.

A woman who worked at the factory where the camera was mounted testified in court that she was alarmed by what she saw that day. Citlali Alvarado was inside the building, near a monitor showing the recording, when police lights caught her eye.

Alvarado said she watched as the officer kicked and elbowed the man on the ground.

“I didn’t think it was a proper action,” she said. “The victim was already held down.”

Soon after, a handful of officers came into the factory and asked whether there were any cameras, Alvarado testified. She led them to the monitor and showed them the video.

Two of the officers laughed as they watched, Alvarado said. The group then left.

Later, Alvarado said, another officer came to the business and asked her to play the recording. Alvarado obliged. At one point, she said, she glanced behind her and noticed the officer recording the video on his cellphone.

When asked who the officer was, Alvarado identified Garcia, who was sitting in court.

Garcia faced up to three years in jail if convicted of the felony assault charge. Earlier this year, prosecutors quietly agreed to a deal that allowed him to plead no contest and avoid jail time if he completes community service, follows all laws, stays away from Alford and donates $500 to a charity by late May 2017.

Under the agreement, Garcia, 35, would be allowed to enter a new plea to a misdemeanor charge that would replace the felony and would be placed on two years of probation. If he violates the plea terms, the felony will stand and he will be placed on three years of probation. If he doesn’t appear in court for the 2017 hearing, he could be sentenced to jail.

Some have criticized the move as too lenient. Dist. Atty. Jackie Lacey defended the agreement, telling The Times earlier this month that she felt the deal was appropriate given the evidence examined by prosecutors. She declined to explain the reasons for the plea but cautioned that video “doesn’t tell the whole story sometimes.”

Lacey also declined to say whether pending criminal charges filed against Alford influenced her office’s decision. Court records show that Alford, 24, faces charges including pimping, rape and assault with a deadly weapon. He has pleaded not guilty and remains in custody.

Assault cases against on-duty law enforcement officers often prove difficult for prosecutors, not least because the law generally gives police wide latitude to use force. In December, a jury acquitted an LAPD officer accused of using excessive force when he repeatedly struck a man with a baton while detaining him near Staples Center in 2012.

But former LAPD Officer Mary O’Callaghan served about 7 ½ months in jail after a jury convicted her last year of assault under color of authority. Prosecutors accused her of kicking a woman in the crotch during an arrest in South L.A. The victim, whose assault was captured on a patrol car camera, later died.

Law enforcement officers charged with felony assault often avoided jail time when they negotiated plea deals with the district attorney’s office rather than risk a trial, according to a Times review of court and district attorney records.

In 2013, for example, Sheriff’s Deputy Matthew John Funicello was sentenced to three years of probation and ordered to undergo counseling after he pleaded no contest to a misdemeanor count of assault under color of authority. Funicello, who was originally charged with a felony, had been accused of punching a 19-year-old man several times in the face and body while taking him to a downtown jail.

Garcia, who has been with the department for about a decade, is awaiting what is known as a Board of Rights hearing, his attorney said earlier this month. During such hearings, a three-person panel decides disciplinary cases for officers who usually face termination or lengthy suspensions.

The events leading up to the assault charge against Garcia began shortly after noon on Oct. 16, 2014. In an earlier interview with The Times, Alford said he was riding his bicycle along Avalon Boulevard when a car pulled up and a man yelled at him to stop. Someone grabbed the back of his bike, he said, so he jumped off and ran.

Authorities later said police were investigating a robbery and that Alford matched the description of the suspect.

After a short chase, two police officers caught up to Alford. The video shows one officer swinging his baton at Alford, who ducks and moves to the ground. Alford gets on his stomach, spreads his arms out and starts to move them behind his back as the officers grab his hands to cuff them.

Then a police car rushes up. The video shows Garcia getting out of the driver’s seat and running directly toward Alford before delivering the blows.

Beck previously said he was shocked when he saw the video and personally contacted Lacey to seek criminal charges.

Garcia and another officer involved in the arrest told investigators that Alford refused their orders and resisted after he was on the ground, according to a report from Beck made public last fall. Garcia said he punched and elbowed Alford to “cause Alford discomfort” and later used his knee to hit him because he thought Alford was reaching toward his shorts for a weapon.

