Deaths and Injuries in Police Custody

[Andrea]

Athens woman sues Athens-Clarke County, Clarke sheriff over son's jailhouse death

http://onlineathens.com/mobile/2016-01-25/athens-woman-sues-athens-clarke-county-clarke-sheriff-over-sons-jailhouse-death

An Athens woman has filed a wrongful death lawsuit against Athens-Clarke County, Sheriff Ira Edwards and several of his deputies for the death of her son at the Clarke County Jail in 2013.

Tiffany Cooper alleges in the lawsuit that jail officials repeatedly ignored requests by her 22-year-old son to be taken to the infirmary for chest pain, shortness of breath, dizziness and other symptoms he was experiencing prior to being found dead in his cell.

An autopsy found no signs of foul play in the death of Marcus Sanchez Cooper, or any drugs or alcohol in his system, and indicated he died of “possible arrhythmia,” according to the lawsuit.

The county and sheriff were aware of at least two previous cases of prisoners dying after being denied medical attention for cardiac-related complaints, yet still failed to provide adequate medical care for prisoners at the jail, the lawsuit alleges.

“The failure to properly train and supervise jail personnel in the proper procedures in dealing with medical complaints show a deliberate and conscious indifference...to the constitutionally mandated requirement that incarcerated individuals receive appropriate medical case,” the lawsuit states.

At the time of his death, Cooper was in jail because he was arrested for a non-violent probation violation, having tested positive for marijuana. On the evening of Dec. 19, 2013, he “continuously pled with the on duty deputy sheriff/prison guards to be taken to the Athens-Clarke County Jail infirmary located at the jail,” the lawsuit states. “The guards refused to honor Cooper’s requests.”

Those requests allegedly were witnessed by several other prisoners, as they were made by Cooper to deputies Michael Davis and Richard Lowery, who are personally named as defendants in the lawsuit, as well as unknown deputies who are identified in the lawsuit as John Does 1-10.

“All such requests for a visit to the jail infirmary made by Cooper...were ignored by all the aforementioned guards,” the lawsuit alleges.

After Cooper returned to his cell from having breakfast at about 10:30 a.m. on Dec. 21, 2013, Cooper was seen lying on his bed in the same position and unmoving, the lawsuit states. While dinner was being served some seven hours later, at 5:30, several prisoners asked Davis to check on Cooper, but the deputy “refused to at first.”
Cooper’s cell mate then “proceeded to go into the cell to wake up Cooper and found Cooper to be unresponsive, cold and stiff,” the lawsuit states. The cell mate then alerted the deputy, and “only at that time did Prison Guard Michael Davis proceed to check on Cooper,” according to the lawsuit.

The jail nurse who responded to the cell determined Cooper, based on rigor mortis, had been dead for six to eight hours, the lawsuit states.

During a subsequent coroner’s inquest, the nurse testified she was not aware of Cooper’s complaints that he was feeling ill, which “lends credence to the fact that Cooper’s request for medical intervention went ignored by the guards,” the lawsuit alleges.

“Over a period of two days prior to his death, Cooper complained to guards in front of witnesses that he was having chest pains, shortness of breath and symptoms that would justify a trip to the jail infirmary at the very least,” the lawsuit states.

[Andrea]

Family says dad who died at Durham County Jail was ‘neglected’

http://wncn.com/2016/01/26/family-says-dad-who-died-at-durham-county-jail-was-neglected/

Canady said McCain, age 29, complained from jail he wasn’t getting necessary medication to treat his diabetes and epilepsy.

[Andrea]

Ex-Marion deputy indicted in Tampa on civil rights charge after suspect's beating

http://www.tampabay.com/news/courts/criminal/ex-marion-deputy-indicted-in-tampa-on-civil-rights-charge-after-suspects/2262980

Suspect Derrick A. Price didn't spit, didn't kick, didn't threaten. He knelt and then lay on the pavement, hands outstretched, when arrested by sheriff's deputies in a community south of Ocala.

Then he was beaten.

"Stop resisting!" at least one deputy called out, as Price reacted to the blows.

Five ex-Marion County deputies now face possible prison terms. As they captured Price, video captured their conduct.

A federal grand jury in Tampa charged the last of the disgraced lawmen late Tuesday, accusing Jesse Alan Terrell, 33, of violating Price's civil rights.

Four of Terrell's former colleagues had already pleaded guilty to the crime after accepting plea agreements.

Price, 44, is black. The deputies are white.

Graphic video of the beating, which went on for at least 30 seconds, was made public for the first time on Wednesday, prompting Price's attorneys to release a statement asking for calm.

