ABM had previously obtained an exemption from the Department of Labor Standards Enforcements which legally allowed the guards to take on duty breaks, but when the exemption came up for renewal, ABM made a business decision not to renew the exemption, and instead decided to take their chances that the court would find their conduct to be legal.
Lead Counsel for the class, Drew Pomerance and Michael Adreani of Roxborough, Pomerance, Nye & Adreani, LLP were obviously pleased with today’s ruling.
Pomerance comments, “We fought hard for seven years and are very grateful that the court agreed with what we have all along believed the law to be. ABM’s conduct is the poster-child for how California businesses should not behave, and it’s very satisfying to see a court finally hold them accountable.”
Adreani comments, “This is a message to employers to remain diligent in complying with California’s wage and hour laws. RPNA will continue to advise our employer clients on the proper means of conducting business in this State.”
SOURCE Roxborough, Pomerance, Nye & Adreani, LLP
SALEM OR July 10 2012 – An off-duty Marion County sheriff’s deputy riding a motorcycle was killed on Interstate 5 north of Albany Sunday afternoon, police said.
Tyler D. Chapman, 33, of Salem, lost control of his 2003 Honda while trying to stop for braking traffic ahead. He went down on the roadway, said Lt. Gregg Hastings.
Minnie J. Bohall, 33, of Creswell, was behind him in her 2005 Dodge Durango and was unable to stop, running over the bike and Chapman, Hastings said.
He was taken to Salem Hospital in serious condition, where he died.
Northbound lanes were partially blocked from 1:40 p.m. until the scene was cleared around 3:40 p.m.
Marion County Sheriff Jason Myers said “we share with his family the grief of his passing as he was also a part of our law enforcement family. Tyler was beloved by his peers and known for his infectious sense of humor. He was consummate professional, dedicated and committed to training and educating law enforcement officers of the future. He will be sorely missed”
Chapman was a graduate of Sprague High School in Salem and joined the Navy before pursuing a career in law enforcement. He was with the sheriff’s office for 13 years.
Chapman is survived by his wife Torry and their two children.
El Paso County CO July 10 2012 A Liberty High School teacher has been arrested for alleged sexual contact with a student.
Travis Clark turned himself into the El Paso County Criminal Justice Center July 7 after an investigation by authorities.
In March 2012, District 20 Liberty High School Administrators were notified of possible sexual contact between a student and teacher. The student and other witnesses were interviewed by the administrators. The teacher was identified as Travis Clark and an investigation began by school officials and then the Special Victims Unit of the police department.
On, July 6, 2012 an arrest warrant was obtained for the charges of Sexual Assault on a Child by One in a Position of Trust and Travis turned himself into police.
If anyone has information about the case please contact police at 444-7000. CSPD is concerned for other possible victims associated to Travis Clark.
A security guard at the Best Buy on Bird Road and 77th Avenue notified police when four people attempted to use the fake credit cards.
The shoppers took off running and even tried to run over an officer, police said. That is when police were forced to fire.
“Well, enough for the officer to feel that his life is in danger, and he has to take deadly force,” said Miami-Dade Police Detective Alvaro Zabaleta.
”The officer is doing fine. He did discharge but did not strike anybody or anything.”
All four subjects are in custody.
The suspect, who has no permanent address, was apprehended about 9 a.m. after he was seen stealing an iPod from a vehicle at the hospital near 42nd and Dewey Streets. He was later booked into the Douglas County Correctional Center for burglary, destruction of property, theft from a vehicle, possession of burglary tools, possession of drug equipment and possession of a stolen credit card.
Officer Jacob Bettin, a spokesman for the Omaha Police Department, said hospital security caught the suspect during a foot pursuit after witnessing the vehicle break-in. During the chase, the suspect was seen dropping laptop computers from a backpack.
Police officers determined the computers were property of a business located near 48th and Dodge Streets that had been burglarized overnight. The officers also discovered the suspect had drug paraphernalia and a stolen credit card in his possession.
LAS VEGAS NV July 10 2012 – Metro Police officers are being trained in new use-of-force policies to cut down on fatal encounters with the public, Sheriff Doug Gillespie said.
During a Monday morning briefing, Gillespie said about 2,700 police and corrections officers — about 99 percent of the force — took part in a five-week course.
The training focused on preserving life and minimal force, such as issuing more warnings before a situation becomes dangerous.
The training also taught how to use weapons such as pepper spray and batons.
A change being implemented is the use of stun guns. Gillespie said that officers will not be permitted to use their stun gun unless someone is trying to attack them with their body or weapon.
“The department respects and values every human life and the application of deadly force is a measure to be employed in the most extreme circumstances,” he said.
