Arizona Criminal Law & Sex Crimes Post

Something still stinks in Scottsdale. But now it is now the stench of death and corruption faintly perfumed over by Scottsdale Police media apologists. In the never ending media rush to defend Scottsdale Police department's unlawful killing of Sgt. Prostrollo, the media conglomerate of Arizona Republic and KPNX has proclaimed yet another defense of Scottsdale Police. First there was Ofelia Madrid's abysmal "reporting", then there were tedious and worthless commentaries by EJ Montini and Laurie Roberts. Now there is the story above by Chris Hrapsky.

Mr. Hrapsky never asked Sgt. Mark Clark why did Scottsdale Police issue a press release that claimed it was too windy to use a taser or pepper spray when not a single officer on the scene said that was the case. Mr. Hrapsky, if you read this post, then I suggest you reread the police reports. Not one officer claimed it was too windy for non-lethal force. Mr. Hrapsky never asked why did Det. Lockerby of Scottsdale Police internal affairs spoon feed the answer "too windy" to the officers the day after the shooting. He never asked why did Scottsdale Police show more concern for their canine than Sgt. Prostrollo. Mr. Hrapsky never bothered to go the national weather service website, which would have taken all of two minutes, to find out the night of the shooting wind was average, and confront Sgt. Clark with that fact.

I am so dissappointed with the KPNX story for the following reason: if local media had been more interested in actual investigation of the Prostrollo shooting, maybe then John Loxas would still be alive. 

Of course, there is also Sgt. Clark's "cookie cutter" defense and his informal, casual, and quarter-hearted condolence to Mr. Prostrollo "we get it".  

Officers are trained to confront the situation that's presented to them. So to say that there is one cookie cutter approach for a specific situation, you can't do that... We understand that Mr. Prostrollo is upset... we get that... 

How on Earth Sgt. Clark is still the public information officer for Scottsale Police is beyond me, but it speaks volumes about the Scottsdale Police administration that he still has that job. If, Sgt. Clark, Scottsdale Police "get it", why did SPD lie about the wind? Why did the Scottsdale Fraternal Order of Police slander Sgt. Prostrollo and humiliate his friends? Why did Scottsdale police show more concern for a dog than Sgt. Prostrollo? 

I can almost imagine the following conversation taking place at Scottsdale Police Headquarters: 

Chief Rodbell: dude, guess what? Rambo's old man is totally bummed, and guess what bro?  

Sgt. Clark: No way, bro, what? 

Rodbell: the old man is suing us for freakin' killing his kid! Totally a bummer cuz our dog almost bit it.

Sgt. Clark: no way!! someone, should like, you know, tell him 'hey dude, chill bro', we like totally 'get it'. Ya know, it was like, totally too windy and gnarly. Ya know, what we do ain't cookie cutter. 

For some background information on this topic, see my posts on Scottsdale Police, Sgt. Jason Prostrollo, and John Loxas. 

UPDATE: For some very good news, the Prostrollo family filed a notice of claim against the City of Scottsdale seeking $5,000,000. You can see the notice here at NOTICE OF CLAIM.pdf The family hired Robbins and Curtain for the lawsuit, which is excellent news as I know that both Mr. Robbins and Mr. Curtain are excellent attorneys. 

While personal injury attorneys get a lot of grief for a variety of reasons, this is a perfect example of an attorney suing in the pursuit of justice. I hope and pray that Mr. Curtain and Mr. Robbins succeed in their pursuit of justice, that the Prostrollo family gets some relief, and the Scottsdale Police Department learns the error of their ways.  Maybe, after all is said and done, Scottsdale police will finally learn they can't kill unarmed civilians and lie their way out of trouble.

Finally, I was reading through the police reports of this case, and I saw Det. Lockerby's report. This is signficant because he was the internal affairs officer in charge of the investigation:

Offender threatened to commit Aggravated Assault with pool cue sticks against listed Scottsdale PoliceOfficers while at 12074 North 135th Place in Scottsdale, Maricopa County, Arizona. Listed Offender was shot and killed by Lt. Ron Bayne #559 while committing the Aggravated Assault.  

So, I ask again, if this is the official Internal Affairs summary of what happened and why Lt. Bayne killed Sgt. Prostrollo, what wind?

The Arizona Republic has failed us miserably. It is the largest and most prestigious news organization in Arizona, and if it had minimally competent journalists and commentators working for it, at least one man would still be alive. That man is John Loxas. 

