Showing posts with label excessive force. Show all posts
Showing posts with label excessive force. Show all posts

Wednesday, March 06, 2024

Former Alabama Sheriff’s Deputy Pleads Guilty to Federal Civil Rights Offense

Former Elmore County, Alabama Sheriff’s Deputy Blake Hicks, 33, pleaded guilty yesterday to depriving an arrestee of his civil rights under color of law.

Hicks' guilty plea follows an incident where he used excessive force against an arrestee, identified as T.Q. Court documents and statements revealed that Hicks willfully punched and kicked T.Q. in or around the head while T.Q. was handcuffed and unable to defend himself on the ground. As a result of Hicks’ assault, T.Q. suffered a broken cheekbone, concussion, and lacerations.

“Communities entrust law enforcement officers with upholding the rule of law,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By physically assaulting a defenseless member of the community, Hicks violated both the victim’s fundamental constitutional rights and the community’s trust. The Justice Department will continue to ensure that law enforcement officials who abuse their powers are held accountable.”

“Maintaining law and order in a civil society requires trust in law enforcement,” said Acting U.S. Attorney Jonathan S. Ross for the Middle District of Alabama. “Breaching that trust has consequences. Civil rights violations, such as this one, makes the job of every law enforcement officer in America more challenging, and more dangerous.”

A sentencing hearing is scheduled for June 24. Hicks faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Mobile Field Office conducted the investigation, while Trial Attorney Laura-Kate Bernstein and Special Litigation Counsel Michael J. Songer of the Justice Department’s Civil Rights Division, along with Assistant U.S. Attorney Eric Counts for the Middle District of Alabama, are prosecuting the case.

Wednesday, August 09, 2023

Former Erie County Deputy Sheriff Sentenced for Using Excessive Force

TOLEDO
– Adam Bess, 35, was sentenced today to 12 months in prison by U.S. District Judge Jack Zouhary after earlier pleading guilty to a felony for depriving an inmate at the Erie County Jail of her constitutional rights by using excessive force. Six months of this sentence will be served as home detention. Judge Zouhary also ordered Bess to pay a $100 special assessment and be placed on supervised release for one year upon release from imprisonment.

According to court documents, on November 1, 2021, Bess was working as a sergeant at the Erie County Jail. During the booking process of a new arrestee, Bess placed his hand around the inmate’s throat in anger in a “choke hold” and caused the inmate to have difficulty breathing. Bess’ actions were without justification and in violation of both the Erie County Sheriff’s Office use of force policy as well as federal law. After being released from jail, the inmate had visible bruising on her neck, immediately reported the matter to the command staff at Erie County Sheriff’s Office, and went to the hospital for evaluation of her injuries. The Erie County Sheriff’s Office promptly reported the matter to the FBI and placed Bess on administrative leave pending the outcome of an internal investigation. Bess subsequently resigned.

As a result of Bess’ federal felony conviction, he can no longer work in law enforcement.

This case was investigated by the FBI Cleveland Division, Sandusky Resident Agency, and the Erie County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorneys Michael Freeman and Tracey Tangeman.

Monday, July 17, 2023

Former Warren Police Officer Charged With Using Excessive Force Against A Jail Prisoner

DETROIT – A former Warren police officer is facing federal charges for violating a jail prisoner's civil rights by allegedly assaulting the prisoner without justification. United States Attorney Dawn N. Ison announced the charges on Monday.

Matthew J. Rodriguez, 48, a former Warren Police Officer, was charged with deprivation of rights under color of law in a criminal complaint.

According to the complaint, on June 13, 2023, while Rodriguez was working as a jail officer at the Warren Police Department, the victim was brought to the department after being arrested. During the processing, Rodriguez is accused of repeatedly assaulting the prisoner without justification. Surveillance footage from the police department shows that while the victim had his hands down at his sides, Rodriguez struck him in the head with enough force to make him stumble backwards. He then allegedly shoved the victim against a wall and threw him to the floor, where he proceeded to repeatedly punch the victim in the head with a closed fist and slam his head into the floor.

The severity of the alleged abuse prompted federal authorities to step in, and Rodriguez now faces a felony charge for deprivation of civil rights.

U.S. Attorney Dawn N. Ison expressed her concern over the shocking abuse of authority demonstrated by the officer, emphasizing that such conduct must not go unpunished. Macomb County Prosecutor Peter J. Lucido, who initially brought misdemeanor charges against Rodriguez, cooperated with federal authorities to ensure justice is served. The state charges will be dismissed to allow the federal case to proceed.

