Gangsters in Blue

• Last month AOL News ran an anecdotal Data-less Trend Story about city governments in small towns firing the city government police force in order to cope with budget crunches.^[1] I’d like to know what the actual data here is; typically, cash-strapped city governments react by cutting everything except police and jails. If governments’ financing crises are finally leading them to reduce the number of police patrolling city streets, that’s surprisingly good news. Most of the towns mentioned are very small towns — with populations ranging from about 700 to 4,500. The outlier, Maywood, California, has about 30,000 people living in the town (with a whopping 4 murders in 2008! twice the national average!). Apparently part of the reason they fired the police department was because a lot of the city government’s $450,000 budget deficit, and its trouble securing insurance, came from lawsuits, many involving the police. Government employees and hangers-on are going nuts about all of this. After the vote in Maywood, ex-City Treasurer Lizeth Sandoval told the city council You single-handedly destroyed the city, by which she means that they outsourced the city government. (You won’t find any burned-out buildings, torn-up streets, or dead bodies; the places and people in the city of Maywood, California are still right where they were, going on as happily as they were before; the only things destroyed were the government jobs of tax-eaters like City Treasurer Lizeth Sandoval.) Jim Pasco, national executive director of the Fraternal Order of Pigs, said that decisions to fire local police were penny wise and pound foolish, because sheriff’s departments and state police will be spread thin patrolling larger areas, and no amount is too much to spend on city cops, because The absolute threshold responsibility of a government at any level is to ensure the safety of its citizens.

• For example, consider local hero Officer Bryan Yant, liar and killer for the Las Vegas Metro police department, who by making up lies to obtain fraudulent search warrants and by violently breaking into citizens’ homes late at night, where he ensures the safety of Las Vegas’s citizens by kicking down doors and shooting unarmed black men with his AR-15 assault rifle, based on furtive motions and a glimmer or something shiny that nobody but Officer Bryan Yant ever saw, and which is plainly contradicted by forensic evidence related to the angle of the shot. Local government in Las Vegas has fulfilled is threshold responsibility by once again^[2] ensuring the safety of Officer Bryan Yant from any legal consequences for shooting innocent, unarmed men in the head during a hyperviolent raid to investigate a completely nonviolent, victimless crime, all of it based on demonstrable falsehoods and mistaken identity — oops! my bad! All of which should free Officer Bryan Yant up for a fourth Internal Investigation, in which his government colleagues will once again either exonerate him or let him off without any criminal penalties, for lying and fabricating fictitious search and arrest warrants in at least one other drug investigation involving another hyperviolent late night home raid. The polite term in local media for Officer Bryan Yant’s work ensuring the safety of Las Vegas citizens is sloppy. A better term would be fraudulent and lethally violent. How much safer does it make you feel that this lying, killing 4-time winner is still a fully-paid member of the Las Vegas Metro police force?

• Meanwhile, in El Reno, Oklahoma, government police officers are ensuring the safety of El Reno citizens by forcing their way into an 86-year-old bed-ridden grandmother’s home on a wellness check, and then, if she should object to 10 armed strangers busting into her house, by stepping on her oxygen hose and torturing her with electrical shocks in her own bed, until she passes out from the pain. El Reno Police Chief Ken Brown justified this use of extreme violence against an elderly woman who could not possibly have physically harmed anybody more than a couple feet away from her on the grounds that she was holding a kitchen knife, and she told officers She was in control of her life. Thus, Police were forced [sic!] to use a Taser on the woman until she could be forced into a hospital psychoprison — not because she was actually charged with any crime, of course, but so that she could be cured of her deranged and dangerous belief that she was in control of her own life.

• Meanwhile, in New York, New York, Officer Patrick Pogan, a government police officer working for the New York city government, ensured the safety of New York citizens by body-slamming an unarmed bicyclist to the ground for trying to avoid hitting him, and then lying about it in his police reports, where he claimed that his victim was trying to ram into him, rather than swerving around him. His government colleague Manhattan Supreme Court Justice Maxwell Wiley, in turn, fulfilled his threshold obligation by ensuring that this lying violent thug would face absolutely no criminal consequences whatsoever for the crimes that he had been convicted of.

• Also, in New York, New York, government cop Detective Louis J. Eppolito ensured the safety of New York citizens by taking a second job as an informant and hit-man for the Luchese crime family. He took a special interest in ensuring the safety of Brian Gibbs by framing him for murder — among other things, making up fictional witness statements, threatening witnesses in order to get testimony against Gibbs, withholding evidence that would have proven Gibbs’s evidence, and torturing Gibbs himself until he extracted a false confession. Brian Gibbs lost 19 years of his life locked in prison. The New York Police Department spent years fulfilling its threshold obligation to keep Detective Louis J. Eppolito safe from any consequences for his violent crimes, even though — years before he tortured and framed Brian Gibbs — they had direct evidence that he was working for the Mafia (including having his fingerprints on police reports he had handed off to a fellow gangster). The Incident was, of course, Internally Investigated, and Detective Eppolito was let off without even facing any administrative disciplinary actions. Which freed him up to go on murdering and imprisoning innocent people for the mob. The city government in New York still officially maintains that Brian Gibbs is guilty of murder. However, they’ve decided to sign a $9,900,000 settlement; dedicated public servants that they are, they will send the bill to innocent New York City taxpayers who had nothing to do with the crimes committed against Brian Gibbs.

• Meanwhile, in Sebastian County, Arkansas, government drug investigators are ensuring the safety of citizens by staging heavily armed, late-night raids on citizens’ houses, where they threaten the lives of everyone in the house, including sleeping babies — without bothering to check the address on the mailbox to see whether they are actually even forcing their way into the right house. (Oops! My bad!) Then, after releasing their innocent victims from the shackles they had forced them into, the cops they went down the street to the right house, where they broke into somebody else’s home, threatened three other innocent people’s lives, and forced them into cages at gunpoint, for the completely nonviolent offense of having marijuana.

