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CAPA student claims Pittsburgh cops beat him

Thursday, January 21, 2010
By Timothy McNulty, Pittsburgh Post-Gazette

A senior at the city's Creative and Performing Arts high school is claiming that
undercover police brutally beat him last week in Homewood.

Jordan Miles, 18, had a hearing scheduled this morning on charges of aggravated
assault and resisting arrest for an altercation Jan. 11 with three plain clothes Pittsburgh
Police officers, but it was suspended when the officers did not appear. Mr. Miles was
going to defend himself from the charges by describing the beating he took from
police, which included a tree branch impaling his gums and a chunk of hair pulled
from his head, his attorney said today, in addition to repeated blows to his head.

Police took him to West Penn Hospital for treatment. He also went back to the hospital
after he was released from custody.

"Based on what I've seen, I can't see any justification for the extreme force used," his
attorney, Kerry Lewis, said in an interview.

The city's Office of Municipal Investigations is looking into the incident and will do a
full investigation, police spokeswoman Diane Richard said.

According to the police criminal complaint, three officers on undercover patrol on

Tioga STreet saw Mr. Miles at 11 p.m. Jan. 11. Seeing a heavy object in his coat and
indentifying themselves as police, they ordered him to stop.

Mr. Miles ran and the three officers, suspecting he might have a gun and be under the
influence of drugs, shot him with a Taser and struck him with their knees and fists.
The complaint said the heavy object in his coat turned out to be a bottle of Mountain
Dew.

Mr. Lewis, the attorney, denied that police identified themselves and said Mr. Miles
was walking between his mother's house and his grandmother's house at the time of
the incident.
Timothy McNulty can be reached at tmcnulty@post-gazette.com or 412-263-1581.

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First published on January 21, 2010 at 2:23 pm
 




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Brutality charged as Pittsburgh police defend

'fist strikes' on teen
STORY HIGHLIGHTS
Officers believed Jordan Miles, who ran from them, was engaged in criminal activity
Miles' mother says she plans to file civil rights claim; judge postpones case until next month
Jordan Miles was charged with aggravated assault, loitering, resisting arrest and escape

(CNN) -- An arrest in which several punches were thrown has triggered an accusation of brutality against Pittsburgh, Pennsylvania,
police from the mother of the 18-year-old honor student who was taken into custody.

Police, in a criminal complaint on the incident, say "closed fist strikes" were used by the undercover police officers, but only to subdue
the teenager as he tried to get away.

His mother said she plans to file a civil rights claim against the officers.

Terez Miles said her son, Jordan Miles, who is black, thought his life was in jeopardy when three white men jumped out of a car on
the night of January 11 as he walked not far from his home.

"My son tried to run thinking his life was in jeopardy," Terez Miles said. "He made three steps before he slipped and fell." After that,
she said, the police used a stun gun and beat him, pulling out a chunk of his hair.

The criminal complaint says the officers, considering Jordan Miles' appearance suspicious, got out of the car and identified
themselves as police. He tried to flee, fell, and then struggled to escape.

The officers "delivered 2-3 closed fist strikes to Miles' head/face with still no effect," and then a "knee strike to Miles' head causing
him to momentarily stop resisting," so that he could be handcuffed, the document says.

Miles' mother said the officers did not identify themselves as police to her son, a viola player and student at the city's Creative and
Performing Arts High School.

The complaint says the police officers believed Miles was engaged in criminal activity and possibly armed with a "large heavy object."
The object turned out to be a bottle of Mountain Dew.

Miles was charged with aggravated assault, loitering, resisting arrest and escape.

A hearing in the case was scheduled for Thursday, but it was unclear whether the officers involved showed up, said Miles' attorney,
Kerry Lewis. The judge postponed the case until February 18.

Pittsburgh Mayor Luke Ravenstahl is "taking this very seriously," said his press secretary, Joanna Doven. "The case is being
investigated, he's closely monitoring it. He's met with the chief."

The three officers were taken off plainclothes duty and were back in uniform, she said.

Terez Miles contends the officers used too much force.

"My son is 150 pounds and 5-foot-6. There's no need for this degree of violence and brutality for someone of this stature," she said.

Lewis said Jordan Miles has no criminal record.

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Jordan Miles, Teen
Violinist: Beat By Police Over Mt. Dew Bottle
(PHOTO)
RAMIT PLUSHNICK-MASTI | 01/22/10 04:37 PM |

PITTSBURGH — The photos taken by Jordan Miles' mother show his face covered with
raw, red bruises, his cheek and lip swollen, his right eye swollen shut. A bald spot mars the
long black dreadlocks where the 18-year-old violist says police tore them from his head.

