Thursday, September 30, 2010

Wiggins trial gets underway in Rialto Shoting by Mike Cruz SB Sun

Wiggins trial gets under way in Rialto shooting


FONTANA - A trial of a man suspected in the 2007 shooting death of a Rialto police SWAT officer has gotten under way as police personnel have recounted the incident in court.

Officer Sergio Carrera suffered a fatal gunshot while he and other members of the Rialto SWAT team were serving a search warrant on Oct. 18, 2007 at a West Cascade Drive apartment.

While prosecutors allege Krist Antonio Wiggins killed Carrera with an officer's weapon, the defense has said that Wiggins did not pull the trigger.

Police served the warrant because they believed drugs were being sold from the residence, but no drugs or weapons were found there.

Wiggins, who is being held in lieu of $2 million bail, faces one count of murder and special circumstances that the victim was a police officer.

The trial is in Fontana Superior Court.

A recap of initial testimony:

FRIDAY, SEPT. 24

Police Officer Anthony Quinonez gave tearful testimony about the shooting death of Carrera, a fellow officer and friend, while serving a search warrant.

While searching the living room and kitchen areas, Quinonez testified that he heard gunfire down a hallway toward the bedrooms, yelling and the sound of people fighting. After yells of "Rialto Police Department - search warrant!" suddenly came the distressing call of "Officer down!" he said.

An emotional Quinonez, answering questions from prosecutor Cary Epstein, described how he saw two SWAT officers carrying a fellow officer through the hallway and back out of the house.

"He appeared to be limp, and he wasn't moving," Quinonez said. "I knew I lost a partner and a friend."

Rialto police have said they raided Wiggins' apartment, which he shared with a girlfriend and three children, because they suspected rock cocaine was being sold there.

Sheriff's investigators say Wiggins tried to flee down the hallway from the six-man SWAT team that came into the apartment. In a bedroom, Wiggins fought with SWAT Officer John Black, who had his AR-15 rifle slung over chest, authorities said.

The two men wrestled on the bedroom floor, with Black's rifle between them. At least one other officer also tried to help control and detain Wiggins when the first gunshot fired, according to investigators. Quinonez testified there was a pause and then two more shots.

TUESDAY

Piece by piece, Black put on his Rialto SWAT team equipment to show a jury how he looked on the day a search warrant ended with the death of Carrera.

First came the 30-pound protective vest.

Then came a duty belt followed by radio, flashlight, handcuffs and more.

Prosecutor Cary Epstein then handed Black his AR-15 rifle, which the corporal slung over his chest, and his handgun to slide in the holster.

Black testified the equipment added up to 40 pounds to his 180-pound frame on Nov. 17, 2007.

At a 5 a.m. briefing the day of the SWAT operation, Black said he learned of his assignment.

"Point man, No. 1," the corporal testified. Part of his duty would be to protect the rest of the officers behind him. "The No. 1 person is always the first person to go in the door."

Black's testimony in Wiggins' trial is key because he reportedly chased the defendant into a back bedroom, where he tackled him and fought aggressively to control him. During the struggle, Black's rifle fired and fatally struck Carrera near the bedroom doorway.

Prosecutors have charged Wiggins with murder and a special circumstance that the victim was a police officer. If convicted, Wiggins could spend the rest of his life in state prison.

After the briefing and various rehearsals in the police parking lot, the SWAT teams from Rialto and Colton police departments staged at Base Line and Riverside Drive, making last-minute preparations before boarding a Bear Cat armored vehicle to the location.

Earlier on Tuesday, Officer Carl Jones continued his testimony from the day before.

Jones and Black said they were told that drugs, weapons and gang members could be in the apartment, which was the justification for the heavy response.

Prosecutors asked Jones what the outcome might have been if Wiggins complied with their commands to get on the ground when the SWAT team entered the apartment.

"He would have been handcuffed, without incident," Jones said. Instead, Wiggins ran down a hallway when flashbang devices were deployed and the officers entered the front door, according to testimony.

When Jones got to the back bedroom, Black was on top of Wiggins, on the ground and fighting face-to-face, he said. Jones could see the barrel of Black's rifle under his right armpit and pointing toward the door opening, he said.

