San Luis Obispo slated to pay $195,000 for alleged police brutality
December 18, 2009 3:40 pm
By KAREN VELIE
San Luis Obispo taxpayers are in line to pay $195,000 to a local business owner for alleged excessive force by police officers during a case of mistaken identity and police negligence.
Attorneys for both the city and Jeff Milne, owner of Babbo’s Pizzeria, have agreed to accept mediator Dave Peterson’s settlement suggestion. City council members are expected to approve the proposed settlement.
“Both sides have reached what they believe to be a fair resolution,” said attorney for the city, Jay Hieatt, of Hall Hieatt and Connely Attorneys at Law.
In July 2007, Milne arrived home after hiking up Bishop’s Peak, took off his shirt, shoes and socks and was settling down to watch television when four police officers descended on his home at 366 Christina and banged on the front door. Milne readily admitted the officers to a living room decorated with pictures of him and his family, asking, “I live here. What’s going on?”
According to court records, the officers ordered Milne to place his hands in the air and began frisking him. Upon discovering a knife in his pocket the officers pepper sprayed Milne and threw him face first to the ground.
“They kept bashing my face into the floor,” Milne said. “One officer tweaked my neck when he turned my face so another officer could force my eyelids open while another officer pepper sprayed me a second time.”
Officers than lifted Milne up from the ground by the handcuffs, kicked his legs out from under him and frisked him again, Milne said. At this point, officers discovered a gun in the bruised and bleeding man’s pocket.
“I had brought guns out to clean so I could go target shooting with a friend,” Milne said.
The cops huddled; this house call apparently was not what they had been expecting. Acting on a tip from a neighbor’s 10-year-old girl about a man forcibly entering the house, the officers – three from the city of San Luis Obispo, another from Cal Poly campus police – would later testify that they were prepared to confront a burglar. Instead, they found Milne at home.
After the cops had conferred among themselves, Milne was booked into County Jail, charged with resisting arrest and obstructing an officer. He spent the night behind bars, dressed only in a pair of jeans.
Attorney Louis Koory of James McKiernan Lawyers successfully defended Milne on the criminal charges and filed a claim alleging police misconduct; unlawful arrest; excessive force; assault and battery; violation of civil rights; spoliation of evidence; and negligence.
“I’ve incurred two wrist surgeries,” Milne said. “I have three herniated disks and my seventh vertebrae is not lined up with the others.”
According to court records, police officers allege that none of their on-scene radios or police cameras were working during the arrest of Milne. In addition, San Luis Obispo Police officials claim that interrogation room audio and video recording equipment malfunctioned during the questioning of Milne, leaving no recordings available for the trial.
The officers involved are identified as Jeff Koznek, Amy Chastain, Crystal Locarnini, all of San Luis Obispo’s department; and Max Schad, Cal Poly police.
“If I had to do it over again, I would just call 911 and duck,” Milne said.
Daniel Blackburn contributed to this article.
A perfect reason, real Americans don’t always like cops either.
However, with out knowing the whole story, the one fact that elludes me, resisted arrest, the charge booked on.
How did that happen to begin with, the man opened the door, and willingly allowed the officers inside.
Forget the money, we should have their 4 badges, NOT for making a mistake, but worse, TRYING TO COVER IT UP.
As for the money, who is going to pay for all that loss of physical ability.
(on a side note, back to trusting what a kid says over an adult….. not too bright)
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Question: so is the Slo PD trying to hide the fact what happened?? If they are ashamed what the police officers just did then why didn’t they suspend them?
My opinion in this is that the four police that attacked him are the criminals because first of all..
Milne who did not resistant an arrest and which he invited the four police over inside and said that he lived there. So he was being cropadive
The four police which can see there are pictures of him and his family on the wall in the living; where the police officers were. So they had no right at all to search him and had no right to attack him at all…
Milne which was not questioned first if he was the owner of the house or not
Second of all he only had a knife on him and they just pepper stray him.. couldn’t they just ask him to give the knife to them.. and then handcuff him but no they had to pepper spray him and pin him to the ground and beat him up then handcuffed him…
The police then found a gun while he was handcuffed then later was once again pined down while handcuffed and beat up defenseless. Open his eyes and pepper sprayed his eyes.
