This is a huge lawsuit for the PD...

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Autolycus

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http://www.post-trib.com/cgi-bin/pto-story/news/z1/09-08-06_z1_news_06.html

Cop job iffy after ride-along

Friday, sept. 8, 2006

By Andy Grimm / Post-Tribune staff writer

HAMMOND — Nick Kokot had a busy night riding shotgun with Hammond Police Sgt. Timothy Thomas last New Year’s Eve.

Wearing fatigues and a bullet-proof vest, and carrying a pistol and sometimes an assault rifle, Kokot patted down suspects during a routine traffic stop. Later he wrestled a suicidal martial artist to the ground as three Hammond cops watched, then subdued an armed man outside a restaurant.

Around midnight, Kokot was only a few yards away when Thomas shot Jermaine Taylor, whom Thomas thought was reaching for a gun.

The fact that Kokot was a civilian, ostensibly with Thomas on a community ride-along, could cost Thomas his job.

After a five-hour hearing Thursday, Board of Public Works and Safety members said they would decide whether Thomas can remain on the force within 30 days.

“Nick Kokot got out of the car and risked his life to protect me,” Thomas told board members. “I think he’s a hero.”

Police Department officials have charged that Thomas did not report Kokot was riding with him the night of Dec. 31, 2005, until the department’s Internal Affairs division investigated the Taylor shooting.

Kokot, a friend of Thomas’, is now an East Chicago police officer, but was not working for any police department when Thomas asked him to join him on patrol.

Taylor has filed a federal lawsuit against the city, claiming Kokot was the one who shot him. Ballistics tests have shown the bullet that hit Taylor was fired from Thomas’ gun, said City Attorney Kristina Kantar.

Police officials said they only learned Kokot had been riding in Thomas’ car Jan. 5, when they read a transcript of Thomas talking to a dispatcher and repeatedly using “we” as he described the situation.

Earlier, Thomas had filed a carefully-worded report on the shooting that didn’t mention Kokot. Department rules for shooting reports require officers only to provide information relevant to their reasons for firing, insisted Thomas’ attorney, John Kautzman of the Indiana Fraternal Order of Police.

“I wrote my report what I believed I would have to testify to in court as to why I had to use deadly force,” he said. “Anytime Internal Affairs asked about it, I told them.”

Police Chief Brian Miller said he saw Kokot at the scene of Taylor’s shooting, but didn’t know he had been involved.

Thomas and Kokot testified they went to a house in the 1100 block of Moss Street around midnight when they heard gunshots. They spotted several men firing shots from the front porch of the house and then from the street.

The men ran back into the house as Kokot and Thomas approached. Thomas said he thought he heard shots coming from inside the house, but didn’t call for backup before he and Kokot got out of the squad car.

“Those two or three minutes (of waiting for backup) for the people inside the house getting shot, could be the difference between living and dying,” Thomas said.

Kokot circled toward the back of the house to cut off the men’s escape, and called out the fleeing men’s positions to Thomas. Thomas, his pistol drawn, approached Taylor between two houses and Kokot said he heard Thomas yell to Taylor to raise his hands.

Thomas said Taylor continued to reach toward his waist, as if to pull out a gun, so Taylor fired four times, striking Taylor in the hand.

Lake County Sheriff’s investigators cleared Thomas of any wrongdoing in the shooting, even after they learned Kokot had been present.

Earlier that evening, Kokot helped Thomas and two other Hammond patrolmen wrestle a suicidal man to the ground. As the officers talked to the man and Thomas shined a flashlight in the man’s eyes, Kokot slipped behind him and yanked him to the ground using a headlock-type move.

“My training kicked in,” Kokot said, smiling. “I thought (the officers) were in a vulnerable position ... we had the gentleman in custody without any problem.”

Earlier still, Kokot, carrying a rifle, stopped a man Thomas suspected was armed and pinned him to the ground until Thomas could handcuff the suspect.

Kokot resigned from the East Chicago Police Department in 2003, after he sued to fight a suspension for using excessive force against a suspect.

Kokot claimed it was because he supported Mayor George Pabey in the 2002 election bid over Robert Pastrick. Kokot was rehired, and started working in East Chicago Jan. 9.

Thomas claimed since he was the only officer that worked the 6 p.m to 2 a.m. “Tango” shift for the department, he was a supervisory officer with authority to approve civilian ride-alongs. He also said his son and ex-wife had accompanied him, and carried firearms, on ride-alongs with him in the past.

Attorney Bruce Parent said Thomas’ explanations for his actions — stating that Hammond policy allowed armed civilians to patrol with police — was “ridiculous.”

“These two gentlemen were dressed like police officers, they were armed like police officers. They were playing police officer,” Parent said in his closing statement.

“Keep your eyes on the ball here. This gentleman armed a civilian and put him out on the street,” Parent said. “The ab-solute arrogance and refusal to accept any responsibility for the rules is ridiculous.

“To allow (Thomas) to hold any position would in some ways condone vigilantism.”

Contact Andy Grimm at 648-3073 or [email protected]

And now this guy is a cop? Somehow if I became all mallninja'ed out I doubt I would have a job offer.
 
There are many times that single officers wil cover 800-900 Sq. miles alone. A single officer is common.

While the officer did show poor judgement, an armed rider is rather common in small rural areas.
 
Interesting situation for sure. Just goes to show you that as an LEO there is NO room for error, perceived or otherwise. The scumbag will sue you on any grounds he can reasonably invent or exploit......and lots of room to do that here.
 
He allowed an armed civilian to ride along and to actively participate in handling suspects, such as patting them down? I hope they both find suitable employment outside of LE.

