Scottsdale’s legal fees grow in 2 police shootings

Scottsdale has agreed to spend more money to defend against lawsuits brought by the families of two men shot by police in separate incidents in 2012 and 2008, bringing the total authorized to date to nearly $1.6 million.

This month, the City Council approved paying up to $75,000 in legal fees for an appeal in the 2008 case of David Hulstedt, 35, who became a paraplegic after two Scottsdale sergeants shot him in the back as he was walking toward his house carrying his 2-year-old daughter, according to court records.

The council also approved spending up to $350,000 in the Feb. 14, 2012, fatal shooting of John Loxas Jr., 50, who was holding his 7-month-old grandson when he was shot and killed by Officer James Peters.


The city has authorized more than $1 million total in legal fees for the Hulstedt case and up to $515,000 in the Loxas case, according to  Mike Phillips,  a Scottsdale spokesman.


Loxas was the seventh Scottsdale resident Peters had shot in the line of duty since 2002. Six of the suspects died. Peters was granted a disability retirement this year.

The families of Loxas and Hulstedt filed lawsuits seeking damages against Scottsdale officials. Loxas’ family seeks $7.5 million from Peters, the city, Police Chief Alan Rodbell and Detective Brian McWilliams, according to documents prepared for the City Council.

Hulstedt’s family seeks $40 million from the city and 19 police officers and former employees, the documents said.

Both shootings were deemed justified by the Police Department’s Deadly Force Review Board, according to records, as were Peters’ prior shootings while on duty.

A federal judge disagreed with the review board in Hulstedt’s case, finding that “reasonable” officers would not have fired at Hulstedt, who had psychological issues, was unarmed, made no sudden movements and held his daughter.

The judge further said the baby could have been hurt. In fact, the baby did fall 6 feet to the ground and suffered a minor facial injury, according to the ruling. The judge also noted that police did not warn Hulstedt before they fired.

After three of four police-fired bullets struck Hulstedt, police handcuffed and dragged him facedown 400 feet to paramedics, the judge found.

Hulstedt was suffering from anxiety and paranoia when he called Scottsdale police the day he was shot and demanded that U.S. Homeland Security Secretary Janet Napolitano come to his house, according to the ruling.

Police ascertained he was having psychological difficulties, but they were concerned about the safety of Hulstedt’s daughter because Hulstedt threatened to “pile-drive” her, according to court documents.
The judge ruled that the officers are not immune from damages stemming from the suit.

“Considering ‘the totality of the facts and circumstances’ in the particular case, no reasonable officer could have believed that shooting David without warning, while he calmly walked back towards his house with (his daughter) over his head, was a proper means of protecting (her) safety,” the judge said in his ruling.

“Neither Sgt. Richard Slavin nor Sgt. James Dorer warned (Hulstedt) that they would shoot him if he did not comply with their commands, and both of them shot him in the back as he was walking away from them and towards the house.”

The council Nov. 13 approved up to $75,000 with the law firm of Osborn Maledon to appeal the judge’s findings to the 9th U.S. Circuit Court of Appeals. The partners of the firm, which has experience with appellate litigation in excessive-force cases, will make $370 an hour, according to City Council documents.

It is unclear how much money the city has spent on prior legal action in either the Hulstedt case or Loxas case or in other lawsuits against retired Officer Peters.

The council approved up to $250,000 in attorney’s fees and up to $100,000 in other litigation fees to the law firm of Struck, Wieneke & Love of Chandler to represent Peters in the Loxas shooting. Lead attorney Kathe Wieneke will make $195 an hour, according to City Council documents. Separate counsel was retained for the city and other defendants.

Loxas’ neighbors had called police to his house Feb. 14, 2012, after he waved a gun at them, according to police reports. He was walking back to his house holding his grandson when he was shot, according to court documents.

The lawsuit filed on his family’s behalf by the American Civil Liberties Union claims that Scottsdale police failed to adequately investigate Peters’ prior shootings and that he should not have been armed and on the force the day Loxas was killed.

http://www.azcentral.com/community/scottsdale/articles/20121112scottsdale-legal-fees-grow-cases.html

Burglary suspect shot by deputy in Tempe dies

 A Tempe cop yelling at bystanders to leave

A Maricopa County sheriff's deputy shot and killed a burglary suspect Thursday along the canal that separates Tempe from Guadalupe.

The Sheriff's Office was assisting Tempe police, who were looking for suspects in a burglary in a nearby neighborhood earlier in the morning.

The man who was shot was identified late Thursday afternoon as Joel Smith, 19. Smith was pronounced dead after he was taken to Maricopa Medical Center for treatment.

Deputy Jeff Sprong, a Sheriff's Office spokesman, said Smith was armed with a knife.

Two women who live nearby in Guadalupe said they heard shots and ran outside to see what was happening. They said Smith appeared unarmed as he walked toward the deputy.

