Wednesday, July 02, 2008
By Joline Gutierrez Krueger And T.J. Wilham, Journal Staff Writer
The attorney for veteran KOB-TV cameraman Rick Foley claims police illegally searched his client’s news vehicle and failed to read him his Miranda rights before cuffing him, throwing him in the back of a police car and charging him with refusing to obey an officer.
Charges against Foley were dropped Tuesday.
APD officials said Tuesday they were trying to determine if a search had occurred. A police spokesman said it’s common for officers to do an “inventory” during someone’s arrest.
Foley was covering a police standoff near Copper and Charleston NE on May 29 when rookie officer Daniel Guzman told Foley to move to a different location, according to a police report. A video captured by Foley’s camera shows the officer lunging at him. Foley was handcuffed, placed in the back of a police car and cited.
Guzman was placed on administrative leave last weekend pending a disciplinary hearing scheduled for next week.
The refusing to obey charge was dismissed Tuesday after Metro Court Judge Benjamin Chavez ruled that Guzman had not provided sufficient facts, or probable cause, to support the allegation.
Chavez said Guzman had incorrectly used a traffic citation form and not a criminal complaint when citing Foley and that he had only repeated the charge and not the circumstances of the case on the citation.
Chavez dismissed the charge without prejudice, meaning that police can refile the charges at a later date.
“I think this case is dead,” Foley’s attorney, Matthew Coyte, said afterward. “It was dead from the beginning.”
Foley said after Tuesday’s hearing that police never read him his rights before charging him.
In a statement released to the Journal through Coyte, Foley said he watched in “amazement” as police searched his news vehicle without a warrant.
According to legal experts, the law allows police to search vehicles if the driver is in the process of being arrested. If the car is being towed, police can take an “inventory” of the vehicle to make sure valuables don’t come up missing.
Foley was not taken to jail.
APD spokesman John Walsh said officers routinely search the vehicle of someone who is being arrested and taken to jail.
In Foley’s case, Walsh said an officer might have taken inventory anticipating that Foley was going to be taken to jail — if his vehicle was searched at all.
Walsh also noted that neither Foley nor KOB-TV has filed a complaint with the department alleging an illegal search.
Showing posts with label Daniel Guzman. Show all posts
Showing posts with label Daniel Guzman. Show all posts
Tuesday, July 1, 2008
Officer on Leave After Attack
By T.J. Wilham, Journal Staff Writer
An Albuquerque police officer who was captured on video attacking a KOB-TV news photographer has been placed on leave.
Officer Daniel Guzman, who had been working with another officer since the May 29 incident, is to appear at a disciplinary hearing next week. Afterward, Police Chief Ray Schultz will decide what disciplinary action, if any, should be taken against the officer.
Veteran KOB photographer Rick Foley was covering a police standoff near Copper and Charleston NE when Guzman, a rookie, told Foley to move to a different location, according to a police report. Foley was some distance from the police cars blocking the street and outside an area that had been blocked by officers.
Shortly after Guzman told Foley to move, the two argued, and Foley asked Guzman for his name and badge number.
A video captured by Foley's camera shows the officer lunging at him. Foley was handcuffed, placed in the back of a police car and cited for refusing to obey an officer.
Foley has a court appearance today in Metropolitan Court. In a statement released through his attorney, Foley on Monday called for Guzman to seek dismissal of the charges.
“In my 27 years covering the news, I have never interfered in officers performing their difficult jobs, nor would I,” the statement said. “My father was a career police officer, and I have been brought up with the greatest respect for the job they do. Yet one officer found time to grab me on a public street, handcuff me, place me in a police car and prevent me from doing mine.
“I hope the officer will do the correct thing and dismiss this criminal case.”
Shortly after the incident, Schultz asked the city's independent review officer to conduct the investigation.
Schultz said he made the decision to place Guzman on leave after reading the independent review officer's report, which he received Friday.
He declined to comment further.