After Scottsdale Police killed Jason Prostrollo, I made the obvious point that if no one held Scottsdale Police accountable, his sad death would not be the last one. A short two weeks later, as everyone else is aware, Scottsdale Police killed John Loxas. In between the two shootings, Ms. Madrid, the Arizona Republic public safety reporter covering Scottsdale simply repeated Scottsdale Police press releases back to her readers. She could have saved everyone the trouble and just given Sgt. Mark Clark, the Scottsdale PD spokesperson, the by line on her stories.

After the Loxas shooting, Ms. Madrid did the exact same thing yet again. But even worse, she made it seem as if it was her own story, thereby giving the story the credibility of an independent investigation (from my comments on twitter):

.@ofeliamadrid @azcentral Plz tell me you are going to do more than just repeat what @scottsdalePD tells you back to us

.@ofeliamadrid Will reporters ask SPD basic questions (ie, investigate) or just repeat SPD's statement word for word to the public?

Plz someone, anyone ask @scottsdalepd why No TASER!!

@KimRSchofield even worse the poor question reporters were asking at the PR conference. That's why SPD gets away with this behavior

@ofeliamadrid @azcentral If gun found in "lunge area" why 2hrs ago SPD said no gun recovered? anyone bother to ask SPD that question?

Wonderful how local media falls over backwards to exonerate/congratulate police who shoot 2 kill.

I take it from local media coverage of police shootings they are terrified of upsetting @scottsdalePD

.@ofeliamadrid @azcentral "Search warrant"?? why would @scottsdalePD have needed a search warrant for? that smells really rotten

.@ofeliamadrid @azcentral is @scottsdalePD saying he was shot and dropped the gun or didn't have it when shot? did you ask SPD that?

@kinseyschofield @KFisher15 I hate to say it, but local media doesn't care or is scared. S.Cal doing much better on Loggins shooting

.@ofeliamadrid @azcentral Did you ask why no taser or dog used?

And when Scottsdale PD finally released the Prostrollo police reports, she simply cut and pasted the police reports as her story. She only added the obvious point about wind not being an issue after I criticized her on twitter (her replies to me start with Ofelia Madrid and my direct replies to her start Vladimir Gagic):

.@azcentral if I want to apply for a job, can I just cut and paste someone else's resume? Thats how ur reporters get write their stories

@kinseyschofield @ofeliamadrid @scottsdalepd "in love" with cutting and pasting police reports and making it her story. Cushy job...

Working for @azcentral would be super easy. All I would do is cut and paste from police reports like this one story http://www.azcentral.com/news/articles/2012/02/21/20120221scottsdale-police-officer-report-outlines-fatal-shot-fired.html

Am I the only person who thinks that some members of media are either too close or too scared of law enforcement to report accurately?

Ofelia Madrid ‏ @ofeliamadrid @vlga Of course.If you're read my response to you, I said, several officers mentioned that it was windy. I didn't add the rest about Tasers

Vladimir Gagic ‏ @vlga.@ofeliamadrid Most important part of shooting is @scottsdalepd blatantly lied about why they had to kill him. How you don't see that...

@ofeliamadrid Don't you think its important @scottsdalePD said 2 windy for taser but no officer does?? how does that not make ur story?

Ofelia Madrid ‏ @ofeliamadrid@vlga Actually several officers mentioned windy conditions that night. Here's the report if you want to read it: tinyurl.com/8yg8gcv

Vladimir Gagic ‏ @vlga.@ofeliamadrid I hope u understand diff b'w "too windy" to use taser and "it was windy", which was spoon fed to them by IA afterwards

@ofeliamadrid I've read it many times. NOT ONE OFFICER said it was too windy to use taser or pepper spray. You should reread the report.

.@ofeliamadrid @azcentral Why didn't you mention @scottsdalePD said it was "too windy" to use taser, but that excuse not in report?

Even then, her paragraph regarding the wind was pathetic. She did not even check it for grammar as she had a comma separating two independent clauses. 

.@ofeliamadrid @azcentral wrote the lame, timid paragraph re wind in a rush and b4 proof reading? ; b4 "however" not ,

Mr. Montini's commentary was just as bad. It is obvious to me his days as Arizona's progressive voice are long gone. Either he is terrified of offending law enforcement, or he actually believes police never lie. Either way, it is time for both Mr. Montini and Ms. Madrid to go; maybe that way we can a police force that actually "protects and serves", and even more importantly, local law enforcement will finally know hunting season of unarmed civilians is over. 

