Thursday, May 3, 2007

05032007 - Officer Romon Johnson - Suspension - Detroit PD



DETROIT POLICE OFFICER ROMON JOHNSON

Original charge: Felonious assault and felony firearm [April 27, 2007]

On May 03, 2007, Officer Romon Johnson was suspended from the Detroit PD for the April 27th domestic violence incident.



SEE ALSO:
Officer Romon Johnson: Felony warrant for bigamy, allegations that Officer Johnson threatened wife; and allegations that Officer Johnson shot at wife:
http://michiganoidv.blogspot.com/2005/01/officer-romon-johnson-detroit-police.html










Tuesday, May 1, 2007

05012007 - Detective Guy Picketts Jr - Calhoun County SD



Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.



"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.

Friday, April 27, 2007

04272007 - Officer Romon Johnson - Detroit PD




DETROIT POLICE OFFICER ROMON JOHNSON

Original charge: Felonious assault and felony firearm [April 27, 2007]

Sentence: ????


SEE ALSO:
Officer Romon Johnson: Felony warrant for bigamy, allegations that Officer Johnson threatened wife; and allegations that Officer Johnson shot at wife:
http://michiganoidv.blogspot.com/2005/01/officer-romon-johnson-detroit-police.html










04272007 - State Staffer Charles Baltimore - Congressman Rogers

April 24, 2007: Charles Balitmore, Senior Staff Member to Congressman Mike Rogers




ROGERS’ STAFFER USED STANDARD GOP DEFENSE

BLOG: Mr. Rogers' Neighborhood
June 2007
http://rogerswatch.blogspot.com/2007/06/rogers-staffer-used-standard-gop.html

If you needed any more examples that people with influence, power and money – other than Paris Hilton - can get away with just about anything, the case of Mike Rogers senior staff member Charles "Tony" Baltimore is just one more.

You may recall that Baltimore was arrested for domestic assault in April by Lansing Police at a downtown Lansing club after what police described as an "altercation with a female companion.”

According to the Lansing State Journal, District Court Judge Charles Filice dismissed the charges today. However, there appears to be more to the case, and it appears there was some merit to the charges.

The LSJ reported, ..."As a condition of the dismissal, Baltimore has to attend Alcoholics Anonymous meetings as well as a batterers' intervention service. Chief Assistant Prosecutor Linda Maloney said they will monitor his attendance. In the event of noncompliance, we could consider reissuing the charges,” she said...

Back in April spokesperson Sylvia Warner, Rogers’ press secretary, said action would be taken when Rogers knew more about the situation.

"The congressman obviously takes this very seriously," Warner said back in April. "The congressman wants to know, himself, exactly what the situation is."

Warner said Rogers would take "appropriate action" as soon as he had all the information about the incident.

He now, apparently, has all the information. What action is he planning to take? Why is Rogers still silent? Apparently, some sort of altercation occurred, or why the batterers’ intervention service? Just because there is no civil action does not mean Rogers cannot or should not take action.

However, it appears Baltimore will take the standard defense we have seen other prominent Republicans take when caught in a misdeed: rehab.

It appears that promise of action by Rogers evaporated after the charges were dismissed.

“Tony continues to be an important member of the congressman’s staff,” said Sylvia Warner, Rogers’ press secretary. “The merits of the issue were reviewed by a judge and dismissed. We are pleased the matter has been resolved.”















Court Docket: Lawmaker's aide sees charges tossed

Livingston Daily, MI
Jun 12, 2007
http://www.dailypressandargus.com/apps/pbcs.dll/article?AID=/20070612/NEWS01/706120307/1002

A spokeswoman for U.S. Rep. Mike Rogers, R-Brighton, expressed support for a senior staff member after authorities dismissed a domestic assault charge against the employee.

In Ingham County's 54A District Court, Judge Charles Filice dismissed the misdemeanor case against Charles "Tony" Baltimore, who was arrested in April after police said he was involved in an "altercation with a female companion" at a downtown Lansing club.

