Wednesday, January 1, 2014

01012014 - Warren Police Officer Arthur Gill - Retaliation For Reporting Officer Anwar Khan For Child Abuse























FYI: Under MCL 722.623 law enforcement officers are LEGALLY MANDATED to report an act of child abuse/suspected child abuse.  PERIOD!
























Judge: No separate trials for accused Warren ex-cop
Macomb Daily
Nov 13, 2014
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html

A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.

Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.

'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'

Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.

The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.

Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.

Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.

Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.

Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.

Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.

Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.

A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.

The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.

'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.

Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.












Former Warren cop jailed for allegedly threatening psychologist
Macomb Daily 
Jun 14, 2019

A former Warren police commander is being held in jail in lieu of a $1 million bond accused of threatening a potential witness in his criminal case, according to a media report.

Arthur Gill, 54, was jailed Wednesday by a St. Clair Shores judge in connection with his criminal case in which he is accused of assaulting a man while working as a Warren cop and retaliating against a fellow officer who witnessed the incident by making false report with state Child Protective Services.

Gill’s criminal case dates to 2014, and the case at one point was transferred to 40th District Court in St. Clair Shores.

Last weekend, Gill showed up at a psychologist's office in Birmingham and threatened the doctor, who is set to testify in his case, according to the report aired by WJBK-TV (Fox 2). Macomb County Prosecutor Eric Smith, who has yet to respond to inquiries from The Macomb Daily about the case, said in the report also found on the TV news station's website that Gill told the psychologist, "Your reputation is going to be ruined" and "nothing good is going to come out of this.”

Gill appeared in district court for intimidating witnesses and violating his bond, which was reset at $1 million.

The case dates back to January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads. Gill is accused of punching Carlton Torres in the chest “without warning, provocation or justification,” according to a federal lawsuit by Torres.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. The county Prosecutor's Office refused to issue any charges against Torres.

Torres says Gill lied on a police report by saying that Torres “swatted my right hand from him” before striking Torres in the chest, according to the lawsuit. Torres' version was backed by Warren police officer Anwar Khan, who was at the scene. Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against him to Child Protective Services.

Torres' lawsuit was voluntarily dismissed in 2015, according to court records.

Gill is charged with assault and battery, filing a false police report and filing a false report of child abuse, all misdemeanors. His trial was scheduled to start Monday but will be delayed, the report says.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when then-police commissioner Jere Green fired him in April 2014.

Gill has told The Macomb Daily the charges are “retribution” for complaints he has made in the Warren Police Department over the years.












Felony assault charge dropped against suspended Warren police officer
Macomb Daily
Aug 12, 2020

A felony charge was dismissed from the criminal case against a suspended Warren police officer who still faces four misdemeanors for a recent incident at his Washington Township home.

Judge Denis LeDuc of 42 Court in Romeo on Wednesday dismissed a charge of assault with a dangerous weapon against Anwar Khan, 48, who was accused of pointing a gun at his ex-wife’s boyfriend, Stephen Wright. The incident occurred during an altercation July 4 outside of Khan’s Washington Township home.

The dismissal came following a preliminary examination for the lone felony charge against Khan. 

“The judge said he found the complaining witness’s testimony not credible,” said Khan’s attorney, John Dakmak. “There was conflicting statements about how the gun was use and the type of gun used.”

Wright gave two statements to police prior to his testimony.

The hearing was held remotely by video.

The assistant Macomb County prosecutor handling the case could not be immediately reached for comment Wednesday.

Wright claimed Khan punched and pointed a gun at him that morning after he went outside to find his teenage daughter in a wooded area with Wright and another man.

Khan denies he had a gun when he went to confront Wright and the second man, who ran away, Dakmak said.

LeDuc agreed to add a misdemeanor assault-and-battery charge against Khan for the alleged punch. Khan still faces two domestic assault charges for allegedly assaulting his wife and daughter around the same time. He also faces a misdemeanor for refusing to provide a DNA sample.

