Monday, March 17, 2003
03172003 - Officer David Fazekas - Utica PD
Domestic violence charges dropped against officer
Police command reviewing case internally
The Source
Friday, January 16, 2004
http://www.sourcenewspapers.com/articles/2004/01/16/news/news7.txt
Domestic violence charges filed against a Utica police officer have been dismissed and are not likely to be reinstated.
The charges against David Fazekas were dropped recently after the complainant in the case did not show up in court.
The case had been dismissed without prejudice in November, meaning that charges could be reinstated and court proceedings could continue.
The charges were reauthorized and a new date set. That date was changed but when the new January court date came around, a key participant in the trial again did not show up in court. So ends the criminal end of the case.
Fazekas, however, is not out of the woods as he still faces a review of his employment by the department.
"The matter is now being handled through an internal review to determine if there were any violations of departmental policies and procedures," said Utica Police Chief Michael Reaves. "Any further action will be handled internally."
The chief could not comment further on the matter because of contractual obligations and personnel directives and protocols.
Contract language indicates that if Fazekas is determined to have violated policy and procedures, he could face punishment ranging from an oral reprimand to termination of his employment.
After an off-duty altercation with his wife March 17, Fazekas was arrested by the Macomb County Sheriff's Department earlier this year. A warrant was authorized May 8.
Fazekas faced one charge of domestic violence, a 93-day misdemeanor, and later, one count of malicious use of a communications device for a harassing phone call in June.
Police reports indicate that the couple had a verbal altercation that escalated with Fazekas allegedly pushing his wife "a couple of times."
State law requires that an individual convicted of domestic violence be denied privileges to carry or own a gun, making it difficult if not impossible for a convicted police officer to hold his or her job in law enforcement.
Generally, such cases end in the termination of employment for the officer involved.
Since the incident, Fazekas has been on unpaid leave pending the resolution of his case.
Fazekas joined the force in 1998 and, working the night shift, has been a key member of the department in road enforcement. He was named Utica's Police Officer of the Year in 2002 and has been recognized by Mothers Against Drunk Driving for his efforts in removing drunken drivers from area roadways. --Jon Ottman
Thursday, January 23, 2003
01232003 - Detroit PD Officer Daniel Linares - Suspended: Child Abuse
Related Posts:
BOARD OF POLICE COMMISSIONERS
(COMMITTEE OF THE WHOLE)
Minutes of the Regular Board of Police Commissioners Meeting
Thursday, January 23, 2003
The regular meeting of the Detroit Board of Police Commissioners was held on
Thursday, January 23, 2003, at 3:00 p.m., Police Headquarters, 1300 Beaubien
– Rm. 328, Detroit, MI 48226.
4. SECRETARY REPORT – EXEC. DIR. MCDONALD
Suspension
On January 23, 2003, Police Officer Daniel Linares, badge 3780, assigned to the Sixth Precinct, was suspended without pay by Assistant Chief of Police Walter E. Shoulders.
On November 27, 2002, the Internal Affairs Section received a Preliminary Complaint Record regarding off-duty Officer Linares, alleging “Child Abuse.”
According to the information, on November 26, 2002, officers of the Fifth Precinct responded to St. John’s Hospital regarding a child abuse report. The investigation revealed that both parents are police officers. The complainant is a three-month-old female infant, who lives with her mother and a female roommate. The roommate baby-sits the complainant.
On the above date, the complainant’s mother made arrangements with Officer Linares to watch the baby at her house between the hours of 12:00 p.m. and 2:00 p.m. The roommate stated she stopped by the house at 12:00 p.m. for lunch and left at 12:30 p.m. She stated that everything was fine with the complainant. When the roommate returned at 2:05 p.m., Officer Linares told her that the complainant was sleeping. Officer Linares left the location at approximately 2:20 p.m. At approximately 3:15 p.m., same date, the roommate checked on the complainant and observed redness and bruising on the left side of her face. She contacted the mother of the complainant. The mother returned home and conveyed her to St. John’s Hospital. At the hospital, the doctor examined the complainant and observed bruising and a bite mark consistent with child abuse. She was admitted to the hospital in stable condition and later released to the custody of her mother.
On January 15, 2003, Magistrate Thomas Shannon, of 36th District Court, issued felony warrant #36-03-55584, charging Officer Linares with “Child Abuse 2nd Degree.”
On January 16, 2003, Officer Linares was arraigned before Magistrate Thomas Shannon, and he stood mute to the charge and a not guilty plea was entered on his behalf. He was released on a $1,000.00 personal bond. His preliminary examination is scheduled for January 28, 2003.
Based on the above circumstances, it is recommended that Officer Linares 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 GENERAL ORDER 72-17(R), SECTION K.
SUBSECTION 65.
Unless contravened by this Commission, the above suspension without pay will
stand.
There were no contraventions to the above suspension.
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