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Phoenix Police Officers Struggle with Brutality

Phoenix Police Facing Backlash Over Brutality

A 17-year-veteran of the Phoenix Police Department who was fired earlier this year after an incident of police brutality is back on the job, assigned to the Maryvale-Estrella Precinct.

Officer Kevin McGowan was involved in an incident on Dec. 23, 2014 at a smoke shop near 40th Street and McDowell Road. He was found to have used excessive force resulting in an injury to an 18-year-old named Patrick D’Labik.

The entire incident was caught on video tape. The Phoenix Police Department released that footage in April, shortly after McGowan’s termination.

The video shows McGowan walking into the store and pulling his weapon.

At the same time you see D’Labik put something down on the store counter and raise both his hands in the air.

D’Labik then starts to get down on the ground in a push-up-type position and was almost on the ground when McGowan stomps on D’Labik’s upper back, forcing his arms to buckle and his face to smash against the ground.

“I tasted blood, and that’s when I had spit and I looked on the ground and my teeth was already there,” D’Labik in an interview after the incident.

The strike knocked out three of D’Labik’s teeth and broke two others. D’Labik said that at the time, he didn’t know what the officer used to push him to the ground.

“I just know that he pushed me down more than he should have – way more than he should have,” D’Labik said.

Although the Maricopa County Attorney’s Office declined to prosecute McGowan for aggravated assault, citing “no crime committed,” Phoenix Police Chief Joe Yahner said McGowan’s violation of policy warranted his firing.

McGowan appealed.

Phoenix Police Struggle with Brutality

The Phoenix Civil Service Board last week agreed with the recommendation of the hearing officer who heard McGowan’s case, and reinstated him to his former position.

The hearing officer described McGowan’s behavior during the December 2014 incident as “unacceptable,” but determined that “dismissal is not reasonable or appropriate under the circumstances.”

“There is no evidence of a pattern of improper behavior,” the hearing officer wrote in her recommendation. That officer also pointed out that McGowan amassed an “extensive amount of commendations and awards” during his 17 years on the job. In addition, she said McGowan accepted responsibility for his actions and “has sought counseling and continues to do so to ensure he can better deal with stress so that this type of incident would not recur.”

Although McGowan has not commented on this turn of events, his attorney, Steven J. Serbalik, issued a statement.

“On April 7, 2015, Officer McGowan was terminated. On August 13, 2015 the Phoenix Civil Service Board voted to reinstate Officer Kevin McGowan to his former position as a Police Officer for the City of Phoenix. Officer McGowan is a decorated 17-year veteran of the Department. He earned dozens of commendations and had no significant prior discipline.

“As we stated before, the video obtained by the media does not show the complete series of events related to this detention/arrest.

“The entirety of this incident, including the video, was reviewed by an independent expert and by a panel of attorneys at the Maricopa County Attorney’s Office. These reviews resulted in a determination that no crime was committed by Officer McGowan. Officer McGowan filed an appeal of his termination. A hearing was held before a neutral hearing officer on June 22, 2015.

“Officer McGowan respects the Civil Service Process, and is thankful that he had the opportunity for a hearing officer and a panel of citizens to review all of the facts related to his employment, not just a video showing an excerpt of a single incident.

“The hearing officer, after reviewing not only the video, but also hundreds of pages of additional information and hours of witness and supervisory testimony, recommended that Officer McGowan be reinstated. The Phoenix Civil Service Board, consisting of appointed civilian members, adopted the report and recommendation, and ordered Officer McGowan’s reinstatement. Officer McGowan received a 240-hour unpaid suspension, and was not awarded back pay.

“Officer McGowan will not be giving any interviews related to this incident, and this will be the only statement he will give related to this matter.”

For its part, the Phoenix Police Department has not said anything about the board’s decision to reinstate McGowan other to confirm that he is back on the job and his assignment.

D’Labik, whose injuries still cause him pain, described McGowan’s reinstatement as “really aggravating.”

“I mean, I ain’t getting my teeth back. … Why should he get his job back?” he asked. “For what? Why should you be able to do something like that and get your job back?”

“I just don’t think the man deserves his job back,” D’Labik’s grandmother, LaVerne O’Hare, said. “I really don’t.”

While she’s not worried for herself or her grandson, the fact that McGowan is back on the job troubles O’Hare.

“I didn’t think it was right for the simple fact that I don’t know what the man could do on another time,” she explained. “I’m not concerned for any of us. I’m concerned for anybody else out in there in Phoenix that might come across him.”

Although she is still angry about what McGowan did to her grandson and wholeheartedly disagrees with the board’s decision to reinstate him, she concedes that time will tell if the board did the right thing.

