NEW CASTLE Sanctions against officer are reversed

He is seeking reimbursement for the month of pay that he missed.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- City council reversed sanctions brought against a city police officer accused of trying to get rid of a surveillance videotape that showed a scuffle with a suspect.
Mayor Timothy Fulkerson had suspended Sgt. Robert Lepore for 30 days without pay in June after an internal investigation by his office into a missing surveillance tape.
But city council -- after two hearings and more than seven hours of testimony -- agreed Lepore should not have been sanctioned.
Lepore's attorney, Gabriel Celli, said his client should be reimbursed for the month without pay which he was forced to take before his appeal to city council could be heard.
Celli said he hopes two union grievances Lepore filed, relating to the matter, will also be settled.
What happened
Lepore received a letter June 19 stating that he violated the police department code of ethics and was placed on leave July 1.
"I think the administration acted hastily," said Councilman John Russo. "I commend the officer for what happened. I think he did a good job. He took a drug dealer off the streets."
Council voted 4-1 Monday to reverse the mayor's action. Councilwoman Patricia May was the only dissenting vote. May said she believed the evidence supported the mayor's action.
At question was a videotape showing Lepore and drug suspect Sean Rushton in a holding cell at the city police department.
The tape -- which has not been found -- was recorded by the county 911 department.
Nick Ventura, a part-time 911 dispatcher, testified that Lepore called him the day after Rushton's arrest and asked him "if there was anything he could do with the videotape."
Ventura, who is also a police officer in another department, said he had no access to the tape, but informed the 911 director of his conversation with Lepore.
Fulkerson also testified Monday that he suspended Lepore after an investigation by his office.
Lepore contends he called to ensure the tape's safety.
"I did nothing wrong. It's common practice to call for a tape. I did not ask him to destroy the tape. That's my evidence that that knucklehead I arrested from Youngstown was not beaten up," Lepore said.
Gang member
The Ayers Street Playas, a gang that ruled by intimidation, operated on Youngstown's East Side. Rushton was among those indicted in March 2001 on charges of criminal gang activity, including drug sales. In February 2002, Rushton was sentenced to three years in prison.
Rushton filed a lawsuit in April contending that Lepore used excessive force during his arrest.
Vindicator files show that Rushton was arrested in New Castle on Nov. 10, 2001, after a traffic stop. Police later found packets of suspected heroin on him.
Authorities said Rushton refused to go into the jail cell, slumping to the ground. He was then dragged into the cell, where he stood up and rushed the officer, police said. A struggle ensued and Rushton appeared to be unconscious. He was taken to the hospital, but left it with the help of others, police said.
Rushton is expected to go to trial in Lawrence County later this month on charges of possession of drugs with the intent to deliver, resisting arrest, aggravated assault and escaping police custody. Lepore said he will testify at that trial.