Now, 10 days after plainclothes officers stopped him on a street and arrested him after a
struggle that they say revealed a soda bottle under his coat, not the gun they suspected, his
right eye is still slightly swollen and bloodshot. His head is shaved. The three white officers
who arrested him have been reassigned. And his mother says she is considering a lawsuit.

"I feel that my son was racially profiled," Terez Miles said. "It's a rough neighborhood; it was
after dark. ... They assumed he was up to no good because he's black. My son, he knows
nothing about the streets at all. He's had a very sheltered life, he's very quiet, he doesn't know
police officers sit in cars and stalk people like that."

A judge continued the case until Feb. 18 after the officers failed to appear at a hearing
Thursday, Miles' attorney, Kerrington Lewis, said.

The police department is saying little as it investigates and isn't releasing the officers'
names. Pittsburgh Mayor Luke Ravenstahl said that the city is investigating whether the
officers' actions were justified and that if they weren't, "they will be held accountable for those
actions."

"The incident was very troubling to me, and we're taking it very seriously," Ravenstahl told
reporters. "It seems as if there was a tremendous amount of force used."

Miles' family describes him as a studious teenager who plays the viola for a jazz band and
the orchestra at Pittsburgh's prestigious Creative and Performing Arts High School.

The confrontation began around 11 p.m. Jan. 12, when the teenager walked out of his
mother's home and headed to his grandmother's, where he spends most nights. His mother
complimented him on the new jacket he had gotten for his birthday.

"It looks handsome," she said, smiling as he walked down the front steps.

As Miles walked up the block, he noticed three men sitting in a white car, "but I thought
nothing of it," he said.

The criminal complaint says Miles was standing against a building "as if he was trying to
avoid being seen." But he says he was walking when the men jumped out of the car.

"Where's the money?" one shouted, according to Miles. "Where's the gun? Where's the
drugs?" the other two said. "It was intimidating; I thought I was going to be robbed," Miles said.

That's when he says he took off back to his mother's house but slipped on the icy sidewalk.
Before he could pull himself up, Miles said, the men were at his back.

"That's when they started beating me, punching, kicking me, choking me," he said.

Not until 15 minutes later, when uniformed officers drove up in a van and Miles overheard
their conversation, did he realize he had been arrested, he said. Initially, when the handcuffs
were clamped around his wrists, he thought he was being abducted, he said.

The police believed Miles, who appeared to have something heavy in his pocket, was
carrying a gun, according to the affidavit. The police say they used a stun gun on the teenager.

According to the affidavit, the object in Miles' pocket turned out to be a bottle of Mountain
Dew. But Miles says he didn't have anything in his pocket and rarely drinks Mountain Dew.

"The story just doesn't make sense when you read the affidavit," said Lewis, the teen's
attorney.

Miles said the family is considering suing the police department and the officers.

"I knew that he hadn't done anything wrong," his mother said. "That's just not an option for
Jordan."

Pittsburgh police have reassigned the three officers and put them back in uniform while the
city investigates, spokeswoman Diane Richard said. She declined to say whether racial
allegations are part of the probe.

Meanwhile, Jordan Miles says he awaits a physician's approval to return to school and is
suffering from nightmares and flashbacks.

Once he's done with school, he says, he hopes to attend Penn State University – and study
crime scene investigation.
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January 25, 2010 Contributors

Action Items for Jordan Miles Police Brutality Case
Maria
Something went terribly wrong on January 11th in the predominantly
African American neighborhood of Homewood in Pittsburgh. Dayvoe

Teenager Jordan Miles, a violinist and senior Honor student at

Pittsburgh's Creative and Performing Arts high school (CAPA), said he Stats & Ranking
was walking that evening from his mother's house to his
grandmother's house.

He never made it.

Maria's Tweets
Instead, he ended up at the hospital looking like this:

Followers

Follow
with Google Friend Connect

Followers (66) More »

.....

Jordan Miles account is that he was attacked by three men screaming

"Where's the money? Where's the gun? Where's the drugs?" who he
only later found out were undercover police officers. Already a member? Sign in

What do the police say? From the Pittsburgh Post-Gazette (P-G):

Advertising
According to the police criminal complaint, three officers on
undercover patrol on Tioga STreet saw Mr. Miles at 11 p.m.
Jan. 11. Seeing a heavy object in his coat and indentifying
themselves as police, they ordered him to stop.