Nothing happen to the 4 police officers
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WOW? 195K? doesn’t make sense. If it happened exactly this way, a 195k is chump change. My feeling is he was advised by attorney to take the deal because of the knife and gun issue. Just a guess, maybe the jury might feel the officers felt “threatened”. Especially with the absense of any audio or video. It’s too bad.
SLO PD has ahistory of this. Remembe about 10 yrs. ago when a young SLO PD officer broke a college student’s arm, who was doing NOTHING.
And Milne being being prosecuted? WTF!! tax payer money down the drain.
Union Pacific Police? hadn’t heard any complaints, but the interesting thing is the rail cop is a former Morro Bay Police Officer who resigned instead of being fired.
Ian Parkinson? former Morro Bay cop and high school grad. Not a nice guy when he was on the MB force. Hope he doesn’t become sheriff. I had personal dealings with him as an officer in MB and we was totally UNPROFESSIONAL.!!!!
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I, too, am amazed that anyone finds the SLO PD story of all recording and video equipment malfunctioning simultaneously to be credible. This stinks to high-heaven.
I’ve also heard some incredible stories of out of bounds behavior by the SLO railroad police. Someone ought to take a look at them too.
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If this leaked, $195K settlement, actually occurs, I’d expect the next headlines to read: “After decades of presents in the San Luis Obispo community, James McKiernan Lawyers permanently closes its doors. Sources suggest that their representation in the ‘Milne’ suite seriously smacked of back-door influences with the city, all of which encouraged and resulted in a ridiculously low, settlement amount. With this association, there is little chance that anyone needing legal services will ever again consider this firm.”
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let’s get things straight, is this about some personal vendetta that YOU have against this law firm??? Because it seems to me as though Mr. Milne has no criminal record pertaining to evading arrest today due to his criminal trial being successfully won by his attorney whom happens to be employed at the firm that you say is worthless. It seems to me that if this worthless attorney and law firm never cleared him of the criminal charges, then there would be no civil trial to even consider. Before making comments, why not try a little research and remember that this is about Mr. Milne and not your personal frustrations.
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I would certainly expect that he was cleared of criminal charges. Don’t know how much it cost him but it shouldn’t have been too difficult. I had a friend in Redondo Beach that something similar happened to. It took all of one hearing that lasted about 3 hours. The judge was furious with the police and the DA, he told them all off before finding for my friend. Like I said , what criminal charges did they even have to clear Mr. Milne of? Sounds like the police were the criminals.
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Methinks that the “closed law firm” has been prior burned by the firm, now wallowing in sour grapes … hence they ignoramously vent in the blog and want to see the firm closed and doesth protest too much gainst them – embarrassingly bypassing the issue in the article..
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Yeah, I normally sit in my easy chair with no shirt on, watching television with a knife and a gun in my pockets. Something smells in Denmark. I’m not backing the PD’s action, but something isn’t adding up. In addition, there were two female officers involved. I think they all need to meet at the White House and have a beer with Barry.
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O.k. so you are sitting cleaning your guns, there is a knock at the door and not knowing who it is, you put the gun in your pocket before answering the door so there is no gun sitting in the open.
I’m sorry this is America and if the gun is legal and you are in YOUR HOME, that is not illegal last I knew.
Sitting in your house with no shirt?? Wow if that is against the law or implies crime, we better start rounding up a lot of men in this country. Good God they may sit around in their underwear next!!
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Something smells in Denmark not to blame Denmark! it is your comment that is the stinking troll. and we don’t like any stinky troll y comments here.
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I will be on the Dave Congalton KVEC show at 4 p.m. to discuss this issue. Turn your radio to 920 AM or listen live at http://www.920kvec.com.
