Screenshots from a dash cam video showing James Edward Cicco / photo via official court motions in the case

A man from Industry Borough has settled his federal civil rights lawsuit against the Beaver Borough Police Department and its former K-9 officer.

Federal court dockets show US District Court Judge Mark Hornak closed the case brought by James Edward Cicco against Beaver Borough on Thursday after parties reached a settlement agreement with the assistance of federal mediators.

Cicco had alleged Officer Jeffrey Wijnen-Reims used excessive force during his arrest back in August of 2016. Dashcam video of the incident — released as the result of legal action brought against District Attorney David Lozier by a group of concerned citizens of Beaver — showed Cicco being bitten by the department’s K-9 while handcuffed.

An investigation by the Pennsylvania State Police determined that officers committed no criminal wrongdoing during the arrest, although experts were highly critical of the way the department had utilized its police dog.

District Attorney David Lozier had made accusations in open court that the Beaver Countian’s in-depth investigative reporting about the controversy amounted to an attempt to undermine the criminal justice system. Three separate judges collectively dismissed dozens of felony and other charges that were being prosecuted against Cicco by the District Attorney’s Office. A trial on the remaining misdemeanor charges ended in a hung jury. Cicco was ultimately convicted of a single summary charge of driving on a suspended license.

Terms of a settlement agreement ending Cicco’s federal lawsuit were not disclosed in court filings, but a source in Beaver Borough familiar with its provisions said the town’s insurance carrier paid out approximately $250,000 to end the litigation. Beaver Borough will be responsible for paying a deductible of approximately $25,000. The town and its officers admitted no wrongdoing as part of the settlement.

Following the incident involving Cicco, Beaver Borough retired its police dog and put its K-9 vehicle up for sale. Officer Jeffrey Wijnen-Reims resigned from the Beaver Police Department last October.

James Edward Cicco was represented in his federal litigation by the Ambridge law firm of Bowers & Fawcett.

See Also:

Beaver Countian’s Complete Archived Coverage Of The Arrest Of James Edward Cicco (Warning Graphic)

67 COMMENTS

    • If so, one has nothing to do with the other. The video and audio clearly shows the police officer was in the wrong. I do not even believe in the world that we clearly live in today where everyone seems to be suing for anything as a form of receiving a paycheck. But in this case, if this happen to me, and I received those injuries I would have waited it out, cause $250k would not have been enough. Also I would have made sure that the Beaver Police department and office publicly admitted wrongdoing and the office would not have had the opportunity to resign, he would have been fired and unable to ever work in law enforcement anywhere in the country. This officer has been in the news prior for his behavior. I also don’t understand why criminal charges was not brought up on this officer, his actions caused serious bodily injuries to a person, and he gets to resign and walk away? And a insurance company mist pay for his actions and the taxpayers mist pay $25K. Where is the outrage?

       
  1. District Attorney Accuses The Beaver Countian And Attorneys Of Being Engaged In A Conspiracy To Undermine Justice.

    Terrible for those that have to pick up the tab. Here is an example and lesson to be learned. Get to your council meetings, get involved, make people accountable. Madgar should be paying the approximate $25,000.00 or resign and Mayor Hamilton needs to speak with the BC,”THE ONLY REAL NEWS SOURCE IN BEAVER COUNTY,” on this matter.
    Thank you John Paul and Co-Conspirators !

     
  2. Congratulations Jimmy! Go out and buy yourself a new Escalade and parade it up and down 3rd St. Beaver Boro should fire the entire police dept and start over again.

     
    • Right Josh! Hopefully he will use that money to shove up his own nose and not sell to the young kids! He’s a piece of shit that outsmarted people that’s all.

       
      • Again, one has nothing to do with the other! I don’t know him, he might do drugs but the night this happen had nothing to do with drugs. It had everything to do with a police officer on a power Trip, not just in this case, look back at what this officer has did to others, costing taxpayers money. He got off lucky, just let him resign, if anyone else caused this injury to someone criminal charges would apply and the dog would be ordered to put down.