"Tony continues to be an important member of the congressman's staff," said Sylvia Warner, Rogers' press secretary. "The merits of the issue were reviewed by a judge and dismissed. We are pleased the matter has been resolved."

Baltimore's attorney, Hugh Clarke Jr., said prosecutors asked Filice to adjourn a trial scheduled for this morning and then dismiss the charge in 30 days. Filice instead dismissed the charge.

As a condition of the dismissal, Baltimore has to attend Alcoholics Anonymous meetings as well as a batterers' intervention service. Chief Assistant Prosecutor Linda Maloney said they will monitor his attendance.

"In the event of noncompliance, we could consider reissuing the charges," she said.

















Charges against Tony Baltimore dismissed
Midday update
Lansing State Journal
Kevin Grasha
Published June 11, 2007
http://www.lsj.com/apps/pbcs.dll/article?AID=/20070611/NEWS01/706110359/1001/NEWS

A spokeswoman for U.S. Rep. Mike Rogers expressed support for a senior staff member after authorities dismissed a domestic assault charge against the employee.

In 54A District Court today, Judge Charles Filice dismissed the misdemeanor case against Charles "Tony" Baltimore, who was arrested in April after police said he was involved in an "altercation with a female companion" at a downtown Lansing club."

Tony continues to be an important member of the congressman’s staff," said Sylvia Warner, Rogers’ press secretary. "The merits of the issue were reviewed by a judge and dismissed. We are pleased the matter has been resolved."

Baltimore's attorney, Hugh Clarke Jr., said prosecutors asked Filice to adjourn a trial scheduled for this morning and then dismiss the charge in 30 days. Filice instead dismissed the charge today.

As a condition of the dismissal, Baltimore has to attend Alcoholics Anonymous meetings as well as a batterers’ intervention service. Chief Assistant Prosecutor Linda Maloney said they will monitor his attendance.

"In the event of noncompliance, we could consider reissuing the charges," she said.
















Rogers staffer arraigned on domestic violence charges
Midday update From LSJ.com
Lansing State Journal
By Derek Wallbank
Published April 24, 2007
http://www.lsj.com/apps/pbcs.dll/article?AID=/20070424/NEWS01/70424002/1001/news

Charles "Tony" Baltimore, a senior staff member in Congressman Mike Rogers' Lansing office, was arrested on domestic violence charges, Lansing Police and court administrators said today.

Baltimore was arrested late Saturday night at a downtown Lansing club after what police described as an "altercation with a female companion".

"The congressman obviously takes this very seriously," Rogers' spokeswoman Sylvia Warner said. "The congressman wants to know, himself, exactly what the situation is."

Mary Kelly, Deputy Court Administrator for the 54A District Court, said Baltimore will appear before Judge Charles Filice on May 7 for a preliminary hearing.

Warner said Rogers would take "appropriate action" as soon as he had all the information about the incident.








[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Wednesday, March 28, 2007

03282007 - Officer Lathuya Weaver - Detroit PD




March 28, 2007: Officer Lathuya Weaver, Detroit Police Department

OFFENDER: LATHUYA WEAVER [FORMER DETROIT PD OFFICER]



SHOT AT HUSBAND:
http://michiganoidv.blogspot.com/2007/03/officer-lathuya-weaver-detroit-police.html

ORIGINAL CHARGES: FELONIOUS ASSAULT; DISCHARGE OF A WEAPON.











From: Cloudwriter / Behind The Blue Wall:







Detroit police officer Lathuya Weaver arrested.





During a domestic dispute with her husband, at their Romulus home, Officer Lathuya Weaver fired her gun. No one was injured.







Officer Weaver's husband.







Officer Lathuya Weaver was arrested and the assault, and arraigned the following day.