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So, the police respond to a burglary call, with three SLO officers and a Cal Poly officer; the are let into the home by a man that “might” be a burglar (why would a burglar even open the door?), the officers do not give the man the chance to retrieve his identification, they don’t notice the family pictures around the room, all of their recording devices are “malfunctioning”, the wrestle him to the ground, they pepper spray him not once, but twice, even prying open his eyes for the second dose, they arrest him and the recording devices in the interrogation room “malfunctions” as well. Have I got the gist of the story correct? Wow. Every officer involved should be on suspension, the city attorney should be sweating bullets as to how much the city really should be made to pay for this man’s suffering, injuries and embarrassment, not to mention the fact that he was in his own home at the time of the arrest. I say the city is lucky this man wasn’t from a minority race, or there would absolute hell to pay. Chief Linden, you have failed here as to answering to the public for the actions of your officers. And a citizens oversight committee is desperately needed to oversee all law enforcement actions in the county. This should not have happened, and should never again.
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What do you expect. They have a high school education if that and six months of training. We pay them 100K and give them a gun, Any freeking idiot can be a cop.We are living in a dangerous society,
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Mr. Milne, I agree with Bluebird, your attorney ‘sold you out’. Don’t settle for $195,000. They kicked your butt big time, now if you really don’t want this to happen to any other citizen, you need to kick theirs back. Take this to a jury, you will be awarded so much more. We need to make an example of the police who acted like criminals, just looking at your injuries (particularly your elbow) makes me hurt, not to mention the pepper spray twice! The SLO PD don’t appear to be taking any responsibility for this, they will pay a smitten of what you are due and then close the door. Save us all Mr. Milne, fire your attorney and tell them NO DEAL.
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I wouldn’t exactly attack the attorney on retainer in this situation. In my particular opinion Mr. Milne, it seems to me that your attorney did a very good job seeing as he was able to win the Criminal case against the city of SLO, something that has not happened in the past that frequently. I’m sure that there are many situations that need to be taken into consideration when going into trial, for example not all Jurors think alike and may not award a verdict that is more than the 195,000$ that SLO is offering. I do however agree that you deserve much more and going to trial will most likely help that occur and good luck sir! As for your attorney, it seems as though if he was able to win your criminal trial in SUCH a conservative and close minded law enforcement town—then i’ll be ready to bet he’ll be you’re best pick when it comes to the civil trial. Best wishes Mr. Milne.
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Without the pictures it would be impossible to picture the brutal beating the SLO PD inflicted on their victim. This is worse then what the two Arizona transients did to the man they met on the tracks. These are rogue cops who should not be on the street ever again. It appears that Milne’s attorney sold him out. I can’t help but wonder if he as well as the mediator is part of the whole good old boy system in SLO county.
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Police Unit Recorders, worn by the officers (a light lets the officer know if the unit is turned on), are required as part of department policy to be on during this type of call. Not having them on is a reason for an officer to be written up. Probably why they claimed they malfunctioned. Does anyone find it odd that three malfunctioned on the same evening?
Wasn’t one of the officers involved, Amy Chastain, in a relationship with one her supervisors, the one currently running for sheriff, at the time of the alleged excessive force? Could this be why department heads see nothing wrong with this incident?
From Ian Parkinson for Sheriff’s web site: “Ian is directly responsible for the adoption and installation of the integrated Mobile Data Computer and Mobile Video Camera units in all patrol cars. In recognition of his outstanding service, he was twice awarded the department’s Distinguished Service Award.
Whose responsibility is it that none of the recording systems where operating the evening they mistook a homeowner in his own home for a burglar, including the interrogation room audio and video systems? Why didn’t they ask for ID or look at the pictures on the wall? And why with these photos clearly showing assault, was there not an investigation and action taken by the Chief or her Lieutenant against these officers?
And lastly, would this type of behavior have been OK if they had come across a thief and not an innocent homeowner?
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Looks like the girls got a little out of hand. This definetly doesn’t pass the smell test. If they would have been all white males I’m sure the outcome of this would have been a whole lot different.
The city got off cheap on this one.
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This is a disgrace. I agree that this smells fishy. He should be getting a lot more. Of course the City always tries to wiggle out of things any way they can. Also, these cops should be fired. No excuses.
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Ya, really fishy, I think the way it comes down is he accepted a pittance in order to protect his business.