Mr. Miles ran and the three officers, suspecting he might have
a gun and be under the influence of drugs, shot him with a
Taser and struck him with their knees and fists. The complaint
said the heavy object in his coat turned out to be a bottle of
Mountain Dew.
So, there's some law against carry heavy objects? I must have
missed that one. Moreover, Miles says he wasn't even holding Dew
(and last time I checked, if he had consumed some, it doesn't leave
you in a drug-induced-like state). The police complaint also claims
that he was standing against a building while black "as if he was
trying to avoid being seen". Obviously, also against some law that
I'm unaware of...

According to the P-G:

Jordan Miles, 18, had a hearing scheduled this morning on

charges of aggravated assault and resisting arrest for an
Blog Archive
altercation Jan. 11 with three plain clothes Pittsburgh Police
officers, but it was suspended when the officers did not appear. ▼ 2010 (609)
Mr. Miles was going to defend himself from the charges by
describing the beating he took from police, which included a ► September (44)
tree branch impaling his gums and a chunk of hair pulled ► August (57)
from his head, his attorney said today, in addition to repeated
blows to his head. [Emphasis added] ► July (43)

Pittsburgh's Office of Municipal Investigations is investigating the ► June (65)

incident and Mayor Luke Ravenstahl said he is "very troubled" by
Miles' claims of police brutality. ► May (71)

► April (65)
If you're equally disturbed by this story, B-PEP (Black Political
Empowerment Project) Black and White Reunion, and CAV ► March (85)
(Coalition Against Violence) suggest the following actions you can
take: ► February (85)

▼ January (94)
Action Plan in support of CAPA Honor student Jordan The Trib Lies - About Lying
Miles
Pictures of a Protest
1. Attend the 9:00 a.m. news conference on Tuesday,
January 26, 2010 at the City-County Building, Fifth Floor PA: Senatorial Forum
in front of City Council Chambers. Televised Tonight &
Gubernato...
2. Drop off (in person) letters of protest, with regard to
the incident, to the Mayor’s Office. Justice

3. Speak to City Council Members at the 10:00 a.m. Pittsburgh is Cometless

January 26, 2010 regularly scheduled City Council
NYC Terror Trials Moved To
hearing.
Western PA?
4. Speak to the City Police Review Board at the 6:00 p.m.
HOW TO: Report The
hearing in City Council Chambers on January 26, 2010
News/Write An Incendiary
There's also a Facebook support page for Jordan here. Blog P...

The story has received national coverage including CNN and The Reminder: David's on offQ
Huffington Post. Tonight (Updated 1x)

It bears repeating what First Lady Michelle Obama said when she The Trib, The Heritage
visited CAPA last year bringing spouses of the G-20 Summit Foundation and The UN
dignitaries with her:
Announcement
We're here because I wanted to introduce them to some of
Missed This Yesterday
America's finest, most creative, most accomplished young
people." Email from White House
Apparently the police could not view Jordan in the same light as our Media Affairs Office
(Updat...
First Lady saw him. (Updat...
.
Howard Zinn (1922 - 2010)
Posted by Maria at 1/25/2010 03:16:00 PM
Apple iPad actually debuted a
Labels: Jordan Miles, Luke Ravenstahl, Michelle Obama, Pittsburgh, Pittsburgh couple of years ago
Police
And Now I Respond...

Cyril Wecht Responds (Some

11 comments: of his best friends are...

Ol' Froth said... "CLOSING DAY" / KEEP IT

Good gravy, if this report is accurate it doesn't come anywhere OPEN Rally for
close to satisfying Terry. UPMC/Braddo...

Indeed, deeply disturbing. James O'Keefe Gets

January 25, 2010 5:25 PM Watergate Backwards

Emergency Rally Today:

Conservative Mountaineer said...
Landlord shuts off utilitie...
I agree that this is very disturbing from a variety of ways...
The Trib's Still Pushing
Let's *assume* the officer's account is correct in that they "Climategate"
identified themselves as Police. Why did the kid run?
Then & Now
Let's *assume* the kid is correct in that the officers did not
Joe Hoeffel Kicks-off
identify themselves. I'd run, too.
Gubernatorial Campaign In
- Why were there three (3) undercover police together? Pi...
- Why the use of a tree branch?
- Why the obvious use of excess force in a 3 vs 1? Action Items for Jordan Miles
- Why didn't they show for the hearing today? Afraid their Police Brutality Cas...
'cover' may be blown? Well, I think their cover should be
SC Lt. Gov. Andre Bauer
blown.
- What is the race of these officers? compares needy getting
- Just what was their assignment that night? gov...
- Show you faces - now.
The Trib's At It Again.
It doesn't appear as though this kid was the type to be a
Today's P-G
trouble-maker or someone who run afoul of the law. The
biggest problem I have, though, is that he *apparently* ran. The Gab Show

