New Haven Independent

Latino Advocates Sue Cops

by VJ Vitkowsky | October 2, 2008 4:43 PM | Permalink | Comments (20)

Lead%20picture.JPG (Updated: Friday 8:35 a.m.) The police said they were stopping a riot. The young men and their parents said the cops attacked them and sent one to the hospital.

Now the young man, Jonathan Avila (pictured after his arrest and alleged beating), is among the plaintiffs in a federal civil rights suit against city police.

(Click here to read the suit.)

The immigrants’ rights group Unidad Latina en Accion (ULA) filed the lawsuit on behalf of six Latinos in New Haven who alleged a pattern of misconduct against them by city police, in particular one officer. ULA held a press conference Monday afternoon to announce the suit. The group began the press conference at the federal courthouse across from the Green, then marched to the police station. Click here to read an account of that rally.

The group’s lawyer, Paul Garlinghouse, based the suit on a “Monell claim,” which means the city allegedly exhibited deliberate indifference towards police misconduct. The three incidents in question include the February “riot” and a previously reported case involved a man named Abel Sanchez. (Click here to read about that case.) Sanchez is an immigrant, and member of ULA. The other plaintiffs are not immigrants.

All six plaintiffs accuse the same officer, Dennis O’Connell, of beating them and of otherwise violating their rights. O’Connell is also accused of misconduct in the Sanchez case and another case on May 1, where he allegedly punched one of the plaintiffs in the face while arresting him.

“That — to me — is a clear indication that the city is responsible,” Garlinghouse said. “Because they have an Internal Affairs process that is so poor that they have cases going back to last year and still they have done nothing.”

“The New Haven Police Department takes all complaints and concerns very seriously,” wrote city spokeswoman Jessica Mayorga in an email in response to the suit. “The Department’s administration is committed to the community and will be sure to look into what may or may not have occurred concerning these allegations.”

The February “Riot”

Jonathan Avila [pictured after his arrest] and Lamar Morrison, residents of Scott Ridge housing projects on Eastern Street, were arrested in the parking lot of their housing complex in February for allegedly “inciting to riot.” No bricks were thrown, no fires were started, no windows were broken. Only the young men who wound up in police custody had their blood shed.

When the case went to court, it was thrown out by the judge, according to Miguel and Noraima Avila, Jonathan’s parents [pictured standing in their doorway].

The police report and the Internal Values and Ethics complaints tell two very different stories. Click here to read the complaint. Click here to read the police report.

Avila and Morrison’s families filed a complaint with Internal Values and Ethics two days after the incident. They said the department has not contacted them since.

“It’s like they don’t care,” said Miguel Avila (pictured at the top of this story with his wife Noraima).

Conflicting Stories -

According to witnesses who live at 425 Eastern St., Jonathan Avila and Lamar Morrison were upstairs at the Avila residence when a squad car pulled into the parking lot and began to question a group of three or four young men standing in front of the Avilas’ apartment.

Veronica, who was outside of her apartment at the time, said she heard Officer O’Connell, say “Where the guns at?” as he got out of the car and walked towards them, before searching them.

Lamar came downstairs, according to his affidavit, because his brother Lovale was one of the boys getting searched.

In her affidavit, Veronica Morrison said her son Lamar came out to stand on the porch, and Jonathan Avila followed, standing in his doorway, and asked what was going on.

“The Officer Dennis [O’Connell] started yelling and told him to shut the fuck up. Then Lamar Morrison asked him why is [sic] was talking to them like that? Then Lamar started to walk away and go home when the officer Oconela [sic] asked him where he was going Lamar said home the officer [O’Connell] said no your not then grabbed him punched him and slammed him against the wall of the appt. [sic]. Lamar fell to the ground and officer [O’Connell] punched him to [sic] more times. I (Lamar Mother Veronica Morrison) ran over to my son and picked him up and was walking to the house with him when Officer Dennis [O’Connell] ran over to us and said he was under arrest then officer [O’Connell] pushed me out of the way and handcuffed him.”

Interviewed at her home last month, Veronica Morrison said the police violently threw him in the squad car, pepper sprayed him, and punched him three or four more times.

