Cop Broke Innocent Shopper’s Leg over a Tomato, Filed a False Report

By Melina Delkic

An off-duty police sergeant in Atlanta, Georgia was trying to stop a shoplifter at his local Walmart one afternoon in October 2014.

The problem? He broke the man’s leg over one tomato; he made up a story to cover his tracks; and, as it turned out, he was wrong about the theft in the first place.

Former Police Sergeant Trevor King of Stockbridge, Georgia was convicted by a federal jury on Friday of using excessive force on Tyrone Carnegay, and breaking two bones in his leg with a baton. King, 49, wrote a false incident report, alleging that the shopper had assaulted him (which was not true).

Jury Convicts Former Atlanta Police Sergeant for Using Excessive Force to Break Walmart Customer’s Leg 

When the police officer, working off-duty as a security guard for Walmart, noticed Carnegay weigh a tomato and walk toward the store’s exit, Carnegay said he had a receipt for it, prosecutors said. Ignoring him, Carnegay struck him seven times with the baton. As Carnegay lay bleeding on the floor of the Walmart, King searched him and found the aforementioned receipt, according to the Department of Justice. However, King proceeded to make up the assault story, charging Carnegay with obstructing a shoplifting investigation and assaulting a police officer, and he took him to jail.

“It is extremely disheartening when a law enforcement officer abuses his or her authority and the public’s trust,” David J. LeValley, Special Agent in Charge of FBI Atlanta, said in a statement about the incident.

Carnegay, who now has a titanium rod in his leg, told local station WSB-TV that, after the assault, he was chained to a hospital bed in Atlanta’s Grady Memorial Hospital, where he was treated for a ruptured artery and broken bones. Carnegay’s charges weren’t dropped until one year later.

“When he found the receipt and the money and everything,” said Carnegay, “he just stared at it like he hadn’t done nothing.”

After a July mistrial, a recently retired Atlanta Police Officer is back in federal court, charged for excessively beating a man over a tomato that wasn’t stolen. How his APD history played into this off-duty incident @wsbtv 4:55

“This defendant violated the law and his oath as a police officer when he unjustifiably beat a man with a baton, breaking the man’s leg, because he wrongly believed that the man had stolen a tomato,” Acting Attorney General John Gore, of the Civil Rights Department, wrote in a statement.

Carnegay is suing Walmart and King. King retired from the Atlanta Police Department in January of 2017, and the trial began in July of 2017.

Melina Delkic, “Police Officer Broke a Shopper’s Leg for Stealing a Tomato, Realized He Was Wrong, and Filed a False Report”,



Internal Investigations: Two NPD officers disciplined


NEWARK – Two Newark Police officers received disciplinary sanctions for their actions, according to a quarterly review of internal investigations conducted by the department.

Officer Derrick Beach received a 20 hour suspension without pay and his probationary period with the department was extended by nine months following an investigation.

The investigation was a result of concerns raised by fellow officers related to Beach’s conduct when arresting a suspect on April 12.

According to the investigation, Beach and other officers had been involved in a foot pursuit with the suspect. When the suspect was caught, multiple officers were involved in subduing him and placing him under arrest.

Officers involved reported Beach had punched the suspect in the stomach area after he had been subdued, according to the investigation documents.

Beach said he struck the suspect in an effort to subdue him before he was handcuffed and while the suspect was actively resisting, according to the investigation.

Beach reported the incident to a deputy chief who responded to the scene.

There was no dash camera footage available of the incident to determine at what point Beach punched the suspect, according to the investigation. The investigation said Beach may have used reasonable force if the suspect was not yet in custody.

However, Beach failed to properly document the incident and made an unprofessional comment about suspects not being able to decide when an incident is over to another officer.

He was disciplined for those actions.

Beach was hired in June 2016 and was still on his probationary period with the department. That probation period was extended by nine months. He also was suspended for 20 hours without pay.

A second officer received a referral to the city’s Employee Assistance Program (EAP) after becoming angry during a May 16 meeting with an assistant prosecutor at the Licking County Prosecutor’s Office.

