Thursday, March 8, 2012

MCSO, actor Steven Seagal sued over 2011 arrest


When a tank knocked down his block wall with a boom, waking him from a sound sleep, Jesus Llovera scrambled out of bed and grabbed his jeans and a phone to dial 911.

He made it to the hallway just as his bedroom windows shattered. At his door, members of a Maricopa County Sheriff's Office SWAT team in full riot gear told him to get on the floor.

He was handcuffed and taken outside, where action-movie actor Steven Seagal waited, clad in camouflage and sunglasses and hoisting a rifle.

"I looked up and saw his face," Llovera said. "It was very strange."

The SWAT team was at Llovera's Laveen home the morning of March 10, 2011, to search it.

Deputies suspected that Llovera, who had pleaded guilty to a misdemeanor violation of being present at a cockfight, still had roosters and chickens on his property, a violation of his probation. They also suspected he was raising them to fight, a Class 5 felony.

But the Sheriff's Office was also participating in the creation of a reality show, "Steven Seagal: Lawman," a cable show that followed Seagal's exploits as a deputized officer. Four cameras from the production company filmed the warrant execution and arrest. Arpaio's office had alerted the media. Reporters and television cameras lined the southwest Phoenix neighborhood's street.

This week, Llovera struck back. Llovera, 43, filed a civil lawsuit Tuesday against the Sheriff's Office and Seagal, claiming his arrest was orchestrated to make for good television. He seeks unspecified monetary damages to be determined by a jury.

The suit, which also names the county Board of Supervisors, says it fit a pattern of Arpaio "arresting and prosecuting individuals without probable cause solely for the selfish and improper purposes of achieving personal and political gain through publicity."

The Sheriff's Office insists in court documents that the use of a tank, a bomb robot and 40 deputies was part of its normal course of duties.

"The search warrant was going to occur with or without Seagal," sheriff's Deputy Chief Dave Trombi said before the lawsuit was filed. "The search warrant was not based at all on the needs of the production company."

After the raid, Llovera was criminally charged with raising animals for cockfighting and possession of dangerous drugs used on the animals. At the time, he was not supposed to have the animals in his possession because he was on probation for a cockfighting-related offense.

Robert Campos, Llovera's attorney, has asked the court in the criminal case to throw out evidence discovered at Llovera's home, arguing that the warrant was not served property.

Campos said his client was not involved with cockfighting, as authorities suspect. But, even if he were, the raid "was still overkill, and that's the whole point."

The Arizona-filmed episode of "Steven Seagal: Lawman" was to premiere on the A&E Network on Jan. 4, but the season was pulled from the schedule and the channel's website.

At the time of his arrest, Llovera said, Seagal walked him off his property to a van but did not speak to him. Seagal went off to do media interviews. Show producers asked Llovera to sign a release allowing them to use footage of his arrest. Llovera said deputies removed his handcuffs twice as producers asked him to sign. He refused.

"They said, 'It will be good for you, so everyone can see your animals,' " Llovera said. "I said I didn't want to."

Deputies found more than 100 roosters on the property. Court records say some had been physically altered in ways suggesting the birds had been bred for cockfighting. Since such birds are too aggressive to be rehabilitated, deputies said, they were euthanized.

Deputies also found medicines, charging Llovera with possession of dangerous drugs, and accessories, like sparring balls.

Deputies interviewed Llovera for 90 minutes, according to a prosecution filing in court.

"During that time, defendant equivocated between saying that the roosters were being raised solely for show purposes and then stating that he was raising the roosters so that they could be sold to people who would use them for cockfighting," it said.

Llovera, during a recent tour of his home, told a reporter that he bred the birds to show their colorful plumage. But he did not know when the next rooster show was, or anything about competitions for rooster beauty or breeding.

He showed a copy of Gamecock magazine, saying he's just like dealers who sell in that publication. The Humane Society calls the magazine a thinly disguised journal for cockfighting fans.

Llovera walked with a reporter through three rows of cages in his backyard for the 40 birds he owns.

To show his birds weren't meant for fighting, Llovera put his hand into a cage. The rooster backed up. Had they been fighters, he said, they would be used to handling and could be easily approached.

He conceded he trimmed some birds' wattles and combs, but only so the birds could place their heads through the bars of their cages to eat. He said a room authorities thought was a training ring is where he practices Santeria, a religion that includes animal sacrifice.