For a clear example of the point I am making, compare the NC Times commentary "Shameful Acts in the OC" regarding the shooting of Sgt. Manuel Loggins Jr. and Mr. Montini's lame commentary "Marine, vet, patriot ... and threat".

And watch the video below to see what a motivated reporter can actually accomplish. If only we had someone...

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"Don't be misled, dangerous people walk the streets of Scottsdale", says the Scottsdale Fraternal Order of Police. I completely agree, they carry badges and shoot to kill.

The Scottsdale Police Department is on the warpath against its own citizens, and the latest victim of the Scottsdale war machine is a 50 year old grandfather, John Loxas ("Cop Shoots Man Holding Baby: James Loxas Killed In Phoenix" by Bob Christie): 

Several officers called for him to come outside, but Loxas refused, Rodbell said.[James] Peters shot Loxas in the head with a scope-equipped rifle from about 15 yards away when he leaned over and reached inside the house. Loxas died instantly, and fell with the baby in his arms, police spokesman Sgt. Mark Clark said. The baby was unhurt.

According to witnesses, Scottsdale Police officers were celebrating and loudly cheering after the kill shot. When Ofc. Peters shot Mr. Loxas, Mr. Loxas had no weapon, was turning away from officers to walk back into the home, and probably was setting his grandson down as the reports say he was lowering the child from around his head to the lower right side of his body. In other words, when Ofc. Peters shot and killed Mr. Loxas, Mr. Loxas was not an imminent physical threat to anyone, not police, not his grandson, not anyone. 

Police have no more right to use physical or deadly force than anyone else, and if this had been an ordinary citizen, I am almost certain he would be facing first degree murder charges. Anyone who encouraged him or assisted him, like other police officers at the scene or in command perhaps, should be charged as well with murder as accomplices, maybe even conspiracy to commit murder. 

Intentionally killing without justification and with premeditation is first degree murder. Motive is irrelevant. The fact these officers will claim they were only killed Mr. Loxas to save the life of his grandson is irrelevant. In the eyes of more than a thousand years of common law, that motive is no different from killing to steal someone's car. 

The officer who shot Mr. Loxas has quite a history; he has killed 6 people in his illustrious career. Of course, the Scottsdale Police department and County Attorney has justified all of them. But does anyone really believe that means all 6 of those victims should be dead and there might not have been a better, less lethal resolution? 

At the very least, I would like Scottsdale Police answer the following questions:

1) Why no taser used? Was it too windy? Why no dog? And please Sgt. Mark Clark, no "holier than thou" how dare you even ask that question. Not a single officer said Mr. Loxas had a weapon when Ofc. Peters killed him. Why is Scottsdale PD throwing around the fact Ofc. Peters was a "veteran" like they did in the Sgt. Prostrollo shooting? Why should that matter? 

2) Why did Scottsdale PD say at the first press conference at 11 am, some 12 hours after the shooting and after the search warrant had already been executed, that "no gun was recovered", but only a couple of hours later claim Mr. Loxas had a gun within "lunge distance" and his home was loaded like an armory?

3) Why is Scottsdale PD smearing Mr. Loxas with cheap shots like about how dirty his house was, that CPS had been called, that he has mental problems, and why are they telling the world that on the 911 call a neighbor advised Mr. Loxas might need to be shot? What does that have to do with anything other than slurs to defend Scottsdale PD's action by the lowest means available?  

4) This one really stinks: why did they say at the first press conference only one officer out of 6 saw something in Mr. Loxas' hands, but now that number is 2, including Ofc. Peters standing 18 feet away while looking through a scope centered on Mr. Loxas' head? And what did they claim they saw? Does anyone actually think any  officer really believes he saw something in Mr. Loxas' hands? That is rotten. 

5) Finally, did Scottsdale PD command bring in Ofc. Peters to take a kill shot? Was that why he was on the scene? A reporter essentially asked Sgt. Mark Clark that question yesterday at the afternoon press conference, and Sgt. Clark refused to answer the question in front of cameras.  If Mr. Loxas was an imminent threat, why did only Ofc. Peters, one among 6 officers, shoot and kill? Wouldn't all the officers have seen the same exact thing and reacted the same? 

I am not optimistic. Scottsdale Police is acting as if they are untouchable, and so far they are right. Their behavior reminds of the helicopter gunner from Full Metal Jacket: 

GET SOME..Yeah, Yeah, GET SOME, Baby. Anyone who runs is a VC; anyone who stands still is a well-disciplined VC. 

Do you ever shoot women and children?

Sometimes.

How can you shoot women and children?

