Wednesday, December 14, 2011

Officer charged with assault has lengthy suspension record

Officer David Estele Jones III had been suspended five times since he was hired on Sept. 27, 2000.

Earlier today, Charlotte-Mecklenburg Police responded to a freedom of information request for the public parts of Jones' employment record.

Jones is accused of slamming Richard McVicker to the ground after a traffic collision involving the officer's mother. The Observer has reported previously that Jones faced a hefty six-week suspension (240 hours) for an undisclosed incident that happened on March 25, 2010.

The suspension record, which is public information, shows the date and severity of each suspension, but it doesn't detail why Jones was punished, or if he had been accused of violent acts in the past.

In addition to the six-week suspension, Jones was also suspended without pay for a week (40 hours) on August 5, 2004. In February, 2006, he was given a probation-like suspension for one day, which would not be activated unless he got into trouble with the department again. That suspension was activated six months later when he appears to have had another departmental infraction.

During two of his suspensions, Jones was required to undergo some type of counseling. --Cleve R. Wootson Jr.


71 comments:

  1. why is he still on the force and allowed to carry a gun? I feel safer in the hood than being stopped by him

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  2. And he is still employed by CMPD ?

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  3. Time to find a new job as a bar bouncer. You are not fit to be a cop!

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  4. Cleve, As I said before, if you are as "connected" to CMPD as you want us to believe, you know why he was suspended. So tell us!

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  5. Mr. Wootson, Isn't this old news about Jones? I knew he had been suspended several times.

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  6. So a drunk guy is trying to get into a car that has your mother and your child in it and you wouldn't have done the same thing? If not then you are all pieces of crap.

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  7. Anon 6:16, what other job, anywhere, could you work at and be suspended so many times and STILL BE EMPLOYED? This cop has got to go!

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  8. Why isn't he listed a a thug?

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  9. This little runt is suffering from severe short man complex.

    He needs to be fired and have charges filed against him.

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  10. This is a shame. Yet and still these fools are allowed to keep their jobs and beat the crap out of people. C'mon man

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  11. If I had a female middle name all my life I probably have a chip on my shoulder too.

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  12. They can remove the booster seat from the little fellas police car now.

    This out of control dwarf is finished.

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  13. speaking as a retired police officer, from another state, this is the kind of guy we all work hard to get rid of. He gives ALL officers a bad name, and makes our job harder. He should have been fired OR arrested long ago. What does this tell us about the Chief of Police in Charlotte?? That is he hiring thugs, and cant control his officers, this guy is not better then the those on the streets who cant seem to follow the rules!!

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  14. If the police thing doesn't work out, I'm sure Santa can always use an extra Elf this time of year.

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  15. yeah" I remember him. what goes around comes around.1 crook to another. will not have to worry about you anymore,or should I. only crooks and felons carry guns.Getting caught is a bitch.lol

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  16. Touchy feeley only need apply.

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  17. Someone that had been suspended five times from a non-government job would have been fired after the first or second suspension. I imagine Jones wife could tell some stories about this hothead police officer.

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  18. Given the circumstances, I have to say that I would've most likely have done the same thing to the guy. First he was cruising around drunk and hit the guy's mother and then he decided to get a little feisty. As for the guy being kicked off the force, I would agree with that punishment. But with the way people get arrested these days, it's gonna be really hard in the future to replace any officers that leave.

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  19. A six week suspension is a HUGE deal. He didn't just miss a roll call. CMPD needs to terminate him now and be done with the secrecy and drama.

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  20. Some of you are forgetting the fact that his mother got out of the car demanding his id & stating her son is a cop. Then locked herself in her own car with his property. Why not charge her as well? Just because your child is a cop gives her NO right to demand a thing or take someone else's property.

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  21. Knock knock....Cleve... we know you are there.
    Go ahead and tell us, because we know you have all the details since you are Mr. CMPD Insider.
    Cleve, Cleve.....

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  22. The drunk bastard could have killed the Grandma and the kid or even you. Where's MADD in this discussion? Remember the drunk accused the officer. Let the facts of the case come out in the proper forum, not the court of public opinion. Pray for both of them.

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  23. This out of control, rogue, midget needs to be stopped before his mommy calls again and someone winds up dead.

    Instead of playing the my son is a cop card, the old hag should have called 911.

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  24. What the hell is a puny minded jerk like this doing on a police force? He gets special training that he obviously is using inappropriately. A true cop would have been able to defuse the situation without ripping apart the guys face. The mother was in the car, windows closed, with the guy's license and won't return it. Remember, the cop is the person trained to be professional. This cop makes it tougher for the other cops to do there job. IDIOT!!!

