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untanglingwebs
El Supremo
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Steele Memorandum 3-16-96 concluded there was "no probable cause existed to arrested (sic) her for false report to police without checking with dispatch further...Officer David Williams acted hastily and did not conduct a preliminary investigation resulting in the unnecessary and unwarranted arrest of Mrs. Childress".
Steele recommended a 3 day suspension which was reduced to an oral reprimand when new Chief Hampton took office. No disciple was recommended for the others involved.
Barksdale testified complaints of excess force and physical abuse are assigned to the Inspection Division, however in 1996 he did not regard the Childress case of one involving physical abuse although she had made a complaint of being manhandled. He later admitted the case should have had more investigation.
Last edited by untanglingwebs on Fri Jan 18, 2019 5:04 am; edited 2 times in total |
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Thu Jan 17, 2019 9:37 am |
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untanglingwebs
El Supremo
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The background of city of Flint's Custom & Policy
While complaints against the listed officers was furnished, the request for all complaints of all non defendant officers since 1990 were not furnished to Plaintiffs attorney. However, enough evidence was discovered by Plaintiffs attorney to support the conclusion that the false arrest and excessive force of Mrs Childress was the direct result of a custom or de facto policy of the City of Flint which was the proximate cause of the deprivation of her rights. Plaintiffs attorney Raheem got a uniform response that the ultimate decision maker of discipline was the chief of police and every decisions, including whether to discipline must go through the Chief. Raheem also noted "as the one responsible for enforcement of police policies, all training necessary goes through him,all evaluations processes and all hiring decisions must ultimately be approved by the Chief of Police." |
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Thu Jan 17, 2019 1:48 pm |
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untanglingwebs
El Supremo
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Failure to discipline adequately or not at all regarding Citizens'Constitutional Rights
1. The Childress Incident
Atty Raheem on the Flint Police Departments's written policy of discipline to officers showed a progressive scale beginning with oral reprimand as the lowest followed bywritten reprimand, suspension, and dismissal at the most severe discipline. Counseling was not regarded as discipline."FPD Regulation 7/010.4 states " although the scale is progressive in nature. any particular violation may be dealt with by entering the scale at any level based on the seriousness and nature of the offense and any other applicable factors. Raheem show the FPDcustom was not to discipline their offcers in accordance with the departmental policy. |
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Thu Jan 17, 2019 2:08 pm |
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untanglingwebs
El Supremo
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Although Police Chief Steele found that Williams made an unlawful arrest, he went against FPD policy that "states any force used during an unlawful arrest is excessive force," (FPD Use of Force memorandum) In Steele's testimony he said he did not view the incident as excessive force because Childress "told 911 she would use a pistol to protect her family against Cruckshank." There was no evidence that Williams knew about that comment. Testimony by Capt. Barksdale was "that simply because a homeowner has a gun to protect his or her family against a perpetrator who enters the home that, by itself is no basis for police to use excessive force against the homeowner."
*note Barksdale shot and killed a young man stealing his car on Eldorado Drive) |
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Fri Jan 18, 2019 4:29 am |
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untanglingwebs
El Supremo
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Raheem discussed the inconsistency in discipline in the police department. She used the example of how on the same day Chief Hampton reduced the excessive force suspension on Williams , he imposed a harsher discipline, a written reprimand, on Jones for minor damage to a police cruiser. Hampton also imposed corrective training on Jones with a driver's refresher course. Williams received a written warning for missing a magistrate hearing. Luna was given an oral warning for being late filing an internal report and Peterson received an oral warning for killing an injured dog judged injured and dangerous.
It becomes more obvious as Raheem investigates the the FPD disciplined violations of citizen's constitutional rights more leniently than those of non-citizen complaints. In his testimony Steele said the only way to identify "bad cops" (ie. ones who violated citizens' right repeatedly) could be identified was by sustained allegations that resulted in discipline for the officers. The Ombudsman reports when combined with FPD citizen complaints demonstrate such officers committing excessive force complaints were exonerated so finding "bad cops" would not occur. |
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Fri Jan 18, 2019 5:03 am |
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untanglingwebs
El Supremo
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| On October 9, 1996, Williams was arrested for assault and battery against his ex-wife Dawn. There was a previous history of domestic problems between Williams and his wife that was shown on the misdemeanor complaint . Williams had to attend a Domestic Violence Course for the charges to be dropped. |
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Fri Jan 18, 2019 5:18 am |
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untanglingwebs
El Supremo
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The Leonard Fox Case (This case ultimately went on to be fought in court. )
It was February 8, of 1992 when Mr. Fox was observing an arrest taking place in front of his house by Officer Jones and his partner.. Fox had a cast on one leg, Fox at one point put his face and one leg out the door, but never left the house. After a verbal confrontation ensued, Jones left his partner to complete the arrest, went up on the porch and sprayed mace into the faces of Fox and his sister. Jones then slammed the door on Fox's leg causing additional injury.
