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Posts Tagged ‘POLICE BRUTALITY’

WHEN COPS ARE LAWBREAKERS: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 17, 2015 at 12:43 am

Leave out his name for a moment.  Then consider the following:

His biography includes at least 18 arrests:

  • July 16, 2007: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance (2 counts)
  • August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
  • August 28, 2007: Possession of marijuana
  • August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
  • February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
  • March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
  • March 28, 2008: Unlawful possession of a controlled dangerous substance
  • July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
  • April 13, 2012: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance, violation of probation
  • September 28, 2013: Distribution of narcotics, unlawful possession of a controlled dangerous substance, second-degree assault, second-degree escape
  • January 25, 2014: Possession of marijuana
  • August 31, 2014: Illegal gambling, trespassing
  • December 14, 2014: Possession of a controlled dangerous substance
  • December 31, 2014: Possession of narcotics with intent to distribute
  • January 14, 2015: Possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute
  • January 20, 2015: Fourth-degree burglary, trespassing
  • March 13, 2015: Malicious destruction of property, second-degree assault
  • March 20, 2015: Possession of a Controlled Dangerous Substance

His criminal record was one of drug charges and minor crimes.  He was involved in 20 criminal court cases–five were still active at the time of his death.

In February 2009, he was sentenced to four years in prison for two counts of drug possession with intent to deliver and was paroled in 2011–after serving only two.

In 2012, he was arrested for violating parole but was not sent back to prison.

In 2013, he returned to prison for a month before being released again.

He was due in court on a drug possession charge on April 24.

Who was he?

He was Freddie Gray, the 25-year-old black man who spent seven days in a coma after he suffered injuries while in the custody of Baltimore police.

Click here: Freddie Gray Arrest Record, Criminal History & Rap Sheet

Freddie Gray

His last arrest came on April 12.

While being transported in a police van to the police station, Gray fell into a coma and was taken to a trauma center.  He died on April 19, owing to a broken neck.

On April 21, the six Baltimore police officers involved in his arrest were temporarily suspended with pay while an investigation occurred.

According to the police account of Gray’s arrest:

On April 12, at 8:39 A.M. Lieutenant Brian W. Rice, Officer Edward Nero, and Officer Garrett E. Miller were patrolling on bicycles and “made eye contact” with Gray.

According to Miller, Gray, “unprovoked upon noticing police presence,” fled on foot.

After a brief foot chase, he was caught and arrested “without the use of force or incident,” according to  Miller.

Miller further wrote that:

  • He “noticed a knife clipped to the inside of his [Gray’s] front right pocket”; and
  • Gray “did unlawfully carry, possess, and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. The knife was recovered by this officer and found to be a spring assisted one hand operated knife.”

A witness to Gray’s arrest have since stated that the police were “folding” Gray.  That is: One officer was bending Gray’s legs backwards, while another was pressing a knee into Gray’s neck.

A second witness claimed to have seen Gray being beaten with police batons.

On April 24, Baltimore Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.”

He also admitted that his officers had failed to buckle Gray in the van–standard police procedure–before he was transported to the police station.

News reports have raised the possibility that Gray was treated to a “rough ride”–where a handcuffed prisoner is placed without a seatbelt in a vehicle deliberately driven over rough roads at high speed as an unofficial punishment.

Inside a typical police van

And Gray had clearly had enough run-ins with the law to be known to police as a habitual criminal.

In fact, medical examiners reported Gray sustained more injuries by slamming around inside the van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van.”

But even worse findings were to come for the officers involved.

On May 2, the Baltimore Sun broke the story that, of the six policemen involved with Gray’s arrest, Brian Rice—the highest ranking officer—had seven guns confiscated by sheriff’s deputies in April, 2012.

He had also been temporarily removed from duty–over concerns about his mental health.

Click here: Lieutenant Brian Rice charged in Freddie Gray death had weapons seized in 2012 – Baltimore Sun

But that was merely embarrassing.  What happened on May 1 was life-changing.

PUBLIC ENEMY #1: CITIZENS WITH CAMERAS

In Bureaucracy, History, Law Enforcement, Social commentary on October 29, 2015 at 12:04 am

Want to report a crime to the FBI?  First you’ll have to prove you deserve to even see an FBI agent.

Step 1: Visit a Federal building where the FBI has a field office.  To enter, you must show a driver’s license or State ID card.