Jones said he drove a Taser into the abdomen of Wiggins, who screamed in pain for "the full ride."

But Wiggins continued to fight with Black, and then the rifle fired.

Black was surprised to learn that it was his rifle that fired, and he didn't realize his rifle went off, Jones said. The witness said he could not see anyone's hands.

In a conversation later with a sergeant, Jones described the shooting as friendly fire, he said.

"Friendly fire, meaning it came from our weapon, yes," Jones said, agreeing that he used that term.

Carrera died at Arrowhead Regional Medical Center in Colton.

WEDNESDAY

Black testified he was in the fight of his life with Wiggins and was unaware of his rifle's position or that it had fired during the struggle, which killed Carrera.

Officers had been briefed that drugs were being sold at the residence and gang members could be inside, authorities said.

When SWAT officers came through the front door, Wiggins sat up on a couch, turned to look at Black, who was the first officer inside, and ran down a hallway.

Officers shouted commands, "Rialto police, search warrant," and "get on the ground."

Black followed Wiggins toward a bedroom, and the defendant charged at the officer as he came through the bedroom doorway, Black said.

"He lunges toward me with both hands," Black said.

Something then hit Black on the left side of his jaw.

The officer's rifle, which had been in a ready position, swung to his left side as he let go and pushed back at Wiggins. They both fell to the ground, with Black on top.

Wearing full SWAT officer gear and his rifle again in court, Black demonstrated the fight positioning with a sheriff's detective on the courtroom floor. Black said he could feel constant pushing pressure underneath from Wiggins, and the rifle was between the two men.

"I lost sight of his hands, and they went between us," Black said of Wiggins. The officer said he punched Wiggins repeatedly while yelling for him to stop resisting.

Black heard another officer yell, "Taser! Taser! Taser!" Then the rifle fired, and Black heard yells of "Officer down!" Wiggins was moaning.

Black said his focus was on Wiggins. He heard the shots behind him, but the corporal testified he was initially unaware of who did the shooting and who got shot. Black said he was unaware of his rifle's position and whether it had fired.

A rifle strike to the left side of Wiggins' head and a kick to his right side from other officers stunned Wiggins enough for Black to slip handcuffs on the still-resisting defendant. Wiggins said nothing throughout the incident, according to the corporal.

Black said he noticed shell casings and a rifle leaning against the wall. The barrel was pointing to the ceiling.

"I asked what happened, and they said it's your gun," Black said. "It didn't sink in."

Carrera was shot while standing in the hallway at the bedroom door. Two other officers carried him out of the residence.

Black said he was exhausted during what he called "a violent fight."

In his experience, the witness said his rifle has never come off him and it had never discharged without pulling the trigger.

Defense lawyer George Wright showed jurors a photo of a bloodied Wiggins, pointing out locations of the blood, and he focused on Black's statements to investigators.

Wright also questioned Black about a broken grip on his rifle and the trajectory of the bullets fired. The defense lawyer also asked Black if the SWAT team had been briefed on non-compliance at the location.

"I didn't expect that situation to take place," Black said. "We prepared for that situation to take place."

Testimony is expected to continue today.

Tuesday, September 28, 2010

Corporal testifies in trail for Rialto SWAT Officer's Death by Mike Cruz: Daily Bulletin

Corporal testifies in trial for Rialto SWAT officer's death


Piece by piece, Corp. John Black put on his Rialto SWAT team equipment to show a jury in the trial Krist Wiggins how he looked on the day a search warrant ended with the death of his colleague, Officer Sergio Carrera Jr.

First came the 30-pound protective vest, then came his duty belt followed by radio, flashlight, handcuffs and more. Prosecutor Cary Epstein then handed Black his AR-15 rifle, which the corporal slung over his chest, and his handgun to slide in the holster.

Black testified Tuesday in Fontana Superior Court that the equipment added up to 40 pounds to his 180-pound frame on Nov. 17, 2007, the day he tangled with Wiggins while serving a warrant at Wiggins' apartment on West Cascade Drive, in Rialto.

At a 5 a.m. briefing the day of the SWAT operation, Black said he learned of his assignment.

"Point man, No. 1," the corporal testified. Part of his duty would be to protect and shield the rest of the officers behind him. "The No. 1 person is always the first person to go in the door," Black said.