However, given the purported tendency of police not to cross Blog for Choice Day
the 'blue line', I'm leaning towards believing the kid's story.
Toles
January 25, 2010 6:07 PM
More Lousy Reading At The
Dana said... Trib
I am the mother of a
Olbermann: Freedom of
CAPA student and I am horrified. I am just going to come out
and say it, my child would not have had this happen to him speech has been destroyed
because he is white. The police officers would not have done Supreme Court Opens
that to my child. Because this young man happened to not be
Floodgates to Buying
white he was believed to be up to something because he
rested against a wall and had a heavy pocket. Now how is Elections...
that suspisious activity??? Not in the real world but maybe
Hypocrisy, Thy Name Is CBS
some poorly written police drama. I hope and pray that the
officers that are involved are held accountable. My eldest son's From The Slag Heap
mother in law is a pittsburgh policer officer for 27 yrs.
She is a hard working officer and incidents like this tarnish all Joe Sestak Responds to
the work she has been putting in for all these years. There is Mass. Senate Election
a rally today jan.26 at noon in front of the court house hope
to see you all there. Let's stand up against police brutality. Specter to Bachmann: "Act
January 26, 2010 7:37 AM like a lady" (Updated 1x...

More Lousy "Research" At

Rashida said...
The Tribune-Review
I would run if I were him too. If you are not black, sometimes
you don't understand why a person would run when there are Ladies and Gentlemen,
3 white people yelling and chasing you. Look at the history
and you would see why. Good for him. I would run too. I feel Just watch
awful that this happened to him. Its hard because our country Today's Coakley Vs. Brown
has come a long way, but not long enough. LEAVE US ALONE!
Race
January 26, 2010 12:49 PM
BRESMA Haitian Orphans
Maria said... Land In Pittsburgh
I'll have a follow-up to this on today's City Council meeting The Trib Spins.
where many CAPA students spoke movingly on the incident.
January 26, 2010 12:52 PM Overnight BRESMA
Orphanage News
Ol' Froth said...
God, Guns and...Well, really,
Lets reverse the roles. A white teen is walking down the just God & Guns
street. A car pulls up, three black males get out and start
demanding "Where's the money? Where's the gun, where's Sec. Napolitano Announces
the drugs?" Humanitarian Parole Poli...

I bet most people would conclude it was a mugging. Martin Luther King Day

Yeah, I'd have run too if I were Jordan Miles. CNN Update & WPXI Report
On BRESMA Orphanage
January 26, 2010 5:57 PM
(Upda...
BrendanJen said... Numbers Porn
From what I've read this is a kid who has never been in
trouble, goes to a gifted school, gets good grades, and is on The Trib Ed-Board Spins.
his way to college next year. He lives in a bad neighborhood Senator Centerfold?
and in that neighborhood wouldn't anyone in their right mind
be scared if a car cut you off and three guys jumped out BRESMA Updates - Latest
yelling at you about drugs and guns? Who wouldn't fear for News (Updated 1x)
their life? And, common sense leads me to believe that if the
officers had identified themselves, why would he run ... he BRESMA Orphanage Update
had no drugs, no weapons, he was doing nothing wrong ... (Updated 5x)
the answer is he wouldn't. And, even if they did identify
themselves and he ran, there is not a reason in this world he CNN Video of BRESMA
deserved that beating. Plus, he's being charged with loitering, Orphanage & ACTION
how in the world is it loitering if you're just walking down the ITEMS (Upda...
street?
January 27, 2010 6:42 PM EVENTS!

Donate to Help Haitians

Paradise Gray said...
This post has been removed by the author. Olbermann on Limbaugh
March 18, 2010 9:03 AM
Rush Limbaugh discouraging
Paradise Gray said... donations to Haiti

Charges dropped: But police conduct is also at issue in the Very Important
Miles case Announcement

True Story
Honors student Jordan Miles cleared by judge
By Bobby Kerlik
PITTSBURGH TRIBUNE-REVIEW
Friday, March 5, 2010

A Homewood teenager at the center of a racially charged police brutality

investigation celebrated with his family Thursday when a judge dismissed
charges from his arrest by officers he says beat him.