A pretrial in the case is set for Sept. 15.

Khan’s divorce from his wife, Melissa, was finalized in January, and he has custody of their three children, Dakmak said. Khan’s wife typically lives separately but was staying there for the weekend to visit her children, he said.

Khan, a 20-year police veteran, is on unpaid administrative leave from the Warren Police Department, Dakmak added.


01012014 - 2014 VAWA/Violence Against Women Act AND Political Agendas - News Articles

 




VAWA Posts:










































Cyberstalking victim aims to help others
Mountain Democrat (Placerville, CA)
January 24, 2014 
https://infoweb.newsbank.com/
With January being National Stalking Awareness Month, one El Dorado Hills woman is reaching out to the community to raise awareness on cyberstalking and cyberbullying, and to provide support to victims.

Alexis Moore gave up everything when her ex-husband starting cyberstalking her. Her home, her dog, even her car. She began writing journals, marking every time she was assaulted. Her first journal was dated Nov. 5, 2004.

When she went to law enforcement for help, she was “overly referred,” she said — Department A said to go to Department B, Department B to C, and C back to A. A hotline was “closed due to lack of funding,” though she thought the claim was dubious. “There were no direct support agencies,” she said. There were shelters, but no support units.

The most help she got from law enforcement was a large video camera and an audio recorder from the District Attorney’s Office — not ideal for her situation.

“I reported a minimum of 100 stalking and cyberstalking incidents to the (El Dorado County Sheriff’s Office) and was left behind humiliated, terrified and living in fear right here in El Dorado County,” Moore said.

In 2006, she was told to stop reporting incidents. “Now, I’m really alone,” she recalled feeling.

Her last physical journal was April 14, 2007. She began keeping her journals as Excel spreadsheets and founded Survivors in Action in El Dorado Hills. It began as a virtual agency, with Moore putting up her Excel template for others to keep track of how they were being cyberstalked and cyberbullied — something that would help in court, Moore said. When, what, witnesses, the outcome and phone numbers all had a space to be filled.

With that and other tools on the Website, it’s unlikely that a victim “can’t get to the finish line,” Moore said.

Times have changed with how EDSO works with victims, too. “The Sheriff’s Office today is doing great things compared to when I was a victim. Detective Nolan Tracy, who is lead of the stalking and domestic violence unit,” she said. When Moore was a victim, she had a dozen different officers and deputies who would give her a business card and leave the case at that.

“In fact I have personally worked with (Tracy) and I am very impressed to say the least. When I reported stalking and cyberstalking incidents from Nov. 2004 forward, I was humiliated and even laughed at and told not to report any more incidents,” she said, having to figure out her own “mechanisms for survival.” This was “something that I vowed would not happen to another victim and why when Sheriff D’Agostini took the helm as sheriff I made it my mission to ensure victims of abuse, stalking and cyberstalking had the best response they could from our local department.” A call to the non-emergency hotline went from only getting voicemail to having a specific deputy assigned to a case.

“The sheriff has kept his pledge to help victims and I can attest personally and professionally that the EDSO has responded far better than ever before and that is something that I am absolutely so grateful for because they are the first responder and a victim’s first line of hope and defense,” Moore said. “For high-risk stalking victims this could be a matter of life or death as I know it was for me.”

Tracy noted he and EDSO Crime Analyst Christina Novello give elementary and middle schools presentations on cyberbullying in order to curb the behavior — what cyberbullying is, what works, what does not work and what to do if someone is being cyberbullied. For the cases themselves, “We do work hard on them,” Tracy said.

Now with a book published, “A Parent’s Guide to Cyberstalking,” and her story having aired on “Stalked: Someone’s Watching” in December 2011, Moore has the resources to help other victims, including a second book tentatively set for 2015 and a gala to fundraise for Survivors in Action later this year.















