Showing posts with label Police Brutality. Show all posts
Showing posts with label Police Brutality. Show all posts

5 fired at Miami-Dade lockup where teen died in beat-down


BY CAROL MARBIN MILLER

At a since-shuttered juvenile corrections center in Pahokee, staff members used Snickers bars to get kids to beat each other up. In Broward County’s juvenile lockup, free iced tea has purportedly been similarly employed.

Department of Juvenile Justice administrators won’t say if they think that’s what happened to Elord Revolte, the 17-year-old who died last month after a vicious attack by more than a dozen detainees at the Miami-Dade juvenile lockup.

But they did say this late Wednesday evening: Five staffers at the lockup, including three supervisors, have been fired for infractions that include failing to oversee detained children and falsifying official reports. And a special team will be dispatched from the agency’s Inspector General’s Office on Thursday to initiate an investigation into allegations that “honey buns” have been used as bounties for beat-downs.

Elord was booked into the Miami lockup on Aug. 27 on charges of armed robbery. He left on a stretcher four days later after being jumped by as many as 20 other detainees, authorities said. It is not yet clear what led to the melee in which the teen was injured. But in the wake of Elord’s death, lawyers for delinquent children, as well as Elord’s former foster mother, have told the Miami Herald that it has been common practice for officers to use treats as an inducement for detainees to punish other kids.

In Elord’s case, kids in his module “complained about him to the guards,” Chief Assistant Miami-Dade Public Defender Marie Osborne said. “One guard’s response was, ‘You gotta do what you gotta do.’ The kids understood they had a green light.”

Both the Miami-Dade Police and the state Department of Juvenile Justice are investigating Elord’s death. Heather M. DiGiacomo, a DJJ spokeswoman, would not provide any details of what the agency’s “preliminary” investigation has found.

Elord, who was not sent to the hospital until a day after his beating, was the second youth to die in a state lockup after waiting a prolonged period for medical care. In February, 14-year-old Andre Sheffield died at DJJ’s Brevard County lockup of bacterial meningitis, an inflammation of the protective membranes of the brain. Andre had complained of a headache and stomach pain, soiled himself, limped and fell over in the hours before he died, and six DJJ staff members were disciplined for their role in his death.

The Herald first learned of the alleged connection between honey buns and beatings the day after Elord died, when his short-term foster mother described the practice in detail to a reporter, who then asked the public defenders in Miami-Dade and Broward counties if they were aware of it.

The next day, an assistant public defender told Osborne, his boss, that detainees at the Miami lockup — most of whom are represented by their office — had disclosed being offered honey buns by guards looking for someone to hurt another detainee.

“When I asked [the lawyer], ‘Why honey buns?’ he stated these kids are incarcerated, so they don’t get anything like that in here. In here, a honey bun is like a million dollars,” Osborne told the Herald.

The kids who accept the bounties, Osborne said, serve an important purpose: “Guards can get around Abuse Hotline charges in an unorthodox way and maintain order and control in a situation where they are seriously outnumbered.”

Osborne was so concerned by the lawyer’s report that she called a staff meeting. She asked all the assistant public defenders who represent kids in the lockup to ask their clients what, if anything, they knew about the allegation. Within two weeks, she said, she had received reports from her staff involving 15 youths who separately confirmed the use of contraband food as rewards for beat-downs.

“I will put a honey bun on your head if you don’t do what I say,” one detainee quoted a guard to his lawyer.

“Sometimes it’s Skittles,” Osborne said. “It’s not always honey buns. Sometimes it’s Snickers. If they really want a child hurt, and they really want to ensure a kid will do it, the big treat is any kind of fast food, like a cheeseburger.”

The allegations were relayed by a reporter to DiGiacomo, who hours later said agency administrators “had had exactly no idea about [them]. They are appalling. When these things are reported to this agency, we take them seriously and investigate them.”

“When a tragedy like this happens, it rocks the entire agency,” DiGiacomo said of Elord’s death. “It is always heartbreaking when there is a death of a child. Their safety is our top priority.”

Osborne is not the only lawyer who has heard about the purported treats for beat-downs.

