Middletown constable charged with reckless endangerment www.privateofficer.com

 

Middletown PA April 26 2013 A Middletown constable was charged with reckless endangerment and voluntarily committed himself to a mental institution after an apparent domestic dispute at his home April 2.
Kevin M. Kelley, 40, of Middletown, was reportedly involved in an argument with his wife April 2 when he discharged his firearm into the ceiling of their home, said Dauphin County First Assistant District Attorney Fran Chardo, who is prosecuting the case.
So far, Kelley is only charged with one count of recklessly endangering another person, Chardo said. His wife filed a protective order against him shortly after the incident and Kelley voluntarily committed himself to a mental institution, Chardo added.
“He is out on bail and he has, as I understand it, voluntarily committed himself,” Chardo said. “It is a voluntary commitment, but as a condition of his bail he has to continue with mental health treatment.”
Kelley was released on unsecured bail of $5,000 on April 10, the same day he was reportedly arrested, according to an online search of court records Wednesday.
As a constable — an elected position — Kelley may not necessarily be forced to resign his position, even if he is convicted, but the court could consider his position in the community if he is convicted, Chardo said.
“He has bail conditions that will prevent him from acting as a constable [for the time being],” Chardo said. “And if he is convicted, certainly it could implicate his ability to continue to act as a constable … but it’s not his job; he’s an elected official.”
In order to be considered for the position of constable, a person only needs to prove that they have no prior convictions for felony offenses or offenses for the crime of falsehood, Chardo said.
Kelley will appear before Magisterial District Judge David H. Judy for a preliminary hearing at an undisclosed future date, court records state. No attorney was listed to represent Kelley as of Wednesday afternoon, Chardo said.

Delaware County constable arrested for impersonating a public servant www.privateofficer.com

 

Delaware County PA April 18 2013 A constable in Delaware County faces charges of impersonating a police officer after he allegedly threaten to ticket a neighbor during a dustup at a neighborhood yard sale.

Robert Dugan, 47, of Upland, is charged with impersonating a public servant, harassment and disorderly conduct. He is awaiting a preliminary hearing. Dugan is a constable for the Borough of Upland.
According to public records, Doreen McGettigan had double parked her car to unload items to her house. Customers at the April 6th yard sale across the street had taken all the available parking. Dugan who drives a white and black Ford Crown Victoria, the same model many police departments use, pulled up next to McGettigan and began yelling obscenities. He told her to move the car or it would be towed. McGettigan told him there was enough room for him to drive around her car.
Dugan insisted McGettigan move her vehicle and said “I am an Upland cop and you are getting tickets.” When McGettigan asked for his identification, Dugan scream obscenities and drove away. Neighbors who witnessed the incident told McGettigan that Dugan was not a cop.
“So I called the real police,” McGettigan told police, according to court records.
In Pennsylvania, constables are elected at the municipal level to a six-year term. They serve warrants, maintain order at the polls during elections and can transport prisoners to court hearings.

Man arrested after Whitley County constable flashed www.privateofficer.com

WHITLEY COUNTY, Ky. April 16 2013 – A man in southern Kentucky is behind bars after police say he exposed himself to a fisherman who happened to be a Kentucky constable.
Whitely County Constable Ron Bowling was bass fishing on Laurel River Lake on Sunday afternoon when he says he saw Larry Wayne Osbourne, 26, expose himself and make gestures toward those he thought were just fishermen.
Bowling says he called Corbin Police, and after searching the waters, found Osbourne, still in the nude.
Osbourne was arrested and charged with indecent exposure, possession of marijuana, public intoxication, and disorderly conduct.
He is listed in the Whitley County Detention Center.

Source: WKYT

Off-duty constable fatally shoots man who fired at fiancee’s son www.privateofficer.com

PITTSBURGH PA April 12 2013 —An off-duty state constable fatally shot a Homewood man Wednesday after the man took aim at his fiancee’s 19-year-old son and refused to drop his gun, Pittsburgh police said.

The shooting happened at Leon Wilson’s home on Oakwood Street at about 3 p.m. Police said the 42-year-old man was found in an upstairs hallway and pronounced dead at the scene.

“We’ve interviewed everybody who we believe that was in the house. The constable has been interviewed and released. He has not been charged at this point. However, that’s not to say he won’t be. We’ll confer with the District Attorney’s Office to see if any charges are warranted in the case,” Lt. Kevin Kraus said.

According to police, Wilson had a domestic dispute with his 45-year-old fiancee Tuesday night, and their issues carried over to the next morning and into the afternoon.

“It escalated to a point that he pulled out a revolver, brandished it, and at that point, the woman called her daughter. She came over with her boyfriend, which is the constable. A short time later, her other son arrived at the residence,” Kraus said. “They tried to intervene to settle the dispute. They were not able to. It was determined that he would leave the residence, and while he was packing belongings to go, it escalated to the point he pulled the gun back out and shot the 19-year-old male in the shoulder.”

Police said the constable removed his gun, identified himself with his badge and ordered Wilson to drop his gun, but Wilson again fired at the teen. The constable fired at that point, striking Wilson several times and killing him, police said.

The constable is not being publicly identified while police continue to investigate. Kraus said they’re trying to determine what legal authority he has to carry a gun.