Acting Special Agent in Charge of the FBI in Michigan, Devin J. Kowalski, reiterated the FBI's commitment to protecting the civil rights of all individuals, including those in police custody. He acknowledged that the alleged conduct of the defendant does not reflect the professionalism and honor expected from law enforcement officers.

If convicted on the civil rights charge, the defendant could face up to ten years in prison. However, a criminal complaint is not evidence of guilt, and Rodriguez is entitled to a fair trial where the government must prove guilt beyond a reasonable doubt.

The case was investigated by the FBI, and Assistant U.S. Attorney Robert Moran is prosecuting the case.

This incident serves as a reminder that the protection of civil rights is fundamental to the principles of justice in a democratic society. Authorities are working together to ensure righteousness in the legal system and uphold the values of accountability and integrity in law enforcement.

Friday, July 31, 2015

Huntsville, Alabama, Police Officer Convicted of Excessive Use of Force and Obstruction of Justice



A federal jury in Huntsville, Alabama, convicted HuntsvillePolice Department Officer Brett Russell, 48, of deprivation of rights under color of law for assaulting and injuring G.H., a detainee, as well as obstruction of justice for filing a false police report regarding this incident.

According to the evidence presented at trial, on Dec. 23, 2011, G.H. was detained in the rear of a police vehicle parked in a hotel parking lot.  After initially uttering profanity and kicking a rear window, G.H. sat handcuffed, compliant and nonresisting for approximately 30 minutes.  As officers attempted to remove G.H. from the vehicle to place leg shackles on him, Russell yanked G.H. from the vehicle.  While G.H. was lying handcuffed on the ground, the defendant repeatedly punched and kneed G.H.  Other officers placed leg shackles on G.H. and Russell then transported G.H. to the Madison County, Alabama, Jail.  When the jail refused to accept G.H. because of his injuries, Russell transported G.H.to the Huntsville Hospital.  Russell subsequently wrote and submitted a false report claiming that G.H. tried to kick and head butt the officers.  Further, Russell omitted from the false report any reference to the fact that he had used force on G.H.

Russell faces a statutory maximum sentence of 10 years in prison for the civil rights charge and a statutory maximum sentence of 20 years for the obstruction charge.  Sentencing has yet to be scheduled, but will occur before U.S. District Court Judge Abdul K. Kallon in the Northern District of Alabama.

“The criminal behavior of this officer undermines the dedicated efforts of the vast majority of officers who serve honorably,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department is committed to holding officers who engage in such criminal acts accountable.”

“Most police officers honor their oaths, day in and day out, to uphold the law and protect the public, but this defendant disgraced his badge and used excessive force against a man in handcuffs,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama.  "This verdict reflects that abusing the authority of a police badge is a serious crime and it will be punished accordingly.  My office remains committed to aggressive civil rights enforcement, and I thank the FBI for its dedication to investigating and compiling evidence in these type of cases. "

This case is being investigated by the FBI’s Florence Resident Agency.  It is being prosecuted by Trial Attorney Carroll McCabe of the Civil Rights Division and Assistant U.S. Attorneys Daniel Fortune and Xavier O. Carter Sr. of the Northern District of Alabama.

Thursday, August 09, 2012

Former Des Moines Police Officer Convicted of Excessive Use of Force and Obstruction of Justice


DES MOINES, IA—A federal jury in Des Moines, Iowa, convicted former Des Moines Police Department Officer Mersed Dautovic of violating a person’s civil rights, through the use of excessive force, and obstruction of justice, announced United States Attorney Nicholas A. Klinefeldt.

The jury found that Dautovic violated a citizen’s civil rights by beating him during a traffic stop. The jury specifically found that Dautovic used a dangerous weapon, an ASP baton, and caused serious bodily injury. The jury also found that Dautovic obstructed justice by falsifying a written statement about the incident. Dautovic was ordered detained by the United States Marshals Service pending sentencing.

The civil rights/use of excessive force count carries a maximum sentence of 10 years in prison. The obstruction of justice count carries a maximum sentence of 20 years in prison. Each count also carries a maximum fine of $250,000.

This case was investigated by the Des Moines Resident Agency of the Federal Bureau of Investigation and was jointly prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa and the Civil Rights Division of the U.S. Department of Justice.