• Meanwhile, in Universal City, Texas, government police are ensuring the safety of citizens by surrounding innocent women and children in their cars, pointing guns at them and screaming at them to put their hands up, and then forcing their way into the car before they realize — oops! our bad! — that they had the wrong car and the wrong people, and were threatening the lives of a black woman with three children who had nothing to do with the white man they were trying to ambush. Since government police never face any consequences whatsoever for their fuck-ups, no matter how high-stakes, violent, reckless, traumatic or dangerous to the safety of innocent citizens, the police department is waving it off as an unfortunate coincidence. They refer to the use of such high-stakes, violent tactics in uncertain situations, with incomplete information, to terrify and overwhelm innocent women and children, as doing our jobs, and publicly state that We would not change what we did. Of course they wouldn’t; who’s going to make them?

• Meanwhile, in Tavares, Florida, government police are ensuring the safety of citizens by interrogating and then arresting Latina women who are not suspected of any crime, for not giving her name fast enough or producing identification papers on demand. The government police officer told his victim that she had to provide ID because he needed to put her name in a database. When she said she needed to go to the car to get it, the cop arrested her for resisting arrest and had her locked in a jail cell for 5 hours.

• Meanwhile, in Hamilton, Ontario, government police are ensuring the safety of citizens by staging hyperviolent drug raids, forcing their way into apartments at gunpoint, forcing the citizens in them to the floor, then slamming their faces into the floor and kicking them when they try to explain that the cops have the wrong address. Po Lo Hay’s safety was ensured so good and hard that he ended up with stitches above his eye, a bloody nose, welts, and a broken rib.

• Meanwhile, in Bridgewater, England, government police are ensuring the safety of citizens by threatening them with electrical torture devices and then accidentally hitting them with a 50,000 volt electric shock to their genitals, in the course of an unnecessary traffic stop intended to investigate whether or not they were committing the completely nonviolent offense of driving without government-mandated corporate car insurance. For accidentally inflicting the worst pain that this innocent man has ever been subjected to in his life, government cops are offering an Oops! Our bad!

I sure am glad that government cops are out there to ensure our safety, and local governments are there to extract tax dollars to force us all, on threat of prison, to pay for this threshold obligation. If government cops weren’t there to harass, threaten, torture, frame, jail or kill innocent citizens, all with complete legal impunity so long as they can shout an Oops! My bad! that some fellow cop or other government employee will believe, who would keep us all safe?

1. ^[1] When city governments fire police forces, county sheriffs or state police forces generally take over the busting of heads and jailing of suspects. But the shift does mean that patrol cops are fewer and farther between, and local taxpayers are much less likely to get soaked with local tax increases to pay for salaries or benefits packages. ↩
2. ^[2] Yant has gunned down three people during his police career — killing two of them, including Trevon Cole — and has been exonerated by the police department and the Clark County government’s coroner’s inquest. ↩

From The Huffington Post: A stunning incident of police brutality in Paris, Texas, was caught on tape and has led to ramifications. Cornelius Gill was slammed up against a car in the town about 90 miles northeast of Dallas, and his friend was grappled alongside him. Gill said of the incident: “It really hurt. I couldn’t [...]

Last Sunday, a Dallas police officer fired 13 rounds of pepper dust to disperse a small peaceful crowd that had formed as people were leaving the bars at closing time in a popular nightlife area.  It turns out that the officer had just been trained to use the pepper ball gun and apparently just couldn’t [...]

All Vehicles Look Alike. Daily Brickbats (2010-07-09):

JaDaimon Cole says he and his girlfriend were terrified when Dallas police ordered them out of their car at gunpoint. Sgt. Warren Mitchell described the stop as "an honest mistake." He says an officer typed in an "N" instead of an "M" into a computer terminal when checking the license...

Hot Pursuit. Daily Brickbats (2010-04-27):

San Antonio, Texas, police say Officer Gabriel Villareal has been suspended indefinitely, but they refuse to say why. However, a woman, who was not identified by local media, says he showed up at her door one day saying he was responding to a 911 call. She said she hadn't called....

In which Officer Gabriel Villareal, stalker in uniform, uses his powers as a police officer to hunt down a San Antonio woman's address, barge in on her unannounced, and harass her in her own home. If you or I used our own private resources to pull a stunt like that, we'd be prime candidates for a restraining order and might well end up arrested on stalking or menacing charges. When Men In Uniform use their own far more extensive resources, as well as the implicit threat of their legal and physical powers, to inflict their unwanted attentions on unwilling women, suddenly it's a private administrative matter, to be handled behind closed doors by the Department.

By Carlos Miller
In the above video, a news videographer is standing on public property when approached by a cop who demands his identification (starting at 1:40).

The videographer refuses to provide his identification on the grounds that he is not doing anything illegal.

The cop, of course, gets irritated and calls for more cops.

But the videographer continues to refuse. And he continues to film, much to the dismay of the cop who comically places his hat in front of the lens.

Did the videographer have the legal right to refuse to provide ID?

Yes.

But only because he was not being lawfully detained (the key word being “lawfully” as the officer did tell him he was being detained at 4:20).

After several minutes of bullying, the videographer was allowed to leave without producing his identification because they really had no reasonable suspicion to detain him.

However, he was ordered to leave the area when it is clear from the video that other civilians are casually strolling the same area. That was another unlawful order.

But at that point, he probably didn’t want to push his luck.

He was in Texas, after all.

