Garcia filed a lawsuit in federal court against the city of Scottsdale, the Scottsdale Police Department, and several of its officers in August 2021. . All Rights Reserved. We shouldnt have to fear false arrest, humiliation or even death for simply seeking help from the police, Garcia said in an August 2021 press release. "Those officers deserve to be punished because there was no reason for her to be arrested that day. Her clothes were stripped to collect the glass evidence officers claimed were on her clothes and had blood drawn unjustifiably, her attorney claimed. The Scottsdale Police Department says some of its employees involved in the May 2020 arrest of Yessenia Garcia violated department policy, and Chief Jeff Walther admitted "we made some mistakes." Walther, who ordered the internal investigation after ABC15 reported about Garcias plight, said in Tuesdays press release there was no malice or ill intent demonstrated by his officers. Contact ABC15 Investigator Dave Biscobing at Dave@ABC15.com. Lawsuit against Scottsdale Police Department for bad arrest will continue A pair of Valley attorneys have agreed to represent a woman falsely accused of a hit-and-run accident by Scottsdale. The charges were dropped weeks later and now she's filed a federal lawsuit against the department for the arrest. "Its more like a dog and pony show when you just do a slap on the wrist," said Taylor. Terry Greene Sterling Updated Jul. The lawsuit says Fay determined the video was inconclusive as to whether Garcia's vehicle was involved in the hit-and-run because the camera panned east and west and there were segments in which the car was out of frame. They lie, steal, and display anti social behavior in public. Vous pouvez modifier vos choix tout moment en consultant vos paramtres de vie prive. She later found her current attorneys who announced an amended complaint in court. When employees fall short of those standards, there are consequences., An attorney representing Yessenia Garcia, who was arrested for DUI and hit-and-run on May 24, 2020, characterized the response as mild.. But Garcia's attorneys claim that if officers had actually checked the bar's surveillance video, they would have seen Garcia and Thompson leaving the club 20 minutes after the hit-and-run. Terry Greene Sterling on the new lawsuit against Scottsdale police officer James Peters. She was the victim of a crime and ended up being victimized by the police she called to help her.. Especiallysomeone who is giving you facts and evidence proving that they are truly innocent.". I have been with Scottsdale for over 19 years and I still love coming to work. Earlier this year, a Tempe man filed a complaint in federal court, claiming brutality during a traffic stop led to his hospitalization, and later, cost him his job. Walther issued a statement on Tuesday morning, Jan. 11, stating some of the officers involved in the . The federal court lawsuit alleges that Jeff Nichols and others discriminated against Enriquez during the hiring process. It doesnt come as a surprise to learn that the Scottsdale Police Departments unwarranted harassment of Ms. Garcia resulted in a mild reprimand for the officers involved, Benjamin Taylor of Taylor & Gomez Law told KTAR News 92.3 FM in an email. RELATED: 'I want to clear my name': Woman speaks out after being falsely accused by Scottsdale police, He added, This is wrong. The investigation showed there was probable cause for Garcia's arrest but some of the officers involved in the incident violated department policy and should have conducted a more thorough. Give Light and the People Will Find Their Own Way, INTERACTIVE RADAR: Tracking winter storm in Arizona, falsely accused of a hit-and-run crash by Scottsdale officers, @ScottsdalePD just released statement announcing officers were suspended in wake of an, pic.twitter.com/3lgGmL5Qn5 Dave Biscobing (@DaveBiscobing15), two lawyers announced in a press conference that they were picking up a lawsuit. Nous, Yahoo, faisons partie de la famille de marques Yahoo. Furthermore, we pledge Excellence, Initiative and Integrity to enhance the quality of life throughout our City knowing those we serve deserve no less. Her lawsuit seeks at least $300,000 plus punitive damages. A man already convicted of killing a Tucson teenager has declined to take the stand and testify in his own defense in his second murder trial. The Justice Department can bring lawsuits against police departments under a section of the law known as the A. A 20-year veteran of the Scottsdale, Arizona police department has filed a lawsuit claiming he was fired after reporting a fellow officer's homophobic remarks according to NBC News. I remain committed to maintaining a strong culture of accountability, transparency and professionalism. Scottsdale spokesman Kelly Corsette declined to make Nichols available for an interview, stating, "It is not the city's practice to discuss matters in litigation." Corsette did state that city disputes the allegations. Sgt. practicing the recommended safety and health measures for our candidates and staff. Copyright 2022 Scripps Media, Inc. All rights reserved. This page is not monitored 24/7. 