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Tuesday, January 31, 2017

A THOROUGH AND IMPARTIAL INVESTIGATION? HARDLY

On June 4, 2016., Police Officers from the Hartford Police Department attempted to stop a reported stolen vehicle operating erratically in the Park Street area of Hartford.

The operator of the vehicle attempted to elude Police and actually struck a Hartford Police vehicle as they fled. At the time of the chase , there were also numerous radio reports that a Hartford Police Officer had been struck also. At that point the chase was on and the pursuit wound its way through surface streets in Hartford and West Hartford until the vehicle was eventually stopped on Flatbush Avenue and its occupants taken into custody.

Apparently, shortly after the chase and arrest of the occupants, Hartford Police Chief James Rovella was made aware of the occupants arrest photos, which showed injuries to the faces and head of both males. It wasn't immediately clear if the injuries were a result of the crash that ended the pursuit or other means. Based on that information, Chief Rovella began an Internal Affairs review of the arrest.

Almost immediately, the investigation was taken over by the Connecticut Chief States Attorney Kevin Kane and assigned to Litchfield County States Attorney David Shepack. These moves were apparently made to avoid any signs of impropriety or conflict of interest in the eyes of the public as to the Hartford Police investigating "their own" and conduct a thorough and impartial investigation.

Shepack eventually enlisted the aid of the Connecticut State Police Western District Major Crimes unit to supplement his Inspectors. The investigation was apparently overseen by CSP Sergeant Brian Narkiewicz, the affiant who applied for Spell's arrest. But thorough and impartial may be the furthest thing from what actually happened in the end. The investigation eventually wound on for several months, ending in the arrest of only one person, Sergeant Sean Spell from the Hartford Police Department on December 8, 2016.

After the criminal aspect was done, Chief Rovella's Internal investigation was allowed to proceed. The IAD investigation was put on hold while Shepack's investigation took place so as not to compromise the criminal investigation.

Once the IAD investigation began again, it appears to be a much more thorough review of the incident than that claimed by the State Police. The same agency that was forbidden from conducting the original investigation, actually did more to get to the truth of the incident. HPD Internal Affairs Investigators, while reviewing all of the video were drawn to one clip in particular.

It was cruiser video from a West Hartford Police dash camera from Car 22 , reportedly operated by an Officer Ed Jacovino. According to HPD sources familiar with the IAD investigation, investigators were drawn to the very beginning of the video clip. In the chaos of the chase and subsequent activity, an apparent suspect can be seen on the ground along side the crashed vehicle. If you watch the video closely at about 4 seconds in, several plain clothes police officers can be seen around the suspect. One officer is pulling his legs and feet back toward the rear of the car, while several other officers are seen kicking the handcuffed suspect around the waist, chest,  shoulders and head.

The action in the video is rather chaotic, but it doesn't appear as though the suspect is fighting back. Also, rather troubling is the audio accompanying the video. A voice is clearly heard on the video yelling "cameras, cameras" as an apparent warning to those officers with the suspect that their actions were being caught on video. A few seconds after the warning, which may have been from the wireless microphone of the officer operating West Hartford Car 22.

The suspect is stood up and walked away and then put on the ground in front of a tree, kneeling on all fours and handcuffed. That is where the Spell incident took place, the only incident that was addressed with criminal charges, although the previous incident with the kicking should have been clear to anyone that took the time to watch all of the videos.

One of the officer's identified in the video was interviewed by IAD investigators. Originally the officer denied any abusive behavior, but after several attempts , and after being given his Garrity Rights, and after being shown the video, the officer admitted that he did in fact kick the suspect several times. Again, according to sources, the officer further stated that he was upset because he was cut off several times during the pursuit, resulting in the kicks. (**NOTE- Garrity Rights are similar to Miranda rights, but the person under Garrity is compelled during Administartive proceedings to provide information. Garrity protects the employee that if they admit to any wrongdoing, it can be used against them in Administrative proceedings , but can not be used for criminal charges. To read more about Garrity, click here http://www.garrityrights.org/

I have to say that the amount of video that was provided to me after my FOI request was rather extensive. It was time consuming to take the time to sit and watch all of it, but I would think State Police investigators, if their intent was to actually conduct a thorough investigation, would have done the same thing.

Or was their intent from the start to focus in on one target, Sergeant Spell?

Only time will tell, but if the States Attorney's intent was to really ensure public confidence and trust in Police Internal investigations, they missed the mark. And justice should be the same for everyone, regardless of any political pressure to set an example.

