Here is some moderately good news about a ridiculously awful story, from Occupied Las Vegas:

Three years after a confrontation between Las Vegas police and a costumed street performer in front of The Venetian spawned a lawsuit, the Police Department has agreed to settle with Zorro for $105,000.

Jason Perez-Morciglio, who performs as Zorro on Las Vegas streets, and his brother, Sebastian Perez-Morciglio, sued in June 2010 after they said Venetian security officers kidnapped and detained them for more than an hour on Jan. 15, 2010, before kicking them off the property. The brothers also alleged that Las Vegas police officers illegally handcuffed and searched them at the resort.

These security guards handcuffed the brothers, searched their persons and belongings, demanded identification, and photographed them, the lawsuit documents said.

On Monday, The Metropolitan Police Department’s Fiscal Affairs Committee agreed to pay the brothers $105,000, something that Clark County Commissioner Steve Sisolak, who sits on the committee, thinks was the best option to avoid negative exposure for the department. The potential cost could have been significantly more, Sisolak said. . . .

For the American Civil Liberties Union of Nevada, which provided general counsel for the brothers in the lawsuit, the impact of the settlement transcended monetary value.

The main thing in the case is that it was never about the money. It was about verifying again that the sidewalks in front of the hotels are a public forum, and the people have a right to First Amendment activity there, said Allen Lichtenstein, general counsel for the ACLU of Nevada.

According to Sisolak, accompanying the settlement was what he called a clearer and more definitive policy on how officers will handle street performers on the public sidewalks.

— Colton Lochhead, Las Vegas police settle lawsuit with street performer,
Las Vegas Review-Journal (April 22, 2013)

Also.

• Charles Johnson, Rad Geek People’s Daily 2013-03-07: War on the Informal Sector (Cont’d) — Neutron Bomb Urbanism and the State of Illinois vs. Square
• Charles Johnson, Rad Geek People’s Daily 2009-02-28: War on the Informal Sector (Cont’d) — Resale Roundup and local government vs. unfettered flea markets
• Charles Johnson (December 2007), Scratching By: How Government Creates Poverty As We Know It
• Charles Johnson, Rad Geek People’s Daily 2007-09-15: Free Riders
• Charles Johnson, Rad Geek People’s Daily 2009-02-19: How local government in Las Vegas and Clark County deals with the worst joblessness crisis in a generation
• Charles Johnson, Rad Geek People’s Daily 2010-02-04: Against legalization (cont’d)
• Charles Johnson, Rad Geek People’s Daily 2010-03-30: Scratching By (cont’d): The Government Land Cartel Vs. Costs Savings and Urban Living
• Charles Johnson, Rad Geek People’s Daily 2012-09-19: Well then I suppose they will lose their waffle cones as well as their principal.

As reported by Channel 8 news in Las Vegas (video here), multiple employees of the Clark County family court are under investigation for alleged cover up of sexual assault by a court marshal.   Video shows Monica Contreras claiming a court marshal sexually assaulted her.

Marshal Ron Fox has Marshal James Kenyon arrest Ms. Contreras “Because of false allegations made against a police officer”, there is no such law.  However, in his report arresting officer James Kenyon lists the offense as “Disorderly Conduct”

“Did willfully resist a Public Officer Deputy Marshal J. Kenyon P#123 in lawful discharge of his duties by pulling her arms from the officers when she was being placed in handcuffs”

Contrera’s Citation Complaint

Ms. Contreras pled with  to hearing master Patricia Donninger to listen to her, but Donninger never acknowledged Contreras, instead she talked and played with Contreras’s daughter.

Investigators were not informed of the alleged courthouse sexual assault from family court Lt. Steve Rushfield.  After a six-month internal affairs investigation, Fox was fired.  No one from the Clark County courts told Contreras that her claims were validated.

Clark County court administration released a statement reading: “Court personnel are prohibited from commenting on the video because it’s a personnel matter. When the actions of any district court employee are called into question, the court immediately responds by conducting a fair, thorough investigation and, upon completion, taking appropriate action.”

Fox maintains his innocence and is suing Clark County for wrongful termination.  His attorney claims that Marshal Rick Fox arrest of Ms. Contreras was legal because nobody in the courtroom tried to stop him.

Clark County, Nevada Bailiff has woman arrested, for accusing him a groping her, in family court is a post from Cop Block - Badges Don't Grant Extra Rights

Stanley L. Gibson was killed by Jesus Arevalo, an employee of the Las Vegas Metropolitan Police Department. Thus far Arevalo has yet to be held accountable.

In the first post below, “WILL THERE EVER BE JUSTICE?”, Gibson’s widow Rondha shares some of the personal impact due to Arevalo’s aggressive actions and the failure of “the system” to apply “the law” to one of their own.