“We do believe that he is an elected, certified Pennsylvania state constable, but I can also tell you that he is not licensed by Allegheny County, by the Sheriff’s Department, to carry a firearm,” Kraus said.

As a convicted felon, Wilson was not permitted by law to possess a handgun, Kraus said. It’s unclear what crime he had been convicted of.

About 45 minutes earlier and a few blocks away, three people were shot on Brushton Avenue, near Race Street. Despite the close proximity and timing, police said they do not believe that incident is connected to what happened at Wilson’s home.

source-www.wtae.com

Alabama constable charged with theft of property www.privateofficer.com

DORA AL March 17 2013 — Dora Police arrested Walker County Constable Douglas Dewayne Lively Tuesday afternoon on charges of first-degree theft of property. Lively has been accused of stealing a two-piece wedding set and a watch that totalled approximately $4,000 in original value from his girlfriend’s sister, Lisa Defore.
Defore alleges that Lively was at her home on Morgan Road to remodel a bathroom when he took the items from her bedroom on March 6.
The items were recovered at a Sumiton pawn shop by Dora police.
Defore credited Dora Police Chief John Duchock and Officer Jared Hall for their efforts in this case.
“They went above and beyond what they had to do, what any police officer had to do, to recover my items,” Defore said. She called the wedding set her most prized possession and expressed relief at having it back.
Lively was elected Constable of Walker County Beat 13 and took the oath of office for his first term in January 2013.
He was arrested and transferred to the Walker County Jail on Tuesday with a $15,000 bond.
He bonded out on the same day.
First-degree theft of property is a Class B felony and, if convicted, carries a sentence of two to 20 years in prison and a fine not to exceed $10,000.
Read more: Daily Mountain Eagle

Las Vegas Constable John Bonaventura now faces a lawsuit for false arrest www.privateofficer.com

Las Vegas NV Feb 17 2013 Embattled Las Vegas Constable John Bonaventura now faces a lawsuit alleging he had his friend’s estranged wife unlawfully arrested and jailed.
Teresa Johnson on Friday filed the lawsuit, which said “the arrest and confinement and charging was done with malice and an evil intent, and design to vex, annoy and injure the Plaintiff.”
Johnson is seeking more than $10,000 in damages from Bonaventura and the Las Vegas Township Constable’s Office.
According to the lawsuit, on Sept. 24, 2011, Johnson and her son went to a home owned by Bonaventura in the 2900 block of East Reno Avenue to speak with her husband, Richard Johnson – a “close friend” of the constable.
Bonaventura denied Richard Johnson ever lived at any of his properties, but an affidavit signed by Richard Johnson said he was “staying” at the Reno Avenue address at time of the incident.
The Johnsons’ son yelled something at the home, and he and his mother left in a gold Lincoln Town Car, the lawsuit said.
Soon after, Johnson noticed she was being followed by a SUV with emergency lights flashing.
When she pulled over, Bonaventura, wearing a white T-shirt and plaid shorts and holding a metal object, approached her car, the lawsuit said.
He did not identify himself as a law enforcement officer or show a badge, she said.
Johnson drove off in fear.
As she fled, Bonaventura continued to pursue her. He pulled up alongside her. When she told him she had called 911, he drove away, according to the lawsuit.
She found a Nevada Highway Patrol trooper and later filed an incident report with the Metropolitan Police Department, “believing defendant Bonaventura was impersonating a law enforcement officer.”
The Review-Journal was not able to obtain that report late Friday.
The following day, her husband asked her to “drop everything” against Bonaventura, she said.
Two days later, the constable filed a declaration of arrest for Teresa Johnson for eluding a police officer and reckless driving.
According to that report, Bonaventura said a young man yelled profanities at him and a woman threw eggs at his “patrol vehicle.”
Richard Johnson signed an affidavit stating, “I was not told by John that my wife had thrown eggs. I also know for a fact that there were no eggs on the vehicle or the driveway. I never heard this mentioned until my wife received a copy of John’s complaint.”
Bonaventura said he followed the Town Car because “due to recent acts of intimidation and vandalism against the property and occupants, and my position as the Las Vegas Constable, I felt it prudent to identify the occupants of the vehicle.”
Teresa Johnson noted Bonaventura had sold the car to the couple years ago.
In the declaration of arrest, Bonaventura said he recognized Johnson and her son after the initial traffic stop. But the car sped off, traveling in excess of 70 mph and ran a red light at Eastern and Tropicana avenues.
He said he then stopped his pursuit.
Bonaventura had two of his deputies arrest Johnson at her job the day he signed the declaration of arrest.
She was booked and held for two days at the Clark County Detention Center, but the district attorney’s office dropped the charge of eluding a police officer. However, a criminal case was filed for reckless driving.
Court records show that case was dropped Nov. 27 when neither Bonaventura nor his officers appeared for the trial.
Bonaventura said that he was unable to attend her trial and the two officers who arrested her now work for the Henderson constable’s office.
In an email to the Review-Journal, Bonaventura said, “Look at the family court records between Richard Johnson and Teresa Johnson you will see they’ve been fighting for years. This is an ongoing battle that nobody wants to be in the middle of. I think they should work out their problems or just get divorced already!”
Online Family Court records do not show a case between Richard and Teresa Johnson.
The lawsuit filed by Teresa Johnson indicates the couple are separated and living apart.
Since elected in 2010, Bonaventura has come under fire for a variety of reasons, ranging from a foray into reality television to hiring deputies with questionable backgrounds.
Arrested Tuesday on drunken driving charges while using a constable vehicle, he contended the arrest was a setup by county officials who want to abolish his office.