If your name is on the FBI’s “Ten Most Wanted” list, you won’t show it at all (let alone visit any FBI office).

And if you aren’t a notorious criminal or terrorist, handing over a driver’s license or State ID card with the name “John Smith” isn’t going to tell the security guard anything relevant about you.

It’s simply an invasion of your privacy in the name of security theater.

Step 2: You must remove

  • Your belt;
  • Your shoes;
  • Your watch;
  • Your wallet;
  • All other objects from your pants pockets;
  • Any jacket you’re wearing;
  • Any cell phone you’re carrying.

All of these must be placed in one or more large plastic containers, which are run through an x-ray scanner.

Step 3: Assuming you avoid setting off any alarm system, you’re allowed to enter.

Step 4: Take an elevator to the floor where the Bureau has its office and walk into a large room filled with several comfortable chairs that sit close to the floor.

Step 5: Approach a window such as you find in a bank–made of thick, presumably bulletproof glass.

A secretary on the opposite side greets you, and asks why you’ve come.

Step 6: State your reason for wanting to speak with an agent. If the secretary thinks it’s legitimate, she requires you to show her your driver’s license or State ID card.

Step 7: Slide this through a slot in the glass window.  Then she makes a xerox of this and hands the card back.

Step 8: Then you must fill out a single-page card, which requires you to provide your:

  • Name;
  • Address;
  • Phone number;
  • Social Security Number;
  • The reason you want to speak to an agent.

Of course, you can refuse to fill out the card. But then the secretary will refuse to let you meet with an agent.

So the FBI has no qualms about requiring others to give up their privacy.  But its director, James B. Comey, believes the public actions of police should be hidden from citizens’ scrutiny.

Addressing a forum at the University of Chicago Law School on October 23, Comey offered a series of possible reasons for the recent surge in crime rates in America.

Click here: FBI — Law Enforcement and the Communities We Serve: Bending the Lines Toward Safety and Justice 

“Maybe it’s the return of violent offenders after serving jail terms.  Maybe it’s cheap heroin or synthetic drugs.  Maybe after we busted up the large gangs, smaller groups are now fighting for turf.

“Maybe it’s a change in the justice system’s approach to bail or charging or sentencing. Maybe something has changed with respect to the availability of guns….”

Then Comey offered what he thought was the real villain behind the rise in crime: Cellphones aimed at police.

Comey-FBI-Portrait.jpg

FBI Director James B. Comey

“In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?

“I spoke to officers privately in one big city precinct who described being surrounded by young people with mobile phone cameras held high, taunting them the moment they get out of their cars. They told me, ‘We feel like we’re under siege and we don’t feel much like getting out of our cars.’

“I’ve been told about a senior police leader who urged his force to remember that their political leadership has no tolerance for a viral video.

“So the suggestion, the question that has been asked of me, is whether these kinds of things are changing police behavior all over the country.

“And the answer is, I don’t know. I don’t know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior.”

The FBI has

  • Lobbied Congress for an electronic “key” that would allow it to enter a cyber “back door” to eavesdrop on even those emails protected by encryption systems;
  • Monitored electronic bugs and wiretapped phones–as well as social media sites like Facebook and Twitter;
  • Treated law-abiding citizens like criminal suspects before they can even seek help from an agent; and
  • Repeatedly preached to Americans that if they have nothing to hide, they should have nothing to fear from police surveillance.

But according to the FBI, citizens who aim cameras at cops in public places present a clear and present danger. This holds true even if they don’t interfere with the ability of police to make arrests.

They make heavily armed police feel so threatened that many officers are refusing to carry out their sworn duties.

COPS VS. CAMERAS

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 28, 2015 at 1:27 am

For decades, Americans have been told by police at local and Federal levels: If you have nothing to hide, you shouldn’t worry about giving up your privacy.

The FBI, for example, has lobbied Congress for an electronic “key” that would allow it to enter a cyber “back door” to eavesdrop on even those emails protected by encryption systems.

Of course, the FBI has long found ways to circumvent the efforts of criminals to remain anonymous.

Decades ago, Mafiosi learned to assume their phones were being wiretapped and their rooms bugged with hidden microphones by agents of the FBI or the Drug Enforcement Administration (DEA).

And law-abiding Americans have grown used to being under camera surveillance every time they enter a bank, a State or Federal agency, a drugstore or supermarket.  Or even walking down a street.

