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Why are some LEO treated above the law?
Josey1
Member Posts: 9,598 ✭✭
BARBARY COAST INCIDENT: Fine, damages paid in freezer shooting
Some say FBI agent got special treatment in case
By J.M. KALIL
REVIEW-JOURNAL
An FBI agent who fired his duty pistol into a Barbary Coast walk-in freezer while intoxicated has paid a $105 fine and thousands of dollars in damages to the Strip hotel to end the criminal case against him, officials said Wednesday.
Supervisory Agent John Hanson III, who remains under internal investigation by the FBI, paid Barbary Coast $12,507 on Aug. 8 for damages he caused when he fired his .45-caliber handgun into the freezer in May, court documents show.
Longtime observers of the local criminal justice system say Hanson, who was cited, but not arrested or jailed in connection with the shooting, received extremely favorable treatment from police and prosecutors compared to others who have committed similar crimes.
"If one of my clients did that, he would be in chains and shackles so quick, and he would be charged with a felony immediately," said James "Bucky" Buchanan, a veteran defense attorney who carries one of the Clark County Courthouse's heaviest criminal caseloads.
Although Hanson was taken into custody by casino security guards after the May 15 shooting, Las Vegas police officers summoned to the 1:30 a.m. incident decided not to arrest him.
Hanson was issued a citation for a misdemeanor charge of discharging a firearm. His gun was released to another agent who, like Hanson, was in town for an accounting seminar, said Special Agent Todd Palmer, a spokesman for the Las Vegas field office of the FBI.
Metropolitan Police Department officials acknowledged this week that most citizens who undertook similar actions would be arrested and jailed rather than issued a court summons.
"Nine times out of 10, we'll make an arrest for that charge," said officer Jose Montoya, a spokesman for the Metropolitan Police Department. "He probably was not arrested because he's an FBI agent and wasn't considered a threat."
District Attorney David Roger said Hanson's prosecution on a misdemeanor was appropriate, adding that he was not treated differently because he is a federal law enforcement officer.
Roger said the FBI agent at most could have faced a gross misdemeanor.
"This was a guy with no prior record at all," Roger said. "He paid a fine, and he paid restitution."
Buchanan, a former prosecutor with the district attorney's office, disagreed.
He has represented numerous defendants accused of shooting into structures.
"They've been charged with attempted murder, endangering people and a bunch of other charges," Buchanan said.
According to police reports, surveillance cameras captured Hanson pulling out his .45-caliber Glock pistol and firing two rounds into a walk-in refrigerator where cooks retrieve food for restaurants.
No one was inside when Hanson's two rounds punctured the front door.
Security guards took Hanson into custody, recovered two shell casings ejected by his weapon and summoned police.
Arriving officers confiscated Hanson's handgun and notified supervisors that the incident involved an FBI agent, the report states.
Hanson was unhelpful when officers attempted to interview him, the report indicates.
"The suspect stated he did not remember firing his weapon at any time," officer Boyse Francis wrote in the report.
Palmer, the local FBI spokesman, confirmed that Hanson does not recall the incident.
"He was drinking," Palmer said.
A patrol officer issued Hanson a citation and released him.
The report states that Hanson's sidearm and a copy of the videotape were released to the other FBI agent.
According to court documents, Hanson pleaded guilty June 26 to a single misdemeanor count of discharging a firearm.
The case was resolved after Hanson agreed to pay the Strip hotel for damages.
Federal authorities declined to say whether Hanson is on leave from his job instructing future agents at the FBI Academy in Quantico, Va.
With the internal investigation ongoing, it remains unclear what discipline Hanson will receive.
"It could run the gamut," Palmer said, adding that Hanson faces forced time off without pay at minimum.
The maximum punishment would be firing, Palmer said.
http://www.reviewjournal.com/lvrj_home/2003/Aug-29-Fri-2003/news/22024893.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
Some say FBI agent got special treatment in case
By J.M. KALIL
REVIEW-JOURNAL
An FBI agent who fired his duty pistol into a Barbary Coast walk-in freezer while intoxicated has paid a $105 fine and thousands of dollars in damages to the Strip hotel to end the criminal case against him, officials said Wednesday.
Supervisory Agent John Hanson III, who remains under internal investigation by the FBI, paid Barbary Coast $12,507 on Aug. 8 for damages he caused when he fired his .45-caliber handgun into the freezer in May, court documents show.
Longtime observers of the local criminal justice system say Hanson, who was cited, but not arrested or jailed in connection with the shooting, received extremely favorable treatment from police and prosecutors compared to others who have committed similar crimes.