"You could tell he had nothing in his hands," said Sandra Reyes, who was worried that her great-grandchildren would be hit by the gunfire. "It looked like he was trying to surrender."

Sabrina Garcia told a similar version, saying, "He wasn't trying to attack the cops."

But Sprong said the women were mistaken and that the shooting was also witnessed by several Tempe police officers.

"The incident as explained to you by neighbors did not happen," Sprong wrote in an e-mail.

"He did threaten our deputy. Our deputy did shoot that individual," Sprong said. "This deputy obviously felt his life was in danger."

Sprong did not release the deputy's name but described the deputy as a "seasoned veteran," adding, "this isn't something he wanted to do."

The burglary occurred about 9 a.m., less than a mile from the shooting scene, along the South Branch Highline Canal, west of Hardy Drive and Guadalupe Road.

http://www.azcentral.com/community/tempe/articles/20120913tempe-shooting-maricopa-county-deputy-involved-abrk.html

Family of man who was killed by Chandler cops during arrest speaks out

CHANDLER, Ariz. -- The family of the man who died while being arrested by Chandler Police has spoken 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

Board OKs disability for Scottsdale serial killer cop involved in 6 fatal shootings

 SCOTTSDALE, AZ (CBS5) -A Scottsdale board has approved a request for mental disability from a police officer involved in six deadly shootings in the past 10 years.

City of Scottsdale spokesman Kelly Corsette said Scottsdale's Public Safety Personnel System Retirement Board passed Officer James Peters request, which will now be forwarded to the state administrator for processing. It is expected to begin on July 1.

Peters applied for early retirement and disability benefits earlier this year. Peters' monthly pension is expected to be approximately $4,500.

Peters has killed more people than any other officer in the history of Arizona Law Enforcement.
The most recent death took place in February, when Peters and other officers responded to a call that a 50-year-old man was threatening neighbors with a gun while holding a baby.

One officer said that he spotted what was believed to be a weapon and Peters reportedly opened fire, killing James Loxas. The baby was not hurt.

 http://www.kpho.com/story/18851598/board-approves-disability-for-az-officer-involved-in-6-fatal-shootings#.T-QHRzA3xVA.facebook

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

Avondale police officer who shot, killed man placed on leave

An Avondale police officer who shot and killed a man Friday has been placed on paid administrative leave pending joint criminal and internal investigations, officials said.

The Glendale Police Department has taken the lead on the criminal investigation into the shooting death of 20-year-old Avondale resident Gregory I. Martinez by Avondale Officer Kevin Sapp, a patrol officer who has been with the force for two years, Avondale police spokesman Reuben Gonzales said. Investigators will determine whether Sapp handled the incident appropriately.

The Avondale Police Department is working with Glendale on the criminal investigation and also concurrently conducting an internal affairs investigation, Gonzales said. Both investigations and placing Sapp on administrative leave are standard procedures for officer-involved shootings.

Avondale hasn't had an officer-involved shooting where somebody was shot for at least six or seven years, he said. There was a shooting about four years ago, but officers did not hit anybody.

Gonzales said they brought Glendale in to head the criminal investigation because "they have a designated shoot team as part of their investigation, so that way we can get an outside view into the shooting as well."
Sapp responded about 4 p.m. Friday to a house on the 11700 block of West Yuma Street, near Maricopa County 85 and Avondale Boulevard, where it was reported Martinez was "being disorderly and causing damage to the residence," Gonzales said. When Sapp arrived, Martinez, who lived in the home with his mother and father, was out front holding two large knives.

Martinez didn't follow Sapp's commands to drop the knives and advanced on the officer while still armed with the knives, Gonzales said. Sapp fired his duty gun, striking Martinez.

"There was a perceived threat by Officer Sapp, and that's why he shot him," Gonzales said.
Martinez was airlifted to St. Joseph's Hospital and Medical Center in Phoenix, where he later was pronounced dead. Sapp was not injured.

Avondale officers had responded to the residence several times in the last three years for various calls, including domestic violence and disturbance calls, Gonzales said. It wasn't clear if Martinez was involved in the previous calls.

No other information was available pending the Glendale police investigation and the Maricopa County Medical Examiner's Office report, Gonzales said.

It was unclear how long the Glendale investigation would take, he said, especially considering officers also are investigating another shooting in Glendale the same day that left a Glendale officer dead.

Officer Bradley Jones, 27, died about 1 a.m. Saturday in the hospital after he was shot about 8:30 p.m. Friday during a confrontation at an apartment complex near 75th and Glendale avenues, police said. Responding officers pursued and shot the suspect, who remained hospitalized Monday.

http://www.azcentral.com/news/articles/2011/10/31/20111031avondale-police-officer-who-shot-killed-man-place-leave-brk.html

Family sues Phoenix over unarmed man's killing by police

PHOENIX - The mother of a 29-year-old Phoenix man who was unarmed when he was fatally shot is suing the city and the police officer who killed him.