That same day Fox went to the Police Department to file a complaint. When Officer jones entered the police station and observed Fox waiting to file a complaint, he arrested Fox on the charge of Interfering with a Police Officer.
An Ombudsman complaint was filed on February 10,1992. |
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Fri Jan 18, 2019 5:51 am |
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untanglingwebs
El Supremo
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The Ombudsman office sustained the allegations and medical reports substantiated the injuries to the eyes, leg and forehead of Mr Fox. The report of Jones and that of his partner had several discrepancies. The Ombudsman report noted they found that the statements of the three witnesses did not correspond with the report by Jones. Also the office also questioned how a man on a porch several feet away interfere with an arrest.
The Ombudsman report indicated this was the fourth physical abuse complaint against jones within a ten month span. Their recommendation was that he receive discipline and further training to improve his interaction with the public.
The FPD had Sgt Enix Wright conduct their investigation although Wright wasat the time was the District Manager of bothe Williams and ones, and therefore was their supervisor. Wright recommended no discipline but Jones was "counseled" which according to FPD Policy is not Discipline. Raheem revealed that Sgt.Wright had a long history of violating citizen's constitutional rights by false arrests and physical abuse. |
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Fri Jan 18, 2019 6:16 am |
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untanglingwebs
El Supremo
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Louis Cypher
Flint police officer, three others, indicted for drugs, gambling
The Associated Press
10/31/03 8:55 PM
DETROIT (AP) -- A Flint police officer and three other men have been indicted on drugs and gambling charges, the U.S. Attorney's Office announced Friday.
The five-count indictment claims Officer Tony Moran Jones, his brother, Hardy Nathan Jones and Gregory Mitchell Jones conspired to distribute 50 grams or more of crack cocaine, 5 kilograms or more of powder cocaine and 1000 kilograms of marijuana.
Gregory Jones, who is not related to the other two Jones', is accused of committing the offense after prior felony drug convictions in 1991.
The drug charges, alone, carry a penalty of between five years to life in prison.
Tony Jones and a fourth defendant, Benjamin Goodman, Jr. are accused of "deliberately conducting part of an illegal gambling business" in violation of Michigan laws.
The U.S. Attorney's Office said the men and several others ran the gambling operation for more than 30 days and had a gross revenue of $2,200 in at least a single day.
Tony Jones is accused of using his status as a Flint officer to insulate the gambling operation and "participating in it while in full uniform and without consequence from some other Flint police officers" who became aware of the operation.
The other charges include conspiracy to use wire communication facilities to wager, possession of a firearm with an altered serial number and possession of a stolen firearm.
Tony Jones is named in all five counts of the indictment. He and his brother were arrested Thursday morning.
An examination and bond hearing for all four is scheduled for Monday in Flint. |
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Fri Jan 18, 2019 6:22 am |
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untanglingwebs
El Supremo
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6/1/04
Ex-cop gets 1 year for role in gambling
FLINT — A former city police officer was sentenced to a year in prison,
followed by a three-year supervised release term, for his role in an illegal
gambling ring, federal prosecutors said Wednesday.
Tony Moran Jones, 36, was sentenced Tuesday by U.S. District Judge Paul V.
Gadola in Flint after pleading guilty to conspiracy to conduct an illegal
gambling business.
As part of the plea deal, prosecutors dismissed other narcotics, firearms and
gambling charges. Jones was indicted in October on charges of conspiring to
distribute crack, powder cocaine and marijuana, as well as the gambling
charges.
Jones of Flint “conducted portions of the illegal gambling business while in
uniform and using his police vehicle,” Assistant U.S. Mark C. Jones said in
a statement. “In some instances, debts owed to him were paid at his police
desk.”
