| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
Crime victim advocate for Genesee County prosecutor accused in alleged cover-up of fatal hit and run
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
on September 03, 2014 at 6:33 PM, updated September 03, 2014 at 6:37 PM
FLINT, MI -- A crime victims advocate for the Genesee County Prosecutor's Office is facing felony charges after State Attorney General Bill Schuette claims she helped cover up a fatal hit and run.
Sherry Long is one of three people charged in connection to the 2013 death of 34-year-old Jeffrey Lee in Flint.
Schuette's office alleges that Lee was struck around 11:30 p.m. Sept. 28, 2013, by a black extended-cab Chevrolet Silverado that was registered to Long. Schuette claims Long's son, Scott Gunn, was driving the truck and left the scene of the crash without assisting Lee.
Police have said Lee was hit after he left the Fraternal Order of the Eagles in the 2100 block of North Dort Highway in Flint on foot.
Schuette alleges that Long and Gunn conspired to cover up the hit and run collision by repairing the truck in secret. Long also allegedly attempted to sway witnesses from speaking with authorities following the crash, according to Schuette.
Leyton's office requested a special prosecutor from Schuette's office in October 2013 after he became aware that one of his staff members was allegedly involved.
"I don't condone wrongdoing by anyone -- including employees of this office," Leyton said in a statement after the charges were announced. "When Flint Police informed me of the allegations, I immediately recused the office and referred the matter to the Attorney General. Other than the fact that the accused person is employed here, the matter does not involve the prosecutor's office."
Long has been suspended pending the outcome of the investigation, according to Leyton.
Attorney Frank J. Manley, who is representing Long and her son, said he expects his clients will be exonerated of any wrongdoing.
"We anticipate the evidence to be flimsy in nature," Manley said.
Manley added that Long has been a fierce advocate for victims' rights in her 20-plus year career.
Leon Gunn, 51, Scott Gunn's father, also allegedly made false statements to investigators while under oath.
An attorney for Leon Gunn was unknown.
Lee's family pleaded in March for information on the case and Crime Stoppers up to $2,500 for information.
Scott Gunn, 26, faces counts of failing to stop at the scene of an accident causing death, tampering with evidence and conspiracy. He faces up to 15 years in prison if convicted.
Long, 46, faces counts of tampering with evidence, conspiracy and interfering with a police investigation. She faces up to 10 years in prison if convicted.
Leon Gunn, 51, faces counts of tampering with evidence and perjury. He faces up to 15 years in prison if convicted.
Schuette says all three are expected to surrender to authorities for arraignment this week.
Last edited by untanglingwebs on Sat Sep 13, 2014 1:08 pm; edited 1 time in total |
|
|
Wed Sep 03, 2014 8:05 pm |
|
|
untanglingwebs
El Supremo
|
Did sheriff's deputies use excessive force to put inmate ...
Did sheriff's deputies use excessive force to put inmate in hospital?
www.wxyz.com/news/did-sheriffs-deputies-use-excessive-force-to-put...
News. Back All News Local ... (WXYZ) - Fernando Davis ... but it was the Genesee County Sheriff’s deputies that sent him to the emergency room.
..
News about WXYZ News On Genesee County Sheriff Beating
bing.com/news
Deputies' brutal takedown costs Genesee County $630,000
Deputies' brutal takedown costs Genesee County $630,000
WXYZ · 1 day ago
FLINT, MI (WXYZ) - A brutal takedown caught on tape ... Davis sued in federal court and now, Genesee County has agreed to settle the case. As part of the…
.
Genesee County pays $630,000 to settle excessive force jail lawsuit
MLive · 3 hours ago
Stay up-to-date on this news topic.
.
Video: Mich. deputies under fire for alleged excessive force
www.correctionsone.com/corrections/articles/7348785-Video-Mich...
By C1 Staff GENESEE COUNTY, ... video surfaced showing the alleged beating of an inmate. WXYZ ... the corrections community finds relevant news |
|
|
|
Wed Sep 03, 2014 8:08 pm |
|
|
untanglingwebs
El Supremo
|
Genesee County pays $630,000 to settle excessive force jail lawsuit
Genesee County jail deputies accused of excessive force
A jail surveillance video at the center of excessive force lawsuit filed against the Genesee County Sheriff’s Department shows multiple deputies struggling with a man who was arrested on suspicion of drunken driving.
Gary Ridley | gridley@mlive.com By Gary Ridley | gridley@mlive.com
Follow on Twitter
on September 03, 2014 at 2:30 PM, updated September 03, 2014 at 3:01 PM
FLINT, MI -- Genesee County has agreed to pay $630,000 to settle an excessive force lawsuit stemming from an incident between an inmate and multiple deputies at the county jail.
Jail inmate Fernando Davis filed the lawsuit claiming he was beaten and pepper sprayed after being lodged at the Genesee County Jail for suspicion of drunken driving. He was represented by attorney David Blake of the Pleasant Ridge-based Romano Law firm.