“I’ve heard that at almost every program I’ve visited where I’ve talked with children,” said Gordon H. Weekes Jr., Broward’s chief assistant public defender, who has headed the office’s Juvenile Court staff for a decade. “It seems like the staff uses children to enforce their vendettas rather than putting their own hands on a kid. They’ll say, ‘Take care of that kid for [iced] tea or a honey bun.’ I’ve heard that a number of times. I’ve reported it to DJJ a number of times.”

Clients of the Broward Public Defender’s Office have told their lawyers that officers will order a pizza or Chinese food and offer leftovers to kids “who are willing to do their bidding.”

Part of the problem, Weekes said, is that the teenagers in DJJ custody seldom are given enough food to gain the caloric intake their bodies require. “These are teens, and all they want to do is eat and eat and eat and eat, because they’re growing,” Weekes said, adding that he had encouraged state juvenile justice authorities to allow detainees to get “seconds” in the chow line.

Honey bun bounties apparently are well known even outside the state’s lockups.

Jolie Bogorad, who cared briefly for Elord and has had several other delinquent teens stay as foster children in her Miami Beach home, told the Herald that “it is a common occurence” for Miami-Dade detention officers to offer youths a honey bun to do their dirty work. “They give them a honey bun to beat the hell out of another kid,” Bogorad said. “Not one boy told me this. Everybody who came here from detention told me that.”

Complaints about food bounties go back nearly two decades at DJJ. During a hearing involving conditions at the now-shuttered Pahokee Youth Development Center in November 1997, one detainee testified about the use of Snickers bars as bribes for beatings. At that hearing, Osborne, who has supervised the juvenile attorneys in Miami for 20 years, questioned some of the kids who lived there.

Detainees testified that they had been taunted by guards, had been confined in isolation for hours on end, were forced to eat food with bugs in it, were hogtied, given advice on how to commit suicide and encouraged to fight with other kids — for the amusement and “excitement” of staff members, a hearing transcript says.

The use of rewards for kids who fought with each other sticks with Osborne to this day. “I’ve never forgotten that moment,” she said. When she asked one youth why kids would so readily beat up other kids, his answer haunted her.

“You don’t know,” the youth replied. “You’d do a lot for a Snickers.”

Read More >>

Inmate Jailed for Traffic Ticket Dies After Being Denied Prescription Medicine


The brother of a man who died while in jail for failing to pay a traffic ticket claims jailers and medical staff watched the man suffer through "excruciating" withdrawals after denying him access to his prescription medicines.

David Stojcevski, 32, was originally set to serve a 30-day sentence in Macomb County Jail in in Mt. Clemens, Michigan after getting a traffic ticket for careless driving and then failing to show up in court, according to Detroit's local channel 4 TV station WDIV, which broke the story. But just 16 days after Stojcevski was booked into the jail in June 2014, he was taken to a local hospital, 50 pounds lighter than when he entered. He died there 90 minutes later.

A lawsuit filed by the man's brother, Vladimir Stojcevski, claims the cause of death, as listed on his death certificate, was "acute withdrawal from chronic benzodiazepine, methadone and opiate medications."

An autopsy report mentions the man also showed symptoms of dehydration and seizure or seizure-like activity, according to the lawsuit filed in a Detroit District Court in March.

In the months prior to his incarceration, Stojcevski had reportedly been prescribed three medications to treat his withdrawal from a Heroin addiction: Xanax and Klonopin for anxiety and oxycodone for pain relief.

The lawsuit, which seeks $75,000 in damages, claims that neglect from some three dozen employees at the prison and its contracted medical healthcare agency, Correct Care Solution, contributed to the man's death.

One of the defendants named in the suit allegedly knew Stojcevski was taking Xanax and oxycodone before he was incarcerated, the suit claims. The prisoner was reportedly recommended for a medical detox unit after he was booked, but instead was placed in a mental health cell after hallucinating and showing other symptoms. There, employees watched the man as he went through severe withdrawal symptoms, including "twitching on the floor." But they cleared him medically and did not provide him any prescription medication while he was in jail, the suit alleged.

The lawsuit also claims that on June 18, a nurse supervisor performed an assessment and became aware the prisoner was taking Klonopin at home for anxiety, but did not order more medication for the man and ignored his pleas for medical care.

At the prison's mental health facility, Stojcevski was monitored round the clock by surveillance cameras. The release of the disturbing footage has brought renewed attention to the case.