         
  3. Holy crap! The dude who got bit got a quarter million dollars, and they wiped out the cop, the dog, and even the car!! This is a definite win for every businessman selling opiates outside the doctor-patient-pharmacy chain. :/

     
  4. If there was no wrong doing then why did they retire the k-9, sell the cruiser and the officer in question also retired gotta love how the go about stuff to save face lol

     
  5. The George David exoneration proclamation — “Not guilty means it didn’t happen.”

    The cop will be rehired. The chief will continue to enable lawlessness with protection and payoffs. The ineffective council will continue to support an out-of-control autocrat. A figurehead Mayor will do nothing. A disinterested public will not care.

    The cycle will repeat.

    But next time, in the next angry attack, someone could likely get killed.

    Beaver residents, you have a HUGE PROBLEM.

     
      • No, I’m not Cash$. But wait about a year. We, or another town, will be dealing with this again. Money has changed hands, but nothing has changed. It will be easier to get a conviction next time around, though. Actually, a slam dunk.

         
  6. Raven, a question- Is there any history of payoff’s ? You also say The cop will be rehired. Do you believe he will be rehired as an Beaver Police Officer? These are just questions, I have no motive here. Just would like to get more information. Thanks.

     
    • Yes, there was a payoff in the past, about 10 or 12 years ago, of about $30,000 by the insurance company in a lawsuit by some Beaver residents, for excessive force. Same out-of-control behavior. The history goes back many years, to when Chief Anthony Hovanec dealt with it for the first time.

      I think the cop will show up in another local department, and possibly even in Beaver. And, no, I have no inside information, just guesses. The cop has been protected, from Hovanec to Madgar to Stonewall Lozier, and from former mayor Barrett to mayor Hamilton, in my opinion. This case brings the sum to about $280,000, $25,000 out of the taxpayers’ pockets.

      At this point, it kinda makes you wonder why, doesn’t it?

      The funny irony is that Beaver kids can’t sled ride in the borough, for fear of injury lawsuits. That shows you where the real problem lies.

       
  7. Kudos again to Benyo for fighting this case and pushing for the dash cam video to be seen. Without Benyo’s work in the underlying criminal case, the officer and K9 officer would still be wreaking havoc. Change is coming, and needs to come, to Beaver County.

     
    • Thank you for the Kudos. I appreciate it.

      As a side note, this case has resulted in the Court issuing Orders for District Attorney Lozier to produce dash cam and body cam video in other cases. In several cases I defended, the dash cam videos directly caused charges to be dismissed and significantly better plea bargains offered.

      The dash cam videos allow a judge and jury to actually view important factual elements of the case and the inherent bias toward law enforcement testimony is reduced.

      I note that in the dozen dash cam videos I viewed in the last year, I have not found any instance of improper conduct by law enforcement

       
      • This statement: “I note that in the dozen dash cam videos I viewed in the last year, I have not found any instance of improper conduct by law enforcement.”

        Seems contrary to this statement: “In several cases I defended, the dash cam videos directly caused charges to be dismissed and significantly better plea bargains offered.”

        Help me understand Mr. Benyo what is going on then. Why were those charges dropped and/or better plea bargains offered if not based on some type of improper conduct by law enforcement?

         
      • @Speak – Very good point! Lawyer speak I guess.
        Well Mr. Benyo? I’m waiting with bated breath!
        And may I also ask, why wasn’t criminal charges pursued against RW-J? What were the terms of the plea deal? Why would anybody give this animal with a badge a opportunity to get back on any street in the country to do this all over AGAIN?!

         
  8. Cicco, in my opinion, absolutely did not deserve the mauling he received and I would never congratulate him on his monetary settlement, wrong place at the wrong time, involved with a trained officer doing the wrong thing. I know this is apple and oranges : He should not have been behind the wheel of a car while his license was suspended.

