Guilty Plea: Ex-Portsmouth Officer Admits Violating Civil Rights in Sexual Assault Case

Former Portsmouth Police Officer, Cleshaun A. Cox, has pleaded guilty to violating the civil rights of a minor victim by forcibly sexually assaulting her. The disturbing incident occurred on or about May 27, 2019, when Cox, in his official capacity as a police officer, encountered Victim 1, a 17-year-old high school student, during a noise complaint call in Portsmouth, Virginia.

As per court documents, after a senior officer instructed Victim 1 to drive home, Cox secretly followed her in his marked police vehicle. Instructing her to meet him in a parking lot, Cox then drove her to an isolated area where he forced her to engage in sexual intercourse against her will. Shockingly, Cox knew Victim 1's age and was fully aware of her unwillingness to participate in any sexual act.

The case was brought to the attention of the U.S. Attorney's Office, Eastern District of Virginia, leading to Cox's guilty plea. Jessica D. Aber, the U.S. Attorney, emphasized that police officers have a duty to protect and safeguard the community, especially vulnerable children, and those who abuse their positions to commit such abhorrent acts must be held accountable.

Assistant Attorney General Kristen Clarke of the Civil Rights Division reinforced the federal government's stance, asserting that law enforcement officials who commit acts of sexual assault and abuse will not be tolerated. The survivors of these heinous crimes will find justice, and accountability will be sought.

Brian Dugan, Special Agent in Charge of the FBI Norfolk Field Office, condemned Cox's actions, stating that sworn police officers are entrusted with upholding the constitution and protecting the community's safety. Cox's violation of trust and abuse of power have been met with a thorough investigation, highlighting the collaboration between departments and agencies.

Cox is now scheduled for sentencing on November 28, facing a prison term of at least 15 years and up to 20 years, along with five years of supervised release. He will also be required to register as a sex offender under the Federal Sex Offender Registration and Notification Act.

In August 2021, Cox had previously pleaded guilty to charges of carnal knowledge and abduction in Portsmouth Circuit Court, resulting in a 15-year prison sentence, of which 10 years were later suspended by the court.

The case is being prosecuted by Assistant U.S. Attorney E. Rebecca Gantt for the Eastern District of Virginia and Special Litigation Counsel Kathryn E. Gilbert of the Civil Rights Division's Criminal Section.

The U.S. Attorney's Office for the Eastern District of Virginia, along with Assistant Attorney General Kristen Clarke and Special Agent Brian Dugan, made the announcement after U.S. District Judge Elizabeth Wilson Hanes accepted Cox's plea.

More information on the case and related court documents can be found on the U.S. Attorney's Office for the Eastern District of Virginia's website or by searching for Case No. 2:23-cr-84 on PACER.

Three Mt. Carmel Police Officers Indicted for Using Excessive Force, Violating Civil Rights

HARRISBURG - Former Lt. David Donkochik, Patrol Officer Jonathan McHugh, and Patrol Officer Kyle Schauer of the Mt. Carmel Borough Police Department have been indicted by a federal grand jury for charges related to using excessive force during arrests over a three-year period. The United States Attorney's Office for the Middle District of Pennsylvania made the announcement, marking a significant development in the case.

According to the indictment, the three officers are accused of conspiring to violate the civil rights of individuals they arrested between 2018 and 2021. The charges include allegations that they engaged in acts of excessive force, such as kicking, punching, choking, and inflicting bodily injuries on the arrestees in 22 separate incidents.

In an attempt to conceal their actions, Donkochik, McHugh, and Schauer took measures to prevent police cameras from capturing video footage of the arrests. If any incriminating footage was captured, they ensured it was not preserved. Additionally, the indictment alleges that the officers falsely reported that the arrestees posed a threat, justifying their use of violence. Subsequently, they charged the arrestees with aggravated assault, resisting arrest, and other related offenses to further conceal their own misconduct. The officers would also threaten arrestees with additional violence.