The lawsuit against the city of Phoenix and Officer Richard Chrisman was filed on Aug. 31 in Maricopa County Superior Court. It seeks unspecified damages but KNXV reported that Elvira Fernandez originally sought $29 million in a notice of claim.

Chrisman has pleaded not guilty to charges of second-degree murder, aggravated assault and animal cruelty. His trial set to begin in November.

On Oct. 5 last year, court records say that Chrisman pulled his pistol, put it against 29-year-old Danny Frank Rodriguez's head and told him he didn't need a warrant when Rodriguez ordered him out of his house.

Chrisman then shocked Rodriguez with a stun gun, fatally shot his pit bull and then fatally shot Rodriguez.

http://ktar.com/category/local-news-articles/20110906/Family-sues-Phoenix-over-unarmed-man%27s-killing/

Man shot by Mesa police was unarmed

A 38-year-old man who was shot by Mesa police Thursday had threatened to kill them, but was not armed when he was shot.

Police originally said Thursday that Phillip A. Trimble was shot by three officers when he dropped a cellphone and pointed a gun at them.

But after further investigation, homicide detectives discovered Trimble had only simulated a weapon, acting as if he was grabbing a handgun tucked in his waistband before officers opened fire.

"It appears that he just simulated the weapon with his hand," said Detective Steve Berry, a police spokesman.

"He made the statement, 'I've got a .357 magnum, I'm going to shoot you guys," Berry said. "That why we had such a heightened response, because he made threats at officers."

Berry said officers discovered Trimble was not armed when the Maricopa County Medical Examiners Office arrived on the scene and moved the body.

The shooting occurred at 2:36 p.m. Thursday after police had convinced Trimble to step outside his home in the 9000 block of East Glade Avenue, near Southern Avenue and Ellworth Road.

Berry said Trimble had appeared unstable during a series of phone calls he made to police, starting at 1:13 p.m. He initially reported a robbery.

Berry said police found evidence that Trimble had been drinking prior to the shooting.

Officers wanted to help Trimble and only shot him when they perceived a threat to their own lives, he said.

"The ultimate goal is to help, not to hurt," Berry said. Police will review the case to see if there were other tactics that could have been used.

He said officers were too far away from Trimble to have used a Taser to subdue him.

Court records show Trimble had no prior history of violent acts. He had been sentenced a year ago in Maricopa County Superior Court to four months in prison after pleading guilty to aggravated driving under the influence of alcohol or drugs, but the sentence was suspended and he was placed on probation for two years.

http://www.azcentral.com/community/mesa/articles/2011/08/19/20110819mesa-police-shoot-unarmed-man.html

Sergeant Sean Drenth Death Investigation: "Significant Evidence Someone Was at the Scene"

The Phoenix Police Department held a press conference this afternoon to discuss the findings of the soon-to-be-released report on the investigation into the death of Sergeant Sean Drenth, who was found shot to death near the State Capitol last October.

The report, as Phoenix police officials explain, offers a lot of questions, but few answers as to who shot Drenth -- and it's still unclear whether his death was a suicide or murder.

One thing, however, seems clear: Drenth wasn't the only person at the scene in the 29-minute window from when he got there to when his body was discovered by a State Capitol Police officer.

Detectives were able to track Drenth's movements for the two hours prior to when his body was discovered via-a GPS device in his squad car. According to Lieutenant Joe Knott, head of the P.P.D.'s homicide unit, Drenth was doing routine patrol in the areas between 7th Avenue to the I-17, and Buckeye Road and Jefferson Street during the two hours before his death.

About 10:26 p.m., Drenth's vehicle pulled into a parking lot near railroad tracks across from the state capitol. The spot is popular amongst cops who often park there to do paperwork. Drenth activated a computer device in his cruiser that indicates when he's stopped someone, which suggests he'd encountered someone near the parking lot.

About 30 minutes later, his body was discovered next to the open passenger door of his squad car with a shotgun wound under his chin and his shotgun resting on his chest as he lay on his back.

"The biggest question is the position of the shotgun," Knott says. He notes, it's very possible someone staged the crime scene and placed the shotgun on Drenth's dead body, so finding the gun on his chest isn't the smoking gun (pardon the pun) that he killed himself.

Adding to the mystery is that Drenth's service weapon was found on the other side of a fence on the west side of the parking lot where his body was found. Another of Drenth's weapons was found next to his body. One bullet had been fired in the direction of where the other gun was found.

If Drenth killed himself, it seems he made the scene as confusing as possible for investigators -- unless someone found his body in the 29 minutes between when he got to the parking lot and when his body was discovered and moved evidence around; a scenario police aren't ruling out.