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Disgraceful. Not nearly enough of an award.
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If I were Mr. Milne, I would not settle this for 195K. Considering that he has 3 fractured vertebrae and has undergone two wrist surgeries. These injuries combined with the false imprisonment, negligence and excessive force call for extreme measures. The city has tried to sweep this travesty under the rug and might have got away with it while they settled behind closed doors. This isn’t Watt’s or Compton, this is San Luis Obispo. There is no excuse for this sort of posturing. I believe that at least a couple of these officers should be prosecuted as criminals. The forcing of Mr. Milne’s eye lids open to spray him in the face a second time is tantamount to torture. Mr Milne answered his door and invited the police in while assuring him that he was in his own home, how difficult is it to ask for an ID? NO EXCUSE FOR THIS, these police sound like they were high on something.
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KSBY has picked up a short version of this story. Here is what Linden has to say,
“The police department has maintained its officers acted appropriately.”
BARFFFF, I suggest people get over to KSBY and start posting, the public can’t let this slide, something has to be done about these 4 ‘gang bangers’ in the blue uniforms.
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I wonder what our Chief is doing about these officers. What about it Deb, what are you doing about this? Well, what are you doing about this???????????????
Obviously we need another look at the cop contract, if this case happened as reported here and these cops are allowed back on the street we have a big problem with management. This should have been resolved days after the fact, what kind of cretins need almost 2 1/2 years to resolve a simple case like this? A competent Chief would have taken care of this right away, transparently. What a travesty. I say Mike Brennler for the new Chief of SLO.
And the idiot comments about the tapes and video, sounds like third world dictatorship nonsense to me. Maybe the Chief and those four cops should pay the fine, and then do some time.
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Max Schad is the bottom scum of police officers…he pulled me over while i was a DD and lied about several things i had been doing…i’ve gotten tickets before that i’ll admit to but this guy is ridiculous. he was extremely rude before i even talked to him.
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Just can’t trust state of the art equipment recording equipment nowadays, I suppose. Better fire the requisition officer.
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Good thing he wasn’t wearing Mardi Gras beads.
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Cindy mentioned here months ago about needing a police commission. A few disagreed if one was really needed. I wonder if anyone at this point still feels that there is no need to look into a commision?? I agreed with her then. EVEN MORE NOW!!!!
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P.S. I am sick and tired of thug cops thinking they are above the law and don’t have to answer to the people. Anybody else about had enough???
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Many are, Someone made a list.
http://www.unknownnews.org/policelog.html
This story is on it.
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BTDT, I didn’t say we need a “police commission”, I said we needed a citizens “over-site committee”. Of course this would include the police , we have a lot more “all around problems” to keep an eye on. I’d like to see a committee enacted that can deal with all the local gov travesties/GOB’s, no need to reinvent the wheel later, just one clean vote and one commission that can exercise some real problem solving and dispatch their just decisions/verdicts , forth width.
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I wish the cops reponsible for the beating would have to pay the bill. This looks like something you would see in the 1930′s Germany. WOW!
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Holy Moly, Methinks SLO got off cheap on this one.
I wonder how much the city leaned on this guy cause of his business?
I wonder if he even got a stinkin apology.
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Vagabond I guess you have a brain after all my apologizes, great post and I too have been treated unfairly by the men in blue, can’t go into it for fear and I was to poor to sue. We need Steven Segal on the force, watch exit wound, we need that kind of police intervention.
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No Apology needed Cheese, I an an anonymous commenter and sometimes I will take an unpopular position.
I know I’ll get flamed it doesn’t bother me a bit.
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“According to court records, police officers allege that none of their on-scene radios or police cameras were working during the arrest of Milne. In addition, officers claim that interrogation room audio and video recording equipment malfunctioned during the questioning of Milne, leaving no recordings available for the trial.”
Give me a break … Do you think the public is that gullible? Do I smell a cover up.
