Embattled Officer Needs Help

[Charlie]

Anyone here subscribe to American Police Beat ? if you do, check out the July 2003 edition concerning the Maple Heights (OH) Police Officer Jameel Talley who was convicted of Involuntary Manslaughter. This conviction stems from the officer's encounter with a heroin addict who was trying to steal a leather jacket from a department store chain where the officer was working his off-duty job.

The article is rather lengthy but it is generally another one of those highly questionable situations & circumstances where the officer appears to have been handed a serious injustice. And, other officers from his PD are trying to raise some money to help with his legal funds.

I regret I don't have any more details but if anyone has found anything else out there, please post a link or something about it here.

--
Charlie

[Roses]

Charlie

Here's an article I found.

http://www.cleveland.com/printer/pri...4741846310.xml

Off-duty officer gets 3 years for man's death

06/24/03

James F. McCarty
Plain Dealer Reporter

Three years in prison for the man who killed her son wasn't long enough for a mother whose son died over a $159 leather coat.

"I don't have a son anymore, but he can walk the streets again in three years," said a tearful Dorothy Wills Campbell after the sentencing yesterday, referring to her son's killer.

Campbell's son, Guy Wills III, died after a Nov. 9 struggle with an off-duty Maple Heights police officer working security for the Dillard's store at Randall Park Mall. The officer, Jameel Talley, had taken Wills into a back hallway at the store after Wills stuffed a coat under his jacket and attempted to leave.

Cuyahoga County Common Pleas Judge Timothy McGinty gave Talley, 36, the minimum prison time allowed for involuntary manslaughter. The judge could have sentenced Talley to probation, however, because no weapon was involved in the death of Wills, 41.

A jury deliberated five days last month before convicting Talley of the first-degree felony. He was moonlighting as a security guard to earn money for Christmas presents for his three children.

Witnesses said they saw the muscular Talley grab Wills, pick him up and slam him head-first into a concrete floor. Wills' skull and collarbone were fractured, and he sustained fatal brain injuries.

Talley told investigators that he slipped and fell on top of Wills while trying to handcuff Wills, who was high on cocaine and heroin and resisting arrest.

Talley came into court yesterday in handcuffs and orange jail garb - a sight that brought tears to the eyes of his sister and 18-year-old son.

"We don't need cuffs," McGinty said to the sheriff's deputies, who freed his wrists.

McGinty carried dozens of letters of praise and support penned by Talley's friends, family members and co-workers seeking leniency. They spoke of his dedication to duty as a police officer and a sergeant in the Ohio National Guard, his love for his children, and his peacefulness - "a gentle giant," one Maple Heights woman called the 6-foot-5, 240-pound man.

"I'm not a mean person," Talley told the judge during the sentencing. "I didn't want to hurt anybody. I've been crying every day since this happened."

McGinty said it was clear to him that Talley had led a good life.

"But we're here for that one moment on that one day," he said. "This death was not an accident. This was a purposeful implementation of deadly force."

Wills was a good man, too, his family said.

He worked as a funeral director in the family business, The House of Wills, and was a loving mentor for his son, who recently graduated from high school with honors, Campbell said in court.

"Although we deal with death on a daily basis, nothing could have prepared us for this," she wrote in a letter to the judge.

Wills' family has filed a lawsuit seeking $100 million from Dillard's, claiming that it had been negligent in hiring Talley, and from doctors at South Pointe Hospital, claiming that they failed to diagnose Wills' injuries.

In a plea for probation, Talley turned and apologized to the Wills family, whose members were seated together in a row behind Assistant County Prosecutors Blaise Thomas and Andrew Nichol.

But Campbell said the apology was too late and lacked sincerity.

"It doesn't mean nothing," she said after the sentencing.

To reach this Plain Dealer reporter:

jmccarty@plaind.com, 216-999-4153

© 2003 The Plain Dealer. Used with permission.

Copyright 2003 cleveland.com. All Rights Reserved.

Hopefully this helps.

Rose

[darrell]

Charlie,

I just read that article. I think that is completely B/S for that to happen to the officer. I worked security and have been in tons of fights with retail fraud actors, some of them were on drugs. So I know how hard they can fight. Involentary Manslaughter thats a screw job he got. I hope he appeals that.

[Stump]

That's a shame that it happened at all.
For once, the article was slanted on the side of the officer. Go figure.
I don't really know if it was a misjustice or not. I wasn't there to see if he accidentally fell on this guy or pushed him to the ground.

[Charlie]

If I have time later on, I'll try and retype the article here. There's a little more to it from the APB article than what the posted article says here. Some other details that definitely raised my eyebrows.

I'll try and put it on here later since it is likely not accessible through APB's site anyways since it is in their latest edition.

--
Charlie

[JerZey79]

Ok, just a quick question....I'm not a PO so I dont know this. But are police officers allowed to moonlight? I'm guessing no, if it is then why are they prohibited from doing so?

