Tag: police accountability

Colorado Cops Falsely Arrested Him for a DUI. Now He’s Getting a $400,000 Settlement.

Harris Elias was driving home one night in January 2020 when he was pulled over by a Loveland, Colorado, police officer and falsely accused of driving drunk. Even after a breathalyzer test proved that he was sober, Elias was forced to take a blood test—which again proved his sobriety. 

After the arrest, Elias filed a lawsuit against the officer who arrested him. This week, the city of Loveland agreed to pay $400,000 to settle the case.

At around 10:30 p.m. on January 4, 2020, Elias was driving home from his girlfriend’s house when he was pulled over by Loveland police officer William Gates, who was part of a DUI-specific task force. Gates claimed that Elias failed to signal a lane change—a claim Elias disputes.

“Officer Gates regularly claims (falsely) that the drivers he arrests for DUI did not signal a lane change,” claimed Elias’ suit, which was filed in January 2022. “Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving.”

The lawsuit claims that Gates attempted to confuse Elias by asking him several questions extremely quickly, including “nearly simultaneously” asking Elias for his license and registration and how much he had drank that night. 

According to the complaint, Elias found the encounter unnerving, and after fulfilling his legal obligation to provide license and insurance, he informed Gates that he was using his right to remain silent and would not answer further questions. Gates replied, in an apparent attempt to create evidence that Elias was drunk, “Well, I smell the overwhelming odor of alcohol coming from your vehicle.” 

After Elias again refused to answer further questions, Gates returned to his patrol vehicle and called for additional officers. When two more police officers arrived, they eventually decided to arrest Elias and take him to the Loveland Police Station for a breathalyzer test.

Even though Elias’ breathalyzer test showed a 0.000 percent blood alcohol content level, Gates insisted that Elias must have been intoxicated and ordered him to take a blood test. According to the lawsuit, Elias requested an attorney at this point, but “Gates told him no, that he needed to agree to comply with a blood test now or he was going to mark him as a refusal and his license would be revoked.”

Elias eventually agreed to take the test. Nearly three months later, the results again came back negative, and the case against him was dismissed entirely. But this wasn’t the end of Elias’ troubles. Elias was a Federal Aviation Administration–licensed pilot, meaning that a false DUI arrest threatened his livelihood.

The FAA “has some of the most strict mandatory reporting requirements known to any agency. The penalty for failure to report can lead to an emergency revocation of all certificates (i.e., complete revocation of his pilot’s license),” the lawsuit reads, noting that this kicked off an incredibly stressful and complex process to report and explain his arrest. Even though the case was dropped, “Elias will have to report this wrongful arrest on every medical renewal with the FAA for the rest of his life.”

But some justice was served this week when the city of Loveland agreed to pay Elias a $400,000 settlement to end the lawsuit.

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Off-duty cop killed witness trying to assist police at scene of shooting who ‘did not present a threat of any kind’: DA

A 37-year-old police officer in Pennsylvania has been indicted by a grand jury for allegedly killing a 48-year-old “good Samaritan” who was attempting to help a shooting victim in a Walmart parking lot last year. Center Township Police Officer John J. Hawk, who was off-duty and dressed in plain clothes at the time of the incident, has been charged with one count each of involuntary manslaughter, aggravated assault, simple assault, reckless endangerment, and perjury in the death of Kenneth Vinyard, authorities announced.

According to the Pennsylvania Attorney General’s Office, Vinyard on the night of Nov. 6, 2022, was in the parking lot of a Beaver County Walmart when an individual was shot and the scene became “chaotic.” With the shooter still on the loose, Vinyard “made attempts to show a responding officer something on his telephone that he believed would assist them with the capture of the shooter.”

When Vinyard then interrupted an officer who was speaking to another witness, prosecutors say Hawk placed his hand on Vinyard’s arm and began to physically move him away.

“Vinyard disengaged from Hawk and told Hawk words to the effect of ‘take your hands off me’ but otherwise continued to move backward,” prosecutors wrote in the criminal complaint. “Vinyard did not act aggressively toward Hawk, not make any contact with him. Nevertheless, a few seconds later while the men were standing next to each other, Hawk struck Vinyard in the chest area and simultaneously executed a leg sweep technique which forced Vinyard to fall to the asphalt parking lot and hit his head, He died upon arrival at the hospital.”

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‘I’m sorry dude… I had to do that’: Horrifying moment cop shoots dead family’s beloved dog before grabbing it by the collar and tossing it on lawn

A New Mexico woman and her family have reached a settlement with the City of Texico after their beloved family dog Pepper was shot dead by the city’s police chief.

Beverly Bentley was at work on November 10, 2021, when Police Chief Douglas Bowman, a 16-year veteran of the force, paid her a visit to tell her that he shot her dog.

‘He said something about shooting my dog, and it took me a minute to figure out what he was talking about because he said he was being aggressive,’ Bentley said. ‘That dog is the least aggressive dog I have ever owned!’

The grim execution was caught on Ring video, where Bowman stood some distance away on the lawn, staring at the dog as it barked from the porch.