Easy, you just don't lead them so much, Hah, ain't war hell!

To see Officer James Peters Internal Affairs file, go here: James Peters personnel file.pdf

Solidarity is under siege. Austerity has laid waste to the vestiges of labor rights.  That sad fact is no where else more true than in Arizona. As Braham Resnick writes ("Sweeping bills attack public employee unions"):

Arizona's Republican Legislature could virtually wipe out public employee unions in a sweeping new package of legislation far broader than the collective-bargaining bills that shut down Wisconsin's Capitol last spring. The bills would:

-Make it illegal for government bodies to collectively bargain with employee groups. Public safety unions (police officer unions) would be included in the ban.

-End the practice of automatic payroll deductions for union dues.

-Ban compensation of public employees for union work.

In the middle of this anti-labor firestorm, the president of the Scottsdale Fraternal Order of Police, Jim Nolan, thought it wise to provoke and embarrass one of the most powerful men on Earth, and certainly the most powerful Arizona politician in the past 50 years: Sen. John McCain.  

This, of course, happened after Sen McCain's wife tweeted that Sgt. Jason Prostrollo (the unarmed former Marine who Scottsdale Police killed): "RIP Jason Prostrollo. You are a patriot and a veteran." In response to the that tweet, Mr. Nolan wrote a polemic directed at Mrs. McCain; she then deleted that tweet.  

While I have not seen the entire letter, I can only imagine, from the paragraph I did see, that it was hardly diplomatic or refined. And while Mr. Nolan may have won the battle by having Mrs. McCain delete her tweet, how costly was the victory for the bargaining rights of Arizona's workers? 

I agree with almost none of Sen. McCain's politics, but I have no doubt that he loves his wife and his children, and I certainly have no doubt that he is a proud man. Undoubtedly, no one who has accomplished what Sen. McCain has is soft or timid. I was at Sgt. Prostrollo's funeral and Mrs. McCain's eulogy was loving, genuine, and tender. It was as if she lost her own son. Her tears were real. She is now a wounded lioness, and that wrath will almost certainly be redeemed by Sen. McCain one way or the other.  

The best advice I ever received was never yell at a waiter for the simple reason you don't know he will do to your food when you are not looking. Sen. McCain doesn't have to stump in support of Gov. Brewer's anti-labor plan. He can do all the damage he needs to behind the scenes, with a couple of phone calls here and there. He can sway on-the-fence legislatures and none of us will ever know.  

But he's a outspoken Republican so wouldn't he do that anyway? Maybe, but maybe not. The point is not that he was fervent supporter of Solidarity before Sgt. Prostrollo was shot and killed, just that he was silent and seemingly uninterested. Now that could very well change, not because he is more interested in the raw policy implications, but because his wife has been humiliated. He could still stay silent, but behind the scenes be very dangerous to Arizona public collective bargaining rights.

What Mr. Nolan thought he could gain, other than to blast "March of Valkyries" and repeat to himself endlessly "smells like victory", by embarrassing Sen. McCain and his wife, I can't even begin to imagine. If I didn't know any better, I would have thought Mr. Nolan was an agent provocateur planted by the Goldwater Institute.

It may be wise for all union members in Arizona to ask themselves whether Mr. Nolan has the right temperament and judgment for leadership. Is his "bull in a china shop" attitude really such a good idea? Does brow-beating Cindy McCain, whose only sin was to show love for a friend, make even the least bit of sense?  

If you are a Scottsdale Fraternal Order of Police member, ask yourself this question: 20 years from now when you about to retire, what will be more important to you, that Mr. Nolan selfishly stared down Cindy McCain and won, or that you will have a decent pension and health care benefits?  If your pension is more important to you than Mr. Nolan's pride, then maybe its time someone took his place and immediately, while it's not too late, apologized to Mrs. McCain. Maybe that way, the political behemoth that is Sen. McCain will stay on the sidelines. 

Scottsdale Police killed a former Recon Marine armed only with a pool stick ("Man killed by Scottsdale police was former Marine" by Ofelia Madrid of the Arizona Republic): 

Prostrollo worked in reconnaissance as a sergeant in the Marines and was discharged two years ago, said Prostrollo's father, Warren Prostrollo of Paradise Valley... 

When officers arrived, the residents came out of the house unharmed and Prostrollo came out moments later with a pool cue in each hand, police said. Prostrollo was holding the cues in a threatening manner and ignored commands to drop the cues and stop walking, police said. A K-9 officer released his dog, Raider, which bit Prostrollo but didn't stop him from continuing to advance toward officers. 

