March 8, 2006

By Mary Jo Hill TELEGRAM & GAZETTE STAFF

FITCHBURG— Police Sgt. Jeffrey J. Howe had a good month in court in February.

Not only was an assault charge against Sgt. Howe dismissed at the district attorney’s request last month, but a federal lawsuit that named Sgt. Howe as one of the defendants also was dismissed.

Police Chief Edward F. Cronin has staunchly backed the sergeant in the assault case.

“I said right from the beginning that the charges would be dismissed,” Chief Cronin said yesterday.

“It’s time to move forward,” the chief said.

Sgt. Howe had faced an assault with a dangerous weapon charge for allegedly aiming his service revolver at an on-duty deputy sheriff during a traffic stop in 2004.

Deputy Sheriff Joseph F. Coggans II was transporting an unruly prisoner from Fitchburg District Court at the time of the stop and was driving an officially marked vehicle.

While a judge found probable cause to bring the charge, Chief Cronin also predicted at the time the charge would eventually be dismissed.

Deputy Superintendent Jeffrey R. Turco of the Worcester County Jail and House of Correction said he got word about the dismissal last week but did not know why the charge was dismissed.

“We respect the decision of the district attorney to exercise his discretion,” Mr. Turco said.

When the judge originally found probable cause, the principle was vindicated, Mr. Turco said.

What Sgt. Howe did endangered public safety, the deputy superintendent said.

Mr. Turco said he presumes there will be litigation between Deputy Coggans and the city of Fitchburg and Sgt. Howe. Nothing has been filed, however, he said.

In the federal lawsuit, U.S. District Judge Nancy Gertner granted motions for summary judgment from Sgt. Howe and other defendants on Feb. 27 and dismissed a complaint brought by Charles Thore.

Mr. Thore had brought claims against then-Officer Howe, six other city officers and three state police detectives after he was shot by Officer Howe during a 2001 traffic stop and then arrested and convicted.

Among the claims brought by Mr. Thore were that Officer Howe violated his right to be free from excessive force.

In claims of excessive force such as this one, if the officer had probable cause to believe that the suspect posed a threat of serious physical harm to the officer or other people, it is not “constitutionally unreasonable” to keep the suspect from escaping by using deadly force, according to a memorandum and order on the summary judgment by Judge Gertner.

Because Mr. Thore had admitted in a guilty plea in his criminal case that he had been violent with his girlfriend in the car, that he refused to stop for officers and leave the car, that he rammed cruisers and that he was revving his engine with the car aimed at Officer Howe, it is clear that the officer had probable cause to believe that Mr. Thore posed a threat of serious physical harm, according to the document.

March 7, 2006

Assault charge against officer dismissed

FITCHBURG -- An assault case against Police Sgt. Jeffrey J. Howe has been dismissed, according to a spokeswoman for District Attorney John J. Conte.

A judge had found probable cause in January to charge Sgt. Howe with assault by means of a dangerous weapon for pointing his service revolver at an on-duty deputy sheriff during a traffic stop in 2004.

Deputy Sheriff Joseph F. Coggans II was transporting an unruly prisoner of the court when the traffic stop occurred.

An arraignment in the case had been scheduled for March 27.

The charge was dismissed Feb. 15, the Conte spokesman said.

No further information about the dismissal was available from Mr. Conte’s office, and a spokesman for the Worcester County House of Correction was not available for comment.

January 25, 2006

Howe is scheduled to appear in Fitchburg District Court on March 27 to face the    charge of assaulting Worcester County Deputy Sheriff Joseph Coggans III on            Nov. 18, 2004, according to court documents.

Police Chief Edward F. Cronin reasserted his support for Howe on Tuesday.

"Sgt. Howe is an officer of the highest integrity," Cronin said. "I am totally confident that this charge will be dismissed."

Cronin said Howe acted appropriately during the incident.

"Sgt. Howe did not initiate this incident," Cronin said.

There is more to the story than what has been reported so far, the chief added.

"All the facts are not out," Cronin said, while declining to elaborate. "I think that the actions that took place that day really took place over a period of time, and if this did go forward, I think people would be surprised."

Cronin acknowledged Howe is on leave from the department, but he wouldn't say why.