"If one of my clients did that, he would be in chains and shackles so quick, and he would be charged with a felony immediately," said James "Bucky" Buchanan, a veteran defense attorney who carries one of the Clark County Courthouse's heaviest criminal caseloads.
Although Hanson was taken into custody by casino security guards after the May 15 shooting, Las Vegas police officers summoned to the 1:30 a.m. incident decided not to arrest him.
Hanson was issued a citation for a misdemeanor charge of discharging a firearm. His gun was released to another agent who, like Hanson, was in town for an accounting seminar, said Special Agent Todd Palmer, a spokesman for the Las Vegas field office of the FBI.
Metropolitan Police Department officials acknowledged this week that most citizens who undertook similar actions would be arrested and jailed rather than issued a court summons.
"Nine times out of 10, we'll make an arrest for that charge," said officer Jose Montoya, a spokesman for the Metropolitan Police Department. "He probably was not arrested because he's an FBI agent and wasn't considered a threat."
District Attorney David Roger said Hanson's prosecution on a misdemeanor was appropriate, adding that he was not treated differently because he is a federal law enforcement officer.
Roger said the FBI agent at most could have faced a gross misdemeanor.
"This was a guy with no prior record at all," Roger said. "He paid a fine, and he paid restitution."
Buchanan, a former prosecutor with the district attorney's office, disagreed.
He has represented numerous defendants accused of shooting into structures.
"They've been charged with attempted murder, endangering people and a bunch of other charges," Buchanan said.
According to police reports, surveillance cameras captured Hanson pulling out his .45-caliber Glock pistol and firing two rounds into a walk-in refrigerator where cooks retrieve food for restaurants.
No one was inside when Hanson's two rounds punctured the front door.
Security guards took Hanson into custody, recovered two shell casings ejected by his weapon and summoned police.
Arriving officers confiscated Hanson's handgun and notified supervisors that the incident involved an FBI agent, the report states.
Hanson was unhelpful when officers attempted to interview him, the report indicates.
"The suspect stated he did not remember firing his weapon at any time," officer Boyse Francis wrote in the report.
Palmer, the local FBI spokesman, confirmed that Hanson does not recall the incident.
"He was drinking," Palmer said.
A patrol officer issued Hanson a citation and released him.
The report states that Hanson's sidearm and a copy of the videotape were released to the other FBI agent.
According to court documents, Hanson pleaded guilty June 26 to a single misdemeanor count of discharging a firearm.
The case was resolved after Hanson agreed to pay the Strip hotel for damages.
Federal authorities declined to say whether Hanson is on leave from his job instructing future agents at the FBI Academy in Quantico, Va.
With the internal investigation ongoing, it remains unclear what discipline Hanson will receive.
"It could run the gamut," Palmer said, adding that Hanson faces forced time off without pay at minimum.
The maximum punishment would be firing, Palmer said.
http://www.reviewjournal.com/lvrj_home/2003/Aug-29-Fri-2003/news/22024893.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
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HEREFORD--A former sheriffs deputy is in jail after being arrested by undercover federal agents.
Lubbock ATF agents arrested Steve Harrington in Hereford on Thursday. They say the former Deaf Smith County Deputy was trying to buy an unregistered machine gun from an undercover agent.
After the arrest, authorities searched Harrington's home and found several pipe bombs inside. The Amarillo bomb squad was called to remove the devices.
Harrington now faces several federal charges.
http://home.abc28.com/Global/story.asp?S=1423152
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
Some say FBI agent got special treatment in case
By J.M. KALIL
REVIEW-JOURNAL
An FBI agent who fired his duty pistol into a Barbary Coast walk-in freezer while intoxicated has paid a $105 fine and thousands of dollars in damages to the Strip hotel to end the criminal case against him, officials said Wednesday.
Supervisory Agent John Hanson III, who remains under internal investigation by the FBI, paid Barbary Coast $12,507 on Aug. 8 for damages he caused when he fired his .45-caliber handgun into the freezer in May, court documents show.
Longtime observers of the local criminal justice system say Hanson, who was cited, but not arrested or jailed in connection with the shooting, received extremely favorable treatment from police and prosecutors compared to others who have committed similar crimes.
"If one of my clients did that, he would be in chains and shackles so quick, and he would be charged with a felony immediately," said James "Bucky" Buchanan, a veteran defense attorney who carries one of the Clark County Courthouse's heaviest criminal caseloads.