“If he can keep himself controlled and do things the way he’s suppose to in the future then it’s OK, but I just personally myself, because of what happened to my grandson, I don’t think it’s right,” she said. “I understand he needs a job he needs to make money. He needs to support his family but what he did to my grandson was not right.”

D’Labik believes it is unfair that McGowan got his job back, but he is pragmatic about it.

“I mean it is what it is,” he said. “There’s nothing I can do about it.”

Comprised of five people appointed by the City Council, the Phoenix Civil Service Board “hears appeals of disciplinary demotions, discharges, and suspensions of [city] employees,” including police officers.

Current members include Robert Lord, Kurt Mangum, Bruce Meyerson, Craig Steblay and Adrienne Wilhoit.

 

 

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Pedestrian Accident Personal Injury Wrongful Death

Teen Dies After Friday Shooting

Teen Dies After Being Shot in a Friday Night Shooting

 

Friday night, tragedy struck for the family of a teenager who died after being killed in a shooting. The Maricopa County Sheriff’s Office said that the teen died due to being shot in the head.

 

Police say that two cars had been traveling in the 67 Ave & Broadway area when someone from one of the vehicles had fired into the other car. The end result, was the seventeen year old girl, dead. The teen’s friends drove her to a nearby Walmart which was near the 75th Avenue and Lower Buckeye Road so that they could hopefully get her some help.

 

Friends Take Shooting Victim Friend to Local Walmart for Help

Shootings happen anywhere at any time. It seems like a shooting could happen at a wedding or even a baby shower now days. You just never know when or what could cause a shooting.

According to the report, the Walmart was pretty busy at the time, according to the witnesses there were at least hundreds of shoppers inside. The managers of the Walmart started yelling that there was a shooting and everyone had to leave the store immediately.

Of course, shoppers went into a frenzy. Witness, Angie Vargas was shopping with her daughter at the time and says that people started to panic.

 

Angie’s Statement:

Someone said it’s a shooting and everyone started running. I grabbed my daughter and we didn’t know where to go. Kids were crying, running around looking for their moms and we’re like ‘go over there!’

 

Police say that the young girl had to be taken to the Phoenix Children’s Hospital. She was in pretty critical condition at the time, she sadly later died.

There is no information about the suspects in the shooting at this time. The name of the young girl who died, has not been released at this time.

Let’s hope that this family can find a way to heal after the devastating loss of a child.

 

 

 

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Marijuana Drug Bust in Phoenix

Police Finds Crate Carrying Marijuana

 

Metro police intercepted a crate containing 140 pounds of marijuana shipped from Phoenix for distribution to street dealers in Nashville Thursday.

When detectives received information that the 327 pound wooden crate located at a local freight company could be tied to criminal activity, they sent Caine, a police dog, to check, police said.

With the help of a Caine, officers found 140 pounds of marijuana inside the cargo during a search warrant, repackaged the marijuana and followed the shipment to a home in the 5000 block of Ryan Allen Court, the affidavit continues.

Police arrested Tusabi Edwards, 40, and Terrence Reames, 38, in connection with possession with intent to sell, deliver, or manufacture a controlled substance in a school zone.

Depending on the grade of the marijuana, current drug prices provided by Metro police show it’s valued at anywhere between $385,000 to $630,000.

His co-defendant, Reames, told police Edwards came to Nashville to oversee the load of marijuana and that Edwards was supposed to sell the marijuana in Nashville. Reams also said he was to receive $2000 for his part to distribute the marijuana for providing a place to receive and break down the marijuana for re-sale in Nashville, the affidavit states.

Edwards is being held in lieu of $200,000 bond. Reames’ bond is set at $50,000.

As of Friday morning both men remained incarcerated at the Metro jail.

PART 2

The Maricopa County Drug Task Force removes Marijuana plants and growing materials after shutting down an allegedly illegal grow operation at a warehouse located near 40th Street and Washington on Tuesday, April 19, 2016, in Phoenix, Ariz. Danny Miller / azcentral.com | The Republic

Armed with a search warrant, authorities arrived at a grow warehouse near 40th and Washington streets at 7:30 a.m. and seized more than 600 marijuana plants in what may have been one of the county’s largest drug busts, said Lt. Jeff Gentry of the Maricopa County Sheriff’s Office.

Hash, edibles and kief — a dried form of marijuana — also were found at the warehouse.The marijuana collected from the warehouse will be dried at a Drug Enforcement Administration facility and then will be packaged as evidence, Gentry said.

A total of 12 warrants were served in Scottsdale, Phoenix and Fountain Hills in connection with the investigation. Among the items seized were guns and more than $100,000 in cash, according to officials.