The department did not place him on leave because of the incident with the deputy, Cronin said.

Howe and Coggans do not have a history between each other, and the police department does not have a problem with sheriff's deputies driving through the city with their lights flashing, Cronin said.

Cronin wouldn't say when he expects Howe to return to work.

Jeffrey Turco, the Deputy Superintendent of the sheriff's office, said his office has been trying to have Howe charged since the incident occurred.

"We think the principle needed to be stated to protect our ability to do our job," he said. "We would like to see the district attorney let this case play out and let a jury have it."

Anybody convicted of assault with a dangerous weapon can be sentenced to up to five years in state prison, or up to two-and-a-half years in jail, or up to $1,000 in fines, according to court documents.

Coggans wrote a statement, which is dated Dec. 1, 2004, detailing what happened on the day of the incident.

Coggans said he and Lt. Jeffrey Ruggieri, also of the sheriff's department, drove to Fitchburg District Court in a marked cruiser with the overhead blue lights flashing to pick up an unruly prisoner.

They took the prisoner -- who has been identified by jail officials as Travis Storm -- and put him in their cruiser, according to Coggans.

Coggans claimed Fitchburg police Officer Joanne Bairos walked up to him before he and Ruggieri left the court, and questioned him about why he drove through Fitchburg with his lights flashing.

"I told her, 'I don't have time to get into a pissing match between agencies. If there is a problem, have your supervisor contact mine,'" Coggans wrote.

Bairos and the deputies then left the courthouse, and Howe soon began following the deputies as they drove away, according to Coggans.

Howe tried to stop the deputies, but it's against policy to stop "unless there is an extreme emergency," according to Coggans.

The deputies then called to their officer in charge, who told them to see what the police wanted, according to Coggans.

"I pulled over, exited my cruiser and began walking toward the other cruiser," Coggans said. "The sergeant exited his cruiser, drew his firearm, pointed it at me and said, 'Put your hands up. You are under arrest.'"

Other city police officers arrived and drew their guns on Coggans.

Coggans even thought Howe was going to pepper spray him at one point, Coggans said in his statement.

"I had not done anything arrestable," he said.

But Howe's police report from that incident said Coggans "had a crazed look on his face," and that Howe feared a "shoot-out" might occur because Coggans was armed.

"I ordered him to put his hands up. He told me, 'No.' I repeatedly told him he was under arrest, and that he needed to put his hands up. He just stared at me and stated, 'No,'" Howe wrote in his report about the incident.

Police handcuffed Coggans and took him to the police station, where they booked and photographed him, before putting him in a holding cell until someone bailed him out, according to Coggans.

"This all happened while I was on-duty, in uniform, conspicuously displaying my badge of office on my outermost garment, which also had my name on it," Coggans said.

Police charged Coggans with resisting arrest, negligent operation of a motor vehicle, failing to identify himself, failing to stop for police, obstructing an emergency vehicle and disorderly conduct.

District Court Judge Edward J. Reynolds dropped the charges during a hearing this past summer, at the request of Worcester County District Attorney John J. Conte's office, according to court documents.

Conte's spokeswoman, Elizabeth Stammo, said on Tuesday Conte wouldn't discuss the charge against Howe.

"His policy is once the case is pending before the court, he doesn't comment," she said.

But if Conte asks a judge to drop the charges, Turco said he'll respect that decision.

Judge: Sgt. should be charged

By J.J. Huggins

FITCHBURG -- A judge has recommended that police Sgt. Jeffrey J. Howe be charged with assault with a dangerous weapon for arresting a uniformed corrections officer at gunpoint in 2004.

Fitchburg Police Chief Edward F. Cronin said he is standing by Howe, and is confident the charge recommended by District Court Judge Thomas May will ultimately be dismissed.

"I strongly disagree with the judge's decision," Cronin said at a press conference Wednesday. "Sgt. Howe always has acted with the highest level of integrity."

Howe stopped corrections officer Joseph F. Coggans, who was driving with another corrections officer, Lt. Jeffrey Ruggieri, while they were transporting a prisoner from Fitchburg District Court on Nov. 18, 2004, according to court documents.

Coggans and Ruggieri rushed to Fitchburg District Court that day in a marked Worcester County Sheriff's Department sport utility vehicle, with the lights flashing, according to Jeffrey Turco, the Deputy Superintendent of the Worcester County House of Correction.