“I asked him what his name was and he told me to shut the fuck up and get in the house. He told my son that he was going to get his friend next,” Morrison wrote in her affidavit.

Lamar was charged with disorderly conduct, interfering with police, and inciting to riot, according to the police report.

“The cop push me against the wall and punch me about three times in my face. He place me under arrest,” Lamar Morrison wrote in the civilian complaint form. “When I was in the cop car he punch me again and [maced] me for no reason at all. I never resisted arrest at any time and that’s when I seen him go in my neighbor’s house.”

According to Veronica Morrison’s affidavit, Jonathan Avila’s mother tried to close the door of her apartment to keep the police from coming in their house next. But O’Connell forced his way in and put his badge in his pocket, according to the affidavit.

“Jonathan’s father was standing in front of Jonathan Avila. He grabbed Jonathan and started choking him and then head butted him four times. Officer [O’Connell] then told his partner to [mace] Jonathan’s parents so they couldn’t see what was going on.”

Noraima Avila said she was sprayed in the face by Officer Maturo after she screamed that O’Connell was breaking all of the dishes and glasses in her kitchen. Avila’s parents say O’Connell then brought Jonathan out to the back porch and beat him with the base of a marble table.

Jon%27s%20shirt.JPG After Jonathan Avila was in handcuffs, O’Connell allegedly “then started punching and stomping on Jonathan for about ten to fifteen minutes more,” Morrison wrote. The blood soaked T-shirt Jonathan was wearing is pictured at left.

Morrison said she dialed 911 to get more police to come, fearing O’Connell might kill Jonathan. It wasn’t until the other cars came, Morrison said, that the beating stopped.

When the violence stopped, Miguel Avila said, the police began trying to cover their tracks, pouring a solvent over the blood on the porch and soaking up the blood in the kitchen.

O’Connell’s Version

O’Connell’s police report tells a radically different story.

According to the police report, a growing crowd of black males began coming out of their apartments as O’Connell “patted down” a group of men standing in front of “apartment J.”

“As I was patting down one of the [black males] I observed the door to apartment J open up. I observed a heavy set [black female] walk out and approach me. I asked the b/f to please step back.,” O’Connell wrote.

Jonathan Avila came out of the house, followed by Lamar Morrison, according to the police report.

“I told the group of 5-6 [black males] that they could not congregate all night around other residents doors in the complex,” O’Connell wrote in the police report. ” Mr. Avila then came off his porch and stated to me ‘We can do whatever the fuck we want to. We live here’ I told Mr. Avila to go back onto his porch and not to interfere with me. He told me ‘you cannot do shit I live her [sic]’ I then observed another [black male] walk out of Mr. Avila’s apt. This [black male] later [identified] to me as Lamar Morrison approached me and began to say “All you do is harrass [sic] us we aint doing nothing this is bullshit’.”

According to O’Connell’s report, it was the two young men — not the spectacle of a police car — that drew the attention of a crowd of men.

“At this time a small crowd of about 10-15 [black males] began to gather around myself and Ofc. Maturo. I observed more [black males] begin to walk towards us. Mr. Morrison continued to incite the crowd by saying ‘These cops always fuck with us, I am sick of this shit.’ I observed this [crowd] begin to voice their hostiletys [sic] towards [us] by saying ‘fuck these motherfuckers.’ I attempted to place my arm on Mr. Morrison as he was continuing to incite the crowd.”

According to O’Connell, Morrison “quickly spun around in an offensive posture.” O’Connell did not say he punched Morrison at any point in the confrontation, but said he pushed him against the wall. “After a short struggle I was able to place handcuffs on Mr. Morrison and placed him in the rear of my police car.”

Whereas the Avilas and Morrisons said O’Connell went up to the Avila residence, O’Connell said Avila ran over to the squad car and challenged O’Connell to a fight.

“As I began to call the dispatcher for more assistance, I observed Mr. Avila run out of his apt. towards me. Mr. Avila began to say ‘Fuck this motherfucker. I will fuck you up.’ Mr. Avila attempted to push past his mother, who was attempting to hold him back. I ordered Mr. Avila to get back into his house,” O’Connell wrote. “Mr. Avila continued to incite the growing [c]rowd by say [sic] ‘Let’s fuck this motherfucker up.’ As the crowd began to become more hostile I again called for more units on my police radio.”

