John Borg: free on $10,000 bond. Westport Police photo
WESTPORT, CT:
Police: Westport Man Sprayed Oily Toxins on Neighbor’s Yard
Officers arrested a Westport man for spraying a toxic chemical onto a neighbor’s backyard and vegetable garden, causing more than $12,000 in damage, police said today.
John Borg, 48, of 5 Sterling Drive, was charged with reckless endangerment, criminal mischief and criminal trespass upon his arrest Wednesday at his residence, police said.
According to the police report, the incident dates back to the evening of July 13 when officers were dispatched to a Westport residence on a report of chemicals that had been sprayed on the victim’s backyard garden area from over her property’s fence line.
“The victim arrived home and smelled the strong odor of a chemical on her property,” Lt. Jillian Cabana said. “An oily film was observed on her garden plants and her vegetable garden plants. In addition, two portions of her wooden fence were damaged.”
The Westport Fire Department, which was called to investigate the odor and oil based liquid, determine the substance to be toxic, posing a health threat to persons and animals, Cabana said. She added that the incident resulted in more than $12,000 in damages.
“Video surveillance from the area showed the suspect walking from the property of 5 Sterling Drive and entering the area before a nozzle, from what appeared to be a backpack sprayer or similar item, was placed on top of the fence and used to spray some type of liquid onto the property for several minutes,” Cabana said.
She said additional footage showed Borg breaking the fence before the nozzle was pushed through the broken fence portion and sprayed directly onto the plants located in that specific area.
Investigators identified the suspect as Borg and submitted an arrest warrant application, which was later approved.
Following his arrest, Borg was released after posting a $10,000 bond. He is scheduled to appear in Norwalk Superior Court on Wednesday, Sept. 19.
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September 10, 2015
WESTPORT, CT —
The Town of Westport and six members of Westport Police Department (WPD) have been named as defendants in an Aug. 18 lawsuit filed by a Westport couple in Stamford Superior Court after police allegedly set up surveillance video cameras adjacent to the couple’s home for a period of several months earlier this year.
John and Alison Borg of Westport say police unlawfully installed cameras pointing at, and into, their home on the properties of two neighbors to monitor potential criminal activity, which they characterized as neighbors filing baseless complaints in a long-running feud.
The Borgs' Hartford-based lawyer, A. Paul Spinella, told the Connecticut Law Tribune the cameras were a serious invasion of privacy and were installed without a warrant. He says one neighbor is retaliating against the couple after losing a legal battle over an easement between the properties.
"There was a dispute over a land easement and my client won," Spinella said.
According to the complaint obtained by The Hour, the lawsuit was filed on behalf of the Borgs and their minor daughter, and is based on violations of the family’s fourth, fifth, and fourteenth amendment U.S. Constitutional rights, as well as a violation of 42 USC 1983 and 1988, and the common law of the State of Connecticut.
The complaint alleges that "Beginning on January 30, 2015 and lasting until at least April 20, 2015, the Defendants began continuing, around-the-clock covert surveillance of the Plaintiffs' home in an attempt to obtain evidence of criminal activity."
Defendants named in the lawsuit are: WPD Detectives John Rocke, George Taylor, and Anthony P. Prezioso; WPD officers John Lachioma and Daniel Paz; WPD Chief of Police Dale Call; as well as the Town of Westport.
According to the complaint, on or about January 30, Rocke and Prezioso allegedly met with a neighbor of the Borgs, installed video surveillance equipment and covertly began filming the Borg's home. On February 12, Rocke and Taylor allegedly went to a second neighbor's home for the purpose of installing surveillance cameras, installed said cameras and began surveillance.
On March 26, Lachioma allegedly downloaded the surveillance video footage and that footage was preserved as evidence to be used against the plaintiffs.
On April 5, Paz reviewed the surveillance video footage to determine whether the plaintiffs had engaged in criminal activity.
"The Defendants' continuing surveillance of the Plantiffs' home for the purpose of obtaining evidence of criminal activity, constituted a search within the meaning of the Fourth Amendment. The Defendants' did not obtain a search warrant prior to conducting the ongoing video surveillance,” states the complaint. “...In commiting the acts complained herein, Defendants acted under color of state law to deprive Plaintiffs of certain Constitutionally protected rights under the Fourth and Fifteenth Amendments to the Constitution of the United States including the right to be free from unreasonable searches.”
"Constitutional law requires that a warrant be obtained for a search," Spinella said. "The allegations of criminal activity were baseless, there would have been no probable cause, they couldn't have gotten a warrant."
The lawsuit seeks punitive damages for the Plaintiffs who "suffered and continue to suffer severe mental anguish and emotional trauma," based on "conduct of Defendants (that) was willful, malicious, oppressive and/or reckless."
"This was more invasive than seeing who was coming and going from the home. This was a penetration of my clients' personal space," Spinella said. "Every homeowner has the right to feel comfortable when retreating into the privacy of their homes without intrusion from the State.”
Westport Town Attorney Ira Bloom has not returned calls to The Hour for comment
The monetary amount in demand by the plaintiffs is in 'excess of $15,000' and the answer date for the suit is Oct. 6.
The Associated Press contributed to this story