"We have significant evidence to suggest someone was at the scene," Knott says. Finding out who that person was is the problem investigators continue to face.

Based on police interviews with friends and family, it doesn't seem as though Drenth was the kind of guy who wanted to kill himself.

"Absolutely nobody thinks Sean Drenth would have killed himself for any reason," Knott says of those close to the dead sergeant.

In his own opinion of whether Drenth was murdered or committed suicide, Knott doesn't know what to think.

"I started at 50/50 [in terms of whether it was murder or suicide]," he says. "Throughout the investigation, that's shifted in both directions...it's extremely frustrating."

Knott says we may never know exactly what happened to Drenth, but the case remains open and the department will continue to investigate.

http://blogs.phoenixnewtimes.com/valleyfever/2011/05/sergeant_sean_drenth_death_inv.php

Richard Chrisman, Killer Cop, Feted by PLEA at BBQ/Fundraiser This Thursday

azplea.com

No shame in PLEA's game, as you can see

​

I have to wonder if the Phoenix Law Enforcement Association would be so supportive of fired killer-cop Richard Chrisman if his victim had been white instead of Latino.

PLEA has gone all out to back Chrisman, who has kept his lips zipped about the October 5 shooting of unarmed south Phoenix resident Daniel Rodriguez. Simultaneously, the police union has taken great pains to smear Phoenix Police Officer Sergio Virgillo, the other cop present when the shooting went down.

Virgillo told investigators there was no reason for Chrisman to shoot Rodriguez and his dog. Neither were a serious threat to either officer, according to Virgillo. Chrisman currently faces charges of second-degree murder, animal cruelty, and aggravated assault over the incident.

Rodriguez's mother recently filed a notice of claim with the City of Phoenix for $30 million.

Chrisman's a PLEA member, Virgillo is not, though PLEA technically represents both men under the union's Memorandum of Understanding with the city. PLEA helped Chrisman make bail, and PLEA President Mark Spencer and PLEA lobbyist Levi Bolton have tried to influence the Maricopa County Attorney's case against Chrisman.

Spencer and Bolton made contact with MCAO liaison Keith Manning, raising the issue of the Chrisman case with him. And 48 hours after the shooting, Spencer called a detective at the PPD's Drug Enforcement Bureau to dig up dirt on Virgillo and his wife. (Spencer refused to be interviewed by MCAO investigators over the matter.)

KPHO/Channel 5 (a.k.a., "PLEA TV") later ran a piece detailing Virgillo's wife's conviction for being part of a drug trafficking scheme. According to an interview done by the MCAO with the same cop Spencer pumped for info, wiretaps on Virgillo at the time revealed he had no knowledge of his wife's lawbreaking.

Now PLEA, which has transformed itself under Spencer's watch into an anti-immigrant lobbying group, is holding a BBQ/fundraiser for Chrisman, who was recently axed by the PPD. The BBQ will take place at PLEA's offices at 1102 West Adams Street in Phoenix this Thursday from 11 a.m. to 2 p.m., 5 p.m. to 10 p.m., and 10 p.m. to 1 a.m.

Whether or not Chrisman is found guilty of second-degree murder, his activities have been a stain on the department. First there was the 2005 incident where he planted a crack pipe on a homeless, mentally ill African-American woman, which landed him on the MCAO's Brady list.

He should have been fired then, but he was given a day's suspension instead. Then there was his involvement in the PPD's off-duty scandal.

Bottom line: Chrisman is a bad cop, and deserves his dismissal. And PLEA, with this BBQ and its other actions, has let us all know what sort of organization it is.

My guess is that PLEA would not have been so forthcoming had Rodriguez's last name been Jones, if you catch my drift. PLEA has defined itself as anti-Hispanic, despite having a few minorities on its staff and board. This includes Bolton, who is African-American, but still cops PLEA's bigoted line toward Latinos.

Yeah, Chrisman has (or had) a Hispanic girlfriend. That doesn't spare him or PLEA in this, no matter how often Chrisman parades her before the cameras.

(I should point out that PLEA's views are not the same as all of the officers they represent, certainly. In fact, PLEA's dues-paying membership has been steadily declining over the last couple of years.)

PLEA's anti-Hispanic stance as well as PLEA's unwavering support of Chrisman will taint it for some time to come. This BBQ should be closely monitored by the press. Those who attend should be scolded for lending aid to a man who has so clearly disgraced the profession of law enforcement.

http://blogs.phoenixnewtimes.com/bastard/2011/04/richard_chrisman_plea.php

Richard Chrisman, Killer Phoenix Cop, Canned (Finally!)

Phoenix Police Officer Richard Chrisman, who faces a second-degree murder charge in the October 5 shooting death of South Phoenix resident Daniel Rodriguez, was terminated today by the City of Phoenix.