Jail authorities found Stojcevski on the floor of his cell on June 27. He was reportedly struggling to breathe and when attempts to revive him failed, he was transported to the hospital where he died later.

"The various defendants with malice, recklessness and callous indifference failed to provide or obtain care and treatment necessary to save David's life," the lawsuit said.

Sheriff Anthony Wickersham told the Detroit Free Press he would not comment on the case because it involves pending litigation. County Corporation Counsel John Schapka said that "knowing the facts and circumstances of the case, I'm confident the county will prevail."

Read More >>

Exclusive: City to pay $70K to settle suit alleging NYPD erased footage of beating


STATEN ISLAND, N.Y. -- The city will pay $70,000 to settle a lawsuit alleging an NYPD officer let CCTV footage of a suspect's beating get erased before the suspect or his lawyer could review it.

Keashon Gillam, 22, alleged in a federal lawsuit that an NYPD "VIPER" camera recorded an Oct. 8, 2011 incident outside the Stapleton Houses where officers pummeled him badly enough to leave him with a concussion, medical staples and a scar on his head.

One of the officers who worked inside the housing complex's camera room rushed out to join the beating, the lawsuit alleged, then failed to flag the footage for archiving, meaning that, by NYPD policy, it would be erased after seven days, the lawsuit alleged.

On Monday, U.S. District Judge I. Leo Glasser dismissed the case, after Gillam and the city agreed to a settlement a month earlier.

"It was right in front of video cameras, and the video evidence was recorded over before we could get it, and we tried very hard," said Gillam's lawyer, Gregory Antollino. "We didn't even find out that it had been recorded over until years later. And so I think the policy with regard to those tapes needs to be looked at so that the truth can be preserved."

According to the NYPD patrol guide, recordings made by the city's Video-Interactive Patrol Enhanced Response, or VIPER cameras, are erased and destroyed every seven days, unless the recording is the subject of an incident report.

"I knew there was cameras out there, because basically I've been living out here all my life," Gillam said in an interview with the Advance Thursday. "For them to say that had no videotape, I knew that was BS.... Me and my mother went to get the tape so many times."

SUIT FILED IN 2012

Gillam filed his lawsuit in December 2012, while the criminal case against him was still pending.

According to the lawsuit, the officers had been chasing a "big fish" suspect, and when they couldn't catch him, "turned to a group of young black men standing near 218 Broad St."

Gillam, who was then 18, was standing outside with his cousin, tried to walk away from two officers, Christopher Parco and Timothy Lake, the lawsuit alleged. He had a small amount of marijuana on him, according to the lawsuit.

Moments earlier, Gillam told the Advance, he had watched a man who had been sitting on a bench run as soon as police showed up at the housing development.

The officers yelled, "Get the (expletive) up on the gate, get the (expletive) up on the gate!" Gillam recalled.

"Me and my cousin, we're going home, we're not doing nothing, so we didn't think they were talking to us," he said.

Parco grabbed him, "spun him to the ground" and bashed his head with a police radio, and Lake joined in, punching and kicking him, the lawsuit alleged.

NO 'INCIDENT REPORT'

Officer Daniel Magee was watching the scene unfold in the VIPER surveillance room at the Stapleton Houses and rushed out to join the two officers, the lawsuit alleged, beating Gillam after he was cuffed.

"Although it was procedure to do so, Magee should have prepared an incident report to flag the video of the incident, which was caught on camera. He purposely did not to protect Parco and his brethren from being charged with excessive force," the lawsuit alleged.

At one point, the lawsuit alleged, Lake cut his finger on a safety razor while searching Gillam's pocket, flicked blood into Gillam's face and referred to him as a "n----r."

Gillam suffered a concussion and needed medical staples in his head, the lawsuit alleged.

He was planning to start classes at ASA College in Manhattan the next day, he told the Advance, but after recovering from his injuries, he could only focus on classes for the first couple of months.

"It just took a toll on me, I just didn't want to keep going to school every day just thinking about that day," he said. Gillam said he now works as a security guard and plans to return to school.

ACQUITTED AT TRIAL

Gillam was ultimately acquitted of resisting arrest charges at a bench trial this past March, and was adjudicated as a youthful offender on a marijuana possession charge in April.

