CARSON CITY NV Nov 25 2011 — Mahoney’s Silver Nugget in North Las Vegas did not owe a man who was shot to death in the casino a duty of care, the Nevada Supreme Court has ruled.
The court upheld the decision of Clark County District Judge Valorie Vega, who granted a pretrial summary judgment in favor of the casino that was sued by the survivors of Allen T. Smith Jr.
The court, in a decision written by Justice Ron Parraguirre, said the shooting was not foreseeable and that the Silver Nugget took basic precautions to ensure the safety of its customers.
Smith was shot to death during a fight at a casino bar.
The survivors of Smith filed suit against the Silver Nugget, accusing the business of negligence, wrongful death and loss of consortium. They claimed the slaying was foreseeable.
The court ruled that there was no way the Silver Nugget should have known that one of the patrons had a concealed weapon and that security was promptly deployed when a group of people became boisterous.
Gainesville Fla Nov 25 2011 The Gainesville Police Department broke up a multi-city and multi-state retail theft scheme Tuesday evening.
Investigators said the scheme appears to be a money-laundering scam involving counterfeit $100 bills. And the same scheme was run earlier this fall, too, likely by the same suspects, police said.
According to arrest reports, Officer Derek Tirado pulled over one of the suspects in The Oaks Mall parking lot around 6:45 p.m. Tuesday and discovered the man was carrying a driver’s license bearing his name and photograph but with someone else’s license number.
When the license number was run through the state computer system, it showed another person’s photograph. The computer check also showed that the man carrying the license was wanted in Lake County for driving on a suspended license.
However, the man’s bigger problem was that the Secret Service has been notified that he and an alleged accomplice have been charged with using counterfeit currency.
Tirado was dispatched to the mall because JCPenney employees at The Oaks Mall suspected that the two men and a third person had used counterfeit $100 bills on Tuesday to buy items at JCPenney stores in Gainesville, Ocala, Lake City and two Georgia cities, then returned the items and received genuine U.S. currency, effectively trading fake cash for real money.
Detective Jeff Dorminey was called in on the case to review surveillance images of the men recorded earlier this fall and again on Tuesday, according to police.
The driver was identified as Thomas McKnight, 24, of Leesburg, and his accomplice as Danny Senatus, 23, of Orlando.
Both men were charged with scheme to defraud and obtain property as well as organized dealing in stolen property. McKnight was additionally charged with unauthorized possession of a forged driver’s license.
On Wednesday, investigators were still looking for a third, unidentified suspect in the case.
Police said the investigation was continuing in conjunction with investigators in several other locations as well as with federal officials.
The other stores that may have been targeted were Victoria’s Secret and American Eagle, according to Tirado’s report.
Around 11:30 a.m. Tuesday, the man and two women allegedly stole merchandise from a sales bin at the store, on Powerhouse Drive in the Old Mill District, said Sgt. Todd Fletcher. A Bend officer took the theft report.
Then, around 10:15 a.m. Wednesday, a Victoria’s Secret employee called Deschutes County 911 and said the suspects from the previous day were back at the store, Fletcher said.
When police arrived, the man, Terrance Lennele Carter, 21, ran and was caught without incident after a brief chase that also involved a golf cart, officers said.
The two women, Monette Leshae Johnson, 23, and Tianiqua Leshay Hosley, 21, were arrested in Carter’s alleged getaway car around the corner from the store, Fletcher said.
A large amount of stolen merchandise was found in their car, Fletcher said, and an investigation led to recovery of more than $5,000 worth of items stolen from seven stores.
The others included American Eagle Outfitters, also in the Old Mill Shops; T.J. Maxx, Bed Bath and Beyond and Ross Dress for Less, at Cascade Village Shopping Center; and Lowe’s Home Improvement at Hwy. 97 and Cooley Road.
“They are from Portland, came into town Monday and are staying in a local hotel,” said Officer Mike Maunder as officers displayed the recovered loot.