Turco said courthouse personnel requested the corrections officers take a prisoner -- Travis Storm -- to jail because he was acting violently.

The corrections officers sped past one Fitchburg officer -- not Howe -- on their way to the courthouse, and the police officer radioed the city's dispatchers to see why the corrections officers were going so fast, Turco said.

The corrections officers reached the courthouse without being stopped, but Fitchburg police approached them as they began to leave with the prisoner, Turco said.

The first police officer confronted Coggans and asked for some identification, but Coggans didn't comply, and he and the lieutenant left with the prisoner, Turco said.

"Our guy basically takes the position, this is an inter-departmental situation, have your boss call my boss," Turco said in an interview Wednesday.

The corrections officers then drove away at the speed limit, and Howe began following them in a Fitchburg police cruiser with his lights flashing, Turco said.

The corrections officers traveled about a mile before pulling over, Turco said.

"We have a policy: Never pull over for anybody," Turco explained, saying the sheriff's department considers it a public safety threat to stop with a prisoner on board.

The corrections officers contacted their supervisors, and the sheriff's department officials spoke to police officials, to verify that a police officer was in fact following corrections officers, Turco said.

The sheriff's department supervisors then ordered the corrections officers to pull over, Turco said.

Howe said in his police report that Coggans "had a crazed look on his face," and that he feared a "shoot-out" might happen because Coggans was armed.

"He looked at me with a wild look," Howe wrote. "I ordered him to put his hands up. He told me, 'No.' I repeatedly told him he was under arrest, and that he needed to put his hands up. He just stared at me and stated, 'No.'"

Police charged Coggans with resisting arrest, negligent operation of a motor vehicle, failing to identify oneself, failing to stop for police, obstructing an emergency vehicle and disorderly conduct.

But a judge later dismissed the charges at the request of prosecutors, according to court documents.

The sheriff's department has aggressively pursued the assault with a dangerous weapon charge against Howe, because they disagree with the way Howe acted, according to Turco.

"The facts of this case are just egregious," Turco said. "Our deputy sheriffs need to know as law enforcement officers that when they're doing their job, they are not going to be interfered with."

The sheriff's department, which was headed by John M. Flynn at the time, pursued the criminal charges against Howe immediately after Coggans' arrest, Turco said.

Guy Glodis is now the sheriff of Worcester County.

Court officials at Fitchburg District Court recused themselves from reviewing the sheriff's application for the criminal complaint, citing a conflict of interest, so a clerk magistrate from Ayer District Court, Wendy A. Wilton, was called upon to review it, Turco said.

Wilton found no probable cause to issue the charge against Howe, but the sheriff's department appealed to the state Supreme Judicial Court, Turco said.

The state then appointed May, a judge from Brookline District Court, to review the case, and he recommended that Howe be charged, according to Turco.

Turco received a copy of the judge's order on Jan. 5.

A clerk magistrate at Fitchburg District Court will now review the judge's recommendation, and will likely agree to move forward with the charge against Howe, according to Cronin, the Fitchburg police chief.

An arraignment date has not yet been set.

Cronin said Howe, who has served for more than a decade, is a decorated officer with awards for bravery and merit.

Capt. Mark W. Louney, who accompanied Cronin during an interview Wednesday, said the police department wouldn't discuss the specifics of the incident. He said District Attorney John J. Conte will have to "evaluate" the case.

"The judge who heard it has made an error in his recommendation," Louney said. "We hope the district attorney will evaluate it and come to a conclusion."

Asked whether Howe had placed on administrative leave because of the possibility he will be charged, Cronin said Howe is "not on any leave or away, for this incident, in any shape or form."

But both Cronin and Louney declined to say whether Howe is "away" for any other reason.

They did assert that he is still employed by the department.

Louney said department regulations prohibited them from discussing the matter further.

Cronin said he ordered Howe not to comment to the press.

The Sentinel & Enterprise subsequently contacted Officer Todd Deacon, the president of the Fitchburg Police Union, Wednesday afternoon and asked him whether Howe has been at work lately.

"No he hasn't," Deacon replied.

When asked why, Deacon said, "I can't comment on that stuff."

