According to court documents and evidence presented in court, on Sept. 16, 2021, John Winstead was working as a federal task force officer when he willfully deprived arrestee K.K.H. of the Fourth Amendment right to be free from objectively unreasonable force. K.K.H. was arrested during the Task Force operation and was already handcuffed and in the process of being escorted safely by another officer when Winstead struck K.K.H. forcefully in the face, knocking him to the ground.
A former Mississippi Bureau of Investigations Officer assigned to the U.S. Marshals’ Gulf Coast Regional Fugitive Task Force pleaded guilty today to using excessive force against a handcuffed arrestee.
“Civil rights prosecutions are a priority for the Justice Department, and we work each day towards protecting the constitutional rights of every citizen,” said U.S. Attorney Ronald C. Gathe for the Middle District of Louisiana. “I commend the local and federal partners who worked with our district in ensuring a fair and equitable resolution. May this serve as an example of how collaboration with the Justice Department provides justice in prosecuting the violators of our civil liberties.”
“Law enforcement officials in our country are entrusted with the responsibility to protect and serve communities, not to exploit and abuse them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant violently abused his power by using excessive force against an arrestee in his custody who was handcuffed and posed no threat. The Justice Department is committed to holding accountable officers who violate the civil and constitutional rights of people in their custody.”
“We trust law enforcement officers to carry out their duties honorably and with integrity,” said Special Agent in Charge Eric R. Fehlman of the Department of Justice Office of the Inspector General Southeast Region. “Winstead did just the opposite by using excessive force on a handcuffed arrestee. The Department of Justice Office of the Inspector General (DOJ-OIG) is committed to bringing to justice federal law enforcement agents who abuse their authority.”
“The defendant assaulted a handcuffed arrestee who posed no threat to him or to the other escorting officer,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division. “The FBI will not tolerate violation of anyone’s civil rights, regardless of incarceration status.”
DOJ-OIG and the FBI Jackson Field Office are investigating the case.
A sentencing hearing will be scheduled at a later date. Winstead faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Ellison Travis for the Middle District of Louisiana are prosecuting the case.
- Shooting Victim Leaves Baltimore Hospital Before Police Arrived
BALTIMORE, MD — Early Friday morning, Baltimore Police responded to reports of a shooting victim at a local hospital, only to find that the individual had already left the facility. The initial call came in at about 6:15 a.m.
Shortly after, at approximately 6:45 a.m., police were dispatched to the 7000 block of McClean Boulevard following another shooting report. Upon arrival, officers found a 34-year-old man with a graze wound to his arm. The victim stated the shooting incident occurred around 12:30 a.m.
Northeastern District detectives are actively investigating the circumstances surrounding the incident. The police are urging anyone with information related to this case to come forward and contact them at 410-396-2444 as the investigation continues.
- New Jersey Man Gets Maximum Sentence in Cat Torturing Case
FREEHOLD, NJ — Bani J. Mezquititla, a 19-year-old from Asbury Park, has been sentenced to five years in state prison after being found guilty of torturing and killing his pet cat. The sentencing occurred on Thursday, as announced by Monmouth County Prosecutor Raymond S. Santiago.
The court also ordered Mezquititla to pay for the necropsy of the cat and issued a permanent ban preventing him from owning, residing with, or having custody over any animals. The ruling was handed down by Monmouth County Superior Court Judge Chad N. Cagan.
The investigation into Mezquititla began in March 2023 after a concerned citizen reported the deceased cat to the Asbury Park Police. Authorities, including the Monmouth County Society for the Prevention of Cruelty to Animals (SPCA) Humane Law Enforcement Division, found that Mezquititla had sexually abused the cat and subjected it to further acts of torture leading to its death.
Following his arrest on the day the investigation started, Mezquititla has been held at the Monmouth County Correctional Institution. In April, he pleaded guilty to third-degree crimes of animal cruelty by tormenting, torturing, or cruelly abusing a living animal, resulting in its death, and using an animal in a sexual manner.
Prosecutor Santiago described the case as reflecting "greater depths of depravity" and highlighted the sentence as one of the most substantial penalties for such an offense in New Jersey's history. He expressed hopes that this outcome would satisfy the community and those nationwide who demanded justice for the animal, known as Ellie.
- State Investigating Suspect Death After Two Cops Shot in New Jersey
TRENTON, NJ — The New Jersey Attorney General's Office has initiated an investigation into a fatal police shooting that took place in the early hours of Thursday in Woodbridge Township's Fords section.