According to O’Connell’s report Avilla dared O’Connell to come get him, allegedly saying “take that badge off you faggot.” O’Connell does not write in the report if he did or did not take it off.

In the kitchen, where witnesses said O’Connell headbutted and choked Avila before dragging him out to the porch, O’Connell wrote he was struggling with Jonathan and feared he would lose control of his gun.

“I tried to break free from Mr. Avila to create some distance between us. Mr. Avila refused to let go of his grip. Due to the close proximity between us I was unable to to use my pepper spray or baton on him. I then struck Mr. Avila several times in the face using my right hand to break free from his grasp. After several strikes Mr. Avila let go.”

Then a crowd of black and Hispanic neighbors poured into the house, according to the police report, and Officer Maturo attempted to hold them back, and then “Mr. Avila spit directly into [Maturo’s] face, causing blood other fluids to get on or in his eyes and mouth,” O’Connell wrote.

The police said Maturo used his O/C spray “to fend off the males in the apartment that began to charge at us.”

Witnesses said Avila was deliberately slammed into a cabinet full of glass. O’Connell wrote the cabinet was knocked over as they wrestled.

“Mr. Avila then attempted to run out the back door on to a second story deck outside. I tackled Mr. Avila as he attempted to clime [sic] over the wooden railing and brought him back down to the deck floor. I was able to cuff Mr. Avila with the assistance of several other officers. Mr. Avila did have a heavy odor of an alcoholic beverage on his breath at the time of his arrest.”

Morrison was taken directly to the police station for booking, while Avila was taken to Yale New Haven Hospital for his injuries. Avila was charged with assault on a peace officer, interfering with police, inciting to riot, and disorderly conduct, according to the police report.

Avila is currently incarcerated for violating probation, “for smoking weed,” Noraima Avila said.

Lamar Morrison, who had never been arrested before, used his youthful offender and is under a court order to stay out of trouble for two years, his mother said.

The Independent previously reported that Lamar was incarcerated, and apologizes for the error.

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Comments

Posted by: anon | October 2, 2008 7:44 PM

Let's say it happened exactly like O'Connell says -- and I am not saying it did -- when dealing with quality of life issues and encountering a group of people, some of whom live in the same complex, you have to approach it far far far differently than O'Connell says he did. The reason for that is the cop at that moment is really on a razor's edge with people's civil rights.

You know, you have public housing, you have purported prior complaints supposedly relayed by Sgt. Hoffman, you have a guy you know has a prior arrest and suddenly you are demanding things out of the blue from a group of people.

Public housing, prior arrest and Hoffman's complaints are not licence to come down like a ton of bricks. He should have hung out, asked them where they lived, told them there had been complaints, asked them if they had anything to do with those complaints, asked them again at that point where they lived, who was visiting whom and if no one lived at that particular stoop, to move on to a stoop where one of them lived. Sorry, that may not achieve the level of harassment and arrest necessary to eliminate purported drug dealing for which the officer had no probable cause, but it would have been better, right and more lawful.

It began presumptuous and ended violent.

anyway, anyone else find it pretty amazing to read that one of these guys would call on everyone to beat up a cop who is armed with a gun?

It doesn't surprise me this is under Hoffman's watch.

Posted by: Joey | October 2, 2008 11:07 PM

what a waste of life, I feel bad for the cops that need to deal with this shit everyday. these people are a drain on all of the citys resources and they have the nerve to file a lawsuit against the city. be civil and respect one another or get...out of this city.
god bless!!

Posted by: Beansie's Mom | October 3, 2008 6:46 AM

Cornell Scott complex has been a problem almost from the day it opened.
Unsupervised children and teens periodically run rampant through the surrounding areas.
CSR has rep for throwing rocks and other dangerous items at the police, at LCI, and others who might be trying to do good.
Parents have to take responsibility for their part in raising our youth. Any one who reads the fine print in the classified section of the New Haven Register can see how much Money (funding) HANH is pouring into this complex. To improve security, etc. Which is ridiculous for a complex that's just about 10 years old.