Officer Weaver was charged with one count of discharging a firearm in an occupied building; one count of felonious assault; and felony firearms. She was released on bond.









http://www.michigan.gov/documents/mcoles/3-Minutes_-_September_17_Mtg_252877_7.pdf






Complaints against police rise
Problems, criminal cases prompt questions about system designed to identify troubled officers

Ronald J. Hansen
The Detroit News
Thursday, May 17, 2007
http://www.detnews.com/apps/pbcs.dll/article?AID=/20070517/METRO/705170396

DETROIT -- In a recent one-week span, the Detroit Police Department saw one of its detectives plead guilty to defrauding crime victims, a sergeant charged with 16 sex-related felonies and a patrol officer charged with attempted murder in a road rage incident.

It was an especially bad week for a department that has been battered this year with at least seven criminal cases and a rising number of citizen complaints.

As of April 19 , the department had received 467 new citizen complaints compared to the 381 filed at the same time a year earlier.

But the problems, which run from the familiar complaints of excessive force up to murder, also raise questions about the effectiveness of the city's computerized early-warning system intended to identify troubled officers. The department belatedly brought a risk-management system online two years ago, according to James Tate, a spokesman for the police.

Even so, the federal court-appointed monitor considers it inadequate, and, four years after the city agreed to implement such a system, the monitor still gives the department mostly failing grades in that area.

Tate said the criminal troubles were largely unforeseeable.

"These are off-duty incidents that could have happened in anybody's lives," he said.

The department is taking too long to implement the risk management system and leadership could be a reason, said Samuel Walker, a criminal justice professor at the University of Nebraska at Omaha and a national expert on police accountability.

"It all depends on the commitment," Walker said. "I knew Detroit had some very serious problems. I'm troubled that it's taking this long.

"Based on the experience of other departments, I'm not surprised. It's going to take some leadership."

Last month, Sheryl Robinson Wood, the court-appointed federal monitor, noted the department was not complying with nine of the 17 mandates regarding a risk-management database. The areas where the department was in compliance mostly related to developing plans for the system.

Key areas, such as having an operational database, a trial system or even picking a contractor for it, remained unfinished, the monitor reported in April.

Meanwhile, troubling incidents -- the kind such systems are designed to reduce -- continue for the department despite its efforts.

The complaints often give rise to lawsuits, which drain city resources and helped spur federal oversight of the department in the first place.

Risk-management systems are common in large police departments and typically analyze a dozen or more indicators with an eye toward flagging potential problems. For police, it often means examining citizen complaints, lawsuits, arrest data and attendance for each officer.

The programs, however, require leaders to make them a priority, said Walker, who has researched early-warning systems in departments nationwide.

"These systems are now generally regarded as the best tool for ensuring accountability," Walker said. "In every department, you've got a few employees who are at the far end. You can identify them and apply the appropriate remedy."

In Detroit, the Roosevelt Tidwell case is among the most disturbing criminal allegations to surface.

In April, Sgt. Tidwell, 39, was charged with first-degree criminal sexual conduct after a pair of couples reported he threatened them with jail if they didn't perform sex acts while he watched.

Another couple filed a similar complaint in February, but Tidwell continued patrolling by himself until the latest complaint led to his prosecution.

Tate said the initial complaint sparked an investigation of Tidwell that was ongoing when the second case happened.

"Officers are going to receive citizen complaints. I don't care whether you're the best officer or the worst officer. That's going to happen. If there's a pattern, then you have an issue," Tate said.

There are usually warning signs of trouble for officers, Walker said.

A closer look at Lance Newman, for example, might have suggested he had money problems.
Newman filed for bankruptcy twice in the 1990s and owed the state back taxes, according to a lien filed against him last year.

About that time, Newman was investigating the stabbing death of an activist and began bilking the man's family out of $12,300. He is awaiting sentencing in federal court for wire fraud.

Tate, however, said the department's system doesn't examine records such as bankruptcy.