The officer reportedly stormed out of the meeting and slammed a door at the county building, causing more than $300 in damages.

The officer had received a written reprimand for failing to obey a direct order in June 2016 and a one day suspension in February for not making a report of a crash in a timely manner.

On June 27, the department sent the formal referral to EAP for the officer.

The Advocate is not naming the second officer because they did not receive a suspension, in accordance with the paper’s policy.

Former Pasco Co. school resource officer fired for misconduct

Published: July 7, 2017, 2:32 pm Updated: July 8, 2017, 1:10 pm

HUDSON, Fla. (WFLA) – A former school resource officer was fired over misconduct, including inappropriate social media contact with students at a school in Hudson, Sheriff Chris Nocco said in a press conference on Friday.

In April, a parent notified the Pasco County Sheriff’s Office of an inappropriate conversation on social media between her child and Corporal Milton Arroyo, a school resource officer at Fivay High School.

Jail booking photo.

An investigation later revealed Arroyo had shared his personal phone number and social media accounts with several female students. He had asked one of the students to “unzip her sweatshirt,” and “send a picture of her bra.” When the student informed the former school resource officer that her brother was present, Arroyo asked the student “Why don’t you go into the bathroom and take a picture?”, according to deputies.

In other conversations, Arroyo asked a female student “How old of a guy would you date?” and “Wanna see my ‘d’?” He also asked a female student to perform a sex act and admitted to having a dream about having sex with the student.

Arroyo also sent “weird emojis” and tried to FaceTime video chat with a female student while he was in bed, according to the sheriff’s office.

Investigators also discovered Arroyo used law enforcement databases to look up information on the students, their parents and staff at the school.

He was terminated on June 26 for “conduct unbecoming of a law enforcement officer.”

Deputies say Arroyo had already been disciplined in February after he was seen in a video giving a student the middle finger.

Sheriff Chris Nocco said Arroyo is cooperating with law enforcement. He reportedly told detectives that if a student had sent him illicit photos or videos, he would use their correspondence as a “teachable moment”—a statement deputies said they do not believe.

He will not be criminally charged for soliciting a minor, according to the sheriff’s office. Sheriff Nocco told the media Arroyo was “dancing on that line” between legal and illegal, and hadn’t done anything explicitly illegal.

Arroyo will, however, be charged with “offenses against computer networks and systems” for his unauthorized use of a law enforcement database.

Arroyo turned himself into the Pasco County Jail on Friday. He’s being held on a $5,000 bond.

Arroyo was hired by the sheriff’s office in January 2015. He worked with the New York State Police Department for 21 years before coming to the sheriff’s office.

Former Pasco Co. school resource officer fired for misconduct

Officer allegedly showed up to firearms training with alcohol in system

by: Mike Petchenik Updated: Jul 7, 2017 – 7:51 PM

FULTON COUNTY, Ga. – A Roswell police detective is serving a 30-day suspension after investigators said he showed up to a firearms training class with alcohol in his system, and records show the stresses of his job might have led to the incident.

Channel 2’s Mike Petchenik obtained Detective Zackery Kowalske’s personnel file and the internal affairs investigation into what happened.

On May 31, records show Kowalske showed up late for a firearms class at the Georgia Public Safety Training Center in Forsyth, Ga.

Documents said an instructor asked Kowalske why he was late and noted that an odor of alcohol was coming from his breath.

The report said Kowalske admitted to drinking six beers the night before and said that he had “passed or blacked out” in his hotel room and overslept.

The instructor took a blood alcohol reading at the facility and records show it registered at 0.04, which is below the legal limit to drive.

“Kowalske would have had to been at a 0.16 or 0.18 with the normal elimination rate when he quit drinking and went to bed,” the instructor noted in the internal affairs report.

Kowalske told investigators that he normally drinks himself to sleep because he sees “ghosts” as the result of post-traumatic stress disorder from his role as a crime scene investigator.

Kowalske also said that he was having trouble sleeping due to a shooting involving a car chase and being assigned to investigate a double homicide behind a grocery store, according to the report.