In the past, an officer could use force if a person was making verbal threats, such as during a traffic stop. With the new policy, an officer may only use force if the person poses a physical threat to themselves, an officer or someone else.
Bexar County Sheriff’s deputies and San Antonio Police responded.
The two were immediately arrested.
Sergeant Raul Garza with the Bexar County Sheriff’s Office said while they searched the courthouse inside, it didn’t appear as if the two had entered the building. Officers did find some damage to the rooftop where the pair had climbed. They said there were some broken tiles.
The suspects revealed they are from Houston and they climbed up on the fire escape and onto the roof top because they were drunk.
Detroit, MI July 10 2012 – A 24-year-old Detroit woman died Sunday when she hugged an off-duty police officer, causing his holstered weapon to discharge into her chest.
Adaisha Miller was celebrating her upcoming 25th birthday when the gun went off.
Police said the gun dicharged while Miller was dancing with the officer and embraced him from behind.
Miller was struck in the lung and heart.
She died at an area hospital.
“For this to happen to her, whether they want to call it freak accident or mistake in judgment, it should have never happened to my child and there’s nothing I can do to get her back,” said Adaisha’s mother, Yolanda McNair.
Miller would have turned 25 on Monday.
“All she wanted to do was enjoy the weekend for her birthday. She had every right to enjoy turning 25 and look beyond that,” said McNair.
Internal Affairs for the Detroit Police Department is conducting an investigation.
The investigators report will presented to the Wayne County Prosecutor’s Office for review.
The officer will be assigned to administrative duties throughout the investigation.
London England July 10 2012 A former security dog handler who lost everything after he was wrongly convicted of threatening behaviour says he is determined to get his life back on track.
James Taylor, 21, was a fully trained security guard when he was convicted after an incident near his houseboat in October last year.
As a result, his security licence was revoked by the Security Industry Authority and he lost his job and car, had to give up his beloved guard dog, Vadar, and eventually had to move out of his home as he could not afford the rent.
He has been fighting to clear his name ever since and finally had his conviction overturned. Judges said what had happened to him was “little less than horrifying”.
Speaking for the first time since the ruling, James who is still homeless and sofa-surfing at friends’ homes in Medway, said: “It’s been awful. I hadn’t done anything wrong – I was just defending my home.
“It’s been so unjust but I was determined to clear my name.
“I can now finally get on with my life. Everything has been on hold, but I still don’t think I’m completely over it.”
James, who is staying with friends in Halling, was convicted in December at Highbury Corner Magistrates’ Court in London.
It took three months to see his appeal hearing listed at Blackfriars Crown Court, where judges ruled the conviction should be quashed.
James was a fully qualified doorman, a member of the National Association of Security Dog Users and trained in dog handling, canine first aid, canine survival ability and more, when the incident happened, in Islington, London.
He had been working a night shift when he came home to his houseboat, moored by a pub, and found pint glasses stacked up against his boat.
As he moved them, several glasses smashed on the floor and a man out walking his dogs demanded James clear up the mess.
The pair argued and James called the police, as the man would not leave him alone.
However, James, who is originally from Gravesend, was arrested after the man told police he had threatened him.
He was charged, and sentenced to 16 weeks’ custody suspended for 12 months, ordered to carry out 120 hours unpaid work and £200 compensation.
James said: “I cried in court when I was convicted, this was my whole life ruined. No one would believe I was innocent. It was the most awful thing I have ever been through.
“I got depressed; I had to give up Vadar as he is a security dog and I was no longer a security guard. It broke my heart as I loved him.”
James is now trying to rebuild his life.
He said: “I still can’t get my licence back as I don’t have a permanent address, but I am looking for work and I now want to do something worthwhile in my spare time.”
He in hoping to help train dogs who are boisterous, for free, if he can find a venue.
He added: “There are so many young people out there who don’t know how to control their dogs, and I can help them train them to become better animals. I just need somewhere to do it.”
The Chicago Tribune reported Saturday (http://tinyurl.com/7lcvc56 ) that the hair extensions were worth $230,000.
Store owner Don Shin says the criminals took his best merchandise. He thinks the culprits will try to sell the extensions on the street or to salons. The thieves broke through a wall from an attached empty storefront at about 2 a.m. Saturday.
Extensions can be made from artificial or human hair. They are used in salons to add length and volume to a hairstyle.
Shin says the thieves didn’t take any of “the cheap stuff” and “knew what they were doing.”
When they arrived, officers found he had apparently jumped from the 8th floor of the building and was dead at the scene, Perez said.
The Cook County Medical Examiner’s office has been notified of the fatality, but his identity was not being released Sunday morning, a spokesperson said.
Area Central detectives are conducting a death investigation.