source-las vegas review-journal

Bullitt County KY constable charged with drug trafficking www.privateofficer.com

Bullitt County KY Dec 17 2012 Sheriff’s officials said Saturday they are still conducting an investigation following the arrest of a Bullitt County constable on charges of drug trafficking.
Constable Clifton Hudson, 43, was arrested Friday evening after undercover sheriff’s officers purchased prescription pain pills from Hudson, according to Chief Deputy John Cottrell.
After obtaining a search warrant to check his home, Cottrell said officers found additional narcotic pills and marijuana. Hudson was arrested and lodged in the Bullitt County Jail on charges of trafficking in a controlled substance and possession of drug paraphernalia.
Hudson, of Mount Washington, was elected as a constable in 2010.
Constables are elected officers required by the Kentucky Constitution but are not given specific duties. They have peace officer powers, including the right to arrest. Constables aren’t required to have training or certification, as police and sheriff’s deputies are.
There were 509 constables serving in 2011, according to state officials.
The office most recently came under public scrutiny when Jefferson County Constable David Whitlock was convicted of shooting a suspected shoplifter in a Walmart parking lot in November 2011. In his Alford plea, where he did not admit guilt but acknowledged there was enough evidence to convict him, Whitlock agreed to resign from his constable’s position.
In November, Kentucky’s Justice and Public Safety Cabinet released a report that found that Kentucky’s elected constables are an antiquated and irrelevant arm of law enforcement who are poorly trained and unregulated.

source-courier-journal.com

Alabama constable discovers meth lab at local post office www.privateofficer.com

CHUNCHULA, Alabama –Dec 7 2012 A bizarre occurrence at the Chunchula post office Tuesday night. An Alabama State Constable went inside to check his mail, and stumbled upon a makeshift meth lab.

“When I opened the door, a strong ammonia odor hit me,” said Constable Eugene Aucoin. “I tried to ask them what they were up to, and they stood up and immediately tried to go toward to the door.” Aucoin was able to detain the teenage suspect, but an older man fled the scene.

“I guess the individuals just thought it was a good spot,” said Joe Mahoney with the Mobile County Sheriff’s Office. “It was a well-lit building that they could go inside and cook their meth.” News 5 caught up with Chunchula resident Cindy Taylor at the office, who says meth is a problem in this small town.

“It is, and it’s just due to the fact that they just let them walk out of that courthouse down there and do nothing to them.” Unfortunately, most residents we spoke with weren’t surprised either, but it still makes them nervous. “Especially in a local place like this, where a lot of people come around, very bad,” said April Edmunds.

Postal Inspector Robert Gechijian says they won’t let these criminals ruin it for the rest of the community. The doors that lead to the front counter are always locked at night, but they’ll most likely keep the doors to the post boxes open, despite what happened on Tuesday. “The lab was picked up, cleaned up, and the place was cleared,” said Gechijian. “This was not an ongoing situation inside the post office, this appears to be some kids passing by, saw there was a light on in the box lobby out front, and decided to do what they do.” The sheriff’s office says the suspect who got away has several prior charges, including meth arrests.
Source:WREG.com

Louisiana Constable Killed in “On-Duty” Crash www.privateofficer.com

KINDER, LA Dec 7 2012

An Oberlin man was killed in a Wednesday morning crash, according to Louisiana State Police, Troop D.

Troopers say shortly before 10 a.m. Wednesday, authorities responded to a single vehicle crash on U.S. Highway 165, about two miles north of Kinder in Allen Parish.

Troopers say that a preliminary investigation revealed that a 2004 Ford Crown Victoria, driven by 78-year-old John D. Manuel, was traveling south on U.S. 165 when, for unknown reasons, the vehicle he was driving ran off the right side of the road then struck two trees.

Manuel served as the Allen Parish Constable and was on-duty at the time of the crash, troopers say.

According to troopers, Manuel, who was not wearing a seatbelt, was pronounced dead at the scene by the Allen Parish Coroner’s Office.
A routine toxicology sample was obtained from Manuel and will be submitted for analysis. The crash remains under investigation.

Source: KPLC

Former Jefferson Co. KY Constable receives sentence in shoplifter shooting www.privateofficer.com

 

 

LOUISVILLE, KY. Dec 2 2012 – A former Jefferson County Constable who shot a suspected shoplifter at Walmart received his sentence Friday morning.

David Whitlock’s attorney presented Whitlock’s resignation letter as constable to the judge.  That was part of his plea deal last month where he pleaded guilty to charges of assault and wanton endangerment.  He will not serve any time in jail if he completes one year diversion program.

The shooting happened in the parking lot of the Walmart on Raggard Road on November 2 of 2011. That’s when Whitlock told police he tried to stop an alleged shoplifter as she was driving away, but she ran over his foot. Whitlock said he drew his weapon and fired one shot that struck the woman in the arm.

Whitlock said on Friday, “Glad it’s over, it’s been a rough year.”

