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untanglingwebs
El Supremo
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Williams again threatened Caldwell that if Caldwell were to go back down the street and say something to his neighbor he would be back. A witness named in the report stated he heard williams tell Caldwell that he would" return with more than a badge if he ever goes back to the ladies (sic) house" Williams actually used the word "threatened " in his 5 x 8 report on Caldwell.
Raheem found the reports of Williams and Officer Williams to be disturbing. "First, their actions against Mr Caldwell are based upon the reports of "unidentified" Female(s), Second, both officers state mr. caldwell was holding a knife, instead of a water hose-in contrast to what all the other witnesses related.Third, neither officer gave sufficient facts to support the existence of a reasonable suspicion that Mr. Caldwell committed a crime (as required by law infra) but they detained and searched him anyway.
Note. they also illegally ran him through LIEN
Last edited by untanglingwebs on Sat Jan 19, 2019 5:54 am; edited 1 time in total |
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Fri Jan 18, 2019 10:06 am |
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untanglingwebs
El Supremo
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| Sgt. Linda Winfrey of the FPD Department of Inspections conducted an internal investigation of the complaint. Once again the allegations were not sustained and there was no discipline for the officers. The report went to Police Chief Duncan and Captain Timothy Shuker of the Department of Investigations |
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Fri Jan 18, 2019 10:10 am |
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untanglingwebs
El Supremo
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The Keith Minor Incident
A further example of the FPD failure to discipline it's officers for violations of constitutional rights. During the Childress incident, Sgt Enix Wright was the district supervisor of both Williams and Jones. He was also the supervisor of Jones during the Leonard Fox incident. Wright upheld the internal investigation of Jones and recommended no discipline for Jones.
Raheem, during her investigation, uncovered documentation that, while at FPD, Wright consistently violated the constitutional rights of citizens and was able to maintain his position as a supervisor.
The Ombudsman report reveled that Wright was alleged to have assaulted 15 year old keith Minor by punching him in the mouth with a weapon, possibly brass knuckles. The Ombudsman's office interviewed several named witnesses that stated Wright reached into his pocket , punch Minor and the return his hand to pocket |
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Fri Jan 18, 2019 10:25 am |
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untanglingwebs
El Supremo
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The witnesses all stated Minor never raised his fistsor threatened Wright in any way. The Ombudsman' office was able to eveal a disturbing pattern of physical abuse and departmental violations:
"- On march 23, 1991 Sgt Wright arrested Melvin marshal and allegedly kicked twice in the head, while in the City of flint holding cell." The Ombudsman sustained the allegations along with the City of Flint Police Department of Inspections which found that Wright had lied in his report.
"-On may 5, 1991, Norma richard filed a complaint with our office alleging physical abuse and illegal entry by Sgt Wright." Wright received counseling (but no discipline) from the Fpd hat a search warrant would be required to enter a third party's home to effect an arrest. |
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Fri Jan 18, 2019 10:35 am |
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untanglingwebs
El Supremo
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"-On August 23, 1992, Sgt Wright allegedly slammed Sylvester Davis' hea against a police cruiser". The Ombudsman's office sustained the allegation and the Fpd Division of Inspections stated Wright had violated several rules and regulations including Use of Force (#3/008) and Truthfulness (#3/005.#)
"-On August 28, 1992, Torrell king fileda report with or office alleging Sgt. Wright physically assaulted him" The Ombudsman's office sustained the allegations as did the Division of inspections which found he violated departmental rules and regulations including integrity (#77-3/005) Truthfulness (#3/005/03) and the use of force (#3/003)
"-On September 27, 1992, Sgt. wright allegedly punched Otis Dendy in the face." This allegation was sustained by both the Ombudsman and the Division of Inspections. |
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Fri Jan 18, 2019 10:50 am |
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untanglingwebs
El Supremo
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The Ombudsman Office recommended discipline for Wright in the keith Minor incident for (a) unsatisfactory performance (b) General Conduct of Officers (c) Truthfulness and (d) Use of Force. They also recommended "that Sgt. Wight be reassigned to avoid any further contact with the general public until he received extensive counseling"
Thay also stated they were forwarding their report on Sgt. Wright to the Prosecutor's office for consideration of possible criminal charges. |
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Fri Jan 18, 2019 10:56 am |
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untanglingwebs
El Supremo
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The Childress attorney's motioned to "compel the City to produce citizens
complaints of unlawful arrest and excessive force made against all non-defendant officers."
