When Henderson asked for his badge number and said he would record the encounter on his phone, Gromek handcuffed him and swept him to the ground. Stewart was also handcuffed and put on the ground, but was released after additional officers, who knew he was with the media, arrived on the scene.
Henderson was jailed for 12 hours on charges of disorderly conduct and resisting arrest—all of which were withdrawn by District Attorney Stephen Zappala. Gromek was subsequently disciplined by the bureau for his conduct. Following a hearing, the Citizen Police Review Board recommended Gormek be fired.
Because the settlement still requires city council approval, the details are not available, but ACLU Legal Director Witold “Vic” Walczak called it “a good settlement.”
Another case that has yet to be settled is that of Leon Ford, who was shot during a traffic stop after officers mistook him for a wanted felon on Nov. 11, 2012. Despite being shown identification, police violated multiple procedures by trying to physically remove Ford from his car.
During the struggle, the car shifted into drive and took off at which point Pittsburgh police Officer David Derbish—who had climbed into the car—shot Ford five times. He then filed felony aggravated assault charges against the now paralyzed 21-year-old.
Ford was acquitted of those charges in September, but the jury deadlocked on lesser charges, which left presiding Judge Donald Machen’s gag order in place while the district attorney’s office contemplated whether or not to re-file the charges—which it can wait up to a year to do. Machen found Ford guilty of summary traffic violations.
Because the gag order prevents Ford from discussing his case, he cannot assist his attorneys in the federal civil rights case he has pending against the city, the officers involved and two former police chiefs.
Machen had set an Oct. 21 date for the prosecutors to decide one way or the other, and had indicated he would lift the gag order, but Ford’s attorney’s opted to appeal Machen’s guilty ruling on the summary offenses to state superior court.
On Nov. 24, Ford’s attorneys filed a motion to keep the trial in Common Pleas Court, while noting in the filing that Ford faces potentially deadly consequences because he has delayed surgery to remove bullet fragments so that he could participate in his trial.
Because Machen has since retired, his gag order remains in effect. The filing asks Judge David Cashman to set a date by which prosecutors must decide on refilling charges. The gag order also prevents the district attorney’s office from commenting.
(Send comments to cmorrow@newpittsburghcourier.com.)
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