Contrary to what some might believe, there is no federal law mandating that we must provide identification when asked by police.

However, several states have “stop and identify” statutes that require people to produce identifications if they are being legally detained. And police can only legally detain you if they have a reasonable suspicion you have committed or are about to commit a crime.

Texas recently joined the ranks of states that have these statutes. And the following 24 states also have stop and identify statutes, according to Wikipedia.

Alabama Ala. Code §15-5-30

Arizona Ari. Rev. Stat. Tit. 13, Ch. 24-12 (enacted 2005)

Arkansas Ark. Code Ann. §5-71-213(a)(1)

Colorado Colo. Rev. Stat. §16-3-103(1)

Delaware Del. Code Ann., Tit. 11, §§1902, 1321(6)

Florida Fla. Stat. §856.021(2)

Georgia Ga. Code Ann. §16-11-36(b) (loitering statute)

Illinois Ill. Comp. Stat., ch. 725, §5/107-14

Indiana Indiana Code §34-28-5-3.5

Kansas Kan. Stat. Ann. §22-2402(1)

Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A)

Missouri Mo. Rev. Stat. §84.710(2)

Montana Mont. Code Ann. §46-5-401

Nebraska Neb. Rev. Stat. §29-829

Nevada Nev. Rev. Stat. §171.123

New Hampshire N. H. Rev. Stat. Ann. §594:2

New Mexico N. M. Stat. Ann. §30-22-3

New York N. Y. Crim. Proc. Law (CPL) §140.50 (1)

North Dakota N.D. Cent. Code §29-29-21 (PDF)

Ohio Ohio Rev. Code §2921.29 (enacted 2006)

Rhode Island R. I. Gen. Laws §12-7-1

Utah Utah Code Ann. §77-7-15

Vermont Vt. Stat. Ann., Tit. 24, §1983

Wisconsin Wis. Stat. §968.24

The Wikipedia entry breaks down police interactions into three categories; consensual, detention and arrest.

A consensual interaction is no different than an interaction between two civilians on the street. It gives the cop the right to ask the civilian questions, but it also gives the right for the civilian to refuse to answer those questions, including providing identification.

A detention interaction is where a person is being legally detained, meaning the officer needs to have some sort of reasonable suspicion that the person is involved in a crime. This is generally known as a “Terry Stop.” In the states that have stop and identify laws, the person could be arrested for refusing to provide identification.

The arrest interaction is when police have probable cause to arrest a person, which requires more evidence than mere reasonable suspicion. This, of course, allows the officer to search the person for identification once the arrest is made. If the suspect does not have identification, it could be illegal to refuse to identify oneself depending on the jurisdiction. You might remember last year’s article about a New Hampshire man who spent several weeks in jail for refusing to provide his real name.

Some police apologists might argue that if a person refuses to provide identification during a consensual argument, then that automatically turns it into a detention interaction because it gives the cop reasonable suspicion that he is trying to hide something.

But even an article written by a senior legal advisor from the Plano, Texas Police Department published in The Police Chief, described as the “Professional Voice of Law Enforcement,” confirms that an officer must be engaged in a Terry Stop before he can demand identification.

To further confound things, the rules supposedly differ when a person is operating a vehicle because state laws usually require people to produce identification upon request.

But even that has been challenged by a couple of Arizona activists who were arrested after refusing to comply with authorities after having been stopped at Border Patrol check points, including one who recently had his charges dismissed.

-30-

Take a couple of minutes and vote for Photography is Not a Crime in the South Florida Sun-Sentinel Best of Blogs Awards contest. The main category is the Best Overall Blog category. That’s the grand prize.

I was also nominated for the “Politics” category, the “Art/DIY” category and the “Photography” category. You need to register to vote, but once you do, you can stuff the ballot box by voting for each category at least once a day until the contest ends.

It only takes a couple of minutes. Think of all the time I spend updating this damn blog. It would be well appreciated.

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Brandon Gilroy the soaring Eagle Scout Brandon Gilroy the accused voyeuristic cop



By Carlos Miller
Six years ago, Brandon Gilroy was celebrated for earning an Eagle Scout rank as a Boy Scout, which no doubt helped him secure a job as a university police officer after he graduated high school.

Today, at the tender age of 23, he is facing criminal charges after allegedly photographing women undressing inside a department store dressing room.

Gilroy has since resigned as police officer from St. Edward’s University in Austin.

So much for the 21 merit badges he earned as a scout.

Police say Gilroy was arrested Tuesday after he was caught placing his cellphone camera on his foot and sliding it underneath a dressing room stall at an Austin Macy’s. 

These women had a clear expectation of privacy, which is why photographing them was illegal.

Police say he was not uploading the videos to Youtube, which apparently is a common occurrence among other Peeping Tom videographers.

“What he confessed to or admitted to and it’s in the probable cause affidavit it placing the cell phone camera on the top of his foot and then sliding his foot underneath the divider between the two stalls and recording whatever it would pick up,” said Julie O’Brien, the Commander of APD’s Violent Crimes Unit.

“I’m not going to comment exactly at this point as to what we found on his home computer, but I will say that we have not recovered any evidence at this point that he was taking any of these images and uploading them to the Internet or to any voyeuristic type site,” said O’Brien.

But that doesn’t mean he did not have a whole slew of voyeuristic videos on his computer for his own enjoyment.

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Senior Corporal Michael Vaughn. Dallas Police Department. Dallas, Texas. Cops are here to keep us safe by killing 10-year-old kids on bicycles while tearing down the road at at 30 mph over the posted speed limit with no lights and no sirens on.