An autopsy is scheduled for Monday to determine the cause and manner of his death.
Three charged after a family shoplifting spree involving 5 stores, deputies say www.privateofficer.com
Key Largo Fla July 10 2012 One Key Largo family missed the fireworks on the Fourth of July when they landed behind bars after a family shoplifting outing.
Three family members from Key Largo were arrested on the Fourth of July after they were caught with stolen merchandise from five different stores, according to a news release from the Monroe County Sheriff’s Office.
A manager at a Publix in Key Largo called authorities after an employee noticed a man, later identified as Edy Martinez Lezcano, walk out of the store with a basketful of groceries without paying for them, according to the release.
A responding deputy found Martinez Lezcano, 29, standing in front of K-Mart. His 37-year-old wife, Maria de los Angeles Betancourt, was stopped by another deputy in their H3 Hummer a short distance away after the manager identified her and the Hummer as the vehicle containing the stolen items, according to the release.
Lezcano’s mother-in-law — Betancourt’s mom, Eustasia Elena Gonzalez, 57 — was then found in another location in the parking lot.
Another store manager in the plaza — from K-Mart — then approached the deputies as they were investigating and reported that he had seen the same three people enter his store to shoplift, the report stated.
A search of the Hummer turned up over $700 worth of stolen merchandise from K-Mart, Publix, Beall’s department store, Shell World and West Marine, according to deputies.
All three were arrested and charged with five counts of theft.
The five justices concluded that the same Hudson Valley Mall where a gunman opened fire with an assault rifle a year earlier met the threshold of “minimal precautions to protect tenants from foreseeable harm.” The Appellate Division, reversing a lower court, dismissed the lawsuit filed by Sharon Inger’s daughter and estate.
The justices said PCK Development Co. LLC was not obligated to put security cameras at the entrance to the Ground Round and had no duty to police the restaurant’s interior. The sole security guard patrolling after hours “saw nothing to alarm her” that night, they noted.
According to police, the 42-year-old Inger was closing the restaurant on June 4 when she was killed by co-worker Paul David Despres, 20. Authorities said he returned to the restaurant that night, stabbed Inger 33 times and stole his personnel files and $4,000. He died two weeks later jumping from a moving car.
“The affidavit of defendant’s then-security director established that decedent’s tragic death was not predictable or expected given that no similar assault had occurred in any tenant spaces leased at the mall, and that, apart from one shooting a year earlier in 2005, the criminal activity on the mall premises consisted of much less serious offenses, such as shoplifting, disorderly conduct and fistfights,” Justice Edward Spain wrote.
Justices Robert Rose, Bernard Malone Jr., Michael Kavanagh and John Egan Jr. agreed.
Attorney Derek Spada said he’ll probably appeal the decision, which he called “difficult to comprehend” in light of the hundreds of crimes committed at the mall every year. “It seems like you can shoot people and stab people in the mall and the mall is just not responsible,” he said.
Spada had argued that Hudson Valley Mall should have more security, especially following the 2005 shooting, than one guard on duty and should have cameras that one guard could watch from a central location. That would have shown Despres’ car as the only one pulling into the parking lot around midnight when all the stores were closed, he said.
Attorney Richard Bentzen, representing the owner, said it was the ruling they had hoped for and expected. He had argued that the mall wasn’t responsible for security inside the restaurant or obligated to put cameras outside it.
A lawsuit against the mall and developer Pyramid Companies brought by a National Guard recruiter wounded in the 2005 shooting was dismissed in December by Justice George Ceresia, who concluded it was not foreseeable.
Attorney Steven Melley said he has filed a notice of appeal in that case. His client Thomas Haire has had about 20 surgeries on his legs since a man opened fire in the mall with a semiautomatic rifle on Feb. 13, 2005.
Bentzen declined to comment on that lawsuit.
Federalsburg MD July 10 2012 The bodies of three boys were found Sunday in a creek on Maryland’s Eastern Shore, and authorities said they apparently had drowned.
The boys, two 12-year-old cousins and an 8-year-old family friend, were found in Marshyhope Creek in Federalsburg, where all three lived. Their names were not immediately released.
The boys were last seen playing basketball Saturday afternoon at a church near the creek. Authorities said it was possible that one or all of them had entered the creek to cool off.
The deaths have “absolutely devastated the community,” said Capt. Jerry Kirkwood of the Maryland Department of Natural Resources Police. “Three separate families have lost a young son.”
The tidal creek, a tributary of the Nanticoke River, is about 20 yards wide and averages 5 to 10 feet deep, Kirkwood said. Possibly, he said, one boy got into trouble in the water and the others went in to help.
