Posts Tagged ‘officers’

Char-Meck Detectives Investigating a Home Invasion-Robbery & Homicide

August 25, 2009

Saturday, August 22, 2009


The Charlotte-Mecklenburg Police Department is investigating a home invasion/robbery which resulted in a homicide. The victim has been identified as 15-year old, Marcus Antonio Steven Fluker.

At 12:41 p.m., North Tryon Division officers responded to a home invasion robbery where four suspects broke into a home at 7619 Grier Road.

An elderly couple was inside the residence when the suspects broke in, tied up the male victim and then proceeded to ransack the house. At least one of the suspects was armed with a handgun.

After the suspects fled the scene on foot, the male victim freed himself, had his wife call 911 and then went to look for the suspects.

A few minutes later and a short distance away, the male home invasion victim encountered the suspects on Ginger Lane. The victim fired a handgun at one of the suspects, striking Mr. Fluker at least once.

At 12:44 p.m., CMPD telecommunications received a call in reference to the shooting which took place on Ginger Lane. When officers arrived on scene, they located Mr. Fluker lying on the ground suffering from an apparent gunshot wound. The Charlotte Fire Department and Medic arrived on scene, treated Mr. Fluker and transported him to CMC where he was pronounced deceased shortly after arrival.

Officers detained the victim of the home invasion robbery shortly after the shooting and transported him to police headquarters. The individual responsible for the shooting on Ginger Lane is the victim from the home invasion robbery.

Detectives with the Homicide Unit, ADW Unit, Robbery Unit, Gang and Firearm Enforcement Unit and officers with the North Tryon Division conducted a neighborhood canvass. Crime Scene Search was on scene as well collecting physical evidence and photographing the scene.

Homicide Detectives are working closely with the Mecklenburg County District Attorney’s Office to determine if any charges will be filed against the victim of the robbery who shot Mr. Fluker.

Three suspects are in custody in connection to the home invasion robbery. Their names and charges are as follows:

** Joseph Graves– Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Matthew Everett Morgan– Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery
** Tahjaue Wiley- Charged with 2nd Degree Burglary, Robbery with a Dangerous Weapon & Conspiracy to Commit Robbery.


Mom, 80, shoots at deputies as son hides in closet

August 21, 2009


JACKSON, Tenn. – An 80-year-old West Tennessee woman and her son are being held in jail after deputies said she shot at them when they came to arrest the man. Sheriff Melvin Bond said the elderly woman fired several shots at officers Friday night in a standoff that began when deputies tried to capture her 60-year-old son.

The Jackson Sun quoted Bond who said four deputies went to the woman’s mobile home on a tip that her son was there. Bond said officers heard the man talking inside the trailer and — when they knocked on the door — the woman opened it, slammed it shut and fired a shot through it.

The deputies took cover and, during the hour-long standoff, two more shots were fired through the door.

There were no injuries. The man was found hiding in a closet

Court to tackle clarity of Miranda warnings again

June 25, 2009
By MICHAEL J. SNIFFEN, Associated Press Writer Michael J. Sniffen, Associated Press Writer Mon Jun 22, 5:36 pm ET

WASHINGTON – “You have the right to remain silent.” Most people only hear those words while watching cop shows on TV. They usually zone out for the rest of the now familiar Miranda warning to people under arrest.

But in the real world, the Supreme Court is still listening to the words that follow. It agreed Monday to hear another case over just how explicit that phrasing must be.

In its landmark 1966 Miranda v. Arizona ruling, the high court set out to protect the constitutional right of people not to incriminate themselves once in custody. They dealt a blow to those officers who bullied or beat false confessions out of suspects. The justices said the police have to tell defendants they can have a lawyer represent them, even if they can’t afford one.

Since 1966, dozens of prosecutors and defendants have asked the court to clarify its ruling. The court has addressed many of those appeals and reaffirmed its basic ruling in 2000.

Along the way, the justices made clear they don’t insist that every police officer use precisely the same words, so long as the important details are clear, even to people with no legal training or little or no schooling.

Monday they agreed to examine what the Tampa, Fla., police told Kevin Dewayne Powell after his arrest on Aug. 10, 2004. Powell was convicted of possessing a firearm. As a convicted felon, he wasn’t allowed to have one. Powell told Tampa officer Salvatore Augeri he bought the weapon “off the street” for $150 for his protection.

But the Florida Supreme Court overturned the conviction on grounds the Tampa police didn’t adequately convey to Powell that he was allowed to have a lawyer with him during questioning.