Although Hanson was taken into custody by casino security guards after the May 15 shooting, Las Vegas police officers summoned to the 1:30 a.m. incident decided not to arrest him.
Hanson was issued a citation for a misdemeanor charge of discharging a firearm. His gun was released to another agent who, like Hanson, was in town for an accounting seminar, said Special Agent Todd Palmer, a spokesman for the Las Vegas field office of the FBI.
Metropolitan Police Department officials acknowledged this week that most citizens who undertook similar actions would be arrested and jailed rather than issued a court summons.
"Nine times out of 10, we'll make an arrest for that charge," said officer Jose Montoya, a spokesman for the Metropolitan Police Department. "He probably was not arrested because he's an FBI agent and wasn't considered a threat."
District Attorney David Roger said Hanson's prosecution on a misdemeanor was appropriate, adding that he was not treated differently because he is a federal law enforcement officer.
Roger said the FBI agent at most could have faced a gross misdemeanor.
"This was a guy with no prior record at all," Roger said. "He paid a fine, and he paid restitution."
Buchanan, a former prosecutor with the district attorney's office, disagreed.
He has represented numerous defendants accused of shooting into structures.
"They've been charged with attempted murder, endangering people and a bunch of other charges," Buchanan said.
According to police reports, surveillance cameras captured Hanson pulling out his .45-caliber Glock pistol and firing two rounds into a walk-in refrigerator where cooks retrieve food for restaurants.
No one was inside when Hanson's two rounds punctured the front door.
Security guards took Hanson into custody, recovered two shell casings ejected by his weapon and summoned police.
Arriving officers confiscated Hanson's handgun and notified supervisors that the incident involved an FBI agent, the report states.
Hanson was unhelpful when officers attempted to interview him, the report indicates.
"The suspect stated he did not remember firing his weapon at any time," officer Boyse Francis wrote in the report.
Palmer, the local FBI spokesman, confirmed that Hanson does not recall the incident.
"He was drinking," Palmer said.
A patrol officer issued Hanson a citation and released him.
The report states that Hanson's sidearm and a copy of the videotape were released to the other FBI agent.
According to court documents, Hanson pleaded guilty June 26 to a single misdemeanor count of discharging a firearm.
The case was resolved after Hanson agreed to pay the Strip hotel for damages.
Federal authorities declined to say whether Hanson is on leave from his job instructing future agents at the FBI Academy in Quantico, Va.
With the internal investigation ongoing, it remains unclear what discipline Hanson will receive.
"It could run the gamut," Palmer said, adding that Hanson faces forced time off without pay at minimum.
The maximum punishment would be firing, Palmer said.
http://www.reviewjournal.com/lvrj_home/2003/Aug-29-Fri-2003/news/22024893.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
Times staff writer
PEKIN -- Former Pekin Deputy Chief Charles W. Bassett tearfully apologized Thursday for his crime shortly before being sentenced to 30 months probation for official misconduct for stealing funds from the Pekin Police Department last year.
"I will always feel the guilt for what I did," said Bassett, 53, as he paused, voice faltering, in a statement to 10th Judicial Circuit Court Judge J. Peter Ault just prior to sentencing. "I dishonored myself and the badge that I wore. Nothing will ever change that. The embarrassment I brought on my wife and myself will always be on my mind."
Bassett's case was set for review Thursday, but instead he withdrew his not guilty plea without any promise of leniency and pleaded guilty to Class 3 felony official misconduct, said Tazewell County State's Attorney Stewart Umholtz.
There was no plea agreement.
Bassett, of 107 Salem Court, Pekin, was sentenced to 30 months probation, restitution of $1,876 plus any court costs and assessments, any counseling deemed fit by the probation department, payment of a probation fee of $25 per month and 100 hours of public service. He had already repaid $624 of the money he stole from the department.
One of the terms of Bassett's probation is that he may not go into any gambling establishments. He must also surrender any weapons in his possession and is not allowed to have a firearm owner's identification card.
Bassett also lost his police department pension, worth up to $1 million if he lives into his 70s. His wages at retirement were $67,000 a year. He told the court that he is now employed in another job.
Umholtz said that instead of probation, Bassett could have been sentenced to two to five years in prison, a $25,000 fine and one year supervision after his release.
After the allegations surfaced, Bassett retired from the department Dec. 2, 2002. Bassett took the conviction for stealing $624 from the Pekin Police Department's seized fund and $1,235 from the petty cash fund under his control.