"This proves I was telling the truth. I didn't want people to look at me
negatively," Jordan Miles, 18, said after a contentious hearing in Pittsburgh
Municipal Court. "They asked me, 'Where's your gun, money and drugs?' All
kinds of thoughts went through my head. I thought I was going to get robbed."

Pittsburgh police filed assault and other charges against Miles, saying the
honors student at the Creative and Performing Arts High School ran from and
then fought with officers late Jan. 12 near his home. Miles said he didn't know
the three plainclothes officers were police and that they beat him.

District Judge Oscar Petite dismissed the case, saying he considers "the totality
of the circumstances" to determine whether a crime was committed.

"A young man is walking in his own neighborhood, whether that's a high-crime
area or not, and he's approached by an undercover officer. From that point, this
thing goes downhill," Petite said.

Mayor Luke Ravenstahl said the judge's decision will allow the Office of
Municipal Investigations to conclude its review of the incident. Ravenstahl
placed Officers Michael Saldutte, David Sisak and Richard Ewing on paid leave
during the internal investigation and another by the FBI.

"I believe we have to suspend judgment (on the officers) and wait for the
investigation report," said City Councilman Ricky Burgess of Homewood, who
has proposed a bill to require that police meet accreditation standards set by
the Pennsylvania Chiefs of Police Association and to place officers on paid
leave after possible abuse incidents.

Black leaders asked prosecutors to drop the case against Miles, who is black,
and some sought criminal charges against the white officers.

"Anytime charges are dismissed at the preliminary hearing stage, our office
reviews the matter, said Mike Manko, spokesman for District Attorney Stephen
A. Zappala Jr. "In this instance, the judge assigned substantial legal
significance to the testimony of the victim of the prowling charge. Our office will
have to take a close look at that."

More than a dozen police officers, nearly all of them white, crowded on one
side of the courtroom while dozens of mostly black supporters of Miles packed
the opposite side.

"We firmly believe there was enough evidence to hold those charges and they
should have been addressed at the Common Pleas Court level, not the
magistrate level," said Chuck Hanlon, vice president of Fraternal Order of
Police Fort Pitt Lodge No. 1. "We plan to lobby the district attorney pretty hard
to refile those charges."

Tim Stevens, head of the Black Political Empowerment Project and leader of a
January march to City Hall by Miles' classmates, said federal authorities should
charge the officers.

"The community doesn't seem to get too many victories in these situations, and
this was one many folks felt that was so ludicrous and outrageous and needed
to be dropped," Stevens said.

Petite said if prosecutors refile charges, police should revise their statement in
an arrest affidavit. It said, among other things, that Monica Wooding, who lives
at the house where they arrested Miles, told them he shouldn't have been on
her property.

Wooding testified police never asked her and that Miles is her son's friend.

Saldutte testified he identified himself and displayed his badge. He said Miles
appeared to be hiding against the house in a poorly lit area and the officers
decided to investigate.

Miles appeared to have a weapon in his heavy coat, but the item turned out to
be a bottle of Mountain Dew, Saldutte said. Miles said he didn't have a
Mountain Dew.

"I told him to take his hand out of his pocket," Saldutte said. Miles started to
run, slipped on ice and fought with officers as they tried to subdue him, Saldutte
said.

Miles said the officers jumped on him. "I didn't fight back," he said. "Every
officer was bigger than me."

Ravenstahl said he plans to talk to police Chief Nate Harper next week about
the officers' status. Harper declined to comment.

Bobby Kerlik can be reached at bkerlik@tribweb.com or 412-391-0927.

Images and text copyright © 2010 by Trib Total Media, Inc.

Reproduction or reuse prohibited without written consent.
 Printed from the Pittsburgh City Paper website:
http://www.pittsburghcitypaper.ws
POSTED ON AUGUST 12, 2010:

Pay Daze
By Chris Young

Thanks to an agreement worked out between the city and the police union, three officers
under investigation for allegedly beating a Homewood teen are getting paid overtime without
ever setting foot on the streets or buckling into a patrol car -- and that may continue for a
while.

Officers Richard Ewing, Michael Saldutte and David Sisak were placed on paid
administrative leave in February following their controversial Jan. 12 arrest of 18-year-old
then-CAPA High School student Jordan Miles, who has accused the officers of attacking him
without cause. But while the three officers enjoy extended vacations, the city has ensured
that their wallets are at least as fat as they were when the officers were actually working.