14, 2017 12:45AM ET Published Sep. 25, 2012 11:00AM ET Scottsdale. Surveillance video shows a man actually stomped on her car, but despite that, she was still charged. 2023 FOX Television Stations, until THU 11:00 AM MST, Grand Canyon Country, Coconino Plateau, Chuska Mountains and Defiance Plateau, Western Mogollon Rim, Eastern Mogollon Rim, White Mountains, Northern Gila County, Oak Creek and Sycamore Canyons, Black Mesa Area, Mazatzal Mountains, Pinal/Superstition Mountains, Southeast Gila County, from THU 3:21 AM MST until THU 11:00 AM MST, Southeast Pinal County including Kearny/Mammoth/Oracle, Upper San Pedro River Valley including Sierra Vista/Benson, Eastern Cochise County below 5000 ft including Douglas/Wilcox, Upper Gila River and Aravaipa Valleys including Clifton/Safford, White Mountains of Graham and Greenlee Counties including Hannagan Meadow, Galiuro and Pinaleno Mountains including Mount Graham, Chiricahua Mountains including Chiricahua National Monument, Dragoon/Mule/Huachuca and Santa Rita Mountains including Bisbee/Canelo Hills/Madera Canyon, Santa Catalina and Rincon Mountains including Mount Lemmon/Summerhaven, until THU 11:00 AM MST, Marble and Glen Canyons, Northeast Plateaus and Mesas Hwy 264 Northward, Chinle Valley, Northeast Plateaus and Mesas South of Hwy 264, New River Mesa, Rio Verde/Salt River, Superior, Tonto Basin, Mazatzal Mountains, Pinal/Superstition Mountains, San Carlos, Dripping Springs, Globe/Miami, Southeast Gila County, Global carbon dioxide emissions reached a record high in 2022, Arizona weather forecast: Winter storm brings more rain, snow, Preying on a People: Inside the scheme of trafficking, health care fraud that victimizes Native Americans, Major Arizona storm: 'Enormous' amounts of snow, major highways closed, damaging winds, power outages, Chicago police officer fatally shot on Southwest Side, I didnt realize: Woman mistakenly eats heart-shaped chip that could have won her 100K, Arizona Republicans disavow wide-ranging bribery allegation, Teen arrested after Queen Creek Police ask some residents to stay indoors, lock doors, Watch: Fishermen spot sharks in huge feeding frenzy off Louisiana coast, How unlicensed sober-living homes are getting paid with taxpayer money. She was questioned by police for the collision. Garcia's claim says Officer Ben Roberson violated her constitutional right to counsel because he refused to grant her request for an attorney. Garcias defense attorney had filed a federal lawsuit as a placeholder earlier this year. As the employer of Scottsdale Police Department 8 ("SPD") police officers, City had primary responsibility for the training, education, and 9 supervision of those police officers. Chandler City Council recently handed out a contract for diamond fields at Tumbleweed Park, paving the way for construction to begin. Support local journalism. Yessenia Garcia says she was wrongly charged by the Scottsdale Police Department despite evidence she wasnt involved in a hit-and-run crash and is now suing the department. Thompsom repeatedly tells officers that he and Garcia were not driving the car when the accident happenedbut they don't believe him. I know that does not change how the events unfolded that evening or how Ms. Garcia was affected, and for that she has my most sincere apologies., Connect with the definitive source for global and local news. pic.twitter.com/ppOSZCjVU5. In May 2020, Yesse Garcia was leaving a Scottsdale bar with friends when she found her car with a broken windshield. "The employees who were found to have violated policy or fell short of department expectations received some degree of discipline or counseling depending on the severity of their policy violation," Scottsdale Police said in a statement. Dominguez' lawsuit alleges the officers never had probable cause to stop him in the first place and that the officers' actions amounted to a violent assault on an innocent man and violated Fourth Amendment protections against unlawful search and seizure. Scottsdale Police officials say prior to the arrest, officers did not have access to the video due to technical difficulties.'