source: http://www.orlandosentinel.com/news/local/seminole/orl-mistake2607oct26,0,7860010.story
Oops! Seminole deputies flatten tires on wrong cars
Rene Stutzman |Sentinel Staff Writer
(published) October 26, 2007
Seminole County deputies blew out the tires of two cars Thursday while trying to stop a vehicle they thought was stolen. Neither, however, was the vehicle they were targeting.
Deputies were trying to stop a silver Ford Mustang that had roared away from a traffic stop about 1:30 a.m., according to the agency. Instead, about a half-hour later, they nailed a silver Dodge Charger and a dark-blue Honda.
The driver of the Charger, Calvin N. Bryant, 25, a music producer from Jacksonville, was furious. When deputies learned he had a gun inside the vehicle, three of them pointed their weapons at him and hauled him out through the driver's window, he said.
He and his girlfriend, Kimberly Paige, 23, of Orange Park, were handcuffed. That left her 1-year-old son in the car, crying, she said.
"We were not doing anything improper," Paige said. They were on vacation, she said, headed to Orlando for a long weekend.
Bryant had a permit to carry the .357-caliber Glock, and deputies uncuffed him at the scene and returned his gun. Still, he was angry about the whole thing Thursday afternoon, 12 hours later.
According to the Sheriff's Office report, Bryant was "not compliant at times" and "was guided" out of his vehicle and cuffed after he told deputies he had a gun and a permit.
No one was hurt in the 2 a.m. incident, although both cars were driving at highway speed on State Road 417 near Aloma Avenue when they hit spiked sticks that deputies had placed on the pavement.
The sticks ruined both front tires on the Charger. They destroyed both tires on the driver's side of the Honda, said Geoffrey Blatchly, 54, of Oviedo, who was at the wheel.
He was on his way to work at a cement plant when he hit the sticks at about 70 mph, he said.
Blatchly, who was not carrying a gun, was not handcuffed. An officer drove him to work, and the Sheriff's Office promised to replace all four of his tires, he said.
The Sheriff's Office also was working to replace the tires on Bryant's Charger.
The Mustang? It got away.
Rene Stutzman can be reached at rstutzman@orlandosentinel.com
Friday, October 26, 2007
Sunday, October 14, 2007
Sentinel rushes to clear deputy who runs over pedestrian
Does anyone think that the Sentinel's headline and sub-headline on the article below is odd? After all, vehicles don't drive themselves. Someone is required to turn the key in the ignition, to point the vehicle in a direction and to decide how fast it is going, etc. To paraphrase a famous anti-gun control saying, "Vehicles don't kill people; people kill people." So why the seeming rush to exonerate the Orange County deputy, James R. Brannon, when as the article points out, "Troopers said they have not determined how fast the deputy was driving at the time of the accident."
Yet the Sentinel is trying to make it sound like this incident could just be an unfortunate accident--with no culpability on the part of the deputy. Notice how they immediately--in the very first paragraph--ascribe this tragedy to unsafe conditions caused by the lack of a traffic light, without even knowing whether the deputy might have been at fault.
In the third paragraph they go further in trying to exonerate the deputy--again without any evidence--by blaming the victim, 38-year-old Shaun McCann, for allegedly having been wearing sunglasses, talking on his cell phone and stepping in front of the deputy's vehicle--although we thought that when driving the burden was supposed to be on drivers to look out for pedestrians, not the other way around. Notice that the source for the information on the victim is a spokesperson for the Sheriff's Office. Hardly an unbiased source since the S.O. clearly has an interest in clearing its deputy. It also seems hard to believe that someone would be wearing sunglasses at NIGHT (the time given for this incident is 8:20 p.m.).
Then paragraphs 6 through 11 are used to try to create the impression that the deputy possibly couldn't be at fault (although how could they know that yet when the Florida Highway Patrol is still investigating?). The number of accidents at this location is cited as is the lack of a traffic light and "pedestrians darting across the parkway" on a regular basis all to make it seem like this is just a naturally unsafe location. Some unspoken assumption seems to exist on the part of the Sentinel reporters that a law enforcement officer could never do something--such as driving recklessly--that would endanger the safety of civilians. The loved ones of those innocent third parties killed as a result of high-speed chases by law enforcement--including Sheriff Kevin Beary's deputies-- would surely beg to differ with that assumption.
http://www.orlandosentinel.com/news/local/orange/orl-pedestrian1407oct14,0,3097743.story
Orange deputy's car kills pedestrian
The victim was struck at an intersection prone to accidents, residents say.