Llovera said he grew up a fan of cockfighting, watching battles in his native Cuba. He attended cockfights in Arizona when they were legal. Voters banned the practice in 1998.

"Those are traditions that you bring with you," Llovera said, "and it was in Arizona. It was a tradition that was in Arizona."

Llovera was one of 69 people arrested at a cockfight in Tonopah in May 2010. He pleaded guilty to being present at a fight and was given probation.

Phoenix police went to Llovera's home in February 2011 to investigate a man's claim that Llovera had kidnapped him and held him hostage for four days. Llovera told his own story of being kidnapped and having his pinky chopped off in the desert.

Confronted with differing stories, police didn't pursue the kidnapping case. But they did send the information about the roosters on Llovera's property to the Sheriff's Office.

That resulted in the search warrant that led deputies, with Seagal in tow, to storm Llovera's home. Trombi said the allegations against Llovera justified the sheriff's use of force.

"When SWAT is requested, it's based on previous history surrounding that suspect and that residence. Phoenix police did it with just as many if not more SWAT personnel as we did," Trombi said. "We had a legitimate law-enforcement reason to be there, we had a legitimate document, a search warrant, signed by that judge to be at that property. And a year later, we're still in the litigation phase. We're not willing to back down from the charges the county attorney filed based on our investigation."

Llovera said he's frustrated thinking how much his life was upended by the bust. "At the end of it, I realized it was a show," Llovera said. "What they showed up for was to make a show, and they made one."

http://www.azcentral.com/community/phoenix/articles/2012/03/01/20120301mcso-seagal-sued-arrest.html

Wednesday, March 7, 2012

Phoenix Police Officer Arrested for Multiple Sex Assaults, Released to Attorney

CHANDLER - A Phoenix Police officer has been accused of sexually assaulting three women in Chandler. He turned himself in and was interviewed on Tuesday.

Wednesday, Chandler police confirm that Ricardo Orosco was arrested. At first Chandler police say they interviewed that officer and let him go. Now they're saying they technically arrested him.

They fingerprinted him, took a mug shot, and released him to his attorney.

Phoenix Police Officer Rick Orosco has been accused of sexually assaulting three different women in Chandler within the last six months.

Chandler police say they arrested him but didn't take him to jail -- instead releasing him to his attorney.

A police spokesperson said: "The public is now aware of who he is and what he has been accused of and he is not a flight risk, there is not a need to book.”

Chandler police saying it's not uncommon for them to refrain from booking someone into jail when they know where to find them and they have been cooperative with investigators.

Phoenix police put Orosco on paid leave last Thursday.

Officials confirm that on Thursday they launched their own criminal and internal investigation into whether Orosco harassed or stalked a female employee working in the South Mountain Precinct – unrelated to the sexual assault allegations.

“Certainly it was serious enough that we put him on leave at his home, assigned to his home so certainly we’re not taking this allegation lightly,” says Phoenix Police Sgt. Trent Crump.

Two years ago, Orosco was arrested after allegedly assaulting a girlfriend while off-duty. She told police he beat her after she refused to have sex with him.

The county attorney's office dropped the case, saying they didn't feel there was enough evidence to prosecute.

“There was a turn down, because of statements made by the victims that involved text messages where she stated she had lied about the allegations,” says County Attorney Bill Montgomery.

Orosco has been a Phoenix police officer for the past five years.

http://www.myfoxphoenix.com/dpp/news/investigative/police-officer-arrested-released-to-attorney-3-7-2012

Thursday, March 1, 2012

Phoenix officers back at work after photo inquiry

Six Phoenix police officers who were suspended for allegedly including photos of corpses that could have come from crime scenes in a holiday PowerPoint presentation have all been cleared of any criminal conduct and have returned to work, according to a Police Department spokesman.

The internal investigation that will determine whether the officers will be punished for violating department policies remains ongoing, said spokesman Sgt. Trent Crump.

The four detectives and two supervisors formerly worked in the investigations division but were reassigned to patrol duties while the internal investigation continues.

Police administrators suspended the officers after learning of the presentation, which was displayed at a holiday party late last year and allegedly included photos from crime scenes.

http://www.azcentral.com/community/phoenix/articles/2012/02/29/20120229phoenix-officers-back-work-after-photo-inquiry.html

Wednesday, February 22, 2012

Scottsdale Blackout March for Justice and an End to Police Brutality


Scottsdale Campaign for Justice and an End to Police Murder

Meeting at Scottsdale & Indian School Rd
8:00pm
until 11:00pm
Friday, February 24

**WEAR BLACK**
**BRING NOISE MAKERS**
**TAKE THE STREETS**

We will march, once again, for justice in Scottsdale over the killings of 6 people by officer James Peters.