“There is very little I can say until the disciplinary hearing is conducted,” Schultz said. “I can say the reason he is on leave is related to the incident.”
Schultz has acknowledged that “mistakes” were made during the incident, and he has drafted a new policy on how to deal with onlookers.
He has met with members of the local news media to discuss the new policy.
An Albuquerque police officer who was captured on video attacking a KOB-TV news photographer has been placed on leave.
Officer Daniel Guzman, who had been working with another officer since the May 29 incident, is to appear at a disciplinary hearing next week. Afterward, Police Chief Ray Schultz will decide what disciplinary action, if any, should be taken against the officer.
Veteran KOB photographer Rick Foley was covering a police standoff near Copper and Charleston NE when Guzman, a rookie, told Foley to move to a different location, according to a police report. Foley was some distance from the police cars blocking the street and outside an area that had been blocked by officers.
Shortly after Guzman told Foley to move, the two argued, and Foley asked Guzman for his name and badge number.
A video captured by Foley's camera shows the officer lunging at him. Foley was handcuffed, placed in the back of a police car and cited for refusing to obey an officer.
Foley has a court appearance today in Metropolitan Court. In a statement released through his attorney, Foley on Monday called for Guzman to seek dismissal of the charges.
“In my 27 years covering the news, I have never interfered in officers performing their difficult jobs, nor would I,” the statement said. “My father was a career police officer, and I have been brought up with the greatest respect for the job they do. Yet one officer found time to grab me on a public street, handcuff me, place me in a police car and prevent me from doing mine.
“I hope the officer will do the correct thing and dismiss this criminal case.”
Shortly after the incident, Schultz asked the city's independent review officer to conduct the investigation.
Schultz said he made the decision to place Guzman on leave after reading the independent review officer's report, which he received Friday.
He declined to comment further.
“There is very little I can say until the disciplinary hearing is conducted,” Schultz said. “I can say the reason he is on leave is related to the incident.”
Schultz has acknowledged that “mistakes” were made during the incident, and he has drafted a new policy on how to deal with onlookers.
He has met with members of the local news media to discuss the new policy.
Thursday, June 12, 2008
Attack on Cameraman Prompts New APD Policy
By T.J. Wilham Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Police Chief Ray Schultz plans to retrain his entire police force because of mistakes he acknowledged were made by an officer who attacked a KOB-TV cameraman after ordering him to move from an area near a crime scene.
The incident— which was caught on tape, aired on TV and posted on the Internet— sparked hundreds of complaints to APD.
Schultz said Wednesday that he has drafted a policy that he plans to take to all of the city's news organizations for input. He also said the police force will go through training on the new policy and how to deal with crime scene onlookers.
One change would require an officer involved in a disagreement with the media to call a supervisor or public information officer.
The officer involved in last month's incident has been paired to work with a veteran officer— and never alone— until an investigation is complete.
"I have always said that we learn from our mistakes," Schultz said. "Obviously, there were some mistakes made. So, let's learn from them instead of repeating them."
Veteran KOB-TV cameraman Rick Foley was covering a police standoff on May 29 near Copper and Charleston NE when rookie officer Daniel Guzman told Foley to move to a different location, according to a police report.
Foley at the time was some distance from the police cars blocking the street and was outside an area that had been blocked by officers.
Shortly after Guzman told Foley he needed to move, the two exchanged more words.
A video captured by Foley's camera shows the officer lunging at Foley. Foley was handcuffed, placed in the back of a police car and cited for "refusing to obey an officer."
The citation was filed Tuesday in Metropolitan Court. Foley has been given a July 1 court date.
Schultz said he couldn't intervene and have the citation dismissed. Only an officer or a judge can dismiss a citation once it has been written, he said.
Shortly after the incident, Schultz asked the city's independent review officer to investigate.
That investigation is ongoing. The IRO has reviewed Foley's tape but has not conducted any interviews.
The Journal made an official request on June 2 for records involving any prior disciplinary action taken against Guzman as well as any other resident's complaints.