Florida law enforcement, in the person of chief assistant attorney general Robert J. Krauss, asked the Supreme Court to decide the Tampa police gave Powell a clear enough Miranda warning. On behalf of Powell, Cynthia Dodge, an assistant public defender in Polk County, Fla., argued in a brief that the justices should let the Florida ruling stand because it conformed to previous Miranda rulings and also relied on Florida‘s own constitution.

Before he confessed to Augeri, Powell signed a statement that said he could remain silent and, if he did talk, what he said could be used against him in court. The statement added:

“You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview.”

The Supreme Court’s original Miranda ruling said whatever words the police used they had to make clear that a suspect could “have the lawyer with him during interrogation.”

Florida’s highest court found the Tampa warning fell short of this essential element because Powell was “never unequivocally informed that he had the right to have an attorney present at all times” during the police interview and limited the narrower right “to talk to” counsel to the period “before answering any of our questions.” The Florida justices ruled that the last sentence of what Powell signed “did not supply the missing warning of the right to have counsel present during police questioning because a right that has never been expressed cannot be reiterated.”

Dodge said the warning to Powell implied that his right to counsel was limited to a conversation before the police began questioning.

For the state, Krauss argued that only “a strained, literalistic reading, inattentive to context” could conclude Powell could not have a lawyer present during questioning. “While the warning at issue may not be the most elegant formulation of Miranda warnings,” Krauss wrote, “the test is reasonable clarity, not elegance.”

Krauss said the Supreme Court should resolve differences between federal circuit courts of appeals on how explicit police must be that a lawyer can sit in on their interrogations.

The case is 08-1175, Florida v. Powell.

Carthage, NC Officer Takes Down Multiple Murderer

April 6, 2009

Carthage, NC Officer Justin Garner, 25, was the only officer on duty when a call for help was made from the Pinelake Health & Rehab Center on Pinehurst Avenue in the small Moore County town about 90 miles east of Charlotte on Sunday March 30, 2009 at 10 a.m.

 Garner, who has been an officer with the 17 member Carthage Police Force for more than 4 years, was once named “Officer of the Year”, more than proved himself  as being worthy of wearing a badge. It is clear that Garner, by his actions, understands what it means to serve & protect his community.

 By the time Garner arrived at Pinelake he was aware that an armed man had entered the center, shot & killed several helpless people, some in their wheelchairs with no ability, let alone chance, to flee, and that the man was still in the building firing his weapons. He also knew that any back-up officers coming to his aid would not arrive any time soon as he was the only officer on duty.

 However, according to witnesses at the scene, when Garner arrived at Pinelake he exited his patrol car, immediately entered the building and began searching for the murderer with his .40 caliber pistol in hand.

 Eventually, when Officer Garner found the man he was fired upon and struck in the left leg, but he was able to return fire striking the man we now know is Kenneth Stewart, 45, in the chest dropping him in his tracks and ending the ordeal. It was 10:15 a.m., just 15 minutes after Garner had arrived, but I’m sure those 15 minutes felt like hours to the Officer.

 In all, Stewart killed 7 patients in the center and 1 staff member, a male nurse, 39 year old Jerry Avant, who served in the U.S. Coast Guard for 10 years before becoming a nurse. Witnesses said when Stewart entered the center, Avant used the building wide intercom to alert everyone of what was happening and gave instructions for patients to lock their doors. It is believed that Avant was killed while trying to shield patients with his body.

 Carthage Police Chief Chris Mckenzie said that when he arrived at the center he saw what Officer Garner had walked past as he hunted the killer and described it as “unimaginable, horrific, everything that you can imagine that’s bad in this world”. Mckenzie also said that Garner acted just as he was trained saying “If we wait, folks are going to die”.

 Officer Garner was treated for his leg wound and was at home resting with his wife. Through Chief Mckenzie he declined to be interviewed. Mckenzie said that Garner will need outpatient surgery and that it was unclear when he would return to duty, but that Garner could take as long as he wanted to recover.

 In short, Officer Justin Garner and Nurse Jerry Avant are genuine heroes that the rest of us behind the badge can only hope to live up to.

19 die in bloody siege at Pakistan police academy

March 30, 2009

By BABAR DOGAR, Associated Press Writer

LAHORE, Pakistan – A group of gunmen, some in police uniforms, attacked a police academy Monday and held it for hours, seizing hostages, throwing grenades and killing at least 11 people before being overpowered by Pakistani commandos.

