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Post by KC on Aug 17, 2006 23:10:41 GMT -5
August 18, 2006 - NISKAYUNA, N.Y. - A Niskayuna police officer who was arrested on a drunken driving charge two weeks ago has been suspended without pay. Officer Robert Werner, 40, of Scotia, drove off the road and into a ditch Aug. 5, state police said. Werner _ who wasn't injured _ was charged with driving while intoxicated and failure to stay in his lane. Niskayuna Police Chief Lou Moskowitz said in a written statement that the department was taking the allegations seriously. Werner has been a member of the Niskayuna police force for 15 years. He could not be reached for comment. www.newsday.com/news/local/wire/newyork/ny-bc-ny-brf--officer-dui0817aug17,0,3453964.story?coll=ny-region-apnewyork
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Post by KC on Aug 4, 2006 21:33:03 GMT -5
August 06, 2006 - Deputy Mark Avila, 32, a Round Rock resident employed by the Bell County Sheriff's Office, was arrested Friday after a 2:40 a.m. traffic stop for driving a vehicle with expired registration near Avila's home at 2100 Willowbend. The arresting officer noted indicators of intoxication and took Avila into custody after a series of field sobriety tests. An arrest affidavit reflected that Avila gave breath samples of .134 and .131. Avila was charged with driving while intoxicated, a misdemeanor carrying penalties of up to six months in jail, up to a $2,500 fine and possible suspension of his driver's license. The legal threshold for intoxication is .08. www.kxan.com/Global/story.asp?S=5241310&nav=0s3d
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Post by KC on Aug 4, 2006 21:33:03 GMT -5
August 06, 2006 - Deputy Mark Avila, 32, a Round Rock resident employed by the Bell County Sheriff's Office, was arrested Friday after a 2:40 a.m. traffic stop for driving a vehicle with expired registration near Avila's home at 2100 Willowbend. The arresting officer noted indicators of intoxication and took Avila into custody after a series of field sobriety tests. An arrest affidavit reflected that Avila gave breath samples of .134 and .131. Avila was charged with driving while intoxicated, a misdemeanor carrying penalties of up to six months in jail, up to a $2,500 fine and possible suspension of his driver's license. The legal threshold for intoxication is .08. www.kxan.com/Global/story.asp?S=5241310&nav=0s3d
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Post by KC on Aug 2, 2006 0:23:01 GMT -5
DUI charge against Chesapeake officer thrown out August 2, 2006 - CHESAPEAKE - A drunk driving charge against a city police officer was thrown out of court Tuesday - although prosecutors believed they had a strong enough case to warrant a conviction. Officer Michael "Greg" Rowe was facing a misdemeanor DUI charge after his arrest in the early hours of May 19 on Butts Station Road. Rowe was driving his 2004 Ford Expedition when it ran off the road and hit a tree. Rowe abandoned the vehicle, police said, and was found at his home. General District Court Judge Frederick Aucamp threw out the DUI case after the prosecution could not show exactly when the single-vehicle crash occurred. "If you don't know the time of the accident, how can the court find him under the influence?" argued Rowe's attorney, Hugh Black. Rowe, 46, of the 500 block of Corapeake Drive, had a blood-alcohol concentration of 0.08 the morning of his arrest, according to court records. Assistant Commonwealth's Attorney William Campbell, however, could not establish when the crash occurred or if Rowe was arrested within the required three hours of the accident. Despite that, prosecutors said Rowe should have been convicted based on his statements to police, certificate of blood-alcohol analysis, failed field sobriety test and the arresting officer's observations. "We're all in agreement that the evidence was sufficient," Campbell said. One of the prosecution witnesses, a police officer, failed to show for Tuesday's hearing. Campbell said he did not know why the officer did not show but said her testimony would not have been a factor. Campbell also was prohibited from introducing testimony about the crash time after Aucamp ruled that he had not shared the same evidence during discovery with Rowe's defense attorney. Campbell disagreed. Sgt. Jeff Carter testified he was dispatched to the crash scene at 12:44 a.m. and arrived to find Rowe's crashed SUV at 1:15 a.m. Rowe was no longer at the scene, Carter said. The officer, using a cell phone, contacted Rowe at his home and told him to return to the crash scene. The officer then drove to Rowe's home and picked him up. Rowe was waiting in the front yard, Carter testified. On the trip back to the crash site, Carter said he noticed a strong odor of alcohol from Rowe, who admitted being the driver at the time of the accident. Rowe failed field sobriety tests, Carter said. At 1:57 a.m., Carter arrested Rowe. "He apologized for the entire incident and said it was his fault," Carter testified. A breath analysis test at 3:17 a.m. showed Rowe had a blood-alcohol concentration of 0.08, according to court records. No other charges were filed against Rowe. He can not be prosecuted again on the drunk driving charge, Campbell said. Rowe works at the department's headquarters on Albemarle Drive. home.hamptonroads.com/stories/story.cfm?story=108485&ran=50379
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Post by KC on Aug 2, 2006 0:23:01 GMT -5