Tanya Caldwell and David A. Collins |Sentinel Staff Writers
9:59 AM EDT, October 14, 2007
A car driven by an Orange County deputy struck and killed a pedestrian Saturday night at an intersection that many in the Hunter's Creek area are calling unsafe because it has no traffic light.
The deputy, James R. Brannon, was responding to a call when his patrol car hit the pedestrian about 8:20 p.m. at Hunters Park Lane and John Young Parkway, an area that has seen a boom in new businesses with more about to open.
Sheriff's spokesman Carlos Padilla said the victim, Shaun McCann, 38, was wearing sunglasses and talking on a cell phone and stepped in front of the deputy's car. Padilla said the deputy had his lights and siren on.
The Florida Highway Patrol is investigating and said the deputy was driving southbound on John Young.
Troopers said they have not determined how fast the deputy was driving at the time of the accident, which backed up traffic for several hours. Few details about the accident were available late Saturday.
Troopers said there have been 11 accidents in the same area since Sept. 1, but workers at nearby businesses said accidents have been much more frequent.
"More than you can imagine -- at least one a day," said Joshua Thye, assistant general manager at a nearby Tijuana Flats.
Most of the accidents are the result of collisions between cars trying to turn from John Young Parkway into the restaurant and retail centers sprouting up along the roadway, Thye and others said.
But they added that they see a lot of pedestrians darting across the parkway and attributed the increased foot traffic to nearby condos and apartments.
Thye said many of his patrons lived nearby and after the accident were talking about the need for a traffic light. "They can't believe it hasn't happened before with all these businesses opening up."
Joseph Bishara, owner of the New York Village pizza parlor, said he had seen at least five or six accidents in the area in the past two days.
Ginet Bilancio, a bartender at Kahuna Grill who also lives in the area, said enough is enough. "How many times does somebody have to die before they put up a streetlight?"
Tanya Caldwell can be reached at tcaldwell@orlandosentinel.com or 352-742-5928. David Collins can be reached at dcollins@orlandosentinel.com or 407-420-6292
Yet the Sentinel is trying to make it sound like this incident could just be an unfortunate accident--with no culpability on the part of the deputy. Notice how they immediately--in the very first paragraph--ascribe this tragedy to unsafe conditions caused by the lack of a traffic light, without even knowing whether the deputy might have been at fault.
In the third paragraph they go further in trying to exonerate the deputy--again without any evidence--by blaming the victim, 38-year-old Shaun McCann, for allegedly having been wearing sunglasses, talking on his cell phone and stepping in front of the deputy's vehicle--although we thought that when driving the burden was supposed to be on drivers to look out for pedestrians, not the other way around. Notice that the source for the information on the victim is a spokesperson for the Sheriff's Office. Hardly an unbiased source since the S.O. clearly has an interest in clearing its deputy. It also seems hard to believe that someone would be wearing sunglasses at NIGHT (the time given for this incident is 8:20 p.m.).
Then paragraphs 6 through 11 are used to try to create the impression that the deputy possibly couldn't be at fault (although how could they know that yet when the Florida Highway Patrol is still investigating?). The number of accidents at this location is cited as is the lack of a traffic light and "pedestrians darting across the parkway" on a regular basis all to make it seem like this is just a naturally unsafe location. Some unspoken assumption seems to exist on the part of the Sentinel reporters that a law enforcement officer could never do something--such as driving recklessly--that would endanger the safety of civilians. The loved ones of those innocent third parties killed as a result of high-speed chases by law enforcement--including Sheriff Kevin Beary's deputies-- would surely beg to differ with that assumption.
http://www.orlandosentinel.com/news/local/orange/orl-pedestrian1407oct14,0,3097743.story
Orange deputy's car kills pedestrian
The victim was struck at an intersection prone to accidents, residents say.