Related image

So it must seem ironic–if not downright hypocritical–to such people when police complain that their privacy is being invaded.

And this “invasion” isn’t happening with taps placed on cops’ phones or bugs planted in their police stations or private homes.

No, this “invasion” is happening openly in public–with video cameras and cellphones equipped with cameras.

And it’s happening in direct response to a series of controversial incidents involving the use of deadly force by police.

The most famous of these was the shooting, in August, 2014, of strong-arm grocery store robber Mike Brown in Ferguson, Missouri.  Ironically, this was not captured on video.

But a number of other incidents were. Among them:

  • The shooting of Walter Scott, a black motorist, on April 4, 2015.  Scott was stopped for a non-working third tail light.  When North Charleston Police Officer Michael Slager returned to his patrol car, Scott exited his car and fled.  Slager gave chase, firing first a Taser and then his pistol.  He hit Scott five times–all from behind.  Slager later claimed he had “felt threatened.” Unluckily for him, the shooting was caught on a citizen’s cellphone camera. On June 6, a grand jury indicted Slager on a charge or murder.
  • On April 9, 2015, San Bernaradino sheriff’s deputies, after an exhaustive chase, kicked Francis Pusok twice–including a kick to the groin–as he lay facedown on the ground with his hands behind his back.  About five minutes after Pusok was handcuffed, hobbled and rolled onto his side, another deputy also kicked him. Three deputies have been charged with felony assault.  The footage of this came from an NBC News helicopter.
  • In February, 2015, Orlando police officer William Escobar was fired after cell phone footage emerged of him punching and kicking a handcuffed man.

Addressing a forum at the University of Chicago Law School on October 23, FBI Director James B. Comey spoke of rising crime rates in America.  And he offered a series of possible reasons for it.

Click here: FBI — Law Enforcement and the Communities We Serve: Bending the Lines Toward Safety and Justice 

“Maybe it’s the return of violent offenders after serving jail terms.  Maybe it’s cheap heroin or synthetic drugs.  Maybe after we busted up the large gangs, smaller groups are now fighting for turf.

“Maybe it’s a change in the justice system’s approach to bail or charging or sentencing. Maybe something has changed with respect to the availability of guns….”

Then Comey offered what he thought was the real villain behind the rise in crime: Cellphones aimed at police.

Comey-FBI-Portrait.jpg

FBI Director James B. Comey

“But I’ve also heard another explanation, in conversations all over the country. Nobody says it on the record, nobody says it in public, but police and elected officials are quietly saying it to themselves. And they’re saying it to me, and I’m going to say it to you….

“In today’s YouTube world, are officers reluctant to get out of their cars and do the work that controls violent crime? Are officers answering 911 calls but avoiding the informal contact that keeps bad guys from standing around, especially with guns?

“I spoke to officers privately in one big city precinct who described being surrounded by young people with mobile phone cameras held high, taunting them the moment they get out of their cars. They told me, ‘We feel like we’re under siege and we don’t feel much like getting out of our cars.’

“I’ve been told about a senior police leader who urged his force to remember that their political leadership has no tolerance for a viral video.

“So the suggestion, the question that has been asked of me, is whether these kinds of things are changing police behavior all over the country.

“And the answer is, I don’t know. I don’t know whether this explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind blowing through American law enforcement over the last year. And that wind is surely changing behavior.”

Apparently, it’s OK for police to aim cameras–openly or concealed–at citizens, whether law-abiding or law-breaking. But if citizens aim cameras at cops–even without interfering with their making arrests–police feel threatened, to the point of refusing to carry out their duties.

SUIICIDE BY COP: PART FOUR (END)

In Bureaucracy, History, Law Enforcement, Social commentary on July 31, 2015 at 12:10 am

By now, a second–and female–officer has arrived on the scene of the arrest of motorist Sandra Bland.

Bland: Make you feel real good for a female. Y’all strong, y’all real strong.

Encinia: I want you to wait right here.

Bland: I can’t go anywhere with your fucking knee in my back, duh!

Encinia: (to bystander): You need to leave! You need to leave!

(Bland continues screaming, but much of it is inaudible)

Encinia: For a warning you’re going to jail.

Bland: Whatever, whatever.

Encinia: You’re going to jail for resisting arrest. Stand up.

Bland: If I could, I can’t.

Encinia: OK, roll over.