If you or I slammed into a 10 year old on a bicycle while doing 70mph in a 40mph zone on a major thoroughfare like Belt Line, we’d be crucified in the press and locked away for years on a vehicular homicide charge. But since Senior Corporal Michael Vaughn is a cop, even though he admittedly violated established policies for safe driving and killed a 10-year-old child through his recklessness, he gets Internally Investigated and given a one day vacation from his job.

See also:

• GT 2009-07-31: The Police Beat
• GT 2009-05-22: Friday Lazy Linking

• Officer Justin Barrett. Boston, Massachusetts. The Boston Police Commissioner recently suspended and moved to fire Boston patrol cop Officer Justin Barrett, after being forwarded a racist-ass e-mail that Barret wrote in response to Yvonne Abraham’s Boston Globe column criticizing Sergeant James Crowley for his stupid arrest of Henry Louis Gates. All the news stories have mentioned how Barrett stated I am not a racist, but I am [prejudiced] towards people who are stupid and repeatedly described Gates as a banana-eating jungle monkey. Some also mentioned active patrol cop Barret’s statement that, had he been in Crowley’s place, he not only would have arrested Gates but would have pepper-sprayed him in the face. None of the mainstream media articles I’ve read so far have mentioned that active patrol cop Officer Justin Barrett also complains that Your defense [4th paragraph] of Gates while he is on the phone while being confronted [INDEED] with a police officer is assuming he has rights when considered a suspect. He is a suspect and will always be a suspect. (Brackets in original; emphasis mine.) Or that, alongside the violent racism and explicit totalitarianism, he adds some crude misogyny, writing to the immediate target of his letter, Yvonne Abraham, that You are a hot little bird with minimal experiences in a harsh field. … You have no business writing for a US newspaper nevermind detailing and analyzing half truths. You should serve me coffee and donuts on Sunday morning. He later repeats the joke about coffee and says that you just need to get slapped. Officer Justin Barrett, when not a racist, sexist, police-statist patrol cop, is also a veteran of the United States government’s Army; he felt comfortable forwarding his racist, sexist, police-statist e-mail to a few of his buddies in the Boston police force and several of his buddies in the Army National Guard. Since the story hit, Barrett has complained to the media that in the uproar over his repeated use of the phrase banana-eating jungle monkey, People are making it about race. It is not about race, and that, although he made a poor choice of words, I didn’t mean it in a racist way. I treat everyone with dignity and respect. His lawyer says that he plans to fight to hold onto his cop job at the upcoming hearing.

• Disorderly conduct. Patrolman Robert Lang, Patrolman Jared Bock, and Patrolman Shawn Panchick. Brackenridge, Pennsylvania. Three white patrol cops in Pennsylvania are being investigated by another local government’s cops in response to allegations that they beat and robbed a three black teenagers who they arbitrarily commanded (why?) to clear off of a friend’s front porch where they were hanging out late at night. I don’t know whether or not the allegations of robbery are true — one of the victims, Kyle Dudley, claims that he was beat down and robbed of his watch and money by a group of cops possibly different from the three who originally responded to the call, which makes it hard to compare stories — but I do know that, whether or not those allegations are true, the story that the cops all agreed on for their report is more than enough reason to call their conduct belligerent, violent and stupid. Cops have exactly no business singling out black teenagers to be hassled, or for forcing them down and arresting them on a disorderly conduct beef simply for refusing to obey arbitrary bellowed commands that they leave a private residence where they have been invited to hang out with their friends, or a neighborhood where they are hanging out on public property. And once again, it is clear that disorderly conduct charges are the sheepdogs’ favorite threat for making that the sheep stay just where they’ve been herded, regardless of whether or not anyone is actually doing anything that would threaten anyone’s rights even in the slightest.

• Cops are here to keep us safe. (Cont’d.) By sideswiping our cars while they tear down the road at 20 mph over the posted speed limit with no lights and no sirens on. Then by concealing information or flat-out lying in the accident report and to the media about how fast they were going, until they finally reveal, a couple days later, that the accident was, after all, clearly the fault of the cop’s speeding. Where have I seen that before…? I guess his victim is lucky that he wasn’t doing 100; if he had gotten himself hurt or killed in the crash he caused, she probably would have been arrested for reckless driving and smeared as a cop-killer all over the local papers.

• Fun for ages 7 to 70. Unnamed patrol officer, Knoxville, Tennessee, and Deputy Chris Beize. Austin, Texas. In Knoxville, a government cop, who had important business to do Investigating reports of some neighbor kids getting into a fight, has been accused of trying to coerce a 7 year old boy into talking more candidly by handcuffing the child and cussing him out, while the boy was crying and asking for his mother. The 7-year-old was not involved in the fighting and was never suspected of, or charged with, any crime. Officials refuse to so much as disclose this dedicated public servant’s name, but they promise that the matter is being Internally Investigated.

  Meanwhile, in Texas, Deputy Chris Beize tasered Kathryn Winkfein, a 72-year-old great-grandmother, twice during a routine traffic stop, after she refused to sign a ticket and he decided to escalate the situation by ordering her out of her car, instead of just mailing the damn thing to her home address. Beize claims that she swore at him (which is not a crime) and that she pushed him into oncoming traffic (no she didn’t; the dashcam video clearly shows that he lunged over and grabbed her and shoved her back several feet, when she tried to de-escalate the situation by sidestepping him to get back to her truck). Then he blasted her with a 50,000-volt electric shock from the taser, and then tasered her again while she was lying on the ground. Then he arrested her for resisting arrest. His superior officers in the paramilitary chain of command have defended Beize’s hollering belligerence, physical assault, and torture by repeated electrical shocks, against an unarmed, 4′11″, 72-year-old great-grandmother who never threatened any physical harm and was guilty of nothing more than a moving violation and contempt of cop, as an appropriate reaction to a dangerous situation. By the by, when Beize is not busy shocking the hell out of elderly women, he is a taser instructor for the local police.