Tanya Caldwell and David A. Collins |Sentinel Staff Writers
9:59 AM EDT, October 14, 2007
A car driven by an Orange County deputy struck and killed a pedestrian Saturday night at an intersection that many in the Hunter's Creek area are calling unsafe because it has no traffic light.
The deputy, James R. Brannon, was responding to a call when his patrol car hit the pedestrian about 8:20 p.m. at Hunters Park Lane and John Young Parkway, an area that has seen a boom in new businesses with more about to open.
Sheriff's spokesman Carlos Padilla said the victim, Shaun McCann, 38, was wearing sunglasses and talking on a cell phone and stepped in front of the deputy's car. Padilla said the deputy had his lights and siren on.
The Florida Highway Patrol is investigating and said the deputy was driving southbound on John Young.
Troopers said they have not determined how fast the deputy was driving at the time of the accident, which backed up traffic for several hours. Few details about the accident were available late Saturday.
Troopers said there have been 11 accidents in the same area since Sept. 1, but workers at nearby businesses said accidents have been much more frequent.
"More than you can imagine -- at least one a day," said Joshua Thye, assistant general manager at a nearby Tijuana Flats.
Most of the accidents are the result of collisions between cars trying to turn from John Young Parkway into the restaurant and retail centers sprouting up along the roadway, Thye and others said.
But they added that they see a lot of pedestrians darting across the parkway and attributed the increased foot traffic to nearby condos and apartments.
Thye said many of his patrons lived nearby and after the accident were talking about the need for a traffic light. "They can't believe it hasn't happened before with all these businesses opening up."
Joseph Bishara, owner of the New York Village pizza parlor, said he had seen at least five or six accidents in the area in the past two days.
Ginet Bilancio, a bartender at Kahuna Grill who also lives in the area, said enough is enough. "How many times does somebody have to die before they put up a streetlight?"
Tanya Caldwell can be reached at tcaldwell@orlandosentinel.com or 352-742-5928. David Collins can be reached at dcollins@orlandosentinel.com or 407-420-6292
Saturday, October 13, 2007
Cop ends slip-and-fall lawsuit as public cries foul
Sgt. Eichhorn should still be fired. Someone that callous has no business being in any position of authority over the public. She also has had ethics issues in the past (see below), which is another reason she needs to go.
"The Orlando Sentinel reviewed Eichhorn's personnel file last week, and it was unblemished, but on Thursday the city produced more records, showing she had been disciplined in 1998.
"According to police records, Eichhorn had used a false name four times while working an off-duty job, something the Police Department concluded may have been a tax dodge designed to hide income. She was docked a week's pay, took a $40 pay cut and was banned from off-duty jobs for six months."
http://www.orlandosentinel.com/orl-cop1207oct12,0,6117245.story
Cop ends slip-and-fall lawsuit as public cries foul
The Casselberry sergeant who sued a family after an injury was placed on leave.
Rene Stutzman |Sentinel Staff Writer
4:59 PM EDT, October 12, 2007
CASSELBERRY - The police sergeant who filed a slip-and-fall lawsuit against the family of a severely brain-damaged toddler is abandoning her case.
Amid heavy criticism from people angry about the suit, the Police Department began an internal investigation and placed Sgt. Andrea Eichhorn on paid leave Thursday. Shortly afterward, her attorney reported she was giving up her lawsuit.
And she did Friday, filing a formal notice of dismissal mid-day today.
Eichhorn, 35, had sued on Oct. 1, accusing Joey Cosmillo's family of negligence. Eichhorn was one of several officers sent to their home Jan. 9 after the boy's mother called 911 to report that her 1-year-old son had wandered into the backyard, fallen into the pool and nearly drowned.
The mother, Angela Cosmillo, had carried the boy inside, leaving a trail of water. Eichhorn slipped and fell in a puddle when she walked inside the home to join rescuers who resuscitated the boy.
She broke a kneecap and was off the job two months, but she returned to full duty months ago, and the city of Casselberry or its insurer covered all her medical costs and paid her full salary.
After a story appeared in the Orlando Sentinel on Wednesday, hundreds of people inundated Casselberry City Hall and the Police Department with calls and e-mail, voicing their outrage about the suit.
The outcry got results: Late Thursday afternoon, attorney David Heil reported that Eichhorn was backing down.