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  25. I agree 100% with anonymous 7:49.

    The pint sized, off duty cops mother should be charged with something.

    The old battle axe should have simply dialed 911.

    This was a very minor, no injury traffic accident, that she made in to a major incident.

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  26. I think most of you retards are forgetting the big picture. Drunk guy driving a car rear ends an innocent woman and her grandchild. Drunk guy is now threatening innocent woman and her grandchild by beating on the windows of her car. Innocent woman's son arrives to scene and finds his kid and mother in danger.

    I love how all of the people on here act as detectives when the only "facts" you have are the ones provided by the crappy Observer.

    Everyone is convicting the officer in this case but is still forgetting the whole root cause of the situation.

    A drunk driver hit an innocent person.

    Maybe if all drunk drivers got their butts kicked then people would think before getting behind the wheel after having a few too many.

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  27. I give the mom the benefit of the doubt. She may have just been uptight, nervous. Calling 911 would have been best, but remember this is supposedly a professional policeman. It sounds like the cop was a mean drunk. Wasn't this a CharMeck cop with the incident in Matthews?

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  28. Anon 8:15

    RETARDS? Sounds like your a real classy guy.

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  29. Why did the mom take his license and lock herself in the car?

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  30. To anonymous @7:01 pm; I am an active Law Enforcement Officer formerly of Charlotte. I agree that this guy makes us all look bad however lets remember that he was hired well before the current chief took over. Also, the CMPD has a civil review board to assist with such decisions unlike the Mecklenburg Co. Sheriff Office which is an at will position. So lets not saddle this on the current chief just yet.

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  31. First of all none of this is really relevant to this case. what is relevant are the facts.
    Unless of course you take McVicker's record of arrest for assault with a deadly weapon.
    Things the Observe has failed to meniton are that McVicker has admitted he was drunk in this accident. They have misreported numerous facts, like Jone's mother took McVicker's keys. they have stated McVicker was beaten in numerous stories when he maintained that he was not beaten. now the observer has backed off.
    They also fail to mention that the officer's son was in the car.
    They have failed to report that McVicker has liver damage from drinking and both he and his wife have gone on TV referencing his abnormal propensity for bruising. McVicker's account clearly depicts events that so not involve any strikes or weapons or any repetitive blows. One takedown. that is all he describes in multiple on camera interviews.
    The bottom line here is either the officer was justified in his behavior or he wasn't. There is a VERY high probability that his actions were justified. Moreover it is hard to count on the testimony of a drunk driver being accurate or being bale to be considered credible by an objective party.
    People are looking at the bruising which is the possible result of a number of possible events combined with McVicker's sensitivity. 1) head hits the steering wheel or windshield causese typical result - bruising 2) Air bag deploys causes typical result - bruising 3) McVicker gets taken down to the ground in a cooperative fashion 4) McVicker resists and gets forced down. 3 and 4 could have happened numerous ways all that would result in facial bruising. In every case his abnormal bruising would come into play.
    Regardless the real questions that will be answered is 1) what led up to the takedown 2) Was the takedown reasonable force. There are numerous circumstances that would justify the takedown/results McVicker received. The most likely one being that McVickere was being aggressive, uncooperative and we know he was drunk. It is great to try to paint Jones as some bad cop. But McVicker has no credibility either. He has an assault with a deadly weapon arrest and he just caused a drunk driving accident... It is reasonable to assume he might be aggressive and uncooperative.I sawy forget the media trial. let the facts come to light during the investigation

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  32. @ Anonymous 8:15 PM - you said "A drunk driver hit an innocent person."

    You left out that the cop hit an innocent person too. Innocent until proven guilty is still the law. But I don't think that cop upholds the law.

    Guess it is OK to break the law when you are near your mommy!

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  33. "Why did the mom take his license and lock herself in the car?"
    She is 63 and McVicker is 5' 11" and drunk (He admits he was drunk on numerous televison interviews) and according to her behaving aggressively and tryin g to leave the scene. She also had her 8 year old grand son in the car.

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  34. @ DECEMBER 14, 2011 8:19 PMI

    "It sounds like the cop was a mean drunk."
    The cop was not drunk. McVicker's, who caused the accident was drunk and has admitted it numerous times in TV interviews. He was arrested for DWI

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  35. @ Adolf
    "You left out that the cop hit an innocent person too."
    Officer jones did not hit McVicker period. You will not find one account where McVicker has alleged that Jones hit him. In EVERY interview he has given, he has maintained that Jones grabbed his arm and took him down face first to the ground, which he says caused his bruising.