Deacon said Howe has not asked the union to provide a lawyer for him.

Turco said attorney Austin Joyce is representing Howe.

Joyce could not be reached for comment.

Howe is also a defendant in a civil case filed in U.S. District Court in Boston.

The plaintiff in the case, Charles Thore, is suing Howe and several police officers in connection with a violent incident on John Fitch Highway in 2001.

A cause for embarrassment

Editorial / Opinion

The Sentinel & Enterprise reported last week that a judge has recommended that Fitchburg police Sgt. Jeffrey J. Howe be charged with assault with a dangerous weapon for arresting a uniformed corrections officer at gunpoint in 2004.

Fitchburg Police Chief Edward F. Cronin said he is standing by Howe, and is confident the charge recommended by District Court Judge Thomas May will ultimately be dismissed.

"I strongly disagree with the judge's decision," Cronin said at a press conference Wednesday. "Sgt. Howe always has acted with the highest level of integrity."

It's still unclear if Cronin's prediction will ultimately prove to be true.

What is clear is that the charges and countercharges being thrown about by police and the sheriff's department -- and the incident itself -- is an embarrassment to both agencies.

The police chief and the sheriff need to meet to establish protocol about how to handle such situations in the future.

But if cooler heads had prevailed, the situation would have never escalated to the point where a city cop drew down on a correctional officer because of what seems to be a battle between agencies.

Here's the best representation so far of what happened, according to statements from both agencies, and court records.

Howe stopped corrections officer Joseph F. Coggans, who was driving with another corrections officer, Lt. Jeffrey Ruggieri, while they were transporting a prisoner from Fitchburg District Court on Nov. 18, 2004.

Coggans and Ruggieri rushed to Fitchburg District Court that day in a marked Worcester County Sheriff's Department sport utility vehicle, with the lights flashing.

Jeffrey Turco, the deputy superintendent of the Worcester County House of Corrections, said courthouse personnel requested the corrections officers take a prisoner -- Travis Storm -- to jail because he was acting violently.

The corrections officers sped past one Fitchburg officer -- not Howe -- on their way to the courthouse, and the police officer radioed the city's dispatchers to see why the corrections officers were going so fast.

The corrections officers reached the courthouse without being stopped, but Fitchburg police approached them as they began to leave with the prisoner.

The first police officer confronted Coggans and asked for some identification, but Coggans didn't comply, and he and the lieutenant left with the prisoner.

The corrections officers then drove away at the speed limit, and Howe began following them in a Fitchburg police cruiser with his lights flashing.

The corrections officers traveled about a mile before pulling over.

The corrections officers contacted their supervisors, and the sheriff's department officials spoke to police officials, to verify that a police officer was in fact following corrections officers.

The sheriff's department supervisors then ordered the corrections officers to pull over.

Howe said in his police report that Coggans "had a crazed look on his face," and that he feared a "shoot-out" might happen because Coggans was armed.

"He looked at me with a wild look," Howe wrote. "I ordered him to put his hands up. He told me, 'No.' I repeatedly told him he was under arrest, and that he needed to put his hands up. He just stared at me and stated, 'No.'"

Police arrested Coggans, but a judge later dismissed the charges at the request of prosecutors.

Only time will tell how this incident will end.

But it's fortunate that things didn't get more out of hand than they already did.

We urge the two agencies to work this out, and make sure something so potentially dangerous between two agencies doesn't erupt again.

January 12, 2006

Probable cause decreed in police-deputy gun flap

Mary Jo Hill, Worcester Telegram & Gazette (MA)

FITCHBURG - A judge has found probable cause to charge a police sergeant with assault by means of a dangerous weapon for pointing his service revolver at an on-duty deputy sheriff during a traffic stop.

It was the latest twist in a 2004 incident that appeared to be a turf battle between two law-enforcement agencies.

Documents from the Worcester County Sheriff's Office, which requested the criminal complaint, describe a traffic stop in which Fitchburg police Sgt. Jeffrey J. Howe pursued a sheriff's sport utility vehicle through city streets before it pulled over.

Deputy Sheriff Joseph F. Coggans II got out of the SUV, and Sgt. Howe aimed his gun at the deputy, according to the paperwork.