Phoenix Police Department spokesman Sergeant Tommy Thompson issued the following statement to the press via e-mail:

"In answer to questions from the media, a Loudermill Hearing was held today for Officer Richard Chrisman. The decision was made to terminate Officer Chrisman's employment. The separation process is anticipated to conclude by early next week."

Public Safety Manager Jack Harris was looking to fire Chrisman back in early November, but Chrisman's civil attorney Kathryn Baillie, who works for the firm that represents the Phoenix Law Enforcement Association, sought and received a preliminary injunction from Superior Court Judge Donald Daughton, putting plans to kick Chrisman to the curb on hold.

But on February 28, Daughton issued a minute entry, allowing Baillie to file a special action with the Arizona Court of Appeals to seek a further stay. Daughton stated that unless the Court of Appeals ruled otherwise, his preliminary injunction order would be lifted.

The Court of Appeals denied Baillie's motion for a stay on March 18, opening the way for the City to conduct a Loudermill hearing, which is the hearing of last resort before a public employee is axed.

Obviously, it didn't go too well for Chrisman.

PLEA has vigorously defended the dues-paying Chrisman, bailing him out of jail, assisting him with legal representation, and doing its best to undermine the account of the shooting offered by non-PLEA member Officer Sergio Virgillo.

Helping members with legal representation is one of PLEA's duties, of course. Sliming a fellow cop? PLEA does that for pure joy, apparently.

Both Virgillo and Chrisman responded to a 911 domestic violence call from Rodriguez's mother on October 5. Rodriguez was unarmed, though a toxicology report later showed he had meth in his system.

During the incident, Chrisman killed Rodriguez's dog and struggled with Rodriguez, eventually gunning the man down. Virgillo told investigators that neither Rodriguez nor the canine posed a threat to either officer.

Chrisman refused to speak to investigators and quickly lawyered up, with the assistance of PLEA. In addition to the second degree murder charge, he's facing a charge for aggravated assault and cruelty to animals.

Last week, Rodriguez's mother Elvira Fernandez filed a $30 million notice of claim against the City of Phoenix for the wrongful death of her son.

One wonders how much money, pain and agony could have been avoided if the City had fired Chrisman after he admitted to planting a crack pipe on a mentally ill homeless woman in 2005, an outrage that was captured by a security camera.

This grotesque, and likely criminal shenanigan landed Chrisman on the Brady List, the County Attorney's roll call of cops whose bad behavior must be disclosed to defense counsel.

Chrisman should have had his Loudermill hearing then. This is regardless of whether he is innocent or guilty of second degree murder in the 2010 Rodriguez killing.

You can anticipate the spin from PLEA and its sleazy president Mark Spencer. In fact, you may see it tonight on CBS 5/KPHO, otherwise known as "PLEA TV."

http://blogs.phoenixnewtimes.com/bastard/2011/03/richard_chrisman_killer_cop_te.php

Eyewitness: Shooting Victim Did Not Point Gun At MCSO Deputy

MESA, Ariz. -- An eyewitness to a deadly shooting involving a Maricopa County Sheriff's deputy disputes the sheriff's account of how the shooting happened on Crescent Avenue in Mesa on Friday night.

Miguel Hernandez said he watched a deputy shoot Felipe Castellanos, his neighbor, from his front window.

"The sheriff's deputies just came up running up to him and then they told him to turn off the engine. And he just put it in park, like he was going in reverse. He put it in park . . . and then they he shot him three times," said Hernandez.

On Monday, Maricopa Sheriff Joe Arpaio said Castellanos had threatened deputies with an AK-47 before he was shot two times.

Arpaio said Castellanos died from his gunshot wounds Monday morning.

"When a deputy approached, he was acting strange; swearing at our deputy, pointed a rifle at our deputy, who fired the two shots, one hitting the subject in the head," said Arpaio.

"I never saw that. I was right here and it happened right there. I, I never saw him raise his gun or anything," said Hernandez.

Deputies say they were called to Castellano's Crescent Avenue home for a domestic dispute around 10:30 p.m.

A spokesman said Castellanos fired gun shots, possible into the air and left his home.

They said Castellanos returned to his home a short time later and grabbed an AK-47 and ammunition from his home.

He encountered deputies as he was trying to back out of his driveway.

"I praise my deputy for taking proper professional action," Arpaio said. "When you have a person like this, that has all the ammunition, the gun, what was he going to do if we did not stop him?"

Arpaio said Castellanos is a convicted felon and an illegal immigrant.

Hernandez described Castellanos as a friendly neighbor.

He said Castellanos did not seem prone to violence and does not think he was trying to hurt deputies.

"They should do something else, not kill him," he said.

An MCSO spokesperson refused to identify the deputy involved in the shooting.

