Latest news with #excessiveforce
CBS News
2 days ago
- General
- CBS News
LA County Deputy Trevor Kirk sentenced to 4 months in prison for excessive force
Los Angeles County Sheriff's Deputy Trevor Kirk was sentenced to four months in prison Monday for an excessive force conviction involving an unarmed woman outside a Lancaster supermarket in 2023. In February, a federal jury found Kirk, 32, guilty of deprivation of rights under color of law for assaulting and pepper-spraying the woman. He had faced a maximum sentence of 10 years in federal prison. Last week, U.S. District Judge Stephen V. Wilson dismissed the felony allegation in the indictment, leaving only a misdemeanor charge. Kirk had been offered a misdemeanor plea deal before trial, that he didn't accept. "The Government isn't moving to dismiss the entire indictment—only the part that made the offense a felony. The jury still found that Defendant willfully used unreasonable force, which supports a misdemeanor conviction …," as written in Judge Wilson's seven-page order. Kirk's attorney, Tom Yu, has described his client as a "hero, not a criminal." Kirk and another deputy responded to a robbery call at WinCo Foods in Lancaster on June 24, 2023, where two customers were reportedly "assaulting loss-prevention employees." A man who matched the suspect's description was detained, and while the other deputy handcuffed the man, Kirk turned his attention to a woman who matched the other suspect description. The unarmed woman was recording the arrest with her cell phone and told the deputies the video was being live-streamed and that they were legally obligated to tell the man why he was being detained. Kirk walked up to the woman without giving any commands and tried to take her phone. When she started to turn away, he threw her to the ground, threatened to punch her, and pepper-sprayed her face twice. Kirk pressed his knew into the woman's neck, and she said that she couldn't breathe. Prosecutors said while he was on top of the woman he used his LASD radio to give a misleading report that he was in a "fight." The victim suffered blunt-force head trauma and injuries to her head, arms and wrist. Multiple videos showed the assault, with Sheriff Robert Luna describing the incident as "disturbing." In March, the Los Angeles Sheriff's Professional Association said the prosecution of Kirk was "wrongful and politically charged" and his actions, as seen on body-worn camera video, were "lawful, restrained, and aligned with training." "I still believe that my client used reasonable force and look forward to defending him in this criminal case," Yu said earlier. At the time charges were filed last year, the sheriff's department said Kirk was relieved of duty pending the outcome of the case
RNZ News
3 days ago
- General
- RNZ News
Cop who stomped on man during South Auckland arrest resigns, avoids prosecution after police investigation
By Al Williams, Open Justice reporter of Photo: RNZ / Richard Tindiller Police decided not to charge an officer who stomped on a man during an arrest, saying that despite having enough evidence to prosecute, it wasn't in the public interest to do so. The alleged assault happened during a family harm callout at a home in Ōtara, South Auckland in 2023. According to a summary from the Independent Police Conduct Authority (IPCA), two police officers were trying to handcuff the man but he resisted by keeping his arms at his sides. He was then tackled to the ground and punched by one of the officers. When the man tried to get to his feet, the same officer used his knee to strike the man in the head, before later stomping on his torso. "CCTV footage captured footage of the man's arrest and the force used against him," the IPCA said. The man's pregnant partner, who was watching on and threw pot plants at the officer to try to stop the assault, was also arrested. She claimed she was "man-handled" while handcuffed, causing her to fall belly-first down concrete steps, and that she was struck on the back of her neck. A complaint that police used excessive force when arresting the couple was later laid. The officer resigned during the investigation, which eventually found allegations excessive force was used on the woman were unsubstantiated. However, there was evidence regarding the alleged assault on her partner. "There was sufficient evidence to charge the officer with assaulting the man. However, police determined it would not be in the public interest to prosecute the officer." The IPCA, which oversaw a police investigation into the incident, said in its summary it agreed with the police findings and "overall accepts the outcome reached". Counties Manukau district commander Superintendent Shanan Gray said police assess each report pursuant to the Solicitor General's prosecution guidelines, which include a public interest test, among other criteria. "When there is sufficient evidence to prosecute, police will not hesitate to do so. However, only after determining that that is the most appropriate outcome for a specific situation." When NZME asked police what factors went into deciding what cases were in "the public interest" when it came to prosecuting an officer, police said there was no further comment and the factors were "available online". The two officers were called to the family harm incident on 7 November 2023. When they got there, they spoke to the couple before escorting the man outside the building and arresting him. The man initially complied with the officers' instructions while calling out to his partner, who was on the second-floor balcony of the building and watching events unfold. His partner tried to verbally interject as he was punched and kneed before throwing a clay plant pot, which hit the officer on the back. Both officers then tried to drag the man away from the building. He tried to hold on to a fence and was pulled away. Once pulled free, the officer who had punched and kneed the man then stomped on his torso. The man's partner then threw a plastic plant pot, which missed both police officers. After being handcuffed, the man was escorted to a nearby police car. As additional officers arrived, the officer who had used excessive force against the man re-entered the building and arrested the woman. She alleged the officer "man-handled" her, causing her to fall, handcuffed and belly-first, down concrete stairs. She said he also struck her on the back of the neck when escorting her to a police car. The couple were separately charged with assault. A resisting arrest charge against the man was later withdrawn. The IPCA accepted the police finding that there was evidence that the officer man-handled the woman, caused her to fall, or struck her on the back of the neck. In reviewing the matter, the Crown offered no evidence in respect of the woman's charge of assault with a weapon, which the IPCA said was subsequently dismissed by the court. Despite the officer's resignation, police concluded his employment process followed Public Service Commission guidelines. Gray said police acknowledged the authority's summary. "Police acknowledge the IPCA's summary report following a complaint that an officer used excessive force when arresting a man and his pregnant partner. "We note the authority is satisfied with the outcome of the investigation." - This story originally appeared in the New Zealand Herald .