     
  9. I would like to know the nature of the call was that the police were responding to. Apparently the call required 2 police cars. Robo should have just went around James Cicco and continued with his original call. In my opinion Cicco should have got 1 Million minimum.

     
    • My guess, John Q., is that the original amount would have been much higher. Then, whittled down by bargaining. In my own personal opinion, I unfortunately believe that someone will have to be killed — a wrongful death — before this madness comes to an end. Then, your million dollar minimum — and jail time — will be guaranteed.

       
    • Johnq- I believe we have reached the end of the Cicco-JW-R saga. It is no longer the question, should JW-R gone around Cicco’s car. That has been adjudicated. Cicco will now be financially compensated. No one wants to re-litigate this case. The focus now should be on Mayor Hamilton, Police Chief/ Borough Manager Madgar, and DA Lozier. These three once again defended JW-R with prior knowledge of JW-R history of excessive force. Lozier then accused The Beaver Countian And Attorneys Of Being Engaged In A Conspiracy To Undermine Justice. Should we not be reading that the other way around ?

       
      • Agreed. The situation as it remains is institutional sociopathy in Beaver government. Deal with that.

         
    • John Q, if memory serves me correctly, i remember reading the call the patrolman were responding to was a domestic dispute , a man an his girl friend or wife ?

       
  10. Again, my opinion : If we are to thank anyone, I applaud the actions of Mr. Benyo, also Neighborhood Legal Services attorney James P. O’Connell, retired school teacher and psychologist Richard F. Williams, and attorney J. Lauson Cashdollar, and primarily John Paul/Beaver Countian.
    These Citizens wanted to be heard. Meanwhile, Beaver County District Attorney David Lozier had accused the Beaver Countian and several attorneys of being engaged in an orchestrated effort to undermine the criminal justice system. I have said this before. We need to cut the head off the snake. John Paul/Beaver Countian in past articles has SHOWN us where we were headed with this rogue police officer. Thank You John Paul, Front Page News will only be found on The Beaver Countian. I stated above, all this may never have happened if Cicco wasn’t driving on a suspended license, also with his reported history(BC) of unprincipled behavior, JW-R should have been bounced years prior.

     
  11. Well, can be the end of this saga, now? Cicco gets paid, now he can go off to college or open that small business he has always dreamed of, Robocop is gone, off to be a foreign mercenary and the dog is probably just biding his time before he gets loose and kills that beagle 3 doors down.

     
  12. I bet Cicco will be broke by the end of they year, what a loser, heard he is throwing one hell of a party in May.

     
  13. Many attorneys get 40% plus there are costs of depositions and other legal fees that come out of the plaintiffs part of the settlement. So Cicco is not getting 1/4 million …far from it. Guarantee he had to sign a confidentiality, non-disparagement agreement that states he can not say anything bad about Officer Jeff or the Beaver Police Dept. To get paid Cicco agreed that they basically did nothing wrong. Why all the kudos to Benyo. Cicco was represented by Bowers and Fawcett. Benyo has been active with Mr Cicco though, he has been arrested 3 or 4 times since the dog attack on him. At least Benyo know knows he will get paid for his services.

     
    • It’s Amateur Hour once again in Beaver County. If you check the AOPC website, you will see that our “victim” has been quite active since he was bitten like a piece of raw hide chew toy. I still cant feel sorry for a POS. He’s the same POS that will break into your home for his drug money. He should be paid something and that’s a disservice to the taxpayers of Beaver Borough. In saying that, the taxpayers are the ones who are permitting Madgar to do TWO jobs which allows one or the other to suffer. You are either a police chief or town manager. It seems pretty obvious that the police department needs better supervision to say the least. Better supervision or management would have removed that officer years ago.

