Post by KC on Jul 1, 2006 19:53:57 GMT -5
July 01, 2006 - LORAIN -- An internal investigation into a citizen's complaint has revealed a Lorain police officer had ''no lawful reason to use a Taser'' on a man arrested on a warrant, according to Lorain Capt. Robert Davey.
Officers Dan Bozsoki, who is accused of wrongfully using the Taser, and Stanley Marrero will face police Chief Cel Rivera on Friday for a predisciplinary hearing involving departmental charges filed by Davey, according to the attorney for the Fraternal Order of Police Lodge 3.
''This was just a egregious mistake made by an officer who has only been on the force for 14 or 15 months,'' said attorney Robert Phillips, who will represent Bozsoki and Marrero in the hearing. ''He never intended to harm Mr. Santiago.''
The investigation stemmed from the arrest of Kalian Santiago, 23, of Lorain. Santiago was allegedly ''dry-stunned'' in an unprovoked action by Bozsok using a Taser that had prongs removed before it was fired, according to Davey.
''We conducted an investigation into a formal citizen's complaint,'' Davey said. ''The complaint stated Santiago had been Tasered in the leg for no reason after being arrested on a warrant, handcuffed and placed in the back seat of the cruiser.''
Phillips said Bozsoki was trying to ''spook'' Santiago when he accidentally bumped his right thigh with the Taser.
''He got excited and made a mistake,'' Phillips said. ''It was dark in the back of the cruiser. It scared (Bozsoki) as much as it scared Santiago.''
Phillips said Bozsoki is a good officer who doesn't have a ''malevolent bone in his body.'' Phillips said everyone makes mistakes, and he expects Bozsoki to get a stiff consequence for his actions.
Although it is not against the use-of-force rules to Taser someone who is handcuffed, investigating officer Lt. Steve Schmittle said there was ''no lawful reason to use the Taser'' in this case.
Schmittle and Davey concluded the Bozsoki and Marrero, who is a veteran of 10 years, were in violation of several rules of conduct, and they were subsequently charged internally, Davey said.
Rivera declined to comment on the situation until the hearing was over.
Bozsoki was charged with failure to be truthful during an investigation, using unnecessary violence toward a prisoner in his custody and a violation of the department's use-of-force policy.
Neither officer completed a use-of-force form, which is procedure any time a Taser is deployed, Davey said.
Marrero, who made the arrest with Bozsoki, was charged with failure to notify a supervisor of the incident and failure to be truthful during an investigation.
Phillips said he was surprised Marrero is facing discipline.
''He really had nothing to do with it,'' he said. ''He was 20 to 30 yards away when he heard the yelp, and when he saw what happened he chastised Bozsoki for his carelessness.''
The officers could face anywhere from a reprimand to being terminated, Davey said. If they receive more than a three-day suspension, Safety-Service Director Craig Miller will become involved.
''Since it is still at the police chief step, I am not aware of all the details, nor has either officer been found guilty,'' Miller said.
Both officers will remain on duty until the predisciplinary hearing.
The officers arrested Santiago on a warrant on May 1 after following up on a complaint filed against him on April 30. The initial complaint alleged that Santiago had threatened physical harm to another man. While addressing the complaint, the officers found Santiago had an active warrant from Sheffield Lake.
Santiago was made aware of the investigation and its outcome and has the option of filing further charges against the police department in federal or common pleas court for violation of his constitutional rights, Davey said.
Officers Dan Bozsoki, who is accused of wrongfully using the Taser, and Stanley Marrero will face police Chief Cel Rivera on Friday for a predisciplinary hearing involving departmental charges filed by Davey, according to the attorney for the Fraternal Order of Police Lodge 3.
''This was just a egregious mistake made by an officer who has only been on the force for 14 or 15 months,'' said attorney Robert Phillips, who will represent Bozsoki and Marrero in the hearing. ''He never intended to harm Mr. Santiago.''
The investigation stemmed from the arrest of Kalian Santiago, 23, of Lorain. Santiago was allegedly ''dry-stunned'' in an unprovoked action by Bozsok using a Taser that had prongs removed before it was fired, according to Davey.
''We conducted an investigation into a formal citizen's complaint,'' Davey said. ''The complaint stated Santiago had been Tasered in the leg for no reason after being arrested on a warrant, handcuffed and placed in the back seat of the cruiser.''
Phillips said Bozsoki was trying to ''spook'' Santiago when he accidentally bumped his right thigh with the Taser.
''He got excited and made a mistake,'' Phillips said. ''It was dark in the back of the cruiser. It scared (Bozsoki) as much as it scared Santiago.''
Phillips said Bozsoki is a good officer who doesn't have a ''malevolent bone in his body.'' Phillips said everyone makes mistakes, and he expects Bozsoki to get a stiff consequence for his actions.
Although it is not against the use-of-force rules to Taser someone who is handcuffed, investigating officer Lt. Steve Schmittle said there was ''no lawful reason to use the Taser'' in this case.
Schmittle and Davey concluded the Bozsoki and Marrero, who is a veteran of 10 years, were in violation of several rules of conduct, and they were subsequently charged internally, Davey said.
Rivera declined to comment on the situation until the hearing was over.
Bozsoki was charged with failure to be truthful during an investigation, using unnecessary violence toward a prisoner in his custody and a violation of the department's use-of-force policy.
Neither officer completed a use-of-force form, which is procedure any time a Taser is deployed, Davey said.
Marrero, who made the arrest with Bozsoki, was charged with failure to notify a supervisor of the incident and failure to be truthful during an investigation.
Phillips said he was surprised Marrero is facing discipline.
''He really had nothing to do with it,'' he said. ''He was 20 to 30 yards away when he heard the yelp, and when he saw what happened he chastised Bozsoki for his carelessness.''
The officers could face anywhere from a reprimand to being terminated, Davey said. If they receive more than a three-day suspension, Safety-Service Director Craig Miller will become involved.
''Since it is still at the police chief step, I am not aware of all the details, nor has either officer been found guilty,'' Miller said.
Both officers will remain on duty until the predisciplinary hearing.
The officers arrested Santiago on a warrant on May 1 after following up on a complaint filed against him on April 30. The initial complaint alleged that Santiago had threatened physical harm to another man. While addressing the complaint, the officers found Santiago had an active warrant from Sheffield Lake.
Santiago was made aware of the investigation and its outcome and has the option of filing further charges against the police department in federal or common pleas court for violation of his constitutional rights, Davey said.