Yahoo
4 days ago
- General
- Yahoo
CT Appellate Court upholds decision to reinstate sergeant fired in 2021 over alleged excessive force
A Torrington police sergeant fired in 2021 after an independent investigation found that he violated department policy when he allegedly used excessive force toward a handcuffed suspect is expected to return to the department soon after the Connecticut Supreme Court rejected an arbitration appeal. Gerald Peters was terminated from the Torrington Police Department after video showed that he pepper sprayed a suspect handcuffed in a wheelchair and took him to the ground at the police station on May 23, 2020, according to previous reports. The suspect, Christopher Spetland, was allegedly intoxicated and uncooperative with police so he was placed in a wheelchair so officers would not have to drag him, police said at the time. Spetland had been arrested and charged with third-degree assault and violating the governor's mandate on coronavirus precautions, according to the police report. He had allegedly assaulted a customer at a Valero gas station after the individual told him to keep his distance because Spetland was not wearing a mask, police said. Police claimed that he struggled with officers during the arrest and landed a kick on one officer. Once Spetland was brought to the department, Peters, the sergeant on duty, used pepper spray on him as his hands were handcuffed behind his back in a wheelchair, according to police. He then brought Spetland to the ground and allegedly told him 'We've had enough,' according to reports. 'Are ya done yet? Are ya done yet?' Peters then shouted. 'Are ya done with the kicking and the fighting with the officers? Are ya done yet? Are ya finished? You're gonna go in the cell, you're gonna relax and then you'll be treated like a gentleman, after you knock it off.' According to police, Spetland did not suffer any significant injuries, but the shift commander at the time found that Peters violated department policy and an internal investigation was launched. An independent investigation, conducted by the Southington-based Daigle Law Group, concluded that Peters violated the department policy on use of force. Torrington Police Chief William R. Baldwin, Jr. announced in May 2021 that Peters had been terminated from the department. Peters started his career in law enforcement in 1992, when he served as an officer in East Granby before coming to Torrington. According to his attorney, Hartford-based lawyer Timothy Brignole, Peters brought the matter before the State Board of Mediation and Arbitration. He was successful in overturning his termination and was reinstated with full back pay, benefits and reimbursed health benefit costs. Torrington city officials appealed the arbitration decision to the Superior Court in Torrington, where a judge set aside the arbitrator's decision and ordered that a new arbitration take place, Brignole said. The judge's action was appealed by Peters and brought before the state Appellate Court, which overturned the Superior Court decision and issued an opinion suggesting Peters' use of force was 'objectively reasonable.' Earlier this month, Torrington officials appealed the Appellate Court decision to the Connecticut Supreme Court, which was denied, according to Brignole. 'The matter is now set down for a hearing back in the Torrington Superior Court to confirm the arbitration decision and award damages due Sgt. Peters,' Brignole said in a statement. 'It is anticipated that Sgt. Peters will be returning to the Torrington Police Department as a full member of the police department in the very near future,' Brignole added. A lawsuit brought by Peters against the city remains pending in federal court. The civil lawsuit, which is seeking $100 million, makes allegations of wrongful termination, defamation and a violation of his civil rights. Baldwin did not immediately respond to an email on Friday seeking comment.