DUI charge against Chesapeake officer thrown out August 2, 2006 - CHESAPEAKE - A drunk driving charge against a city police officer was thrown out of court Tuesday - although prosecutors believed they had a strong enough case to warrant a conviction. Officer Michael "Greg" Rowe was facing a misdemeanor DUI charge after his arrest in the early hours of May 19 on Butts Station Road. Rowe was driving his 2004 Ford Expedition when it ran off the road and hit a tree. Rowe abandoned the vehicle, police said, and was found at his home. General District Court Judge Frederick Aucamp threw out the DUI case after the prosecution could not show exactly when the single-vehicle crash occurred. "If you don't know the time of the accident, how can the court find him under the influence?" argued Rowe's attorney, Hugh Black. Rowe, 46, of the 500 block of Corapeake Drive, had a blood-alcohol concentration of 0.08 the morning of his arrest, according to court records. Assistant Commonwealth's Attorney William Campbell, however, could not establish when the crash occurred or if Rowe was arrested within the required three hours of the accident. Despite that, prosecutors said Rowe should have been convicted based on his statements to police, certificate of blood-alcohol analysis, failed field sobriety test and the arresting officer's observations. "We're all in agreement that the evidence was sufficient," Campbell said. One of the prosecution witnesses, a police officer, failed to show for Tuesday's hearing. Campbell said he did not know why the officer did not show but said her testimony would not have been a factor. Campbell also was prohibited from introducing testimony about the crash time after Aucamp ruled that he had not shared the same evidence during discovery with Rowe's defense attorney. Campbell disagreed. Sgt. Jeff Carter testified he was dispatched to the crash scene at 12:44 a.m. and arrived to find Rowe's crashed SUV at 1:15 a.m. Rowe was no longer at the scene, Carter said. The officer, using a cell phone, contacted Rowe at his home and told him to return to the crash scene. The officer then drove to Rowe's home and picked him up. Rowe was waiting in the front yard, Carter testified. On the trip back to the crash site, Carter said he noticed a strong odor of alcohol from Rowe, who admitted being the driver at the time of the accident. Rowe failed field sobriety tests, Carter said. At 1:57 a.m., Carter arrested Rowe. "He apologized for the entire incident and said it was his fault," Carter testified. A breath analysis test at 3:17 a.m. showed Rowe had a blood-alcohol concentration of 0.08, according to court records. No other charges were filed against Rowe. He can not be prosecuted again on the drunk driving charge, Campbell said. Rowe works at the department's headquarters on Albemarle Drive. home.hamptonroads.com/stories/story.cfm?story=108485&ran=50379
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Post by KC on Apr 7, 2006 21:08:01 GMT -5
04/07/2006 - Thomas Nicoloff, 36, of 3510 Ashland Ave., was charged with two DUIs in less than two hours Tuesday night, according to Lorain police.
He was stopped at 10:41 p.m. at West 21st Street and Oakdale Avenue by a Lorain police officer who saw Nicoloff run a red light and fail to use a turn signal. Nicoloff also narrowly avoided being struck by a vehicle while trying to turn from Broadway to West 21st, according to a report.
After detecting a strong odor of ''intoxicating beverage'' the officer had Nicoloff perform several field sobriety tests, according to the report.
The officer reported the man's eyes were glassy and bloodshot and his speech was slurred and slow. Nicoloff told police he did not have any alcoholic beverages that night.
Nicoloff did not submit to a Breathalyzer test and was given a courtesy ride to his home, the report said. He was charged with driving under the influence and cited for a red light violation and failure to signal a turn. Police also discovered Nicoloff's license is currently under suspension for a drunken-driving conviction on March 16, according to court documents.
But that wasn't the last the officer saw of Nicoloff that night.
The same officer later saw him driving a 2003 Ford Mustang Cobra at 12:15 a.m. Wednesday, another report said. Nicoloff was clocked by the officer driving 62 mph on Leavitt Road. The posted speed limit is 40 mph.
As the officer pulled Nicoloff over for a second time, Nicoloff hit the curb, the report said. Nicoloff told the officer he ''had to run to the store.'' The officer still smelled the alcohol on him and asked him to complete more field sobriety tests.
Nicoloff took several new field sobriety tests; however, he did not pass. He refused a Breathalyzer again and he was charged with DUI and driving under OVI (operating a vehicle while intoxicated) suspension, and he was cited for speeding, a stop sign violation and expired license plates. The officer then gave Nicoloff another courtesy ride home.
Capt. Jim Drozdowski, director of corrections at the Lorain County Jail, said they primarily accept people who commit felonies, domestic violence or an act of violence because of the overcrowding. Drozdowski said people who are driven home after being stopped for a DUI don't feel the effects until they sober up. However, those who are thrown in jail feel the impact of their decisions much quicker.
''Does it have less of an effect when an officer drives them home -- sure,'' Drozdowski said. ''It has less of an impact absolutely.''
Other cities typically hold DUI suspects in a holding cell until they sober up or attempt to post bail and find a ride home, Drozdowski said. The city of Lorain currently does not have any holding cells. Once a person is convicted of a DUI and has a jail sentence to serve, they are taken to Lorain County Jail.
Lorain Municipal Court Judge Mark Mihok said he has never seen a case in which a single person got two DUIs in one night. He could not comment on Nicoloff's possible sentence because he only saw his charges and did not research his history yet. Nicoloff has secured an attorney and his pre-trial date has been set for April 25 at 2 p.m.