Police have yet to produce the documents.
A deputy city attorney said in an e-mail that they are reviewing the request and will have a response within 15 days.
Schultz said action was taken shortly after the incident because of the severity of the allegations and the fact that his office has received about 200 e-mails— most of which attack Guzman and the chief. Schultz said that two of those e-mails had a threatening tone and that those e-mailers wanted to know where and when Guzman works so they could "talk to him."
"Because of the nature of some of the e-mails, we thought it was in his best interest not to put him in a situation where someone has an encounter with him and something escalates," Schultz said.
Schultz said that when he watched a video of the encounter, he noticed that several mistakes were made, although he declined to elaborate until the IRO completes its investigation.
Schultz pointed out that Foley had asked Guzman for his name and badge number, and that the officer refused to give it.
"That's an obvious policy violation," Schultz said. "We have a distinct policy you will provide name and identification number when asked by anyone. That did not occur."
Schultz said the new policy he drafted deals mostly with how officers are to treat representatives of the media when they think a reporter or photographer is disobeying a lawful order.
The drafted policy calls for the officer to contact his supervisor or a public information officer, but not to initiate an arrest.
The department already has a policy in place that says anyone from the community can record any crime scene as long as he or she is not standing in the scene.
"We want any conflicts addressed at the scene and not have our officers jump to enforcement action," Schultz said. "Let's get the right people there and not get to the point where someone is being arrested or cited."
Police Chief Ray Schultz plans to retrain his entire police force because of mistakes he acknowledged were made by an officer who attacked a KOB-TV cameraman after ordering him to move from an area near a crime scene.
The incident— which was caught on tape, aired on TV and posted on the Internet— sparked hundreds of complaints to APD.
Schultz said Wednesday that he has drafted a policy that he plans to take to all of the city's news organizations for input. He also said the police force will go through training on the new policy and how to deal with crime scene onlookers.
One change would require an officer involved in a disagreement with the media to call a supervisor or public information officer.
The officer involved in last month's incident has been paired to work with a veteran officer— and never alone— until an investigation is complete.
"I have always said that we learn from our mistakes," Schultz said. "Obviously, there were some mistakes made. So, let's learn from them instead of repeating them."
Veteran KOB-TV cameraman Rick Foley was covering a police standoff on May 29 near Copper and Charleston NE when rookie officer Daniel Guzman told Foley to move to a different location, according to a police report.
Foley at the time was some distance from the police cars blocking the street and was outside an area that had been blocked by officers.
Shortly after Guzman told Foley he needed to move, the two exchanged more words.
A video captured by Foley's camera shows the officer lunging at Foley. Foley was handcuffed, placed in the back of a police car and cited for "refusing to obey an officer."
The citation was filed Tuesday in Metropolitan Court. Foley has been given a July 1 court date.
Schultz said he couldn't intervene and have the citation dismissed. Only an officer or a judge can dismiss a citation once it has been written, he said.
Shortly after the incident, Schultz asked the city's independent review officer to investigate.
That investigation is ongoing. The IRO has reviewed Foley's tape but has not conducted any interviews.
The Journal made an official request on June 2 for records involving any prior disciplinary action taken against Guzman as well as any other resident's complaints.
Police have yet to produce the documents.
A deputy city attorney said in an e-mail that they are reviewing the request and will have a response within 15 days.
Schultz said action was taken shortly after the incident because of the severity of the allegations and the fact that his office has received about 200 e-mails— most of which attack Guzman and the chief. Schultz said that two of those e-mails had a threatening tone and that those e-mailers wanted to know where and when Guzman works so they could "talk to him."
"Because of the nature of some of the e-mails, we thought it was in his best interest not to put him in a situation where someone has an encounter with him and something escalates," Schultz said.
Schultz said that when he watched a video of the encounter, he noticed that several mistakes were made, although he declined to elaborate until the IRO completes its investigation.
Schultz pointed out that Foley had asked Guzman for his name and badge number, and that the officer refused to give it.