The City also refused to provide Plaintiff with Wright's last known address so they could subpoena him. |
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Sat Jan 19, 2019 6:04 am |
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untanglingwebs
El Supremo
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THE FPD'S FAILURE TO SUPERVISE
1. Failure to make reasonable investigations (page 30)
"The written policy of the FPD when a police officer is suspected of misconduct is:
The suspected misconduct shall be investigated by an officer who is superior in rank to the officer suspected of misconduct. The investigating officer shall do a thorough and complete investigation of the alleged misconduct and submit to the bureau commander of the officer suspected of misconduct, a report giving the complete details of the investigation . FPD rule/regulation 7/010.3 ." |
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Sat Jan 19, 2019 7:05 am |
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untanglingwebs
El Supremo
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The Plaintiffs attorney's show how the actual FPD policy was not to conduct a thorough and complete investigation into the alleged misconduct by its officers. ' The FPD investigators routinely failed to make conscientious efforts to contact third party witness, cross examine its officers for inconsistencies in their reports, address other constitutioal violations which were obvious from the facts but of which the complaintants did not raise, or to use investigatory methods with the goal of discovering the truth of the matter. Such glaring failures are obvious to the layman."
a. A glaring omission in the Childress incident was the failure to interview the multiple witnesses. Her children, Tracie,21, and Alvin 11, saw their mother being slammed into the storm door and then being arrested. Williams was not investigated for excessive force although Childress described being "manhandled in her citizens complaint to Hect. |
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Sat Jan 19, 2019 7:25 am |
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untanglingwebs
El Supremo
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Raheem noted how Captain Barksdale in his deposition testified that Williams could have been questioned as how rough the "manhandling was. He also testified that although both officers denied Childress was manhandled. Barksdale was of the position that he believed the FPD should have investigated the excessive force issue.
(It took a request from Flint councilman Ed Taylor to have the report reviewed by Flint Police Chief Steele) |
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Sat Jan 19, 2019 7:32 am |
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untanglingwebs
El Supremo
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An explanation of the two elements involved for the crime of False Information to Police was described by Raheem as an example of the FPD's glaring omission to question Williams on his efforts to establish the right to arrest Childress.
"False Information to Police basically has two elements (a) false information was given and (b) there was some intent to give false information. None of the documentation produced by Defendant City shows evidence of anyone in the FPD ordering Williams to show, once he erroneously determined that Mrs Childress had committed the offense, he did nothing to establish the intent."
Williams testified at his deposition that that Childress had called and stated that a man had a gun was all of the probable cause he needed. |
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Sat Jan 19, 2019 7:51 am |
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untanglingwebs
El Supremo
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Jones also was not investigated for his failure to intervene in the violation of the constitutional rights of Childress and for allowing Williams to arrest herand detain her for hours,
b. Further evidence of failure to investigate in the Leonard Fox Investigation
On February 8,1992, the same day as the assault on Mr Fox by Jones, Fox and his sister Mrs Roberta Robinson filed a report to the FPD A listed witness was Sharon Kimberly Crayton. Sgt Enix Wright took the complaint and gave a one-page investigative synopsis the next day Lt John Steele.
Omissions from the report was Jones admission he was on the porch of Mr. Fox or any reference to the long history of citizen complaints about Jones . Also no mention of interviewing witness Crayton. |
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Sat Jan 19, 2019 8:11 am |
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untanglingwebs
El Supremo
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The version of events by the officers was accepted and a recommendation of no discipline and no further investigation. A supposed admission by Mrs Robinson that she should have been arrested for interfering with the police is illogical since she filed a police complaint.
After Fox took his complaint to the Ombudsman's office which requested an investigation by the FPD Division of Investigations. Once again Lt. Shuker only reviewed the officer's 5 x 8's. Shuker then advised Police Chief Duncan that the officers denied shutting the door on Foxnor being the cause of any injury to him. Once again Jones was exonerated, this time by Shuker. " Mr Fox was notified by Shuker in a letter dated March 18, 1992 that the investigation that his allegations were exonerated against the officer(s). This means the incident did occur but was lawful and legal.'
The issue of unlawful arrest at the police station was nt addressed nor was the issue of whether there was excessive force used. |
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Sat Jan 19, 2019 8:29 am |
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untanglingwebs
El Supremo
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In contrast, the Ombudsman's office conducted a thorough and reasonable investigation. The medical records of Mr Fox confirmed his injuries at the hands of Jones. The discrepancies in the reports of Officer Jones and Officer White were disputed by three witnesses that supported Fox in his claim that he never lleft the house and that Jones did shut the screen door on Mr. Fox.
Raheem pointed out the illogical the statement of Jones was that he only maced Fox for the safety of himself and his partner and if safety was a concern then why didn't he help his partner in searching a fleeing suspect. Instead he began a confrontation with a man having one leg in a cast that was in his home several feet away. Additionally, the Ombudsman questioned what motive did Jones have for arresting Fox in the police station when he was trying to file a complaint.. |
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Sat Jan 19, 2019 8:43 am |
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untanglingwebs
El Supremo
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c. The Craig Lee incident as evidence of failure to investigate
The 5 x 8 reports of of this incident of either Williams state that Sgt Enix Wright was present at the scene of the arrest. The problem is that on the misdemeanor Warrant has Enix Wright as a witness to the actua assault (7/16/91) If Sgt. Wrigt was an actual witness then Sgt Linda Winfrey failed to obtain a 5 x 8 report from him as part of her internal investigation.There was no evidence in the documentation that was produced to verify that he was at the scene or that he witnessed the assault. "Sgt . Winfrey addressed either of these glaring and obvious discrepancies"
Also Raheem noted that Winfrey never addressed whether" Williams had probable cause to arrest Mr Lee whose only wrong was to exercise his free speech to the Police'.* |
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Sat Jan 19, 2019 9:52 am |
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