In the second post below, “Justice for Stanley Gibson or Just an End-Around Coroner’s Inquest Reforms?”, Kelly Patterson gives more details about Arevalo’s actions and the legal land maneuvers used thus far to protect him.

Kudos to Gibson and Patterson for making this injustice transparent. Only when the aggressors are called-out and personally held-accountable, and institutions based on coercion are deligitimzied, will the wanton double-standards cease.

Las Vegas Metropolitan Police Department: (702) 828-3231
[Calling Arevalo's employer is good, but if you have his contact info please do share - after all, he acted, he's responsible.]

-Pete Eyre

_______________________________

WILL THERE EVER BE JUSTICE?

by Rondha Gibson, via NVCopBlock.org

Stanley L. Gibson, a disabled Army vet, was murdered by Jesus Arevalo on Dec. 12, 2012

Can there ever really be justice? I never thought I would question this

Really never cared or had a reason to give it too much thought before

I arrived in Las Vegas in 2000 due to the passing of my father

It was  a sad time for me reconnecting with my little sister

Who I hadn’t seen in many years. This is how I met Stanley L. Gibson

My brother in law and him were friends and he had come over one day

And that basically was the day we started our life together

For the next 12 years it was just Stan-N-Rondha

Two orphans against the world, but we had love

We shared a love that no-one could ever understand

But it was our love and then in one quick instant it was gone

By the hands of the people that say they are here to serve and protect

What they don’t tell you is they only serve and protect each other

They say if you are robbed you should call the police but

I ask you who do I call when Metro was the one who robbed me

This power LVMPD has to kill without consequence needs to end

Too much blood has been spilt due to their actions

Too much innocent blood has been shed

Stand beside me and let our voices be heard

NEVER FORGET!  NEVER FORGET!

by

Rondha Gibson

Widow of Stanley L. Gibson

And victim of

 The actions of LVMPD & Jesus Arevalo

_______________________________________________

Justice for Stanley Gibson or Just an End-Around Coroner’s Inquest Reforms?

by Kelly Patterson, via NVCopBlock.org

Within the last few days, it’s been reported that Clark County District Attorney Steve Wolfson is close to reaching a decision regarding the murder of Stanley L. Gibson by a member of the Las Vegas Metropolitan Police Department. Additionally, reports have stated that Wolfson is “99% sure” that he will seek an indictment against Jesus Arevalo, the officer that fired 7 shots from an AR-15 into the Gibson’s back as he sat unarmed and clearly visible inside his car, which had been pinned and immobilized by several police vehicles. While there has been no official statement regarding what exactly this imminent decision might be or what charges may be sought, informed sources have indicated that within the next sixty days Wolfson will make up his mind whether the case will be put before a grand jury for a possible indictment against Arevalo.

At first glance, putting things in the hands of a grand jury would seem to be a step forward, in that it at least presents a possibility of Ofc. Arevalo being held accountable for his actions that day. Las Vegas police have a long and storied history of avoiding any sort of consequences for their heavy-handed tactics, no matter how blatant and deadly they have been. Steve Wolfson himself hasn’t exactly risen to the occasion when given the opportunity to make Las Vegas area law enforcement pay for their misdeeds.

A large part of the blame for this lack of accountability can be attributed to the long standing practice of determining whether police shootings were justified through the quasi-judicial Coroner’s Inquest process. Badly weighted in favor of exonerating the police rather than investigating the circumstances involved, the Coroner’s Inquests functioned more as a dog and pony show to construct a cover story than a fact finding  effort. As such, it should come as no surprise that only one single police killing was ever found to be unjustified (the DA still declined to prosecute the cops involved). The sheer odds of that being true over the course of 40+ years, including 378 shootings since 1990 alone, attest to the imbalance inherent in such a system.

William Mosher testifies during Coroner Inquest into the shooting of Erik Scott

Accelerating rates of officer involved shootings, many resulting in killings, along with outrage generated by the subsequent questionable exoneration of the police, led to demands to amend the Coroner’s Inquest. An overhaul of the Coroner’s Inquest was approved by county commissioners, including provisions to have victims represented by independent council in order to make the process more fair. However, this revised system of investigating shootings has never been implemented, due to the union representing Las Vegas area police (who not coincidentally believe Arevalo did nothing wrong) has advised them not to participate in Coroner’s Inquest proceedings because of their “adversarial nature.”

However, many of the original flaws within the Coroner’s Inquest system continue to exist and in some cases are even worse when grand juries are used to determine whether police and other officials should be prosecuted for questionable actions. Like the Coroner’s inquest, grand jury proceedings are conducted exclusively by the District Attorney’s office, who works closely with, and is often dependent on the cooperation of, police officers in order to secure convictions in cases they bring to trial. It is entirely up to them what evidence will be presented, who is called to testify, and how those witnesses  are questioned. In the past, prosecutors have often displayed a tendency to construct their cases in such a way so as to paint police in a favorable light. This conflict of interest was one of the most cited issues with the Coroner’s Inquest.