Prosecutor Tom Van De Rostyne pointed out, “If he violates the terms or conditions of the diversion in any manner, a motion could be filed at that time.  The court could remove him, he could either be probated or sent to penitentiary to serve a five-year sentence.”

Brian Butler, Whitlock’s attorney says, “He wants to move on with his life at this point, find a job to support his family. He’s just glad to have this behind him.”

Next month, a hearing will be held to determine how much restitution Whitlock should pay to the victim.

Source:WDRB

Warren County KY rescinds blue light authority for constables www.privateofficer.com

 

Warren County KY Nov 11 2012 Warren County Fiscal Court unanimously approved a resolution today to rescind a previous resolution that allowed elected constables in Warren County to use blue lights on their vehicles.

The resolution directs every constable to immediately remove blue lights from their vehicles and also notes that the use of sirens on those vehicles was never authorized by Fiscal Court.

Today’s measure came following a meeting Thursday involving Warren County Judge-Executive Mike Buchanon, Warren County Attorney Amy Milliken, Warren County Constables Association President Rick Bruce and other officials.

Reached this morning, Bruce confirmed that Thursday’s meeting occurred, but declined to go into detail about what was discussed. Bruce characterized the gathering as a “closed meeting.”

Bruce said that he opposed the Fiscal Court’s resolution.

“I just hope the constables can continue to serve Warren County as we have in the past,” said Bruce, who serves as District 4 constable.

In 2004, Fiscal Court passed a resolution allowing constables to equip their vehicles with blue lights, Buchanon said after the meeting.

He said today that rescinding the right of constables to use blue lights was recommended by the county attorney, commonwealth’s attorney and the Kentucky Association of Counties, which provides insurance to the county.

The basic concern is a risk of liability for the county if blue lights are used inappropriately by constables and deputies if they are not adequately trained, Buchanon said after the meeting.

Constables should immediately stop using blue lights and have 30 days to remove them from their vehicles, he said.

Milliken said the resolution was unrelated to Thursday’s announcement that a working group of the Kentucky Law Enforcement Council had determined that the position of constable, an office established by the Kentucky Constitution, is not essential.

“We had no idea that was coming out,” she said.

She said she has been looking into the constable position since former District 2 Constable Charles Russell ran into legal problems and was replaced by Brandon Bradshaw. Bradshaw was appointed to the position in April but was defeated in Tuesday’s election by Cedric Burnam.

Rescinding the resolution that allows constables to use blue lights removes liability for the county because Fiscal Court will no longer be linked to constables’ actions, Milliken said.

Kentucky Constables Office May Be Abolished www.privateofficer.com

FRANKFORT, Ky.Nov 10 2012- The Kentucky Law Enforcement Council is recommending the state do away with constables, but constables say they should be allowed to continue serving the public. The council’s recommendation is the result of what officials are calling the first “scientific” study of constables in Kentucky. They say the results are telling.

“Constables in Kentucky accounted for 0.02 percent of the law enforcement activity in the state,” said Justice Cabinet Secretary J. Michael Brown.

The report suggests that constables have outlived their usefulness in modern law enforcement, but the ones we talked to say that just is not the case. Samuel caldwell has been a constable inLeslie County for 16 years, and believes his position is an asset to the community.

“Say a deputy or state police or sheriff is in the far end of the county and then something happens back here, if there’s a constable around, we can take care of it,” he said.

Constables in Kentucky are not held to the same training standards as other members of law enforcement. Officials say constables could potentially be doing more harm than good.

“If they are just out on their own patrolling and doing that sort of thing and they don’t have the training and the background, that creates a danger to themselves, to the public, to their counties,” Brown said.

Constables we talked to dismiss those concerns. They say they are not abandoning their posts any time soon.

“I’m still going to do my job as long as people elect me to do it, I’m going to do it,” said Caldwell.

It is not clear at this point what, if any, action the state will take on the council’s recommendation.

Officials say Kentucky has had trouble with constables in recent years, including a constable inLouisville that shot at a woman in a Walmart parking lot in 2011.

Source:  WYMT

Pennsylvania Constables use dwindles www.privateofficer.com

SOMERSET COUNTY PA OCT 31 2012 — It’s a high-risk, low-reward position without insurance, benefits, workers compensation or even a guaranteed paycheck.

This is the life of a Pennsylvania state constable, a six-year elected municipal position. As officers of the municipal courts, they are members of the executive branch of government and therefore directly answerable to the governor of Pennsylvania.

It’s not the typical government job. And according to constable Sam Allison of Johnstown, it is among the most dangerous.

“Can it turn ugly real quickly? Absolutely,” Allison said. “We’ve had people go off the deep end in the (magistrate’s) office. We’ve had people go off the deep end on the street. I’ve (known) constables who had guns pulled on them — who were shot at or stabbed.

“These are the things you don’t see publicized. It’s not a job for people who think it’s going to be a cakewalk.”

And in some places — notably Somerset County — it isn’t much of a job at all.

‘Independent contractors’

According to Senior District Judge Joseph Cannoni in Windber, constables play a unique and often misunderstood role in the commonwealth. They are able to serve eviction notices and subpoenas. In many counties they transport prisoners from court to jail. They may also have deputies appointed by the magistrate to work beneath them.

Most of the time, he said, constables find work when magistrates give them warrants to serve. The constables are then able to pick up the defendants and submit a “fee bill” to the court for their services.