• Officer Morris Taylor. Springfield, Missouri. Officer Morris Taylor, a cop formerly on the Springfield, Missouri city government’s police force, is facing misdemeanor assault charges for beating John Sedersten, a prisoner under his authority, after Sedersten had been restrained and booked in the Greene County Jail. The story’s in the news because Sedersten, the victim of the beating, recently decided not to testify against Taylor in the criminal case, on advice from his attorneys, because of the danger that his testimony will open him up to lines of questioning that the government can use against him in his pending criminal cases. Sedersten is pursuing a separate civil lawsuit against Officer Morris Taylor for the beating; apparently he’s just not particularly interested in working closely with the same government office that is trying to lock him up in other cases, particularly not for so minor a vindication as a misdemeanor assault conviction. Even without his testimony, apparently portions of the assault are recorded on video.

  Besides having spent 11 years in local government police forces, Officer Morris Taylor also has experience in dealing with prisoners from working as a government soldier in the U.S. government’s war and occupation in Iraq.

• Deputy Marcus Smith. San Joaquin County, California. San Joaquin County Sheriff’s deputies stopped a car on a routine traffic stop near Manteca; Charles Inderbitzen was riding in the car. Inderbitzen was ex-con out on parole, and believed that he had a warrant out on him, so he got nervous around the cops. He tried to leave the scene without the cops’ permission; even though the police had no reason whatever, at this point, to suspect that he had committed any crime, or even (since he was not the one driving the car) of even the most minor civil infraction. But government cops in America aren’t actually interested in dealing with crimes; they are interested in targeting suspects, and are more than willing to summarily declare you a suspect sort of guy based solely on your failure to follow their arbitrary bellowed commands, or your decision to try to leave the scene when they are present. So a gang of police chased Inderbitzen down, cornered him in a back yard, drew their guns on him, and ordered him to get on his knees and put his hands on his head. After Inderbitzen complied with their orders, with several cops pointing guns at him and while physically at their mercy, Deputy Marcus Smith hopped the fence, kicked Charles Inderbitzen in the gut, punched him in the back of the head, kicked him two more times in the stomach, and then punched him about 5 or 10 more times until Inderbitzen was beaten unconscious. I guess he’s lucky they didn’t taser him to death instead.

• Oops. Our bad. Deputy Matthew Paul. Seattle, Washington. Christopher Harris was trying to get away from a group of King’s County police (or rather, a gang of beefy, heavily armed strangers, dressed all in black, who didn’t bother to identify themselves before they started hollering and chasing after him late at night). Turns out he didn’t actually do anything wrong (they were chasing him because a witness fingered him as having been involved in a bar fight; the witness was wrong). But rather than risking the possibility that someone possibly might get away from the cops (even when he had no way of knowing they were cops, who had every right to leave the scene, who posed no physical threat to anybody, and who, at the very worst, was suspected of some minor-league drunken fighting), Deputy Matthew Paul, who outweighed his victim by about 100 pounds, decided to put an end to things by waiting until Christopher Harris slowed down to a walk, and then body-tackling him so hard that he knocked him eight feet into a wall, slamming Harris’s head into the concrete so hard it put him into a coma. The story’s in the news because Deputy Matthew Paul’s coworkers in the King County government’s prosecutor’s office have announced that, as far as they’re concerned, Deputy Matthew Paul did not violate Christopher Harris’s rights and the only personal consequence that Deputy Matthew Paul will face, for putting his falsely accused, completely unarmed and physically harmless victim on life-support, is having been given a paid vacation from his job for a while during the investigation. According to the county government, It’s a tragic incident. Well, oops. I guess he’s lucky they didn’t just shoot him in the back instead.

• Non-Lethal Force (Cont’d.) Unnamed officer, Officer Debra Lynn Indovina-Akerly and Officer Charles Watson. Swissvale, Pennsylvania. Last summer, a 37 year old unarmed black man named Andre DeMon Thomas was extrajudicially electrocuted by a gang of three Swissvale cops, who tortured him with three 50,000-volt electric shocks, handcuffed him, and, after he was handcuffed, kicked him, punched him, and crushed him until he vomited, passed out, and died. They were electrocuting him, incidentally, For His Own Good, after he begged neighbors to call the cops to help him out. He was unarmed; he wasn’t acting aggressively; none of the neighbors felt threatened by him; he was never at any point charged with any crime at all by anyone; he seemed disoriented and terrified, and he wanted the cops there to keep him safe. But in cop-think, being terrified and disoriented means acting erratic, and acting erratic in the judgment of a cop, even if you pose no threat to anyone and even if you have not been so much as accused of committing a crime and even if you are yourself seeking help, is reason enough for you to get Served and Protected good and hard until you are physically subdued. Or dead, whichever comes first. [And]((http://radgeek.com/gt/2009/06/22/the-police-beat-3/) yet again, it became necessary to kill Dre Thomas in order to save him. The case is in the news again because the family has filed a lawsuit and the coroner’s autopsy report, which revealed deep and widespread bruising all over Thomas’s body, contradicts the Medical Examiner’s initial report absolving the cops and claiming that Thomas died from a mythical made-up condition called agitated delirium.

• Gang cops (Cont’d.). Gang Strike Force, Minneapolis and St. Paul, Minnesota. Seven victims of racist shakedowns by a multi-agency paramilitary Gang Strike Force in the Twin Cities have filed suit against the members of the Strike Force, the city governments that put it together, and the boss cops who commanded it. The Strike Force was permanently shut down earlier this month after repeated complaints about the cops on it making improper seizures, which is to say armed robberies under color of law, of money and property from innocent people with no connection to gang activity, but who happened to be immigrants (hence easy targets). If only we had some warning, had some way of knowing, that an elite gang police unit with an unlimited mandate, overwhelming force, and extremely broad legal powers to roust people and take their property with minimal legal accountability, might end up just acting like the baddest gangsters on the block. But who could possibly have foreseen that? It’s not like anything like this has ever happened before.

