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Home > Misconduct / Curruption > Do You Know Misconduct When You See It?

Do You Know Misconduct When You See It?

July 23rd, 2009

40d71844358638e01In my previous article I made mention that “When it comes right down to it, many officers do not even know what constitutes Misconduct, or how it’s investigated in the first place.”  Incredibly, I know that a few of you probably said to yourself that misconduct could never happen to me or at my agency.    As you read the following TRUE articles pulled out of recent news papers ask yourself this question, “Do I really know myself, and what I would do in situations like these?” 

 

65a9124c9346388cTwo rogue Rikers Island guards who allegedly smuggled contraband to an accused cop killer were pushing marijuana, tobacco and alcohol, authorities revealed yesterday.  Correction officers August Durand, 31, and Michael Santiago, 24, were fired for supplying the illicit substances to inmate Lee Woods as he awaited trial for gunning down NYPD officer Russel Timoshenko.”

 

Four Fayette County jail officers and one former officer have been indicted on charges they beat inmates and then conspired to cover it up by writing bogus reports and threatening others not to report the incidents.  Those named in the federal indictment released Thursday are Sgt. John McQueen, Cpl. Clarence McCoy, former Cpl. Scott Tyree, Sgt. Anthony Estep and Lt. Kristine Lafoe. The first count of the indictment alleges that “the five defendants conspired with each other and with other unindicted individuals to assault inmates without justification, and to cover up their conduct by filing false reports and charges.”

 

A federal grand jury indicted the police chief of a small town in northern Kankakee County on charges of running a prostitution scam that bilked more than $400,000 from 99 men who handed over the money to avoid the shame of being prosecuted for soliciting a $300-an-hour hooker over the Internet, prosecutors said Wednesday. 

 

A New Haven police officer was arrested, accused of sexual assault and unlawful restraint.  New Haven police received a complaint and began an internal affairs investigation into Officer Anthony Maio, 40, on April 19, according to a new release from New Haven police.

 

A former Orange County sheriff’s reserve officer accused of using his badge and gun to intimidate two slower-playing golfers was convicted Thursday of making a criminal threat against one, but he was acquitted of gun charges, City News Service reported.  Raymond K. Yi, who operates two tae kwon do studios in Orange County and was the martial arts instructor for ex-Sheriff Michael Carona for six years, remains free on $50,000 bond pending sentencing on July 16.

 

Border Patrol agent Jesus Huizar along with two other people is sitting in jail charged with smuggling more than 100 illegal immigrants.  Those who live on the 9000 block of Geranium say the house at 9072 Geranium, that ICE agents said was used as a safe house for illegal immigrants, seemed suspicious to them.  ICE agents say 28-year-old Huizar is a Border Patrol agent in Las Cruces.  ”He is suspected of having allowed more than 100 illegal aliens past his checkpoint in New Mexico, in exchange for $500 a piece,” said Leticia Zamarripa with ICE.

 

A Harris County Precinct 4 deputy constables has been accused of falsifying training records — the fourth deputy constable from that department to be recently charged with a crime.  Capt. Cecil Lacey was charged with tampering with government documents.  In March, Deputy Michael Serges was indicted for aggravated sexual assault of a child.  In February, former deputy Eric Spiller was sentenced to 14 years in prison for having sex with a 16-year-old girl.  And in October, a supervisor, Capt. Tim Cannon, was indicted for tampering with evidence.

 

An Orlando police officer with a list of complaints against him has been charged with using excessive force against a suspect who has a lengthy criminal past.  Investigators first broke the story in December when Officer Wayne Costa was suspended for crossing the line during an arrest. Costa has been officially charged with battery. Officer Costa is accused of beating up Kynnoda Jones while he was in handcuffs. “He was screaming for his life. They continually beat him and beat him and beat him. There was way more than one of them. There were several of them,” said Jones’ mother during a phone interview

 

A Gary police detective turned in his gun, badge and radio Thursday afternoon after Portage police identified him as a suspect in a drive-by shooting in their city last month.  Detective Cpl. Steven Andrus of Hobart, a six-year veteran of the Police Department, will remain on paid suspension for the duration of the investigation, Cmdr. Samuel Roberts said.  Andrus and at least three other Gary officers, as well as a fourth who recently obtained employment elsewhere, are suspects in the March 18 drive-by at a house in the 3000 block of Cooley Street on Portage’s west side.

 

d2d38623631bed70I could have pasted thousands more but due to print space, I was limited.  Ultimately, there are three main causes for law enforcement and correctional misconduct.  Those three causes being 1) Greed, 2) Anger, and 3) Lust.  Would you believe that the number of law enforcement officers housed in prison has increased dramatically in the past four years?  “Failure to hold officers responsible and accountable is perhaps the greatest challenge to American law enforcement.” Rampart Corruption Report 

 

There are three misconduct classifications:

 

  1. Malfeasance: Intentional commission of an act prohibited by law or regulation.

 

  1. Misfeasance: Improper performance of a required action.

 

  1. Nonfeasance: Failure to perform required duties.

 

But what about this one, Noble Cause Misconduct.   This is the misconduct where officers commit the action for the betterment of society.  This is misconduct committed to get the bad guys off the streets.  There is usually no economic gain with the mentality of “Good vs. Evil.”  Committed on the basis of “Protecting the Innocent” and “This is why we became corrections or police officers.”  After an arrest do you hear comments like, “The ends justify the means?”  In reality this is the misconduct where an officer performs a little creative writing in order to establish probable cause to make the arrest stick.  Have you ever heard the saying, “Sometimes you have to break the law, in order to enforce the law.”   If you set back and digest the aforementioned quotes as it pertains to enforcement, we are starting to sound a little bit like the criminals we are policing. 

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Tracy Barnhart Misconduct / Curruption

  1. John Citizzen
    December 14th, 2010 at 22:37 | #1

    So you are aware, Captain Tim Cannon was cleared of all wrongdoing. He was indicted by a runaway Grand Jury by a crooked Asst. DA who was later forced to resign. The Captain is back on the job now as Chief where he should be. He is a great officer with many years of experience who was wrongly accused by a corrupt DA office. The DA of Harris County resigned under pressure as well. Some officers and many others are wrongfully accused. He stood tall during this ordeal and I would stand behind him anytime as my friend, fellow officer and supervisor. A retraction should be made!

    see below

    A Harris County Precinct 4 deputy constables has been accused of falsifying training records — the fourth deputy constable from that department to be recently charged with a crime. Capt. Cecil Lacey was charged with tampering with government documents. In March, Deputy Michael Serges was indicted for aggravated sexual assault of a child. In February, former deputy Eric Spiller was sentenced to 14 years in prison for having sex with a 16-year-old girl. And in October, a supervisor, Capt. Tim Cannon, was indicted for tampering with evidence.

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