And as for that unprofessional crack at the end of this "report" by VJ about Lt. Hoffman -- Get a grip. The man is doing a fine job with the limited resources that he has.

Should it turn that JA and LM were engaged in narcotics trafficking the entire family stands to be evicted from HANH housing.

Posted by: anon | October 3, 2008 7:47 AM

I want renegade families that don't respect the law out of public housing and out of new haven too. they victimize all of us.

i just don't like the approach o'connell says he took in his report at all.

Posted by: Deuce | October 3, 2008 9:14 AM

"...arrested in the parking lot of their housing complex in February for allegedly "inciting to riot." No bricks were thrown, no fires were started, no windows were broken".

Inciting to riot is not defined by bricks, fires and broken windows:

Sec. 53a-178
Inciting To Riot
(Class A Misdemeanor)

1. The actor advocates, urges, or organizes six or more persons

2. to engage in tumultuous and violent conduct of a kind likely to create
public alarm.

Posted by: disappointed again | October 3, 2008 10:18 AM

This is a shame, the police did the same thing last week- except the young man was knocked unconscious- taken to the hospital,held away from his family.They even took one gentleman downto DD and beat the crap out of him, the sad part is that when we contacted the new cheif- we were told we can not speak to him and totally ignored. I feel like once a department becomes so the public can not complain- then it has truely failed the public- not policing the community, beating the community.

Posted by: jackie | October 3, 2008 11:39 AM

first let me say that i don't know how this went down in reality, but i certainly don't have more reason to trust avila's account any more than the officer's, whom i thank for his service.

anon: "anyway, anyone else find it pretty amazing to read that one of these guys would call on everyone to beat up a cop who is armed with a gun?"

there's a lot of things i find amazing around town, but they still occur. i've lived in new haven long enough now NOT to underestimate the level of manipulation that some of its "citizens" will engage in, just to get what they want in the end. ethics? morality? it all means nothing if you can lie your way out of it and create, as they say on the other end of the crime spectrum, "plausible deniability." yes, calling on people to beat up an armed officer seems crazy. but--and this leaves aside the question of whether or not drugs were involved, which obviously could have been a factor--i will offer that the very attitude which finds avila's alleged behavior as "amazing" is the very same attitude which authorizes that behavior: as long as someone is willing to make the excuse, as long as it "sounds" incredible to the gullible, this kind of thing will (i'm afraid) continue. and the rest of us law-abiding types, whatever we look like, will pay the price. do you find it "amazing" that a kid stole an ATV, drove it into a van after running a stop sign, and then a crowd of people beat up the driver, even though he was innocent? this is where we live.

PS, VJ: "Only the young men who wound up in police custody had their blood shed." --sounds more like a sympathetic TV drama than journalism. you're not the only rhetorician out there, you know; some of us notice such marked diction.

finally, a serious question that is complex: how can we expect the police to do their jobs if they are going to be threatened with these kinds of lawsuits? i'm not saying they're unconditionally frivolous. but we know there's a prevalent "no snitch" culture out there (again, quinnel payne incident)--so why should we believe that some kind, justice-minded witness would come forth if avila were lying?

Posted by: Carole | October 3, 2008 1:27 PM

Jackie,

I don't know what happened either, and I agree with you that some hard-to-believe stuff goes on around here, with some people unbelievably willing to justify it.

To address your last question, though: Remember that in a lawsuit, the burden is on the person bringing the suit to prove his/her claims -- not on the defendant to prove innocence. In addition, it is extremely difficult to win a suit against the police -- especially when the plaintiff already had a criminal record before the disputed incident.

Posted by: Edward_H | October 3, 2008 3:50 PM

Too bad no one got any cell phone video of this incident.

Posted by: KAMB | October 4, 2008 7:49 PM

That housing complex is a violent mess, and its the locals causing havoc! GOD BLESS OFFICER O'CONELL! Keep up the good work and as the other writers said, get rid of these problem tennants!