A City Paper analysis of public pay records has found that, from February to June, officers
Ewing, Saldutte and Sisak have so far taken home $27,289, $29,570 and $32,465,
respectively. And the officers could be entitled to even more remuneration.

"It strikes me as ridiculous," says Tim Stevens, chairman of the Black Political Empowerment
Project. "It seems like an insult to the citizens."

The officers have been bringing home these checks for nearly eight months now -- and with
the city's investigation at a standstill, there is no end in sight.

"The city is dragging its feet," says Beth Pittinger, executive director of the Citizens Police
Review Board. "Why is [the investigation] taking so long and costing so much money for the
taxpayers?"

Officers Ewing, Saldutte and Sisak have a reputation as three of the city's best cops. Police officials have stressed the significance
of the officers' success at getting guns off city streets. The police union, according to a Feb. 8 Pittsburgh Post-Gazette story,
credited the three officers with making nearly 20 percent of the city's illegal firearms arrests.

While Miles has claimed that the officers beat him without cause, the officers have argued differently.

As part of an anti-gun task force, the officers have maintained they saw Miles sneaking around a house on Tioga Street with a
heavy object in his coat that appeared to be a gun. The criminal complaint said the teen ran from the officers after they told him to
stop and proceeded to assault the officers as they tried to arrest him.

Miles, who has said the officers never identified themselves, was charged with aggravated assault and resisting arrest. A district
judge dismissed the charges on March 4.

On Feb. 1, shortly after headlines about the case appeared, Mayor Luke Ravenstahl put the officers on administrative leave. But
judging from the pay arrangement agreed to by the city and the Fraternal Order of Police, there's little reason for the officers to
complain about it.

In fact, some of their paychecks have been larger than the ones they brought home prior to the Miles incident. For example, pay
records reviewed by CP show that Ewing (before taxes) earned $3,689 in his March 12 check -- $524 more than what he averaged
before he was placed on leave, according to CP calculations. On three occasions each for Ewing and Sisak, and on one for
Saldutte, between February and June, not working paid better than being on the job.

How can that be?

In Ewing's case, his March 12 check was bolstered mostly by 28.5 hours of "court premium" pay, earning him $1,154 on top of his
$2,159 base pay.
According to FOP attorney Bryan Campbell, Ewing, Saldutte and Sisak are assured of receiving their base salaries and court
premiums for testifying in court about arrests made prior to the Miles incident. Police on active duty receive overtime pay -- at time-
and-a-half -- for time spent in court when those hours are in addition to the regular duties of their normal 40-hour work week. But
although the officers in the Miles case currently have no regular duties, they are receiving the overtime pay rate as well.

"If you're going to put them on administrative leave, they should be entitled to those other payments," Campbell says. "Otherwise,
you're punishing them."

And, as he explains, the officers are innocent until proven guilty. "The perception is -- and this is wrong -- that administrative leave is
punishment," he says. "Why would you punish somebody even before you know what the facts are?"

Still, Pittinger says the officers should not be receiving overtime pay for appearing in court, because they have no regular duties at
the regular pay rate.

"They're not working," she stresses.

In most cases, though, the officers are not making as much money on leave as they were when they were on the job. Even so, the
officers still can't lose: In the future, taxpayers may be cutting them more paychecks -- to make up the difference, and to
compensate the officers for overtime they haven't done at all.

According to Campbell, shortly after the three were placed on leave, the FOP filed a grievance arguing that the officers should be
entitled to receive the same amount of money they earned when they were working full duty, including court and overtime pay.

The city, Campbell says, agreed. In settling the dispute, he says the city decided to calculate each officer's average earnings for the
six months before they were placed on leave. Both sides agreed that the officers must make at least what they previously averaged
in each paycheck.

When the administrative leave ends, Campbell says, the city will go back and see how their leave pay, including base salary and
court time, compares to the officers' previous average. If their leave pay exceeds their previous average, the officers get to keep
everything they earned. But if it's below, he says, "The city will give them a make-up check."

"The aim of the settlement was to accurately reflect the officers' rate of pay," says city Solicitor Daniel Regan. "In light of all
applicable law, that's what the city is supposed to do."

Lawyers for each of the three officers could not be reached for comment by press time.

CP has reviewed the pay records for the three officers from June 2009 to June 2010. From August 2009 to January 2010, the six-
month period immediately before they were placed on leave, Ewing averaged $3,165 per paycheck; Saldutte earned $3,505, and
Sisak made $3,961. (CP considers these calculations estimates because it is unclear which six months the city used to determine
the officers' previous salary averages.)