His cousin, who was also arrested, was only charged with marijuana possession, and received an adjournment contemplating dismissal.

The city's Civilian Complaint Review Board and the NYPD's Internal Affairs Bureau investigated the incident, but did not substantiate any allegations against Lake or Parco, the lawsuit alleged. Magee was "retrained" over his handling of the VIPER video, according to the lawsuit.

The NYPD has not yet responded to a request made Wednesday seeking both comment on the case and general information about the department's policies regarding VIPER recordings.

"Settling the case was in the best interest of the city," said city Law Department spokesman Nick Paolucci.

Court records show the three named officers have been defendants in multiple lawsuits against the NYPD. One case involving both Lake and Magee is still pending, while the rest have ended with settlements.

Last September, Patrolmen's Benevolent Association President Patrick Lynch criticized the city for settling so many cases against police officers, referring to them as "quick buck" lawsuits that "have a secondary impact of seriously injuring the reputation of good police officers who often are not given the opportunity to defend themselves."

TWICE THE AVERAGE PAYOUT

The city has spent $428 million between January 2009 and October 2014 to settle nearly 11,000 NYPD-related lawsuits, according to numbers provided by the Law Department to the website MuckRock.com.

Gillam received more than double the $33,000 average paid out in those cases.

"I think the city was fair. I think it was a fair settlement," Antollino said.

While he's grateful for the settlement money, Gillam said, "I'd rather see officers like that off the streets."

Antollino called for the NYPD to revise its policy on deleting VIPER recordings.

"Who knows what the tape would have shown? But we think that it would have shown exactly what we alleged, and I think that the city policies on these VIPER cameras have got to change," Antollino said. "As it is, they record over them every week, and only if they get flagged do they save them."

Lawyer Jason Leventhal, who regularly handles cases against the NYPD, including several unrelated lawsuits against the officers named in Gillam's suit, also called for better handling of VIPER footage.

"Videos provide the most compelling evidence to determine what happened during a police encounter.  The destruction of videos strikes at the heart of the integrity of our justice system," he said. "The NYPD should immediately institute policies requiring the prompt examination and preservation of potential video evidence to ensure that the truth prevails."

Read More >>

Florida Cops Shoot and Kill Deaf Man For ‘Talking Too Loud’

A deaf man was shot by Volusia County sheriff’s deputy Joel Hernandez and the excuse the killer cop gave boils down to the fact that he was talking too loud.

Now Deputy Hernandez was under investigation for fatally shooting Edward P. Miller, police sources say. But since then officials have decided to let him off the hook with no charges.

The Sheriff’s department tells us that Hernandez was responding to an unrelated matter at Fryer’s Towing when he over heard a verbal disagreement between Miller and an employee of Fryer’s Towing.

Watch the local report from WESH Orlando below…


Sheriff Ben Johnson said that Miller was in legal possession of a holstered firearm. This was not in violation of any law, and Hernandez has had to contend with that in developing his narrative of the events.

Our friends from The Free Thought Project reported last Fall that “Edward Miller and his son Edward Jr. went to Fryer’s towing Friday to settle a dispute about a towed vehicle.”

