Friday, November 30, 2012
Former Phoenix police officer arrested in road rage incident
SURPRISE, Ariz. -- A retired Phoenix police officer has been arrested, accused of pointing a gun at another motorist in an apparent road rage incident.
The motorist was driving with his wife and two children just after 7:30 a.m. on Tuesday. As he was headed north on Cotton Lane, he tried to pass a dump truck and two other vehicles ahead of him.
The retired officer, 54-year-old Frank Marin, was driving his pickup truck just ahead of him. He also tried to pass the dump truck, but he apparently did not see the motorist’s car.
The motorist told police he honked his horn and braked to avoid hitting the pickup, and both vehicles ended up stopped at the intersection.
According to the police report, when the motorist looked over at the pickup, Marin was pointing a Glock 27 handgun at him.
Police say the motorist rolled down his window and yelled, "Go ahead, shoot me!" Marin then reportedly lowered his gun, put his truck in reverse, but then collided with another car.
When officers arrived, Marin at first denied that he had a gun. But he couldn't explain how the victim knew he had a gun and what it looked like, according to court documents. Upon further questioning, Marin admitted having a weapon in his vehicle.
An officer searched the car and reportedly found the gun under the seat. It had a fully loaded magazine inserted and a round in the chamber.
According to the police report, Marin told an officer he had thought that the other driver was going to be aggressive toward him. At that time, Marin was taken into custody. He faces charges of endangerment, misconduct involving a weapon and threats and intimidation.
Marin has since been released on bond. He’s due back in court on Tuesday.
Marin is a retired is a retired Phoenix police officer and is currently a reserve police officer.
http://www.azfamily.com/news/former-phoenix-police-officer-arrested-in-apparent-road-rage-incident-181556061.html
Tuesday, August 7, 2012
Hundreds of Arizona cops retire under scrutiny
CBS 5 Investigates found that in many cases, they took a full pension and benefits with them - seemingly retiring their troubles away.
"I served 23 years with absolutely no discipline," said former Phoenix Police Officer Philip Shores.
Shores is correct. Even though an internal audit found he mishandled nearly 80 percent of his child sex crime cases, he was never disciplined. Instead, he retired with a full pension.
"I've had no contact with the police department since I retired," Shores told CBS 5 News during an interview last week.
Shores is not alone.
"It's absolutely frustrating," said Chief Phoenix Police Chief Daniel Garcia.
He spoke candidly about the issue.
"We're in an atmosphere where we have to show transparency to our community and show accountability to our community," Garcia said.
The controversial practice of retiring to escape punishment extends across the state.
Take Goodyear Police Chief Mark Brown and commander Ralph McLaughlin - both were accused of covering up a hit-and-run that killed 18-year-old Jered Pendleton from Avondale. Both retired.
Lt. Col. Jack Hegerty with Arizona's Department of Public Safety accepted Arizona Diamondback tickets from an agency DPS regulates. Rather than face two days suspension for the conflict of interest violation, he retired.
This summer, Phoenix police Sgt. Arnold David got caught on surveillance allegedly pocketing several thousand dollars during a robbery call. He too, retired.
"I think the guy ought to go to prison," said Bill Louis, former Phoenix police assistant chief and IA investigator.
Louis spent years investigating officers that were accused of violating policies and even breaking the law.
These cases are not always a cut and dry situation.
State law requires that Arizona POST, which certifies police officers, be notified when an officer quits. And that officer can't get a another law enforcement job in-state - until the investigation is over. [Click here to read the Arizona POST report on all misconduct and criminal cases they've handled]
Criminal cases have more clear-cut rules.
"We have pursued charges against an officer even after they quit," Louis said. "We've had goodness - we've had officers for bank robbery, for theft, for drugs, for stealing property - and they quit. And we still went after them criminally."
In the last decade, more than 1,700 police officers were investigated on criminal charges of: assault, drug use, sexual misconduct and the list goes on and on. Of those 1,700 officers, 617 lost their certification and will never be able to work as cops again in this state.
Even Chief Daniel Garcia said those criminal prosecutions are not good enough.
"We want to be able to hold our officers accountable from an administrative standpoint and criminal," Garcia said.
http://www.kpho.com/story/19193186/hundreds-of-arizona-cops-retire-under-scrutiny
Monday, July 30, 2012
Family of man who was killed by Chandler cops during arrest speaks out
Ralph Gamboa’s sister, Lisa Gambo, told 3TV that her brother was healthy and not using drugs during Friday’s confrontation. She also said the police have provided little answers to the family.
“I don’t think they did the right thing holding him down and doing what they did to him. He fought I understand that. They should have did something else,” said Lisa Gamboa.
Chandler Police attempted to arrest Ralph Gamboa on Friday for a felony warrant. Officers and Gamboa eventually got into a physical confrontation, which included the use of a Taser.
Gamboa became unresponsive during the altercation and was rushed to a local hospital where he was pronounced dead.
Gamboa’s family has alleged that the police used excessive force.
“We did not use excessive force at all. In fact, this textbook per our policy,” said Chandler Police detective Seth Tyler.
All of the officers who were a part of the physical confrontation were placed on paid administrative leave pending the outcome of the investigation.
http://www.azfamily.com/news/Family-of-man-who-died-while-being-arrested-speaks-out-164155146.html
Wednesday, February 22, 2012
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.
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-shootingsMonday, November 21, 2011
Goodyear police spokesman put on paid administrative leave
The Goodyear Police Department's spokesman has been placed on paid administrative leave.
Interim Police Chief Bill Cusson confirmed Friday that John Rowan, a civilian employee who also is the assistant to the police chief, was placed on administrative leave Wednesday as the "result of an internal investigation."
Cusson would not say what allegations are being investigated. He said whether Rowan returns to work or is terminated "would depend on the outcome of the investigation at this point."
Rowan declined comment, citing city policy.
The move is the latest development in the inner turmoil that has plagued the Goodyear Police Department this year.
Rowan was reassigned last November and in January told city leaders he felt the move was retaliatory for sworn testimony in a federal lawsuit he gave the day before he was reassigned.
The lawsuit is related to the hit-and-run death of 18-year-old Jered Pendleton April 6, 2008, that involved a Goodyear officer. In his testimony, Rowan recounted a possibly incriminating conversation in Police Chief Mark Brown's office the day after the hit-and-run.
City Manager John Fischbach said at the time the reassignment was not retaliatory and was meant to preserve the integrity of an investigation spurred from Rowan's testimony. Rowan was moved back to his post in April after the investigation was completed.
That investigation turned out to be an independent inquiry into the department's handling of the Pendleton case, which concluded the department mishandled the investigation and officers protected one of their own.
Brown retired abruptly March 30 after the investigation was released, and Cmdr. Ralph McLaughlin, the department's second in command, resigned July 18 amid additional investigations into mismanagement and misconduct allegations.
A department-wide management audit released in August found several issues, including inadequate ethics and professional-conduct training, poor internal communication, and little accountability for professional standards.
Auditors made 31 recommendations, many of which Cusson already had addressed since taking over the department in April.