K
 
He allowed an armed civilian to ride along and to actively participate in handling suspects, such as patting them down? I hope they both find suitable employment outside of LE.


This is hogwash.

A LONE officer is assisted by an ex-police officer during a ride along and people complain.

1. NO officer should work alone, but tax payers are NOT willing to fork out the cash to hire the extra officers. That's wrong. Rather than see money spent on non-contributing members of our society in the form of "welfare", we should be supporting contributing members of society who risk their lives for OUR protection.

2. Many states have statutes that allow officers to grant civilians on the scene with the SAME authority as sworn officers to assist in apprehension.

3. The ride along was not an average civilian, but an ex-police officer, trained in law, the use of force, and fire arms.


While this incident may be against his departments policy, that's all it is in my opinion. A potential policy error. Lets not make it out to be more than what it truly is...
 
The ride along was an ex-cop that had lost (or given up) his job over allegations of excessive use-of-force. Anytime there's a lawsuit in that kind of situation, the cop was usually given the "quit or get fired" speech.

My main concers would be: does Illinois law allow certified-but-not-employed police officers to carry openly? Has the employed officer followed his departmental regs?
 
A LONE officer is assisted by an ex-police officer during a ride along and people complain.

Something similar happened in this area not long ago. Both the officer and his ride along are now deceased, having tried to perform a high risk arrest by themselves, and not having told the sheriff's dept what the plan was.
 
My main concers would be: does Illinois law allow certified-but-not-employed police officers to carry openly? Has the employed officer followed his departmental regs?

Since the incident apparrently happend in Indiana I am not sure what Illinois law would have to say about it.

I am not convinced that what the Sgt did was good judgement. He allowed a situation to exist that made it at least appear something was going on that probably should not have been going on.
 
The officer fired 4 times and only shot him in the hand. The perp should feel lucky and leave it at that. Sounds like they already showed the other guy didn't do the shooting. Sounds like a bad situation all together, but I don't see where the lawsuits shouldn't be thrown out.
 
The mall ninja is real and living in Hammond, Indiana.:D

For those not familiar with "Da Region", aka Northwest Indiana:

Hammond, the setting of The Christmas Story, is a Tetris or "L" shaped city pressed up against Chicago however it is in Indiana, not Illinois. It is very industrialized and busy.

East Chicago is a notorious cesspool of corruption and shennigans. The Kokot's allegations are believable.

I see no reported violations of the Indiana Criminal Code. Is there any civil litigation on this or merely administrative?:confused:
 
I don't see where the lawsuits shouldn't be thrown out.

Someone thinks they can make something that isn't wrong look wrong and make a buck off it.

If this goes to a jury expect to hear alot of, "How does this FEEL to you", "How does this SEEM to you" from the perps lawyer. Legally they have nothing, they will have to appeal emotionally
 
the City of Austintatious instituted a "Buddy Patrol" program in 1973. I rode with city police. Nobody in any official position ever said anything about whether or not we could tote. Some of us civvies did; some didn't. The cops were comfortable, either way.

In rural areas it has long been reasonably common for locals to ride with deputies on an occasional basis. No big deal. All involved know that stuff happens. Sometimes it's funny; sometimes it's tragic.

So's life.

Art
 
BUZZ KNOX - "Something similar happened in this area not long ago."


What "area" would that be? :confused:

L.W.
 
Hmmm, this particular case does have its wrinkles, especially the mall-ninja-ness of K.

I must admit I am sympathetic with the officer and any officer patrolling alone & covering a large area. I'd want capable, armed compnay, FWIW.

I have gone on ride-alongs, before, and it I took my ROE to be "Observe stay out of the way, and only intervene if Mr. LEO looks about to get himself killed." I was not getting paid to do LE, but I could not look my buddy's wife in the face if I did nothing to help him in such an eventuality.
 
third rail said
Funny, I thought police were armed civilians...

No, in this context, a cop is a commissioned peace officer, and the ride-along is a civilian.
 
I have gone on ride-alongs, before, and it I took my ROE to be "Observe stay out of the way, and only intervene if Mr. LEO looks about to get himself killed." I was not getting paid to do LE, but I could not look my buddy's wife in the face if I did nothing to help him in such an eventuality.

Agreed. When you do a ride along, you aren't supposed to be carrying out LE activities, just observing. But if the officer gets in trouble, it ceases to be a concern of not "playing cop" but rather of protecting an innocent life.
 
MrZ

No argument with your comments about the community not committing enough resources to provide proper back-up for the LEO. But, my point is that allowing this armed ride-along, LE trained or not, exposes the PD to huge potential liability had he used deadly force, or even its threat, inappropriately.

K
 
absolutely recockulous....

Leave the officer alone....he played by the rules...as we ALL (should) do. If they dont like the rules anymore, change 'em.
 
a single cop on a whole shift. now that's ridiculous.
When I worked graveyard shift in Avenal, CA, pop. 8,500, (if you count the 4,000 prison inmates) I worked alone three nights of the week from two to eight in the morning. Closest backup officers were in the next town thirteen miles away.

Pilgrim
 
The officer played by the rules, except for the whole part where he took an officer who had been expelled for excessive force and let him ride along in uniform with a gun as if he were a full officer.

Does indiana allow open carry? Does Mr Not-actually-an-officer have an IA carry permit? Does he have permission to impersonate a police officer?

Then there are the issues of everyone he tackled and restrained while "on duty" that nigh- is he protected by qualified immunity if he isnt actually an officer performing his duties in good faith?

One fact I am unsure about is whether he was in a police officer's uniform that night. The plaintiff's attorney seems to say yes, but no one else has mentioned it, so it could be untrue.
 
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