CHP officer pleads guilty to assault

[xraodcop]

http://www.signonsandiego.com/news/northcounty/20070615-9999-7m15kennedy.html

June 15, 2007

VISTA – A California Highway Patrol officer pleaded guilty to misdemeanor charges in Vista Superior Court yesterday for pushing a man in handcuffs to the ground and manhandling him.
Brian David Kennedy faces up to 60 days in jail and an unspecified term of probation under a plea agreement approved by Judge Aaron Katz, said Paul Levikow, a spokesman for the District Attorney's Office. The judge set a sentencing hearing for July 25.

Kennedy, 44, pleaded guilty to misdemeanor charges of assault under color of authority and filing a false report, Levikow said.

In exchange for the plea, Deputy District Attorney Robert Kearney agreed to dismiss a misdemeanor battery charge and reduce what had been felony charges against Kennedy to misdemeanors, Levikow said.

Kennedy, who was on administrative leave with pay while his case was pending, agreed to resign from the CHP as part of his plea agreement.

A 16-year CHP veteran, Kennedy was working overtime on the Fourth of July holiday in 2006 when he arrested Andrew Chase, 23, of Encinitas on suspicion of driving under the influence.

Kennedy drove Chase to the Vista jail, where the two men exchanged words outside the patrol car. Kennedy pushed Chase to the ground while Chase's hands were handcuffed behind his back. He then lifted Chase and forcibly placed him on a nearby bench. The incident was recorded by a video camera at the jail.

Defense attorney Lawrence Frankel has characterized Kennedy as a good officer who had a momentary lapse in judgment.

[SgtCHP]

Sad! A good career down the tubes for what? A lapse in judgement and allowing an arrestee to get the upper hand in a verbal debate!!!

[retired]

Sad! A good career down the tubes for what? A lapse in judgement and allowing an arrestee to get the upper hand in a verbal debate!!!

Sadly it happens all too often. I've seen many a good cop lose their job for incidents of this nature.

[bigislander72]

Sadly it happens all too often. I've seen many a good cop lose their job for incidents of this nature.

Guess he should have kept his cool. Many people who would be good cops are not even considered for hiring due to lesser lapses in judgement. At least they are only misdemeanors, gets to keep his guns.

[18C3V]

never argue with a drunk.

[texaschickeee]

never argue with a drunk.

AMEN
and the sad fact is, the drunk has more rights the the officer. a moments lapsed...and a wasted carreer.

[irishdep]

AMEN
and the sad fact is, the drunk has more rights the the officer. a moments lapsed...and a wasted carreer.

Isn't that the truth! Good luck in whatever he does next.

[Fëanor]

60 days in jail would be too extreme. Then again, I am not the guy who got pushed to the ground while wearing handcuffs. That would not be fun.

It's a shame he lost his temper, he almost made it. They were at the jail, he just had to put up with the idiot a little longer.

and the sad fact is, the drunk has more rights the the officer

I don't know about that. What would've happened to the drunk if he would've handcuffed the officer and pushed him to the ground?

[LeanG]

Sad. 16 years of service...And the drunk probably had the charges dropped...Sad.

[pulicords]

Very sad. Sixteen years, career, retirement in the not too distant future...All gone in moment's flash of anger. I'll always believe that the most dangerous risk to our career is ourselves. Not because bad people aren't out there to harm us, but because everytime we encounter one we run the risk of doing something stupid.

[tony.o]

He ought to go looking for the guy cause the next encounter wouldn't be done under the color of law.

[xraodcop]

CHP Officer pleads guilty to assault

I thought I'd post this and see what the comments were.
My CHP Career was thirty and a half years. In that time, if you struck a handcuffed prisoner--at all--YOU were fired overnight!
What gets me is that the Officer was on administrative leave with pay while his case was pending.
EXPLANTIONS:
1. He has a Captain of the Office that will not hang him out. He does. I retired from Oceanside Area, and the Captain there will not fire a man for trivial stuff.
2. Maybe the Departnent did not think it was that serious. Certainly they had a copy of the tape.

In some cases, Officers were threatened with punitive action, then offered a chance to resign before the action was taken
Why do that?
If you resign before a decision is made on your case, a future potential employer (Anyone outside of Law Enforcement) only gets to see that you resigned.

REMEMBER--The Prosecutor is NOT your friend