CBS 5 has requested records from the incident and will let you know what we find.

Phoenix police: DNA yields no leads in officer's fatal shooting

Forensic efforts to link DNA evidence collected at the scene of Phoenix police Sgt. Sean Drenth's fatal shooting have yielded no results, according to investigators who believe additional analyses could take several more months.

More than 10 weeks ago Drenth was found dead Oct. 18 alongside his patrol vehicle in a line-of-duty tragedy that has baffled detectives who have yet to confirm if Drenth was murder or if he committed suicide.

As the investigation continued earlier this month, Drenth was implicated in an off-duty work scandal reviewed by the Arizona Attorney General's Office. The case led to felony charges against three current Phoenix police officers and a former officer.

Phoenix police leaders said Drenth could have also faced felony charges because the sergeant's alleged misconduct would have met the criteria for grand-jury consideration. He was among the officers accused of receiving money for off-duty security work they didn't perform.

Drenth, a longtime south Phoenix patrolman, was found dead around the time Phoenix learned about the Attorney General's Office investigation.

Officers investigated as part of the Attorney General's Office probe were required to submit DNA samples for the Drenth homicide investigation.

On Tuesday, Phoenix police Sgt. Trent Crump announced that investigators have failed to make a link between DNA samples and evidence collected from the scene of Drenth's death.

"The overall processing of the evidence and comparative analysis is not complete and is expected to take several months," Crump wrote in an e-mail. "We will continue working on the case until all leads have been exhausted."

The Maricopa County Medical Examiner's Office has not yet released Drenth's completed death investigation. Reports take as long as three months, meaning that an official record would likely be released by Jan. 18.

http://www.azcentral.com/news/articles/2010/12/28/20101228phoenix-police-dna-drenth-fatal-shooting-brk.html

Divers recover 2 people from Arizona canal

Two kids murdered by policy and the enforcers of the brutal regime of law and order

GILA BEND - The Maricopa County Sheriff's Office says the bodies of two suspected illegal immigrants have been recovered from a canal near Gila Bend along Old Route U.S. 80 west of Phoenix.

The Sheriff's Office said Thursday they believe these may be the two people who had jumped into the canal late last week.

Sheriff's Office spokesman Jeff Sprong says the teenagers went missing after a Sheriff's deputy pulled over a sedan carrying five illegal immigrants on a traffic violation near Gila Bend last Thursday night.

All five ran away from the vehicle and made their way into the canal. Three of the five were found later by deputies.

Authorities say the description of the clothing is consistent with what was recovered Wednesday night.

The investigation is ongoing.

http://www.azcentral.com/news/articles/2010/12/23/20101223arizona-immigrant-bodies-pulled-from-canal.html

Two Children -- Feared Drowned in Canal Near Gila Bend After Running From MCSO Deputy

The Maricopa County Sheriff's Office fears that two children believed to be undocumented immigrants -- both under the age of 18 -- drowned in a canal near Gila Bend after fleeing a car pulled over by a sheriff's deputy last night.

MCSO spokesman Jeff Sprong says the sheriff's dive team is headed to an area of the canal near mile post 11 on old US 80 to try and locate the bodies if the two did in fact drown.

The incident happened about 8:30 p.m. yesterday when a sheriff's deputy made a routine traffic stop on US 80. When the car came to a stop, the deputy says he watched five people jump out and start running from the vehicle.

The five suspected undocumented immigrants jumped into the nearby canal in an attempt to evade the deputy. At the time, the MCSO says, the canal's water flow was heavy.

Three of the suspects were pulled from the canal, while deputies were unable to locate the other two.

Last week, deputies rescued a minor from the same canal, in the same general area, Sprong says.

http://blogs.phoenixnewtimes.com/valleyfever/2010/12/two_suspected_illegal_immigran.php

Phoenix police officers indicted on fraud, theft charges. All four were ordered to submit DNA in the death investigation of officer Sean Drenth

Dirty Phoenix cops: Sgt. Benjamin Sywarungsymun (from top left, clockwise), George Contreras, Officer Steven Peck and Officer Aaron Lentz

Three current and one former member of the Phoenix Police Department indicted on felony theft charges pleaded not guilty Wednesday to taking money for off-duty security work that allegedly was never performed.

The charges against former Officer George Contreras and current Officers Benjamin Swarungsymun, Steven Peck and Aaron Lentz cap a three-year state investigation into the officers' involvement in an off duty security job.

Meanwhile, KTAR Radio reports all four men were ordered by the court to submit DNA samples in the death investigation of Phoenix police Officer Sean Drenth. Contreras' attorney Cary Lackey says there's no connection between the security case and Drenth's death.