Even worse is the secrecy of grand juries. Nevada conducts their grand jury proceedings under what amounts to a full gag order. Nobody involved in a grand jury may  publicly disclose any of the evidence presented to the jury, information obtained by the jury, events or statements occurring in front of the jury, or even the results of an investigation by the grand jury. The lone exception to this is individual witnesses, who are limited to discussing their own personal testimony. Breaking these restrictions is a criminal act.

When the Government Prosecutes One of Its Own, the Scales of Justice are Tipped Heavily Against the Truth Coming Out

What this effectively means is that the DA’s office and the courts have complete control over what information goes before the jury and what is disclosed to the public afterwards. As lopsided as the Coroner’s inquest was, at least it was a public spectacle that was available to be scrutinized by the community at large. No such transparency exists with grand juries. Basically, a prosecutor can call only sympathetic or unconvincing witnesses and do a half-hearted  effort while questioning them to ensure the jury doesn’t find enough evidence to support a criminal charge and then hold their failure to issue an indictment up as  proof that a shooting was justified. Nobody outside of the grand jury room would be able to refute this assertion since everything took place behind closed doors and none of them are allowed to speak about what they saw.

Fact is, using a grand jury to determine whether police shootings should be prosecuted violates pretty much every aspect of the proposed reforms (from the Nevada ACLU) for the Coroner’s Inquest:

• Allow the attorneys for both the officers and the victims to participate directly in the process and ask questions during the inquest;
• Have a neutral presenter of facts that is not the District Attorney’s Office;
• Be limited to relevant questions about the decedent and the involved officers;
• Make determinations of fact and leave decisions about whether criminal charges should proceed to the District Attorney;
• Follow the same Rules of Evidence used in courtrooms (this is one singular exception); and
• Be fully transparent and open to the public.

Historically, indictments of police through the grand jury have been hard to come by. In general, bringing cases before the grand jury are the exception rather than the rule and there’s a reason for that. As stated by the attorney for the family of a man murdered by police in White Plains, NY after the grand jury decided not to indict the cops:

“…the grand jury is often used to cover politically for a figure, for a district attorney. So if the grand jury indicts, it’s not the district attorney’s fault. They simply presented the evidence, and the grand jury indicted. If the grand jury chooses not to indict, well, then the grand jury essentially is blamed, but that’s an anonymous group of 23 individuals.”

Nor is the idea that grand juries might be used as a smoke screen to protect rather than punish police a new concept. Just a few months ago Albuquerque, NM. suspended the use of grand juries to investigate police shootings after criticism of their use and the fact that (like Vegas) not one single shooting has ever been ruled unjustified:

For more than two decades, police officials have countered criticism of dozens of officer-involved shootings in Albuquerque and Bernalillo County by noting that every case is reviewed by a grand jury…

No one involved in the process can recall a single “unjustified” finding since the process was put in place in the late 1980s in response to criticism of police shootings at the time — even in a case in which the officer was fired and the city paid big bucks to settle a civil lawsuit.

Critics say that’s by design.

“It looks to me like a device that’s designed to give police a pass on shootings,” said Ray Twohig, a longtime civil rights attorney. “The public should have no confidence whatsoever in this process — there’s no independent investigation … The goal is: ‘Let’s not indict any cops…’ ”

Attorney Shannon Kennedy said…it is designed to treat officers differently from ordinary citizens.

“They are basically operating above the law,” she said. “Officers in APD know about this process; they know they will be exonerated. This contributes to more and more police shootings, because there is this culture of no accountability.”

District Attorney Wolfson himself hasn’t exactly inspired a lot of faith that he will do the right thing in cases of police abuse. In “DA statements” that have taken the place of the Coroner’s Inquest since they were put on hold, Wolfson has determined that cops shouldn’t be punished for kicking a restrained man suffering from diabetic shock in the head first because it “wouldn’t be in the community’s best interest” and later because Henderson cops are trained to kick people in the head while arresting them.

That there is enough evidence to support charges shouldn’t be in doubt being that there is a video of the shooting clearly showing that Stanley Gibson didn’t represent an imminent threat and statements by sources within LVMPD have confirmed that Jesus Arevalo knew about the plan to force Gibson from the car without using deadly force. If there was a video of anyone else unnecessarily shooting an unarmed person, that person would be sitting in jail awaiting a trial, not sitting at home on paid vacation like Jesus Arevalo is right now.

To ensure that there isn’t even the appearance of any sort of official favoritism being extended to police officers (or other government employees) Wolfson needs to do the right thing by charging Arevalo directly and placing this case in the hands of a trial jury, rather than gambling on a grand jury issuing an indictment first. A gamble that members of this community aren’t so sure he is willing to go “all in” on. Furthermore, any charges brought should include charge of murder, since that’s what truly happened that day.