"That's an obvious policy violation," Schultz said. "We have a distinct policy you will provide name and identification number when asked by anyone. That did not occur."
Schultz said the new policy he drafted deals mostly with how officers are to treat representatives of the media when they think a reporter or photographer is disobeying a lawful order.
The drafted policy calls for the officer to contact his supervisor or a public information officer, but not to initiate an arrest.
The department already has a policy in place that says anyone from the community can record any crime scene as long as he or she is not standing in the scene.
"We want any conflicts addressed at the scene and not have our officers jump to enforcement action," Schultz said. "Let's get the right people there and not get to the point where someone is being arrested or cited."
Thursday, May 29, 2008
Video: APD officer, photographer scuffle
By: Tom Joles, KOB-TV, and Joshua Panas, KOB.com
An Eyewitness News 4 photographer was cuffed and cited Thursday morning for disobeying a police officer. It was a situation where the photographer was trying to do his job. And now the Albuquerque Police Department is reviewing the tape to see if the officer crossed the line.
APD says a driver and officers had exchanged gunfire at Copper Avenue and Rhode Island Street NE. An Eyewitness News 4 photographer covering the incident approached two police cars at Copper and Grove NE, believing the suspect was already in custody. The photographer was told that he had to go to a media staging area, but he claims the officer wouldn�t tell him where that was, so he just moved back.
The two officers briefly talked, and then one of them told the photographer where to go.
Video of the incident shows one of the officers walking away, looking at the photographer, and then walking out of frame while the other officer drives away from the scene.
The photographer then began to put his camera in the news vehicle to move to the media staging area when the officer begins circling around.
�I�m not putting the camera down until (inaudible),� the photographer told the officer as he was approached.
The two scuffled for a short time, and then the photographer was handcuffed and detained for about 90 minutes.
A police report identifies the officer as a D. Guzman and Eyewitness News 4 was told Thursday evening that Guzman had been a police officer for 13 months and on the street for seven months.
APD Chief Ray Schultz has yet to release a statement about the video, but APD spokesman John Walsh said the tape will be looked at.
�I can't comment on exactly what occurred on it. That will be reviewed by the independent review officer and, like I stated, he will come across with recommendations and the Albuquerque Police Department will act on those recommendations," Walsh said.
APD says they will proceed with the citation against the photographer.
An Eyewitness News 4 photographer was cuffed and cited Thursday morning for disobeying a police officer. It was a situation where the photographer was trying to do his job. And now the Albuquerque Police Department is reviewing the tape to see if the officer crossed the line.
APD says a driver and officers had exchanged gunfire at Copper Avenue and Rhode Island Street NE. An Eyewitness News 4 photographer covering the incident approached two police cars at Copper and Grove NE, believing the suspect was already in custody. The photographer was told that he had to go to a media staging area, but he claims the officer wouldn�t tell him where that was, so he just moved back.
The two officers briefly talked, and then one of them told the photographer where to go.
Video of the incident shows one of the officers walking away, looking at the photographer, and then walking out of frame while the other officer drives away from the scene.
The photographer then began to put his camera in the news vehicle to move to the media staging area when the officer begins circling around.
�I�m not putting the camera down until (inaudible),� the photographer told the officer as he was approached.
The two scuffled for a short time, and then the photographer was handcuffed and detained for about 90 minutes.
A police report identifies the officer as a D. Guzman and Eyewitness News 4 was told Thursday evening that Guzman had been a police officer for 13 months and on the street for seven months.
APD Chief Ray Schultz has yet to release a statement about the video, but APD spokesman John Walsh said the tape will be looked at.
�I can't comment on exactly what occurred on it. That will be reviewed by the independent review officer and, like I stated, he will come across with recommendations and the Albuquerque Police Department will act on those recommendations," Walsh said.
APD says they will proceed with the citation against the photographer.
Wednesday, May 28, 2008
Subscribe to:
Posts (Atom)
Posts