“They’re like independent contractors,” Cannoni said. He noted that constables are paid $25 plus mileage reimbursement for picking up an individual wanted on a warrant. “There’s a lot of stuff they can charge.”

Magistrates are tasked with reviewing and signing off on fee bills, which are then sent to the county. Constables are to be paid within two weeks of their services.

Cannoni said that although the defendants are supposed to pay this fee, they often do not. This means that the county has to foot the bill until — or if — it is reimbursed by the accused.

For this reason, he said, Somerset County has relied on the state and local police departments to do most of the things within the constables’ jurisdiction.

“That’s just the way it was always done,” Cannoni said. “The cost to the county can be really high.”

He added he has a lot of respect for the good constables whom he’s dealt with over the years from both Somerset County and Johnstown. Constables, by law, are able to serve warrants anywhere in the state.

“There’s definitely a use for them,” Cannoni said. “(And) they deserve to get paid for the work they do.

“It’s not for everybody, either. You’re not technically a police officer, but you do have some arrest powers. You’ve got to be a special person.”

District Judge Douglas McCall Bell in Meyersdale said he believes the constable is a holdover from the old English common law system, when roving police patrols weren’t yet employed by society.

“It was up to the citizenry” to file charges, he said, adding that he believes constables can still “carry on and be effective in the modern world.” He regularly employs the service of three active constables in the southern portion of the county.

Bell noted that these officials are used much more in other counties.

“It’s a cash flow problem,” he said. “It’s always a matter of priorities. The most important things get the most attention.”

Each township and borough in the commonwealth has a constable position. This means thatSomerset County could have a total of 50.

According to the website for the Pennsylvania Commission on Crime and Delinquency, there are just five certified constables in the county. Only three of them are up-to-date with firearms training: Scott Boyer, Kevin Mathias and Daniel Lewis.

‘Budgetary issues’

Boyer, who lives in Somerset, has done everything he’s needed to do.

He has completed 40 hours of basic training and 40 hours in basic firearms courses. He has paid his annual liability insurance, which costs approximately $400. And he has purchased his equipment: gun, duty belt, pepper spray, handcuffs, shackles, baton, flashlights, uniforms and bulletproof vest. He did not have a cage installed in his vehicle, which is mandatory in come counties including Cambria.

Aside from a few domestic protection calls for divorce cases, Boyer has done virtually nothing as a constable since being elected in 2009.

“If they want me, I’m here to do it,” he said.

Boyer is a full-time realtor with a law enforcement background. He was a Maryland State Police cadet and studied criminology in college. He said he wanted to make a difference as a constable.

“I was a little disappointed after being elected,” he said, adding that he has not served a single warrant for District Judge Ken Johnson in Somerset. “They’re having the sheriff’s department do more of the work that was designed for the constables.”

“They’re not giving any work to the locally elected constables. (But) I’m not protesting or calling anybody to complain about it.”

He said he has invested more than $2,900 in mandatory equipment. Constables are not reimbursed for these expenses.

Although the constable workload is determined by the magistrates, their budget is set by the county. Somerset County Commissioner Pamela Tokar-Ickes said she understands that constables are more active in other areas.

“They really aren’t (used much),” she said.

“I know some counties do routinely rely on the constables. It is within the jurisdiction of the courts.”

According to Tokar-Ickes, Somerset County has made a $9,500 constable line item in its budget since at least 2009. The county spent a total of $5,925 in 2009, $4,559 in 2010 and $3,164 in 2011. More than $5,800 has been spent thus far in 2012.

She noted that the district judges have consistently utilized only half of this amount and have not asked for more money for constables.

“It looks like it has been levelly funded for quite some time,” Tokar-Ickes said. “They haven’t used the entire allocation.”

Former commissioner and current county court administrator Brad Cober said constables have never played a large role in the Somerset region.

“We use the sheriff’s deputies to do all our transports,” he said. “I’m sure budgetary issues are a part of it. We’ve not had a lot of use of constables over the years.”

Sidelining the county’s few constables has meant a bigger role for police forces.

‘It’s a routine’

Somerset Borough police Chief Randy Cox remembers a much different experience with constables from when he started his career in Westmoreland County.

“They were quite active,” he said. “They maintained a central office in the county. As their cost factors added up to the county there was a transition of moving away from the constables.”

“I think that is one of the reasons (Somerset County) chooses to rely on police officers — because we don’t charge a fee,” he added.

Without constables to do the transports, police take prisoners to jail. Cox said this means officers are off their beat for a short period of time.

“Once a police officer takes a person into his custody, the care of that individual becomes their legal and moral responsibility,” he said. “The officer can’t take him with him to answer another call.”

According to Cox, this is something they try to account for when scheduling. He did not offer an opinion about the practice of using police for prison transports.

“It’s a routine (situation),” he said. “We handle it in a routine fashion. It impacts us on at least a weekly, if not daily, basis.”

Allison — who first became a constable in 1962 before serving in Vietnam — has a strong opinion on this practice. He said the Johnstown police force protested when Cambria County wanted to begin this policy several years ago.

“You lose a unit on the street,” he said. “You’re wide open. They should utilize their constables.”

According to Allison, the counties of Cambria, Allegheny, Indiana, Westmoreland and Blair handle things much differently.