Detroit police officer charged for assaulting husband
Articles by Molly Tippen
Staff Writer
April 05, 2007
The Journal Newspapers Online
http://www.journalgroup.com/Romulus/3793/detroit-police-officer-charged-for-assaulting-husband

An off-duty police officer landed in hot water last week when she allegedly fired one round from her department-issued weapon at her husband.

Detroit Police Ofc. Lathuya Weaver was charged in a three-count indictment March 30 at the 34th District Court in Romulus.

She is charged with one count of discharging a firearm in an occupied building, a four-year felony, one count of felonious assault, a four-year felony, and felony firearms, a two-year felony.

Weaver, a 10-year veteran of the Detroit Police Department, was arraigned via video and quietly said “yes” when Judge David M. Parrott asked if she understood the nature of the charges against her.

Parrott ordered Weaver released on $15,000 personal bond after her husband agreed to allow her to return home and said there would be no firearms in the house. Romulus police detectives confiscated her service weapon after she was arrested.

Police received a call from the panic-stricken husband at about 1 a.m. on March 28, said Det. Joshua Monte of the Romulus Police Department. The husband reported that the pair had been arguing at their home on the 8300 block of Camden Street, and that she had fired shots at him.

“They were involved in a verbal altercation, and it unfortunately escalated to the point where she shot at him,” he said. “We first received a call from the husband, then we received a call from (Lathuya Weaver), who said she was assaulted.”

No one was struck by a bullet or hurt during the incident, Monte said. After an investigation, Weaver was arrested without incident.

There wasn’t enough evidence at the scene to indicate that Weaver’s husband assaulted her, and warrant requests seeking charges against the husband were denied by the Wayne County Prosecutor’s Office, Monte said.

Second Deputy Chief James Tate, a spokesman for the Detroit Police, said Weaver is suspended with pay pending the outcome of the case.

“We will do an independent investigation into the incident,” he said. “That is done every time an officer’s weapon is discharged.”

If convicted of any of the felony charges, Weaver will automatically lose her job, Tate said. If convicted of any lesser charges, she could be subject to inter-department discipline that could include anything from a suspension all the way to termination, he added.

If convicted of all of the charges, Weaver could face up to 10 years behind bars.

Weaver will return to the 34th District Court for a pre-trial examination at 9 a.m. on April 11.














DETROIT BOARD OF POLICE COMMISSIONERS
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, April 5, 2007
The regular meeting of the Detroit Board of Police Commissioners was held onThursday, April 5, 2007, at 3:00 p.m., at the Police Headquarters, 1300 Beaubien, Rm.328-A, Detroit, Michigan 48226.

EXCERPT FROM PAGES 3 and 4:
BOPC OFFICER’S REPORT SUSPENSION SUSPENSION WITHOUT PAY OF POLICE OFFICER LATHUYA WEAVER, BADGE 5055, ASSIGNED TO THE WESTERN DISTRICT INVESTIGATIVE OPERATIONSOn March 28, 2007, Force Investigation was notified of an allegation of misconduct concerning Police Officer Lathuya Weaver, badge 5055, assigned to the Western District Investigative Operations.

The allegation concerned the following conduct:
On March 28, 2007, Officer Weaver, and her husband, Darin Weaver, were engaged in a verbal altercation at their residence at 8400 Camden, Romulus, MI., regarding Mr. Weaver’s bathroom hygiene habit of leaving excessive water around the sink. The verbal argument escalated to removing each others clothes from the closet and throwing the clothes on the floor. At this time, they began wrestling over a telephone.

Mr. Weaver took the telephone and sat down at the foot of the bed to read mail and sales advertisements. While Mr. Weaver was reading, Officer Weaver took her department issued weapon from a backpack that was lying on the floor next to the bed and fired one (1) shot over Mr. Weaver’s left shoulder. The bullet went through the west wall of the bedroom and exited the west side of the house.

At approximately 1:00 A.M., on this same date, police officers from the Romulus Police Department responded to the residence regarding a domestic dispute.