[Andrea]

Officer’s dashcam microphone ‘intentionally destroyed’ before Laquan McDonald shooting

http://www.rawstory.com/2016/01/officers-dashcam-microphone-intentionally-destroyed-before-laquan-mcdonald-shooting/

The microphone equipment for the dashboard camera in the cruiser in which Chicago police officer Jason Van Dyke was riding on the night he fatally shot 17-year-old Laquan McDonald had been “intentionally destroyed”, according to maintenance documents first acquired by DNAinfo .

The records, which include service requests on hundreds of Chicago police vehicles, show that officers have routinely been involved in the intentional destruction and sabotage of body worn microphones that sync with dashboard camera video.

After the video of the Laquan McDonald shooting was released in November, it was discovered that as much as 80% of the department’s dashcam footage was missing audio. This was determined to be due to technical failure, human error or in some cases, according to police spokesman Anthony Guglielmi, “intentional destruction”.

William Calloway, a Chicago-based activist who was instrumental in obtaining the release of the Laquan McDonald footage, said the logs proved a premeditated effort by officers to avoid transparency.

“They are intentionally sabotaging this audio equipment because in their mind, they’re going to do something wrong or reckless when they’re outside on the beat,” Calloway said.

He added that he was “absolutely not shocked or surprised about it at all”.

The records show that the dashcam in Van Dyke’s vehicle, 6412, was repaired on 17 June 2014, about three months after it was reported broken. The next day, the system was reported broken again. What technicians called “intentional damage” was not repaired until 8 October 2014, DNAinfo reported.

On 20 October, the dashcam (and one in another car) recorded Van Dyke’s fatal shooting of McDonald. The next month, technicians noted the missing audio in the car’s footage and suggested “it is apparent from the uploaded videos that personnel have failed to sync the mics”.

In November 2015, after the video emerged, Van Dyke was charged with homicide .

At least six other vehicle records show technicians noting that officers had not synced their microphones. Thirty service records show cases where either mics were not synced correctly or had been “intentionally defeated”.

More than 100 records show systems missing microphones, or having damaged systems with missing components like batteries and antennas.

Before the files were released, in December, Fraternal Order of Police president Dean Angelo scoffed at the idea that officers were intentionally disabling units.

“If they’re claiming officers are purposely breaking things, then where is the history of that? Are [officers] being written up? Does the department have documentation to back those claims up? I’d like to see it,” Angelo told DNAinfo.

In December, the Chicago Sun-Times reported that before the McDonald video was released, some officers threw their microphones on to a station roof, apparently in protest about having to be recorded. A sergeant who saw the incident reported it to Chicago’s Independent Police Review Authority.

The Chicago police department owns a long legacy of misconduct that includes torture scandals concerning Commander John Burge and Detective Richard Zuley, and the operation of the Homan Square “black site”.

The most recent scandal, over an apparent attempt to cover up the Laquan McDonald shooting, has resulted in a US Department of Justice investigation.

[Andrea]

Colorado Springs police officer allegedly choked, kicked suspect

http://gazette.com/colorado-springs-police-officer-allegedly-choked-kicked-suspect/article/1568797

A decorated Colorado Springs police veteran punched, kicked and choked a handcuffed man last month when a traffic crash investigation spun out of control, police said in an arrest affidavit.

Sgt. Steven Biscaro was arrested Wednesday on suspicion of menacing, a felony, and third-degree assault, a misdemeanor, in the Dec. 2 confrontation in northeast Colorado Springs.

According to Biscaro's arrest affidavit, Michael Ferguson, 43, was gasping for air, had bugged-out eyes and feared for his life before two El Paso County Sheriff deputies intervened to stop the policeman's attacks.

"I'm gonna kill you," the man said Biscaro threatened as he struggled to breathe and began to lose vision.
Related: Former deputy's murder trial scheduled for June

The deputies reported Biscaro to their supervisor, police spokeswoman Lt. Catherine Buckley said. Ferguson filed a separate complaint against the 23-year officer, she said.

Through his attorney, John Newsome, Biscaro denied investigators' request to interview him. Newsome, Thursday, said Biscaro "is entitled to the presumption of innocence and does contest and deny these charges."

Biscaro's arrest comes amid a national debate on police use of force, fanned by at least two recent deaths resulting from police choke holds, including that of Eric Garner, a New York man whose dying words - "I can't breathe" - became a rallying cry for police critics.

The encounter in Colorado Springs started with a traffic crash at Enchanted Circle North and Oro Blanco Drive, the affidavit said.

Sheriff's deputy Chad Dickson was interviewing Ferguson after the crash when Ferguson "became unruly," at one point throwing a rock at the other driver, the affidavit said. Later, Ferguson, already handcuffed with his hands behind his back, was placed in leg chains connected to a belt restraint after he smashed his head against a window, opening a "large gash" on his forehead, the report said.

Deputies said Ferguson was under control until Biscaro arrived and "tempers flared."

Dickson said Biscaro was "condescending" toward Ferguson. A second deputy, Steven Brown, described Biscaro as being "scolding" and "short," at one point shutting the door on a yelling Ferguson, the report said.