A father and son are believed to head more than 10 similar marijuana grow facilities in Phoenix and northern Arizona that have been running for about a year and a half and have generated at least $16 million for the operators during that time, Gentry said. That dollar amount is a conservative estimate, he said.

Arrested Tuesday were Perry Lee Hestor, 57, Brandon Lee Hestor, 35, Christopher Neil Rafferty, 36, James Allen Donaldson, 62, and Christopher Yancy Martin, 44. All have been booked into the Fourth Avenue Jail and face charges including fraudulent schemes and illegal possession and selling of marijuana, officials said.

Gentry said those involved in the illegal enterprise posed as caregivers, which, under the Arizona Medical Marijuana Act, would allow them to grow up to 12 marijuana plants provided they did not live within 25 miles of a dispensary. The task force kept the warehouse under surveillance for about four months and did not witness any deliveries that exceeded 25 miles, Gentry said.

A Sheriff’s Office statement said the business is believed to have grown over 2,000 pounds of marijuana per year since they began their operation in late 2013.

Authorities were initially directed to the warehouse after complaints of a strong odor wafting in the area.

In a press conference Tuesday afternoon, sheriff’s spokesman Joaquin Enriquez explained the business flouted state standards for legal dispensaries by neglecting to have background checks for employees, dispensary fees, agent cards, safety regulations, product inspection, inventory controls, taxes and transportation limits or regulations.

Sheriff Joe Arpaio said detectives believe up to 25 individuals were involved in the illegal enterprise and about 15 more suspects are under investigation.

He said the operation involved people “just trying to make money” and that investigators found no connection between the business and Mexican drug cartels.

“We cannot blame Mexico for this,” Arpaio said, tapping the wooden podium forcefully with his finger. “This is domestic. This is home grown.”

The Maricopa County Drug Suppression Task Force includes law-enforcement personnel from agencies including area police departments, the Arizona Attorney General’s Office, the U.S. Border Patrol and the U.S. Drug Enforcement Administration.

 

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Police Raids Home for Marijuana and Cocaine

Police Investigate Marijuana and Cocaine Finding

Police are fighting the ongoing

 

 

 

A police raid in Oswego County led to the arrest of a man accused of having marijuana, cocaine and thousands of dollars in drug money.

Jared M. Kempston, 23, of 104 State St., Phoenix, was charged with third-degree criminal possession of a controlled substance (more than 1/2 an ounce), third-degree criminal possession of a controlled substance with intent to sell, and second-degree criminal possession of marijuana. All are felonies.

The Oswego County Drug Task Force said that around 8 a.m. on Friday July, 29, it’s investigators raided Kempston’s home with Phoenix police.

After executing a search warrant, investigators seized 5.1 pounds of marijuana, 17 grams of cocaine and $10,627 in suspected drug money, police said. Authorities did not share details of their investigation or say what led them to Kempston.

Police said the seized drugs have a street value of about $25,000.

Kempston was arraigned in Volney Town Court and released on his own recognizance

part 2

Superior’s new K9 unit assisted in a significant drug bust this week. The seizure included a Jeep Cherokee, over 2,500 in cash, a half a kilo of methamphetamines, and 2 guns. Two suspects were taken into custody. The investigation is ongoing.

  On Monday morning, Aug. 1, 2016, to the east of Superior, Officer Scott Curry pulled over a car for speeding. Upon questioning the driver Officer Curry decided a pat search was in order. During the search, the Officer discovered a loaded weapon in the suspect’s pocket. Officer Curry then called in the Superior K9 Unit. The dog successfully detected drugs in the vehicle. This was the K9 Unit’s third successful drug detection since Ace has been on the job. Ace started working for the Department less than a week ago. Chief Neuss indicated that this latest drug bust is the largest single seizure in the time he has been Superior’s Chief of Police.

  The K9 unit consists of Officer Bryan Lawrence and his canine companion Ace. Ace is a year and eight month old rescue pit bull. Narcotic dogs are usually Labrador Retrievers or German Shepherds. 

  “He is the only working narcotics pit bull in the State of Arizona,” Chief Neuss stated, “Ace is not trained for biting or holding or handler protection.” His only job is to find narcotics.

  Despite the reputation of this fierce breed Ace is a friendly and easy going dog who is great with children. Superior obtained Ace from a grant through Universal K9, a nonprofit out of San Antonia, Texas, and with the help of the Animal Farm Foundation. The officer’s training and the trip to pick up canine Ace was paid for through the Resolution Emergency Services Contract Funding. So far this entire program has been paid for through grant funding.