The report also said the veteran detective sees the image of a 4-year-old boy who was hanged by his father in 2013.

In a memo obtained by Petchenik, Roswell Police Chief Rusty Grant ultimately decided to suspend Kowalske for 30 days for violating department policies, including reporting unfit for duty and transporting alcohol in his city vehicle.

Grant ruled Kowalske will have to undergo a “Fitness for Duty Evaluation,” won’t be able to attend training at GPSTC for a year and will be transferred to a different division.

“I think he should get a chance,” Roswell resident Darlene Jenkins told Petchenik after hearing about the suspension. “He needs to address it solve the problem.”

Northside Hospital psychotherapist Nikeisha Whatley-Leon told Petchenik that PTSD is not uncommon in first responders, especially police.

“The symptoms would be something similar to reliving the experience, having nightmares, not being able to sleep,” she said. “We’ve seen veterans, we’ve seen policemen that have been exposed to experiences that have been very traumatizing to where it impacts their way of functioning.”

Whatley-Leon said one coping mechanism is to drink.

“We know that talk therapy helps… putting them in an environment where they feel safe,” she said.

She told Petchenik departments need to do a better job of monitoring the mental health of their officers.

“When someone has been exposed to something that’s not the normal routine of life, that you have support in place, whether it’s through EAP, a crisis therapist on hand, and also having ongoing evaluations of mental health status,” she said. “It’s almost like you’re putting them in the fire but not giving them the support to get them out or to keep them geared up to keep them going.”

Grant declined to comment because the case was a personnel issue. Petchenik reached out to Kowalske via email, but did not hear back.

Dallas’ interim police chief fires 4 employees, including officer charged in fatal shooting

Claire Z. Cardona

Dallas’ interim police Chief David Pughes on Wednesday terminated four employees, including an officer charged in a deadly shooting and a 911 call taker.

Officer Christopher Hess is among those who were fired at the hearing. Hess reportedly violated the department’s felony traffic stop policy, use of deadly force policy and placed a person in greater danger than necessary, police said.!/img/httpImage/image.jpg_gen/derivatives/article_750/dawes27n-2-web.jpg

Hess was charged last month in the January fatal shooting of 21-year-old Genevive Dawes. Officials said Hess and a second officer responded to a call in Old East Dallas that involved a reportedly stolen vehicle.

When officers showed up, Dawes backed up into their squad car with the vehicle and drove forward into a fence. When she reversed again, officers fired into the vehicle, police said.

A federal wrongful-death lawsuit filed against the city claims that Dawes bought the car a month before the shooting and refutes accounts that she rammed the patrol car.

The suit also says Hess and the other officer fired at least 13 shots into the passenger window, striking Dawes in the neck, right triceps, left arm, chest, right forearm and right earlobe.

Hess has been charged with aggravated assault. The other officer was placed on restricted duty.

Hess was hired in August 2006 and was assigned to the central patrol division.

Also terminated Wednesday was Sr. Cpl. Keith Huber, who was involved in a disturbance on May 11, 2016, in which Midlothian police were called.

In December, Huber was arrested on a charge from September of injury to a child with intent to cause bodily injury.  He is accused of beating the child who was younger than 14 with a surge protector, WFAA-TV (Channel 8) reported. 

An investigation also showed Huber violated the administrative leave policy from Dec. 22 to Dec. 28, police said.

Huber, a 16-year veteran of the department, was assigned to the central patrol division.

Pughes also terminated Officer Holly Carter, a three-year veteran of the department who was involved in an auto accident in September in Lancaster and failed to stop and render aid. Instead, she reportedly went to a nearby gas station to check on her vehicle, WFAA reported.

The investigation also found that in December, Carter provided inconsistent or misleading information in an internal statement.

Carter had been assigned to the southeast patrol division.


Tony Marzett, a 911 call taker, was also terminated Wednesday. He was indicted by a Dallas County grand jury in April on a charge of aggravated assault causing severe bodily injury for a incident on New Year’s Eve at an Irving Walgreens.