• Detective Keith Alfaro. San Antonio, Texas. A couple years ago Detective Keith Alfaro of the San Antonio police department got himself involved in what the media at the time dignified as a poolside scuffle with a teenager. By which they meant that he punched an 18 year old girl in the face, then, after he knocked her down, got on top of her, put her in a chokehold, and, according to an unrelated witness, pummeled her black and blue while she was on the ground. After Alfaro ran away from the Sheriff’s Deputies who responded to a call, Vaughn had to be taken to the hospital; she still couldn’t open her jaw for weeks after the attack. The reason he did this was that she told him to put out a cigar he was smoking; the community pool had a no-smoking rule. Tamara Vaughn claims she asked him politely; Alfaro claims she copped an attitude, got up in his face, dared to say some vulgar words in his hearing, and tried to swipe the cigar out of his mouth. Apparently, even if we grant his story to be true, Detective Keith Alfaro believes that that’s good enough reason for a grown-ass man to throw the first punch, then beat the living hell out of an 18 year old girl while she’s lying on the ground, and that doing so was totally defensive … It was her own actions that forced me to take those measures. Perhaps that’s also what forced him to answer her request that he not smoke a cigar at a non-smoking pool by telling her to take that East Side attitude back over there; maybe that’s also what forced him to call her a nigger and a half-breed while he was beating the hell out of her, or to tell Vaughn, who is a lesbian, that You wanna look like a man, I’m gonna treat you like a man.. Detective Keith Alfaro testified that his problem was not with her race but with her attitude (you know, the East Side kind), and that She though she was talking to a child, … She thought she was talking to someone she could bully — not an adult family man. Apparently Detective Keith Alfaro believes that an adult family man deals with tense social situations by punching 18 year old girls in the face and dislocating their jaws. In any case, this adult family man bragged in an online profile for an Ultimate Fighting website about his countless street KO’s.

  The story is in the news again because Keith Alfaro finally ended up going to trial this year on a misdemeanor assault rap, along with some resisting and evading arrest for having run away from the Bexar County Sheriff’s deputies. And just today, after the judge refused to allow Bexar County prosecutors to tell the jury about the online bragging about street fights, or about the numerous existing complaints against Alfaro in his internal affairs file (complaints which, of course, never endangered his position with the San Antonio Police Department, until he got into a fight on another police agency’s turf), the jury voted to acquit Alfaro on the assault beef. They convicted him on the misdemeanor evading and resisting arrest charges, because apparently busting up an 18 year old girl’s jaw is OK, but they’ll be damned if they’ll let anyone get away from the po-po.

• Rapists on patrol. Officer Feliciano Sanchez, Los Angeles, California. (Possible trigger warning.)

  Officer Feliciano Sanchez, formerly hired muscle for Los Angeles County’s Bell Police Department, recently plead guilty to using his police powers to abduct a woman he had detained on a traffic stop, drive her to an isolated location, and then flashed his gun and coerced sex from her before he would let her free. Bell Police Department Captain Anthony Miranda says he is shocked to hear that a male cop might use his government-granted legal powers and his arsenal of deadly weapons to intimidate and violently coerce sex from women who come under his power. He says that he’s in disbelief because he’s never heard of such a thing before. Well, I’m not. I have.

• 18 shots for running a stop-sign. Officer James Arnold. Fort Wayne, Indiana. The city government in Fort Wayne, Indiana just spent $335,000 of other people’s money in order to cover Office James Arnold’s ass after he shot an unarmed immigrant named José Baudilio Lemus-Rodriguez 18 times, after Lemus-Rodriguez refused to pull over for a routine traffic stop for running a stop sign.

  Fort Wayne Police Officer James Arnold, by the way, was just four months on the force when he lit up Lemus-Rodriguez’s car; before that, he had years of combat experience as a United States government Marine fighting for the U.S. government’s occupation and counter-insurgency operations in both Iraq and Afghanistan.

  Allen County Prosecutor Karen Richards refused to file any criminal charges; the city hired on a PR flack to declare Arnold’s actions objectively reasonable. The city’s main concern in settling the family’s lawsuit, besides using taxpayer money to cover Officer James Arnold from any personal legal liability for his lethal actions, is apparently as a bribe to ensure that the objective video record of the objectively reasonable shooting remains permanently concealed from the public.

(Via Atomic Nerds 2009-02-08, flip flopping joy 2009-03-03, and NPR.)

See if you can figure out what all of these cases have in common.

In Idaho, an eight-year-old girl who has been labeled with Asperger’s Syndrome was taken out of a class Christmas party at her government-run school, because she was wearing a hoodie with cow ears and a tail, which she refused to take off on the arbitrary orders of her teacher. For this minor dress code violation, she was stuck in a separate room and intervened with by a pair of teachers. While she was under their power, she peacefully tried to walk out of the room through an open door, so the adult teachers physically grabbed her and forced her down into four point restraint; when she screamed and tried to get out of the painful hold they had put her in, the teachers then called in the county government’s police, who came in, grabbed this 54-pound girl, handcuffed her, marched her out to a police car, and took her to a juvie prison, for battering the teachers who were physically restraining her when all she wanted was to be left the hell alone. This sustained assault by several different adults, some of them heavily armed, on an upset child, which has left her with bruises, is dignified as a scuffle by the newspapers:

The mother of an 8-year-old autistic girl who was arrested after a scuffle with her teachers said it was horrifying to watch her daughter be led away in handcuffs from her northern Idaho elementary school.