The municipal court has instituted SCRAM -- Secure Continuous Remote Alcohol Monitoring -- an electronic ankle bracelet that detects alcohol in a person's system, Mihok said. The results of the system are reported once a day to a probation officer.
Mihok said the bracelet would be a condition of bond for people who are required not to drink until the case is settled.
''It won't make anyone not drink or not drink and drive, but at least they'll know if they take a drink we'll know about it,'' Mihok said. ''Hopefully it will be enough of a deterrent. It's a better tool than we have now. ''
The bracelet does not replace a mandatory jail sentence, Mihok said. Several other courts have instituted SCAM as a condition of bond and it has been successful, Mihok said.
He said Nicoloff could be a candidate for SCRAM.
In 2005, Lorain police made 175 OVI arrests, according to Lorain police Capt. Russ Cambarare. Since January, the officers have made 127 OVI arrests.
''We have stepped up enforcement in this area to target impaired drivers,'' Cambarare said. ''We have one officer on every night shift looking specifically for impaired drivers.''
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Post by KC on Apr 7, 2006 21:08:01 GMT -5
04/07/2006 - Thomas Nicoloff, 36, of 3510 Ashland Ave., was charged with two DUIs in less than two hours Tuesday night, according to Lorain police.
He was stopped at 10:41 p.m. at West 21st Street and Oakdale Avenue by a Lorain police officer who saw Nicoloff run a red light and fail to use a turn signal. Nicoloff also narrowly avoided being struck by a vehicle while trying to turn from Broadway to West 21st, according to a report.
After detecting a strong odor of ''intoxicating beverage'' the officer had Nicoloff perform several field sobriety tests, according to the report.
The officer reported the man's eyes were glassy and bloodshot and his speech was slurred and slow. Nicoloff told police he did not have any alcoholic beverages that night.
Nicoloff did not submit to a Breathalyzer test and was given a courtesy ride to his home, the report said. He was charged with driving under the influence and cited for a red light violation and failure to signal a turn. Police also discovered Nicoloff's license is currently under suspension for a drunken-driving conviction on March 16, according to court documents.
But that wasn't the last the officer saw of Nicoloff that night.
The same officer later saw him driving a 2003 Ford Mustang Cobra at 12:15 a.m. Wednesday, another report said. Nicoloff was clocked by the officer driving 62 mph on Leavitt Road. The posted speed limit is 40 mph.
As the officer pulled Nicoloff over for a second time, Nicoloff hit the curb, the report said. Nicoloff told the officer he ''had to run to the store.'' The officer still smelled the alcohol on him and asked him to complete more field sobriety tests.
Nicoloff took several new field sobriety tests; however, he did not pass. He refused a Breathalyzer again and he was charged with DUI and driving under OVI (operating a vehicle while intoxicated) suspension, and he was cited for speeding, a stop sign violation and expired license plates. The officer then gave Nicoloff another courtesy ride home.
Capt. Jim Drozdowski, director of corrections at the Lorain County Jail, said they primarily accept people who commit felonies, domestic violence or an act of violence because of the overcrowding. Drozdowski said people who are driven home after being stopped for a DUI don't feel the effects until they sober up. However, those who are thrown in jail feel the impact of their decisions much quicker.
''Does it have less of an effect when an officer drives them home -- sure,'' Drozdowski said. ''It has less of an impact absolutely.''
Other cities typically hold DUI suspects in a holding cell until they sober up or attempt to post bail and find a ride home, Drozdowski said. The city of Lorain currently does not have any holding cells. Once a person is convicted of a DUI and has a jail sentence to serve, they are taken to Lorain County Jail.
Lorain Municipal Court Judge Mark Mihok said he has never seen a case in which a single person got two DUIs in one night. He could not comment on Nicoloff's possible sentence because he only saw his charges and did not research his history yet. Nicoloff has secured an attorney and his pre-trial date has been set for April 25 at 2 p.m.
The municipal court has instituted SCRAM -- Secure Continuous Remote Alcohol Monitoring -- an electronic ankle bracelet that detects alcohol in a person's system, Mihok said. The results of the system are reported once a day to a probation officer.
Mihok said the bracelet would be a condition of bond for people who are required not to drink until the case is settled.
''It won't make anyone not drink or not drink and drive, but at least they'll know if they take a drink we'll know about it,'' Mihok said. ''Hopefully it will be enough of a deterrent. It's a better tool than we have now. ''
The bracelet does not replace a mandatory jail sentence, Mihok said. Several other courts have instituted SCAM as a condition of bond and it has been successful, Mihok said.
He said Nicoloff could be a candidate for SCRAM.
In 2005, Lorain police made 175 OVI arrests, according to Lorain police Capt. Russ Cambarare. Since January, the officers have made 127 OVI arrests.
''We have stepped up enforcement in this area to target impaired drivers,'' Cambarare said. ''We have one officer on every night shift looking specifically for impaired drivers.''