Read More >>

LIVE PROTEST OF AUTISTIC 17-YEAR-OLD MISHANDLED BY METRO TRANSIT POLICE




#BlackLivesMatters

Autistic 17-year-old mishandled by Metro Transit police, family says


The family of a 17-year-old who has autism says police officers who forcefully arrested him, rendering him unconscious, should have recognized he was disabled when they talked with him. They are calling for better training.
Two Metro Transit police officers wrote in reports that the St. Paul teen, identified by his family as Marcus Abrams, resisted arrest and tried to strike an officer. They took him down to the ground and, when he was kicking at and trying to punch officers, put him in a neck restraint, the reports said.
Abrams had two seizures when police used force against him at the Green Line's Lexington Parkway Station, his lip was split, and he has cuts on his face and head, said Maria Caldwell, his mother.
A Metro Transit police sergeant wrote in his report that the officers' use of force complies with department policies. Police are reviewing the case "to ensure all of our standard policies and procedures were followed," said Metro Transit spokesman Howie Padilla.
Abrams has Asperger's syndrome, which is considered on the high-functioning end of the autism spectrum, his mother said. He also has seizures, attention deficit hyperactivity disorder and other disabilities, Caldwell said. Because he has touch-sensory problems, he doesn't like people to touch him or be in his personal space, she said.
"He has the mind of a 12 year old ... even though he doesn't look like that," said Caldwell of her son, who is 5 feet 11 inches tall and slender.
Caldwell said it should have been obvious to officers when they talked to Abrams that something is different about him. He is also legally blind, Caldwell said, and wears glasses that are obviously very magnified. The glasses were knocked off and damaged during the struggle with police.
"If they had training with dealing with an autistic child or someone like an Alzheimer's patient ... it would seem they would have known how to handle him better than they did," Caldwell said Wednesday.
Speaking generally, Padilla said officers continue to undergo training in working with individuals who have "emotional-behavioral issues" and in crisis intervention.
The incident happened about 7 p.m. Monday. Abrams and friends who were with him are apprentices with Urban Boatbuilders, a youth organization, and they had been demonstrating their work at the Minnesota State Fair. They were heading home from there, waiting for a train, when Abrams jumped onto the tracks. The teen said Wednesday he was "mostly playing around, like play fighting."
Abrams was on the tracks for about 10 seconds, said his 15-year-old friend, who was helping Abrams get home; Abrams usually has someone to help him wherever he goes, his mother said. Abrams had just returned to the platform when officers approached.
Metro Transit reports released Wednesday give the following accounts from officers Richard Wegner and Peter Buzicky:
The officers were driving by when they saw a male on the tracks, leading Wegner to shout "Hey!" out the window. The male ignored him. As Wegner started to get out of the squad, the male jumped back on the platform and they followed.
Wegner and Buzicky asked for Abrams' identification, but he said he had done nothing wrong and did not need to identify himself. Wegner told him it was illegal to be on the tracks.
"He responded loudly, 'I'm 17!' " Wegner wrote. Abrams "again made no movements to retrieve any ID" and Wegner told him to put his hands behind his back, but he would not, the officer wrote. Buzicky grabbed Abrams' other wrist and tried to pull it behind his back.
Abrams started backing up and Wegner grabbed his vest. Abrams put up a hand to him and the officer grabbed it to prevent him from striking him.
"He continued to refuse to comply," Wegner wrote. "In fact he was able to cock his left hand by his left ear while looking right at me telling me not to touch him."
Wegner told Abrams he was under arrest, but said the teen continued resisting. The officer used a "leg sweep takedown" because he "felt that it would be easier for us to control him on the ground," he wrote. Abrams was on his back and Wegner landed on top of him.
Buzicky was trying to hold Abrams down, but he "continuously was kicking me and hitting me with his hand," the officer wrote, and Wegner said Abrams tried to punch him. Wegner used his arm to encircle Abrams' neck and put him into a "neck restraint," saying he added compression when Abrams kept kicking and trying to hit the officers.
They got one handcuff on Abrams when he began kicking again. Wegner then used his knee to pin Abrams' head down to the ground to control his upper body.
The officers got the second handcuff on Abrams and Wegner wrote he "released the suspect completely." Wegner said Abrams seemed semiconscious; Buzicky described him as unconscious in his report.
Police said they called for paramedics, who took Abrams to Regions Hospital.
Abrams was released early Tuesday morning and said Wednesday that his upper body, jaw and head remain sore.
Caldwell told police at the hospital about Abrams' disabilities and that "was one of the determining factors" for officers to release him to his mother and not take him to the Ramsey County Juvenile Detention Center, Padilla said. Police don't plan to present the case to prosecutors to consider charges against the teen, he said.
Abrams' family is working with attorney Paul Applebaum and he met with the teen Wednesday.
"I think it's clear that he's got disabilities and, in my estimation, they would be apparent to an officer who was dealing with him," Applebaum said.
He is investigating what happened to determine their next steps.
Abrams' autism makes it difficult for him to tell people his feelings or to interpret the intentions of others, Caldwell said.
"He's not out to harm anybody," she said. "He's just like any teen, trying to find their place in the world, but needing just a little special help."
Mara H. Gottfried can be reached at 651-228-5262.

Read More >>

Share

Twitter Delicious Facebook Digg Stumbleupon Favorites More