This posting was a tough call when I received the video. In the end though I decided that even good cops can make mistakes when the adrenaline gets pumping. No suspect, no matter what their offense, should be kicked or beaten after the handcuffs go on. It is one thing to resist arrest and suffer reasonable and appropriate force to be taken into custody, it is something totally different to be subjected to force after the situation is under control and the suspect handcuffed, no matter what the crime.

I think HPD has also shown transparency in dealing with their own, and this will build more trust and confidence with the Community than the State's Investigation did.

I have to also say, that I have had the video for about a week and have spent a lot of time deciding which way to go with it. In the end, I had several Police Officers at my home at different times to view the video. They all agreed the actions in the video were wrong and should be exposed. They also said that the officer's they recognized were "good cops", but that they were taught from day one in the Police Academy, that once the cuffs go on, all other physical actions stop. One officer even said that working alongside officers engaged in abusive behavior is a liability for all police officers and they wouldn't want to be drawn into that.

Accountability and integrity is the same, whether it is for " good cops" or elected officials or for anyone we place our trust in, and I don't have the luxury of  deciding who I am going to  choose to hold accountable. The standard should be the same for all. In the end, as the saying goes, "If you don't stand for something, you stand for nothing"

Comment has been requested from both the State Police and the Litchfield County States Attorney, if and when anything is received, I will update this posting


The video of the chase was actually June 4, 2016, watch closely the lower left corner of the screen and focus on the feet of the plainclothes officers along side the dark vehicle. Also listen for the officer yelling "cameras, cameras"

50 comments:

Anonymous said...

Getting caught for this means he has done it dozens of times. I was pissed that he cut me off in traffic, so that gives a cop permission to step on someone's head? Disgusting.
Shame on you, Kevin, for defending this cop. But then again, if you criticize cops, where would your blog be?

Alyssa said...

Kevin --
That is such well-written commentary. I admire that you took the time to interview officers to be able to provide your readers with greater perspective. That is essential to maintaining trust between HPD and the community. And you're right, poor investigation by the state. That needs explaining.

But what I would also like you and others to weigh in on, was what the hell happened to the Civilian Police Review Board? A brave member, Ricardo Torres, asks for names and further investigation and he others on the board are removed?

Is this more so-called "transparency" from Rookie Nation at City Hall?? Please have your sources provide what they can. Thanks

KEVIN BROOKMAN said...

1:39PM

If I was defending the police, do you think this posting would even be posted here? I doubt very much you have seen this video exposed anywhere else yet

Anonymous said...

Kevin how in the heck does this improve police relations in the public ? This only tells me that if these cops had the nerve to do this with the cameras rolling I'd hate to see what they do to suspects when the cameras are not on and let's be real Sean Spell is a friend of yours the real reason behind you posting this is to find out why was he singled out as the sacrificial lamb!!!

KEVIN BROOKMAN said...

It improves community relations by letting people know that abusers are being held accountable by their own system. The video would have never seen the light of day if they weren't.

And yes, I would like to know why one officer, whether he is a friend of mine or not, was singled out when there were other glaring examples of bad behavior recorded. Who was pulling the strings on the investigation to ignore the total video recorded?

And Sean was already arrested so I could have withheld the video and done nothing, but eventually this would have come out, whether by me or someone else that took the time to watch all of the video.

Anonymous said...

So kevin I'm pretty sure you know the names of the officers that issued this beating while this Hoodlum was handcuffed so what should the punishment be suspension or termination and judging from what your answer will be will let me know if they are in The In Crowd!!!

KEVIN BROOKMAN said...

3:26PM,

I do know at least one name and officer's identified him as one of those in the video and he is also the officer that was given his Garrity Rights, I did not name him because I haven't seen any of the documents yet or the completed investigation.

As far as the punishment, I will leave that up to Chief Rovella. I do have to question any officer though that would think it is OK to beat or assault someone in custody, especially when they know that everything they do now is being recorded in one form or another, whether that is by dash cams or the guy standing on the curb with an I-phone. There is no place for abuse, and I know emotions were running high after the chase, especially when they were thinking that one of their fellow officers had been injured by these guys, but that is what courts are for, not cops in the streets dealing out justice.

Maybe law enforcement careers are not the best place for officers willing to beat suspects.

I will post the complete IAD report when it is completed and I get a copy of it

Anonymous said...

http://www.nbcconnecticut.com/news/local/Danbury-Police-Officer-Accused-of-Using-Excessive-Force-on-Suspect-412292633.html

Very very interesting

Anonymous said...

How long before the rest of the media is grabbing this story and the video and claiming it as their own?

Anonymous said...

Momentarily. Foley was smart and tweeted he's away for the week.....lol. Pretty coincidental.