Marzett reportedly started yelling at a woman for taking too long to get out of her vehicle. He then pushed the woman to the ground and punched her in the face when she stood back up, according to court documents. The woman fell backwards, breaking her arm in two places.

Marzett, who was hired in March 2008, admitted in an interview to hitting the woman in the face.

The four employees have the right to appeal.

City of VP facing lawsuit for actions of Marshall Deputy

Arthur Phillips

Managing Editor

The lawsuits keep coming against the City of Ville Platte for the actions of its law enforcement officers.
In the most recent federal lawsuit filed on Friday, plaintiff Maria Joseph alleges that Ville Platte City Marshall Deputy Arthur Phillips forced her to have sex with another man in Fenton, La., “while Arthur watched.”
According to the lawsuit, the incident occurred on Friday, May 5, 2017, when Joseph was “approached by Arthur Phillips,” in Ville Platte, and “asked for her phone number, which she gave.”
When Phillips contacted the plaintiff, he “asked if she wanted to take a ride to Kinder.” In the suit, Joseph claims that she agreed to go with Phillips because she “assumed it was a date.”
However, according to the plaintiff, when Phillips picked her up “dressed in his uniform and driving a marked Ville Platte City Marshall unit,” he “drove her to Fenton, Louisiana; not Kinder.”
In the lawsuit it claims that once they arrived in Fenton, Phillips brought Joseph to his apartment, and then “called a couple of friends and neighbor, ‘Chris’ and ‘Ike,’ to come over and visit.”
After asking his friends if they had any money, Phillips then proceeded to “instruct the plaintiff to go ahead and touch Chris.”
Joseph claims that after “she told the men she didn’t do prostitution,” Phillips “proceeded to physically push Joseph onto Chris.”
According to the lawsuit, Phillips then “told her to give Chris oral sex and to do it for daddy.”
After the plaintiff denied Phillips’ request, Chris told Phillips “to leave the plaintiff alone and left the apartment.”
Later that night, Phillips and Joseph went to a nearby store. Once they arrived back at his apartment, Phillips “handed Ike $10.00 and asked him to go buy some weed, which he did.”
At around 11:30 p.m., the owner of the store they had just gone to – Joe – arrived at Phillips’ apartment with $120.
After the store owner and Joseph smoked weed, Phillips “told the plaintiff to hug Joe, and she did.”
According to the lawsuit, “While hugging Joe, Arthur Phillips pushed them together and told Maria Joseph, ‘come on shorty, do it for daddy.’”
Joseph then “proceeded to have sex with Joe while Arthur watched.”
According to the suit, “The assault lasted from about 11:30 p.m. to 2:00 a.m., when she fell asleep.”
Joseph was then awoken by Phillips “around 4:30 a.m.” Saturday morning. The plaintiff alleges that this is when “she told” Phillips “to bring her home.”
However, instead Phillips drove the plaintiff to a store, where he “purchased Tanqueray (gin) and some food,” and then he returned with the plaintiff to his apartment.
Phillips then “told the plaintiff that he wanted her to watch him have sex with his girlfriend.” Phillips’ girlfriend, however, was “furious,” and picked up a gun that was in the Marshall Deputy’s apartment.
It was at this point that Phillips proceeded to call the “Jefferson Davis Sheriff’s Office for help.”
According to the suit, when deputies arrived, Phillips “went outside to explain” what happened.
The deputies then arrested Joseph and “accused her of prostitution.”
Days later, Phillips was also arrested by the JDSO for soliciting prostitution, and then released from jail on bond.
Both individuals were released from jail on bond.
Since the incident, Phillips was suspended from the VP City Mashall’s Office, and fired from his position with the Chataignier Police Department where he worked as a patrolman.
According to Ville Platte City Marshall Ronald Doucet, an internal investigation is being performed with assistance from the Evangeline Parish Sheriff’s Office and will be complete next week.
Doucet said, “Once the internal investigation is complete we will be able to determine what we are going to do in terms of whether Arhur Phillips will be let go or not.”
Until then, Phillips will remain on administrative leave from the marshall’s office with pay.