WILL THERE EVER BE JUSTICE? is a post from Cop Block - Badges Don't Grant Extra Rights

Justice?

Can there ever really be justice? I never thought I would question this

Really never cared or had a reason to give it too much thought before

 I arrived in Las Vegas in 2000 due to the passing of my father

It was  a sad time for me reconnecting with my little sister

Who I hadn’t seen in many years. This is how I met Stanley L. Gibson

My brother in law and him were friends and he had come over one day

And that basically was the day we started our life together

For the next 12 years it was just Stan-N-Rondha

Two orphans against the world, but we had love

We shared a love that no-one could ever understand

But it was our love and then in one quick instant it was gone

By the hands of the people that say they are here to serve and protect

What they don’t tell you is they only serve and protect each other

They say if you are robbed you should call the police but

I ask you who do I call when Metro was the one who robbed me

This power LVMPD has to kill without consequence needs to end

Too much blood has been spilt due to their actions

Too much innocent blood has been shed

Stand beside me and let our voices be heard

NEVER FORGET!  NEVER FORGET!

by

 Rondha Gibson

Widow of Stanley L. Gibson

And victim of

 The actions of LVMPD & Jesus Arevalo

Will Justice be Denied Yet Again in Las Vegas?

Thanks for reading. WILL THERE EVER BE JUSTICE? by Rondha Gibson is a post from Nevada CopBlock

Las Vegas is an increasingly more dangerous place anytime police are in the area.

The first “Police Fatality Public Fact-Finding Review,” regarding the murder of Stanley Gibson by Metro Officer Jesus Arevalo, is scheduled to take place on Thursday February 28th beginning at 9:00 am and will be located at the Clark County Government Center, where the Clark County Board of Commissioners hold their regular meetings.

We’ll be meeting up at 8:00am in order to organize together and go over the specifics of what we will be doing to bring attention to Stanley’s murder. It’s incredibly important for anyone that cares about justice and supports accountability for police that commit crimes against people within the Las Vegas community to be there and make their voice heard for past victims of police violence and to prevent future innocent victims.

In spite of the long-winded name change, the new process that was created by LVMPD’s Sheriff Gillespie and Chris Collins of the Las Vegas Police Protective Association (Police Union) is designed to do anything but allow the public to find facts. The reality is that it is much worse than the original, much maligned, Coroner’s Inquest system that it will be replacing.

Unlike the Coroner’s Inquest, the Police Fatality Review will involve no opportunity for testimony from witnesses and only voluntary testimony by the police involved in the shootings, which the LVPPA has already gone on record as saying that pretty much has no chance of happening. What it amounts to is a choreographed staging of the police department’s version of events with zero representation from a genuine neutral party, the victim’s family, or independent witnesses.

Clark County District Attorney Steve Wolfson actually referred to it as a “performance,” while endorsing it, during the Commissioner’s meeting in which it was initially proposed. That’s just how much of a blatant and callous cover up the Police Fatality Review is.

The first case to go before this Police Fatality Review involves the murder of Stanley Gibson, an unarmed man who was shot seven times by Jesus Arevalo in spite of having committed no actual crime and having had his vehicle blocked in by several police cars so that it was unable to move.

Stanley, a disabled veteran, who was lost and suffering a panic attack as a result of PTSD and other ailments he suffered during his time in the Persian Gulf, represented no direct or imminent probability of harming anyone at the time.

There was no reason for any of the dozens of heavily armed police to feel in any way threatened by him. And the fact that of all those cops there, only Jesus Arevalo felt the need to fire the shots that killed Stanley Gibson only supports that conclusion.

Caution Police State ahead

Instead of holding someone that at best was grossly negligent that night accountable for his actions, D.A. Wolfson, Sheriff Gillespie, LVPPA’s Chris Collins, the Clark County Board of Commissioners, and every other member of the LV Metro Police Department are closing ranks around him in a misguided attempt to cover up yet another officer involved shooting under what could only mildly be called questionable circumstances.

Anyone living in Las Vegas should be well aware that there is a longstanding problem with brutality and outright murder by members of Las Vegas area police departments, especially those of the LVMPD. In several cases, especially those involving Stanley Gibson, Erik Scott, Trevon Cole, Henry Rowe, and Rafael Olivas, the circumstances behind the shooting have been incredibly questionable, if not completely inexcusable.

The obvious reason for the mounting body count by local police is the fact that no Las Vegas area police officer has EVER been held accountable for shooting someone, no matter how questionable that shooting has been.

Replacing what was already a terribly flawed system with one that not only retains those flaws, but incorporates even less transparency and can only be seen as a conscious effort to ensure the police never have to fear being held accountable for deaths they cause not only doesn’t address this problem, but in reality actually makes it harder for the police to do the things they are supposed to do by creating a lack of trust and discouraging any support for police from the people living within the community that they work.