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Post by KC on Jul 12, 2006 21:27:40 GMT -5
July 12, 2006 - A Calhoun County sheriff’s deputy was arrested around 4:45 a.m. July 9 by a Florida Highway Patrol officer. Arrested was Officer Zack R. Barber, 22, 20776 Central Ave., Blountstown. According to the press release issued by the FHP, the Liberty County Sheriff’s Office received a call around 4:30 a.m. about a deputy passed out behind the wheel of a marked Calhoun County Sheriff’s patrol car on County Road 270 west of State Highway 12 in Liberty County. Upon arriving at the scene, FHP officers Trooper Jason King and Sgt. Lonnie A. Baker found Barber passed out behind the wheel with the car running and the vehicle in drive. “I knocked on the window for several minutes, Deputy Barber finally woke up, fumbling around in the car,” said the FHP report completed by King and Baker. It apparently took Barber several attempts to unlock the vehicle. The FHP officers had to help Baker get out of the car but then he could not stand up without assistance. “His eyes were bloodshot and speech was slurred. I could smell a strong odor of a alcoholic beverage as he talked,” said the FHP written release. Barber was arrested for DUI and transported to the Liberty County Jail. His car and firearm were turned over to Major Roman Wood of the Calhoun County Sheriff’s Department. story.waltonsun.com/article.display.db.php?a=814
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Post by KC on Jul 12, 2006 21:27:40 GMT -5
July 12, 2006 - A Calhoun County sheriff’s deputy was arrested around 4:45 a.m. July 9 by a Florida Highway Patrol officer. Arrested was Officer Zack R. Barber, 22, 20776 Central Ave., Blountstown. According to the press release issued by the FHP, the Liberty County Sheriff’s Office received a call around 4:30 a.m. about a deputy passed out behind the wheel of a marked Calhoun County Sheriff’s patrol car on County Road 270 west of State Highway 12 in Liberty County. Upon arriving at the scene, FHP officers Trooper Jason King and Sgt. Lonnie A. Baker found Barber passed out behind the wheel with the car running and the vehicle in drive. “I knocked on the window for several minutes, Deputy Barber finally woke up, fumbling around in the car,” said the FHP report completed by King and Baker. It apparently took Barber several attempts to unlock the vehicle. The FHP officers had to help Baker get out of the car but then he could not stand up without assistance. “His eyes were bloodshot and speech was slurred. I could smell a strong odor of a alcoholic beverage as he talked,” said the FHP written release. Barber was arrested for DUI and transported to the Liberty County Jail. His car and firearm were turned over to Major Roman Wood of the Calhoun County Sheriff’s Department. story.waltonsun.com/article.display.db.php?a=814
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Post by KC on Aug 4, 2006 21:41:59 GMT -5
August 06, 2006 - PRESTONSBURG - An off-duty Kentucky State Police trooper was charged with drunken driving early today after he wrecked an unmarked cruiser on U.S. 23 near Prestonsburg, authorities said. Trooper Michael F. Pennington of London, who was in Floyd County as part of a law enforcement marijuana-eradication team, was southbound on U.S. 23 at 12:50 a.m. when his 2003 Ford cruiser ran off the road and crashed in a single-car accident, according to a state-police citation issued by Sgt. Todd Kidd at the Pikeville post. Pennington, 29, was not injured, but his vehicle received "moderate" damage, said Sgt. Phil Crumpton, a spokesman for state police in Frankfort. "I don't know where he was headed; he was not on duty," Crumpton said, indicating the incident could have been worse. "He could have gotten hurt or someone else could have been hurt." Crumpton said Pennington, a state policeman since 2001, has been suspended with pay pending an internal investigation. Records at the Floyd County Jail show Pennington was arrested at 2:12 a.m. after he registered .114 on a Breathalyzer test. Under Kentucky law, any driver registering .08 or above is considered intoxicated. According to the citation, Pennington had red eyes, slurred speech and smelled strongly of alcohol. Pennington allegedly said he had earlier consumed alcohol. In a field sobriety test, he missed his nose twice in the finger-to-nose-touch test. Records at the jail also show that Pennington was released from custody at 3 p.m. after he called Floyd District Judge Eric Hall at home. In some circumstances, persons arrested for DUI are required to be held in custody for at least 12 hours. Hall could not be reached for comment today, but Crumpton said it was not unprecedented for suspects to be allowed to call judges after being arrested. "I can't speak for the judge," Crumpton said, "but I've heard of cases where police officers were RORed (released on their own recognizance) after being arrested because of potential danger from other inmates. If you think about it, you can't put them in with the general population, for their own safety." Pennington is scheduled for a court hearing Monday in Floyd District Court before District Judge James Allen. www.kentucky.com/mld/kentucky/15201139.htm
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Post by KC on Aug 4, 2006 21:41:59 GMT -5