U.S. Attorney Gerard M. Karam emphasized the gravity of the officers' actions, stating, "The defendants violated the civil rights of numerous individuals in their community over an extended period and, in the course of doing so, betrayed the significant public trust placed in them." Karam affirmed the commitment of his office to hold those who abuse their positions accountable.

Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division, expressed the FBI's dedication to ensuring justice in cases where individuals in positions of authority violate civil rights. She stated, "When someone wearing a badge abuses those powers and deprives another human being of their civil rights, the FBI and our partners will ensure that justice is brought to those who egregiously violate the public's trust."

Captain James Cuttitta of the Pennsylvania State Police, Bureau of Criminal Investigation, commended the joint efforts of the FBI and Pennsylvania State Police in their investigation. He expressed gratitude to the witnesses, residents, law enforcement departments, and county service agencies for their cooperation during the challenging and lengthy investigation. Cuttitta affirmed the commitment of the Pennsylvania State Police to thoroughly investigate cases of this nature statewide.

The case is being prosecuted by Assistant U.S. Attorneys Carlo Marchioli and Michael Consiglio. If found guilty, the defendants could face a maximum penalty of 10 years imprisonment, supervised release, and a fine, as prescribed by federal law.

It is important to note that an indictment or criminal information represents accusations, and all individuals charged are presumed innocent unless proven guilty in a court of law.

The investigation was conducted by the FBI and the Pennsylvania State Police, with support from various law enforcement agencies and county service agencies.

Note: For more information and updates on this case, please contact the United States Attorney's Office for the Middle District of Pennsylvania.

Centre County Man Pleads Guilty to Civil Rights Violations

JOHNSTOWN, PA—A resident of Centre County, Pennsylvania pleaded guilty in federal court to charges of interfering with housing, United States Attorney David J. Hickton announced today.

Ryan M. Held, a/k/a Ryan M. Foley, 21, of 133 Hemlock Street in Philipsburg, Pennsylvania, pleaded guilty to two counts before United States District Judge Kim R. Gibson.

In connection with the guilty plea, the court was advised that on August 20, 2010, Held, by force and threat of force, willfully intimidated and interfered with two minor victims, one of whom was an African-American male, because of his race and because he was occupying a dwelling; and one of whom was a female who was and had been lawfully allowing such African-American male, a friend, to occupy the dwelling in which she resided. During the afternoon of August 20, Held drove past the female victim’s home in Woodland, Pennsylvania, and saw her socializing with a few friends, one of whom was African-American. Just before midnight, Held returned to the property and placed a cross in the front yard of the female victim, approximately 60 feet from the entry to her home, and set it on fire for the purpose of intimidating and interfering with her and her African-American friend. Held spent a few minutes laying in the woods bordering the property watching the cross burn and waiting to see if anyone emerged from the residence.

“Every citizen has the right to be safe in their own home, free from racial intolerance and intimidation,” said U.S. Attorney Hickton. “We will continue to aggressively investigate and prosecute criminals whose actions are driven by bigotry and hate.”

Judge Gibson scheduled sentencing for February 7, 2013, at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Judge Gibson revoked bond and ordered Held detained pending the sentencing proceeding.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government, together with Trial Attorney Roy Conn of the Civil Rights Division of the Department of Justice.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Held.

Justice Department Settles Sex Discrimination Lawsuit Against City of Corpus Christi, Texas, Police Department

The Department of Justice announced today that it has entered into a settlement to resolve the department’s allegations that the city of Corpus Christi, Texas, violated Title VII of the Civil Rights Act of 1964 by discriminating against women when hiring entry-level police officers.

 The United States’ complaint against Corpus Christi, filed in the U.S. District Court for the Southern District of Texas, alleges that between 2005 and 2011, the city used a physical abilities test when hiring entry-level police officers, and that test screened out many more women than men but did not test for what is required on the job.   Title VII prohibits discrimination in employment on the basis of race, color, sex, national origin or religion, whether the discrimination is intentional or involves the use of employment practices, like physical abilities tests, that have a disparate impact and are not job related and consistent with business necessity.  