Scottsdale police Lt. Ron Bayne shot Prostrollo and killed him.

According to Scottsdale Police spokesman Mark Clark "A Taser or pepper spray was not used because of the windy conditions that morning" and, Lt. Bayne, the officer who killed Jason Prostrollo was a "19 year veteran". 

I find the Scottsdale Police Department's version of events very difficult to believe. First, according to weather reports, at 4 am wind in Scottsdale was approximately between 8 and 6 mph. That is hardly windy and is average for Scottsdale; Scottsdale is the city with the 21st lowest wind speed in the United States (average yearly wind in Scottsdale is 6 mph). If you look at a google maps of 12074 N. 135th Place, you will also notice that the houses would have shielded the wind. 

Also, while I couldn't find any reference material online regarding wind speeds a Taser will work, according to Taser's own promotional material, a Taser is more effective than pepper spray, even with a cross-wind: 

Pepper spray can only help you if you let the person come closer. But what if there is a cross-wind? What if the person closes their eyes when you are about to spray them? A TASER C2 ECD gives you 30 seconds of incapacitation power (read: knock them down for 30 thirty seconds) from a distance of up to 15 feet. This means you can protect yourself from a distance AND have time to get away.

(Pepper Spray vs. TASER ECDs Possible Inadvertent Exposure or Incapacitation from a Distance)

While that does not necessarily mean a Taser would have worked to subdue Jason Prostrollo, it does mean Scottsdale Police equating the effectiveness of Taser and pepper spray in windy conditions is nonsense. In fact, Scottsdale PD's own press release did not mention windy conditions ("Officer Involved Shooting"). 

I also find the fact Scottsdale Police stating Lt. Bayne is a 19 year veteran very troubling. It almost sounds as if Scottsdale PD wants the public to give Lt. Bayne the benefit of the doubt just because he has been on the job so long.

But shouldn't more be expected of a veteran officer, not less? If wind was an issue, why wasn't that mentioned in the Scottsdale Police press release? A man only armed with a stick is dead, killed by hands of the Scottsdale Police Department. Scottsdale PD now seems to be claiming the very experienced officer had no choice but to shoot and kill because of the wind. But what wind?

P.S. I saw on twitter that the Scottsdale Police Department is making a big fuss of the fact one of its police dogs was injured in the incident and is now recovering:

Looks like our K9 "Raider" is going to be ok. Great doctors and kudos to PMT for the lifesaving ride to the hospital. http://www.scottsdaleaz.gov/Police/newsPIO/Officer_Involved_Shooting_13836

I can only hope Scottsdale Police gives at least the same amount of attention to the circumstances of Sgt. Prostrollo's death as they do to the well-being of a dog. I also spoke to a former Phoenix officer who told me Scottsdale Police has a reputation of overreacting with difficult suspects because they are not as experienced with these situations.  

UPDATE: 

In a sadly tepid commentary by the putatively progressive columnist E. J. Montini, he noted that the wife of Sen. John McCain, Cindy McCain, tweeted that Sgt. Prostrollo was a "veteran and patriot". Unfortunately, Mrs. McCain's gracious tweet was immediately criticized by: 

Jim Nolan, president of the Scottsdale Fraternal Order of Police, sent a letter to Cindy McCain by way of her husband's office that reads in part, "In spite of the terror experienced by the three victims and the danger that Mr. Prostrollo placed upon our civil servants, for some reason you, Mrs. McCain, chose to take to a social media outlet and express your concern for the suspect. You did not express any sadness for the kidnapping victim, for the residents who were terrified in their own home or for the brave officers who ran towards danger while a city slept."

("Marine, vet, patriot ... and threat")

In response, Mrs. McCain sadly deleted her tweet. Please join me by asking Mrs. McCain to resend that simple, wonderful tweet. Her avatar on twitter is @CindyhM1 , also please ask Sen. John McCain (@SenJohnMcCain) to issue a statement calling for an "honest and full investigation" into the death of Sgt. Prostrollo. Finally, please ask the Scottsdale Fraternal Order of Police (@scottsdalefop35) to call Sgt. Protrollo what he was: a veteran and a patriot.  If this is all too complicated, you can simply retweet my tweets at https://twitter.com/#!/vlga

Or you can call Sen. McCain's office at (202) 224-2235.  Simply ask why should the death of taliban and terrorists get more attention than the death of a US Marine? 

The McCain's children are Brophy graduates and a son is a US Marine who served overseas. 

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