August 06, 2006 - PRESTONSBURG - An off-duty Kentucky State Police trooper was charged with drunken driving early today after he wrecked an unmarked cruiser on U.S. 23 near Prestonsburg, authorities said. Trooper Michael F. Pennington of London, who was in Floyd County as part of a law enforcement marijuana-eradication team, was southbound on U.S. 23 at 12:50 a.m. when his 2003 Ford cruiser ran off the road and crashed in a single-car accident, according to a state-police citation issued by Sgt. Todd Kidd at the Pikeville post. Pennington, 29, was not injured, but his vehicle received "moderate" damage, said Sgt. Phil Crumpton, a spokesman for state police in Frankfort. "I don't know where he was headed; he was not on duty," Crumpton said, indicating the incident could have been worse. "He could have gotten hurt or someone else could have been hurt." Crumpton said Pennington, a state policeman since 2001, has been suspended with pay pending an internal investigation. Records at the Floyd County Jail show Pennington was arrested at 2:12 a.m. after he registered .114 on a Breathalyzer test. Under Kentucky law, any driver registering .08 or above is considered intoxicated. According to the citation, Pennington had red eyes, slurred speech and smelled strongly of alcohol. Pennington allegedly said he had earlier consumed alcohol. In a field sobriety test, he missed his nose twice in the finger-to-nose-touch test. Records at the jail also show that Pennington was released from custody at 3 p.m. after he called Floyd District Judge Eric Hall at home. In some circumstances, persons arrested for DUI are required to be held in custody for at least 12 hours. Hall could not be reached for comment today, but Crumpton said it was not unprecedented for suspects to be allowed to call judges after being arrested. "I can't speak for the judge," Crumpton said, "but I've heard of cases where police officers were RORed (released on their own recognizance) after being arrested because of potential danger from other inmates. If you think about it, you can't put them in with the general population, for their own safety." Pennington is scheduled for a court hearing Monday in Floyd District Court before District Judge James Allen. www.kentucky.com/mld/kentucky/15201139.htm
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Post by KC on Mar 25, 2006 23:14:33 GMT -5
03/24/2006 - Twenty-five St. Paul police officers have admitted drinking alcohol at a station after their shifts ended, prompting investigators to recommend they be reprimanded, a police spokesman said Thursday.
Most of the officers told investigators they drank at the Eastern District station at least twice since January 2005. The department bars drinking on police property.
Chief John Harrington ordered an internal investigation in February after a sergeant complained. The investigation is over, but discipline has not been handed out, police spokesman Pete Crum said. Harrington will decide how to discipline the officers.
"The department takes these sorts of complaints very seriously, as can be seen in this case, where the chief initiated this internal investigation," Crum said. "A thorough investigation has been completed, and we are in the process of imposing discipline."
St. Paul Police Federation President Dave Titus said there is "definitely not a widespread problem" with officers drinking at stations.
"These cops were definitely not breaking policy while they were on the clock," said the police union chief. "The department and the federation would never condone that activity."
The investigation began after a sergeant reported that an officer under his supervision had asked whether officers could carry on "a tradition of drinking" in the briefing room of the FORCE unit, located at the Eastern District station at 722 Payne Ave., Crum said.
The FORCE unit, which stands for Focusing Our Resources on Community Empowerment, aims to prevent crime by targeting street-level narcotics and focusing on properties with repeat police calls.
The investigation concluded that all 25 officers, who usually finish their shifts between 1 and 4 a.m., were off duty when the drinking occurred, Crum said. Each reported having one to three beers or other alcoholic drinks and most said they had drunk on police property at least twice since Jan. 1, 2005, he said.
Investigators interviewed 34 officers — 30 current and past members of the FORCE unit since Jan. 1, 2005, and four other officers.
The four others, who are assigned to the Eastern District but are not members of the FORCE unit, came forward when they heard about the investigation to say they also had drunk in the unit's briefing room, Crum said.
Complaints against 25 of the 34 officers, including two sergeants, were sustained.
"This is a policy violation," Crum said. "It is not a legal violation."
Officers are prohibited from bringing alcoholic beverages into police buildings, "except in the performance of police duties," which could include alcohol that needs to be secured as evidence, Crum said.
"To my knowledge, all the members involved were honest and straightforward, and we'll see what the administration does with it from here," Titus said.
Harrington was out of town Thursday and unavailable for comment.
The department is not releasing the 25 officers' names until discipline is imposed, Crum said.
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Post by KC on Mar 25, 2006 23:14:33 GMT -5
03/24/2006 - Twenty-five St. Paul police officers have admitted drinking alcohol at a station after their shifts ended, prompting investigators to recommend they be reprimanded, a police spokesman said Thursday.
Most of the officers told investigators they drank at the Eastern District station at least twice since January 2005. The department bars drinking on police property.
Chief John Harrington ordered an internal investigation in February after a sergeant complained. The investigation is over, but discipline has not been handed out, police spokesman Pete Crum said. Harrington will decide how to discipline the officers.
"The department takes these sorts of complaints very seriously, as can be seen in this case, where the chief initiated this internal investigation," Crum said. "A thorough investigation has been completed, and we are in the process of imposing discipline."
St. Paul Police Federation President Dave Titus said there is "definitely not a widespread problem" with officers drinking at stations.
"These cops were definitely not breaking policy while they were on the clock," said the police union chief. "The department and the federation would never condone that activity."
The investigation began after a sergeant reported that an officer under his supervision had asked whether officers could carry on "a tradition of drinking" in the briefing room of the FORCE unit, located at the Eastern District station at 722 Payne Ave., Crum said.