  “Hiring processes, including for those who seek to serve and protect the public as police officers, should be free from discrimination,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “ The department commends Corpus Christi for its cooperation, for working to put in place new hiring procedures that comply with Title VII, and for providing relief to the women who have been harmed by the prior practices challenged by the department.”

 The Justice Department and Corpus Christi jointly filed a motion today requesting that the court provisionally enter a consent decree that lays out the terms of the settlement.   The motion also asks the court to schedule a fairness hearing on the decree, the opportunity provided by Title VII for the public to comment on the decree.   The proposed consent decree must be approved by the court.

 The consent decree requires that Corpus Christi no longer use the physical abilities test challenged by the United States for selecting entry-level police officers.   It also requires the city to develop a new selection procedure that complies with Title VII.   Additionally, the consent decree requires the city to pay $700,000 as backpay to female applicants who took and failed the challenged physical abilities test between 2005 and 2011 and are determined to be eligible for relief.  Also under the consent decree, some women who took and failed the challenged physical abilities test between 2005 and 2011 may receive offers of priority employment with retroactive seniority and benefits. Applicants interested in priority employment must pass the new, lawful selection procedure developed by Corpus Christi under the decree and meet other qualifications required of all applicants considered for entry-level police officer positions.    

“The physical abilities test formerly used by Corpus Christi prevented the city from distinguishing between qualified and unqualified applicants,” continued Mr. Perez.   “Here, the Justice Department is ensuring the selection of qualified officers while eliminating artificial, discriminatory barriers.   Because Corpus Christi will develop a new, lawful test that all candidates must pass, the public will be assured that the selection process is fair and nondiscriminatory and selects qualified candidates.”

 Enforcement of federal employment discrimination laws is a top priority for the Justice Department.   Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at www.justice.gov/crt .

Statement of Attorney General Eric Holder on Decision in Texas v. Holder

The Attorney General released the following statement on the ruling today in U.S. District Court for the District of Columbia in Texas v. Holder, the state’s proposed voter ID law:  

“The court’s decision today and the decision earlier this week on the Texas redistricting plans not only reaffirm - but help protect - the vital role the Voting Rights Act plays in our society to ensure that every American has the right to vote and to have that vote counted. 

“The Department of Justice opposed preclearance of the Texas voter ID law because of the harm it would cause minority voters across the state of Texas.  Under the proposed law, many of those without the required voter identification would be forced to travel great distances to get one – and some would have to pay for the documents they might need to do so.  The legislature rejected reasonable efforts to mitigate these burdens.  We are pleased with the court's decision to deny preclearance because of these racially discriminatory effects.

“The Justice Department’s efforts to uphold and enforce voting rights will remain aggressive and even-handed.  When a jurisdiction meets its burden of proving that a proposed voting change would not have a racially discriminatory purpose or effect, the Department will not oppose that change -- when a jurisdiction fails to meet that burden, we will object.”

Second Former Georgia Corrections Officer Pleads Guilty to Conspiring with Other Officers to Assault and Injure Inmates

Darren Douglass-Griffin, 35, a former member of the Correctional Emergency Response Team (CERT) at Macon State Prison (MSP) in Oglethorpe, Ga., pleaded guilty to a two-count bill of information charging him with conspiracy to violate the civil rights of inmates and falsification of records in a federal investigation, the Justice Department and the U.S. Attorney for the Middle District of Georgia announced today.

 In connection with his guilty plea, Douglass-Griffin admitted that he and other correctional officers assaulted and injured inmates in a series of incidents at the prison in 2010.   Douglass-Griffin indicated that correctional officers beat three inmates in separate incidents in order to punish them.   One inmate was beaten so severely that he had to be transported from the prison in an ambulance.

 Douglass-Griffin further acknowledged that he and other correctional officers tried to cover up MSP officers’ involvement in beating and injuring inmates.   Douglass-Griffin stated that other MSP officers told him to write false reports and to stick to their cover story when speaking with investigators.

 Douglass-Griffin faces a maximum penalty of 25 years in prison.  

