bureaucracybusters

SUICIDE BY COP: PART TWO (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary on July 29, 2015 at 12:17 am

There are some useful lessons to be learned from the arrest of Sandra Bland.

Lessons about how a police officer should behave toward the public.  And lessons about how the public can protect themselves from police abuse.

On July 10, Texas State Trooper Brian Encinia stopped black motorist Sandra Bland for failing to signal a lane change.

The confrontation quickly escalated to unwarranted aggression and threats by Encinia and foul-mouthed, combative behavior by Bland.

Brian Encinia: I’m going to yank you out of here.

Sandra Bland: OK, you’re going to yank me out of my car? OK, alright.

Encinia (calling in backup):  2547.

Bland: Let’s do this.

Encinia: Yeah, we’re going to.  (Grabs for Bland.)

Bland: Don’t touch me!

[Although Encinia is clearly angry, Bland’s refusal to exit her car was technically “resisting arrest.”  This was a charge to be fought–in court–by her attorney, not–on the street–by Bland.]

Encinia: Get out of the car!

Bland: Don’t touch me. Don’t touch me! I’m not under arrest–you don’t have the right to take me out of the car.

Encinia: You are under arrest!

[Once the officer says, “You are under arrest,” legally, that’s it. The arrest can be challenged later–in court.  And it may be found unwarranted–in court. But it’s useless and even dangerous to dispute a cop’s right to make an arrest on the street.]

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Brian Encinia

Bland: I’m under arrest? For what? For what? For what?

Encinia (to dispatch): 2547 county fm 1098 (inaudible) send me another unit. (To Bland) Get out of the car! Get out of the car now!

Bland: Why am I being apprehended? You’re trying to give me a ticket for failure….

Encinia: I said get out of the car!

Bland: Why am I being apprehended? You just opened my–

Encinia: I‘m giving you a lawful order. I’m going to drag you out of here.

Bland: So you’re threatening to drag me out of my own car?

Encinia: Get out of the car!

Bland: And then you’re going to [crosstalk] me?

Encinia: I will light you up! Get out! Now!   (Draws stun gun and points it at Bland.)

Bland: Wow. Wow.  (Bland exits car.)

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Brian Encinia aiming a Taser at Sandra Bland

Encinia: Get out. Now. Get out of the car!

Bland: For a failure to signal? You’re doing all of this for a failure to signal?

Encinia: Get over there.

Bland:  Right, yeah, let’s take this to court, let’s do this.

Encinia:  Go ahead.

Bland: For a failure to signal? Yup, for a failure to signal!

Encinia: Get off the phone!

Bland: (crosstalk)

Encinia: Get off the phone! Put your phone down!

Bland: I’m not on the phone. I have a right to record. This is my property. Sir?

Encinia: Put your phone down right now. Put your phone down!

(Bland slams phone down on her trunk.)

Bland: For a fucking failure to signal. My goodness. Y’all are interesting. Very interesting.

[Profanity is never helpful in a situation like this–and usually leads to further escalation.  And when the case comes to trial, it’s likely to convince a jury: “She got what she deserved.”]

Encinia: Come over here. Come over here now.

Bland: You feelin’ good about yourself?

Encinia: Stand right here. Stand right there.

Bland: You feelin’ good about yourself? For a failure to signal? You feel real good about yourself don’t you? You feel good about yourself don’t you?

[Bland would have been well-advised to remain silent–and refrain from personal attacks on a man who’s clearly shown himself over the edge.]

Encinia: Turn around. Turn around. Turn around now. Put your hands behind your back.

Bland: Why am I being arrested?

Encinia: Turn around.

Bland: Why can’t you–

Encinia: I’m giving you a lawful order. I will tell you–

Bland: Why am I being arrested?

Encinia: Turn around!

[Obviously, if Bland were complying with the order to “turn around,” Encinia would not be repeating it.]

Bland: Why won’t you tell me that part?

Encinia: I’m giving you a lawful order. Turn around.

Bland: Why will you not tell me what’s going on?

Encinia: You are not complying.

Bland: I’m not complying ’cause you just pulled me out of my car.

[Bland admits that she’s “not complying.” Had she lived, this could have been used against her in court.]

Encinia: Turn around.

Bland: Are you fucking kidding me? This is some bull…

Encinia: Put your hands behind your back.

Bland: ‘Cause you know this straight bullshit. And you’re full of shit. Full of straight shit. That’s all y’all are is some straight scared cops. South Carolina got y’all bitch asses scared. That’s all it is. Fucking scared of a female.

[Bland is directly challenging the masculinity of a man who clearly feels he has something to prove.  Big mistake.]

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