Bland: I can’t even fucking feel my arms.

Encinia: Tuck your knee in, tuck your knee in.

Bland: (Crying): Goddamn. I can’t [muffled].

Encinia: Listen, listen. You’re going to sit up on your butt.

Bland: You just slammed my head into the ground and you do not even care …

[Bland has already told both officers that (1) she is an epileptic, and (2) Encinia slammed her head into the ground.  Now she is again putting them on notice that she could have sustained a traumatic brain injury.  But neither officer shows any concern.]

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Sandra Bland’s jail booking photo

Encinia: Sit up on your butt.

Female officer: Listen to how he is telling you to get up.

Bland: I can’t even hear.

Female officer: Yes you can.

[After having her head slammed into the ground, Bland says she cannot hear.  Both officers should consider that the injury to her head may be serious–and take her to an emergency room for evaluation.]

Encinia: Sit up on your butt.

Bland: He slammed my fucking head into the ground.

Encinia: Sit up on your butt.

Bland: What the hell.

Encinia: Now stand up.

Bland: All of this for a traffic signal. I swear to God. All of this for a traffic signal. (To bystander.) Thank you for recording! Thank you! For a traffic signal — slam me into the ground and everything! Everything! I hope y’all feel good.

Encinia: This officer saw everything.

Female officer: I saw everything.

[Since the female officer was not present when Encinia initially encountered Bland–as the video proves–she could not have “seen everything.”  Her claiming to have done so could be seen as evidence that she intends to lie on Encinia’s behalf.]

Bland:  And (mufled) no you didn’t.  You didn’t see everything leading up to it.

Female Officer: I’m not talking to you.

Bland:  You don’t have to.

[This is the last exchange between Bland and the officers as recorded on the dashcam video of Brian Encinia’s police cruiser.]

* * * * *

Born in 1987, Sandra Bland grew up in Illinois, and lived with her family in suburban Chicago.

She graduated Willowbrook High School in Villa Park, Illinois, where she ran track and played volleyball.  She was also a varsity cheerleader and part of the marching band.

She then attended Prairie View A&M University outside Hempstead, Waller County, Texas. She graduated in 2009 with a degree in agriculture.

Bland returned to Illinois in 2009.

In January 2015, she began posting videos on Facebook about police brutality against blacks.

In early July she traveled to Waller County, Texas, to begin a job at her alma mater, Prairie View A&M.

In one of her last conversations with her mother, Geneva Reed-Veal, Bland said:

“Momma, now I know what my purpose is. My purpose is to go back to Texas. My purpose is to stop all social injustice in the South.”

On July 13–three days after her arrest on July 10–Bland was found dead in her cell in Waller County Jail in Hempstead, Texas.

Sandra Bland memorial

Police claimed that she had hanged herself, citing a video she posted in Facebook in March, where Bland stated she was depressed.

Cannon Lambert, an attorney for the Bland family, said that at the time of Bland’s death, her relatives were raising money for Bland’s $5,000 bail.  And Bland knew it.

“We don’t understand this,” said Lambert. “It doesn’t make sense.”

The Texas Rangers and the FBI are still investigating Bland’s death.

The Harris County medical examiner conducted an autopsy and ruled her death a suicide, claiming that it found no evidence of a violent struggle.

One possibility: Bland came to Texas to “stop all social injustice in the South.” She may have grown fatally depressed at her inability to “save herself” from jail over a simple traffic violation.

Another possibility: Texas authorities may have indulged in a long-cherished Texas tradition, best explained by a 19th-century Texas Ranger named Samuel Reid.

Reid served as a Ranger scout during the Mexican War (1846-1848).  Recalling his experiences south of the border, he wrote:

Our orders were most strict not to molest any unarmed Mexican.

“And if some of the most notorious of these villians were found shot, or hung up in the chaparral…the [United States] government was charitably bound to suppose that, during a fit of remorse and desperation, tortured by conscience for the many evil deeds they had committed, they had recklessly laid violent hands upon their own lives!  Quien sabe?”  

Meanwhile, Brian Encinia has been placed on administrative duties after the state Department of Public Safety found “violations of procedures regarding traffic stops and the department’s courtesy policy.”

SUICIDE BY COP: PART THREE (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary on July 30, 2015 at 1:02 am

The confrontation between black motorist Sandra Bland and Texas State Trooper Brian Encinia continued to worsen.