In his June 4 check, Saldutte earned $2,414 (before taxes) -- $1,091 less than he averaged before. Overall, Saldutte earned less
than his six-month average on eight occasions, and both Ewing and Sisak earned less on six occasions each.

By CP's calculation, from February to June, the city owes Ewing $4,357, Saldutte $5,478 and Sisak $7,142 to help match what the
officers were earning when they were actually out patrolling the streets.

"Oh my goodness," says Pittinger. "That's a sweet deal.

"This is outrageous for the city to administer employment like this," she continues. "It's terrible."

"I don't know what to say about this," says David Harris, a University of Pittsburgh law professor who specializes in police issues.
"It's very peculiar."

Still, he says, both the police union and angry citizens "have an argument to make."

After hearing about the pay arrangement for the Jordan Miles officers, Nigel Parry, of the local Alliance for Police Accountability, told
CP, "The general feeling is disgust. It's deeply disturbing."

"When you have people on [leave] for possibly physically abusing a citizen, that's a bit hard to digest [for] the average taxpayer,"
agrees Stevens, of BPEP. "Even if this is contractually protected, it seems like an abuse of the system."

And there's no telling how long the situation will continue. Until the city wraps up its investigation, taxpayers will continue footing the
bill for the three officers on paid leave -- overtime and all.

While Ravenstahl initially pledged to conclude an investigation by the end of February, the city's probe has stalled. In March, the
Department of Justice confirmed that its civil-rights division had launched its own investigation into the Jan. 12 arrest. Shortly before
that, a Western Pennsylvania grand jury issued a subpoena for city records concerning the case.

"It was our advice that a prudent course of action was to keep the [city's] investigation open pending the outcome of the federal
investigation," says Regan. "The federal investigation may reveal new or additional evidence that would benefit our investigation."

The feds, meanwhile, aren't setting any deadlines. Xochitl Hinojosa, a spokesperson for the Department of Justice, told CP that she
could not say how much longer the federal investigation may last. "Our investigation is ongoing," she says. "We have no further
comment at this time."

City Councilor Patrick Dowd, for one, can't understand the city's logic in waiting for the feds. For the benefit of everyone involved, he
says the OMI investigation should be considered separately from the federal investigation.

The city's pay arrangement for the officers on leave "is the cost of not making a decision," Dowd says. "We are left waiting, and
therefore, paying."

"This is ludicrous," agrees Pittinger. "It should be over and done with."

As the investigations continue, Miles' attorney Kerrington Lewis says Miles is currently preparing to attend his first semester of
college at Penn State University.

Meanwhile, the Alliance for Police Accountability is planning a press conference at 11 a.m. on Thu., Aug. 12, outside the Allegheny
County Courthouse to demand the prosecution of officers Ewing, Saldutte and Sisak. Following the press conference, says Parry,
the group will deliver petitions urging prosecution to Allegheny County District Attorney Steven Zappala.

Stevens says the community is tired of waiting for a resolution to the Miles case, noting that many people are "puzzled" by the
drawn-out investigation.

"It's extremely hard to understand why a case so simple has taken eight months," he says. In the meantime, "We have these three
officers enjoying an extended vacation when people in the community think they should be in jail."

URL for this story: http://www.pittsburghcitypaper.wshttp://www.pittsburghcitypaper.ws/gyrobase/Content?

oid=oid%3A83636
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Aug 12, 2010 4:03 pm US/Eastern

Group Takes Petition To DA's Office In Miles Case

PITTSBURGH (KDKA) ― An angry group of people, frustrated over the District Attorney's response to the beating and hospitalization of teenager
Jordan Miles, took their message to officials today.

Alliance for Police Accountability has been collecting signatures asking Allegheny County District Attorney Stephen Zappala to take action.

They delivered the petition to his office, demanding that the three police officers accused in the alleged beating of the CAPA High School student
be held accountable for their actions.

A spokesperson for the District Attorney's Office says officials are waiting on results of the FBI investigation.
1 of 1 Click to enlarge
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
Jordan Miles says three
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About the Campaign | The Justice for Jordan Miles
campaign | End Police Brutality in Pittsburgh!
Justice for Jordan Miles is a Pittsburgh-based campaign for police accountability formed in the wake of the brutal
assault of Jordan Miles in January 2010. This website is approved by the family of Jordan Miles.