Chief Neuss states he is very thankful for the trainers and handlers of Universal K9 who not only helped them acquire the dog, but took special care to make sure that the dog selected was a good match for Officer Lawrence.

  “The breed has kind of gotten a bad name in the past,” said Officer Lawrence. “That they are very aggressive. That they are mean…people have gotten the wrong impression.” Officer Lawrence went on to say that when pit bulls go bad they are made that way by human beings. That the breed is very loyal to their owners and handlers. “He is great with kids. He is great with other dogs.”

  Ace has gone through eight weeks of intensive narcotics detection training. Officer Lawrence completed two weeks of training and he is still in the process of working with, and building a closer bond with, canine Ace. It takes three or four months for the handler and the dog to fully bond. Officer Lawrence states that Ace’s training in narcotic detection will continue for the dog’s entire career. It’s training that is given to the dog not only when he is working in the field, but also when he is at home.

  According to Chief Neuss, a K9 Unit was sorely needed in Superior as the town’s position on the junction of two highways makes it a very convenient and active drug trafficking path on the way to metro Phoenix. Chief Neuss hopes to expand the program in the future.

  Chief Neuss stated that so far canine Ace has a one hundred percent successful detection rate. Ace has only been on the job for less than a week. As Ace and his handler become more experienced and more comfortable in their working relationship, they will continue to help Superior Police Department decrease the flow of drugs moving through our community.

pRTR 3

The Drug Enforcement Administration arrested multiple people in Tucson on Wednesday after a long-term federal investigation targeting the sales and distribution of synthetic cannabinoids, also known as “spice.”

Authorities found nearly 600 pounds of synthetic cannabinoids and a possible spice lab, along with multiple luxury vehicles and more the $350,000 in cash.

“This operation will be instrumental in restoring the quality of life for the neighborhoods impacted by the effects of the “spice” epidemic,” Tucson Police Department Chief Chris Mangus said in a press release. “We would like to thank the federal and local partners who participated with us during this investigation, as well as the community, who has patiently waited for this investigation to conclude.”

The DEA teamed up with IRS-Criminal Investigation, U.S. Border Patrol and local and federal Homeland Security agents in order to investigate people of interest and search warrants within this case.

“Through the combined efforts of local, state and federal law enforcement agencies, today’s arrests truly impact the safety and well-being of citizens within our local communities,” FBI Special Agent Michael DeLeon from the Phoenix field office said.

The investigation resulted in 18 total arrests in Arizona, California and Colorado.

 

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Multiple Robberies in Phoenix

Police Searching for Robberies Suspects

According to the Tempe police, there have been three people arrested and two other people are still at large after a string of robberies in Phoenix as well as Tempe.

Spokesman, Lt. Michael Pooley stated that in the early morning of 1:30 a.m. a Whataburger was robbed. It was located at 48th Street and Broadway Road in Phoenix. There was also a carjacking in Phoenix on 40th Street, south of Baseline Road. Tempe was also busy, with another robbery of a person at Priest and Elliot roads.

The Maricopa County Sheriff’s Office was able to locate and then tried to stop a suspect in a vehicle which was in the town of Guadalupe. However the vehicle ran from the police. According to Lt. Pooley, there was a police helicopter that had to be brought in to help with the search. The helicopter followed the suspects to the area of Ninth Street and Farmer Avenue which is in Tempe. Three people then jumped from the vehicle and started running away on foot.

Suspects of Robberies Flee Scene

The vehicle was still running at the time and then crashed into a moving train. Talk about a messy situation. There was luckily no injuries from the crash. Pooley said that there were three people found and then taken into custody.

The two people who stole the Nissan Altima are still at large at this time.

Police Arrest Robberies Suspects

Talk about a busy month or so in Phoenix. The Phoenix police say that five teenage boys are now in custody after they were arrested for multiple armed robberies.

Officer James Holmes say that the officers was able to arrest the five teenagers after they were found in a pickup truck that matched a description of a suspect vehicle from three robberies reported earlier in the week.

Of course the young men ran from the truck. Luckily the police were able to quickly apprehend the two males. The officers then found three more people hiding in the trash cans in the back yard of a home around an hour later.

Officer Holmes said that a police dog bit one of the teenagers due to the fact that the young man was refusing to comply with police commands.

Officer Holmes also said that the three teenagers were suspect of at least five armed robberies and that it’s possible that, that number could rise to a total of seven armed robberies.

 

Police Find Robberies Suspects

Police search long and hard for people who do crimes. You never know what kind of situation you’ll come across. Now the police have arrested five robbery suspects. They were arrested near 55th and Southern Avenues. They have been linked to at least five crimes at this time.