“The Justice Department will continue to vigorously prosecute correctional officers who violate the constitutional rights of inmates, and use their official position to try to cover up their crimes,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez.

“We expect the men and women who work in our state prisons to exemplify professionalism and integrity – and the vast majority do,” said Michael J. Moore, U.S. Attorney for the Middle District of Georgia.   “But when a small group of guards violate the civil rights of inmates in the facility and then actively try to cover that up, my office will have no tolerance for their conduct.”

This case is being investigated by the FBI and is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Tona Boyd of the Civil Rights Division of the U.S. Department of Justice, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia.

Justice Department to Monitor Elections in Florida and Wisconsin

The Justice Department announced today that it will monitor elections on Aug. 14, 2012, in the following jurisdictions to ensure compliance with the Voting Rights Act of 1965 and other federal voting rights statutes:  Collier, Hendry, Lee, Osceola and Polk Counties, Fla.; and the city of Milwaukee, Wis.

 The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group.  In addition, the act requires certain covered jurisdictions to provide language assistance during the election process.  Collier, Hendry, Lee, Osceola and Polk Counties, as well as the city of Milwaukee, are required to provide language assistance in Spanish. 

 Civil Rights Division personnel will monitor polling place activities in these jurisdictions.  Civil Rights Division attorneys will coordinate federal activities and maintain contact with local election officials.

 Each year, the Justice Department deploys hundreds of federal observers from Office of Personnel Management, as well as departmental staff, to monitor elections across the country.  To file complaints about discriminatory voting practices, including acts of harassment or intimidation, voters may call the Voting Section of the Justice Department’s Civil Rights Division at 1-800-253-3931.

 Visit www.justice.gov/crt/voting/index.php for more information about the Voting Rights Act and other federal voting laws.

Lottery Fraud: If You Have To Pay, You Didn’t Win

The following post appears courtesy of the Consumer Protection Branch of the Civil Division.

The pitch is simple.  You receive a call from a foreign lottery announcing that you have won money, a car and other prizes.  The caller tells you that you entered a contest: a form you submitted in the mail, or on the Internet, or while shopping.  You have won, but you must pay taxes, insurance and other up-front fees in order to get your prize into the United States.  Despite several payments totaling thousands of dollars, you never receive the prizes promised to you.

According to the U.S. Postal Inspection Service, Americans have lost $42 million to fraudulent foreign lotteries and sweepstakes.  The majority of victims are elderly.  In addition to losing their life savings, victims are duped into giving fraudsters their Social Security numbers and financial accounts.  Fraudsters convince victims to send money quickly, and they warn victims not to discuss their winnings with family, friends or professional advisors.

The Department of Justice Consumer Protection Branch is working with its investigative partners to prosecute lottery fraudsters.  This effort has identified common signs of lottery fraud that you can use to protect yourself and loved ones.

 •You should not have to pay fees or taxes in advance to receive lottery or sweepstakes winnings.  Beware of checks or wire transfers sent to you by the lottery.  The fraudsters will tell you to cash these payments and forward the money, but after you have sent this money, the payment you originally received will bounce.

 •Lottery fraudsters use technology to mask their telephone number.  Your caller-ID may identify a call as coming from the United States that is actually coming from a foreign country.

 •Lottery fraudsters impersonate officials from federal agencies in order to convince victims that the scam is legitimate.  The United States government does not participate in the distribution of prize money from lotteries and sweepstakes.

 •You should never give your Social Security number, bank account number or any other personal identifying information to these callers.  Fraudsters promise to use this information to pay the “fees” for your prize, or they offer to pay off your debts.  In reality, they use this information to steal your identity and your money.

 •Lottery fraudsters are particularly successful with victims who live alone or suffer cognitive impairment.  Fraudsters befriend victims to create trust and to convince victims to hide the payments from family members.   

Additional information on this scam is provided by the U.S. Postal Inspection service at www.deliveringtrust.com, and by the Federal Trade Commission at www.ftc.gov/bcp/edu/microsites/phonefraud/sweepstakes.shtml.