Six militants were arrested and eight died in the eight-hour battle to retake the compound on the outskirts of this city in eastern Pakistan, said Rao Iftikhar, a top government official in Punjab province.

As the siege ended, black-clad Pakistani commandos fired their guns in the air in celebration at the top of the building, shouting “God is Great!” and “Long live Punjab police!”

Officials said more than 90 officers were wounded and that some of the attackers wore police uniforms.

The highly coordinated attack underscored the threat that militancy poses to the U.S.-allied, nuclear-armed country and prompted Pakistan’s top civilian security official to say that militant groups were “destabilizing the country.”

The attack on the Manawan Police Training School began as dozens of the officers carried out morning drills. About 700 trainees were inside at the time.

“We were attacked with bombs. Thick smoke surrounded us. We all ran in panic in different directions,” said Mohammad Asif, a wounded officer taken to a hospital. He described the attackers as bearded and young.

Another officer, Ahsan Younus, told The Associated Press that some of the attackers wore police uniforms and took some of the police hostage.

TV footage showed several frightened police officers jumping over the wall of the academy to flee. Some crouched behind the wall of the compound, their rifles pointed toward the parade ground where police said the attack took place. Farther back, masses of security forces and civilians monitored the tense standoff, taking shelter behind security and rescue vehicles.

The forces had surrounded the compound, exchanging fire in televised scenes reminiscent of the militant siege in the Indian city of Mumbai in November and the attack on Sri Lanka‘s cricketers earlier this month in Lahore.

Armored vehicles entered the compound while helicopters hovered overhead. At times, explosions rocked the scene.

At one point, security forces cornered several militants on the top floor of a building on the compound, where the gunmen held about 35 hostages, Iftikhar said.

“The eight hours were like eight centuries,” said Mohammad Salman, 23, one of the hostages. “It was like I died several times. I had made up my mind that it was all over.”

Police captured one of the suspected gunmen six hours after the initial assault, dragging the scruffy, bearded man to a field outside the academy and kicking him.

Iftikhar confirmed that six militants were arrested. Of the eight dead, two blew themselves up, he said. Army spokesman Maj. Gen. Athar Abbas said eight police were killed, while Punjab police spokesman Athar Khan said three civilians were also among the dead.

On the roof of the building where hostages were kept, an AP photographer saw body parts, blood and spent ammunition strewn about, and several police officers — apparently hostages — came out with their hands above their heads in fear.

No militant group immediately claimed responsibility, but Interior Ministry chief Rehman Malik suggested it could have been Lashkar-e-Jhangvi, a Punjab-based al-Qaida-linked terrorist group that has been implicated in several other attacks in the country.

Pakistan has endured scores of suicide bombings and other attacks in recent years, and it faces tremendous U.S. pressure to eradicate al-Qaida and Taliban insurgents on its soil. Most of the violence occurs along the country’s northwest border with Afghanistan, but attacks have occurred in all the major cities.

Monday’s attack occurred close to the Indian border.

The attacks pose a major test for the weak, year-old civilian administration of Pakistani President Asif Ali Zardari, which has been gripped with political turmoil in recent weeks. The Obama administration has warned Pakistan that militancy threatens the nation’s very existence, while U.S. officials complain the country’s spy agencies still keep ties with some of the insurgent groups.

Malik said Pakistan’s integrity was “in danger at this time” and suggested that a foreign country was interfering in the country’s domestic affairs, a possible reference to longtime foe India.

“Some rival country, or some hostile (intelligence) agency is definitely out to destabilize our democratic forces,” he told reporters in Lahore.

Earlier, he told state-run TV that Pakistan’s police were not equipped to fight the wave of terrorism.

“In our country, at our different borders, arms are coming in, stinger missiles are coming in, rocket launchers are coming in, heavy equipment is coming — it should be stopped,” Malik said. “Whoever the anti-state elements are, they are destabilizing the country.”

India’s Foreign Secretary Shivshankar Menon told reporters his country was “deeply saddened and shocked by the events in Lahore.”

British Foreign Secretary David Miliband released a statement condemning the attack.

The U.S. Embassy in Islamabad issued a warning advising Americans to avoid travel between Lahore and the Indian border and prohibiting its employees from doing the same.

Lahore, a vibrant metropolis considered by many to be Pakistan’s cultural capital, has become an increasingly alluring target for militants. The cricket ambush in early March sparked a battle that left six police officers and a driver dead and wounded several players.