“They’re notorious,” he said of Somerset County. “They try not to use the constable any more than they have to.”

Overall, however, constables are becoming more rare across the state. According to Allison, their number in Cambria County has shrunk from 104 in 1994 to 24 today. He is one of only two in the City of Johnstown, which has 21 positions available.

Allison insisted that the same workload is being done by a concentrated few.

“There’s more work being done by (less) members,” he said, adding that a constable can earn between $35,000 and $50,000 annually if he works hard and is willing to travel.

According to Allison, local municipalities would be better served if district judges made an effort to put people like him to work on a more consistent basis.

“Somerset County, as far as I’m concerned, is completely out of whack,” he said. “Its never changed. The county doesn’t want to pay.”

Source-Daily American

Pennsylvania constable sues over traffic ticket www.privateofficer.com

 

Reserve PA Oct 28 2012 A constable from Reserve sued a police officer from that township Friday, claiming that an arrest a year ago was retaliation for complaints.

Constable William Crowell, 44, claimed in the lawsuit in U.S. District Court that he had complained to Reserve’s chief of police about unspecified conduct by Officer Brian Dourlain.

The officer then charged the constable with fleeing or eluding an officer, reckless driving and other traffic violations. The charges were dismissed.

According to the lawsuit filed by attorney Timothy O’Brien, the charges were retaliation and violated Mr. Crowell’s free speech rights. They also made it hard for Mr. Crowell to find work as a constable for area district judges, and caused him emotional distress, it said. Mr. Crowell wants compensation.

Officer Dourlain said he was “just an officer out doing his job, and sometimes you end up in court.”

source-www.post-gazette.com

KY constable faces charges after pulling vehicle over www.privateofficer.com

 

 

MAYFIELD, Ky. Sept 23 2012 (AP) — A western Kentucky constable has been arrested after deputies say he went too far in trying to pull a vehicle over.

WPSD-TV (http://bit.ly/P3h6GC) reports Graves County Constable Jeffery Burnett was charged with four counts of wanton endangerment after allegedly chasing a vehicle along a highway, shining a bright light at it, and then passing it and slamming on his brakes to force the vehicle to stop.

Graves County Chief Deputy Davant Ramage said Burnett’s alleged actions were dangerous.

“It diminishes public trust in who’s out there at night, who’s trying to stop them with what’s going on,” Ramage said. “We could’ve had four people seriously injured or even killed.”

Ramage said a woman, her mother and her two children were on their way home from a ballgame Friday night when the incident happened.

Burnett declined to comment to the station about the charges, but he told investigators he was trying to stop the car because it crossed the center line of the highway.

Ramage’s office said constables are allowed to make traffic stops in Kentucky, but the way this one was allegedly conducted crossed a line.

He said a conviction would mean Burnett couldn’t serve as a constable anymore.

KY constable refuses plea deal-goes to trial for shooting shoplifter www.privateofficer.com

 

LOUISVILLE KY Sept 15 2012 - David Whitlock, the Jefferson County Constable accused of shooting a suspected shoplifter at a Wal-Mart store in Pleasure Ridge Park last November, was back in front of a judge for a pre-trial conference.

Whitlock passed on a plea deal offered to him by the Commonwealth’s Attorney’s office late in August. He said that he was innocent and wants to face a jury trial. The first step in that process began on Tuesday as Whitlock appeared before Judge Brian Edwards.

Whitlock is charged with assault second degree and first degree wanton endangerment after shooting Tammie Ortiz during a confrontation outside of the store in the 7100 block of Raggard Road on November 2, 2011. Had he accepted the plea deal offered to him, Whitlock would have had to plead guilty to assault under extreme emotional disturbance. Although he would have avoided any jail time, Whitlock would have been placed in a diversion program.

But taking the plea deal meant Whitlock would also lose his position as a Jefferson County Constable. Whitlock refused the offer saying that he wants to put his case before a jury.

“We had advised him that it was a good offer,” said Brian Butler, Whitlock’s attorney. “Obviously, he has to evaluate what’s best for him, he’s done that, he’s put a lot of thought into it, we’ve had a lot of meetings and he’s decided the best thing for him and his family is to try the case and I respect that decision.”

In the meantime, Whitlock remains a constable. Butler couldn’t say whether or not that’s the reason he decided to take his chances with a jury trial and pass on the plea deal.

“I’m not aware of what the Constitutional implications of that are whether or not a felony would preclude him from doing that, but obviously it could have an impact,” said Assistant Commonwealth’s Attorney Tom Van De Rostyne. “We’re just here to try the charges, try to resolve them in a fair and just manner for everybody … the community, the victim and Mr. Whitlock.”

By passing on the deal offered to him, Whitlock now faces up to 15 years behind bars if convicted on all charges. The trial is set to begin on October 16.

Source:WAVE

Jefferson County constable charged with rape www.privateofficer.com

 

JEFFERSON COUNTY ARK Sept 1 2012 -

A constable was arrested Thursday on rape charges.

The victim, who is now 28 years old, was a juvenile at the time of the rape and recently came forward.

Jefferson County investigators talked to the victim who says Thomas Eagle raped him when he was just a boy. Eagle tried to lunge at our photographers while walking to the detention facility.