Nebraska State Patrol head fired; probe findings sent to FBI

The Associated Press

Brad Rice
FILE – In this April 29, 2015, file photo, Brad Rice, the superintendent of the Nebraska State Patrol, testifies before the Government, Military & Veterans Affairs legislative Committee in Lincoln, Neb. On Friday, June 30, 2017, Gov. Pete Ricketts announced he has fired Rice, the head of the Nebraska State Patrol, and placed six other employees on paid administrative leave after an investigation found “inappropriate conduct” by senior staffers. (AP Photo/Nati Harnik)more +

Gov. Pete Ricketts fired the head of the Nebraska State Patrol on Friday amid an internal review that was launched after officers were accused of changing their story about a crash that killed a South Dakota driver who was fleeing from a trooper.

The review found evidence that high-ranking patrol staffers interfered with the agency’s internal investigations, Ricketts said at a hastily called news conference.

Ricketts said he had fired Col. Brad Rice as the patrol’s superintendent and placed six other employees on paid administrative leave. He also said his administration turned over its findings to the FBI and the U.S. attorney’s office. He declined to discuss in detail what the review found, citing the potential criminal investigation.

“We will not tolerate that breach of integrity in the Nebraska State Patrol or any of my organizations,” Ricketts said at a Capitol news conference.

Ricketts ordered a review of the patrol’s policies and procedures following criticism last week of how the agency handled an October crash that killed Antoine LaDeaux as the 33-year-old Pine Ridge, South Dakota, man was fleeing from a state trooper in Sheridan County, Nebraska.

State Sen. Ernie Chambers, of Omaha, called on Ricketts to fire Rice after the Omaha World-Herald reported allegations that state patrol officers changed their story about what caused the crash.

A trooper initially reported that he had bumped the fleeing vehicle in an attempt to safely end the chase, and the vehicle swerved off the road. LaDeaux was ejected from the vehicle and died at the scene.

Later, state patrol officers said LaDeaux caused the crash by swerving into the patrol vehicle, which caused him to lose control. A grand jury eventually cleared the trooper, Tim Flick, of wrongdoing after the patrol presented jurors with both versions of what happened.

State Sen. Adam Morfeld, of Lincoln, called on lawmakers to conduct an independent investigation of the patrol.

“Nebraskans deserve and demand accountability and trust in our state’s top law enforcement agency,” he said.

Ricketts said he has appointed Maj. Russ Stanczyk as the patrol’s interim superintendent and will begin a search right away to find a permanent replacement.

The governor said he relieved Rice of his duties Friday morning after Jason Jackson, the state’s chief human resources officer, gave him the findings of an investigation that included personnel interviews and a review of use-of-force case reports. Jackson said he did not talk to Rice directly during his review.

“I rely on my directors to give me information,” Ricketts said. “In this case, (Rice) did not live up to my expectations.”

Ricketts declined to elaborate. Calls to a phone number listed as Rice’s rang unanswered.

Jackson’s review was supposed to have lasted several weeks, but Ricketts said the initial findings prompted him to act sooner.

Jackson said he is still reviewing the patrol’s policies and procedures to identify any additional problems. He said his review didn’t focus on the use-of-force incidents, but on how the patrol handled the internal investigations that followed.

“That’s where irregularities emerged,” he said.

One of the six officers placed on leave was Lt. Col. Thomas Schwarten, the patrol’s second in command, who normally would have been placed in charge in Rice’s absence. Jackson and Ricketts declined to identify the others, citing their due-process rights as state employees covered under a collective bargaining agreement.

Rice’s firing also follows a union survey of state troopers last week that found widespread dissatisfaction among rank-and-file employees with the agency’s management. Ricketts said the survey played no role in his decision to fire Rice.

– Bartow police are reviewing a claim of excessive force after a video was posted online showing a police dog being released on a man who was later charged with resisting arrest.

Marquis Wright, 21, of Bartow, was approached at his home as police tried to serve a warrant on Wright’s younger brother. Three officers are present in the video, which shows Wright on the ground.

A K9 appears to bite the man, and pictures show several places where Wright’s skin was punctured.