Ferguson, upset because Biscaro "kept interrupting him and wouldn't allow him to finish a sentence," started kicking the cruiser window, the affidavit said.

Brown said he was not worried about Ferguson breaking the glass because he was restrained and "could not get any force generated," the report said. Brown, according to the report, said Biscaro kicked Ferguson in the cruiser two or three times while Ferguson was trying to "shelter himself." Then Biscaro "yanked" Ferguson from the car, causing him to fall onto the pavement, the report said.

While Ferguson was on the ground, deputies said Biscaro put his knee on Ferguson's chest and started "choking" him, the affidavit said.

Brown "remembered 'very well' that he (Biscaro) had both of his hands around Ferguson's neck," the report said. Dickson described Biscaro "using both hands with his thumbs overlapped around Mr. Ferguson's throat."

One of the deputies "pushed" Biscaro's arms away as Ferguson gasped for air, taking short breaths and showing "round" eyes, the affidavit said.

Ferguson said Biscaro twice threatened to kill him during the attack. The affidavit doesn't specify whether Dickson or Brown heard the threats.

In his arrest report, Biscaro defended his actions, saying he put his hands on Ferguson's neck to keep him from spitting on him. Biscaro said he punched the handcuffed man in the back out of a fear the suspect might be able to reach a knife in the officer's pants.

Ferguson suffered "abrasions, lacerations and contusions," along the spine, left shoulder blade, elbows and neck, the report said.

Biscaro is on paid administrative leave.

[Andrea]

Suspect shot, killed by officers near Rancho Cordova Safeway

http://www.kcra.com/news/local-news/news-sacramento/officerinvolved-shooting-under-investigation-in-rancho-cordova/37786284#.VrGDZqOdUY8.facebook

Officials said the suspect threatened to kill himself with the knife.

The Sacramento County Sheriff's Department said the officers told the suspect to drop the knife, but the suspect refused. The officers then used a Taser on the suspect twice -- but he still refused to drop the knife.

The officers, fearing for their lives, shot the suspect, the Sacramento County Sheriff's Department said.

[Andrea]

Bayonne cop 'whacked' handcuffed man's face, knocked out 6 teeth, U.S. Attorney says

http://www.nj.com/hudson/index.ssf/2016/02/post_806.html?hootPostID=4e6ef128f61855a41755c82bd c41e260

The Bayonne police officer who pleaded guilty to hitting a handcuffed man in the face with a flashlight struck the prisoner so hard that he knocked out six teeth, U.S. Attorney Paul Fishman said on Saturday.

In a 10-minute speech in front of roughly 85 people at a community policing forum in Jersey City, Fishman cited the prosecution of the officer, Domenico Lillo, as one way federal law enforcement is working to improve community/police relations in the state.

In doing so, Fishman confirmed a detail mentioned in an ongoing lawsuit against the officer.

"My office just prosecuted a few months ago a cop named (Domenico) Lillo who's from Bayonne, just down Kennedy Boulevard, who had a prisoner who was handcuffed, not resisting, and whacked him in the face with a flashlight, knocking out six teeth," Fishman said.

Previously, federal authorities described what Lillo did in tamer terms, saying he struck the man "in the head with a flashlight while the individual was handcuffed and not resisting arrest, which resulted in bodily injury."

According to a lawsuit filed against Lillo before he was charged federally, Lillo struck Bayonne resident Brandon Walsh so hard that Walsh experienced "permanent injury and disfigurement," including losing almost all of his front teeth.

In response to the lawsuit, Lillo's attorney said his client only admitted to using excessive force to the degree to which he pleaded guilty to in the criminal case.

"Admitted only that Mr. Lillo's one-time contacting of Brandon Walsh with the flashlight constituted excessive force to the extent it is coextensive with the guilty plea entered in the parallel criminal matter," Lillo's attorney, Roshan D. Shah, wrote.

Attorneys in the police brutality lawsuit, which was filed by the Walsh family against Lillo and two other city police officers, are arguing over whether the case should be put on pause in light of Lillo pleading guilty to federal charges.

The suit claims city officers James Wade and Francis Styles "stood by and did nothing" while Lillo struck Walsh, an allegation that Wade and Styles have both denied.

An attorney representing the city of Bayonne and the Bayonne Police Department has said Lillo's recent guilty plea "begs the question" of whether Wade and Styles are under criminal investigation by federal authorities, and whether Lillo is cooperating with authorities as part of his guilty plea.

As such, the attorney said, the defendants are requesting holding off on the discovery phase until "the resolution of all ongoing or pending criminal investigations."

In an unrelated case, Lillo also pleaded guilty in September to illegally obtaining a $20,000 loan intended for low- to moderate-income residents. His wife, Rose Lillo, was also charged and is negotiating a plea agreement, according to court documents.