Eagle did not confess to the rape. The victim decided to come forward after Eagle reached out to him on Facebook. Investigators say there could be other alleged victims who have not come forward yet.

“Often times when you’re alleging and got a victim later on you find out when there’s an arrest made in the particular case you know a year, two months, three months, you may find other victims. We’re hoping if that’s the case the other victims do come forward,” said Major Lafeyette Wood, Jefferson County Sheriffs Office.

Eagle was being held in custody Thursday evening. His bond hearing was set for Friday.

Source:KATV.com

Pennsylvania constable arrested for “shaking down”Amish www.privateofficer.com

 

NEW CASTLE, Pa.Aug 31 2012 – State police say a western Pennsylvania constable has stolen nearly $2,500 from Amish families by convincing them to pay cash “fines” for broken school windows that actually cost just $92 to repair.

Online court records don’t list an attorney for 63-year-old New Sewickley constable Glenn Young Jr. His home phone was disconnected Wednesday, when he was arraigned on charges of theft by deception, official oppression and impersonating a public servant.

Troopers say Young contacted Amish leaders after some windows were broken at Indian Run School in October during a gathering that included some Amish youths. Young claimed to be investigating the vandalism and began stopping Amish buggies, which he would search for contraband, while also threatening to jail the youths if their families didn’t pay him fines.

State police say the Amish had already paid for the windows.

Harris County deputy constable in shootout during traffic stop www.privateofficer.com

 

Harris County TX Aug 19 2012 A Harris County deputy constable opened fire in a shootout with a man during a traffic stop in northwest Houston Friday morning.

The gunfire erupted about 8:50 a.m. in the 4600 block of Laureldale, according to the Houston Police Department.

No injuries were reported.

The shots were fired after a deputy constable with the Harris County Precinct 5 Constable’s Office stopped a red pick up for a traffic violation, said Jodi Silva, a spokesman for the Houston Police Department.

Silva said the driver got out of the pickup, walked back to the squad car and opened fire at the deputy constable. Fearing for his safety, the deputy constable returned fire. Bullets hit the squad car. The truck also had bullet holes in it, but police said it was unclear if they came from the shootout.

The suspect got back into his truck and drove away after the shooting. The deputy constable chased him. The man and a woman who was a passenger in the truck abandoned the pickup after a brief pursuit.

The man, whose name has not been released, was taken into custody a short time later near the 2800 block of Teague.

Silva said police are looking for the woman, who is considered a witness in the case.

Constable Todd Page found dead in his garage www.privateofficer.com

 

Potter County TX August 15 2012  Precinct 1 Constable Todd Page was found dead in his garage Monday afternoon, authorities said. Page was 40 years old.

Officials would not give a cause of death Monday, but said they do not suspect foul play or suicide.

Amarillo police were called shortly after noon to Page’s home in the 2800 block of Bowie Street, Cpl. Jerry Neufeld said. Officers found Page’s body in a chair, Neufeld said.

Potter County Justice of the Peace Debbie Horn pronounced Page dead at 12:18 p.m. and ordered an autopsy, she said.

Some of Page’s friends had seen him Friday night, authorities said. A man at Page’s home declined to comment on Page’s death Monday afternoon.

Potter County Commissioner H.R. Kelly said Page was a straightforward, outspoken person who took his job seriously.

“He was pretty passionate about his position and I think he worked at it,” Kelly said. “I think he was (dedicated) and was somebody that wanted to do what the county expected of him.”

Page was one of two active constables in Potter County, Kelly said, referring to constables who perform the regular duties of the office rather than vacate the office when elected. Page won the 2004 Precinct 1 constable election as a write-in candidate who told voters he would serve as an active constable.

“My thoughts and prayers go out to the family,” Kelly said.

Commissioners will decide whether to fill Page’s position at a later time, Kelly said. When Precinct 4 Constable Leon “Bubba” Smith died in January 2011, commissioners opted not to replace his position before the next election.

Page was running unopposed in the November general election.

Source:amarillo.com

Three people including Texas constable killed in mass shooting www.privateofficer.com

 

College Station TX Aug 14 2012 Three people, including a police officer and the suspected gunman, are dead following a shooting near the Texas A&M campus in College Station on Monday, police and university officials say. Four others, including three police officers and a female civilian, were wounded.

According to the College Station Police Department, the gunman was shot and taken into custody. The gunman later died, a police spokesman told the Dallas Morning News’ crime blog. A male civilian also died in the “gunfight,” police said.

The shooting began when an officer attempted to serve an eviction notice, according to WFAA-TV. That officer, Brian Bachmann, a 41-year-old Brazos County constable, was fatally wounded in the shooting, which occurred shortly after noon about a block away from campus.

“It appears that the shooter [was] shooting from a house with automatic weapons,” KBTX-TV said.

The other wounded officers are being treated for non-life-threatening injuries, the police spokesman said. The female civilian underwent surgery Monday; her condition was not released.

Texas A&M issued an alert on its website just before 12:30 p.m. local time on Monday warning of an active shooter near Kyle Field, the campus football stadium.

The shooting occurred near Highlands and Fidelity Streets in College Station, just south of George Bush Drive and east of the George Bush Presidential Library and Museum.