Police in Bonner County, Idaho, charged the girl, Evelyn Towry, with battery after the arrest Friday at Kootenai Elementary School.

Even though prosecutors dismissed the case Tuesday, the family is considering legal action against the school. They say their daughter was physically restrained to the point of causing bruises and is now tormented by memories of the incident.

… Towry said Evelyn, who loves Spongebob Squarepants, told her she was put in a separate classroom away from the party, but when she tried to leave, the teachers told her to stay put. Evelyn did not listen, Towry said, and the adults physically restrained her.

She reacted in a violent way to the physical restraint, Towry said.

Towry said her daughter demonstrated for her how she was held down by her arms and legs. And Towry videotaped the thumb-sized bruises she says were left on Evelyn’s legs from the incident.

She said I was very scared, Towry said. She told me she was being hurt.

Dick Cvitanich, superintendent of the Lake Pend Oreille School District, which includes the school where Evelyn was a student, said the school called police because there was escalating behavior that resulted in what we perceived to be an assault on staff.

No doubt; but who, in this situation, was doing the escalating?

… Teachers and the principal wished to pursue charges because they felt there were ongoing problems and this was the only way to resolve it, Lakewold said.

But Towry said her daughter thinks she got into so much trouble simply because she didn’t want to take off her cow costume.

When asked what she likes best about school, Evelyn responded quickly and emphatically.

Nothing, she said. I don’t like school.

—Sarah Netter, ABC News (2009-01-04): Parents Consider Legal Action After Autistic Girl, 8, Arrested at School

Meanwhile, in Occupied Seattle, a 15 year old black girl was taken to a government jail by the county government’s cops after she and a friend went on a joyride in her friend’s mother’s car. While under their power, according to the cops, she got quote-unquote real lippy over how they were treating her, and went so far as to call them some unkind names. Then, when she was being locked in a cell, the cops ordered her to take off her shoes; she kicked off one of the shoes towards the heaily armed cop who was about to lock her securely in a room she couldn’t escape from. Instead, he decided to take this escalating behavior as assaulting a police officer, which is of course a perfect opportunity for intervention — in this case, rushing the 15 year old girl, kicking her in the gut, slamming her against the wall of her cell, pulling her back by her hair, slamming her to the ground, pinning her down, and smashing her repeatedly with his fist while she was physically restrained by himself and his gang brother.

Meanwhile, in Texas, at the Corpus Christi State School [sic] — it is actually a government-run institution where about 360 people, ranging in age from 18 to 77 years old, are legally committed, temporarily or permanently, with or without their consent, for being labeled as mentally retarded, especially if they severe behavioral and/or emotional problems — about a dozen workers are under investigation after cell phone videos surfaced in which they rousted up some of the young men under their power, late at night, surrounded them, shoved them, kicked them, and goaded them into fighting each other for the entertainment of the trained, professional staff.

At a state institution for people with mental retardation in Texas, six staff members have been charged with taking part in staging what have been called human cockfights, using residents with mental retardation. […]

The fights became known only because one of the workers lost his cell phone. It was found and turned over to an off-duty police officer. The phone had videos of more than a year of staged late-night fights, some as recent as this past January.

—Joseph Shapiro, NPR Morning Edition (2009-03-18): Abuse At Texas Institutions Is Beyond ‘Fight Club’

The criminal charges stem from allegations this week that Corpus Christi state school employees forced disabled residents into orchestrated, late-night fights over the course of more than a year. They were caught after they captured at least 20 of the episodes on a cellphone camera, one turned over to police.

Five of the suspects – Timothy Dixon, 30; Jesse Salazar, 25; Guadalupe Delarosa, 21; Vince Johnson, 21; and Dangelo Riley, 22 – are charged with injury to a disabled person, a third-degree felony. Their bail has been set at $30,000. A sixth suspect, 21-year-old Stephanie Garza, is charged with a state jail felony for allegedly failing to intervene in the fight clubs. Her bail is set at $15,000.

Arrest warrants obtained by The Dallas Morning News allege five of the employees encouraged, filmed or narrated the fights – which were documented in dozens of still images and 20 videos taken over six months in 2008. Riley is allegedly seen kicking a resident during a fight, while Dixon, who appears from the warrants to be the phone’s owner, is accused of doing much of the filming and narration. Four of the videos show residents sustaining injuries.

—Emily Ramshaw, The Dallas Morning News (2009-03-13): State school worker linked to fight club scandal arrested; 5 others sought

Texas authorities are outraged. But they would like us to know that this is an Isolated Incident:

He said he hasn’t heard of fight club scenarios at any other state schools.

I haven’t heard any other allegations yet, he said. So far, these circumstances, these staffers, appear to have been the exception.

—Emily Ramshaw, The Dallas Morning News (2009-03-12): Texas officials make surprise visits to state schools after Corpus Christi fight videos surface

Right — an exception. Just like the literally hundreds of other exceptions that we were discussing here less than a year ago, which The Dallas Morning News, among others, have documented at Texas state mental institutions in the last 4 years — the use of physical threats, headlocks, chokeholds, tackling, dragging, beating, raping, to please the whims of Mental Health staffers or to dominate and control the patients unwillingly forced to endure their care. Meanwhile, at Corpus Christi alone in 2008 alone, there were nearly 1,000 allegations of abuse, neglect or mistreatment in 2008; 60 reports were confirmed by the administrators. 60 confirmed reports is bad enough, but what’s worse is how many of those unconfirmed reports must surely be the result of the usual institutional cover-ups and white-washes. How much do you think you could get away with if all your coworkers could be counted on to get your back, and if reports of abuse by your victims could be waved off as literally the product of insanity or feeble-mindedness?