“Basically, they were stealing items from different store, then returning the items for either gift cards or cash,” Maunder said.
Three of the seven stores are in the Cascade Village Shopping Center, and that’s where Gentry Williams and his security team, Archangel Security Services, keep watch.
“If I can’t catch you on this property, I’m going to have most of your information, vehicle description and I’m going to be sharing that with the various retailers,” Williams said.
Williams says the theft ring serves as a reminder for people to be aware of their surroundings, as people will not only steal from stores this time of year but out of people’s cars.
“Being prepared and being aware and making that not so tempting to these people, because there are a lot of them around,” Williams said.
As for solving the crime, it was a joint effort between retail and police.
“For them to call and see something suspicious and to get us there is obviously what makes this all work,” Maunder said.
Carter and Johnson were lodged at the county jail on charges of first-degree theft, first-degree conspiracy to commit theft and organized retail theft.
Carter was being held on $10,000 bail pending a court appearance Monday afternoon, jail officers said. Johnson was released on her own recognizance pending a Dec. 14 court date.
Horsley was cited and released on second-degree charges of theft and conspiracy to commit theft.
Fletcher said the investigation was continuing, and more victimized stores could be identified.
NEW PHILADELPHIA OH Nov 25 2011 — A shoplifting incident reported Tuesday afternoon at New Towne Mall became a robbery when the suspect pushed down a woman, injuring her, as he fled.
Dennis Bachtel, 23, of Canton, was being held in the city jail Tuesday night on an open felony charge.
Police Capt. Shawn Nelson said Bachtel has confessed to the incident, reported at about 2 p.m. at the Elder-Beerman store.
Nelson said Bachtel was apprehended quickly because of the availability of five officers who converged on the area quickly. The officers, he noted, were able to gather information by speaking to witnesses and the victim, and were assisted greatly by a hostess of the nearby Red Lobster Restaurant.
The hostess, whom Nelson credited with being alert and aware of her surroundings, informed him that she had seen a man without shoes get into a gold-colored car that was just leaving the Red Lobster parking lot.
Nelson said he jumped back in his cruiser, got behind the car, and stopped it before it was out of the mall parking lot area. Upon approaching the vehicle, Nelson discovered that the man didn’t have shoes on and was wet.
“I took him into custody, (read him his rights) and he’s already confessed that he’s the one that committed the … in his mind it’s a shoplifting, but it makes it a robbery because someone was injured in the commission of the offense,” Nelson said.
While searching the vehicle, which was later impounded, officers found other merchandise, which Bachtel confessed to stealing, and a heroin kit. “He admittedly is a heroin addict and attempting to feed his habit by stealing,” Nelson said.
The 63-year-old Gnadenhutten woman who was pushed down was treated in Union Hospital in Dover. Nelson said the woman suffered badly bruised ribs.
Mike Ernest, an assistant Tuscarawas County prosecutor, was consulted from the scene “and he was able to verify that the circumstances in this case sound like a felony robbery,” Nelson said.
A warrant is to be obtained, and the case ultimately would go before a grand jury.
Nelson added that Bachtel had taken a large mixer, valued at $300, and a pair of jeans from the Elder-Beerman store. He said store officials have recovered the items.
He noted that Bachtel had been in the mall earlier with his girlfriend and their four-month-old baby, both of whom were being left behind as he attempted to flee.
At about 4:20 p.m. on Nov. 21 Nashua Police received a call for a theft at an area business. Officers responded and spoke with the business owner, who said there had been several thefts of cash from cash registers over the past several months. Aloise was identified as a suspect and was arrested by police.
As a result of further investigation, Aloise was charged with a Class A Felony Theft By Unauthorized Taking. This offense is listed as a Class A Felony because Aloise allegedly stole in excess of $1,500 in total throughout the course of these incidents. Aloise was also charged with two counts of Class A Misdemeanor Theft By Unauthorized Taking for allegedly stealing money from other employee’s belongings on two separate occasions.
Police declined to name the business.
