It has been a while since I have posted to my blog. Sorry for the wait. I have been busy getting my company Golden Pathways Final Expense Services LLC off the ground. However, I was randomly looking through Facebook and came across this article about the Altoona Police Department. As you all know, I am not a fan of the police. Clearly, I have issues with their behavior as an entire community. My feelings have not changed towards the police as a whole but I have recently met some individual officers that did not rub me the wrong way. Particularly, the officers that are parents of the girls that play on my daughter's basketball team. That is neither here or there. The task at hand is to give a brief overview and comment on the actions of the Altoona Police Department.
This article was taken from the Altoona Mirror, Sept. 25, 2013, written by Phil Ray
HOLLIDAYSBURG
- An Altoona man who months ago faced charges that likely would have landed him
in prison for at least 25 years plans to sue Altoona police for false arrest,
according to his lawyer.
Attorney
Joel Peppetti of Altoona said a notice of a pending lawsuit has been sent to
the U.S. District Court in Johnstown.
Peppetti
represents Angel L. Vasquez, 32, of Altoona, who has been in the Blair County
Prison for several months after he was named as an accomplice of Stephen M.
Espenlaub Jr., 39, of Juniata in the robbery of a man who described himself as
a small- time marijuana dealer.
Espenlaub
was arrested by police after the robbery when he allegedly tried to shake down
the victim for more money and drugs, telling the dealer he had to "pay to
play."
The
victim of the robbery at first thought the two men who entered his apartment on
Dec. 18, 2012, were federal narcotics agents.
They
were dressed as police officers and announced, "Police, we have a
warrant," and "DEA, we have a warrant."
When
the victim opened his door, the "police" put a gun to his back and
cuffed him. They then took money and drugs but said they weren't going to
arrest him.
A
second contact came in the form of a note telling the victim that if he wanted
to do business it was going to cost him.
By that
point, the victim, on his attorney's advice, decided to go to the real police.
Officers
set up a sting by having the victim agree to pay the money. Espenlaub was
arrested when he allegedly showed up to collect the money.
Espenlaub
then named Vasquez as his partner in crime.
Vasquez
was arrested by police and charged with many offenses, including robbery,
burglary, aggravated assault, conspiracy, two counts of theft, impersonating a
public servant, firearms not to be carried by a felon, possession of a
prohibited firearm and possession of an unlicensed firearm.
Peppetti
said in light of Vasquez's record, he would have received a minimum of 25 years
behind bars if convicted of the charges.
Vasquez
and his lawyer protested the arrest, contending Vasquez at the time of the
robbery was at a Bedford County magisterial district judge's office paying a
fine.
According
to Peppetti, city police never bothered to check the alibi, even though within
days Espenlaub and his wife contended Vasquez was innocent.
Espenlaub
even sent a letter to the Mirror contending he had given police a false story.
Peppetti
and Vasquez went before Blair County Judge Daniel J. Milliron on Tuesday
morning and agreed that Vasquez would enter a plea to one charge - possession
of prohibited gun.
Milliron
accepted the plea agreement and sentenced Vasquez to 18-36 months in a state
correctional institution followed by seven years' probation.
Prosecutors
dropped all the other charges against Vasquez after agreeing his alibi
supported his innocence in the robbery.
Assistant
District Attorney Russell Montgomery said after the hearing Tuesday a review of
a city water department surveillance tape in the area where the robbery
occurred showed Vasquez was not there.
Vasquez
was charged with the possession of a prohibited firearm that police found when
they searched a car he was driving. The gun was found in the engine
compartment.
Peppetti
said Tuesday police never bothered to check Vasquez's alibi or corroborate the
first robbery story told by Espenlaub and his wife.
The
defense attorney said Vasquez was arrested on "mere suspicion," not
on evidence that established probable cause.
This is
why notice of a lawsuit has been filed, Peppetti said.
Shawn
T. Espenlaub, 33, of Altoona, Stephen's brother, was arrested in May as the alleged
second man in the Dec. 18, 2012, robbery.
Well, an innocent man put behind bars is nothing new. I too have experienced the wrath of the Altoona Police and random charges. Great Police work guys ;) What I don't understand is how the word of an admitted thief, robber, extortionist, and general villain is enough to lock someone up. Indeed, Police have been using informants for decades. Typically, these informants have intimate knowledge of crimes because they themselves are involved. It's a slippery slope. Police rely on evidence presented by rats, snitches, and thieves. My Mom always told me, "If you lie down with dogs, don't be surprised when you wake up with fleas!"
Even though Police are familiar with utilizing shady characters to catch their prey there is usually some sort of evidence to collaborate their story. You know evidence. That tricky little concept of law that Police and Prosecutors like to ignore when the cards are not stacked in their favor but the only thing that matters when the evidence suggests it. So if there is no evidence then there is no crime. Au Contraire Mon Frere! This is Altoona Pennsylvania. Where stories do not have to be collaborated. Evidence does not have to exist. If the given story fits the needs of Police and Prosecutors then that is all they need.
So what do we have? We have an admitted criminal telling the Police a story. The Police take the story and run with it. The District Attorney's Office charges an innocent man with crimes that have not been investigated. ARE WE SURPRISED THAT THEY ARE BEING SUED! As they should be.
This might be Altoona, PA in Blair, County PA. But we are still in The United States of America. Whether or not the Police or the DA's office like it. You can not just go around accusing people of crimes and taking away their freedom at the bequest of your snitches. Luckily, Mr. Vasquez had the wherewithal to sue.
I hope that he settles for an extreme dollar amount. The Police and DA's office should be punished for their clear contempt of the law. Mr. Vasquez lost months of his life due to incompetent investigators.
I don't want to speculate and make unwarranted assertions...but the victims name is Angel Vasquez. Possibly, with a name like that in Altoona, PA, you can be accused of anything and it will stick.