Even the prisoner being transported in the SUV urged the deputy sheriff not to make any moves toward his own holstered gun during the encounter, according to the paperwork.

But Police Chief Edward F. Cronin yesterday staunchly defended Sgt. Howe.

Sgt. Howe has always acted with the highest level of integrity and is a decorated officer, Chief Cronin said. He is an 11-year veteran.

"We stand behind him 100 percent," Chief Cronin said.

Chief Cronin said he expects the charge to ultimately be dismissed.

District Attorney John J. Conte's office also will have to evaluate the facts, Chief Cronin said.

Chief Cronin said he would not allow Sgt. Howe to speak to the press.

In a Jan. 5 letter to the clerk-magistrate of Fitchburg District Court, Judge Thomas J. May writes that he expects the court "will issue the complaint forthwith."

Judge May, who sits in Brookline District Court, was sitting by special designation as justice of the Fitchburg District.

In the incident on Nov. 18, 2004, the Fitchburg District Court called in an emergency request for help from the sheriff's office, according to a report by Assistant Deputy Superintendent Michael P. Stevens of the sheriff's office.

Travis Storm, who was to appear in court on charges that included attempted murder, had become unruly, according to Mr. Stevens' report.

The court officer told the sheriff's office the inmate posed a significant threat, and asked for help as soon as possible. Sheriff's Lt. Jeffrey Ruggieri said the vehicle would respond with blue lights and siren, according to the report. The lieutenant also asked that if the situation diminished that he be contacted immediately.

A transcript of a police dispatch recording from the Fitchburg Police Department for the day of the incident has conversations with officers asking dispatchers to find out where the sheriff's K-9 unit was going. An officer said the vehicle had almost caused an accident, according to the transcript.

The dispatcher told an officer that the vehicle was coming to court to pick up a prisoner, according to the transcript. The officer said, "I wouldn't even do in traffic what he was doing."

Later in the transcript, Fitchburg Lt. Kevin O'Brien said Deputy Coggans almost hit one of the cruisers coming up Main Street.

And Lt. O'Brien talked about "things being blown out of proportion" and stated that when the officer went to talk to the deputy, he gave the officer a hard time, according to the transcript.

Mr. Stevens' report says that when the sheriff's vehicle arrived at court, Mr. Storm was taken into custody and put in the SUV. The report then listed the following sequence:

Before leaving, Deputy Coggans was approached by Fitchburg Officer Joanne Bairos, who asked to see his driver's license.

"You're kidding, right?" said Deputy Coggans.

"Recognizing that he was responsible for the care and custody of a highly agitated and violent prisoner who he had just placed into his police vehicle, he asked Officer Bairos to have her supervisor call his supervisor," according to the report.

Deputy Coggans got into the sheriff's vehicle and left the court for the jail and was not followed by any Fitchburg officers.

About five minutes later, Deputy Coggans saw a Fitchburg cruiser behind him with its blue lights on and siren activated.

When he realized the cruiser was trying to pull him over, Lt. Ruggieri told him not to stop. The lieutenant contacted an assistant deputy superintendent to find out what they should do.

It is a violation of the sheriff's office policy to deviate from an itinerary or to let anybody come between the sheriff's employee and a prisoner.

When the lieutenant told the assistant deputy superintendent he did not know why they were being stopped, the assistant deputy superintendent told them to pull over.

Deputy Coggans got out of the vehicle to get away from the inmate and saw Sgt. Howe get out of his vehicle and point his gun at him.

When Sgt. Howe demanded that Deputy Coggans put up his hands and said he was under arrest, the deputy kept asking why he was being arrested.

Sgt. Howe then pulled out his Mace, and Deputy Coggans began to back up for fear of being assaulted.

During the encounter, Deputy Coggans, Lt. Ruggieri and Mr. Storm believed Deputy Coggans was in danger of being shot by Sgt. Howe.

Mr. Storm "shouted to Deputy Coggans to not put his hand near his gun, at which point Deputy Coggans, with his hands in the air, tells inmate Storm that his hands are not near his gun."

Other officers also arrived and pointed their guns at the deputy.

At one point, after Deputy Coggans was taken into custody, he had to help the police unlock his holster to allow the police to seize his gun.

CØNTE2006.COM