"Ms. Eichhorn has decided to dismiss the suit," he said.
He would not comment further, and his client could not be reached for comment.
"I'm elated, of course," said an exhausted Richard Cosmillo, 69, the boy's grandfather and guardian. He had been inundated with calls for interviews while still spending hours each day with Joey, who cannot walk, talk, sit up or swallow.
The child, 22 months old, lives in a nursing home and breathes through a tube. He takes nourishment through a second tube.
"It really is an outrageous thing she was trying to do. Outrageous," Cosmillo said. "I just think that preying on people with such extreme injury is just, it's just not even human."
Wednesday, the day the story broke, Eichhorn worked part of her shift, supervising the agency's seven detectives, but she went home early.
On Thursday, she did not come in. In midafternoon, she got more bad news: Police Chief John Pavlis had filed a formal complaint against her, setting up the internal investigation.
It was prompted by the mass outpouring of criticism, said police Lt. Dennis Stewart, the Police Department spokesman. The chief did not accuse her of wrongdoing, Stewart said, but he asked the agency to re-examine the case.
The Orlando Sentinel reviewed Eichhorn's personnel file last week, and it was unblemished, but on Thursday the city produced more records, showing she had been disciplined in 1998.
According to police records, Eichhorn had used a false name four times while working an off-duty job, something the Police Department concluded may have been a tax dodge designed to hide income. She was docked a week's pay, took a $40 pay cut and was banned from off-duty jobs for six months.
Since news of the lawsuit broke, city officials have worked hard to distance themselves from it. Neither the city nor the Police Department is named in the suit, and city officials stressed that they had tried to talk Eichhorn out of filing it.
"We don't condone it," City Manager Barbara Lipscomb said.
It is important, she said, that Casselberry residents remain confident that if they call 911, the Police Department won't send an officer looking to sue them.
Even though Eichhorn plans to drop her suit, Lipscomb said the internal investigation would continue.
It's not clear how long it will last, Stewart said.
Cosmillo left his grandson's bedside at the nursing home about 7:15 p.m. Thursday. He said he would return today.
"I'll just keep doing what I'm doing," he said. "There's nothing more I can do: Hold him. Kiss him. Hug him. Talk to him."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-324-7294.
http://www.orlandosentinel.com/news/opinion/orl-ed13307oct13,0,993274.story
EDITORIAL
An outrageous move
Our position: A cop's lawsuit against a family for her on-duty injury defied reason.
October 13, 2007
Greed has its limits, after all.
It took several days of complaints from an outraged public, but Casselberry Police Sgt. Andrea Eichhorn dropped her callous slip-and-fall lawsuit against the family of a severely brain-damaged toddler who nearly drowned last January.
Ms. Eichhorn responded to the 911 call and injured her knee when she slipped on a puddle of water left when the child was removed from the pool. Even though all her bills were covered by the city, she sued the family of Joey Cosmillo, piling more stress and anguish onto people already suffering through a horrible tragedy.
How could any public servant be so mean-spirited? She's on administrative leave now. Ms. Eichhorn might want to use the time to decide whether she's really cut out for public service.
"The Orlando Sentinel reviewed Eichhorn's personnel file last week, and it was unblemished, but on Thursday the city produced more records, showing she had been disciplined in 1998.
"According to police records, Eichhorn had used a false name four times while working an off-duty job, something the Police Department concluded may have been a tax dodge designed to hide income. She was docked a week's pay, took a $40 pay cut and was banned from off-duty jobs for six months."
http://www.orlandosentinel.com/orl-cop1207oct12,0,6117245.story
Cop ends slip-and-fall lawsuit as public cries foul
The Casselberry sergeant who sued a family after an injury was placed on leave.
Rene Stutzman |Sentinel Staff Writer
4:59 PM EDT, October 12, 2007
CASSELBERRY - The police sergeant who filed a slip-and-fall lawsuit against the family of a severely brain-damaged toddler is abandoning her case.
Amid heavy criticism from people angry about the suit, the Police Department began an internal investigation and placed Sgt. Andrea Eichhorn on paid leave Thursday. Shortly afterward, her attorney reported she was giving up her lawsuit.
And she did Friday, filing a formal notice of dismissal mid-day today.