Posted by: annon | October 5, 2008 1:02 AM

Everyone must remeber there are two sides to every story. Somewhere in the middle usually falls the truth but take a second to do some research on Mr. Avila's back ground:

1. 8/26/04 found guilty Robbery Second and violation of probation
2. 10/30/07 Found Guily operating Unregistered M/V
3. 8/24/07 Found Guilty Possession of Marijuana
4. 5/21/03 Found Guilty Breach of Peace 2nd Probation terminated
5. 11/7/06 Found Guilty Simple Trespass
6. 2/16/08 Found Guilty Breach Of Peace
7. 3/27/08 FOund Guilty Possession of Marijuana
All info can be found on CT Judicial Website

Seven Guilty findings in 4 years..... how many cases were "thrown out" over that time???

Posted by: Fedupwithliberals | October 5, 2008 6:16 AM

Now if only ICE would do it's job!

Posted by: free speech | October 5, 2008 9:29 AM

You'll be damned if you do and damned if you don't. New Haven has a bunch of ungrateful citizens, First, they was police to run to thier calls and protect or get the rif-raf out of thier neighbor hood or complex, (mind you, one officer died while doing so) however, if youpolice accordingly they get sued. I suggest move if you live in projects!! or put up with it. These rif raf kids are committing ugly crimes that you don't hear about and they need to be dealt just like they parents raied them to be!!!I'm sick of you you big complainers. Shut Up already and maybe go out at 1 in the am when you'll seee them mug people or beat the shit out of one becuase they feel like it. Let the police put these criminal bratty kids IN CHECK!

Posted by: KAMB | October 5, 2008 11:38 AM

Good job ANNON with reporting the facts. And FREE SPEECH is right on the money.

Posted by: anon | October 5, 2008 2:27 PM

prior arrests or convictions are not probable cause, nor do they suspend rights (outside of certain proscribed rights relinquished for probation office)

why defense attorneys don't rip these PD reports to pieces that refer to prior arrests and convictions is beyond me.

Even one prior nonconviction arrest causes institutional bias. Ortiz used to go on the record about it all the time, saying "this person was known to us" as justification for things. Actual innocence is totally immaterial.
Defense lawyers ignore this mostly, but if they pay attention, they will see lots and lots of evidence of this form of bias.

Posted by: Insider | October 6, 2008 9:14 AM

Fedup

The man is Puerto Rican, what's with the comment about ICE?. And as always Anon you don't surprise anyone with your criminal coddling efforts.

The Officer was doing his job to keep law and order and Avila got himself arrested. It's easy for people like you to comment because you don't live on Scott Ridge, and don't know the problems that law biding citizens go through on a daily basis with these criminals.

Posted by: tom | October 6, 2008 5:25 PM

HEY ANON, if it looks like a duck, walks like a duck, and quacks like a duck, IT'S A DUCK, and sometimes a bleeding heart liberal.

Posted by: IN THE TRENCHES | October 7, 2008 2:55 AM

If the victim of this police beating had been a blond kid from Guilford, the "suburban" community would be up in arms. How the tables of indifference turn when the victim is a person of color. I'm no cop-hater or so-called liberal, but people I have a serious problem believing the officers' account. I've seen many, many situations where police officers lied on reports to cover up wrong doing. Pay attention to the report. Why was every witness to the arrests somehow beligerent or violent, while the officers remained calm, proffesional, and polite? Heavy set black woman? Large groups of swearing, interfering, black youths? Sounds like a sterotypical picture being painted. Could it be that the officers were well aware of people like the bloggers on this page who give officers an automatic sainthood for their choice of occupation? They were already trying to discredit anyone who came forward about their vicious,beastial, beating of this kid.

Posted by: Insider | October 7, 2008 8:48 AM

Trench

You don't know what your talking about, It's obvious you have never been in a situation like what happened to Officer O'Connell. I have and have seen people attack police in a swarm like he experienced that night it similar to a wolf pack.

Don't be so naive to think that this group wouldn't work themseves in a frenzy to jump a cop. And as far as keeping his cool, that is the type of person Dennis is, he is one of the most mild manner and kind people on the job, and that's how you are trained to stay cool or you could lose your life.

And lastly the " victim" isn't some kid who made a stupid mistake one night, he is a criminal with plenty of convictions to back that title.

Posted by: Three Counts | October 7, 2008 9:58 AM

With his rap sheet this punk should have already been put away. The cops should sue the judges and prosecutors for not doing there job right.

Latino Advocates Sue Cops

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