1035 coverup said...

Foley who ? Exactly .

Anonymous said...

This appears to be the same video that's been released to the media. I don't think Kevin has any "new" video. If anyone watched it very closely (including CSP), you'd see what HPD and Kevin see's. Something just doesn't seem right.

KEVIN BROOKMAN said...

5:09PM

I never claimed it was new and I clearly stated that it was from the night of June 6,2016. With that being said, how did the State Police do nothing with it or did they even watch all of the footage. I guess we can also ask the same of the regular media. Did any of them take the time to watch the video? If so, why did no one see this? But what "doesn't seem right" ?

Anonymous said...

Personally Kevin, I think this should've been left alone. This post doesn't do anyone any favors. HPD IAD is and will handle the officers involved appropriately. Should anyone really lose their job over this? Maybe they weren't arrested because they're still on the job? Doctors and other professionals constantly make mistakes without losing their job. A suspension should suffice. Cops do not have it easy and everyone is human. The reality is, if deadly force was used one of the several times it was appropriate by one of the officers, nobody would be in this predicament. And the officers you get info from or watch video, have opinions, possibly not right or wrong, as do other officers / investigators.

Anonymous said...

What doesn't seem right is the so called experts, Highway jockeys (CSP), miss all this over the course of 6 months, yet HPD (seasoned investigators) find it in weeks.

KEVIN BROOKMAN said...

6:56PM

I am having a hard time believing your comment as factual. If you would like to send me some specific, even the name of the parties involved or a docket number, I will see what I can find out, if it exists.

Anonymous said...

Ask Officer Nelson or Gorman who were sued and lost, weren't indemnified and are paying out of pocket. Factual.

KEVIN BROOKMAN said...

8:30PM

I think you are full of B/S. Since you are insistent on character assassination through "Anonymous" postings, I kind of doubt you would have the guts to file an FOI request under your real name.And if all of these incidents happened years ago, what have you been waiting for? Why now? And if that "second" IAD file really does exit, let me know where I can get a copy of it

KEVIN BROOKMAN said...

I thought you said , or 8:30PM said , if you are not one and the same , that "There is a copy at another location. This is fact. Not fiction" Are you now saying that isn't true?

Anonymous said...

Not one in the same. I know it was destroyed. I doubt it can be recovered anywhere.

Anonymous said...

Inasmuch as you enjoy white privilege, you wouldn't know that this happens ALL THE TIME. When you see the pictures of the perps all beat up now you can just know. Of course, the official line is that they were "resisting." Just like when they say someone committed a motor vehicle infraction which is why their vehicle was stopped and drugs were found. This is "code" for we had no probable cause, so we made one up. Wake up.

Anonymous said...

BROOKMAN: I give you credit for your having already posted before about how SEAN SPELL is your friend. Taking that into consideration we must all consider that YOU ARE INDEED BIASED and most of us who read your blog can attest to your kissing up to HPD and Chief Rovella. But regardless of that fact you cant tell me that the Sgt Spell's KICK, STOMP (or whatever strike) of a subdued and handcuffed subject was an appropriate application of force under the circumstances. Read Item# 22 of the arrest warrant, it states: "The only officers to describe Diaz's post-arrest actions as uncooperative and spitting are previously described within this affidavit."In contrast,civilian medic Jordan Bell describes Diaz as kneeling quietly when she arrived to attend his injuries" What State Police Sergeant Narkewicz is telling us is out of countless officers interviewed (15 West Hartford PD, State Troopers, 15 HPD) the only officers to describe Diaz as uncooperative and spitting were HPD officers...SHAMEFUL!! As to TRANSPARENCY the 2011 MARKUM ADVISORY GROUP already noted in page 10 of their report: "THE NECESSARY TRANSPARENCY OF THE DISCIPLINARY PROCESS IS LACKING" When LT Davis ran IAD things began to move in the right direction. The current command leaves a lot to be desired...I'm sure you wont post this Brookman. SURPRISE ME!!

Anonymous said...

Right!!! Go get back to your anti police and BLM protests.

Kozi said...

@ 2:28 PM and numerous other posts...please STOP using the word OBTUSE. It's annoying. I get you're a fan of the the movie, Shawshank Redemption but use a synonym already!!

Anonymous said...

OBTUSE

OBTUSE

OBTUSE

Marty said...

Marty said;

Kozi, careful some "anonymous" tough guy is going to call you out...

Christopher Lyons retired HPD said...

Anonymous character assassination really adds up to a bunch of nothing. If people posting on this blog don't have the balls to identify themselves then shame on them.It's cowardly and is shameful that anyone wearing the uniform of the Hartford Police Department would resort to anonymous negative posts.

