POLICE DISCIPLINE Chief suspends 2 cops for 5 days
The officers are appealing; the man arrested received five days in jail.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Patrolmen James Welch III and Frank Bigowsky have each received a five-day suspension for using excessive force during an arrest.
Both men will take their suspensions next month so their absence does not affect staffing of the Youngstown Police Department patrol division, Lt. Robin Lees, YPD spokesman, said Friday. Lees said the complaint against Welch and Bigowsky was filed by a relative of a man arrested and investigated by the Internal Affairs Division.
Welch, 32, was hired in June 1997. His suspension means a pay loss of $863.
Bigowsky, 28, was hired in December 2001. His pay loss is $751.
Before beginning their suspensions, Welch and Bigowsky must turn in their firearms. They are prohibited from working side jobs while suspended.
They have the right to appeal the disciplinary action handed out by Police Chief Robert E. Bush Jr. The chief, in a letter to the patrolmen, said they violated the YPD policy on use of force and exhibited conduct unbecoming an officer.
Patrolman Kevin Bokesch, Youngstown Police Association president, said Friday that both officers are appealing their suspension and a grievance will be filed next week. The union president declined to comment on the event that led to the discipline.
What records say
Records show that on Jan. 24 officers assigned to the Street Crimes Unit attempted to stop a car in the Glenwood Avenue area on the South Side. The driver failed to stop and police pursued the car to the North Side, near Seneca Avenue, where the driver and a passenger jumped out.
The driver and passenger ran in opposite directions. The driver got away.
Patrolmen Doug Pesa and Frank Rutherford caught up with the passenger, Marcus Kennon, 29, of Clyde Street and forced him to the ground.
Kennon kicked Pesa and refused to remove his hands from under his body so that he could be handcuffed. Pesa tried to control Kennon's left arm and Rutherford concentrated on gaining control of Kennon's right arm.
Welch and Bigowsky arrived to assist.
Bigowsky kicked Kennon a number of times in the back and Welch used a closed fist to strike Kennon numerous times in the head and face, records show. A detective, William Blanchard, arrived and told them to "knock it off" and they stopped.
Chief's letter
"While it may be true that Kennon was resisting arrest, he had one officer on each of his arms," Bush's letter to Welch states. "Your punching Kennon under these circumstances served no legitimate law enforcement purpose."
Bigowsky's letter has the same language except it says "kicking" Kennon served no law enforcement purpose.
In February, Kennon pleaded no contest to charges of resisting arrest and obstructing official business. Municipal Judge Elizabeth A. Kobly gave him credit for five days in jail.
His fines and costs in the case total $139. As of Friday, he had not paid.
Municipal court records also show that Kennon owes $240 in fines and costs from November 2001, when he was convicted of driving with a suspended license. In February 2001, he was convicted of theft and received five days in jail. He still owes $20 in that case.
meade@vindy.com