Eichhorn, 35, had sued on Oct. 1, accusing Joey Cosmillo's family of negligence. Eichhorn was one of several officers sent to their home Jan. 9 after the boy's mother called 911 to report that her 1-year-old son had wandered into the backyard, fallen into the pool and nearly drowned.
The mother, Angela Cosmillo, had carried the boy inside, leaving a trail of water. Eichhorn slipped and fell in a puddle when she walked inside the home to join rescuers who resuscitated the boy.
She broke a kneecap and was off the job two months, but she returned to full duty months ago, and the city of Casselberry or its insurer covered all her medical costs and paid her full salary.
After a story appeared in the Orlando Sentinel on Wednesday, hundreds of people inundated Casselberry City Hall and the Police Department with calls and e-mail, voicing their outrage about the suit.
The outcry got results: Late Thursday afternoon, attorney David Heil reported that Eichhorn was backing down.
"Ms. Eichhorn has decided to dismiss the suit," he said.
He would not comment further, and his client could not be reached for comment.
"I'm elated, of course," said an exhausted Richard Cosmillo, 69, the boy's grandfather and guardian. He had been inundated with calls for interviews while still spending hours each day with Joey, who cannot walk, talk, sit up or swallow.
The child, 22 months old, lives in a nursing home and breathes through a tube. He takes nourishment through a second tube.
"It really is an outrageous thing she was trying to do. Outrageous," Cosmillo said. "I just think that preying on people with such extreme injury is just, it's just not even human."
Wednesday, the day the story broke, Eichhorn worked part of her shift, supervising the agency's seven detectives, but she went home early.
On Thursday, she did not come in. In midafternoon, she got more bad news: Police Chief John Pavlis had filed a formal complaint against her, setting up the internal investigation.
It was prompted by the mass outpouring of criticism, said police Lt. Dennis Stewart, the Police Department spokesman. The chief did not accuse her of wrongdoing, Stewart said, but he asked the agency to re-examine the case.
The Orlando Sentinel reviewed Eichhorn's personnel file last week, and it was unblemished, but on Thursday the city produced more records, showing she had been disciplined in 1998.
According to police records, Eichhorn had used a false name four times while working an off-duty job, something the Police Department concluded may have been a tax dodge designed to hide income. She was docked a week's pay, took a $40 pay cut and was banned from off-duty jobs for six months.
Since news of the lawsuit broke, city officials have worked hard to distance themselves from it. Neither the city nor the Police Department is named in the suit, and city officials stressed that they had tried to talk Eichhorn out of filing it.
"We don't condone it," City Manager Barbara Lipscomb said.
It is important, she said, that Casselberry residents remain confident that if they call 911, the Police Department won't send an officer looking to sue them.
Even though Eichhorn plans to drop her suit, Lipscomb said the internal investigation would continue.
It's not clear how long it will last, Stewart said.
Cosmillo left his grandson's bedside at the nursing home about 7:15 p.m. Thursday. He said he would return today.
"I'll just keep doing what I'm doing," he said. "There's nothing more I can do: Hold him. Kiss him. Hug him. Talk to him."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-324-7294.
http://www.orlandosentinel.com/news/opinion/orl-ed13307oct13,0,993274.story
EDITORIAL
An outrageous move
Our position: A cop's lawsuit against a family for her on-duty injury defied reason.
October 13, 2007
Greed has its limits, after all.
It took several days of complaints from an outraged public, but Casselberry Police Sgt. Andrea Eichhorn dropped her callous slip-and-fall lawsuit against the family of a severely brain-damaged toddler who nearly drowned last January.
Ms. Eichhorn responded to the 911 call and injured her knee when she slipped on a puddle of water left when the child was removed from the pool. Even though all her bills were covered by the city, she sued the family of Joey Cosmillo, piling more stress and anguish onto people already suffering through a horrible tragedy.
How could any public servant be so mean-spirited? She's on administrative leave now. Ms. Eichhorn might want to use the time to decide whether she's really cut out for public service.
Thursday, October 11, 2007
Cop who fell on the job sues family of baby who almost drowned
"The baby's mother was the only one home Jan. 9, when the boy slipped out of the house and wound up in the pool, according to a police report.