Chief Foley isn't perfect but who fits that mold? At least he has the courage to stand out when other shy away from public comment. He is the voice and face of the department and odes a fine job there.

As for anonymous critics when the light goes on they scurry away.

Anonymous said...

http://www.courant.com/breaking-news/hc-craigslist-killing-sentencing-0202-20170201-story.html

49 years.....about time! I remember not long ago a commentator was making reckless blog comments about this case and the investigator's. More sh** talk by zero's.

KEVIN BROOKMAN said...

12:08pm

Do you think about these comments before you type them? If I were actually enjoying my "white privledge", would I be posting what I do. I think I would be keeping my mouth shut and enjoying my privledge instead of exposing problems.

And why must every thing be about race? Are you afraid if we actually work on removing the racial divide you will have nothing to complain about? Maybe you might try to make your arguments about right and wrong as opposed to race baiting

Anonymous said...

Will, you were terminated for a reason, don't forget that. You should've never been hired to begin with.

KEVIN BROOKMAN said...

You may notice that several comments regarding Deputy Chief Foley have been removed. Although some of the details were accurate, after spending a large amount of time today trying to verify details that were posted, I determined that the majority of the comments were not actually factual. There does not appear to be any connection between any of the attorneys mentioned and Chief Foley. The subjects attorney on the criminal aspect was Kristen Marcroft and I spoke with her tonight and she flatly denied the circumstances posted. She also aid that she personally referred the civil aspect of the case to an Attorney VanDyke from West Hartford and that referral had nothing to do with Chief Foley or anyone personally connected to him. Attorney Marcroft also advised me that her interaction with Chief Foley was his assistance to her in guiding her through the IAD complaint process. I will be meeting with Atty. Marcroft when she returns from A Florida trip next week. I do appreciate her taking the time to call me from Florida to give me important details Also, to the person who posted the comment regarding Rocky Hill, many of your details were inaccurate, I have already looked into that an had former Chief Daryl Roberts relate details to me that were much different than your version.

You may not like that I removed the comments, but the truth matters to me, and family members should be off limits, especially when the details don't appear to be completely accurate

Anonymous said...

Mr Brookman, why have we never seen the finished IA from the Lou Crabtree? He steals 200,000 dollars worth of ammo and and the investigation is allowed to be swept under the ia rug. I'm actually disapointed you never pursued it.

KEVIN BROOKMAN said...

how would you know what I have done to pursue it? Would you like me to help you file an FOI request on your own?

Anonymous said...

Let crabs live and leave him alone. He's long gone.

Bill Katz said...

I am the first one to be critical of over reach of police. But here is a case in which this criminal put so many people in harm's way. Adrenalin was up. I know that it is poor policing to kick a man when he is down and in handcuffs. I just refuse to make this creep a poster boy for over zealous policing. The guy deserved whatever he got. The crime was the officer getting caught on video. In this case, I don't have much good to say about the officer who slammed his head down. It will cost they city dearly and the creep will walk away a near wealthy man. At least more money then he ever could dream having. Where is the Justice?

Anonymous said...

Kevin, Four homicides and a man shot 7 times last night on Barbour St, another near homicide. HPD seems pretty quiet, do you or anyone know what steps are being taken to stop this spat of violence? The mayor has been very outspoken against Trump and advocating a sanctuary city, is he even aware of shootings and murders?

KEVIN BROOKMAN said...

I doubt he can hear the gunfire from his house. Do you remember during the campaign when Bronin and Segarra made a big deal visiting homicide scenes and claiming they met with the victim's families? And where are the promised 70 police officers Bronin was going to hire if he got elected? Let's continue to play games with Public Safety, the bodies are stacking up quickly during what is normally a quiet time of the year. Imagine what the summer is going to be like.

Anonymous said...

Nothing changes with politicians. I haven't seen Bronin remotely concerned about any of these recent homicides, let alone seen him at a scene. Yet Luke and Sarah continue to bash our president via twitter. If they spent a fraction of the time being concerned with the violence in the city rather than the time they put into bashing trump and promoting their left wing liberal garbage, there's a good possibility crime would be addressed.

KEVIN BROOKMAN said...

5;09PM

Unfortunately we all have a front row seat now to the worst of our democracy and the political partisanship. Someone wins and someones loses , end of the story for four years. Bronin's candidate lost and now it is time to tear down the winning candidate to make their effort complete. What Bronin and others need to realize that in our current financial mess, we need Washington and President Trump a lot more than President Trump needs a whining Luke Bronin.