       
    • KLAW, It is FACTUAL, never call into play my knowledge of a subject. in 2017 alone he was arrested 4 times.
      1. 5-30-17 Beaver Falls, possession of drugs and driving without a license.
      2. 5-22-17 New Brighton, False identification
      3. 5-15-17 New Brighton, theft
      44 4-4-17 Center Township Retail theft
      These FACTS can be found at https://ujsportal.pacourts.us/DocketSheets/MDJ.aspx The Unified Judicial System of PA Web Portal. Mr Cicco has 60 entries for crimes, traffic and being sued by landlords etc. Read those facts again SIXTY. that’s Beaver County alone. Get your nose out of your comic books and look it up…asshole.

       
  14. From a Beaver Problem to another Blackeye for the County – ” heard he is throwing one hell of a party in May.” If there is any truth to this rumor, Tony Guy and Lozier will be busy, understaffed, underfunded, while setting up a perimeter and arming the troops. Queen C, will be sub leasing family owned properties to stage troops and necessary equipment. Jolynn will be back in the casting room doing photo shoots to defray costs. Leaving his duties on the front line, sheriff tiny tony, will also take some photo’s on his county phone ..”just to have.” The call will go out for Gabauer to be on the ready, who knows how this may end? The day following the Cicco Bash, we will read of the outcome, hidden under a Scott Tady article and of course a photo with rocker dawny Iris. Eventually the events will come up either at commissioners meeting or ‘Ask The Commissioners’ on WBVP/WMBA. We can all be assured when pressed, “what did you know and when?” Two of three commissioners will respond, “No Comment.”

     
  15. Term paper for Psch 101 students at Penn State-Beaver: “Psychopath Protection by Sociopaths — Contemporary Advances in Municipal Criminal Justice.”

     
  16. Something awful strange about this “settlement”.This man has a bonafide, recorded injury. Pictures, videos, as well as the media coverage, should have guaranteed this individual of a payment in the millions of dollars, yet settles for $250,000?

    After he pays for his medical treatment, and cosmetic surgery, (Approx. $70,000) plus the 33-40% the attorneys (Approx. $110,000) he is left with approximately $70,000. Does not seem to be much for all the bullshit that happened to him. The Man won this round!!!

     

    Attachments:
    • PsychoCop was lucky that his target was Cicco. If a person with means had been attacked, the cop would have been charged, jailed and stuck with a prison sentence and huge fine, shared by the borough. As it was, Beaver (Madgar) protected him and took the bullet for him, again, with the town’s money. Don’t worry, it will happen again, and the next time someone, who can do something, will. Hopefully, against both of them.

       
      • Unless some very serious anger management therapy has transpired, nothing, virtually nothing, has changed. The same conditions exist, and the same results can be expected. The history of this is now about 12 or 15 years old. Do you think that a mere payout of someone else’s money will change anything?

         
  17. Robert Capo, Sr., had run for Mayor in the Borough of Beaver against a long-time incumbent Mayor, Robert Linn, who had a close and long-standing relationship with the Police Chief and Police Department. Mr.Capo by Beaver County standards, is a person of means, and JW-R went on abusing and using excessive force for at least, another thirteen years.
    Don’t run for mayor on one issue. It didn’t work for Capo and it didn’t work for Cashdollar. Change comes when you get hit in the wallet. Too bad it will be the citizens of Beaver who will pay the price. Citizens of Beaver need to follow up on this issue. Ask for Madgar to resign(getting off easy) and put Hamilton on notice.

     
  18. Madgar is entrenched by virtue of intimidation and friends on Council and the police force. Hamilton has financial interests and a cushy job by the same. They are lifers. The rest of the council members are pussies, ministering to their whims, save one or two. The payout of money is one sign that they act together and don’t give a shit about the town. No, hit them in their local business interests, and they will collapse like a house of cards. When I use the term “sociopaths”, it is not by accident. They just don’t give shit, unless they profi personally.

     

LEAVE A REPLY

Please enter your comment!

Please enter your name here