U.S. District Court records show the case was dismissed Aug. 27 after the settlement was reached.
Davis filed the lawsuit in March 2011 claiming he was severely injured when multiple deputies allegedly beat him and sprayed him with pepper spray inside the jail after being transported there March 24, 2009, by the Michigan State Police.
Genesee County Sheriff Robert Pickell said he was upset with the county's decision to settle the case.
"I'm thoroughly upset with that decision," said Pickell. "I think this one should have gone to trial."
Jamie Curtis, chairman of the Genesee County Board of Commissioners, could not be reached for comment on the settlement.
The deputies claim that Davis was resisting them and they had to respond accordingly to obtain compliance, according to arguments made by their attorneys in the case.
Jail surveillance video recorded the altercation at the center of the legal battle, which allegedly began after a shoe Davis was wearing was sent in the direction of deputies.
Pickell said the silent surveillance video was captured by motion-activated cameras and does not thoroughly show why the deputies responded the way they did.
"The video doesn't run the whole time," Pickell said. "You don't get the whole picture."
Pickell said Davis was causing trouble inside of the jail and the deputies reacted appropriately. None of the deputies involved in the case were disciplined, according to the sheriff.
"I'm thoroughly upset with that decision." -Genesee County Sheriff Robert Pickell
"They didn't get reprimanded because they didn't do anything wrong," Pickell said.
The Sixth Circuit Court of Appeals in Cincinnati ruled in April that it would not overturn a March 26, 2013, decision by Detroit U.S. District Judge David M. Lawson who ruled that the case should not be dismissed because jurors could rule in Davis' favor after watching the security footage. However, Lawson said in his ruling that he didn't necessarily agree with either side's interpretation of the video.
A report by Detroit U.S. District Magistrate Judge R. Steven Whalen, which was used by both Lawson and the appeals court in their rulings, says that the video shows Davis inside the cell. Davis then appears to gesture and walks toward the cell door. As he approaches the door, the deputies enter and grab Davis.
Davis is taken to the ground and a scuffle ensues, according to Whalen. Whalen writes that one deputy can be seen either removing Davis' jacket or punching him. It then appears as if Davis is pepper sprayed, according to Whalen.
The deputies then exit the cell and leave Davis face-down on the floor. About 50 minutes after the incident, deputies enter the cell and escort Davis out. Whalen writes that what appears to be blood can be seen left in the cell's toilet.
Lawson ruled that the shoe in question does appear to be moving very close to the floor before the deputies rush the cell, but that it does not appear to be "flying," as the deputies' suggest. He added that it is not apparent at all from the video that the shoe was thrown or kicked with any substantial force or that it struck anything.
He wrote that footage from an in-cell camera was ambiguous because it shows Davis making a movement with his leg, but it did not appear to be especially dramatic or forceful. Lawson ruled that the video could reasonably be interpreted to show either a "flip" or "drop" of the shoe just as well as a "kick."
Davis' attorney has said his client had multiple surgeries to correct injuries from the incident and that he is undergoing treatment for post-traumatic stress disorder.
Pickell said the settlement shows that the county is "waiving the white flag" to attorneys who have filed lawsuits against it. The sheriff added that no lawsuits against his department have gone to trial since he was appointed in 1999.
"The taxpayers' money is being wasted," said Pickell, adding that he has requested a meeting with the county's corporation counsel and risk managers to express his concerns over the frequency of lawsuit settlements.
Celeste Bell, the county's corporation counsel, said the county's self-insured retention will cover $350,000, including the county's expenses associated with the case. The county's excess insurance carrier will cover the rest of the settlement.
Bell said none of the county's general fund will be used to pay the settlement. |
|
|
|
Wed Sep 03, 2014 8:13 pm |
|
|
untanglingwebs
El Supremo
|
Deputies' brutal takedown costs Genesee County $630,000
Ross Jones
5:23 PM, Sep 2, 2014
9:46 AM, Sep 3, 2014
WXYZ
FLINT, MI (WXYZ) - A brutal takedown caught on tape in the Genesee County Jail will cost the county $630,000 following a settlement agreement.
The altercation, and cops' conflicting testimony about how and why it happened, were the subject of a 7 Action News investigations in July.
The payout comes after a lawsuit was filed by Fernando Davis, who was arrested in 2009 after drinking and getting behind the wheel. He says he deserved to be arrested that night, but not what happened next.
"To be beaten like that, no. No one should ever be beaten," Davis said.
Surveillance video from that night shows Davis was first brought to a holding cell with other inmates, but after a few minutes, and without explanation, he was moved into his own isolation cell.
Once inside, he appears to be listening to the officers. It's difficult to tell if he’s talking because the cameras recorded no audio. After a few seconds, Davis steps forward, putting his hands against the wall when, suddenly, deputies swarm him. They can be seen forcefully taking Davis to the ground.