The officer glanced over his shoulder in both directions before pulling out his pistol and firing. Afterwards, he walked onto the porch and stood over Pepper’s body.

‘I’m sorry dude, but I had to do that,’ Bowman said.

Grabbing Pepper by the collar, he dragged the dog onto the lawn before retrieving a hose from the property and washing away its blood.

After seeing the footage of the incident, Bowman filed an incident report, writing that a man called the station saying ‘there is a damn dog that almost bit me.’

He arrived on the scene and saw Pepper, who matched the victim’s description, and said the dog began ‘barking and snarling.’

‘The victim then came up to me and told me that was the dog and that it had almost bit him and he was afraid the dog might bite someone else if something wasn’t done about him,’ Bowman wrote.

Pepper took off and Bowman trailed the dog to the home.

As Pepper allegedly continued to bark and snarl, Bowman wrote: ‘At this point, I did not want the dog to run away again and bite or harm someone. I made the decision to shoot the dog for my safety and the safety of anyone else in the community.’

Bentley insists that her beloved dog was not aggressive. 

‘That dog got me through a lot of hard times, and then all of a sudden, he was taken away,’ she said. ‘My mother was bedridden, and she would put her hand down, and he would let her pet him.’

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NYPD ACCUSED OF FABRICATING DOMESTIC VIOLENCE SURVIVOR’S MURDER CONFESSION

A WOMAN WHO was charged with murdering her husband in 2020 sued the New York City Police Department, alleging that police officers fabricated the confession that was the basis of the case against her. The federal civil rights lawsuit also alleges that the Manhattan District Attorney’s Office obtained a search warrant for an email account she created to draw attention to her case — and never disclosed it, as required by law. 

Prosecutors dropped their case against Tracy McCarter last December, citing insufficient evidence. In the lawsuit, which was filed on November 2 in the Southern District of New York, McCarter said she had “sustained serious physical and psychological harm as a result of being wrongfully arrested, charged, imprisoned, searched, and prosecuted.” 

The lawsuit names four NYPD officers who were involved with the arrest and one investigator from the Manhattan District Attorney’s Office who worked on the case. All four of the police officers have previously faced civilian complaints of misconduct, though such allegations are famously hard to prove. A spokesperson for the NYPD declined to comment on whether any of the officers are being investigated in relation to McCarter’s case, citing the pending litigation. The district attorney’s office declined to comment on the allegation involving the undisclosed search warrant. 

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NYPD PAID OUT $30 MILLION IN MISCONDUCT CASES BEFORE LITIGATION IN FIRST NINE MONTHS OF 2023

THE NEW YORK Police Department has been making headlines for the huge settlements paid out by the city in misconduct cases. In the first half of 2023, New York City paid more than $50 million in lawsuits alleging misconduct by members of the NYPD. 

That figure is on track to exceed $100 million by the end of the year — but even that total doesn’t capture how much the city has to spend in cases where its cops are accused of everything from causing car accidents to beating innocent people.

The $100 million figure does not include lawsuits settled by the city prior to litigation, which reached $30 million in the first nine months of this year, according to data obtained from the office of the New York City Comptroller through a public records request. Pre-litigation settlements from July 2022 through September of this year totaled $50 million — meaning the city’s payouts in such suits since July 2022, including those settled after litigation, rose to a total of around $280 million.

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FBI Arrests Miami Police Officer Accused Of Stealing Cash, Drugs During Traffic Stops

A Miami cop was arrested by the FBI after being accused of stealing drugs and money from suspects during traffic stops – some of whom turned out to be undercover agents, according to NBC Miami.

Frenel Cenat, 40, was arrested on Thursday on charges which include attempted Hobbs Act extortion, theft of government funds, and attempted possession with intent to distribute cocaine, according to the report, citing jail and court records.

Cenat, a Miami Police officer since September 2008, had worked for the property and evidence unit since 2020. After a confidential source tipped off the FBI to Cenat’s behavior – conducting traffic stops of people known to have just engaged in drug transactions, and then stealing the money or drugs they were transporting, they launched an investigation.

Cenat would use his official police vehicle to conduct the traffic stops and would be in his police uniform, the affidavit said.

Cenat was recorded on video and audio “coordinating schemes and conducting traffic stops of two individuals who he was told had just engaged in drug transactions, with the intention of stealing the money and/or drugs involved in those illegal transactions,” the affidavit said. –NBC Miami

 According to the affidavit, Cenat admitted that he would pull the schemes while off duty and outside his jurisdiction.

“On duty they (MPD) got computers on and can track you and s— like that…you know what I mean…ping your phone… what you are doing in this area,” he said, according to the affidavit. “You don’t wanna do that s— bro while you are on duty…If I work down there I will never f— down there bro.”

Cenat also described several prior incidents involving drug transactions in which he coerced individuals to give up their stash, money, or both in order to avoid going to jail.

In October, he discussed stopping a person who had just done a drug deal, from whom he stole $50,000 – saying “I just need bread now.”

