Post by Critique on Jan 10, 2007 14:24:09 GMT -5
09/09/2006
JENNIFER BRACKEN
LORAIN -- Police Chief Cel Rivera has recommended the firing of an officer accused of using a stun gun on an unarmed, handcuffed Lorain man in the back of a cruiser in May.
Rivera wrote that Patrolman Daniel Bozsoki's employment with the Lorain Police Department be ended immediately, according to a recommendation submitted to the Safety-Service Department. Bozsoki used a Taser stun gun on Kalian Santiago, who was handcuffed in the back seat of a cruiser after being arrested on a warrant on May 1.
Bozsoki was represented by FOP Lodge 3 attorney Robert Phillips, who said Bozsoki ''could have used better judgment and is sorry for any embarrassment or inconvenience caused to the Lorain Police Department,'' the recommendation stated. Phillips maintained that Bozsoki is a young officer; he has been on the force just more than a year and he would be able to prove his worth over time.
Rivera reported after an internal investigation that Bozsoki used unnecessary violence. After Santiago was Tasered, Bozsoki did not report the incident to his supervisor, nor did he fill out a mandatory ''use of force form,'' the report stated.
During the investigation, Bozsoki was not truthful, according to Rivera. It wasn't until after three separate interviews that Bozsoki admitted he used the Taser to ''check Santiago'' and to ''show Santiago that he meant business,'' the report said. He also later admitted Santiago was calm during that incident.
''Patrolman Bozsoki committed more than an error in judgment,'' Rivera wrote. ''These are serious violations of departmental policy that rise to the level of gross misconduct.''
Bozsoki was placed on paid administrative leave pending a decision from the Safety-Service Department.
Meanwhile, Officer Stanley Marrero also was investigated because he was present and failed to report the incident, according to past reports. Marrero also appeared before Rivera, however a recommendation has not been submitted to the Safety-Service Department.
In a separate case, Sgt. James Wolford was suspended for 10 days after an internal investigation into allegations that he used profane language when referring to Lorain Municipal Court Judge Mark Mihok.
Wolford told Rivera that he was upset when he was told a hearing had been canceled after arriving at Lorain Municipal Court, according to the report. Wolford, who was also represented by Phillips, further explained the conversation was privileged communication between the officer and his attorney.
Rivera found that Wolford violated two departmental rules: ''No officer shall engage in any personal conduct or act which, if brought to the attention of the public, could result in justified unfavorable criticism of the officer or the department'' and ''No officer shall use loud, indecent, profane or harsh language in the presence of the public.''
In the recommendation, Rivera noted that Wolford has had a career filled with conflict with other officers, supervisors and other public entities.
''Although contractually these incidents cannot be considered for purposes of discipline, it certainly raises serious concerns relative to his ability to control his temper and his capacity to perform his duties in a calm, objective and professional manner,'' Rivera wrote.
He recommended Wolford be ordered to complete an anger management program as selected and paid for by the city of Lorain and serve a 10-day suspension without pay. Rivera said Wolford had a similar infraction on Feb. 19, 2005, when he referred to a citizen as an ''idiot'' over the police radio. He received a letter of reprimand from Lorain Capt. Russ Cambarare for the incident.
Rivera declined to comment on the recommendations.
Chief Deputy Safety-Service Director Michael Kobylka will meet with the two officers and their attorney for a disciplinary hearing. He has not set a date yet.
''The reports are pretty straightforward,'' Kobylka said. ''They are incredibly serious incidences and this office will take the chief's recommendation into consideration during the disciplinary hearings.''
www.morningjournal.com/site/printerFriendly.cfm?brd=1699&dept_id=46371&newsid=17172681
JENNIFER BRACKEN
LORAIN -- Police Chief Cel Rivera has recommended the firing of an officer accused of using a stun gun on an unarmed, handcuffed Lorain man in the back of a cruiser in May.
Rivera wrote that Patrolman Daniel Bozsoki's employment with the Lorain Police Department be ended immediately, according to a recommendation submitted to the Safety-Service Department. Bozsoki used a Taser stun gun on Kalian Santiago, who was handcuffed in the back seat of a cruiser after being arrested on a warrant on May 1.
Bozsoki was represented by FOP Lodge 3 attorney Robert Phillips, who said Bozsoki ''could have used better judgment and is sorry for any embarrassment or inconvenience caused to the Lorain Police Department,'' the recommendation stated. Phillips maintained that Bozsoki is a young officer; he has been on the force just more than a year and he would be able to prove his worth over time.
Rivera reported after an internal investigation that Bozsoki used unnecessary violence. After Santiago was Tasered, Bozsoki did not report the incident to his supervisor, nor did he fill out a mandatory ''use of force form,'' the report stated.
During the investigation, Bozsoki was not truthful, according to Rivera. It wasn't until after three separate interviews that Bozsoki admitted he used the Taser to ''check Santiago'' and to ''show Santiago that he meant business,'' the report said. He also later admitted Santiago was calm during that incident.
''Patrolman Bozsoki committed more than an error in judgment,'' Rivera wrote. ''These are serious violations of departmental policy that rise to the level of gross misconduct.''
Bozsoki was placed on paid administrative leave pending a decision from the Safety-Service Department.
Meanwhile, Officer Stanley Marrero also was investigated because he was present and failed to report the incident, according to past reports. Marrero also appeared before Rivera, however a recommendation has not been submitted to the Safety-Service Department.
In a separate case, Sgt. James Wolford was suspended for 10 days after an internal investigation into allegations that he used profane language when referring to Lorain Municipal Court Judge Mark Mihok.
Wolford told Rivera that he was upset when he was told a hearing had been canceled after arriving at Lorain Municipal Court, according to the report. Wolford, who was also represented by Phillips, further explained the conversation was privileged communication between the officer and his attorney.
Rivera found that Wolford violated two departmental rules: ''No officer shall engage in any personal conduct or act which, if brought to the attention of the public, could result in justified unfavorable criticism of the officer or the department'' and ''No officer shall use loud, indecent, profane or harsh language in the presence of the public.''
In the recommendation, Rivera noted that Wolford has had a career filled with conflict with other officers, supervisors and other public entities.
''Although contractually these incidents cannot be considered for purposes of discipline, it certainly raises serious concerns relative to his ability to control his temper and his capacity to perform his duties in a calm, objective and professional manner,'' Rivera wrote.
He recommended Wolford be ordered to complete an anger management program as selected and paid for by the city of Lorain and serve a 10-day suspension without pay. Rivera said Wolford had a similar infraction on Feb. 19, 2005, when he referred to a citizen as an ''idiot'' over the police radio. He received a letter of reprimand from Lorain Capt. Russ Cambarare for the incident.
Rivera declined to comment on the recommendations.
Chief Deputy Safety-Service Director Michael Kobylka will meet with the two officers and their attorney for a disciplinary hearing. He has not set a date yet.
''The reports are pretty straightforward,'' Kobylka said. ''They are incredibly serious incidences and this office will take the chief's recommendation into consideration during the disciplinary hearings.''
www.morningjournal.com/site/printerFriendly.cfm?brd=1699&dept_id=46371&newsid=17172681