Police Chief Jack Harris says Drenth's alleged misconduct involving off-duty work would have been taken to the grand jury for consideration of charges.

http://www.azcentral.com/news/articles/2010/12/01/20101201phoenix-officers-theft-case-pleas.html

3 Officers Indicted in Overtime Investigation: Sgt. Drenth, Ofc. Chrisman were involved, Police Chief says

PHOENIX - A jury has indicted three current and one former member of the Phoenix Police Department on felony theft charges -- and had Sgt. Sean Drenth still lived -- he would be indicted too.

According to the indictment, officers in the South Mountain Precinct billed businesses for off-duty work they allegedly did not do.

This is a story we've been following for weeks now.

It involves a troubled apartment complex in south Phoenix. One of the alleged businesses, Cotton Center Townhomes, suffered the largest hit -- involving a security job contracted with the Phoenix Police Department by three homeowners associations to help reduce crime in the area.

The officers allegedly billed the business for off-duty security work that was never performed. All of the officers work or worked at the South Mountain precinct.

Former Officer George Emil Contreras was indicted on four felony counts, including fraud and theft. Current Officers, Steven Peck, Aaron Lentz and Sgt. Benjamin Sywarungsymun were also indicted on theft charges related to off-duty work. Contreras resigned shortly after the investigation started, just two years away from being able to retire with his full pension.

Contreras is alleged to have committed thefts in excess of $9,000, Lentz $2,000, Sywarungsymun $1,800 and Peck $1,700. According to the indictment, total losses are in excess of $16,000.

During a 3:30 p.m. press conference, Public Safety Manager Jack Harris said that an additional 25 officers were investigated. Those officers did not rise to the level of charging by the Attorney General's Office, but will be turned over the Professional Standards Bureau for a misconduct review. The officers' future with the department will be decided once their investigation concludes.

Sgt. Sean Drenth was part of the investigation and would've met the AG's office's criteria for a criminal charge, Public Safety Manager Jack Harris said. He said that if Drenth had not been deceased, he would be facing a felony indictment.

Sgt. Drenth was killed one month ago and no arrests have been made in the case -- his death is being investigated as a homicide but suicide has not been ruled out.

"I don't know if he knew he was facing indictment, but he knew that he was part of the investigation because all of the employees had been interviewed."

Harris also added that Officer Richard Chrisman is one of the 25 officers being investigated for misconduct -- but the AG's office determined his actions did not rise to the level of a crime. Chrisman has been charged with murder in the death of a suspect.

In spite of the announcement, Harris defended his department largely, saying these bad apples do not represent his department as a whole.

"It's criminal in some cases, it's misconduct, but it's not corruption in the traditional sense... so painting the Phoenix Police department as a corrupt agency is not fair," Harris said. "If we were a corrupt organization I wouldn't be telling you what's going on. I wouldn't be standing up here and explaining to you our position on what has occurred."

Since this came to light, there's been a big shake-up at the precinct with a group of officers being reassigned. Harris also said he will be reviewing the off-duty police officer security work program. The involved employees are suspended from performing off-duty work as of now.

http://www.myfoxphoenix.com/dpp/news/local/phoenix/officers-indicted-overtime-investigation-11182010

Late Timing of Detention Officer's DUI Arrest Questioned

Maricopa County Sheriff's detention officer Adrian Salazar Guzman

GOODYEAR, Ariz. - A 26-year-old woman died in an accident caused by a suspected drunk driver -- and that driver, a Maricopa County Sheriff's detention officer, wasn't arrested until two weeks after the crime.

Adrian Salazar Guzman had a blood alcohol level of nearly 3 times the legal limit. It has many people asking why his arrest took so long.

Guzman has been charged with negligent homicide and several DUI-related charges in the death of 26-year-old Alisha Trejo. Court documents allege he ran a stop sign and hit Trejo, who was on a motorcycle stopped at the Goodyear intersection.

Her leg was amputated as a result of the impact and she died instantly.

At the hospital, Guzman admitted he had been drinking since 10 a.m. and felt "buzzed." A blood alcohol test taken by nurses at 2 a.m. registered at .225. At 4:23 a.m., DPS procured a search warrant and took another blood test, and the result was .14. The legal limit in Arizona is .08.

The accident happened on Oct. 16. But Guzman wasn't arrested until Oct. 29, nearly two weeks later. We've been trying to stay on top of this, but Goodyear Police has been very uncooperative with our questions and gave us the runaround.

FOX 10 wanted to know if this was standard procedure for Goodyear Police.

We called John Rowan with the department, and he says, Guzman's case was handled properly. When we asked him whether or not Guzman was given preferential treatment because he is a detention officer, the phone call was ended abruptly. We tried calling him back several times thereafter, and he didn't return the call.

It's a question that Alisha's grieving family also wants to know.

We called two law agencies in town to ask them what they think about the situation. One said that if a person was in the same position as Guzman, it is possible that he could have been released the same day. The agency would have slapped the driver with a DUI charge, opened an investigation, and then later on added a homicide charge in court.