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Suspect arrested in murder of Jewish synagogue leader Samantha Woll in Detroit was released because cops FAILED to file paperwork – including warrant for arrest

A suspect arrested in connection with the stabbing death of a prominent Jewish community leader was released after cops did not file the necessary paperwork, prosecutors have confirmed.

The revelation, offered this week by the Wayne County Prosecutor’s Office, comes almost a month after 40-year-old Samantha Woll was found stabbed to death outside her Detroit home, spurring an investigation that led to the suspect’s arrest.

On Friday, after being held for 72 hours, the suspect was released – days after the city’s police chief announced to reporters they had taken in a person of interest, without specifying what led to their arrest.

A dayslong interrogation ensued, culminating with the suspect being cut loose. The decision was reportedly made after the suspect made an ‘ambiguous’ statement to cops – one that sources told The Detroit News was not enough to warrant charges.

A warrant was never filed, and the Wayne County Prosecutor’s Office’s hands were tied. A spokesperson for the office confirmed the situation in a brief statement.

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Texas cancer survivor Vicki Baker whose home was destroyed by SWAT team using explosives, toxic gas and armored vehicles in pursuit of armed fugitive has her $60k compensation claim REJECTED

A cancer survivor has vowed to challenge an appeals court ruling stating that she is not entitled to a $60,000 payout after a SWAT team destroyed her home with explosives, toxic gas and armored vehicles while in pursuit of an armed fugitive. 

The 5th Circuit Court of Appeals ruled last month that it was necessary for police to use the measures to resolve a standoff at Vicki Baker’s home and that she should not be compensated for the damage – reversing an earlier decision in her favor by a federal judge. 

The nightmare began when a man who had worked on her property, Wesley Little, stormed into her home with a teenage girl he had kidnapped in July 2020. 

Baker was able to get out and call 911 to alert the police, and gave them the code to  access to the property in McKinney, Texas. But her home was practically demolished when the SWAT team later stormed in using ‘highly destructive tactics’.  

Lawyers from the Institute for Justice, who represent Baker, have now asked for another hearing and are prepared to take their demands for compensation to the Supreme Court. 

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He Was Strip-Searched and Jailed for Criticizing Cops. Now He’s Fighting Back in Court.

In July 2017, Louisiana woman Nanette Krentel was shot in the head and left in a burning house. More than two years passed before anyone was arrested. That person, however, wasn’t alleged to be the murderer. Rather, the sole arrest related to Krentel’s death was that of Jerry Rogers Jr. His crime: criticizing the St. Tammany Parish Sheriff’s Office (STPSO) for its slow investigation of the case, which remains unsolved.

Naturally, Rogers sued the department for violating his rights. In August, the U.S. Court of Appeals for the 5th Circuit ruled that his lawsuit against Sheriff Randy Smith, Chief Danny Culpeper, and Sgt. Keith Canizaro may proceed, confirming they violated clearly established law when they punished Rogers for his speech.

In 2019, the STPSO caught wind that Rogers had denounced the lead investigator, Detective Daniel Buckner, whom Rogers characterized in an email as “clueless.” To pore over his messages, the police obtained what was likely an illegal search warrant, as it listed the qualifying offense as “14:00000,” which does not exist.

Police then arrested, strip-searched, and detained Rogers. He was ultimately released on bond, and the Louisiana Department of Justice declined to prosecute the case. But the primary goal was likely retaliation by humiliation: Before Rogers was booked, the cops publicized a press release about his arrest. Canizaro testified that this was the only time he could remember the office following that order of operations. They also filed a formal complaint with Rogers’ employer, another action that Canizaro said the STPSO had never taken.

Lawyers with the district attorney’s office told police it would be unconstitutional to use Louisiana’s criminal defamation statute to arrest Rogers; the statutory language protecting public officials from criticism was rendered unconstitutional decades ago. Despite this warning from prosecutors, officers not only forged ahead with the arrest, they also sought qualified immunity when Rogers sued. This required them to attest that no reasonable officer could have known that what they were doing was unconstitutional.

The 5th Circuit rejected their argument, and its ruling buttresses the notion that victims are entitled to recourse when the government retaliates against their speech.

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U.S. Park Police officer unintentionally fatally shoots fellow officer at Virginia gathering

An off-duty U.S. Park Police officer unintentionally shot and killed another off-duty officer over the weekend in Virginia while pulling a trigger on a gun he thought was unloaded, police said.

Alexander Roy, 25, was charged with involuntary manslaughter for killing 22-year-old Jesse Brown Hernandez while they were at a gathering in an apartment in McLean, Virginia, about 10 miles west of Washington, D.C.

Police were called to the scene shortly after midnight on Sunday.

Two others, including another U.S. Park Police officer, were also at the gathering. Police said alcohol is believed to be a factor in the shooting. Roy is being held at the Fairfax County Adult Detention Center on no bond.

Hernandez was found dead with a gunshot wound to the upper body. The investigation is ongoing and the Fairfax County Police Department is asking anyone with information about the incident to contact them.

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