Post by richardkelsey on Mar 28, 2008 13:49:54 GMT -5
Thanks Leelye -- I moved this to it's own thread.
Let's just say there is some irony in the fact that the investigation stalled do to non-cooperation by the alledged victims.
My guess is counsel advised them not to give statements because those statements might be used against them in criminal charges pending.
Anyway - here is the story.
www.app.com/apps/pbcs.dll/article?AID=/20080328/NEWS/803280404
FREEHOLD — The criminal investigation into allegations of police brutality filed by a Freehold Township woman and her teenage son has been closed, First Assistant Monmouth County Prosecutor Peter Warshaw said.
A borough police investigation that could result in administrative sanctions, however, is continuing, borough Police Chief Mitch Roth said.
Officials decided not to pursue a criminal investigation because the complainants, Migdalia Irizzary, 33, and her 15-year-old son, chose not to make formal statements to police, Warshaw said. Their attorney advised them not to, Warshaw said.
"As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said.
Norman Hobbie of Eatontown, who has been representing the Irizzarys, did not return a call for comment.
The administrative investigation could last two more weeks or so, Roth said. If officials decide the officer involved, Patrolman Chris Colaner, acted improperly, Roth said penalties could range in severity from counseling to termination.
The investigations were initiated after Irizzary alleged that she and her son were victims of police brutality during a motor vehicle stop in the borough on Jan. 29.
Irizzary was driving home that night from a basketball game when her sport-utility vehicle was stopped.
Police have said her vehicle resembled one they sought in connection with an assault earlier that evening. At the time, police were trying to settle an unrelated dispute between two families. Police initially said Irizzary and her son "called attention to themselves" as they drove by the scene of the investigation.
Irizzary's version of events is as follows: After police stopped her vehicle, Colaner would not answer her when she asked him why she had been pulled over. He then ordered her out of the vehicle and twisted her arm behind her back.
When Irizzary's son — one of several young people in the SUV — started yelling at Colaner to stop disrespecting his mother, Colaner allegedly handed Irizzary over to another officer and reached inside to punch the boy in the face.
Police account differs
Borough police, however, have said that after Irizzary's vehicle was stopped, a scuffle ensued. Irizzary's son hit one police officer and another injured his hand and shoulder trying to subdue the boy, police have said.
The boy and the injured officer were both taken to a hospital for treatment, police have said.
Irizzary was charged with obstructing the administration of law and resisting arrest. Her son was charged on a juvenile complaint with third-degree aggravated assault and resisting arrest.
The charge against Irizzary will be prosecuted April 8 in Municipal Court.
Her son's case will be handled in family court, since he is a juvenile.
Colaner remains on administrative duty, Roth said to which the officer had been reassigned after the incident.
Kim Predham: (732) 308-7752 or kpredham@app.com
Let's just say there is some irony in the fact that the investigation stalled do to non-cooperation by the alledged victims.
My guess is counsel advised them not to give statements because those statements might be used against them in criminal charges pending.
Anyway - here is the story.
www.app.com/apps/pbcs.dll/article?AID=/20080328/NEWS/803280404
FREEHOLD — The criminal investigation into allegations of police brutality filed by a Freehold Township woman and her teenage son has been closed, First Assistant Monmouth County Prosecutor Peter Warshaw said.
A borough police investigation that could result in administrative sanctions, however, is continuing, borough Police Chief Mitch Roth said.
Officials decided not to pursue a criminal investigation because the complainants, Migdalia Irizzary, 33, and her 15-year-old son, chose not to make formal statements to police, Warshaw said. Their attorney advised them not to, Warshaw said.
"As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said.
Norman Hobbie of Eatontown, who has been representing the Irizzarys, did not return a call for comment.
The administrative investigation could last two more weeks or so, Roth said. If officials decide the officer involved, Patrolman Chris Colaner, acted improperly, Roth said penalties could range in severity from counseling to termination.
The investigations were initiated after Irizzary alleged that she and her son were victims of police brutality during a motor vehicle stop in the borough on Jan. 29.
Irizzary was driving home that night from a basketball game when her sport-utility vehicle was stopped.
Police have said her vehicle resembled one they sought in connection with an assault earlier that evening. At the time, police were trying to settle an unrelated dispute between two families. Police initially said Irizzary and her son "called attention to themselves" as they drove by the scene of the investigation.
Irizzary's version of events is as follows: After police stopped her vehicle, Colaner would not answer her when she asked him why she had been pulled over. He then ordered her out of the vehicle and twisted her arm behind her back.
When Irizzary's son — one of several young people in the SUV — started yelling at Colaner to stop disrespecting his mother, Colaner allegedly handed Irizzary over to another officer and reached inside to punch the boy in the face.
Police account differs
Borough police, however, have said that after Irizzary's vehicle was stopped, a scuffle ensued. Irizzary's son hit one police officer and another injured his hand and shoulder trying to subdue the boy, police have said.
The boy and the injured officer were both taken to a hospital for treatment, police have said.
Irizzary was charged with obstructing the administration of law and resisting arrest. Her son was charged on a juvenile complaint with third-degree aggravated assault and resisting arrest.
The charge against Irizzary will be prosecuted April 8 in Municipal Court.
Her son's case will be handled in family court, since he is a juvenile.
Colaner remains on administrative duty, Roth said to which the officer had been reassigned after the incident.
Kim Predham: (732) 308-7752 or kpredham@app.com