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  36. Adolf...

    I'm guessing in your little brain that innocent means the same thing in both circumstances.

    An innocent woman sitting in a car that is rear ended by an alleged drunk driver is the same thing as an "innocent" man beating on the window of a car that has a woman and child inside? Really???

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  37. More @ adolf. Also it is not determined that the force was not justified on the part of Jones. he and his mother maintain that McVicker was behaving aggressively. McVicker says he was not. TBD by the investigation/trial

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  38. @ DECEMBER 14, 2011 9:01 PM
    McVicker was not "allegedly" drunk. He was drunk. He has stated on WSOCTV twice that he was drunk and over the legal limit

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  39. Anon 8:22....

    Please learn how to use the word you're instead of your. I'm guessing that there, their, and they're also is a challenge for you.

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  40. "The pint sized, off duty cops mother should be charged with something."
    There is nothing she can be charged with

    "The old battle axe should have simply dialed 911." She did. McVicker had every opportunity to dial 911 as well. It might have been a wiser choice than allegedly banging on her window in a *confirimed* drunken state.

    "This was a very minor, no injury traffic accident, that she made in to a major incident."
    It may have been, but she alleges he was drunk and aggressive and therefore she called her son after calling 911. Also the bruising would not have been immediate and may have been casued by hitting the steering wheel or an airbag deployment

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  41. @ Anonymous 8:52

    Thanks for chiming in Officer Short Stuff.

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  42. @DECEMBER 14, 2011 7:58 PM
    "He gets special training that he obviously is using inappropriately. A true cop would have been able to defuse the situation without ripping apart the guys face."

    He does get special training and he deals with violent and/or unpredictable uncooperative drunks all the time. McVicker was admittedly drunk. He did not tear apart his face. According to McVicker he was never struck period. His cut on his nose and all the facial bruising were (according to McVicker) solely caused by the one and only headfirst takedown. Again he openly discusses his abnormal propenstity for bruising due to liver damage from alcohol abuse on WSOCTV.
    The officer and him disagree that McVicker was aggressive. If he was aggressive the takedown is probably justified. If he wasn't aggressive it probably wasn't. Whether he was aggressive is uncear at this point. At this point, it is unfair to assume this cop did anything illegal or unjustified considering the circumstances he and his mother allege.

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  43. @ DECEMBER 14, 2011 5:58 PM
    "why is he still on the force and allowed to carry a gun?"
    Has he ever used his gun in an inappropriate way? He obviously didn't in this case.

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  44. @ DECEMBER 14, 2011 6:31 PM
    "This little runt is suffering from severe short man complex."
    The arrest website lists him as 5' 11" and 220lbs. I don't think that qualifies...

    "He needs to be fired and have charges filed against him."
    What charges are you saying should be filed against him based on past suspensions? This makes no sense.

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  45. Estele is in the house and getting real wordy in his defense.

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  46. @ DECEMBER 14, 2011 9:55 PM
    I am not officer Jones. I presented the factual information in this case. if you have anything you think you can refute, please go right ahead. Otherwise save your stupid wise cracks.

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  47. I guess that will shut him up.

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  48. It's a given that the guy that drank 2 1/2 beers should not have been behind the wheel but it wasn't a crash it was a minor fender bender. The cop and the old woman both over reacted. The son has no business being on the police force especially with 5 previous suspensions. I feel sure David Estelle Jones will be unemployed very soon.

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  49. @ DECEMBER 14, 2011 10:51 PM
    "It's a given that the guy that drank 2 1/2 beers should not have been behind the wheel"
    - It is not a given that he only had 2.5 beers or that he was cooperative. That is what McVickers alleges. He also admits he was drunk and over the legal limit.

    "The cop and the old woman both over reacted."
    That is TBD. Jones and his mother allege that he was intoxicated and behaving aggressively. It is highly plausible that he was aggressive considering he was drunk. Neither may have been over-reacting

    The son has no business being on the police force especially with 5 previous suspensions. I feel sure David Estelle Jones will be unemployed very soon.
    - You are entitled to your opinion but he was off duty at the time anyway, so it is even more irrelevant to the case.


    POST A COMMENT

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  50. I think DEJ will get off scott free cause it'll be a he said / he said thing. Right or wrong that unfortunately feeds into bad feelings that cops can get away with this type of action.