"She plunged in and dragged him out, carrying him inside, down a hallway and into a bedroom. She also called 911."
What exactly did this cop do to help this poor kid? Sgt. Eichhorn should be fired for harassing the Cosmillo family with this lawsuit.
http://www.orlandosentinel.com/news/local/seminole/orl-mdrown1007oct10,0,7318452.story
Cop who fell on the job sues family of baby who almost drowned
An officer who went to help when a baby fell in a pool says she slipped in a puddle.
Rene Stutzman |Sentinel Staff Writer
October 10, 2007
CASSELBERRY - In January, 1-year-old Joey Cosmillo wandered into the backyard and fell into the family pool. When his mother hauled him out, he wasn't breathing. Rescuers were able to bring him back to life, but he suffered severe brain damage and cannot walk, talk or even swallow.
Now, his family faces another burden: One of the rescuers, Casselberry police Sgt. Andrea Eichhorn, is suing, alleging the family left a puddle of water on the floor that afternoon, causing her to slip and fall.
The boy's grandparents, named in the suit, are mystified and angry.
"The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather. "Of course there's going to be water in the house. He was sopping wet when we brought him in."
Eichhorn last week sued Richard Cosmillo; his wife, Maggie Cosmillo; and the boy's mother, Angela Cosmillo, accusing them of negligence. They were careless, according to the suit, and allowed the home they shared to become unsafe.
As a consequence, Eichhorn broke her knee, something that kept her off the job for two months, according to police Chief John Pavlis.
Joey now lives in a nursing home five miles away, where he gets 24-hour care. He breathes through one tube. He's fed through another.
"He doesn't have any abilities -- any," his grandmother said. "He can't sit. He can't swallow. He can't eat. We're not even sure he can see."
She and Richard Cosmillo are the boy's legal guardians. For the first two months after the accident, she remained at his bedside, never once going home.
She has now gone back to work at a furniture store, and her husband keeps watch on the boy. He visits every day.
"This thing," Maggie Cosmillo said, "has destroyed our lives forever."
The baby's mother was the only one home Jan. 9, when the boy slipped out of the house and wound up in the pool, according to a police report.
She plunged in and dragged him out, carrying him inside, down a hallway and into a bedroom. She also called 911.
Eichhorn arrived a few minutes later. As she stepped into the room where rescuers were working on the boy, she slipped and went down on one knee, then stood back up, according to Richard Cosmillo.
Later that day, she went to an emergency care center and eventually to an orthopedist, according to her attorney, David Heil.
While she was on medical leave, Pavlis said, the city's insurer paid her medical bills and provided disability checks.
Eichhorn, a 12-year department veteran, would not discuss the suit. Her attorney said those benefits, paid by the city's workers' compensation carrier, were not enough. The suit seeks an unspecified amount of money.
Eichhorn, he said, is a victim. Her knee aches, and she will likely develop arthritis.
If the Cosmillos had made their pool baby-proof, police would not have been called to the scene, there would have been no water on the floor, and Eichhorn would not have hurt herself, he said.
"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," he said.
The department's personnel file on Eichhorn, who earns $48,000 a year, is filled with letters of praise. She has worked as a prostitution decoy and a hostage negotiator, and once wrestled a box of razor blades away from a person threatening suicide.
"She is the best sergeant within the police department and should become the next lieutenant," her supervisor wrote in a job review in 2003.
"Sgt. Eichhorn is a good officer," Pavlis said Tuesday.
He urged her not to file the lawsuit, he said, but there was nothing he could do.
The Cosmillos have not given the suit much attention, they say.
Richard Cosmillo is busy looking after Joey, whose name he had tattooed over his heart a few days after the accident, when doctors told the family the boy would survive only a few hours.
But Joey, now almost 23 months old, has survived. He can smile, and he appears to recognize music, his grandparents say. His grandfather hopes for much more.
"Joey is a Roman gladiator. He is an absolute warrior," Richard Cosmillo said. "There isn't anything or anyone in this world that I love as much as him."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-324-7294.
"She plunged in and dragged him out, carrying him inside, down a hallway and into a bedroom. She also called 911."