Those gunmen escaped unscathed and have not been publicly identified.

The brazen assault used commando-style tactics reminiscent of measures used by the militants who laid siege to several parts of Mumbai last year for three days. The Sri Lankan attack also had similar features — including heavily armed, backpack-toting gunmen — but it was much quicker. Observers have since speculated that those attackers might have hoped to grab hostages as well.

India has blamed the Pakistani militant group Lashkar-e-Taiba for the Mumbai assault, and Pakistan has taken several of the outfit’s alleged leaders into custody. Lashkar-e-Taiba, which is largely based in eastern Punjab province, has denied involvement in both attacks.

Several militant groups operate well beyond Pakistan’s northwest. Some of them, including Lashkar-e-Taiba, have their roots in the Kashmir dispute with India, and Pakistani spy agencies are believed to have established them.

Pakistan’s stability is of paramount concern to the U.S., which is fighting a growing Taliban insurgency in Afghanistan more than seven years after the American-led invasion ousted the militant regime from power there. Al-Qaida and Taliban fighters are believed to hide out in Pakistan’s northwest while planning attacks on U.S. and NATO forces in Afghanistan.

In unveiling a new strategy for Afghanistan last week, President Barack Obama pledged more aid to Pakistan but warned it not to expect a “blank check” without any accountability. Obama pledged increased assistance to Pakistani security forces, specifically equipment for the military.


Associated Press writers Asif Shahzad, Sebastian Abbot, Nahal Toosi and Munir Ahmad in Islamabad and K.M. Chaudhry in Lahore contributed to this report.

$1.15M settlement in suit over 1995 NYPD shooting

March 23, 2009

By COLLEEN LONG, Associated Press Writer

NEW YORK – The families of two robbery suspects who died in a barrage of police bullets more than a decade ago settled a lawsuit with the city Friday for $1.15 million.

The families’ attorneys had just rested their case during the trial when the deal was announced. Relatives had sought $20 million, but their attorney said they were content, accepting the settlement as affirmation that excessive force was used.

“We believe justice has been done,” lawyer Seth Harris said. “The city waved the white flag, and this clearly shows the officers used excessive force, and these boys didn’t have to die.”

Hilton Vega was shot eight times and his cousin Anthony Rosario 14 times when they arrived at an apartment on Jan. 12, 1995. The officers, James Crowe and Patrick Brosnan, had been there interviewing residents on a tip that a robbery would take place.

The victims were face-down on the ground when they were killed. Some of the 28 shots fired hit the floorboards.

The city Law Department continued to defend the now-retired officers. A New York Police Department investigation found the officers acted within department guidelines, and a grand jury in the Bronx brought no criminal charges. Federal prosecutors said there wasn’t enough evidence for them to pursue charges.

“We believe that our police officers acted appropriately when confronted with three armed gunmen after being called by a man in fear of his life,” said Fay Leoussis, chief of the Law Department’s Tort Division. “However, we have agreed to resolve these cases in light of the uncertainties of litigation.”

Versions of what happened the night of the shooting varied greatly during the civil trial, including who was shot first, how the men came to be face-down, and what the detectives were doing at the apartment.

Crowe and Brosnan were there for at least an hour before Rosario and Vega arrived. The victims said they had come to the building to collect a debt they believed was owed to one of their girlfriends in a scam run by the man who lived at the apartment.

The officers told them to get on the ground and opened fire when Rosario and Vega did not comply quickly enough. Vega, 21, and the 18-year-old Rosario died, and another man with them was injured. The men were armed, but they fired no shots.

The officers retired from the force on a disability pension related to the incident in 1996.

The shooting happened during an era of community outrage against then-Mayor Rudy Giuliani‘s administration over allegations of excessive force by police officers who, like those in the Bronx case, received little or no punishment. Critics said the NYPD had overlooked incriminating details because Brosnan served as a volunteer bodyguard for the mayor’s 1993 campaign.


Dallas, NC Police Shoot, Kill Man Who tried to Grab Officer’s Gun

January 27, 2009

January 24, 2009 – 4:12 PM
Corey Friedman
DALLAS — Chris Brown heard the gunshots. Then, he saw his uncle lying facedown in the grass.

“By the time we got outside, he was on his belly,” Brown said. “There was a cop sitting on his back-Dallas Police. He was not moving. I automatically knew he was gone.”