The FORCE unit, which stands for Focusing Our Resources on Community Empowerment, aims to prevent crime by targeting street-level narcotics and focusing on properties with repeat police calls.
The investigation concluded that all 25 officers, who usually finish their shifts between 1 and 4 a.m., were off duty when the drinking occurred, Crum said. Each reported having one to three beers or other alcoholic drinks and most said they had drunk on police property at least twice since Jan. 1, 2005, he said.
Investigators interviewed 34 officers — 30 current and past members of the FORCE unit since Jan. 1, 2005, and four other officers.
The four others, who are assigned to the Eastern District but are not members of the FORCE unit, came forward when they heard about the investigation to say they also had drunk in the unit's briefing room, Crum said.
Complaints against 25 of the 34 officers, including two sergeants, were sustained.
"This is a policy violation," Crum said. "It is not a legal violation."
Officers are prohibited from bringing alcoholic beverages into police buildings, "except in the performance of police duties," which could include alcohol that needs to be secured as evidence, Crum said.
"To my knowledge, all the members involved were honest and straightforward, and we'll see what the administration does with it from here," Titus said.
Harrington was out of town Thursday and unavailable for comment.
The department is not releasing the 25 officers' names until discipline is imposed, Crum said.
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Post by KC on Mar 2, 2006 23:15:48 GMT -5
03/02/2006 - Louisville, KY - A rookie Louisville Metro Police officer was fired in January after he came to work with alcohol in his system.
Richard Reed, who was hired in a class of 37 officers in November, was fired Jan. 24.
An internal investigation by the Professional Standards Unit showed that Reed reported to duty with alcohol in his system on Dec. 11, according to documents released this week by the police department. The investigation began because he smelled of alcohol when he came to work.
The department would not comment on the firing.
At the time of the incident, Reed was in the one-year probationary period all new officers go through.
Chief Robert White ruled that Reed had violated the department’s policy on alcoholic beverages, which prohibits officers from reporting to duty with any measurable amount of alcohol in their system.
Because Reed was still on probation, he was fired and no other discipline was handed out, according to the records.
As an officer on probation, Reed has no right to appeal the firing to the Police Merit Board, which hears appeals on discipline.
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Post by KC on Mar 2, 2006 23:15:48 GMT -5
03/02/2006 - Louisville, KY - A rookie Louisville Metro Police officer was fired in January after he came to work with alcohol in his system.
Richard Reed, who was hired in a class of 37 officers in November, was fired Jan. 24.
An internal investigation by the Professional Standards Unit showed that Reed reported to duty with alcohol in his system on Dec. 11, according to documents released this week by the police department. The investigation began because he smelled of alcohol when he came to work.
The department would not comment on the firing.
At the time of the incident, Reed was in the one-year probationary period all new officers go through.
Chief Robert White ruled that Reed had violated the department’s policy on alcoholic beverages, which prohibits officers from reporting to duty with any measurable amount of alcohol in their system.
Because Reed was still on probation, he was fired and no other discipline was handed out, according to the records.
As an officer on probation, Reed has no right to appeal the firing to the Police Merit Board, which hears appeals on discipline.
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Post by KC on Sept 1, 2006 23:20:44 GMT -5
Sept. 01, 2006 - A constitutional-rights battle could be brewing between police and prosecutors, and a defense lawyer over a ``conspiracy theory'' involving a Santa Fe man charged with driving while intoxicated. The issue came to a head Wednesday when state District Court Judge Stephen Pfeffer reiterated his order that a Santa Fe police officer must turn over a record of calls made from his personal cell phone. The order covers a six-minute, 35-second period during the July 17, 2005, arrest of Marty Ortiz when a videotape recorder in Officer John Boerth's patrol car was not activated. Public defender Earl Rhoads asked for access to all electronic, oral, telephone or written communications between Boerth and ``any other person during this incident'' after the videotape Rhoads received from Boerth's patrol car showed Ortiz wasn't driving erratically when he was stopped, according to court documents. Because of that and the six-minute, 35-second ``gap'' in the tape before he pulled over Ortiz, Rhoads wrote in a motion he believes the stop was illegal, the documents state. Prosecutor Donna Bevacqua-Young, however, claimed in another motion that an officer's personal cell-phone records are constitutionally protected, and Boerth has a ``reasonable expectation of privacy,'' court documents state. She also wrote that Rhoads has not demonstrated the records are relevant or material to the case. Finally, during Wednesday's hearing, Bevacqua-Young told Pfeffer that Ortiz gave Boerth a fake name when he arrested him, and the officer didn't know it was fake. ``So we have a conspiracy theory that doesn't really make sense,'' Bevacqua-Young said. Pfeffer disagreed. ``Here's the way I see it -- the police officer is an arm of the state; he's on duty,'' the judge said Wednesday. ``He could use my telephone and I would find it relevant. I don't know what the officer is talking about (on his cell phone) that he's embarrassed about.''Boerth, who is now a detective, filed an affidavit, which appears in the court file, in which he says he has a privacy interest in his cell-phone records and does not consent to the court order to provide them. Rhoads couldn't be reached for comment Thursday, so the exact