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TacomaRose, drove into town today from L.O. and saw what my home town has turned into, Duvals place abandoned and a junk pile next too it. Billions of rats, racing everywhere, I think I’ll take Vagabonds advice and go crawl back under a rock or just stay out in the ocean with the sharks, Avila beach looks like an abandoned Beverly Hills, (my Home Town) walked down on the beach with my family and here comes the cops, in the form of the Harbor Patrol, (driving on the abandoned beach), who I have great respect for and have known Jim Crow for 45 years, I stopped them because they were looking suspiciously at me and my wife and daughter, I asked them what they were doing, “You guy’s looking for people drinking beer?” answer, “yes anyone breaking the law!” The place was deserted, I asked what the fine was? They didn’t know! “It’s up to the state of California!” Then I went to Port beach and witnessed cars going by at 75 mph in a 35 mph zone, need revenue tickets, go after speeders. Maybe I’ll go back in May when fishing opens and I’ll be sure not to spit on the sand too! I guess the terminator turned California into a police state, pirates cove was packed, but if your a thin skinned little old person who wants serenity now Avila, is the hot spot. Businesses have tripled their prices for they don’t even have 1/3 the customers of 1997, when I was forced to move by an oil company. Peaceful though and plenty of parking, the rich bought it and No Fires, NO Glass containers, No Alcohol, No Dogs, and No Fun! Lots of pollution coming out of the creek now, in a town where I used to protect the weak! What the boys in blue did to this guy, is unspeakable! No wonder they broke or destroyed all the evidence.
Anyone remember the Linderman case in L.O., Knocked down his fence and when he tried to protect his horses, beat him and almost shot him, female cop pulls her gun when gentleman Linderman started resisting,”Freeze” she shouted it is alleged her own Sargent belted her and knocked her down, gun sliding to a stop in the dirt! This is all hearsay, from his daughter who watched in horror. He moved to Washington, and is doing well after loosing his case in supreme court. This guy got lucky!
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And another mystery: why was this poor guy even prosecuted? So the cops charged him and prosecutors proceeded? (Does the County DA have a choice in such a case?) Just another instance of people dumping on someone and refusing to acknowledge what they’ve done.
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I agree, they only charged him to try and cover up their own ‘criminal’ behavior. Beat the poor man up in his own house and then throw him in jail. This guy should have asked for a jury trial, I’d give him seven digits and send a message.
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With all the misconduct and incompetence of local cops, you have to wonder whether it’s worse here than in the big city. The LAPD is infamous and the Cambridge, MA police recently achieved infamy, but do our cops out-sleaze them? I’ve seen enough myself to have completely lost trust.
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Good point Dave
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Ah SLO’s finest are at it again!!!!!!!!
The guy is on the ground, in cuffs and they force is eyelids open to pepper spray him?? Tell me this is a joke?? WHAT KIND OF THREAT IS A HANDCUFFED MAN AGAINST ARMED POLICE!!! And they hadn’t found the gun yet so no reason for this BULLSH*T!! Have any of these fine ASSH*LE officers been fired? Any of these buddies of our border cops? Unreal.
Again to those out there defending pay of SLO officers. Is this what a hundred k per officer gets you?
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And where any of these accociated with the wrong bust in A-town this past summer in the Laundry mat?
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I was apphauled that they maced him the first time, they were in the mans house and had no business frisking him to begin with. But the forcing his eyes open to spray him a second time! These are BAD cops and they are dangerous. We need to get them off the streets. Wonder what kind of complaints are in their records?
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Please dont be suprized by any of this. As a life time SLO county resident I have seen this kind of stuff alot out of the SLO PD. Before Cal Coast news there wasn’t anyone that exposed it. The SLO PD. is as crooked as it gets. Always has been like there all from the North County or something. When Ian Parkinson is handed the Sherrifs job you will all learn about him too. His love life has a very colorfull past! Sorry wont elaborate affriad I will be next on the SS Slo polices hit list. As in any organization there not all bad. But the good ones seem to not stick around along time. Its a very sad thing but us life long residents are used to it. Anyone else remember who really started the Poly Royal riots? and it goes on and on. I hope Mr. Miline has a full recovery. And I hope some day soon The SLO PD. is cleaned up and becomes a first rate organization. But I really doubt it ever will!!
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