Lori Jackson Domestic Violence Survivor Protection Act - S.2483 
S.2483 — 113th Congress (2013-2014)
July 17, 2014 - Introduced in Senate
Summary
Lori Jackson Domestic Violence Survivor Protection Act - Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon, by a dating partner or former dating partner against the victim.

Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person subject to a court order, or an ex parte order, that restrains such person from: (1) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (2) intimidating or dissuading a witness from testifying in court.




SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM EXPANDED.
Section 922(g)(8) of title 18, United States Code, is amended—
(1) in the matter preceding subparagraph (A), by striking “that”;
(2) by striking subparagraphs (A) and (B) and inserting the following:
(A) (ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided—
“(B) that restrains such person from—
“(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or
“(ii) intimidating or dissuading a witness from testifying in court; and”; and
(3) in subparagraph (C)—
(A) by striking “intimate partner or child” each place it appears and inserting “individual described in subparagraph (B)”;
(B) in clause (i), by inserting “that” before “includes”; and
(C) in clause (ii), by inserting “that” before “by its”.


















Where are these same legislators and VAWA with speaking out about Officer-Involved Domestic Violence? Why don't they demand 'Zero-Tolerance' in law enforcement?
Female Senators Write Letter to Goodell, Want NFL to Adopt ‘Zero-Tolerance’ Policy
Roll Call
September 11, 2014


A group of 16 female senators, including Maryland Democrat Barbara A. Mikulski, have written a scathing letter to Roger Goodell about the National Football League’s handling of violence against women.  

The letter comes after reporting by The Associated Press that the NFL was sent graphic elevator video of now-former Baltimore Ravens running back Ray Rice knocking out his then-fiancée Janay Rice.  

“It is long past time for the NFL to institute a real zero-tolerance policy and send a strong message that the league will not tolerate violence against women by its players, who are role models for children across America,” the 16 senators wrote. “We hope the NFL will seize this opportunity to lead by example and demonstrate its commitment to the safety of women and families.”  

In their letter, the senators say Goodell’s recent revisions to the policy regarding suspensions for domestic violence do not go far enough. Goodell is the son of a Republican senator from New York, Charles Goodell, who was appointed to the Senate to fill out the unexpired term of Robert F. Kennedy.  

The letter comes as lawmakers are recognizing the 20th anniversary of the landmark Violence Against Women Act.  

Other Democrats to sign the letter include: Barbara Boxer of California; Debbie Stabenow of Michigan; Amy Klobuchar of Minnesota; Patty Murray of Washington; Jeanne Shaheen of New Hampshire; Kirsten Gillibrand of New York; Heidi Heitkamp of North Dakota; Dianne Feinstein of California; Mazie Hirono of Hawaii; Elizabeth Warren of Massachusetts; Tammy Baldwin of Washington; Kay Hagan of North Carolina and Maria Cantwell of Washington.  

Republicans Kelly Ayotte of New Hampshire and Susan Collins of Maine also signed the letter.  

The full letter from the 16 female senators appears below:
Dear Commissioner Goodell:
As we mark the 20th anniversary of the Violence Against Women Act, we call on the NFL to institute a real zero-tolerance policy for domestic violence that will ensure that this type of violence and abuse has no place in the NFL.

We were shocked and disgusted by the images we saw this week of one of your players violently assaulting his now-wife and knocking her unconscious, and at new reports that the NFL may have received this video months ago. Tragically, this is not the only case of an NFL player allegedly assaulting a woman even within the last year.

We are deeply concerned that the NFL’s new policy, announced last month, would allow a player to commit a violent act against a woman and return after a short suspension. If you violently assault a woman, you shouldn’t get a second chance to play football in the NFL.

The NFL’s current policy sends a terrible message to players, fans and all Americans that even after committing a horrific act of violence, you can quickly be back on the field.

It is long past time for the NFL to institute a real zero-tolerance policy and send a strong message that the league will not tolerate violence against women by its players, who are role models for children across America. We hope the NFL will seize this opportunity to lead by example and demonstrate its commitment to the safety of women and families.