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  51. DECEMBER 14, 2011 11:09 PM
    "I think DEJ will get off scott free cause it'll be a he said / he said thing. Right or wrong that unfortunately feeds into bad feelings that cops can get away with this type of action."
    One of the biggest factors is that in this he said she said case. McVicker was drunk and his testimony has to be taken with some skepticism because of that. His testimony also has to be taken with skepticism because he caused the accident.
    Then on top of that the officer has account. His mother and son are also witnesses and their accounts are likely to match th officers. So you have two innocent accident victims and an off duty cop's testimony vs. a drunk man who caused an accident and his perception was altered.
    Additionally, you have the fact that this officer never punched, kicked, beat, or used weapons or repeated any violent behavior at all. The officer attempted to make the drunk driver submit and detain him. Worst case scenario he took him down way to hard. Without more violent behavior or overt offensive techniques, there is a very hard case for assault

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  52. No one "wins" in this case. Not McV, not Jones, not the police reputation, not the Mom - no one. It is a tragedy that something like this had to happen from a fender bender. I hope everyone involves learns how to handle their piece of this better in the future.

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  53. Come on people... This officer is obviously a hothead... McVicker may have been drinking but it's quite obvious "officer" Jones is a head case... Let's be sensible here... You have a man who was drinking and rear-ended someone in a low speed collision... Not cool, but it doesn't make him a bufoon who has no clue what happened... Use some common sense for god sakes... Mr. Jones behavior is WAY more suspect here... Especially given his record.

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  54. @DECEMBER 15, 2011 12:26 AM
    "Come on people... This officer is obviously a hothead..."
    Based on this event we are unable to determine if he reacted in anger. According to him he was acting in the defense of his mother and son. Also he engaged in no strikes kicks, punches repeated violent behavior, used no weapons. He basically took this guy down to the ground. The only thing in contention between McVicker and Jones is how hard he took him down. Based on the limited evidence whether he acted out of anger is TBD until the investigation is complete. Of his 5 suspensions only one wasn't **minor** Minor infractions are typically time clock or uniform related issues and don't involve things like excessive force. Regardless we don' thave info showing he was hot headed, so we can't assume he is hot headed.
    McVicker also had an arrest for assault with a deadly weapon in 2010

    "McVicker may have been drinking but it's quite obvious "officer" Jones is a head case... Let's be sensible here..."
    Yes lets be sensible. Officer jones is a police officer who has had mostly minor disciplinary issues and McVicker has had an assault with a deadly weapon charge and is a 20 year alcoholic suffering from chronic liver damage.

    "You have a man who was drinking and rear-ended someone in a low speed collision... Not cool, but it doesn't make him a bufoon who has no clue what happened... Use some common sense for god sakes..."
    First of all it more than just uncool. he could have killed someone. you make it sound like it is no big deal. he hit a 63 year old woman and an 8 year old boy. They maintain he tried to leave the scene and was beating on the car. As far as his perception that is all based on how drunk he was and we just don't know how incoherent he was or wan't."

    "Mr. Jones behavior is WAY more suspect here... Especially given his record."

    Based on this event we are unable to determine if he reacted in anger. According to him he was acting in the defense of his mother and son. Also he engaged in no strikes kicks, punches repeated violent behavior, used no weapons. He basically took this guy down to the ground. The only thing in contention between McVicker and Jones is how hard he took him down. Based on the limited evidence whether he acted out of anger is TBD until the investigation is complete. Of his 5 suspensions only one wasn't **minor** Minor infractions are typically time clock or uniform related issues and don't involve things like excessive force. Regardless we don' thave info showing he was hot headed, so we can't assume he is hot headed.
    McVicker also had an arrest for assault with a deadly weapon in 2010

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  55. David Jones is another creaper, corrupted COP. Get rid of the A-hole. Many join the police force to compensate for a Big Ego. This is a perfect example of misuse of power.

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  56. Until you have been the victim of a rogue cop, which there are many, you may not understand. I bet most would change there tune about this cop.