We want to make it clear to the City of Scottsdale that we will not stop until justice is had by the victims, their families, and everyone else who was involved. We intend on seeing this through, and will achieve this goal no matter what.

We demand:
-Officer James Peters be immediately fired from his position

-Officer Peters be charged with murder

-Negligence charges brought against the Scottsdale Police Department for ever letting it get this far.

We will march once again through the streets of Scottsdale.

Be ready.

Report outlines fatal shot fired by Scottsdale police officer

Just before Scottsdale police opened fire on Jason Prostrollo, the former Marine appeared in the doorway of a friend's home holding two halves of a pool cue as he walked toward police.

"I saw a very methodical slow paced walk, like he knew what he was doing coming at us and he was gonna take us on," Lt. Ron Bayne told investigators following the Jan. 28 shooting. The incident was outlined in a 244-page police report released last week.

Bayne used his .40-caliber Glock pistol to shoot and kill the 25-year-old Prostrollo after police were called to the north Scottsdale home of Prostrollo's friends.

The friends had called police because Prostrollo was drunk and threatening the homeowner with a large hunting knife.

Bayne, a 19-year police veteran, told investigators that he has been in many situation where using deadly force was a potential option.

"We've given commands and people have complied. There was never an indication in my mind that (Prostrollo) had any intention of complying at all," Bayne said.

The day after the shooting, a police spokesman said officers could not use a Taser on Prostrollo because of windy conditions. The report says the officers were armed with Tasers and several officers mention windy conditions that night, however the report does not specify that is the reason a Taser was not used.

As Prostrollo walked toward officers, he made "karate-type moves" using the sticks, Bayne said.

Another officer described Prostrollo coming out in a stick-fighter position, with a stick in each hand on his sides.

Sgt. KC Moore told investigators that another officer was giving Prostrollo commands to stop, but Prostrollo did not listen.

"He had a very piercing stare. Almost like, I don't know if I wanna call a death stare, but he wasn't paying attention to what we were saying," Moore said.

As Prostrollo continued walking toward officers, the K-9 officer, who was giving Prostrollo commands to stop, yelled that he was going to release his dog.

At the same time, Moore said he heard two loud pops, which was Bayne firing his weapon.

Bayne's bullets hit Prostrollo, killing him and hitting the dog, which was taken to an animal hospital and survived.

How it all started

The incident began the night before at Ernie's Restaurant and Bar, 10443 N. Scottsdale Road.

Prostrollo's friends, a 50-year-old man and a 33-year-old woman, had known Prostrollo for about six months. Their names are redacted in the report.

The couple told police that they went to Erine's about 10:30 p.m. Jan. 27 to play pool and have some drinks. There, they ran into Prostrollo, who had told them he was a former Marine and had served in Iraq.

"That night, Jason was drinking but did not seem to be impaired," the 50-year-old man told police.

Later, the couple invited Prostrollo back to their house to play pool.

The three left Ernie's shortly after midnight and drove to the home in the 12000 block of north 135th Place.

A few hours later, the girlfriend went to bed and by this time, Prostrollo appeared to be drunk, different and more aggressive in his storytelling, the report states.

"Jason kept pouring himself more drinks, Jack Daniels and getting very liberal with the drinks," the man said.

About 3 a.m., the man called a cab for Prostrollo.

The cab arrived about 30 minutes later, and Prostrollo, who was unable to walk straight or complete his sentences, got in the cab, the man told police.

About 4 a.m., the cab driver called 911 to say that 10 minutes earlier, a man had held a knife to his neck and forced him to drive back to the house on 135th Place.

About 10 minutes later, the doorbell rang and someone was banging on the front door, the man told police.

He saw it was Prostrollo, and he allowed him into the foyer.

"Jason was at the front door and was very animated, talking nonsense and paranoid."

Prostrollo was rambling about his brother, his mission in the Marines and stating, "You know what you did."

The man offered to call another cab for Prostrollo and asked him to leave.

"I could see this guy was not all there right now," the man told police.

At about the same time, the 33-year-old woman called 911. She told the dispatcher that she had locked herself in the bathroom because a friend was threatening her boyfriend with a knife.