What Democrats also need to realize is that President Trump's win was the result of huge discontent across this Country with our politicians. It didn't happen because of Bridgeport or Hartford and liberals, it happened because of the heartland of our Country, and conservative voters. The Democrats would be wise to mentor and develop good candidates for the next go around, and that isn't running Hillary again, but my gut tells me they probably will because we all know the White House was hers and she was entitled to it, and she believed that right up until the polls closed on election day.

Was Donald Trump the best candidate, maybe not, but he resonated with voters because he wasn't a politician

Now Serving #5 said...

This looks like it is not going to be a good year. No contract, a dwindling police force, a Mayor that doesn't support police and number 5 about to be on the books........

Anonymous said...

Mayor Bronin is more concerned with shutting down the Civilian Police Review Board for doing their job and asking for the identity of the 19 officers who refused to cooperate with the State Police investigation. Now its out on video for all to CLEARLY SEE why those HPD officers refused cooperate with the investigation. It was much more that Sean Spell doing the stomping that evening. SHAMEFUL!!

Anonymous said...

Your clueless. They're entitled to fifth amendment rights just as you or anyone is. All officers that used force did cooperate, not that they even had to. Get a clue regarding garrity and administrative investigations and criminal investigations. Civilian review board should get a clue also or get some training, just because one member was security guard at a mental health hospital doesn't mean he knows police procedure. They looked like a circus.

Anonymous said...

Yes, there is NO DOUBT that those officers had a right under the 5th amendment to stay silent. But it sure does not make it morally right. I'm sure administratively some officers may be compelled to answer with Garrity warnings. By the way, among the credentials listed for the board member with law enforcement background you will find: State of Connecticut Police Officer Standards and Training Council(POST)POLICE INSTRUCTOR CERTIFICATION #1428. Having met the criteria, established by the P.O.S.T. Council Regulations Section 7-294e-7 through 7-294e-13, to instruct police officers in areas 306A, 306B & 306C along with Connecticut P.O.S.T. ARREST & CONTROL INSTRUCTOR now known as L.O.C.K.U.P.

Anonymous said...

.......And patrolled the mean hallways of CT's mental institutions, never once dealing with real urban crime and criminals, never making a gun or drug arrest or being involved in a pursuit......please Ricardo.

Anonymous said...

"Does not make it Morally right" Ricardo??? That's very easy for you to say, never having been in a real life use of force situation against a real
life criminal. (Real) Officers across the country are constantly persecuted for any type of force, especially deadly force. Officers and the public have seen the scrutiny officers have been put under. They wrote their reports, that's sufficient. Not all (real) officers had the luxury you had to never have to fight with a convicted felon, have a gun or weapon pulled on you, suffered injury during the course of an arrest. "Some officers may be compelled to answer with garrity warnings?" Wrong, every officer involved was compelled to answer questions administratively. I believe it is good to have someone with your on paper experience on the CPRB. Just don't act like your some seasoned experienced street cop that knows everything when you are not even remotely close to that. You were a DMHAS officer. Many of the retired HPD officers that now work for DMHAS have described their nice retirement job as doing absolutely nothing, like being a high paid security guard without the danger. Fact is, a Hartford officer with 3 months on the street, has done and seen more than you did in your 26 year DMHAS career. I don't doubt that you received some training including LOCKUP, which by the way, has been pretty much completely disregarded by CT PD's. Do not take this as an insult as it is not intended that way, and thank you for your service.

Anonymous said...

Free Spell

Bill Katz said...

Kevin;

I am all but shocked that you would be truthful about the worth of a Trump presidency. Thank you for being thoughtful and honest because I knew you supported him. Now we have him and he is the most ill-equipped person perhaps ever to hold the office. He rants like a ten year old girl on Twitter when he doesn't get his way. He really is dangerous. I suspect that he will either quit the office or security forces will remove him because he is a major risk for our country. I totally agree that the Democratic Party lost its bearings. They lost and didn't listen to the needs of the people. Trump wasn't or isn't the answer. He thinks he is still the star on his reality TV show. Being president is not a TV drama.

Anonymous said...

Trump is exactly what this country needed to show the world that a white man with a ton of money can do no wrong and damn near start a nuclear war if someone gives him a dirty look we are in the Brady Bellicheat era where do as I say not as I do morale integrity and honor aren't even in the equation
Just power by any means necessary

KEVIN BROOKMAN said...

3:30pm

A white man with a ton of money, isn't that how we got our last Mayor in Hartford ?or does that only work against REPUBLICAN's?

Anonymous said...

Looks like we have an angry Falcons fan upset that Obama is gone that voted for Hillary......hahahaha.
Love it!!!!