[Charlie]

This is a little lengthy but it shows some differing contrast compared to the other posted news story from another source. Read and draw your own conclusions:

From American Police Beat. July 2003 Volume X No. 7

"EVER SUBDUED A RESISTING SUSPECT? READ THIS!
This is a battle we all need to fight

We are writing to you at this time to inform you of a situation that will effect all of us when we are trying to subdue a suspect who is fighting back and resisting arrest.

In Cuyahoga County Common Pleas Court, in Cleveland, Ohio, Patrolman Jameel Talley was charged with murder. The officer was tried and conveicted of involuntary manslaughter of a shop lifter who resisited arrest and fought with Officer Talley.

Jameel is now in jail awaiting sentencing.

The incident took place as follows:

Officer Talley, who works for the Maple Heights Police Department, was working his first day of an off-duty job as a security officer for Dillard's Department Store. Jameel was scheduled to meet and work with another off-duty officer also working for the store. This officer was supposed to supply Jameel with a generic uniform. Our department does not allow officers to work in the Maple Heights Police uniform when working off-duty jobs.

Jameel had been granted permission to work this off-duty job from our Chief. He was going through a divorce at the time and finances were tight.

When the officer scheduled to work with Jameel called in sick, he made the decision to work his scheduled shift even though he was alone, unarmed and without his uniform. He didn't want to leave the store without security.

Officer Talley began his shift in the camera room with a civilian female employee watching the CCTV system when he observed a male shoplifting a leather jacket. He asked the employee to identify the man's location in the store. He went to that location and apprehended the suspect.

The situation remained under control until Jameel got the suspect back near the interview room.

The man, who was high on crack and heroin, began to resist arrest. He also had an active warrant for his arrest out of another agency.

A struggle ensued. Duringthe struggle, the suspect hit his head against a locker and then on the cement floor.

There were three people who witnessed the incident and said the struggle lasted approximately five to ten minutes. All three of the witnesses stated the suspect was resisting arrest.

The incriminating part of their statements for the officer came when they stated Jameel picked the suspect up, lifted the suspect over his head and threw him head first to the floor but the testimony of the witnesses were inconsistent as to the manner in which Jameel picked the suspect up and threw him down.

The only consistency between the three statements was that actions they attributed to Officer Talley were virtually impossible to do, especially after a lengthy struggle.

This incident also occurred in a narrow hallway only five feet wide, again making it virtually impossible for the suspect to be picked up and thrown to the floor.

There was also testimony that Jameel was sweating profusely after the incident, adding credence to testimony that there had been a lengthy struggle.

In addition, the suspect admitted to officers who responded to the scene that he was resisting arrest.

Jameel testified that he never lifted the suspect off the floor. During the struggle the suspect was pusing off of the lockers in the hallway, at which time Jameel used that force and spun both of them around and to the floor.

Jameel landed on top of the suspect, when he finally gained control of the situation.

The suspect was conscious and coherent during the incident. The only visible injuries to the suspect were a bruise on his forehead and shoulder. The suspect was turned over to the local police department, which ended Officer Talley's contact with the suspect.

The officers who responded to the scene requested and ambulance for the suspect.

As part of the evaluation process, the EMS worker asked the suspect how he received his injuries. The suspect said he was fighting with the officer when he fell into some lockers and then to the floor. He made no mention of being thrown to the floor by Jameel.

The suspect was transported to a medical facility, via ambulance. While at the hospital, the suspect refused medical treatment and repeatedly asked if he would be able to post bond. The suspect also asked to be taken back to jail so that he could bond out. The suspect signed himself out of the hospital against medical advice. He then walked , under his own power, from the emergency room. The suspect was then transported, via police cruiser, to the arresting agency's police station. After his return to the jail, the suspect's condition worsened. He was offered medical treatment for a second time, which he again refused. The local police department contacted family members of the suspect to provide them with bond information. The family refused to post his bond and to pick him up. The suspect was later released on a personal bond.

Only then did a family member come get him. The suspect died two days later, in the hospital where his family had taken him for drug rehabilitation.

One of the prosecutors indicated that the lead detective assigned to investigate the case has a connection with the suspect's family.

This detective pushed for the murder charges against Officer Talley - a fellow officer working to protect a business in his city.

Jameel is now facing three to ten years in prison for something he never should have been charged with.

The unfortunate part of the situation is that because of the divorce, Jameel's finances were low and he fell behind in his union dues.

When this incident occurred, Jameel was eight months in arears so he was not in good standing with his FOP Lodge. The bylaws state that he was not eligible to take advantage of the FOP's legal defense fund.

The lodge did sponsor a fund raiser to help defray some of the cost.

As everone is well aware, a murder trial is very expensive. We are now trying to help Officer Talley's family pay off some of the original trial fees as well as raise some money for an appeal.