In reports and testimony, they would later acknowledge pepper spraying him and delivering hand and knee strikes to his body, saying Davis was resisting them. But judges who reviewed the surveillance video didn’t see it that way.
Davis sued in federal court and now, Genesee County has agreed to settle the case. As part of the settlement, the sheriffs department admits no wrongdoing
"That check and that amount explains that they know they did something wrong, but they’ll never admit it," said attorney Daniel Romano, who represents Davis.
"I guarantee the officers will not be reprimanded and nothing will happen to them, but it will help the next person and it shows that there’s a pattern and practice of this going on."
Davis has undergone a series of surgeries since the altercation with deputies. He walks with a cane, and he’s just started treatment for pain in his neck. Romano says he’s confident he would have prevailed had the case gone to a jury, but Davis’s medical bills were piling up and he didn’t have time to wait.
"So the deputies who did this are still there. They’ve admitted no wrongdoing. What have you accomplished with this settlement?" asked Channel 7's Ross Jones.
"These officers now have a blight on their record which is more than just, this guy said this and we were sued. This guy said this, we were sued and the county paid $630,000," Romano said.
"That’s not a small amount of money. That’s an admission of wrong, even if they’re not admitting it."
Genesee County Undersheriff Chris Swanson said the department had no comment on the settlement.
Contact 7 Investigator Ross Jones at rjones@wxyz.com or at (248) 827-9466. |
|
|
|
Wed Sep 03, 2014 8:17 pm |
|
|
untanglingwebs
El Supremo
|
Quote:
Davis sued in federal court and now, Genesee County has agreed to settle the case. As part of the settlement, the sheriffs department admits no wrongdoing
"That check and that amount explains that they know they did something wrong, but they’ll never admit it," said attorney Daniel Romano, who represents Davis.
"I guarantee the officers will not be reprimanded and nothing will happen to them, but it will help the next person and it shows that there’s a pattern and practice of this going on."
Davis has undergone a series of surgeries since the altercation with deputies. He walks with a cane, and he’s just started treatment for pain in his neck. Romano says he’s confident he would have prevailed had the case gone to a jury, but Davis’s medical bills were piling up and he didn’t have time to wait.
"So the deputies who did this are still there. They’ve admitted no wrongdoing. What have you accomplished with this settlement?" asked Channel 7's Ross Jones.
"These officers now have a blight on their record which is more than just, this guy said this and we were sued. This guy said this, we were sued and the county paid $630,000," Romano said
===================================================
Why will the deputies get a pass? I saw the video and it is violent and senseless/ |
|
|
|
Wed Sep 03, 2014 8:21 pm |
|
|
untanglingwebs
El Supremo
|
Genesee County lawsuit victim speaks out
Posted: Sep 08, 2014 4:53 PM EDT
Updated: Sep 12, 2014 5:27 PM EDT
Posted By Brianna Owczarzak - email
By Gino Vicci - email
GENESEE COUNTY, MI (WNEM) -
A Flint man was recently awarded more than $600,000.
He is now speaking out after Genesee County Sheriff Robert Pickell stated publicly he deserved "absolutely nothing."
Fernando Davis, 50, sued the county after he said six deputies brutally beat and wrestled him to the ground.
The county settled the case without going to trial, which upset the sheriff because Pickell believes the county would have won the case.
"I was just sitting there waiting on the bench and they attacked me," Davis said.
A DUI landed Davis in jail back in 2009. He admits he broke the law and deserved to be punished, but not like that.
"No one deserves to be treated like that," Davis said.
A surveillance video shows Davis inside the Genesee County Jail shortly after being arrested. He said the video is evidence he was badly beaten and for no good reason.
"After that I was beaten unconscious," Davis said.
Davis sued, but even after a federal judge ruled there was enough evidence to go to trial, the county decided not to. Instead they settled with Davis for $630,000.
That is why Pickell is so angry. The sheriff believes his deputies did nothing wrong and blamed Davis for the altercation.
"I think we had a good shot at winning it," Pickell said.
Dan Romano, Davis' attorney, said at no point during the video does Davis act in an aggressive way toward deputies and said a federal judge agreed there was enough evidence to go to trial.
Romano said his client did absolutely nothing to deserve the brutal beat down.
"Pickell needs to review the facts before he opens his mouth on TV," Romano said.
Pickell also criticized the county for settling too many cases. In 16 years he said they have never gone to court in these types of cases.
**To view the RAW video of Pickell's interview with TV5 click here. |
|
|
|
Sat Sep 13, 2014 1:07 pm |
|
|
untanglingwebs
El Supremo
|
| Does Pickell have a number of "Cowboy Deputies?" |
|
|
|
Thu Jun 23, 2016 3:41 pm |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