“He is a musician, he coaches basketball in the community, so you can’t paint him as some thuggish person that is uncivilized,” said Pastor Clayton Cowart.

But police charged Wright with resisting arrest with and without violence.They say the 50-second video doesn’t tell the whole story of the encounter that lasted several minutes.

Family says police had the wrong guy, that it was really Wright’s little brother who violated probation.

Cowart says the incident parallels what African Americans have experienced in cities around the country.

“We teach our children to go out, respect the law, do what’s right,” he said. “Well, when you do, it still happens.”

Bartow police say this incident is under review, and have met with the pastor, who is also asking for the state attorney’s office to step in.

“Those officers need to be taken out of office if they have this kind of mindset,” said Cowart. “Second, we need a continued addressing of these issues.”

Over the last year, Bartow police have been plagued by issues of race. An officer was fired for calling Barack Obama a gorilla. The chief has also been accused of firing another because he was black.

“Even in our own community, sometimes people just seem to push it by,” said Cowart. “We need to address it and say it does exist. That’s the first thing, you can’t address what you deny.”

Bartow police say great relations with the community is highly important to them and have held several community meetings about the past incidents,

They don’t yet have enough information to know whether the use of force against Wright is justified but say this incident is being thoroughly reviewed.

Wright’s brother is 17, but his family says he turned himself in a half hour later. The Polk County Sheriff’s website shows no previous arrests for Wright. He was released from jail.

GA deputy fired, accused of sexual assault on duty

– A southeast Georgia deputy has been fired following accusations of sexually assaulting someone while on duty.

Investigators said Atkinson County Sheriff’s Deputy Aaron Spikes responded to a domestic violence call on Guthrie Heights Road last Saturday, June 17, in Axson, Georgia. The next day, someone called the sheriff’s office, and complained about a sexual assault involving Spikes.

Spikes, 49, admitted to the sexual act, but said it was consensual, according to authorities.

Sheriff David Moore confirmed Spikes was immediately terminated from his position at the sheriff’s office.

The case has been turned over to the District Attorney’s Office, who will determine the charges against Spikes. The Georgia Bureau of Investigation has been asked to investigate the case.

Spikes worked for the Atkinson County Sheriff’s Office for three years and had no prior incidents.

Police raid of PBSO deputy’s home turns up slew of child porn

    • Olivia Hitchcock

Palm Beach Post Staff Writer

10:09 a.m. Friday, June 30, 2017

A Palm Beach County sheriff’s deputy had more than 30 pornographic videos and pictures of children on his laptop and cellphone, according to West Palm Beach police records.

Adam Godbey, 38, was booked Thursday afternoon into the Palm Beach County Jail on more than two dozen counts of possessing child pornography. Judge Caroline Shepherd ordered he undergo a mental health evaluation.

In late May, someone notified the National Center of Missing and Exploited Children’s CyberTipline about pornographic images of children being uploaded to a website.

A search of the IP address determined they were uploaded by a Comcast customer, whose IP address was linked to Godbey, a four-year veteran with the sheriff’s office.

On Wednesday, West Palm police searched Godbey’s home. Police found a cellphone and a laptop hidden above a kitchen cabinet.

Dozens of images and videos found on those devices depicted young girls and boys engaging in sexual acts, records state.


Godbey, a road patrol deputy, was praised by the sheriff’s office in 2015 for rescuing a kitten from under a car in Belle Glade.

The driver reportedly told Godbey, “you are the best, I love the cops.”

“The Palm Beach County Sheriff’s Office holds its employees to the highest standards and never forgets about its duty to preserve the public’s trust,” the sheriff’s office said in an emailed statement. “Unfortunately sometimes an employee makes a bad decision which leads to misconduct. This misconduct was reported, investigated and determined to be criminal in nature, resulting in the charges.

“The sheriff’s office will remain vigilant to insure that our efforts are professional and meet the high standards that the public has come to expect.”–law/update-police-raid-pbso-deputy-home-turns-slew-child-porn/9KeqJ2DUn4Eo3N6LEw6rCP/?platform=hootsuite