What exactly did this cop do to help this poor kid? Sgt. Eichhorn should be fired for harassing the Cosmillo family with this lawsuit.
http://www.orlandosentinel.com/news/local/seminole/orl-mdrown1007oct10,0,7318452.story
Cop who fell on the job sues family of baby who almost drowned
An officer who went to help when a baby fell in a pool says she slipped in a puddle.
Rene Stutzman |Sentinel Staff Writer
October 10, 2007
CASSELBERRY - In January, 1-year-old Joey Cosmillo wandered into the backyard and fell into the family pool. When his mother hauled him out, he wasn't breathing. Rescuers were able to bring him back to life, but he suffered severe brain damage and cannot walk, talk or even swallow.
Now, his family faces another burden: One of the rescuers, Casselberry police Sgt. Andrea Eichhorn, is suing, alleging the family left a puddle of water on the floor that afternoon, causing her to slip and fall.
The boy's grandparents, named in the suit, are mystified and angry.
"The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather. "Of course there's going to be water in the house. He was sopping wet when we brought him in."
Eichhorn last week sued Richard Cosmillo; his wife, Maggie Cosmillo; and the boy's mother, Angela Cosmillo, accusing them of negligence. They were careless, according to the suit, and allowed the home they shared to become unsafe.
As a consequence, Eichhorn broke her knee, something that kept her off the job for two months, according to police Chief John Pavlis.
Joey now lives in a nursing home five miles away, where he gets 24-hour care. He breathes through one tube. He's fed through another.
"He doesn't have any abilities -- any," his grandmother said. "He can't sit. He can't swallow. He can't eat. We're not even sure he can see."
She and Richard Cosmillo are the boy's legal guardians. For the first two months after the accident, she remained at his bedside, never once going home.
She has now gone back to work at a furniture store, and her husband keeps watch on the boy. He visits every day.
"This thing," Maggie Cosmillo said, "has destroyed our lives forever."
The baby's mother was the only one home Jan. 9, when the boy slipped out of the house and wound up in the pool, according to a police report.
She plunged in and dragged him out, carrying him inside, down a hallway and into a bedroom. She also called 911.
Eichhorn arrived a few minutes later. As she stepped into the room where rescuers were working on the boy, she slipped and went down on one knee, then stood back up, according to Richard Cosmillo.
Later that day, she went to an emergency care center and eventually to an orthopedist, according to her attorney, David Heil.
While she was on medical leave, Pavlis said, the city's insurer paid her medical bills and provided disability checks.
Eichhorn, a 12-year department veteran, would not discuss the suit. Her attorney said those benefits, paid by the city's workers' compensation carrier, were not enough. The suit seeks an unspecified amount of money.
Eichhorn, he said, is a victim. Her knee aches, and she will likely develop arthritis.
If the Cosmillos had made their pool baby-proof, police would not have been called to the scene, there would have been no water on the floor, and Eichhorn would not have hurt herself, he said.
"It's a situation where the Cosmillos have caused these problems, brought them on themselves, then tried to play the victim," he said.
The department's personnel file on Eichhorn, who earns $48,000 a year, is filled with letters of praise. She has worked as a prostitution decoy and a hostage negotiator, and once wrestled a box of razor blades away from a person threatening suicide.
"She is the best sergeant within the police department and should become the next lieutenant," her supervisor wrote in a job review in 2003.
"Sgt. Eichhorn is a good officer," Pavlis said Tuesday.
He urged her not to file the lawsuit, he said, but there was nothing he could do.
The Cosmillos have not given the suit much attention, they say.
Richard Cosmillo is busy looking after Joey, whose name he had tattooed over his heart a few days after the accident, when doctors told the family the boy would survive only a few hours.
But Joey, now almost 23 months old, has survived. He can smile, and he appears to recognize music, his grandparents say. His grandfather hopes for much more.
"Joey is a Roman gladiator. He is an absolute warrior," Richard Cosmillo said. "There isn't anything or anyone in this world that I love as much as him."
Rene Stutzman can be reached at rstutzman@orlandosentinel.com or 407-324-7294.