After viewing the video, Beck concluded the officer’s actions were not reasonable “given Alford’s limited and unapparent resistance,” his report said. The chief and the civilian Police Commission determined Garcia violated department rules during the arrest. Seven months later, prosecutors charged him with assault.

At the time, Beck told reporters that he understood the public interest in the video but insisted that releasing the recording could jeopardize the criminal case against Garcia. After the officer agreed to his plea deal with prosecutors, The Times requested a copy of the recording under the California Public Records Act.

Last week, the LAPD denied that petition, saying it considered the video an investigative record exempt from disclosure. A day later, Superior Court Judge William N. Sterling granted The Times’ request for the video.

[Andrea]

FIRST ON 7: Newark officers with guns chase young boy in mistaken identity case

http://abc7ny.com/1480080/

There is no denying that 10-year-old Legend Preston is big for his age. The shy fifth-grader who loves math was shaken to the core when Newark officers with their guns drawn allegedly chased him down an alley because they thought he was a suspect in an armed robbery.

"Some police started coming this way with guns pointed at me, and then I ran into the backyard," Legend says.

Just before that, Legend was shooting hoops at a basketball court when the ball rolled into the street. Legend ran after it, and thought the officers were chasing after him for running into the street without looking.

"I ran because they thought that I rolled the ball into the street on purpose, and they were just holding shot guns at me trying to shoot me," Legend adds.

The Newark Police say they did have their guns out but never pointed them at the 10-year-old while they were in the alley. Witnesses intervened, telling the officers the person they detained was a child.

"He's only 10 years old, how you all chasing him? He's only a kid. I'm like, 'that's messed up'," said Jackie Kelly.

Legend's mom was in the house when the incident happened, and knows the matter could have ended tragically. She posted a video of a 'petrified' Legend on her Facebook page.

"These policemen who had guns drawn on my child are still on these streets," said Patisha Preston.

Police say they caught 20-year-old Casey Joseph Robinson in the chase. Robinson was charged with armed robbery. There may be some similarities between the two, but there is no doubting legend is a kid.

[Andrea]

No charges for New Jersey cop in slaying of black man with hands up

http://www.reuters.com/article/us-new-jersey-police-idUSKCN10Y04A?feedType=RSS&feedName=domesticNews&u tm_medium=Social&utm_source=Twitter

Federal prosecutors on Monday declined to bring criminal charges against a police officer in New Jersey who fatally shot a black man as he exited a car with his hands raised during a routine traffic stop.

The December 2014 slaying of Jerame Reid in Bridgeton prompted protests in the city similar to demonstrations that have been held across the United States in response to a series of fatal police shootings of unarmed black men.

Reid was killed by Bridgeton Police Officer Braheme Days after the driver of the car in which Reid was riding was pulled over on suspicion of ignoring a stop sign, according to the U.S. Attorney's Office for the District of New Jersey.

Reid was unarmed, the attorney's office said.

"Viewing the evidence as whole, the government determined that federal charges are not warranted," U.S. Attorney Paul Fishman said in a statement.

The charging decision follows a $1.5 million tentative settlement agreement Reid's family reached about a month ago with the city of Bridgeton and the officers.

A grand jury in Cumberland County last year declined to file charges against the officers, local media reported.

Video of the incident shows Days approaching the parked car on Reid's side. "Hey, how are you all doing?" he says before asking why they had not stopped at a stop sign.

Within a few seconds, Days pulls out his gun and tells his patrol partner, Roger Worley, who is white, that there is a gun in the glove compartment.

"Don't you fucking move. I'm going to shoot you," Days said.

He also shouted at Worley to get the men out of the car.

The video shows Days reaching into the car and removing what appears to be a gun and dropping it to the ground. Days repeatedly orders the men not to move and show their hands.

Moments later, Days shouts: "He's reaching! He's reaching!"

Days steps back from the car, and Reid emerges with his hands up around shoulder height.

Almost instantly, both police officers shoot at him. At least six shots can be heard as Reid falls to the ground.

Although Worley also fired his weapon, only the shots fired by Days struck Reid, the U.S. Attorney's Office said.

A lawyer for the family did not immediately respond to a request for comment, nor did the Bridgeton Police Department.