In this section

STATEMENT FROM JORDAN’S FAMILY

On January 12, 2010, one day after his 18th birthday, at approximately 11:00 pm, Jordan Trent Miles, an African
American male, was ambushed by three Caucasian plain-clothed Pittsburgh police officers, who sped up to Miles in
their unmarked car after observing Miles exiting his mother’s house and walking up the street. Miles was on his way
around the corner to his grandmother’s house for the night, but never made it there.

As all three officers jumped out of their car, they shouted “Where’s the gun, where’s the money, where’s the
drugs?” The officers initially failed to identify themselves as officers, so Miles, thinking he was being robbed, began
to run. Almost immediately, Miles slipped on the icy ground and fell. The officers quickly overtook Miles, who weighs
a mere 150 lbs, and proceeded to administer a brutal beating to Miles’ face, head, torso and limbs, that left Miles
unrecognizable and bleeding profusely. Early on in the attack, the officers damaged Miles’ brand-new wool coat in
the process of ripping it from his body. Without his coat, on a frigid night, Miles was forced face-down into the dirty
snow and slush as the beating continued.

Adding insult to injury, Miles was ultimately handcuffed, arrested and charged with 2 counts of aggravated assault,
loitering and prowling at nighttime, escape and resisting arrest. Miles was then taken to the county jail, where he spent
the next 22 hours before finally being released to his mother and grandmother, more than 7 hours after the bail bond
was paid. In addition, Miles, who had been cultivating neat dreadlocks for nearly 7 years, was unfortunately forced to
shave his head bald, since many of his locks were ripped from his scalp during the attack. Meanwhile, the police went
on to carefully craft a completely dishonest criminal complaint, designed to explain Miles’ horrific injuries and justify
their own outrageous actions.

Jordan Trent Miles comes from a good home and has a loving family. He is truly a remarkable young man, who
happens to be a High Honor Roll Student at Pittsburgh CAPA 6-12 School in Downtown, Pittsburgh. He plays the
viola as a member of both the CAPA symphony and the jazz band. Miles is a law-abiding citizen who has never been
in trouble of any kind. His personality can best be described as kind, friendly, jovial, quiet and at times, shy. Miles is
loved, liked, respected and admired by many people. There is nothing about Miles or his lifestyle that would warrant
such an attack by police.
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Sep 18, 2010 11:50 pm US/Eastern

Marchers Call For Justice In Miles Case

PITTSBURGH (KDKA) ― There were new calls Saturday for justice in the Jordan Miles case. Miles is a former CAPA High School student who
claims that three undercover police officers beat him up as he walked in Homewood back in January.

The teen was hospitalized and pictures of his battered face outraged the community. Charges against Miles were dropped, and there have been
no charges against the officers.

This afternoon in Homewood, a group called the Alliance for Police Accountability gathered on Tioga Street to rally and march in a continued call
for justice for Miles.

1 of 1 Click to enlarge
"I don't want to live in a world where people are not free to come and go as they please," said Keeli Miles, Jordan's sister. "Before this happened
to my brother, I was just an ordinary teen. But now, I can't stop thinking about my brother and all the other injustice that happens in the world." The march and rally were held in
Homewood
KDKA
The supporters, more than 100 strong, left Tioga Street, marched, chanted and carried signs and pictures of a beaten Jordan Miles through
Homewood.
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"If they can stop Jordan and beat him in Homewood, what can they do to me in Upper St. Clair?" said Chase Patterson, of the Renaissance
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As the marchers moved throughout the community, patrons from local businesses came outdoors to show their support as well.
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The march ended up at the intersection of Homewood and Frankstown Avenues. Charges Against Officers
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There was no police presence during the march; although, a city-issued permit had called for rolling traffic stops to be provided to marchers
through the community. Jordan Miles' Mother
Disappointed By Decision
The ending rally called for an accounting on what happened to Miles, and what's being done to rectify it. (8/28/2010)

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"We're not willing to accept that an innocent kid can get hurt in his neighborhood just because there's a higher crime rate in his area or he might
In Police Cruisers
be of a certain race or social class," said Jordan Paluch, of Oakland.
(7/22/2010)

"Jordan Miles isn't just one isolated incident; it's been occurring for years, especially in the city of Pittsburgh and disenfranchised communities," Group Takes Petition To DA's
added Britanny McBride, of Wilkinsburg. "I think it's important to show that we will not stand these sorts of injustice." Office In Miles Case
(8/12/2010)
This is not the first rally or first march that has been held in support of Jordan Miles.
Officers In Miles Case Receive
Organizers say they are going to keep holding rallies and marches until someone is held accountable for what happened to the teenager. Additional Pay
(8/4/2010)
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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