She heard her boyfriend call out her name, so she walked outside to the foyer and saw Prostrollo standing in the kitchen holding a large military-style bowie knife with a round handle and large silver blade. She saw Prostrollo put the knife down and she ran out of the house, where police met her.

Police then called the boyfriend on his cellphone and told him to exit the house. He complied. Moments later, Prostrollo exited the house. He was wearing a white tank top with his dog tags around his neck. The girlfriend told officers that Prostrollo was a former military man who possibly had post-traumatic stress disorder. Prostrollo's father later confirmed the diagnosis for The Republic.

"The subject has something in his left hand that looked like a pool stick. In his right hand he had something that looked like a darkened barrel of a rifle, just the barrel. Both objects appeared to be the same length. The subject had his hands raised up near his head holding the two objects," the report states.

Officer Anthony Sanborn, the K-9 officer, was instructed to give commands.

"At a point when it was clear that he wasn't listening to Sanborn, I started giving my own commands," Bayne said.

When Prostrollo reached about 7 yards away, Bayne said he fired two rounds without pause.

"From all my years of training ... with his level of violence that (Prostrollo) had displayed all night, it was clear to me that he wasn't gonna comply with our commands and he had every intent to hit one of our officers," Bayne said. "And I believe that that would've caused life-threatening injuries if he would have been successful with that."

Trio recalls run-in with Scottsdale officer involved in seven shootings



By: Hatzel Vela

SCOTTSDALE, AZ - New people are coming forward and talking about run-ins with the same Scottsdale officer who has been involved in seven police shootings.

Read the police report.

Megan Fells was with her boyfriend and their friend, Andrew Thomas, when Officer James Peters stopped them on Brown Avenue.

The police report Peters wrote said he first noticed the trio jaywalking, then stopped when he saw their license plate light not working.

Fells doesn’t think they were jaywalking and said she still has the same license plate light.

She said things quickly escalated when Thomas, who was sitting in the back seat, questioned Peters why he had to show his identification.

"If you don't give me your [expletive] I’m going to pull you out of the car and take it from you,” Fells recalled Peters said in the exchange.

Fells said Peters was screaming and yelling in her boyfriend’s face, who was driving the car.

"He most definitely has an anger issue. I didn’t hear a peep from the other officers. He [Peters] pretty much ran the show,” she said.

ABC15 checked out the police report and the stories were similar, except the situation seemed under control.

http://www.abc15.com/dpp/news/region_northeast_valley/scottsdale/trio-recalls-run-in-with-scottsdale-officer-involved-in-seven-shootings

Wednesday, February 15, 2012

New audit flags problems with Maricopa PD internal investigations

MARICOPA, AZ (CBS5) -

A just-released audit of the Maricopa Police Department showed 54 percent of citizens surveyed put the department's reputation at "poor to unsatisfactory."

"There was room for improvement here," said Brenda Fischer, who took over as city manager in May.

Fischer ordered the audit in response to complaints from citizens and employees. The review was conducted by Citygate Associates, LLC, and cost $42,000.

"We've struggled through some morale problems," said Fischer. "This audit allows us to be aligned and headed in the same direction."

She pledged accountability and transparency, starting with the audit that looked at nearly 200 internal affairs investigations over more than three years.

The review found employees had "little confidence" in internal affairs investigations, and many of the investigations dragged on too long.

Auditors recommended an independent third party review of these cases to "re-establish confidence."

Auditors also flagged an unusually high number of citizen complaints, writing that the department's been called the "last-chance department" for hiring officers with prior problems or credibility issues.

"I'm not a second-chance chief. I'm here because I feel that this city and police department has huge potential," said Chief Steve Stahl, of the Maricopa Police Department.

Stahl took over this week after serving as interim chief the past few months.

They are striving and starved to do good work. We need to give them a chance," said Stahl.

Stahl said he plans to change schedules soon to hold daily briefings with patrol officers to improve communication. Currently, officers work 12-hour shifts, three days a week – a schedule that does not allow for a briefing at the beginning of an officer's shift.

He also said he has an open-door policy, which he believes has made a difference already within the department.

As for the internal investigations, he said they don't know yet whether they'll take another look on their own or call in outside help to review the cases.

http://www.kpho.com/story/16937701/new-audit-flags-problems-with-maricopa-pd-internal-investigations?google_editors_picks=true