Yahoo
4 days ago
- General
- Yahoo
CT Appellate Court upholds decision to reinstate sergeant fired in 2021 over alleged excessive force
A Torrington police sergeant fired in 2021 after an independent investigation found that he violated department policy when he allegedly used excessive force toward a handcuffed suspect is expected to return to the department soon after the Connecticut Supreme Court rejected an arbitration appeal. Gerald Peters was terminated from the Torrington Police Department after video showed that he pepper sprayed a suspect handcuffed in a wheelchair and took him to the ground at the police station on May 23, 2020, according to previous reports. The suspect, Christopher Spetland, was allegedly intoxicated and uncooperative with police so he was placed in a wheelchair so officers would not have to drag him, police said at the time. Spetland had been arrested and charged with third-degree assault and violating the governor's mandate on coronavirus precautions, according to the police report. He had allegedly assaulted a customer at a Valero gas station after the individual told him to keep his distance because Spetland was not wearing a mask, police said. Police claimed that he struggled with officers during the arrest and landed a kick on one officer. Once Spetland was brought to the department, Peters, the sergeant on duty, used pepper spray on him as his hands were handcuffed behind his back in a wheelchair, according to police. He then brought Spetland to the ground and allegedly told him 'We've had enough,' according to reports. 'Are ya done yet? Are ya done yet?' Peters then shouted. 'Are ya done with the kicking and the fighting with the officers? Are ya done yet? Are ya finished? You're gonna go in the cell, you're gonna relax and then you'll be treated like a gentleman, after you knock it off.' According to police, Spetland did not suffer any significant injuries, but the shift commander at the time found that Peters violated department policy and an internal investigation was launched. An independent investigation, conducted by the Southington-based Daigle Law Group, concluded that Peters violated the department policy on use of force. Torrington Police Chief William R. Baldwin, Jr. announced in May 2021 that Peters had been terminated from the department. Peters started his career in law enforcement in 1992, when he served as an officer in East Granby before coming to Torrington. According to his attorney, Hartford-based lawyer Timothy Brignole, Peters brought the matter before the State Board of Mediation and Arbitration. He was successful in overturning his termination and was reinstated with full back pay, benefits and reimbursed health benefit costs. Torrington city officials appealed the arbitration decision to the Superior Court in Torrington, where a judge set aside the arbitrator's decision and ordered that a new arbitration take place, Brignole said. The judge's action was appealed by Peters and brought before the state Appellate Court, which overturned the Superior Court decision and issued an opinion suggesting Peters' use of force was 'objectively reasonable.' Earlier this month, Torrington officials appealed the Appellate Court decision to the Connecticut Supreme Court, which was denied, according to Brignole. 'The matter is now set down for a hearing back in the Torrington Superior Court to confirm the arbitration decision and award damages due Sgt. Peters,' Brignole said in a statement. 'It is anticipated that Sgt. Peters will be returning to the Torrington Police Department as a full member of the police department in the very near future,' Brignole added. A lawsuit brought by Peters against the city remains pending in federal court. The civil lawsuit, which is seeking $100 million, makes allegations of wrongful termination, defamation and a violation of his civil rights. Baldwin did not immediately respond to an email on Friday seeking comment.
BBC News
28-05-2025
- Health
- BBC News
Jury deliberate on Sussex police officers use of force on amputee
The jury in the trial of two police officers accused of using excessive force against a 92-year-old amputee have begun their Stephen Smith, 51, and Rachel Comotto, 36, have denied using excessive force on Donald Burgess at Park Beck care home in St Leonards-on-Sea, East care home called 999 in June 2022 after Mr Burgess, a single-leg amputee and wheelchair user, reportedly grabbed a knife and threatened to stab Burgess was taken to hospital where he contracted Covid and died 22 days later, aged 93, but the officers are not being held responsible for his death. Judge Christopher Hehir, summarising the evidence on at Southwark Crown Court on Wednesday, told jurors: "The reason for his behaviour that day, we now know, is that he was delirious as a result of a urinary tract infection."PC Smith sprayed synthetic Pava pepper spray into Mr Burgess's face and struck his wrist with a baton, with PC Comotto deploying her Taser, all within a minute and 23 seconds of entering the pensioner's room, the court was Smith denies two counts of assault occasioning actual bodily harm for his use of Pava spray and for using a baton, while PC Comotto denies one count related to her use of a Taser on Mr Hehirsaid jurors should reach their decision "with their heads, not their hearts". Prosecutors claim the force used against Mr Burgess, who had been reportedly waving a serrated cutlery knife around and telling staff he would "take pleasure" in murdering them, was "unjustified and unlawful" given his age and physical Smith previously told jurors he did not see that Mr Burgess was disabled and using a wheelchair as he was focused on the knife the pensioner was holding in his his evidence, he denied emptying a full can of Pava in Mr Burgess's face, saying it was "a short burst".He also denied hitting Mr Burgess with a baton, claiming he instead flicked the baton towards the pensioner's wrist to "knock the knife out" of his her evidence, PC Comotto said she believed using the Taser was the safest way to "protect" Mr Burgess as she feared her colleague using the baton again would cause more harm."I'm not a trigger-happy officer," she told jurors."It's the first time I've fired my Taser."