Black's testimony in Wiggins's trial is key because he reportedly chased the defendant into a back bedroom, where he tackled him and fought aggressively to control him. During the struggle, Black's rifle fired and fatally struck the 29-year-old Carrera near the bedroom doorway.

Police served the warrant because they believe drugs were being sold from the residence, but no drugs or weapons were found there.

Prosecutors have charged Wiggins with murder and a special circumstance that the victim was a police officer. If convicted, Wiggins could spend the rest of his life in state prison.

After the briefing and various rehearsals in the police parking lot, the SWAT teams from Rialto and Colton police department staged at Base Line and Riverside Drive, making last-minute preparations before boarding a Bear Cat armored vehicle to the location.

Black is expected to continue his testimony Wednesday in Fontana Superior Court.

Earlier in the trial proceedings Tuesday, Officer Carl Jones continued his testimony from the day before. Both Jones and Black said they were briefed that drugs, weapons and gang members could be in the apartment, prompting a heavy response.

Prosecutors asked Jones what the outcome might have been if Wiggins complied with their commands to get on the ground when the SWAT team entered the apartment.

"He would have been handcuffed, without incident," Jones said. Instead, Wiggins ran down a hallway when flash-bang devices were deployed and the officers entered the front door, according to testimony.

When Jones got to the back bedroom, Black was on top of Wiggins, on the ground and fighting face-to-face, he said. Jones could see the barrell of Black's rifle under his right armpit and pointing towards the door opening, he said.

Jones said he drove a Taser into the abdomen of Wiggins, who screamed in pain, for "the full ride." But Wiggins continued to fight with Black, and then the rifle fired.

Black was surprised to learn that it was his rifle that fired, and he didn't realize his rifle went off, according to Jones. The witness said he could not see anyone's hands.

In a conversation later with a sergeant, Jones described the shooting as friendly fire, he said.

"Friendly fire, meaning it came from our weapon, yes," Jones said, agreeing that he used that term.

Carrera later died at Arrowhead Regional Medical Center, in Colton.

Sunday, September 26, 2010

Partner gives tearful testimony in fatal 2007 shooting of Rialto Police Officer.. by Mike Cruz SB Sun

Partner gives tearful testimony in fatal 2007 shooting of Rialto police officer


FONTANA - Rialto Police officer Anthony Quinonez gave tearful testimony Friday about the shooting death of fellow officer and friend Sergio Carrera while serving a search warrant for suspected drug sales.

Carrera suffered a fatal gunshot while he and other members of the Rialto SWAT team were serving the warrant Oct. 18, 2007, at a West Cascade Drive apartment.

Krist Antonio Wiggins, who lived at the location, is on trial in Fontana Superior Court where he faces criminal charges in Carrera's death that, if he is convicted, could send him to state prison for the rest of his life.

While searching the living room and kitchen areas, Quinonez testified that he heard gunfire down a hallway toward the bedrooms, yelling and the sound of people fighting. After yells of "Rialto Police Department - search warrant!" suddenly came the distressing call of "Officer down!"

An emotional Quinonez, answering questions from prosecutor Cary Epstein, described how he saw two SWAT officers carrying a fellow officer through the hallway and back out of the house.

"He appeared to be limp, and he wasn't moving," Quinonez said. "I knew I lost a partner and a friend."

Quinonez is the first witness to testify in the trial. Wiggins faces one count of murder and special circumstances that the victim was a police officer. If convicted, the defendant could be sentenced to life in state prison without the possibility of parole.

Testimony is expected to continue Monday.

Rialto police have said they raided Wiggins' apartment, which he shared with a girlfriend and three children, because they suspected rock cocaine was being sold there.

Sheriff's Department investigators say Wiggins tried to flee down the hallway from the six-man SWAT entry team that came into the apartment. In a bedroom, Wiggins fought with SWAT officer John Black, who had his AR-15 rifle slung over chest.

The two men wrestled on the bedroom floor, with Black's rifle between them. At least one other officer also tried to help control and detain Wiggins when the first gunshot fired, according to investigators. Quinonez testified there was a pause and then two more shots.

While prosecutors allege Wiggins killed Carrera with Black's weapon during the fight, the defense has said that Wiggins did not pull the trigger.