The evidence
In late September 2002, Sgt. Dan Brotz received notification that $624 had been awarded to the department because of a forfeiture and that that Bassett had checked the money out of evidence on March 6. Brotz checked with the city finance department and was unable to find that the money had been deposited. He advised his supervisor, Lt. Tim Gleason, who informed Pekin Police Chief Tim Gillespie, Court documents said.
When asked about the funds, Bassett said he did not recall withdrawing the money from evidence despite seeing the receipt and said the money should be in the safe. Later in the day, after Gillespie left the office, Bassett phoned him saying he had found the $624 behind the safe, according to court documents.
Gillespie told Bassett to make a report on the incident and Bassett asked Gillespie if he could say in the report that the money was in the safe the entire time. Gillespie became suspicious and an audit was conducted. On Oct. 9, 2002, Gillespie placed Bassett on administrative leave pending further investigation. Bassett then told Deputy Chief Miller he had taken the money because of financial problems from a failed business venture and a gambling problem, court records show.
Bassett requested that Gillespie speak to Umholtz and see if the matter could be resolved by his retiring, documents said. Gillespie and Miller met with Umholtz and it was agreed that the Illinois State Police should conduct an investigation. Bassett gave two voluntary statements to investigators saying he had taken about $2,500 over the course of 18 months. He also admitted to Gillespie that he withdrew $624 from his personal bank account to replace the $624 originally discovered missing.
Ault's reasoning
Ault stated that anyone who appears in court, whether a public figure or a private citizen, deserves the same treatment. Bassett had never been charged or convicted of a crime, served as a police officer with several service citations and an unblemished record, and had served in the military prior to that. He said any private citizen with no record would not be given jail time on a first offense.
Ault said he said realized that some citizens would think he treated Bassett, who Ault has known for many years, with favoritism. He said others would say he was too hard on a man who had served so well for so long. But Ault said the loss of Bassett's pension and his shame were huge punishments.
For those who feel Bassett was judged too harshly, Ault said Bassett harms the police department's reputation.
"This ruling punishes fairly and what is more restores public confidence in the police department and criminal justice," he said. Gillespie, when called at home, said Thursday that anytime the slightest hint of corruption surfaces, it can call into question the integrity of the police department.
"I am very saddened that the employees and officers of the police department will be affected by this," he said. "They are hard working people of high integrity. The poor choices he made will have an effect on their image.
"But certainly this is a severe sentence in the terms of the cost to Mr. Bassett. Chuck worked 30 years in law enforcement. His poor choices will have an effect on him for the rest of his life. Anyone who thinks this was swept under the table or he was slapped on the wrist is mistaken. Losing his pension is something he will have to deal with the rest of his life. I don't think he got off easy."
Umholtz said he was satisfied with the outcome of the case. He said he hoped the sentence would help to rebuild public confidence in the police department and the justice system.
"I was confident before the sentencing hearing that Judge Ault would fashion a sentence that's appropriate based upon the law and based upon the facts in this case and my opinion is unchanged.
"I believe Judge Ault recognized that forfeiting one's pension is a significant penalty as recognized by the Illinois Supreme Court. The felony conviction itself is perhaps the greatest punishment for a person who had dedicated his entire career as a police officer. I'm not sure about administrative or civil positions, but he certainly is unable to hold a firearm so he cannot be a sworn officer."
Umholtz said he feels gambling is a refection on a person's character and gambling was a factor in Bassett's actions.
Umholtz had expressed concern that Bassett did not admit to and express remorse for his crime prior to pre-sentencing statements, but after hearing him in court, that changed.
"I had concerns over whether or not this person was acknowledging that he was the only one responsible for his crime, not me, not Chief Gillespie of anyone else," said Umholtz. "I think his statement and elocution indicates to me he is recognizing that I'm not to blame, his fellow police officers are not to blame and that he has to take full responsibility."
http://www.pekintimes.com/articles/2003/08/29/news/news2.txt
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
PORTLAND (AP) - The police officer who shot and killed Kendra James during a late-night traffic stop will be suspended without pay for 5 1/2 months because of the tactical decisions he made before the shooting.
Officer Scott McCollister has already been cleared of criminal culpability for firing the fatal shot on May 5.
McCollister received Kroeker's six-page disciplinary letter in a meeting Thursday morning with Assistant Chief Derrick Foxworth. Chief Mark Kroeker said in the letter that although McCollister's shooting was within Portland Police Bureau guidelines and state law, his actions leading up to the shooting were tactically unsound.
The police union president immediately pledged to appeal the punishment, defended McCollister's actions and assailed the chief's decision.