It’s a self-perpetuating downward spiral that only exacerbates an already toxic and often violent relationship. The time to put an end to this has already passed and things can only get worse at this point if the transparency and accountability that Sheriff Gillespie promises so often isn’t actually upheld truthfully and with honest intentions.

As of right now, I have been unable to find any info regarding the specifics of the expected length of the kangaroo court that will begin Thursday or restrictions on public entry into the chambers where it will be held. Although, I suspect this lack of information is intentional, if I do come across that information I will post it here.

Thanks for reading. Unite with Nevada Cop Block to Oppose the Cover Up of Stanley Gibson’s Murder by LVMPD is a post from Nevada CopBlock

This week, Nevada Cop Block will be hosting a special event as part of a local activist get together known as the Las Vegas Anarchist Cafe, which will focus on bringing accountability to Las Vegas area police.

This event, “Disarm the Police,” will be an informational and organizing meeting regarding issues with police brutality, lack of accountability, and official corruption. In addition, there will be discussion about setting up regular actions based around bringing attention to and addressing those issues.

Methods, goals, and acceptable outcomes will all be discussed. Also, information about how to get involved with local police “watchdog” groups, such as Nevada Cop Block (NVCopBlock.org), will be provided for those wanting to become more involved on an ongoing basis.

The Las Vegas Anarchist Cafe meets Saturdays, from 6:00—8:00pm, at Sunrise Coffee Shop, which is located on Sunset Rd. between Pecos and Eastern (map below). The A-Cafe is not a place, it’s an event–a social experiment in urban anarchy, organized by the Southern Nevada Alliance of the Libertarian Left and a group of unaffiliated local anarchists. The A-Cafe is a forum for anarchists in the Las Vegas area to get to know each other, to hang out, to shoot the breeze, to talk some shop, to talk about the projects that we are working on, and to organize new projects. Anyone who’s an anarchist, anti-statist, or just anarchy-curious is invited to join us.

Drop in any time — the gathering is informal, and based on chatting and sharing information. There isn’t a fixed agenda. (But if you want to set up an organizing meeting for a particular project with a fixed agenda, A-Cafe is a great place to meet people to invite.) Feel free to drop in at any time and leave whenever you need to.

Bring yourself. Bring a friend. And bring anything — ideas you’ve had, projects you’re working on, literature, zines, flyers, art, whatever — that you’d like to share with some like-minded people.

View Larger Map

Thanks for reading. Join Nevada Cop Block at the Anarchist Cafe (A-Cafe) for “Disarm the Police” is a post from Nevada CopBlock

A Statement Regarding the “Chalk Back” Action of Jan. 19, 2013, Hosted by Nevada Cop Block:

So Much Injustice, So Little Pavement.

At the end of today when I got home my hands were black with dirt, my knees were bruised and I have a pretty nice blister going on one of my toes. I did four hours of dancing and then went over to fight for justice for the people who have been murdered by the Las Vegas Metropolitan Police Department. When I say “murdered” I mean just that. I mean that Stanley Gibson, Trevon Cole, Erik Scott and a dozen or so others were actually murdered by the police.

Many of the actions we do against the police are chalking actions because it has the effect of making a powerful statement to people walking by and it lets the police know that we are watching them and won’t stand for this. We know that our corrupt government backs the police 100% of the time and that if a cop kills someone, they’ll get a desk job whereas if I did it I’d face a trial for my life or liberty.

We do not accept this and so once again, we joined others downtown at the Clark County Government Center and the police head quarters up the street to express ourselves and our frustrations on the side walk. I usually know at least some of the people who do this with us. This time I was pleased to find only two people who I’d met before which is good because it means that new people are interested.

One of these people was Rondha Gibson, the widow of Stanley Gibson, she walked around and read the things we wrote and I could see she was very much still grieving a year now since her husband was taken away from her needlessly.

The issue of police brutality is near and dear to the Sunset Activist Collective. Our final point on the eight principles reads that even if a person doesn’t belong to the 1% they can still protect the 1% or long to be among them. That’s what the police do. They make capitalism possible. This idea that the police are here to protect people is bullshit. The police are the internal armed wing of the government, sent to do it and the corporation’s (like Zappos) bidding. We also recognize and oppose a pattern of violence against the poor and against minority groups on the part of the government and the police. For these reasons we stand against the police.

Sunset was instrumental in helping craft the demands against the police department and local government. Sometime ago, the father of victim Erik Scott noticed our demands and helped spread them around. Through these protests we met Rondha and Rondha now knows the Father of Erik Scott. We will bring justice to the people who live here.

The way my hands and knees got scraped up was I spent quite awhile on them scrawling the demands of Sunset and NVCopBlock.org on the sidewalk and then I listed some of the more well known abuses of the police in Vegas, five to be specific: The recent murders of a dog named “Bubba”, Stanley Gibson, Erik Scott, and Trevon Cole, as well as Emmauel Dozier, who didn’t get shot or die but actually shot four pigs who he thought were breaking into his home during an unannounced drug raid. He has been charged with trying to kill these cops. No drugs were found.