Patrick DeAngelo is the lawyer representing Jameel. Mr. DeAngelo is known for his representation of police officers in our area and fights hard for our rights.

This is a battle that we all have to fight. If this conviction stands, it will empower the criminals even more. It will send them the message that it is acceptable for them to fight the police and blame us for the injuries they receive due to their own actions.

Jameel Talley serves the citizens of Cuyahoga COunty every day. Yet Cuyahoga County Prosecutor William D. Mason's office is choosing to make an example of Officer Talley.

The tragedy of this ill conceived decision is that Jameel Talley did nothing wrong, given the circumstances that were initiated and defined by the suspect.

And now the suspect's family is suing Jameel, the department store (where the suspect stole from) and the hospital (where the suspect refused treatment) for $100 million.

The family has retained an attorney who is nationally known for his previous representation of Dr. Kavorkian in his assisted-suicide cases. Empowered by the conviction, the suspect's family is bringing out the big guns to win this case.

Please help us fight this battle for Jameel and officers everywhere who place their lives and careers in jeopardy every day

We have to stand up for each other because no one else will. We are asking for all willing officers to donate at least $5 to aid in raising enough money for the legal fees and appeal to get this verdict overturned. Any assistance will be appreciated.

Feel free to contact us via email or voice mail with any questions you may have.

Ptl. J. Mocsiran can be reached at JTM181@msn.com or 216-587-9650 x7181. Ptl.S. Ferris can be reached at SEF179@msn.com or 216-587-9650 x7179. Sgt. J. Ehrbar can be reached at JMEhrbar@aol.com or 216-587-9650 x7141

Please send your donation to Ptl. Joseph Mocsiran, 5373 Lee Road, Maple Heights, OH 44137

Checks should be made payable to: George Murray F.O.P. Lodge Legal Fund. Thank you in adnace for your support.

-Officers Joseph Mocsiran # 181 and Susan Ferris # 179; and Sgt. Joseph Ehrbar # 141 Maple Heights P.D."

[Stump]

Wow. I don't get to see too often when officers write in to tell their side of the story.
One side note -- if this cop was struggling for 5-10 minutes, why didn't anyone help him? Why didn't the police get there sooner (officer in trouble call)? I don't care that I am a woman, I would still jump in there to help him.
Anyway, it definitely presents what I think may be a more accurate side of the incident. However, people still testified that the cop picked him up and slammed him. I don't think it was intentional, but maybe a way to get him to the ground? It was a harsh punishment, but I guess they have their reasons.

[Charlie]

Stump--

I have the same general thoughts about this. As in WHY did three witnesses not help the officer subdue this person??? I find it hard to believe someone would stand close by and not do anything.:mad: :mad:

Second, I think it is interesting that the suspect's own statements and refusal of medical treatment didn't have any apparent impact.

Third, I am amazed that the investigating detective in the case was allowed on the case to begin with since the suspect/deceased was of a relation to him/her.

Finally, I find it interesting how the family apparently was not too concerned about the suspect while he was in police custody or at the hospital. BUT, no that the suspect is dead and there's the chance to makes some serious $$$$, only now do they seem to be interested in what happened with their family member.

Assuming all of this information is accurate, there are a lot of "holes" with this whole case. It stinks. And as noted by the officers as well, it is of concern and I wonder if this case could have any impact on any future cases with similar circumstances involving cops.

--
Charlie

[Stump]

Charlie,
I agree with everything you've said.
With this many holes in the story, I don't want to form an opinion yet..... I wonder what the ME's report said, or the doctors at the hospital. How could they pinpoint the injury occuring at the store?
It is nice to see that the officers were able to tell their side of it. They would be strung up here if they tried to write the newspaper!!! I almost want to send a contribution, but ...
I really hope that this cop doesn't have to spend the whole time in jail, but I am kind of a sucker when it comes to seeing a cop behind bars. :(

[kaptainpig]

Although I have not heard the Court extracts etc and can only go on the articles listed and whats been said in the forum posts, this scenario does give food for thought in future prosecutions against officers if injuries are caused during an offender resisting arrest.

I can't believe that this unfortunate officer made a conscious decision to use the force that has been alleged against him. Seriously, would he risk everything i.e job, pension and possible prison sentance to arrest a suspect over the low cost of a jacket??? I do realise that there are police out there who abuse their positions of authority when it comes to the use of force, but I am assuming that Jameel has a good record.

Don't forget of course the "spin" and media frenzy which is created when there is an allegation made against an officer of the law regarding the excessive use of force/death of a suspect. I am sure there are plenty of people who want to jump on the bandwagon and make their name.

In the UK we are governed by the rule that in the execution of our duty we have to excercise "reasonable force" and so justify what we do when dealing with violent situations etc.

Also pointed out what on earth were the 3 witnesses doing. If they saw what they are alleging then why did they not assist at the time.

Good luck to you Jameel, I hope you can appeal against this conviction and get it overturned.