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Friday, September 11, 2009

[CO] DA amended Officer Percival's charges: 2 counts of 3rd degree domestic violence assault and 2 counts of harassment

“Who do you think they’ll believe, me or you?”
Alleged remark of Olathe Police Officer Michael Percival

Previous post:

[CO] Olathe Police Officer Michael Percival - sado-masochist "Master", domestic batterer, or both? - An Olathe police officer accused of beating his ex-girlfriend claims the two had a consensual, sadomasochistic relationship...

PROSECUTORS: OLATHE OFFICER INTIMIDATED ALLEGED VICTIM
Denver Post
09/10/2009 11:45:07 AM MDT
[Excerpt] Prosecutors say a western Colorado police officer charged with regularly beating a woman under a relationship contract used his position to intimidate her out of calling authorities. Olathe (oh-LAY'-thuh) Officer Michael Percival is charged with misdemeanor assault. He has pleaded not guilty. In late August, prosecutors asked a judge to allow them to introduce evidence that Percival allegedly used his job on at least three occasions to intimidate the woman out of calling police... [Full article here]

COP USED POSITION TO INTIMIDATE VICTIM, MONTROSE DA SAYS
Grand Junction Sentinel
By Paul Shockley
Wednesday, September 09, 2009
[Excerpts] A Montrose prosecutor claims an Olathe police officer used his position to convince a woman not to call authorities prior to the officer’s June arrest on domestic violence charges. Olathe Police Department officer Michael Percival, 44, allegedly raised his position on at least three occasions to intimidate 42-year-old [EC]... Percival on one occasion allegedly said, “Who do you think they’ll believe, me or you?”... Percival allegedly hit the woman in the chest with her cell phone, “while telling her to go ahead and call the police, because they won’t believe (you)”... The defendant threatened the victim by telling her if she told anyone about these activities or “got him into trouble,” he would see to it she lost custody of her 8-year-old daughter, according to the DA’s motion. The beating allegations came to light after Cabrera’s arrest June 18 on charges of third-degree assault, harassment, DUI and obstruction of telephone service. Percival is listed in court records as the victim in that arrest... [Full article here]

COP'S SPANKING TRIAL DELAYED
Montrose Daily Press
By Katharhynn Heidelberg
Daily Press Senior Writer
Thursday, September 10, 2009
[Excerpts] The trial for an Olathe cop accused of spanking an ex-girlfriend as punishment has been delayed until January, in part because of amended charges the district attorney wants to file against him. Michael Percival was first charged with third-degree assault as an act of domestic violence... The woman said Percival beat her because she questioned why she and her daughter weren't included on a fishing trip. According to an affidavit, she further alleged Percival drafted "contracts" that dictated how she was supposed to act, and spelled out what she would suffer if she failed... On Sept. 4, the district attorney's office amended the complaint against Percival, seeking to charge him with two counts of third-degree assault (domestic violence) and two counts of harassment, all misdemeanors. The district attorney in late August filed a motion to admit "prior bad acts" of the defendant specifically related to domestic violence. A motions hearing is set for 3 p.m. Nov. 18. The DA's motion claims Percival used his position as an Olathe police officer to intimidate and control the alleged victim. The document said that prior acts by Percival show "when the defendant becomes angry at the victim, (he) knowingly and intentionally engages in acts of violence against the victim... "Evidence of these other acts will be offered to show motive, intent, modus operandi, knowledge, retaliation, coercion, control, plan and absence of mistake or accident"... [Deputy District Attorney Kurt Beckenhauer] claimed Percival similarly abused the woman on prior occasions... [Full article here]
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