I left out quite a few stories of abuse, sexual assault, other murders, and stories of abuse from the North Las Vegas cops or the pigs in Henderson. When I’d finished writing I noticed that these five injustices with our ten demands took up about 25 feet of sidewalk. When you can fill a sidewalk with that much shame and terror then its time for things to stop.

Government has not listened. The public protects the police by enabling them, telling them “thank you” and giving them little things to eat. I say stop. I say adopt the policy of “I don’t speak pig.” You don’t have to tell a cop anything except your name, age and place of residency. You don’t have to show them anything other than your ID. Tonight as we were traveling from the government center to the police Head Quarters a pig pulled up alongside us, got out and said “how’s it going?”

I said nothing. I refuse to let this person into my life or to greet him. He then asked “do you mind if I ask where you are going?” or something like that. Kelly looked at this pig and said “Actually I do mind if you ask, its none of your business.” Then we started walking away. We could hear the cop still trying to talk to people. He reminded me of a nerd that used to linger around everyone when we were hanging out, he’d try and start a conversation with you and you’d just ignore him. It must feel awful to have people give you the cold shoulder. That is how that cop was treated and that makes me happy. That we made this person uncomfortable. I’m proud of Kelly for the correct response. I’m proud of everyone who when asked “who is in charge?” didn’t say anything or said “no one.”

Anyone who talks to the cops legitimizes them. I’m not here to be friendly. I’m here because someone they know murdered someone. I don’t want to hang out and shoot the shit, I’m upset and rightfully so. And anyone who has a problem with me using the word “pig” to describe a police officer, they probably read my web posts and the sunset website. I make sure to call them that so they will read it and have a terrible rest of the day. It’s the least I can do.

As we all were getting packed up we talked about doing this monthly until the revolution comes. We discussed setting up a planning meeting to bring more people down for these. If you’re interested let me know.

-Ballentine, the Sunset Activist Collective

Thanks for reading. “25 Feet of Injustice” by Ballentine of the Sunset Activist Collective is a post from Nevada CopBlock

Stanley L. Gibson, a disabled Army vet, was murdered by Ofc. Jesus Arevalo on Dec. 12, 2012

Within the last few days, it’s been reported that Clark County District Attorney Steve Wolfson is close to reaching a decision regarding the murder of Stanley L. Gibson by a member of the Las Vegas Metropolitan Police Department. Additionally, reports have stated that Wolfson is “99% sure” that he will seek an indictment against Jesus Arevalo, the officer that fired 7 shots from an AR-15 into the Gibson’s back as he sat unarmed and clearly visible inside his car, which had been pinned and immobilized by several police vehicles. While there has been no official statement regarding what exactly this imminent decision might be or what charges may be sought, informed sources have indicated that within the next sixty days Wolfson will make up his mind whether the case will be put before a grand jury for a possible indictment against Arevalo.

At first glance, putting things in the hands of a grand jury would seem to be a step forward, in that it at least presents a possibility of Ofc. Arevalo being held accountable for his actions that day. Las Vegas police have a long and storied history of avoiding any sort of consequences for their heavy-handed tactics, no matter how blatant and deadly they have been. Steve Wolfson himself hasn’t exactly risen to the occasion when given the opportunity to make Las Vegas area law enforcement pay for their misdeeds.

A large part of the blame for this lack of accountability can be attributed to the long standing practice of determining whether police shootings were justified through the quasi-judicial Coroner’s Inquest process. Badly weighted in favor of exonerating the police rather than investigating the circumstances involved, the Coroner’s Inquests functioned more as a dog and pony show to construct a cover story than a fact finding  effort. As such, it should come as no surprise that only one single police killing was ever found to be unjustified (the DA still declined to prosecute the cops involved). The sheer odds of that being true over the course of 40+ years, including 378 shootings since 1990 alone, attest to the imbalance inherent in such a system.

William Mosher testifies during Coroner Inquest into the shooting of Erik Scott

Accelerating rates of officer involved shootings, many resulting in killings, along with outrage generated by the subsequent questionable exoneration of the police, led to demands to amend the Coroner’s Inquest. An overhaul of the Coroner’s Inquest was approved by county commissioners, including provisions to have victims represented by independent council in order to make the process more fair. However, this revised system of investigating shootings has never been implemented, due to the union representing Las Vegas area police (who not coincidentally believe Arevalo did nothing wrong) has advised them not to participate in Coroner’s Inquest proceedings because of their “adversarial nature.”