Police shot and killed 44-year-old Terrance Kennedy around 12:30 a.m. Saturday in the front yard outside 518 E. Peachtree St. Kennedy allegedly tried to grab an officer’s gun, but relatives and neighbors say he had run from the police and was shot in the back.

“My understanding is he was attempting to take one of the officers’ sidearms,” said Police Chief Gary Buckner.

Officer R.R. Flick and Sgt. J.C. Propst were involved in the shooting. The chief said Kennedy reached for Flick’s gun, but he wouldn’t say which officer fired at Kennedy or whether both shot at him.

The N.C. State Bureau of Investigation is probing the incident and will determine if the shooting was justified. Buckner said the Dallas Police Department is conducting a parallel internal investigation.

“We’re definitely going to get to the bottom of it and find out what happened and exactly what took place,” Buckner said.

Kennedy’s sister, Sondra Brown-Thompson, said he was sitting on the porch of her home, 520 E. Peachtree St., when police arrived. Officers were trying to serve an arrest warrant on Kennedy.

Relatives said Kennedy ran from the officers and was shocked with a Taser stun gun and blasted with pepper spray. They say he didn’t reach for a gun and believe the shooting was unnecessary.

“They could have tased him once, maybe tased him twice and put handcuffs on him,” Brown-Thompson said. “They didn’t have to shoot him.”

Buckner said he couldn’t discuss whether the Taser and pepper spray were used due to the SBI and internal investigations.

Dallas Police said in a news release that Kennedy was shot once and died at Gaston Memorial Hospital.

Flick and Propst were placed on administrative leave, a customary procedure when police officers are involved in a shooting. Flick has worked for the department since February 2006 and Propst was hired in June 2006.

Kennedy, who was also known as Tiny Brown, grew up in a large family with four brothers and four sisters. One sister, Kenyada Kennedy, runs a neighborhood grocery store at 211 S. Davis St.

“Terrance was a good boy,” she said. “He loved his nieces and nephews. He helped the neighborhood. He was a great guy, he was a brother to us, he was a loved one.”

John Paul Kennedy said his brother, Terrance, worked for him at his remodeling business and had also worked for a roofing company.

Terrance Kennedy has an extensive criminal record and was sentenced to a combined 32 years in prison. Most recently, he was released in July 2007 after serving almost 12 years on convictions for possession and sale of a Schedule II controlled substance.

A deputy in the Gaston County Sheriff’s Office warrant repository said Kennedy had a Dec. 21 arrest warrant for a charge of assault on a female.

With a tear-streaked face, Brown-Thompson walked back and forth in her gravel driveway Saturday afternoon, shouting that Kennedy didn’t deserve to die.

You can reach Corey Friedman at 704-869-1828.

Terrance Kennedy, who was shot and killed early Saturday morning after allegedly reaching for a police officer’s gun, has an extensive criminal history and has served five prison sentences, according to the N.C. Department of Correction. His convictions and prison terms are listed below.

Sentence began: Aug. 31, 1995
Released: July 13, 2007
Convictions: Possession with intent to sell Schedule II controlled substance (three counts), sell Schedule II controlled substance (three counts)

Sentence began: Jan. 6, 1987
Released: Aug. 13, 1993
Convictions: Assault with a deadly weapon inflicting serious injury (two counts), common-law robbery

Sentence began: Jan. 19, 1984
Released: Nov. 4, 1985
Convictions: Felony breaking and entering, common-law robbery, assault on a female

Sentence began: Feb. 2, 1982
Released: Dec. 13, 1982
Convictions: Breaking /entering and larceny, larceny – more more than $200

Sentence began: Dec. 9, 1980
Released: Feb. 22, 1982
Convictions: Misdemeanor breaking and entering (two counts), larceny – more more than $200 (two counts)

Binghamton, NY Officers Attacked by Crowd

December 9, 2008
updated 11:47 p.m. ET, Mon., Dec. 8, 2008

Two Binghamton police officers are out of the hospital tonight, after being treated for concussions they got early Saturday morning, while trying make an arrest outside the American Legion Post at 76 Main St. According to police Captain John Chapman, 200 people attending a private party left the Legion just before 3 a.m. In the parking lot, several fights broke out. From across the street, the two officers, whose names are not being released, saw a man hit a woman. When they went to arrest him, he fought back, and others in the crowd attacked the cops, knocking one of them unconscious. The man, who hit the woman, and those who assaulted the officers, got away

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