The incident began on Wednesday when Edison Police were alerted by an Automated License Plate Reader about a vehicle linked to a serious shooting in New York City. This vehicle was subsequently located unoccupied at the Royal Albert’s Palace hotel on King Georges Post Road in Woodbridge. New York City Police Department detectives joined the scene to assist with the investigation.
During a civilian interview at the hotel, around 12:21 a.m. Thursday, gunfire erupted as the person of interest from the NYPD’s investigation emerged from an elevator. The preliminary report indicates that the suspect reached into a backpack, prompting an exchange of gunfire with law enforcement. The suspect and two police officers were struck during the shootout.
The injured, including one Woodbridge Police Department officer and one NYPD detective, received immediate medical attention and were transported to a hospital in New Brunswick. They have since been discharged and are reported to be in stable condition.
The suspect was pronounced dead at the scene, and a handgun was recovered alongside evidence from multiple firearms. The ongoing investigation will further analyze the circumstances and the evidence collected at the scene.
- CNN Says No Notes for Upcoming Debate Between Biden and Trump
CNN has announced the final guidelines for the eagerly anticipated presidential debate between President Joe Biden and former President Donald Trump, scheduled for June 27. The debate, hosted by CNN’s Jake Tapper and Dana Bash, will run for 90 minutes and include two commercial breaks.
In a move to streamline the proceedings and avoid the chaotic exchanges that marked their previous debates in 2020, the candidates will not be allowed to consult with their campaign staff during breaks, nor will they be permitted to bring pre-written notes onto the stage. However, they will be provided with pen and paper to jot down thoughts during the debate.
The format includes muting microphones when it is not a candidate’s turn to speak, a measure aimed at curtailing interruptions and ensuring a more orderly discussion. Additionally, there will be no studio audience, which could help moderators maintain better control of the event.
The debate topics are likely to center around key issues such as the economy and immigration, areas where Trump is perceived to have an edge, according to recent polls. Biden, meanwhile, is expected to focus on defending his record on abortion rights and addressing the controversies surrounding Trump, including his legal challenges.
This debate offers Biden an opportunity to address concerns about his age and mental sharpness, as the 81-year-old president faces scrutiny over his capability to continue leading the nation.
- Case Update: Court Opinion on DUI Driver Who Rear-Ended New Jersey DOT Truck in Toms River
Driver admitted to using heroin after first responders could had difficulty with veins
TOMS RIVER, NJ - In a recent legal battle, Thomas A. Fredella and his ex-wife, Kelly A. Kearney, brought a negligence lawsuit against several New Jersey state departments and the Township of Toms River, stemming from a severe car accident on Route 37. The case highlights intricate legal and scientific inquiries into the effects of drug impairment on driving.
The accident occurred when Fredella, driving under the influence of heroin, collided with a stationary Department of Transportation (DOT) truck involved in road clearance. The crash resulted in serious injuries and subsequent multiple surgeries for Fredell. During the legal proceedings, the focus turned sharply on whether Fredella’s heroin use impaired his driving to a degree that contributed significantly to the accident.
According to a recent court document, "Plaintiff drove into the back of the DOT truck, resulting in severe injuries to his right leg. When emergency medical technicians (EMTs) arrived and had difficulty locating a vein to administer medication to plaintiff, he told them that he had used heroin earlier that day. The Township claimed plaintiff was contributorily negligent and a proximate cause of the accident because he was inattentive while driving and was under the influence of heroin."
At trial, the State's medical expert, Dr. Lawrence Guzzardi, testified that Fredella's heroin consumption earlier on the day of the accident led to impaired vision due to pinpoint pupils, a common effect of opioid use. However, the application of this testimony in court faced scrutiny. Fredella's defense challenged the admissibility of Dr. Guzzardi's testimony, particularly criticizing the lack of a pre-trial Frye/Daubert hearing that would assess the reliability of the expert's methodologies.
The lawsuit against the NJ DOT was reportedly settled.
"Prior to trial, plaintiff and Kearny reached a settlement with the DOT and the Department of the Treasury (the DOT settlement). A jury returned a verdict finding that all parties were responsible for the accident, allocating fault as follows: the plaintiff was sixty percent responsible, the Township was twenty percent responsible, and the DOT twenty percent responsible. Based upon this verdict, the plaintiff did not receive any award of damages," according to the lawsuit.