Monday, October 8, 2007
Undersheriff Back on the Job
orlandosentinel.com/news/local/orange/orl-bk-stewart100807,0,7127502.story?coll=orl_tab01_layout
Undersheriff returns to duty following disciplinary review
Henry Pierson Curtis
Sentinel Staff Writer
12:25 PM EDT, October 8, 2007
Undersheriff Malone Stewart returned to duty today at the Orange County Sheriff's Office a week after being stripped of his gun and badge.
Sheriff Kevin Beary took the action after Stewart gave an unapproved TV interview about his personal plan to reduce armed robberies.
"I'm glad to be back," Stewart said this afternoon.
The disciplinary review also involved a previously undisclosed accusation that the 30-year veteran dumped a glass of iced tea on an agency employee during an argument over lunch, according to records released today.
A review of what happened Aug. 21 at Mama Nems' Restaurant exonerated Stewart.
Other deputies and employees at the lunch meeting gave sworn statements that Stewart accidentally knocked over a glass of tea when he stood up suddenly and left the restaurant before being served, records show.
Stewart acknowledged in an interview with sheriff's Division Chief Steve Jones that he failed to notify the agency's Media Relations Office about an exclusive interview he gave Sept. 26to a WFTV-Channel 9 reporter.
Agency policy requires "that supervisors ensure that information concerning newsworthy events which has been released to the press during the absence of the Public Information Officer be reported to the PIO as soon as possible."
During the interview, Stewart had proposed assigning undercover deputies to pose as shoppers and clerks in stores in high-crime areas.
"It's a tough way, it's going gun against gun, but we do not have a choice," he said, according to sheriff's reports. "There is going to be a lot of people shot and in that shooting it very well could be some deputy sheriffs."
Beary personally signed and issued Stewart a disciplinary form upon his return to duty at 10 a.m. today.
"The perception created in your interview may have been taken by persons on the street that we are putting undercover deputies in Orange County businesses posting as employees and customers," Beary wrote. "This puts innocent citizens in danger of being mistaken as law enforcement officers and could have led to dire consequences.
"Furthermore, our agency has a detailed and well thought out plan to combat violent crime in our community and you should have discussed your ideas with our command staff first."
Henry Pierson Curtis can be reached at 407-420- 5257 or hcurtis@orlandosentinel.com.
Undersheriff returns to duty following disciplinary review
Henry Pierson Curtis
Sentinel Staff Writer
12:25 PM EDT, October 8, 2007
Undersheriff Malone Stewart returned to duty today at the Orange County Sheriff's Office a week after being stripped of his gun and badge.
Sheriff Kevin Beary took the action after Stewart gave an unapproved TV interview about his personal plan to reduce armed robberies.
"I'm glad to be back," Stewart said this afternoon.
The disciplinary review also involved a previously undisclosed accusation that the 30-year veteran dumped a glass of iced tea on an agency employee during an argument over lunch, according to records released today.
A review of what happened Aug. 21 at Mama Nems' Restaurant exonerated Stewart.
Other deputies and employees at the lunch meeting gave sworn statements that Stewart accidentally knocked over a glass of tea when he stood up suddenly and left the restaurant before being served, records show.
Stewart acknowledged in an interview with sheriff's Division Chief Steve Jones that he failed to notify the agency's Media Relations Office about an exclusive interview he gave Sept. 26to a WFTV-Channel 9 reporter.
Agency policy requires "that supervisors ensure that information concerning newsworthy events which has been released to the press during the absence of the Public Information Officer be reported to the PIO as soon as possible."
During the interview, Stewart had proposed assigning undercover deputies to pose as shoppers and clerks in stores in high-crime areas.
"It's a tough way, it's going gun against gun, but we do not have a choice," he said, according to sheriff's reports. "There is going to be a lot of people shot and in that shooting it very well could be some deputy sheriffs."
Beary personally signed and issued Stewart a disciplinary form upon his return to duty at 10 a.m. today.
"The perception created in your interview may have been taken by persons on the street that we are putting undercover deputies in Orange County businesses posting as employees and customers," Beary wrote. "This puts innocent citizens in danger of being mistaken as law enforcement officers and could have led to dire consequences.
"Furthermore, our agency has a detailed and well thought out plan to combat violent crime in our community and you should have discussed your ideas with our command staff first."
Henry Pierson Curtis can be reached at 407-420- 5257 or hcurtis@orlandosentinel.com.
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