A former Milwaukee County sergeant was sentenced to 18 months in prison for assaulting a handcuffed suspect in a police cruiser. As shown in this video, former Milwaukee County Sergeant Scott Krause punched Ray Calderon several times after he kicked the patrol window and cursed at deputies.
Once again, one has to ask what would have happened if this incident occurred off camera. It is very unlikely that any action would have been taken in such a case.
Before sentencing, Krause gave a tearful apology to Calderon and the public, here.
For the full story, click here.
I live in Texas and saw this story aired on FOX. Could not believe that the officer was sentenced at all! Law enforcement is not respected any longer in this country and the guy is in custody for breaking the law! If he did not want to get roughed up a little, he should not have been drunk in public! What if your family was killed by this guy in a wreck? Would you still say the officer was wrong? In TEXAS, this guy would have received the 18 months in prison and not the officer! I am appalled!
Hey Professor,
I actually know the victim and his family in this case. We were pleased with the sentence, but disgusted to find out that the officer in question is not in prison, but in a local jail. The judge specifically said “prison” in his sentencing, so we’re wondering how and why he was relocated to a such a minimum security facility. Any ideas?
mespo and FF Leo,
I am on both sides of this. The Officer had a Higher standard of care than an ordinary citizen. The Common drunk no so much unless they are engaged in a specialized field. Then the one engaging in a specialized field owe a higher standard.
In either case both need treatment. Not incarceration. It does not solve the problem.
Tiebreaker? Take your pick….
The sort of corrupt acts that have been committed by police officers have been classified as follows:[2]
* Corruption of authority: police officers receiving free drinks, meals, and other gratuities.
* Kickbacks: receiving payment from referring people to other businesses.
* Opportunistic theft from arrestees and crime victims or their corpses.
* Shakedowns: accepting bribes for not pursuing a criminal violation.
* Protection of illegal activity: being “on the take”, accepting payment from the operators of illegal establishments such as brothels, casinos, or drug dealers to protect them from law enforcement and keep them in operation.
* “Fixing”: undermining criminal prosecutions by losing traffic tickets or failing to appear at judicial hearings, for bribery or as a personal favor.
* Direct criminal activities of law enforcement officers themselves.[3]
* Internal payoffs: prerogatives and perquisites of law enforcement organizations, such as shifts and holidays, being bought and sold.
* The “frameup”: the planting or adding to evidence, especially in drug cases.
Which ones will we class this under?
It looks like he TAPPED the window to me.
I was beaten and strangled by the sacramento police and jail… it was torture and all the jailers and office workers were in on it.
btw – the fremont, ca police give and sell pot and meth to people, then try to buy it back… and that’s a fact!
FFLeo:
Well, we need a tie breaker here. Where’s AY, Buddha, or Mike S?
Mespo,
While I understand a redeeming quality/trait of a good lawyer is his ability to mitigate the adversity and consequences of human misdeeds, I think that some cases—such as this one—warrant little or no mollification of guilt.
AY:
Not sure I recall the thread, but I draw a distinction between one who satiates his own vices and one who suffers diminished capacity in service to his Country, though the results may be similar.
FFleo:
“An LEO must be beyond reproach given the level of power they have over citizens and the added deference granted by the courts.”
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I certainly hold the LEO to a high standard, but not a perfection standard. If this officer, for whatever reason, was suffering from PTSD that should have been taken into account. That he was in this condition and still serving is not his fault but that of his superiors, who to my knowledge, will suffer neither the prison sentence nor receive the reprobation. All in all, I respect your respect for your profession, but if asked to sit in judgment on this case, I would not punish to this extent given the victim’s provocation and relatively slight injuries.
The possible 3.5 years felony charge was for misconduct in public office, which would have been most appropriate given the LEO’s cowardice of hitting a handcuffed, defenseless person in his custody and grossly abusing his authority under the ‘color of law’.
There is a mug shot of former officer Krause at the link.
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Quote:
“Four days later, Krause was charged with misdemeanor battery and misconduct in public office, a felony. He pleaded no contest to both charges Tuesday, was found guilty, and faces up to nine months in jail on the battery and up to 3½ years in prison on the felony at his sentencing March 5.”
http://www.jsonline.com/news/crime/81270877.html
End Quote
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mespo,
While I agree with you on this issue. I remember a thread on Saturday where I felt that you had little compassion for the person that drinks. Help correct me if I am incorrect.
Mespo,
I strongly disagree with you. An LEO must be beyond reproach given the level of power they have over citizens and the added deference granted by the courts.
As I noted, any person with PTSD should never be employed as an LEO–the risks are too great that a relapse could occur at anytime, especially in times of stress and gunfire. This LEO lost his cool simply because he was frustrated. Frustration is a daily occurrence with LEOs when interacting with the public.
I have no sympathy whatsoever for this former LEO and the sentence was inappropriately lax.
I certainly believe charges of battery were justified, but I think the felony charge and the 18 month sentence were excessive. The officer will lose his job and his PTSD, allegedly suffered in service to his Country, will likely not be treated effectively in prison or the county jail. If we demand compassion for lay defendants with diminished mental states how can we not accord the same sentiment to a police officer charged with a crime? I do not deem the actions of this victim of police brutality totally innocent either, and surely the officer’s frustration, if not his actions, are justified. Prejudice against certain groups are not the exclusive realm of the conservatives.
Kinda wonder what they would have done if he had tased him.
I’m glad to see the people in charge not letting this slide, a lot of times you’ll have them try to defend the cop….Mayor Daley is a very good example of this type of corruption.
Now if they could clean up some more….
http://www.youtube.com/watch?v=DKnYzhzUcuw
Perp wasn’t even kicking the window. Just kinda pushing on it a little.
He obviously did it again after being told not to, but does that warrant a full-bore punch-out like what he got? I think not. Office Spicbeater hit him HARD, too.
While it is good to see the corrupt LEO go to jail, he received a reduced sentence. At least the trend might be towards a modicum of justice meted out against corrupt, double-standard LE.
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Quote:
“The judge imposed 18 months in prison and one year of extended supervision on the felony misconduct charge and nine months in prison for battery to run concurrently with the felony sentence. The maximum sentence on the felony was three years and six months in prison.”
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The LEO’s excuse that was excerpted from the article occurs within the following quote. If former Officer Krause was suffering from the stated condition, he should *not* have been in uniform and carrying a firearm.
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Quote:
“Krause’s attorney, Michael Steinle, told Judge Thomas Donegan that the former deputy was diagnosed with post-traumatic stress disorder after two tours of combat duty in the Army and doesn’t remember punching Calderon. Steinle says Krause was “flabbergasted” when he saw the video of the incident.”
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At least Wisconsin has as a part of the Criminal Code the CRIME VICTIM COMPENSATION Act.
“Once again, one has to ask what would have happened if this incident occurred off camera. It is very unlikely that any action would have been taken in such a case”
Bingo!!
You must obey de fuhrer. You have no choice unless I give you a choice is the mentality that I have seen in street cops. I like this out of the article:
“His attorney says the former deputy has been diagnosed with post-traumatic stress disorder after two tours of Army combat duty. He says Krause doesn’t remember the attack and was “flabbergasted” when he saw the video. Calderon told the judge he suffered eye and back injuries and is now paranoid about law enforcement officers and what they might do to him. ”
I guess they both have something to be paranoid about. Will De Krause be the Husband or Wife? Top or Bottom, bunk that is.