At that time, Officer Weaver was arrested for Felonious Assault/Domestic Violence.

On March 29, 2007, the Wayne County Prosecutor’s Office issued a three (3) count felony warrant charging Officer Weaver with Felonious Assault (MCL 750.82); Discharge of a Firearm in a Building (MCL 750.234); and Felony Firearm (MCL 750.227b).

In addition, Officer Weaver was arraigned at 34th District Court. A not guilty plea was entered on her behalf and Officer Weaver was released on a $10,000.00 personal bond, with the conditions that she does not engage in any further domestic disputes and that she does not carry a firearm.

A preliminary examination is scheduled for April 11, 2007.

Based on the above circumstances, it is recommended that Officer Weaver be charged with, but not limited to, the following violation of the Detroit Police Department Rules and Regulations:CHARGE:CONDUCT UNBECOMING AN OFFICER, CONTRARY TO THE LAW ENFORCEMENT CODE OF ETHICS; THIS BEING IN VIOLATION OF THE 2003 DETROIT POLICE DEPARTMENT MANUAL SERIES 100, DIRECTIVE 102.3 – 7.9, CONDUCT UNPROFESSIONAL, COMMAND

1.Due to the seriousness of the conduct, I am requesting your concurrence with the suspension of Officer Weaver without pay, effective April 5, 2007. Unless contravened by this Board the suspension without pay will stand. There were no contraventions.









Officer suspended after off-duty weapon discharge
Molly Tippen
The Journal Newspapers Online
UPDATE March 30, 2007
http://www.journalgroup.com/Romulus/3773/officer-suspended-after-off-duty-weapon-discharge

An off-duty police officer landed in hot water last week when she allegedly fired one round from her department-issued weapon at her husband.

Ofc. Lathuya Weaver, whom is employed by the Detroit Police Department, was charged in a three-count indictment March 30 at the 34th District Court in Romulus.

She is charged with one count of discharging a firearm in an occupied building, a 4-year felony, one count of felonious assault, a 4-year felony, and felony firearms, a 2-year felony.

Weaver, a 10-year veteran of the Detroit Police Department, was arraigned via video and quietly said “yes” when Judge David M. Parrott asked if she understood the nature of the charges against her.

Parrott ordered Weaver released on $15,000 personal bond after her husband said it was okay for her to return home, and said there would be no firearms in the house. Romulus police detectives confiscated her service weapon after she was arrested.

Police received a call from the panic-stricken husband at about 1 a.m. on March 28, said Det. Joshua Monte of the Romulus Police Department. The husband reported that the pair had been arguing at their home on the 8300 block of Camden Street, and that she had fired shots at him.

“They were involved in a verbal altercation, and it unfortunately escalated to the point where she shot at him,” he said. “We first received a call from the husband, then we received a call from (Lathuya Weaver), who said she was assaulted.”

No one was struck by a bullet or hurt during the incident, Monte said. After an investigation, Weaver was arrested without incident.

There wasn’t enough evidence at the scene to indicate that Weaver’s husband assaulted her, and warrant requests seeking charges against the husband were denied by the Wayne County Prosecutor’s Office, Monte said.

Second Deputy Chief James Tate, a spokesman for the Detroit Police, said Weaver is suspended with pay pending the outcome of the case.

“We will do an independent investigation into the incident,” he said. “That is done every time an officer’s weapon is discharged.”

If convicted of any of the felony charges, Weaver will automatically lose her job, Tate said. If convicted of any lesser charges, she could be subject to inter-department discipline that could include anything from a suspension all the way to termination, he added.

If convicted of all of the charges, Weaver could face up to 10 years behind bars.

Weaver will return to the 34th District Court for a pre-trial examination at 9 a.m. on April 11.











