Phoenix man fatally shot by police officer

A man was fatally shot by Phoenix police when he pointed a gun at officers during a Sunday morning foot pursuit, police said.

The shooting occurred about 3 a.m. Sunday near an empty parking lot by 67th Avenue and McDowell Road, said Sgt. Steve Martos, of the Phoenix Police Department.

Patrol officers initially tried to stop two suspects in a 2001 GMC Denali after observing suspicious behavior and a minor traffic violation.

The vehicle fled, but was sighted shortly after by other officers on patrol who also attempted to make the vehicle stop.

The car fled and collided with a median near 67th Avenue and McDowell Road.

Two suspects fled the scene on foot into a vacant lot, where Martos said two officers were able to detain the passenger of the GMC Denali.

A third patrol officer and an off-duty uniformed police officer, who heard of the pursuit on a radio, chased the driver of the vehicle on foot.

Martos said the driver disobeyed orders to stop and instead grabbed a handgun from his waist.

"He retrieved a handgun and pointed it at the officers who fired their weapons," Martos said.

The driver, who has not been identified, was declared dead at the scene. The other suspect was taken to a local hospital with a minor injury received from the collision.

No officers injured.

http://www.azcentral.com/community/phoenix/articles/2010/10/17/20101017phoenix-officer-shooting-man-killed.html

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

Mesa police video shows violent arrest, suspect files claim

MESA, AZ - A man who was reportedly Tased, kicked and punched on the ground by Mesa police officers has filed a notice of claim against the Mesa Police Department, saying the officers knowingly and intentionally breached their duties and exceeded their authority, and that he was taken into custody in a negligent manner.
A video of the chase and arrest shot by a Mesa police helicopter shows Aaron Belander raising his arms in the air. A voice from the chopper says, “He’s got his hands up, he’s got his hands up. I don’t see anything in his hands.”

“We’ve got a man who appears to have stopped running, doesn’t seem to be making any types of aggressive movements towards anyone, and he’s Tased in the back,” said Belander’s attorney, Matt Schwartzstein. “The moment he falls down, he’s kicked in the head.”

Police reports from the officers involved that night last November paint a very different picture. The officers said they were conducting the high-risk traffic stop of a violent convicted felon who did not comply with commands to show his hands. The reports say police were tipped off that Belander had a gun.

“The officers did note in their reports that he had a history of violence in his past,” said Schwartzstein. “I did not see any crimes of violence that he was convicted of as of November 6th, 2009.”

According to police reports, Belander drove away in his truck during that traffic stop, initiating a chase that ended at Highland High School, where Belander got out of the truck and started running. Police reports say Belander threw a gun on the ground during the chase.

The video shows officers catching up to Belander, who stops running and raises his hands in the air. A voice apparently from the helicopter communicating to officers on the ground, advises them that Belander has his arms up and does not appear to have anything in his hands.

Officers wrote in their reports that they believed Belander was reaching for his midsection, where he may have had a gun, and that he did not comply with verbal commands to get on the ground. Several officers also stated that Belander resisted arrest, fighting, kicking and grabbing an officer’s arm as they tried to take him into custody.

“He had his hands up and he wasn't moving-- that changed from the moment they Tased him in the back,” said Schwartzstein. “They kicked him in the head, and then they kicked him again in the side and in the arm and it went on from there. It's hard to say at what point a person is resisting arrest or just protecting themselves.”

One officer said he tried to kick Belander in the shoulder to subdue him, but ended up kicking him in the face because he was flailing around.

“For all I know, he was convulsing after being kicked in the head,” said Schwartzstein.

Belander’s attorneys say the video shows six officers Tasing Belander multiple times and delivering dozens of blows to the suspect after he surrendered and was on the ground and did not make any threatening movements.

A medical exam at the jail concluded Belander suffered cuts, scrapes and broken bones. Belander’s notice of claim says he may have also suffered memory loss and posttraumatic stress.

Belander is behind bars. His attorneys filed a notice of claim for $350,000.

None of the officers involved have been placed on leave.

It is the Mesa Police Department’s policy not to comment on ongoing internal investigations.

http://www.abc15.com/dpp/news/region_southeast_valley/mesa/mesa-police-video-shows-violent-arrest,-suspect-files-claim

15 arrested during raid of Phoenix meat-packing business

Fifteen people were arrested after Maricopa County sheriff's deputies served a search warrant at a Phoenix meat-packing business with employees suspected of using stolen identities on Tuesday.

Between 30 and 40 employees at Prime Cut Meat & Seafood Company were detained by the deputies as the Maricopa County Sheriff's Office looked for 15 to 20 people suspected of identity theft. The Sheriff's Office had been investigating the case for several months, Maricopa County Sheriff Joe Arpaio said.

"We're going to continue business raids because you have to understand we have an unemployment problem," Arpaio said. "We took off 15 people with felonies off the street."

At least five of the people arrested had fake dates of birth and Social Security numbers. One of those arrested, a woman, was using the identification of a 90-year-old woman, Arpaio said.