Tony Jones also served as security at illegal gambling events, the prosecutor
said.
Three other defendants — Tony Jones’ brother Hardy Nathan Jones, Gregory
Mitchell Jones, who is not related to the other two, and Benjamin Goodman Jr.
— have pleaded guilty to various gambling and drug charges and are awaiting
sentencing. |
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Fri Jan 18, 2019 6:29 am |
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untanglingwebs
El Supremo
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The Mr Craig Lee ncident
"In July 1991, Mr Lee filed a citizen's complaint with the City of Flint Ombudsman that Defendant Williams harassed and physically assaulted him." Mr. lee was sitting on his porch, "slightly intoxicated" when he saw Officer Williams and Officer Bundy driving by in their cruiser and yelled "vulgar language the police". The 5 x 8 report of officer Bundy stated he and Officer Williams and both "went up to the house". Williams, in his 5 x 8 stated he asked Lee what he said and Lee replied :I said vulgar language the police, I got freedom of speech." Neither officers report said that Lee ever left his porch. However, Williams ordered Lee to put his hands on the house . Lee alleged Williams hit him in the face (head, temple and nose). while he was arresting him. Mr lee was then arrested for disorderly person, resisting arrest and assaulting a police officer. Lee was allegedly held for 72 hours and then released and the charges were dropped. (Ombudsman report) |
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Fri Jan 18, 2019 9:09 am |
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untanglingwebs
El Supremo
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The investigation into Lee's allegations was conducted by Sgt. Linda Winfrey of the Department of Investigations. hen Winfrey was questioned about whether Williams asking Lee "What did you say could be viewed confrontational, her response in her deposition was by the FPD Division of Inspections."it could be". Nevertheless, both Williams and Bundy were exonerated
footnote page 24- "When Williams was a security guard at a shopping mall in Culver City, California prior to his employment as a Flint police officer, he was arrested for the assault of a shoplifting suspect. Williams had just relinquished custody of the suspect to the police. The Culver City police report stated that the suspect said something derogatory to Williams. Williams then punched the suspect three times in the face. The FPD was aware of this incident and hired him anyway," |
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Fri Jan 18, 2019 9:21 am |
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untanglingwebs
El Supremo
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The Investigative Report Synopsis was forwarded to Chief Fay Peek III and Deputy Chief Charles Schecter.
Sgt Winfrey said she was unaware of the Culver City incident but that it would not have impacted her decision.
"Williams was not disciplined, counseled or given corrective training for this unnecessary physical confrontation". |
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Fri Jan 18, 2019 9:27 am |
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untanglingwebs
El Supremo
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The Frederick Caldwell Incident
A further example of the FPD failure to adequately disciple for constitutional violation committed by Flint police. (page 25)
On July 18, 1992, the Ombudsman complaint details how Mr Caldwell was talking to a neighbor when he got into a verbal confrontation with a second woman he didn't know. The second woman told him to get away from her house and he left.
Mr caldwell described how he went home and started to clean fish. A witness described that Caldwell was in his yard cleaning fish when about 20 minutes later, Williams and a partner rolled uop in their cruiser. Williams was quoted as saying " I don't want you to fo back down the street. If you say anything, I'm gonna arrst you. I don't want ou to talk to that woman. I don't want you on her side of the street, Don't even go down the street" |
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Fri Jan 18, 2019 9:39 am |
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untanglingwebs
El Supremo
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Caldwell made the mistake of asking for Williams name and badge number. hen Williams "ordered" Caldwell to drop the hose and come to the cruiser. Calwell said he was pushed towards the cruiser and violently thrown against the car and told "assume the position". Caldwell said he was kicked several times while Williams searched his pockets for his wallet and drivers license. Williams ran Caldwells license through LIEN to check for open warrants. Caldwell asked Williams if these actions were because he inquired about Williams name and badge number. Caldwell removed his hands off the cruiser and Williams told him i he did that again he would "drop him".
Mrs Caldwell approached to check on her husband and Williams told her "I'm not going to tell you any goddamn more, get back up on the sidewalk. While she complied she got the name and badge number for Williams. Witnesses confirmed several of Caldwell's allegation and one specifically stated Caldwell never resisted. |
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Fri Jan 18, 2019 9:53 am |
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