The chief identified McCollister's lack of tactical planning in deciding how to get James out of the car, his entering the car, the unholstering of his firearm inside the car and his failure to operate his pepper spray effectively as factors that led to his discipline.
"I don't think Officer McCollister meant harm to Kendra James, or I would have recommended termination," Kroeker said. "I think the tactical considerations that led up to this on his behalf were improper, and they constitute misconduct."
In late May, a Multnomah County grand jury found no criminal wrongdoing by McCollister. He told investigators he shot James, 21, because he feared for his life when James tried to drive away from a traffic stop on North Skidmore Street. McCollister said 80 percent of his body was in the car as he tried to get her out when she put the car into drive.
The police union characterized the lengthy suspension as the harshest discipline ever meted out by the bureau aside from a termination. The union said it would cause the officer "financial devastation."
Robert King, president of the Portland Police Association, called it "at the very least confusing, and at the very worst dangerous, to the police officers risking their lives every day on the streets of Portland."
"Rank-and-file police officers honestly do not understand what it was that Officer McCollister is alleged to have done incorrectly," King said.
Community leaders had mixed reactions.
The Rev. Roy Tate, president of the Albina Ministerial Alliance and a vocal critic of the shooting, called it a "pretty healthy suspension," but said, "We're not jumping up and down."
Tate said he hopes the chief explains to the community why he decided on the suspension. "I think he needs to let us know what was done wrong," he said.
Ken Walker, the Portland attorney representing Kenneth James, Kendra James' father, said he expects to file a wrongful-death lawsuit next month against the city and the police. He said James' father is not satisfied with the suspension.
"It'll never be acceptable to my client," Walker said. "This is just unforgivable that the officer even pulled the gun on her in the first place. Our opinion is he should be terminated."
http://www.theworldlink.com/articles/2003/08/29/news/news11.txt
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
8/29/2003 12:15 pm
An FBI agent has pleaded guilty to a misdemeanor charge and paid restitution after he fired his gun into an empty walk-in freezer at a Las Vegas Strip hotel-casino, authorities said.
Supervisory Agent John Hanson III told detectives he didn't remember firing his .45-caliber handgun into the freezer at the Barbary Coast, according to police reports.
Special Agent Todd Palmer, a spokesman for the FBI office in Las Vegas, said Hanson had been drinking. The FBI is conducting an internal investigation of the May 15 incident, Palmer said.
Hanson, who instructs agents at the FBI Academy in Quantico, Va., was in Las Vegas attending an accounting seminar.
He pleaded guilty June 26 to a misdemeanor count of discharging a firearm. On Aug. 8, he paid a $105 fine and $12,507 in restitution to the Barbary Coast to settle the case, according to court records.
Palmer on Friday declined to say whether Hanson has been placed on leave. He said disciplinary action against Hanson could range from forced leave without pay to firing.
http://www.rgj.com/news/stories/html/2003/08/29/50489.php?sp1=rgj&sp2=News&sp3=Local+News
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
TOOLS
Master mess sargent RRG
Oh my God! is the beginning of a prayer, not a one liner!
We come into this life with nothing, everything after this is our treasure
TOOLS
General TOOLS RRG
Don't go blaming the beer. Hank Hill
So much Ice, So much Beer. So little time. Shooter4
I don't have an anger problem. I have an idiot problem. Hank Hill
When I was a child, I thought as a child. But now that I am grown, I just wish I could act like a child and get away with it.
judges
attorneys
school officials
politicians
local celebs or athletes
people of color
religious leaders
those with odd sexual preference
The ones who bite the bullet are the poor guys and gals who are considered to have little if any influence in the community. They are the ones whose money goes to pay the salaries of those beside the LEO's that get special treatment.
"Save the Whalers, they need jobs too."
Rugster
"Toujours Pret"
TOOLS
General TOOLS RRG
Don't go blaming the beer. Hank Hill
So much Ice, So much Beer. So little time. Shooter4
I don't have an anger problem. I have an idiot problem. Hank Hill
When I was a child, I thought as a child. But now that I am grown, I just wish I could act like a child and get away with it.
Nowadays the local and State take over and the military does nothing but let the soldier get screwed.
"He that hath no sword, let him sell his garment and buy one."
- Jesus Christ in Luke 22:36
Mobuck
When guns were invented everything changed. For the first time in the history of the world a frail woman had a chance to sucessfully defend herself and home. My dream is that one of the anti-gun nuts will need a gun for defense and be unable to have one because of their own actions.