"This is a serious problem, and I'm the bad guy," Sheriff Joe Arpaio said. "People forget (the people we arrested) have false identification, and that's a serious problem."

As the Maricopa County Sheriff's Office drove away from the business, the co-workers of the arrested people waved, cried and one of them shouted in Spanish, "This is an injustice!"

"They destroy families, separate them," said Erasto Martinez, 47, an employee.

Chad Poppen, the owner of Prime Cut Meat & Seafood Company said he was upset at how the system worked.

"I lost one-third of my working staff," said Poppen, who said he runs his employees' information through E-Verify. The system is "forcing you to hire based on the color of their skin."

http://www.azcentral.com/news/articles/2010/10/12/20101012phoenix-sheriff-immigration-raid-abrk.html

Radio host leads Phoenix police protests

Protestors planned to gather Monday outside Phoenix Police headquarters for the fifth straight day to continue to draw attention to last week's officer-involved shooting of an unarmed man.

The protest set to begin this afternoon at 620 West Washington Street will include a re-enactment of the incident, with community activists portraying two Phoenix police officers and a 29-year-old domestic violence suspect fatally shot inside his mother's trailer home on Oct. 5.

Phoenix police Officer Richard Chrisman shot and killed suspect Danny Frank Rodriquez during a scuffle in the trailer home near Central Avenue and Baseline Road.

A fellow officer told investigators Chrisman held a gun to Rodriquez's head and that the suspect never posed a serious threat of violence to the officers, according to court records.

Organizer Carlos Galindo, (left) a Spanish-language talk show host, said protests would continue until Chrisman is charged with murder.

Chrisman was arrested last week and charged with aggravated assault, though Maricopa County prosecutors could possibly re-arrest the officer on murder charges, officials said.

On Monday, protestors also planned to line the sidewalk near police headquarters with memorial lanterns to mark Rodriquez's death. Galindo said one activist would use a toy gun and mask made out of a jail booking photo of Chrisman to portray the officer. Galindo added that he has worked with Phoenix police to make them aware of the protest schedule.

Protests last week drew as many as 60-80 people, many who heard Galindo's calls to the public.

Galindo, who hosts a Hispanic Christian radio-show, helped the family of murder victim Juan Varela protest at the state Capitol in May. Police said Varela was killed by a White neighbor who shouted racial slurs during the shooting.

The case was not initally labelled as a hate-crime, though prosecutors later added it as an aggravating factor, which could lead to enhanced sentencing if shooting suspect Gary Kelley is convicted.

http://www.azcentral.com/members/Blog/PHXBeat/101182/sort_D

Arizona city police to get wearable video cameras

LAKE HAVASU CITY - Lake Havasu City police will soon be equipped with head-mounted video cameras that record their contacts with suspects and citizens.

The city is buying a system from Scottsdale-based Taser International that captures video and audio for later use in court or in other cases where the officer's actions might be in question.

The AXON system has been tested across Mohave County in recent months. Lake Havasu will be the first city in the state to deploy the units operationally.

It is buying seven units, and 90 percent of their cost is being paid for with a U.S. Justice Department grant.

http://www.azcentral.com/news/articles/2010/10/11/20101011arizona-city-police-wearable-video-cameras11-ON.html

Phoenix police shooting protests continue

Protests against a police shooting of an unarmed Latino man will continue through the weekend, organizers said.

Protests will be at 6 p.m. Saturday, Sunday and Monday outside Phoenix police headquarters at 620 W. Washington St., according to coordinator and radio host Carlos Galindo.

In addition, on Monday evening there are plans to light luminarias all along the area in front of the headquarters, he said.

A first protest Thursday night following a memorial for Rodriguez drew approximately 30 people.

Galindo said he expected larger crowds through the weekend, and accused the Valley's Latino leaders of engaging in "pick-and-choose activism."

"Why aren't the usual Latino activists out there? You know if this was in Los Angeles there would be burning cars," Galindo said. "But in Arizona it's apathetic Latinos and failed leadership."

Phoenix police Officers Richard Chrisman and Sergio Virgillo responded to a domestic-violence call Tuesday, which resulted in the death of Rodriquez and a family dog.

Rodriquez's mother had placed the 911 call.

According to court records documenting an interview with Virgillo, Rodriquez was unarmed but there was a struggle. During the struggle, he said, Chrisman shot the dog; Rodriquez was shot later.

Rodriquez died at the scene.

Chrisman was arrested and faces felony charges, but his representatives, the Phoenix Law Enforcement Association, issued a statement in support of his actions.

Galindo said the protests represent the Latino community's desire to see Chief Jack Harris and Maricopa County Attorney Rick Romley have Chrisman rearrested and charged with murder.

"We're not going to put up with the injustices and the abuse on behalf of the police," Galindo told The Republic on Friday.

Galindo said the protests would continue past Monday if necessary.

http://www.azcentral.com/community/phoenix/articles/2010/10/09/20101009phoenix-police-shooting-protests-brk.html