Chief suspends 5 Milford cops

12/02/2006

Phil Helsel , Register Staff

MILFORD — Five police officers were handed one-day suspensions Friday for lapses in judgment and violations of police procedure the night in October a 24-year-old Bridgeport man died of a cocaine overdose while in police custody. And like two emergency dispatchers who were fired this week for joking about Nicholas G. Brown’s condition during an emergency call, one of the five suspended cops had made light of Brown’s condition. The officer had told a supervisor, "If you want a good laugh, look at the guy in (cell) M3," according to Police Chief Keith Mello.

"They’re good officers, but in this case they violated policy," said Mello, who released an internal affairs report and announced the suspensions Friday. "I believe this discipline is fair. ... A suspension is a serious form of discipline; it’s one step below a termination."

According to the report, many police procedures designed to make sure prisoners don’t overdose on drugs were not precisely followed:

‰Physical checks of holding cells are required every 15 minutes, but checks weren’t done that often.

‰A supervisor made what Mello called "an improper assessment" of Brown’s condition and relied on a lower-ranking officer’s judgment not to immediately call an ambulance.

‰A lieutenant who was supposed to make sure physical checks were being conducted didn’t fulfill his responsibility.

Brown died of a cocaine overdose Oct. 19, more than five hours after he was shocked three times with a Taser stun gun and swallowed something — possibly the cocaine that killed him — while being arrested outside Red Roof Inn on Rowe Avenue.

Although Brown told officers that he swallowed two partially burned marijuana cigarettes, he was not taken to the hospital until he became gravely ill while in the police holding cell. The internal affairs investigation shows police noticed Brown was hallucinating almost 45 minutes before paramedics were called, but Officer Jeffrey Cortes told his supervisor an ambulance wasn’t necessary.

The report says Cortes called his supervisor, Sgt. Kenneth Walewski, at 8:32 p.m. that night and told him Brown appeared to be talking to a toilet. Cortes joked, "If you want a good laugh, apparently whatever it is he swallowed is affecting him now, but he’s seeing stuff," but he told Walewski that he didn’t think Brown needed an ambulance.

At 9:16 p.m., it was apparent Brown did need an ambulance. He was able to walk to a waiting ambulance under his own power, but went into a seizure almost immediately after being placed in the vehicle and died en route to Milford Hospital.

Mello also showed a video taken of Brown sitting in the cell block before he became ill. Brown is seen calmly sitting in his cell most of the time, but begins taking his socks and shirt off around 8:30 p.m. After paramedics arrive, Brown appears to be talking to officers and somewhat coherent, although there was no audio of what was said.

"I can’t believe this; oh, my God," was all Brown’s mother, Lori Brown of Stratford, could say Friday afternoon when told of Cortes’ comments and the 44-minute delay in calling paramedics. "Every minute counted with this. ... I don’t know what to say."

Cortes was suspended for "conduct unbecoming an officer."

Other officers suspended were probationary Officer John Kranyak, who didn’t physically check on Brown every 15 minutes; Walewski, who Mello said made an "improper assessment" and should have called paramedics after getting the call from Cortes; Lt. Joseph Pietrafesa, who didn’t make sure Kranyak was making physical checks; and Lt. Victor Daniels, who as shift commander was responsible for everything that occurred that night.

This week, fire dispatcher Teresa Burrows and civilian police dispatcher Steven Gifford were fired for jokes they made during the 9:17 p.m. emergency call that night; a union vice president representing Burrows said Friday that both were "made scapegoats" for Brown’s death.

Burrows joked to Gifford that night that "maybe he (Brown) should have double-bagged it or something," referring to the suspected drugs he swallowed. Gifford described Brown’s condition as "doing the funky chicken," according to 911 transcripts.

"We’ve got two dispatchers who were made scapegoats," said Daniel Hunsberger, vice president of the state branch of the International Association of Fire Fighters. "It’s obvious there was a disproportionate punishment given."

Mello said that Gifford was fired while Cortes was only suspended because — despite the joking tone of the call — he was basically giving a heads-up to Walewski that Brown was acting strangely. Gifford, Mello said, made his jokes after he knew how serious the situation was.

Lori Brown said that the whole thing stinks of a cover-up, and she was not surprised to hear of the suspensions. She is considering filing a wrongful death suit against the city and Police Department; her attorney filed court documents last week to explore chances for a suit.

"They (police) are clearing their own name," she maintained.

But Mello said called the investigation "thorough, comprehensive and transparent."

Mello showed surveillance video of the cell block where Brown was kept to reporters Friday, and made police reports and the internal affairs investigation reports public.

Jeff Matchett, president of Milford Police Union, Local 899, said he hasn’t seen the report and doesn’t know if any of the officers will appeal the suspensions. Mello said all of the suspensions were for policy violations and no criminal charges would be filed.

The investigation found use of the Taser was justified. Police were called to the motel because Brown was sleeping in a car outside, and Kranyak and Officer William Cable both used the Taser on Brown after Brown tried to run and kept reaching into his pockets, police said.

Police said at the time of Brown’s death he was only shocked twice with the Taser. A police report says he was shocked twice after he tried to run and once when he reached into his pocket. Mello blamed the inconsistency on confusion between the officers involved.

Phil Helsel can be reached at 876-3028 or phelsel@nhregister.com.