A Class A Felony is punishable by up to 15 years imprisonment, exclusive of fines. A Class A Misdemeanor is punishable by up to one year in jail, exclusive of fines. Aloise was released on $5,000 personal recognizance bail pending his arraignment at Nashua District Court on December 28, 2011.
The Lawrence Journal-World reports reports that 20-year-old Michael Everett Smith pleaded guilty Monday to one count of felony theft. Smith, of rural Lawrence, told District Judge Michael Malone that most of what he stole was cash, out of a register at a Dillons where he worked.
Prosecutors said the thefts went on from May 2010 to March of this year, when a Dillons official called Lawrence police.
Smith’s lawyer expects a sentence of probation when Smith goes back before the judge on Jan. 6.
The child’s mother, Alissa Jones, said the father wasn’t looking when the girl grabbed the package, ate a few pieces of fruit then returned it to a shelf at a Safeway store in Everett, Wash., KOMO reported Wednesday.
Safeway previously faced widespread criticism when a Honolulu couple were arrested over stolen sandwiches and had their 2-year-old daughter taken from them briefly by state officials.
In Washington, the guard took the 4-year-old and her dad to a room and said the girl would face charges and be banned from the chain, Jones said, adding the guard had the girl sign a paper acknowledging she wasn’t allowed to enter any Safeway stores.
The company said it was “appalled” by the guard’s actions and dismissed him. Store officials have apologized to the girl’s parents, Safeway spokesperson Cherie Myers said.
“Our policies on shoplifting are intended to protect our customers, but built on common sense. And everyone understands what common sense is,” Myers said.
The name of the guard was not immediately available.
The woman involved in the Honolulu incident, Nicole Leszczynski, was 30 weeks pregnant at the time. Last month, she and her husband forgot to pay for two sandwiches that together cost $5. They were handcuffed and searched, and later released on $50 bail each.
The company decided not to press charges, apologized and said then it would re-examine its policies.
Lehigh Township PA Nov 25 2011 A pair of men were accused today of stealing more than $3,500 worth of video games and electronics from the Kmart in Lehigh Township.
Matthew Miller, 24, of Whitehall Township, and Edward G. Frack, 24, of the Schnecksville section of North Whitehall Township, used a set of security keys to steal 41 XBox video games, a pair of laptop computers, a suitcase, and other items on Aug. 24, according to court papers.
Police said Miller, a former store security officer, never turned in a set of keys for the store, and a set was found in his car. Along with the keys, police found a large number of video games.
Frack allegedly aided Miller, and possibly others, in the theft, police said.
The items found in Miller’s car totaled $2,328, police said, and matched much of what the store believed had been stolen earlier this year.
According to court papers, Frack tried to steal $630 worth of electronics Aug. 31 when he and another man attempted to push a cart loaded with items past the cash registers.
Miller was charged with receiving stolen property, criminal conspiracy, possession of instruments of crime and criminal use of a communication facility. Frack was charged with criminal conspiracy. Both men were released on $35,000 unsecured bail.
Scotland Neck, SC Nov 25 2011 A police officer killed an elderly, deaf and mentally disabled man riding his bicycle by shooting him with a Taser stun gun after he failed to obey instructions to stop.
Roger Anthony, 61, was killed as he made his way home in Scotland Neck, South Carolina, after officers responded to a 911 call about a man who had fallen off his bicycle in a car park.
The caller told dispatchers that the man appeared drunk and that it looked like he had hurt himself.
Officers said they repeatedly told Mr Anthony to get off his bike, but when he didn’t respond, they shocked him.
The state Office of the Medical Examiner hasn’t yet determined a cause of death.
Family members claim Mr Anthony had hearing problems and suffered from seizures. Now they’re considering whether to file a lawsuit against the town.
His brother Michael said: ‘What did they tase him for? It’s hurting me. It’s really hurting me.’
Scotland Neck Mayor James Mills said he wouldn’t blame the family for suing.
‘There has been no information that this man was a threat to anybody,’ he said.