The suspects ages range from 14 to 16 years old. How crazy is it that these KIDS have already started a life of crime? The 14 and 16 year olds are linked to at least five robberies.

ABC15 NEWS Quote

ABC15 video showed one man, who was wearing dark shorts and no shirt, in a backyard of a Laveen home taken away by police. A second individual was also seen taken into custody; that individual was wearing a dark shirt and jeans. A third subject, wearing red shorts and no shirt, was also taken into custody but taken away in an ambulance after he was injured by a police canine. A white truck, with three doors open, was also spotted in the area surrounded by police.

According to the police, the weapons were tossed from the suspect vehicle. Police went door to door searching the neighborhood.

 

 

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Heartbreaking Child Abuse Cases in Phoenix

Phoenix Mother Arrested for Child Abuse

Child Abuse is sadly becoming more common in the United States. More and more people are getting their kids rightfully taken away for being malicious towards their kids.

A Phoenix mother has at least fifteen child welfare cases against her. Now the police have finally rescued her son from the very filthy home they lived in.

The most recent case against the mother, was opened in February 2016. However the DCS spokesman wouldn’t give any information about that case.

According to the court records, the interior of the home in Phoenix was so disgusting that the first responders could only stand to be in the home for ten minutes at a time.

Police Search Child Abuse Case Home

The police showed up to the home of a twenty-eight year old woman, Vernia Elizabeth Livingston an thirty-two year old, Gilbert Martinez. This happened on May 27th 2016. According to the reports, the landlord had gone inside of the home to spray for bugs. But when the landlord got inside he was quite surprised to find that the home was in “an overwhelming state of filth”. The home was completely infested with bed bugs, cockroaches as well as rats. That’s most adults worst nightmares, let alone innocent children.

The landlord then contacted the police since she knew that an eight year old child had to suffer through living there. The landlord had been close with the family for some years.

Landlord’s Statement:

I know there is a [DCS] case open right now, so I don’t know how it could get his bad and they not do something prior.

The police have found some dogs and cats chasing and eating the rats at the home. Talk about nasty. The home was reportedly located near 37th Avenue and Deer Valley Road.

 

Police Reported that:

The furniture, walls, ceilings and floors were so highly infested with bed bugs that in some places, the ceilings appeared to be black.

Police also found that there was disturbingly large amount of animals as well as bug feces throughout the home. Including where the boy would eat and sleep. During the investigation they also found prescription drugs and weapons near the child’s toys.

They police have said that the child was well spoken and was able to tell the police that he usually feeds himself however he didn’t have any lunch or dinner that day. The little boy didn’t want the DCS to be called because he understandably likes living with his mother. No matter the horrible conditions you always love your mother.

DCS had to be called and they eventually ended up taking custody of the child.

 

Landlord’s Statement:

I hope that he gets placed in a normal home that’s loving and obviously clean and not disgusting.

The little boy also told the police that he doesn’t get to shower that often since the shower is broken. He also lost his toothbrush. How sad!

Both of the adults were arrested and will face preliminary charges for child abuse. They have both been released from jail, pending trial. A friend of the couple told the police that the house was in such a mess because the family was getting ready to move. She also blamed the landlord for their pest issues.

 

Phoenix Couple Charged for Child Abuse

Another Phoenix couple is going to be facing charges of child abuse against a six year old boy. The boy sadly suffered from severe burns where the young child had to stand barefoot on the hot ground!

 

 

Police say Mark Simmons, 27, made the boy stand barefoot in the backyard for 10 minutes as punishment and hit him multiple times with a belt, leaving bruises.

Sarah Simmons, 30, is accused of cutting the blistered flaps from the bottom of the boy’s feet and threatening to make him stand outside again if he didn’t stop crying, according to court documents.

Phoenix police Child Crime Detectives began investigating the case after being called to the Maricopa County Burn Center on July 12, two days after the incident took place.

Sarah Simmons would later tell police that they didn’t seek immediate medical treatment for the child because she was “afraid the children in the house would be taken away,” police wrote in court record.

“It was only when the victim’s wounds became infected and the top of his feet became red that she and Mark decided to call the fire department for medical care,” police wrote.

Mark Simmons was arrested on suspicion of two counts of child abuse on July 13 but has since been indicted by a grand jury. His next court appearance is set for 8:15 a.m. Sept. 13.

Sarah Simmons was booked into jail Thursday on suspicion of child abuse. Police said in court records that, prior to the latest incident, she has been the subject of approximately 30 Arizona Department of Child Safety reports. Her next court appearance is set for 8:30 a.m. August 11 in Maricopa County Superior Court.

 

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