Posted on 04/27/2005 4:22:48 AM PDT by tuffydoodle
Officer accepts penalty, keeps job
By Deanna Boyd
Star-Telegram Staff Writer
FORT WORTH - A Fort Worth police officer has been suspended without pay for 16 days on accusations that he illegally entered and searched an apartment and then violated department policy by using a Taser gun on a man who later died.
Officer P.R. Genualdo had faced termination had he refused the 16-day suspension, which went into effect April 14, according to civil-service documents released Tuesday by the city.
Police had begun a routine administrative investigation into Genualdo's actions after the Nov. 2 in-custody death of Robert Guerrero, 21.
The Tarrant County Medical Examiner's Office later ruled that Guerrero's death was caused by acute cocaine intoxication and that the Taser did not contribute to his death.
Genualdo's attorney, Craig Driskell, with the Combined Law Enforcement Associations of Texas, said Genualdo is a good officer who was the class president at the police academy and graduated with honors. He has never had a sustained complaint in his six years with the department, Driskell said.
"I think the chief, after talking to him, saw the value of this officer," Driskell said. "He is really an outstanding officer. A couple of things went bad here. The chief did not find him at fault for [Guerrero's] death. Some procedural things weren't done according to policy, and Genualdo took responsibility for that."
According to the civil-service documents, Genualdo had gone to the North View Apartments in the 2400 block of Clinton Avenue on a report that someone was stealing electricity. The apartment manager told the officer that a resident had seen a man tampering with the electrical meter box and that the man was in apartment M.
The door to apartment M swung open as Genualdo, accompanied by officers E. Tamayo and M.E. Macy, knocked. The officers began talking to a mother and son inside the apartment from the doorway, then entered the apartment without consent, the documents state.
When told someone was involved in tampering with an electrical meter box downstairs, the documents state, the son pointed at a closet and stated, "He's in the closet."
Genualdo and Tamayo then walked to the hallway and conducted an illegal search inside the apartment, according to the documents. They found Guerrero hiding in the closet under a large black trash bag.
The documents state that Genualdo ordered the man to exit the closet, but Guerrero refused. Genualdo then deployed his Taser, striking Guerrero in the midsection with both probes as Guerrero raised his hands, the documents state.
A review of the Taser found that Genualdo shocked Guerrero four times -- the first time for a duration of 10 seconds. Fort Worth policy stipulates that Tasers should only be used for five seconds per deployment.
After being hit with the Taser for the fourth time, the documents state, Guerrero slumped forward and was removed from the closet by Tamayo.
Guerrero was then handcuffed and carried downstairs, where officers noticed that he was not breathing. Genualdo and another officer performed cardiopulmonary resuscitation on Guerrero until paramedics arrived and took the man to a hospital, where he was pronounced dead about an hour later.
"During this administrative investigation it was determined that at the time of the Taser deployment, officer Genualdo did not have probable cause to arrest Mr. Guerrero," the documents state. "Consequently officers Genualdo and Tamayo made an illegal arrest on Mr. Guerrero for evading arrest/detention when they pulled him out from the closet."
Department policy states that officers should restrict use of a Taser to situations where the officer has probable cause to arrest someone and there is a reasonably defined risk or disadvantage in engaging the suspect.
The report also notes that under general orders, officers investigating theft of public utilities should make an incident report but not attempt to investigate, search or make an arrest.
Driskell said that because police respond to so few theft-of-utility offenses, Genualdo was not familiar with the general order.
"He meant well by investigating it because it is a crime," Driskell said.
Tamayo received a three-day suspension, city officials said.
Lt. Dean Sullivan, police spokesman, said the case will be reviewed by the Tarrant County district attorney's office and a grand jury, which is routine.
Why isn't this guy going to jail like the rest of us would? This shows us that the taser is not the harmless weapon that people declare it to be. It is responsible for many deaths per year. As of yet they don't know why, but they have related many deaths to the use of the taser.
Even if the guy had not died, this "rambo" with a badge should have his butt fired for not following policy.
Too many of these little shaved head nazi storm troopers are running amuck all over the country.
ping
Break the law and keep your job. Where can I get that deal? I guess it's good to be the King.
Whatever happened to "Mr. Policeman is your Friend?"
ping
Would he have died had he not been electrocuted with the tazor??? I doubt it...
police officer has been suspended without pay for 16 days on accusations that he illegally entered and searched an apartment and then violated department policy by using a Taser gun on a man who later died.
I guess we should be grateful that he was suspended without pay for a whole 16 days for violating someone's constitutional rights and killing a man.
The Tarrant County Medical Examiner's Office later ruled that Guerrero's death was caused by acute cocaine intoxication and that the Taser did not contribute to his death.
How convienient. I suppose we are supposed to just believe this.
"I think the chief, after talking to him, saw the value of this officer,"
Of course. We value officers who abuse their power, (i.e., make unconstitutional searches and arrests), and kill people. Individual citizens are not of any value.
"During this administrative investigation it was determined that at the time of the Taser deployment, officer Genualdo did not have probable cause to arrest Mr. Guerrero," the documents state. "Consequently officers Genualdo and Tamayo made an illegal arrest on Mr. Guerrero for evading arrest/detention when they pulled him out from the closet."
... but he's a valuable officer nonetheless.
"He meant well ...
Oh. That makes it alright then. Carry on.
There is if the property is leased out. The lease must specifically spell out the conditions that the landlord can enter the apartment.
Let's find out what the deceased was being investigated for and what his "rap-sheet" consists of. It's easy to condemn the cop when you haven't walked in his shoes. A guy that did nothing wrong wouldn't be hiding in the closet.
So says the ME. A tazer has the same effect as a Defibrillator and used improperly can stop the heart.
IMO the ME covered up, and Who is going to challenge the ME's ruling?
On top of that as stated at the bottom of the article the cops are not supposed to make an arrest for theft of utilities.
In Texas the Utility Co will handle the monetary and disicplinary aspects of utility theft.
Go back and reread the article. The son probly thought that it was a game of hide and seek.
The mistakes of the police officers were trivial in nature.
So you are saying that the U.S. Constitution is a "trivial" document?
Might I suggest that you move to a third world country and see how you like living under those conditions.
I don't know what the specifics are of this case, but there's something odd about it. The conditions stated would have given probably cause and permission of owner. Something's not stated about what happened.
By gosh, you are right! Here is the quote from the article:
When told someone was involved in tampering with an electrical meter box downstairs, the documents state, the son pointed at a closet and stated, "He's in the closet."
"Might I suggest that you move to a third world country and see how you like living under those conditions".
You can suggest anything you want but I fail to see your point.
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