The second agency said there is no way that guy should've been walking. The agency said it could take up to two weeks to get an accurate blood alcohol level read, but if a suspected drunk driver killed someone, it's just too serious. That driver should be taken to jail and not let out on the streets.

http://www.myfoxphoenix.com/dpp/news/crime/late-timing-of-dui-arrest-questioned-11-3-2010

Phoenix police officer indicted in fatal shooting

A Maricopa County grand jury has indicted a Phoenix police officer on a second-degree murder charge in the shooting of an unarmed man in south Phoenix on Oct. 5.

Officer Richard Chrisman was also charged with aggravated assault with a deadly weapon and cruelty to animals.

Interim Maricopa County Attorney Rick Romley and Phoenix Public Safety Manager Jack Harris announced the indictment at a news conference Thursday.

"I sincerely believe in these good men and women, and I believe that their example epitomizes all that is good about public safety in our communities today," Romley said. "But we as citizens put our trust and our lives in their hands, and when one abuses and violates that trust, we must hold them accountable to the community for that breach."

When asked why it took more than a week to obtain the murder charges, Harris said, "We make decisions based on the facts of the investigation, not rumors, not people being upset. We base them on facts."

Harris said he understood outrage in the community over the shooting of Frank Rodriguez, 29.

"I think the community should be angry," Harris said. "They should be upset. If it were my neighbor, I would be angry as well."

Later in the day, Elvira Fernandez, Rodriguez's mother, said at a separate news conference at her lawyer's office that when she heard about the new charges against Chrisman, "I thought, finally, thank God somebody heard us."

Fernandez said her son "didn't even know I called 911. I was emotional. I thought the police would have a talk with him. I told them, 'Don't hurt my son, just talk to him.' "

She said she heard "banging on the door when they broke it down and I heard my son screaming."

Harris said that he would meet with Chrisman next week to initiate termination procedures against the officer.

Harris and Romley also released information about Chrisman that placed him on the "Brady" list, named for a court case regarding police officers who had committed acts that called their judgment into question.

In 2005, Chrisman was one of four police officers caught on surveillance video planting a drug pipe on a mentally challenged homeless woman as a joke. In the video, Chrisman can be seen placing something in the hand of a police officer who then pretends to take it out of the woman's dress. The woman was not charged with drug offenses.

Chrisman was disciplined and suspended for one day. His name remained on the Brady list.

Craig Mehrens, Chrisman's attorney, said the videotaped incident "has nothing to do with (Chrisman's) use of force. Rick is selectively releasing things to bolster his case."

Shortly after noon on Oct. 5, Chrisman, 36, and Officer Sergio Virgillo went to the south Phoenix trailer home of Rodriguez's mother. Fernandez had called 911 because she had been arguing with Rodriguez and she was afraid he would assault her.

Rodriguez asked to see a warrant when the officers entered the home, and Chrisman reportedly put his gun to Rodriguez's head and told him he didn't need a warrant, according to court documents. The documents went on to say that both officers fired their stun guns against Rodriguez. Then Chrisman sprayed him with pepper spray and shot a young dog barking in the living room.

Virgillo told investigators the dog was not threatening them and he saw no reason why Chrisman would shoot it. The suspect asked why Chrisman had shot his dog, and Virgillo said he tried to calm Rodriguez down and talk him into coming outside.

Rodriguez told the officers he was leaving with his bicycle, but Virgillo moved to block the door and Chrisman began struggling with Rodriguez over the handlebars.

Chrisman then reportedly pulled out his handgun and shot Rodriguez more than once. Rodriguez died at the scene.

Chrisman was arrested about five hours after the shooting and was freed on bail. He was not rearrested after the indictment.

Mehrens, who successfully defended a Chandler police officer who shot a woman to death at a pharmacy drive-up window in 2002, claims that the Rodriguez shooting was justified.

Mehrens sent a letter to Deputy County Attorney Juan Martinez, who will handle the Chrisman case, asking him to consider the opinion of an expert on police officer use of force.

"Nobody called for my expert's opinion," Mehrens told The Arizona Republic. "You mean the prosecutor is not supposed to look at both sides? I'd have a great case with a fair prosecutor."

Attorneys for Rodriguez's parents attended Thursday morning's news conference. Michael Manning, who represents Rodriguez's father, said he and the father were pleased by Chrisman's indictment, calling the inquiry into the shooting "a brave and courageous investigation."

Hispanic community activist Lydia Guzman said, "I'm pleased to see that the police department has been transparent in every stage of the investigation. I appreciate the police officer who came forward and I worry about any retaliation he may suffer."

http://www.azcentral.com/community/phoenix/articles/2010/10/14/20101014phoenix-police-officer-shooting-arrest-prosecutor14-ON.html