‘If I was a family member, I’m sure I’d be thinking the same way.’
Mills said he has tried to get information from the police department about what happened to Mr Anthony, but they have turned him away.
Police Chief Joe Williams says the officer is on administrative leave while the SBI conducts its investigation.
He declined to comment further. Anthony’s family said they hope the case is resolved soon.
Mr Anthony’s niece, Porsha Anthony said: ‘I’m sad. I lost an uncle.
‘Hopefully it will be rectified so that not another family in Scotland Neck has to go through this’.
The State Bureau of Investigation in South Carolina said they are looking into Mr Anthony’s death.
Elizabeth NJ Nov 25 2011 Rocco Malgieri has been accused of shaking down undocumented immigrants, telling them that unless they gave him money, he would turn them into immigration authorities.
The Elizabeth Police officer of New Jersey, has been charged with nearly 60 counts, ranging from theft by extortion to official misconduct.
Prosecutors say Malgieri, 43, would pull over Hispanic drivers without just cause, as about their residency status, and then threaten them. He told them that unless they gave him money, he’d report them to federal immigration officials. He allegedly received payments between $30 and $250, according to Union County Prosecutor Theodore J. Romankow.
Prosecutor Romankow stated that Malgieri began the shake down of the Hispanic men in February 2011.
Malgieri reportedly turned himself in back in March after 19 years as a police officer. The 58 charges against him were announced Monday.
For now, he has been suspended without pay, but prosecutors say the 12 victims that have been confirmed are likely not the only ones, just as Malgieri is likely not the only officer to engage in such immoral behavior.
Malgieri is currently out on a $20,000 property bond.
GWINNETT COUNTY, GA Nov 25 2011 – Gwinnett County police arrested a man who was allegedly pretending to be a police officer near Five Forks Trickum Road and Killian Hill Road.
“Basically, someone was tailgating me real close to the point where I couldn’t even see their headlights,” said Jason Milczek, 30, of Lilburn told CBS Atlanta News.
Milczek told police he found the SUV highly suspicious and refused to pull over.
“There was an empty lane to the right and most people will take that opportunity to pass you,” said Milczek. “He was determined to stay right behind me, so it was very odd.”
Milczek called 911 as the SUV continued to follow him.
As officers were on the way to help, Milczek ran out of gas and pulled over to the side of the road. The driver of the Explorer pulled up next to Milczek and threw an empty bottle at his car and drove off, according to reports.
Milczek managed to get the tag number of the Explorer. Officers eventually tracked down the driver, 19-year-old Josue Cruz-Ayala, of Lawrenceville.
Police confirmed he installed a small dash-mounted light bar that would flash blue and white.
“When you have somebody go out there and undermine our authority, it hurts us and our ability to do our job because now you have people out there wondering, is this a legitimate police officer?” said Corporal Edwin Ritter.
Cruz-Ayala is charged with eluding police and the impersonation of a police vehicle and reckless conduct for the incident that took place on Nov. 13.
Cruz-Ayala was also issued citations for improper turn and unlawful tint.
“It’s good to keep criminals off the street,” said Milczek. “I don’t know what would’ve happened if it was my mother or grandmother. Who knows? But I’m happy that the neighborhood’s safer now.”
Indianapolis IN Nov 25 2011
An Indianapolis man was arrested Tuesday for allegedly exposing his private area in public.
An officer with the Indianapolis Metropolitan Police Department responded to the McDonald’s, located on West 38th Street, around 9:28 a.m. regarding a man exposing himself.
A witness told the officer she was working at the front counter when she saw Johnnie McMullen, 37, fondling himself under the table.
The woman said McMullen pulled his pants up and fled inside a Dodge van when he saw the officer arrive.
The officer located the van and initiated a traffic stop.
Police said McMullen denied exposing himself inside the McDonald’s.
According to the police report, police discovered a large, orange sexual device inside the vehicle.
At that time, police arrested McMullen on preliminary charges of public indecency and driving with a suspended license.