. I know that does not change how the events unfolded that evening or how Ms. Garcia was affected, and for that she has my most sincere apologies, he said. Garcias federal wrongful arrest lawsuit seeking at least $300,000, filed in May 2021, alleges that an officer should have watched parking lot security video that contained proof she wasnt involved. Pour en savoir plus sur notre utilisation de vos informations, veuillez consulter notre Politique relative la vie prive et notre Politique en matire de cookies. But before she did, she spoke out about the incident and her story was reported by ABC15 earlier this month. Her lawsuit seeks at least $300,000 plus punitive damages. Employees found to have violated policy or out of department expectations reportedly received some degree of discipline or counseling depending on the severity of their policy violation. Yessenia Garcia filed a lawsuit last year against Scottsdale, the city's police department and six police officers over the incident, saying her civil rights were violated. Story continues Recommended Stories Prison Bureau Responds After. Police were certain of Garcias guilt almost immediately after seeing the smashed windshield. Tune in to FOX 10 Phoenixfor the latestnews: By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. You can explore additional available newsletters here. The charges were eventually dropped, but on August 2021, Garcia filed a federal lawsuit against the department for the arrest. Garcia filed a civillawsuit in federal court in May but was told by her lawyer she wouldn't win because of qualified immunity so she had decided to drop her claim. The City of Phoenix now faces two separate lawsuits over negotiations with the local police union, the Phoenix Law Enforcement Association, and its decision not to submit a contract proposal . Our Police Department, in partnership with the citizens of Scottsdale, recognizes the changing needs of our community and law enforcements role in addressing those needs. FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; media@aclu.orgPHOENIX - The family members of John Loxas, Jr., who was killed instantly after being shot in the forehead while holding his infant grandson, today filed a wrongful death lawsuit against the City of Scottsdale and the Scottsdale Police Department. Authorities with Scottsdale police said Tuesday that some employees violated department policy after officers accused and arrested a woman for a hit-and-run crash that she wasn't involved in.. Also, my lawyers are preparing a defamation lawsuit to be filed against this . According to the claim filed, Garcia parked her car by the Galleria Corporate Center in Old Town that night around 8:40. PHOENIX - A Valley woman is seeking at least $300,000 in a federal wrongful arrest lawsuit against the city of Scottsdale and its police department. SCOTTSDALE, AZ (3TV/CBS 5) -- Scottsdale Police Chief Jeff Walther is excited for his officers to make more money moving forward. Please read our social. With the cameras pan, Garcias car is never out of view for more than 40 seconds. A screenshot of police body camera footage shows Scottsdale police questioning Yessenia Garcia on May 24, 2020. Phoenix College was awarded more than $4 million in grant funding to expand high-speed campus-related internet access and IT training and staffing, federal officials announced. Check your browser's help section for instructions on how to change the language. KELLER, Texas - The city of Keller agreed to pay $200,000 to settle a lawsuit with a man who accused two police officers of excessive force during a traffic stop. Garcia's charges were dropped after the first attorney she retained, Ryan Tait, contacted Steel,who told him the department would not pursue charges because the victim of the hit-and-run did not want to prosecute. According to Tuesdays police press release, the departments internal investigation found that technical difficulties prevented officers from watching the security video before they made the arrest. Garcias then-boyfriend flagged down a bicycle officer when the couple retired to the vehicle. The suit named Officers Ben Roberson, Kavon Attarpour,. Garcia was arrested for hit-and-run, however, surveillance video from the area shows Garcia's car parked for hours. 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