nature of the conspiracy being alleged was unclear. Bevacqua-Young also couldn't be reached for comment Thursday. Although Pfeffer signed an official order filed Wednesday that says the cell-phone records must be produced, he agreed to hold another hearing to listen to another argument Bevacqua-Young brought up Wednesday. However, he warned her that if her argument that Rhoads didn't follow disclosure procedures in the U.S. Electronic Telecommunications Act didn't apply, he will want the records provided. ``I find it relevant for discovery,'' he said. Santa Fe Police Chief Eric Johnson said Thursday that Boerth never spoke to anyone on his cell phone about Ortiz, didn't conspire with anyone to have Ortiz arrested and didn't know Ortiz. ``I've known Officer Boerth since he started, and he's always been a very professional officer,'' Johnson said. ``I don't believe he would do anything like that.'' Further, he said, he's worried the precedent that could be set by Pfeffer's ruling could not only open up officer's personal lives, but ``could have a major impact'' on the way officers now conduct business. The department cannot afford to provide cell phones to all officers and detectives, and currently members of the department often use personal cell phones for police business. The ruling could mean that every time an officer needs to make a business call, he or she will have to return to the police station. As for the ``gap'' in the videotape of Ortiz's arrest last summer, Johnson said, the officer switched on his lights and sirens first to respond to a possible medical-assistance call about people performing cardiopulmonary resuscitation on a woman at a convenience store. When such emergency equipment is activated, the car's videotape recorder is automatically activated, he said. When Boerth arrived at the convenience store, witnesses told him the people performing CPR on a female had left in a white car, Johnson said, and Boerth then switched off the equipment, which turned off the camera. The officer then began searching for the car and ended up behind it, though he wasn't sure it was the vehicle he was looking for, Johnson said. But the car's driver showed signs of driving while intoxicated and Boerth pulled him over, which engaged the camera again, he said. That accounts for the so-called ``gap,'' Johnson said. ``It's a simple explanation,'' he said. Ortiz is charged with DWI, driving with a suspended or revoked license, careless driving and concealing identity. He was convicted of DWI in May 2003 and May 2004 and of conspiracy and receiving stolen property in 2004, according to District Court records. www.freenewmexican.com/news/48617.html
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Post by KC on Sept 1, 2006 23:20:44 GMT -5
Sept. 01, 2006 - A constitutional-rights battle could be brewing between police and prosecutors, and a defense lawyer over a ``conspiracy theory'' involving a Santa Fe man charged with driving while intoxicated. The issue came to a head Wednesday when state District Court Judge Stephen Pfeffer reiterated his order that a Santa Fe police officer must turn over a record of calls made from his personal cell phone. The order covers a six-minute, 35-second period during the July 17, 2005, arrest of Marty Ortiz when a videotape recorder in Officer John Boerth's patrol car was not activated. Public defender Earl Rhoads asked for access to all electronic, oral, telephone or written communications between Boerth and ``any other person during this incident'' after the videotape Rhoads received from Boerth's patrol car showed Ortiz wasn't driving erratically when he was stopped, according to court documents. Because of that and the six-minute, 35-second ``gap'' in the tape before he pulled over Ortiz, Rhoads wrote in a motion he believes the stop was illegal, the documents state. Prosecutor Donna Bevacqua-Young, however, claimed in another motion that an officer's personal cell-phone records are constitutionally protected, and Boerth has a ``reasonable expectation of privacy,'' court documents state. She also wrote that Rhoads has not demonstrated the records are relevant or material to the case. Finally, during Wednesday's hearing, Bevacqua-Young told Pfeffer that Ortiz gave Boerth a fake name when he arrested him, and the officer didn't know it was fake. ``So we have a conspiracy theory that doesn't really make sense,'' Bevacqua-Young said. Pfeffer disagreed. ``Here's the way I see it -- the police officer is an arm of the state; he's on duty,'' the judge said Wednesday. ``He could use my telephone and I would find it relevant. I don't know what the officer is talking about (on his cell phone) that he's embarrassed about.''Boerth, who is now a detective, filed an affidavit, which appears in the court file, in which he says he has a privacy interest in his cell-phone records and does not consent to the court order to provide them. Rhoads couldn't be reached for comment Thursday, so the exact nature of the conspiracy being alleged was unclear. Bevacqua-Young also couldn't be reached for comment Thursday. Although Pfeffer signed an official order filed Wednesday that says the cell-phone records must be produced, he agreed to hold another hearing to listen to another argument Bevacqua-Young brought up Wednesday. However, he warned her that if her argument that Rhoads didn't follow disclosure procedures in the U.S. Electronic Telecommunications Act didn't apply, he will want the records provided. ``I find it relevant for discovery,'' he said. Santa Fe Police Chief Eric Johnson said Thursday that Boerth never spoke to anyone on his cell phone about Ortiz, didn't conspire with anyone to have Ortiz arrested and didn't know Ortiz. ``I've known Officer Boerth since he started, and he's always been a very professional officer,'' Johnson said. ``I don't believe he would do anything like that.'' Further, he said, he's worried the precedent that could be set by Pfeffer's ruling could not only open up officer's personal lives, but ``could have a major impact'' on the way officers now conduct business. The department cannot afford to provide cell phones to all officers and detectives, and currently members of the