However, many of the original flaws within the Coroner’s Inquest system continue to exist and in some cases are even worse when grand juries are used to determine whether police and other officials should be prosecuted for questionable actions. Like the Coroner’s inquest, grand jury proceedings are conducted exclusively by the District Attorney’s office, who works closely with, and is often dependent on the cooperation of, police officers in order to secure convictions in cases they bring to trial. It is entirely up to them what evidence will be presented, who is called to testify, and how those witnesses  are questioned. In the past, prosecutors have often displayed a tendency to construct their cases in such a way so as to paint police in a favorable light. This conflict of interest was one of the most cited issues with the Coroner’s Inquest.

When the Government Prosecutes One of Its Own, the Scales of Justice are Tipped Heavily Against the Truth Coming Out

Even worse is the secrecy of grand juries. Nevada conducts their grand jury proceedings under what amounts to a full gag order. Nobody involved in a grand jury may  publicly disclose any of the evidence presented to the jury, information obtained by the jury, events or statements occurring in front of the jury, or even the results of an investigation by the grand jury. The lone exception to this is individual witnesses, who are limited to discussing their own personal testimony. Breaking these restrictions is a criminal act.

What this effectively means is that the DA’s office and the courts have complete control over what information goes before the jury and what is disclosed to the public afterwards. As lopsided as the Coroner’s inquest was, at least it was a public spectacle that was available to be scrutinized by the community at large. No such transparency exists with grand juries. Basically, a prosecutor can call only sympathetic or unconvincing witnesses and do a half-hearted  effort while questioning them to ensure the jury doesn’t find enough evidence to support a criminal charge and then hold their failure to issue an indictment up as  proof that a shooting was justified. Nobody outside of the grand jury room would be able to refute this assertion since everything took place behind closed doors and none of them are allowed to speak about what they saw.

Fact is, using a grand jury to determine whether police shootings should be prosecuted violates pretty much every aspect of the proposed reforms (from the Nevada ACLU) for the Coroner’s Inquest:

• Allow the attorneys for both the officers and the victims to participate directly in the process and ask questions during the inquest;
• Have a neutral presenter of facts that is not the District Attorney’s Office;
• Be limited to relevant questions about the decedent and the involved officers;
• Make determinations of fact and leave decisions about whether criminal charges should proceed to the District Attorney;
• Follow the same Rules of Evidence used in courtrooms (this is one singular exception); and
• Be fully transparent and open to the public.

Historically, indictments of police through the grand jury have been hard to come by. In general, bringing cases before the grand jury are the exception rather than the rule and there’s a reason for that. As stated by the attorney for the family of a man murdered by police in White Plains, NY after the grand jury decided not to indict the cops:

“…the grand jury is often used to cover politically for a figure, for a district attorney. So if the grand jury indicts, it’s not the district attorney’s fault. They simply presented the evidence, and the grand jury indicted. If the grand jury chooses not to indict, well, then the grand jury essentially is blamed, but that’s an anonymous group of 23 individuals.”

Nor is the idea that grand juries might be used as a smoke screen to protect rather than punish police a new concept. Just a few months ago Albuquerque, NM. suspended the use of grand juries to investigate police shootings after criticism of their use and the fact that (like Vegas) not one single shooting has ever been ruled unjustified:

For more than two decades, police officials have countered criticism of dozens of officer-involved shootings in Albuquerque and Bernalillo County by noting that every case is reviewed by a grand jury…

No one involved in the process can recall a single “unjustified” finding since the process was put in place in the late 1980s in response to criticism of police shootings at the time — even in a case in which the officer was fired and the city paid big bucks to settle a civil lawsuit.

Critics say that’s by design.

“It looks to me like a device that’s designed to give police a pass on shootings,” said Ray Twohig, a longtime civil rights attorney. “The public should have no confidence whatsoever in this process — there’s no independent investigation … The goal is: ‘Let’s not indict any cops…’ ”

Attorney Shannon Kennedy said…it is designed to treat officers differently from ordinary citizens.

“They are basically operating above the law,” she said. “Officers in APD know about this process; they know they will be exonerated. This contributes to more and more police shootings, because there is this culture of no accountability.”

District Attorney Wolfson himself hasn’t exactly inspired a lot of faith that he will do the right thing in cases of police abuse. In “DA statements” that have taken the place of the Coroner’s Inquest since they were put on hold, Wolfson has determined that cops shouldn’t be punished for kicking a restrained man suffering from diabetic shock in the head first because it “wouldn’t be in the community’s best interest” and later because Henderson cops are trained to kick people in the head while arresting them.

That there is enough evidence to support charges shouldn’t be in doubt being that there is a video of the shooting clearly showing that Stanley Gibson didn’t represent an imminent threat and statements by sources within LVMPD have confirmed that Jesus Arevalo knew about the plan to force Gibson from the car without using deadly force. If there was a video of anyone else unnecessarily shooting an unarmed person, that person would be sitting in jail awaiting a trial, not sitting at home on paid vacation like Jesus Arevalo is right now.