Deputy Public Defender George Wright has also alleged that the search warrant was based on false information. No evidence of drugs or weapons were found in the apartment, according to authorities.

Both lawyers delivered their opening remarks to the jury, to start the testimony phase of the trial, shortly before 3 p.m. Thursday.

Wiggins is also wanted on a $100,000 warrant out of Grenada, Miss., on suspicion of selling rock cocaine. A judge had lowered the bail to $30,000 there, and Wiggins jumped bond, according to Grenada County Sheriff's Department.

mike.cruz@inlandnewspapers.com
909-386-3880

Thursday, September 23, 2010

Woman in alleged Rialto Police Sex scandal to file lawsuit .. San Bernardino Sun 092310 by Josh Dulaney

Woman in alleged Rialto Police sex scandal to file lawsuit


RIALTO - The attorney for Nancy Holtgreve, a strip club worker at the center of an alleged sex scandal involving on-duty police officers, is moving forward with a lawsuit against the city after it recently rejected a $500,000 claim.

"I am going to go ahead and prepare a lawsuit on Nancy's behalf," said Danuta W. Tuszynska, the Riverside-based lawyer for Holtgreve. Tuszynska said the lawsuit may be filed by the end of October.

Holtgreve, a drink server at the Spearmint Rhino, alleged in her claim that several female employees of the club and police officers engaged in sex together at the Rialto Police Benefit Association's union hall. She named officers James Dobbs and Lamont Quarker in her claim, saying she had sex with each of them while they were on duty. Holtgreve alleges that she had sex with Quarker, a narcotics officer, in the Police Department's narcotics office. She also says Dobbs fathered a son she gave birth to in March.

According to Holtgreve, Dobbs, whose last day with the department was Aug. 12, intimidated and abused her after she demanded he pay child support.

The department won't say if Dobbs was fired or resigned, citing an internal investigation that has been completed and is under review.

Holtgreve alleges that Dobbs didn't want his relationship with her to hurt a custody battle with his ex-wife, or an alleged relationship with a woman who works in the department.

Dobbs and Quarker have not returned messages seeking comment.

Holtgreve alleges that the city fostered and perpetuated a culture of unwanted sexual harassment of women by male police officers, and that the department failed to protect her from Dobbs after she made authorities aware of the alleged intimidation and abuse.

In August, the city rejected much of Holtgreve's claim, saying it was not lawfully filed within six months of when many of the alleged incidents took place.

Tuszynska said the claim focused on the events which allegedly occurred after Holtgreve's son was born in March, but the city said that part of the claim didn't provide enough information to determine if there was a valid claim against the city, and it needed to be amended and re-submitted or no action would be taken.

While Tuszynska said the information provided in the claim was more than sufficient, she filed an amended claim.

The city has rejected the amended claim, which is why Tuszynska is preparing the lawsuit.

City Attorney Jimmy Gutierrez said there was very little added to the amended claim.

"I don't want to be insulting to this woman because she may have a valid claim," Gutierrez said. "(But) when I don't get a lot of vital information, that suggests to me that I don't have a valid claim."

Gutierrez outlined 42 issues in his initial response to Tuszynska.

He wrote, in part, that the claim failed to state the dates, times and places when Dobbs used his position as a peace officer to intimidate and threaten Holtgreve.

He also said the claim did not state the times, dates and places during which the city fostered and perpetuated a culture of unwanted sexual harassment of females by male police officers.

Gutierrez said the amended claim Tuszynska filed on behalf of Holtgreve failed to address the issues he brought up.

"She in no way came close to answering those questions or providing that information," Gutierrez said. "As I told her already, there is not enough information to evaluate if the city has any liability."

Tuszynska said the rejection is standard procedure and that most governmental entities reject "99 percent" of the claims that are filed against them.

"Our tort claim was more than sufficient to put this city on notice as to the various causes of action that Nancy has against the individual officers, as well as the city of Rialto," Tuszynska said. "Nonetheless, we will move forward with the lawsuit after the rejection."

Police Chief Mark Kling launched the internal investigation in May, which led to six officers. Four were placed on paid administrative leave.

Authorities have not named the officers on leave, citing the investigation under review.