    I was once visiting a friends house in NJ, went to the store with him and was swarmed by local police, because of fla tags. Had a shotgun stuck in my face, dragged from the car, called every name in the book. Both of us were taken to the police station, taken to different rooms, I was told that we were dealing drugs and they had seen us selling them under the hood of a car. We were changing battery terminals for his sister. I was told that I would be put in jail and raped before I could talk to an attorney and that my buddy was spilling the beans about me. I had no Idea what was going on. Apparently my buddies sister was a small time dealer and my buddies mother was living with her, he just wanted to top by and see his mother. Not condoning the drugs. Anyway, believe it or not we were both taken to the same cell and handcuffed to a ring in the floor, in the 1980s ! I knew nothing to tell the police. I was still covered in mud from being thrown to the ground face first, knee in the back and handcuffed. Later we were asked where we wanted to be taken, like nothing happened. We went back to the apt. Where my buddies mother and sister lived., only to find out that the police had raided the apt while we were in the jail. The sister had the warrant in her hand, she asked " who the hell is @&$&@". I said that is me. The warrant read that I had gone into the police station of my own free will and reported her, total lies and crap, I knew nothing therefore I told them nothing. The Ironic part is the police dept originally went to the wrong address to begin with and kcked in another innocent victims door.

    Police should not have this kind of power, to just abuse the public.

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  57. How do we know that the off duty cop wasnt drunk, most drink like fishes.

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  58. The suspensions point to a failed system in which it is seemingly impossible to terminate the employment of any individual governed by the Civil Service Board. As for any "one-day" suspension, these could be the result of an "unexcused"...missing court, training, etc. As for the lengthy suspension, I could only speculate. Personally, I think he should resign.

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  59. @ December 15, 2011 7:29 AM
    How do we know that the off duty cop wasnt drunk, most drink like fishes."

    Does not deserve a response. Provide evidence he was drunk. There has ben no accusation. The driver who caused the accident was drunk and has admited it.

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  60. @ December 15, 2011 6:27 AM
    Each human being is repsonsible for their own behavior. This officer is responsible for his own behavior. There is nothing specifically indicating he is a rogue cop or that he was in New Jersey in the 1980's and put a shotgun in your face and detained you. This is Charlotte't use any weapon Mecklenburg in NC 600 miles away and it 1s 2011. This officer bviously wasn't involved. He also didn't initiate this situation with the drunk driver who caused/hit his mother and son. the drunk driver did. he was also off duty and there is no indication he did any of the things you claim happened to you in that altercation. furthermore as far as his on duty performance, there is no indication he has done any of the things you mentioned on your example. nor does he control what power the police have or the potential for abuse. All he can do is deal with each day like the best he can like any other person on the face of this earth

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  61. @ December 15, 2011 1:44 AMDavid
    "Jones is another creaper, corrupted COP. Get rid of the A-hole. Many join the police force to compensate for a Big Ego. This is a perfect example of misuse of power."
    Please provide a perfect exammple of Officer Jone's misuse of power. I mean with facts that show he has been found guilty of abusing his power. Please also note that in the case with the drunk driver, he was off duty and McVicker maintains he did not indicate he was a police officer. Not only did h enot have "power" he didn't say or imply he did according to McVicker.

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  62. I agree. It looks like mr. Defense has been on this for 2 days. Take a break. Smile. Get a life.

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  63. Apparently the police dept. felt he was wrong. He was supended and has a mug shot.

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  64. I have family member, not blood who is a Charmeck police officer. I witnessed his bully tactics. We were all about to go out for dinner when his wife came in and felt she had been disrespected by a store clerk. He dropped everything, drove to the store and jumped all over the clerk and told the clerk he was a police officer. Totlally bogus, In the meantime we are all waiting for the hothead to return. I agree with the ego maniac tag placed on officers. I have watched freinds change from oridinary people to jerks once on the force.

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  65. Its obvious there is a stupid person defending all of these post, more than likely it is officer Jones- obsessive with the rebuttals. Going overboard fits his character.

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  66. All the people who think he was justified in his action because it was his mother and son; please remember, while that might work for civilians it is NOT acceptable for a police officer to allow personal emotions to fog their judgement. The drunk driver will be dealt with by the legal system, but Jones need to be terminated for having a HISTORY of violating CMPD procedures, this incident occurred outside Charlotte and he had NO BUSINESS arresting someone there, he should have allowed the Matthews police to handle it and only be there to support his mother (i.e. non-physical engagement of the drunk). No one is excusing McVicker's action, but one the same coin, no one should excuse Jone's action either.

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  67. @ December 18, 2011 7:49 AM

    I am not justifying the officer's actions but Matthews is in Mecklenburg County and I believe the Charlotte Mecklenburg officer does have jurisdiction anywhere in the county.
    And even if the off duty officer didn't know either the suspect or victim in the car and arrived on the scene and sees a drunk beating on the window of an elderly womans car, I would hope the off duty officer would get involved.
    Don't get me wrong, by his suspension record, it appears to me that the officer probably should have been fired already, but I think people may be reading too much into this incident.

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