To ensure that there isn’t even the appearance of any sort of official favoritism being extended to police officers (or other government employees) Wolfson needs to do the right thing by charging Arevalo directly and placing this case in the hands of a trial jury, rather than gambling on a grand jury issuing an indictment first. A gamble that members of this community aren’t so sure he is willing to go “all in” on. Furthermore, any charges brought should include charge of murder, since that’s what truly happened that day.

Thanks for reading. Justice for Stanley Gibson or Just an End-Around Coroner’s Inquest Reforms? is a post from Nevada CopBlock

From Rikki Cheese and Spencer Lubitz at ABC 13 Action News:

Civil rights advocates want those treated unfairly by police to speak out

Las Vegas, NV (KTNV) — A group of civil rights advocates want to hear from people who feel they’ve been mistreated by Metro police.

People have been shot, beaten and tasered by Metro officers across the department’s jurisdiction. Civil rights groups hope airing those stories in public forums could help change police behavior.

Mitchell Crooks was beaten by a cop for videotaping a burglary investigation across the street from his home near Desert Inn and Maryland Parkway. Erik Scott was shot and killed at a Costco in Summerlin. Both Caucasian men. Civil rights advocates say they’re not Metro’s usual suspects in officer-involved shootings, or accusations of excessive use of force.

I can’t say whether there’s a conscious racial bias, but certainly the evidence reveals a disproportionate impact on minority populations, and that’s just brought out by the data, Staci Pratt with the ACLU said.

Pratt says 2010 census data shows the largest proportion of officer-involved shooting occur in African-American and Hispanic neighborhoods in Clark County.

Advocacy groups also want to hear from people who feel they’ve been mistreated by law enforcement in all ways, and who feel their complaints have not been heard.

Pratt applauds Metro’s recent changes in their use of force policy and for accepting recommendations from the ACLU and NAACP but says officers need to be more sensitive to the people they police.

That may not be a conscious thing on Metro’s part, Pratt said. But it certainly is an issue that needs to be raised and addressed.

It is good that they are doing this. Legal reforms and use of force policies don’t do a damn thing, but here and elsewhere they may be reflections of, and concessions to, something much more poewrful. The only thing that is ever going to restrain police abuse is a culture of popular resistance, public exposure and social accountability for abusive cops, and hard driving community activism.

Support your neighborhood CopWatch.

See also:

• GT 2011-10-10: Your constitutional rights have nothing to do with the law.
• GT 2009-09-16: The Police Beat: Shot in the Back
• GT 2009-02-23: The Metro Police Beat
• GT 2008-12-05: Don’t turn your back on the Wolfpack
• Nevada CopBlock: Keeping Police Accountable in Nevada

I saw this video make the rounds months ago but, after seeing it on the Ohio Cop Block group recently I thought it worth sharing here. Enjoy.

This post on checkpoints is especially timely as we just received an email from Archie Norris, who noted:

I recently came upon a Police Checkpoint, as I approached the check point, I was blinded by the lights, there were four cruisers on each side with a huge truck with a spot light shining on the checkpoint, all I could see were two officers standing in the middle of the checkpoint, I pulled up to the officers, and He immediately started screaming at me, I was in shock, I couldn’t even tell you what He was screaming about. I said I wasn’t speeding, He tell’s me to pull the “Fuck over to the curb” so I did, He ask for my license and registration, I haven’t had a ticket since I was a kid, I’m 40 yeas old now, He comes back to my car and sites me for failure to obey sign, and driving in unsafe conditions. I have never been through a checkpoint in my life, and that was covered in the drivers handbook when I took my DR test. What can I do if anything?

Do you have any suggestions for Archie or others who roll-up on a checkpoint?

One somewhat obvious suggestion is to always have a videocamera nearby when operating a vehicle – whether on your person, within reach, or mounted to the dash. If not tied-into the vehicle’s battery, make sure the batteries on the device are charged and there is room for content to be captured.

If you have a smartphone, download a free streaming application and become familiar with its functionality. That way, footage captured cannot be deleted by aggressors. Before even putting your vehicle into drive you may want to pull the application up, so if it’s needed it’s ready to go with just the push of a button.

If someone wearing a badge engages you be proactive and immediately inform them that you’re recording. This will safeguard you against any claims of wiretapping and deflate claims from those who automatically support whatever is muttered from a LEO. Also, stating that you’re filming may deter hostility as actions that happen during the interaction from all parties will be visible by others, making more-likely a scenario that you’ll be “free to go.”

On communication – ask “Am I being detained?” If not, leave. Be careful not to give-away any information that could be used against you in legal land. Respond to questions with questions.

Our friends at Indianapolis Cop Block shared this related link last night: 10 Signs That The Highways Of America Are Being Transformed Into A High Tech Prison Grid

Here are a couple other checkpoint-related videos that demonstrate some of these tactics:

How-to Handle Checkpoints is a post from Cop Block - Badges Don't Grant Extra Rights