department often use personal cell phones for police business. The ruling could mean that every time an officer needs to make a business call, he or she will have to return to the police station. As for the ``gap'' in the videotape of Ortiz's arrest last summer, Johnson said, the officer switched on his lights and sirens first to respond to a possible medical-assistance call about people performing cardiopulmonary resuscitation on a woman at a convenience store. When such emergency equipment is activated, the car's videotape recorder is automatically activated, he said. When Boerth arrived at the convenience store, witnesses told him the people performing CPR on a female had left in a white car, Johnson said, and Boerth then switched off the equipment, which turned off the camera. The officer then began searching for the car and ended up behind it, though he wasn't sure it was the vehicle he was looking for, Johnson said. But the car's driver showed signs of driving while intoxicated and Boerth pulled him over, which engaged the camera again, he said. That accounts for the so-called ``gap,'' Johnson said. ``It's a simple explanation,'' he said. Ortiz is charged with DWI, driving with a suspended or revoked license, careless driving and concealing identity. He was convicted of DWI in May 2003 and May 2004 and of conspiracy and receiving stolen property in 2004, according to District Court records. www.freenewmexican.com/news/48617.html
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Post by KC on Jun 7, 2006 21:54:26 GMT -5
[/img][/center] Officer Joshua Nygren June 07, 2006 - INDIANAPOLIS -- An Indianapolis police officer was placed on administrative leave after being accused of drunken driving while off duty for the second time in less than a year, authorities said. Officer Joshua Nygren, 28, was pulled over by a fellow officer early Saturday near 62nd Street and Keystone Avenue. Nygren, driving a vehicle with a missing right front tire, weaved from lane to lane and ran a red traffic light, police said. According to a police report, when Nygren consented to a breath test more than three hours after being stopped, his blood-alcohol level was more than twice the legal limit for drivers. He was arrested on charges of driving while intoxicated and was released on a $7,500 bond. "My understanding is that he had been with some friends in the Broad Ripple area, drinking," Indianapolis Deputy Police Chief Tim Horty said Monday. Police said Nygren was arrested in July on suspicion that he drove his patrol car while intoxicated after working a part-time security job at a bar in Broad Ripple. In connection with that arrest, the Indianapolis Police Department suspended him for 45 days, and he went through an alcohol treatment program and psychological counseling. Horty said Nygren will receive a stricter punishment for the latest arrest. "I can assure you that any discipline he gets will be grossly more severe than he might as an average citizen working someplace," Horty said. A bench trial for the first arrest is scheduled for next month. Nygren is scheduled to appear in court this month in the latest case.
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Post by KC on May 10, 2006 21:39:42 GMT -5
05/08/2006 - A Minneapolis police officer pleaded guilty Monday to fourth-degree alcohol concentration, a misdemeanor, after she and her boyfriend were arrested in Columbia Heights, Minn. last month.
Lindsay Anderson, 29, was originally charged with third-degree alcohol concentration for the April 25, her attorney said.
Anderson was sentenced to 90 days in jail. The judge gave her credit for two days already served and waived the other 88 days, provided she stays out of trouble. She will also pay a $300 fine and will have to perform 30 hours of community service.
The judge also ordered Anderson to serve on the Mothers Against Drunk Driving panel. She will also have to complete a chemical dependency program.
In court, Anderson apologized for her actions.
"I made a serious mistake in judgment and I apologize to the court and to the public," she said.
On April 25, Anderson and her boyfriend, Minneapolis police officer Steven Herron, were arrested in Columbia Heights. Anderson was arrested for DWI and Herron was arrested for obstruction of justice.
Anderson worked in the Third Precinct and will be able to keep her job as a Minneapolis police officer. She has been assigned to desk duty, pending the outcome of an internal investigation.
Herron, 35, has also been placed on desk duty, pending the outcome of an internal investigation and criminal proceedings. His next court date is scheduled for June 1.
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Post by KC on May 10, 2006 21:39:42 GMT -5
05/08/2006 - A Minneapolis police officer pleaded guilty Monday to fourth-degree alcohol concentration, a misdemeanor, after she and her boyfriend were arrested in Columbia Heights, Minn. last month.
Lindsay Anderson, 29, was originally charged with third-degree alcohol concentration for the April 25, her attorney said.
Anderson was sentenced to 90 days in jail. The judge gave her credit for two days already served and waived the other 88 days, provided she stays out of trouble. She will also pay a $300 fine and will have to perform 30 hours of community service.
The judge also ordered Anderson to serve on the Mothers Against Drunk Driving panel. She will also have to complete a chemical dependency program.
In court, Anderson apologized for her actions.
"I made a serious mistake in judgment and I apologize to the court and to the public," she said.
On April 25, Anderson and her boyfriend, Minneapolis police officer Steven Herron, were arrested in Columbia Heights. Anderson was arrested for DWI and Herron was arrested for obstruction of justice.
Anderson worked in the Third Precinct and will be able to keep her job as a Minneapolis police officer. She has been assigned to desk duty, pending the outcome of an internal investigation.
Herron, 35, has also been placed on desk duty, pending the outcome of an internal investigation and criminal proceedings. His next court date is scheduled for June 1.
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