The three were reported missing about 1:30 a.m. Sunday, and police made a preliminary search, the Caroline County Department of Emergency Services said.
Parents continued the search throughout the night, the department said.
When the boys failed to return by daylight, volunteers joined the search.
Dogs reportedly led searchers to the creek from the church where the boys had been playing.
An investigation was underway Sunday night, but Kirkwood said nothing had been found indicating anything other than “a tragic accident.”
Federalsburg is a town of 2,700 about a two-hour drive southeast of Washington. It is a few miles from the Maryland-Delaware state line.
Around 3:30 a.m. Deputy Westlake found Darrell Brunson, 47, hiding quietly inside the dumpster at the 7905 N. Division pharmacy location.
Brunson was booked into Spokane County Jail for 2nd Degree Trespassing and Possession of a Controlled Substance.
Ashley L. Vest, 27, of 558 Buchannan Road, told Chillicothe Police she got scared when she was confronted at Super Kmart for shoplifting just before 11 p.m. and told those confronting her that she would use a knife on them, according to a Chillicothe Police report.
Employees had Vest’s ID that she had given them when first confronted by employees about allegedly stealing a hat and two makeup items. According to the report, when Vest heard them calling police, she began swinging at two employees and yelled that she had a knife and would kill them and herself. She then ran out a back door.
An officer and police dog checked the area and found Vest, who allegedly claimed she was someone else.
Police did not find a knife on Vest. She said she never had one.
Because of the threats, authorities charged her with robbery, a second-degree felony.
NEW ROCHELLE, N.Y. July 10 2012– Two men were accused of shoplifting over the past two days at New Rochelle’s Home Depot, 55 Weyman Ave.
Robert Winckelman, 40, of 11 Peach Tree Court, Tivoli, N.Y., was charged with petty larceny, a misdemeanor. He was accused Tuesday of trying to take an 8,000 BTU air conditioner worth $219 from the store, police Capt. Joseph Schaller said.
Thomas Lorusso, 46, of 249 Robinson Ave., the Bronx, also was charged with petty larceny, a misdemeanor. He was seen by Home Depot store security trying to take $21.95 worth of items from the store, Schaller said.
Source:New Rochelle Voice
Two Lakeland women , accused of shoplifting more than $70,000 worth of merchandise www.privateofficer.com
LAKELAND Fla July 10 2012
Two Lakeland women were arrested late Thursday, accused of shoplifting more than $70,000 worth of merchandise from stores in Hillsborough and Polk counties, according to the Polk County Sheriff’s Office.
Nadia Blackburn, 29, of 6546 Evergreen Park Drive, and Stephanie Couture, 31, of 3120 Bonnybrook Drive South, were charged with grand theft following an investigation by Polk detectives that began in 2011.
The charges against the two women were filed by the Attorney General’s Office of Statewide Prosecution on Thursday. The two were arrested and booked into the Polk County Jail on Thursday night and released early Friday after posting $1,000 bail each, according to jail records.
Blackburn, who is a nurse with Bartow Regional Medical Center, and Couture, who operates Coupon Cutters Co., are accused of shoplifting from numerous stores and selling the items on eBay, according to sheriff’s detectives.
Blackburn operated under the eBay account name of NVBNautica and Couture operated the Always28smiling account.
Blackburn did not return a call for comment and attempts to reach Couture were unsuccessful.
“The women independently and together removed merchandise from stores using various concealment methods,” PCSO spokeswoman Donna Wood wrote in a press release. “Both women admitted to taking their children along during their shoplifting outings.”
While detectives were conducting an ongoing investigation of Blackburn, she was arrested by Hillsborough County deputies March 6, 2011, for shoplifting at J.C. Penney’s at the Brandon Town Center, according to reports. At the time, her son was with her, the press release said.
Wood said Polk detectives took the opportunity to question Blackburn about her activities. She told them she had been shoplifting for about 11 years and would sell the items on eBay for extra money, reports said.
Through research, Polk detectives learned her eBay account had been opened in July 2002, reports said.
At the time of her 2011 arrest, Polk detectives also questioned Blackburn’s husband, Paul Blackburn, Wood said. He first denied knowing about the alleged shoplifting, but in later interviews with detectives he said “he knew his wife routinely stole items, but he said he disapproved of the behavior.”
During the time of Paul Blackburn’s questioning, Couture arrived to help with the children, detectives wrote.
She initially denied knowing about her friend’s shoplifting, but later told detectives after learning of the ongoing investigation that Blackburn had taught her how to shoplift, according to reports.
After obtaining a search warrant for Blackburn’s Lakeland home, detectives found about $70,000 of merchandise from area stores. Some of the merchandise still had the price tag attached, reports said.