The trial court ultimately denied the motion for a Frye/Daubert hearing and accepted Dr. Guzzardi's testimony, leading to a jury verdict that found Fredella mostly at fault due to his drug use. The comparative negligence law of New Jersey, which bars recovery for plaintiffs found more than 50% responsible, meant Fredella received no damages.
Fredella appealed, arguing that the trial court erred by not holding a Frye/Daubert hearing and by incorrectly instructing the jury on the law regarding settling defendants. The appellate court has now remanded the case for a detailed analysis under the Daubert standard, which will further examine the scientific validity of the expert's testimony.
This case underscores the complexities of integrating medical science into legal arguments and the critical role of expert testimony in determining the outcomes of negligence suits involving substance impairment. The ongoing proceedings will likely set a precedent for how similar cases are handled in New Jersey, particularly concerning the admissibility and impact of expert testimony on drug impairment in vehicular accidents.
The Crash
A motorist struck a deer while driving on Route 37 at approximately 7:00 p.m. on the day of plaintiff's accident. After the accident, its carcass lay across the right lane, with some innards and organs strewn into the center lane of the roadway. Officer Justin Lammer responded to the scene within five minutes, at 7:10 p.m. Lammer did not recall any details about the accident or seeing the deer and left the scene at approximately 7:54 p.m. At 8:12 p.m., DOT received a call from dispatch to remove the deer carcass.
At trial, Lammer agreed that per department policy, he was required to move animal carcasses to the side of the road if he could safely do so. Lammer stated if an officer could not move a carcass or any other type of obstruction from the road, the officer had to wait on the scene until the carcass was removed.
At 8:41 p.m. three DOT workers arrived-two in a pick-up truck with flashing lights and one in a safety truck with flashing lights and an arrow board-to direct traffic. The record is unclear as to whether the arrow board was lit at the time of the accident. The DOT workers did not set up any additional safety precautions, such as cones or signs. The DOT trucks were initially parked on the shoulder lane of Route 37, but about a minute before the accident, they moved off the shoulder and parked in the right lane to begin the carcass removal process.
Plaintiff drove onto Route 37 from an exit ramp off the Garden State Parkway. He recalled seeing taillights driving about "two football fields" ahead of him. After merging onto Route 37, plaintiff moved to the center lane, then back to the right lane, when he struck the rear of the DOT safety truck. Plaintiff testified he did not see any vehicles ahead of him before he hit the truck and did not see any lit signs or flashing lights.
Plaintiff presented testimony from an accident reconstruction expert who testified that regardless of plaintiff's lane changes or whether the arrow board was on, he did not have sufficient time to stop his vehicle and avoid the collision.
Plaintiff sustained a severe open fracture in his lower right leg and had multiple breaks in the bone. Between November 2016 and February 2018, he underwent more than a dozen surgeries due to complications arising from infections and bone alignment. Ultimately, due to reoccurring risk of infection, plaintiff planned to have his leg amputated based on his doctor's recommendation.
Heroin Evidence
The plaintiff testified he told the EMTs he had used two bags of heroin the day of the accident, either late that morning or early that afternoon because they had difficulty finding a vein to inject the medication. According to the plaintiff, the amount of heroin was the equivalent of drinking three beers and affected him for no more than thirty to forty-five minutes. Neither the police reports nor the EMT records noted the plaintiff as being under the influence of any substance, but the EMT records noted that the plaintiff had "pinpoint" pupils, measuring at two millimeters.
There were no laboratory tests confirming the levels of heroin in the plaintiff's system at any time relevant to this matter.
Source: https://casetext.com/case/fredella-v-twp-of-toms-river
- New Jersey Shore Town Implements Backpack Ban on Boardwalks and Beaches
WILDWOOD, NJ — In response to chaotic scenes over Memorial Day weekend, the City of Wildwood has enacted an immediate ban on backpacks and other large bags on its boardwalks and beaches. The decision, made by the Board of Commissioners on Wednesday, aims to prevent the recurrence of the large and unruly crowds that prompted a state of emergency last month.
Local residents and visitors will now see heightened security and restrictions when accessing these popular areas. Timothy Blakeslee, a beachgoer from Wildwood, expressed mixed feelings about bringing his daughter to the beach under these conditions, reflecting community concerns about safety.
The new regulation is part of a broader effort by Wildwood city leaders to maintain order and ensure the safety of all patrons on the boardwalk and beaches, especially during peak tourist seasons. The city is taking a proactive approach to manage crowds and prevent disturbances, hoping to provide a more controlled and enjoyable environment for everyone.