Officer suspended after off-duty weapon discharge
Journal Newspapers, MI
Mar 30, 2007
Molly Tippen
http://www.journalgroup.com/Romulus/3773/officer-suspended-after-off-duty-weapon-discharge

An off-duty police officer landed in hot water last week when she allegedly fired one round from her department-issued weapon at her husband.Ofc. Lathuya Weaver, whom is employed by the Detroit Police Department, was charged in a three-count indictment March 30 at the 34th District Court in Romulus.

She is charged with one count of discharging a firearm in an occupied building, a 4-year felony, one count of felonious assault, a 4-year felony, and felony firearms, a 2-year felony.

Weaver, a 10-year veteran of the Detroit Police Department, was arraigned via video and quietly said "yes" when Judge David M. Parrott asked if she understood the nature of the charges against her.

Parrott ordered Weaver released on $15,000 personal bond after her husband said it was okay for her to return home, and said there would be no firearms in the house. Romulus police detectives confiscated her service weapon after she was arrested.

Police received a call from the panic-stricken husband at about 1 a.m. on March 28, said Det. Joshua Monte of the Romulus Police Department. The husband reported that the pair had been arguing at their home on the 8300 block of Camden Street, and that she had fired shots at him.

They were involved in a verbal altercation, and it unfortunately escalated to the point where she shot at him, he said. We first received a call from the husband, then we received a call from (Lathuya Weaver), who said she was assaulted.

No one was struck by a bullet or hurt during the incident, Monte said. After an investigation, Weaver was arrested without incident.There wasn’t enough evidence at the scene to indicate that Weaver’s husband assaulted her, and warrant requests seeking charges against the husband were denied by the Wayne County Prosecutor’s Office, Monte said.

Second Deputy Chief James Tate, a spokesman for the Detroit Police, said Weaver is suspended with pay pending the outcome of the case.

"We will do an independent investigation into the incident," he said. That is done every time an officer’s weapon is discharged.

If convicted of any of the felony charges, Weaver will automatically lose her job, Tate said. If convicted of any lesser charges, she could be subject to inter-department discipline that could include anything from a suspension all the way to termination, he added.

If convicted of all of the charges, Weaver could face up to 10 years behind bars.

Weaver will return to the 34th District Court for a pre-trial examination at 9 a.m. on April 11.











Detroit cop who allegedly shot at husband to be charged
Detroit Free Press, MI
March 29, 2007
BY BEN SCHMITT
http://www.freep.com/apps/pbcs.dll/article?AID=/20070329/NEWS01/70329032/0/SPORTS02

Prosecutors charged a Detroit Police officer with a felony Thursday for allegedly shooting her department-issued weapon at her husband during a domestic dispute Wednesday.

Lathuya Weaver, 30, allegedly fired the gun at her 38-year-old husband inside their Romulus home at 1:10 a.m. He wasn't hit and police responded after someone called 911.

Weaver is charged with discharge of a weapon in a building and felonious assault, both four-year felonies.

She is expected to be arraigned this afternoon in Romulus.










Detroit Police Officer Charged with Felonious Assault
WXYZ, MI
Mar 29, 2007
http://www.wxyz.com/news/local/story.aspx?content_id=324ea839-a817-4d10-b7f8-fa8cc1403519

An off duty Detroit police officer is being charged with a felony for allegedly firing her department-issued weapon during a domestic dispute. Lathuya Weaver, 30, allegedly fired her gun at another person inside her Romulus home early Wednesday morning. That person was not hit. Weaver is being charged with felonious assault and discharge of a weapon, both are four year felonies.









Officer Arraigned on assault
FOX 2 Detroit
March 28, 2007
http://www.myfoxdetroit.com/myfox/pages/News/Detail?contentId=2793550&version=2&locale=EN-US&layoutCode=VSTY&pageId=3.1.1

A Detroit Police officer faced a judge Thursday for allegedly opening fire on her husband. 30-year-old Lathuya Weaver was arraigned on charges, including felonious assault. Police say she fired a shot at her husband from her service revolver. It happened early Wednesday morning during a domestic dispute at their Romulus home. The husband was not injured.




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