Monday’s shooting comes a little more than a week after seven people, including the suspected gunman, were killed in a mass shooting at a Sikh temple in Oak Creek, Wis., and less than a month after a gunman opened fire at Aurora, Colo., movie theater during a midnight screening of “Dark Knight Rises,” killing 12 and wounding 58.

LODD Constable Brian Bachmann

 

Constable

Brian Bachmann
Brazos County Constable’s Office – Precinct 1, Texas

End of Watch: Monday, August 13, 2012
Bio & Incident Details

Age: 41

Tour: 20 years

Badge # Not available

Cause: Gunfire

Incident Date: 8/13/2012

Weapon: Gun; Unknown type

Suspect: Shot and wounded

Constable Brian Bachmann was shot and killed while performing an eviction at a home on the 200 block of Fidelity Street in College Station at approximately 12:15 pm.

After shooting Constable Bachmann, the subject in the home began shooting out of the home, killing one civilian and wounding another. Two responding police officers from the College Station Police Department were also shot and wounded. The suspect was taken into custody approximately 30 minutes later after being shot by responding units.

Constable Bachmann had served as the elected constable of Brazos County Precinct 1 for 13 years and had served in law enforcement for a total of 20 years. He is survived by his wife and children.

Please contact the following agency to send condolences or to obtain funeral arrangements:

Sheriff Christopher Kirk

Brazos County Constable’s Office – Precinct 1

c/o Brazos County Sheriff

1700 Highway 21 West

Bryan, TX 77803

Phone: (979) 361-4900

Bell County KY Constable -wife plead guilty in theft of charitable bingo proceeds www.privateofficer.com

MIDDLESBORO, Ky.Aug 12 2012 - Bell County Constable Jesse James Hall and his wife have pleaded guilty to stealing charitable bingo proceeds.

According to the Middlesboro Daily News, Jesse and Juanita Hall pleaded guilty Thursday to all 23 counts against them. They operated the Bell County Bingo Parlor in Middlesboro, Ky.

The Halls surrendered their home to the Bell County Fair and Exhibition Board as part of the $77,741 restitution the plea agreement requires.

The couple will be probation for five years and are barred from operating charitable bingo for life.

Jesse Hall’s attorney told WYMT-TV in Hazard is client will resign from office before he is formally sentenced on Oct. 12.

Source:www.kypost.com

Prosecutors tell NJ constables: Don’t call yourselves ‘police’ www.privateofficer.com

 

Essex County NJ Aug 7 2012 Stitched in block yellow letters across the black cap Philip Fluker wears while on duty are the words ‘Police Constable.’

He designed the hat and sells it and other merchandise baring the word ‘police’ to fellow constables in his organization, the New Jersey State Fraternal Order of Constables Inc.

“It gives the criminal the knowledge that this person has power of police and if I mess with this guy I’ve attacked a peace officer,” Fluker said. “But we’re not pretending to be police.”

Two prosecutors don’t see it that way and say they are concerned the word will confuse and possibly endanger the public.

Acting Essex County Prosecutor Carolyn A. Murray and Union County Prosecutor Theodore J. Romankow have sent letters to Fluker, chief of the New Jersey constables, demanding he and other constables discontinue using the word ‘police’ on badges, shirts, hats and uniforms. Romankow has forwarded the matter to the Attorney General’s office.

“It’s dangerous for them to do that. If they represent themselves as police officers they will be arrested for impersonating a police officer,” Romankow said. “Only police are entitled to that word. It’s something they deserve, something they worked hard for. It’s a symbol of security and safety and should not be threatened by these wannabes.”

The issue has come up before. In 1992, then-Essex County Prosecutor Clifford Minor responded to inquiries about the use of the word police and found constables were entitled to use it.

“Use of the word ‘Police’ on a constable’s patch would not appear to be inherently misleading so long as the individual constable does nothing to cause members of the public to believe he is a full time regular member of an organized police force,” Minor wrote.

Murray wrote an updated letter to Fluker recently, rescinding the permissions Minor had granted.

“We value the service constables provide for the community,” Murray said in an interview. “We simply want to ensure that the public understands when they are interacting with sworn law enforcement personnel versus when they are dealing with a constable.”

In New Jersey, constables are peace officers with limited powers, including the authority to arrest offenders, deliver writs and subpoenas and provide security, among other duties. They are appointed to three-year terms by a council person in the township where they live. Each municipality can have between two and 50 constables. Private attorneys and other interests, never the town or state, pay for their services.

Fluker said the 350-plus constables in New Jersey are aware of their duties under the law. “We have state statues that govern us,” Fluker said. “We wear ‘police’ because we are in the law enforcement family.”

But it’s more of an extended family, says Wayne Fisher, director of the Police Institute at Rutgers University.

Constables go through limited training and must have a permit to carry a weapon, Fisher said. Their power of arrest, he added, is not much different from a citizen’s.

“The bottom line is they do not have the same authority as a police officer and it’s not in the public interest that they refer to themselves as police officers, Fisher said.

Fluker said he does not know of any constable who’s been arrested for wearing the word ‘police’ and until he’s presented with a law explicitly forbidding the word, he’ll continue to wear it.

“Everybody says they want citizens to help, want citizens to be involved, here are record checked, (finger) printed citizens who want to help the community. We back up police officers, we take bad guys, guns and knives off of the street,” he said. “We’re not out there playing police for attention.”

Source:NJ.com