Several of the stories about this horrible case have gone straight for the agonized hand-wringing:

The accusations have raised questions about how workers trained and hired to care for some of the most vulnerable people in society could instead treat them with cruelty.

—Joseph Shapiro, NPR Morning Edition (2009-03-18): Abuse At Texas Institutions Is Beyond ‘Fight Club’

AUSTIN – Cellphone videos of Corpus Christi State School employees forcing mentally disabled residents into late-night prize fights have left Texas families and advocates for people with disabilities in search of answers – not just about security but about human nature.

How can one human being treat another in such a wicked way? Experts disagree on the roots of such abuse. It might be a byproduct of the stressful situations people are in. It could also be innate sadism.

—Emily Ramshaw, The Dallas Morning News (2009-03-14): Forced fights at Corpus Christi State School raise disturbing questions

We are also told that maybe it’s a lack of education; maybe there’s something about the impersonal nature of large institutions; maybe it’s all peer pressure. But really, once the hand-wringing about human nature and peer pressure and all the rest is gotten out of the way, one explanation is always put forward, by those who have access to the media, as a matter of unquestionable consensus: obviously, Experts tell us, it’s the lack of training, the poor pay, and the lax supervision of the personnel who are put in the position of de facto prison guards for hundreds of institutionalized people. This is used as an entre into asserting the alleged need for more tax money, more prison guards, more Expert training — and insisting that these state institutions don’t have enough privileges and money from the state government; that they need even more money to hire and pay the very people who have turned their institutions into dangerous hellholes. E.g.:

But they [Experts] concur that the formula at Texas’ 13 institutions for the disabled – young, inexperienced and underpaid workers in charge of the state’s most vulnerable residents – lays the groundwork for disaster.

Left alone, human beings will engage in the most surprising kinds of misconduct and adjust their mentality to fit, said David Crump, a University of Houston Law Center professor who specializes in the psychology of evil behavior. We should expect this unless we take concrete and meaningful steps to prevent it.

Of course, if you’ve read this far, you’ll have no trouble believing that people are capable of all kinds of cruelty. But if you’ve read this far, you’ll also know that this kind of non-explanation is the worst sort of hogwash. People don’t, as a rule, pin and handcuff random little girls on the street; they don’t beat the living hell out of customers at their workplace who cop an attitude; they don’t run into college dorms late at night to intimidate and goad groggy students into fights for the purpose of bloodsport. Nobody but a lunatic does this sort of thing to people who can choose to interact with them or not to interact with them, or in social contexts where they are dealing with equals who have a right to make their own decisions about what’s for their own good and who can expect to be taken seriously if they complain about ill-treatment.

These horrors do happen, and people do them, over and over again, and they are perfectly predictable — but they are perfectly predictable only in a very specific social and political context. The NPR story acts surprised that in government institutions like jails and schools and mental wards — institutions that people are forced into, against their will, when they have been marginalized by their age or their psychiatric labels or by the socio-legal processes of criminalization — the people who, as the legally-designated enforcers of the government institution’s prerogatives, enjoy unaccountable power to restrain and order around the most vulnerable people in society, might abuse that power with this kind of cruelty. But in fact this is only surprising if you forget the fact that the people under their care have been made vulnerable, legally vulnerable, precisely in order to make the institution go on running with or without their consent, and if you forget everything you ever knew about how people act when they enjoy unaccountable power over victims who cannot leave, even if they pose absolutely no physical threat to anybody, and who will not be taken seriously if they should protest. This only looks like a surprise if, in short, you go on imagining that this sort of violence is an abuse of the systems of government institutionalization, rather than part and parcel of what these institutions represent. These things happen over and over again, not at random but specifically in nonconsensual government institutions, in the dedicated facilities of social marginalization and segregation under the auspices of State power. They happen not because of peer pressure or intrinsic sadism but because of power pressure and institutionalized sadism — and we hear about them, in every state of the Union and on every day of the week, one more Outrage after another, but without the dots connected, indeed with the dots carefully left un-connected, because of the enduring, and grotesque, faith that with just enough nonconsensual funding, with just enough careful training and professional dedication, you can somehow make a nonconsensual government institution run the right way, and you can somehow maintain the conditions of a prison camp without the violence that prison guards always exercise. In fact, these institutions are already running the right way, in a manner of speaking — this is Situation Normal. And there is only one thing that will ever change it — abolishing the conditions that nurture and sustain it.

The reality is that what is needed is not more money, or more guards, or better training, or even a culture change. A culture change would be a step forward, but the real solution that is needed is something that goes far deeper: a solution that strikes at the root from which that culture and these conditions grow. What is really needed is a power change, so that psychiatric wards are no longer artificially packed by court order, so that patients can leave and seek help through other means if conditions become unbearable, and so that supposed patients are no longer treated against their will and held down at the mercy of their helper-captors. If you make a hospital into a prison camp, then it should be no surprise when the hospital caregivers start acting like prison camp guards. The only thing to do — the only thing you can do that will not just recreate the same problem in a superficially different form — is to respect the will of patients, to treat violence against them as a real crime worthy of punishment, to repeal the laws that privilege and protect their captors, and to break open the doors and tear off the straitjackets that hold them back from living their lives as human beings, rather than as objects of pity and coercion.

—GT 2008-05-05: Texas psychoprisons

See also:

• GT 2008-05-05: Texas psychoprisons
• GT 2008-02-21: Mississippi Corrections
• GT 2008-01-06: Shiva on abuse and misdiagnosis
• GT 2007-10-02: Public schooling