Encinia: If you would’ve just listened.

Bland: I was trying to sign the fucking ticket — whatever.

Encinia: Stop moving!

Bland: Are you fucking serious?

Encinia: Stop moving!

Bland: Oh I can’t wait ’til we go to court. Ooh I can’t wait. I cannot wait ’til we go to court. I can’t wait. Oh I can’t wait! You want me to sit down now?

Encinia: No.

Bland: Or are you going to throw me to the floor? That would make you feel better about yourself?

[Bland continues to attack Encinia’s masculinity–almost as if she’s daring him to rough her up.  If he wasn’t thinking of throwing her to the floor, she just gave him the idea.]

Sandra Bland voicemail from jail

Encinia: Knock it off!

Bland: Nah that would make you feel better about yourself. That would make you feel real good wouldn’t it? Pussy ass. Fucking pussy. For a failure to signal you’re doing all of this. In little ass Praire View, Texas. My God they must have …

[Niccolo Machiavelli, in his masterwork, The Discourses, offers this cautionary advice: “I hold it to be a proof of great prudence for men to abstain from threats and insulting words toward any one, for neither the one or the other in any way diminishes the strength of the enemy.

[“(Contempt) make(s) him more cautious, and (insults) increase his hatred of you, and make him more persevering in his efforts to injure you.”

[That’s clearly what happened here.]

Encinia: You were getting a warning, until now you’re going to jail.

Bland: I’m getting a — for what? For what?

Encinia: You can come read.

Bland: I’m getting a warning for what? For what!?

Encinia: Stay right here.

Bland: Well you just pointed me over there! Get your mind right.

Encinia: I said stay over here. Stay over here.

Bland: Ooh I swear on my life, y’all are some pussies. A pussy-ass cop, for a fucking signal you’re gonna take me to jail.

[Again, Bland is essentially daring Encinia–who has total control of her–to physically abuse her.  For her own sake, the smart thing to do would be to shut up.]

Encinia (to dispatch, or an officer arriving on scene): I got her in control she’s in some handcuffs.

Bland: For a fucking ticket. What a pussy. What a pussy. You’re about to break my fucking wrist!

Encinia: Stop moving.

Bland: I’m standing still! You keep moving me, goddammit.

Encinia: Stay right here. Stand right there.

Bland: Don’t touch me. Fucking pussy  — for a traffic ticket (inaudible).

(door slams)

[Again: More profanity–and yet another challenge to Encinia’s masculinity.]

Related image

Sandra Bland was an activist in the Black Lives Matter movement

Encinia: Come read right over here. This right here says ‘a warning.’ You started creating the problems.

Bland: You asked me what was wrong!

Encinia: Do you have anything on your person that’s illegal?

Bland: Do I feel like I have anything on me? This a fucking maxi dress.

Encinia: I’m going to remove your glasses.

Bland: This a maxi dress. (Inaudible) Fucking assholes.

Encinia: Come over here.

Bland: You about to break my wrist. Can you stop? You’re about to fucking break my wrist! Stop!!!

Encinia: Stop now! Stop it! If you would stop resisting.

Female officer: Stop resisting ma’am.

[Even if Bland is not resisting, the testimony of a second officer who says she is could have been used against her in court.]

Bland: (cries) For a fucking traffic ticket, you are such a pussy. You are such a pussy.

[Is Bland referring to Encinia or the female officer?  In either case, such language will do her no good–on the street or in court.]

Female officer: No, you are. You should not be fighting.

Encinia: Get on the ground!

Bland: For a traffic signal!

Encinia: You are yanking around, when you pull away from me, you’re resisting arrest.

Bland: Don’t it make you feel real good don’t it? A female for a traffic ticket. Don’t it make you feel good Officer Encinia? You’re a real man now. You just slammed me, knocked my head into the ground. I got epilepsy, you motherfucker.

[By stating she is epileptic, Bland has notified both officers that she could be in danger of a potentially lethal seizure at any moment.  The smart move for the police would have been to rush her to a hospital for an emergency checkup.  But they don’t even talk about doing this.]  

Encinia: Good. Good.

Bland: Good? Good?

Female officer: You should have thought about it before you started resisting.

[The female officer has just confimed–perhaps unintentionally–that her partner slammed Bland’s head into the ground.  She has also demonstrated her own indifference to Bland’s having received a potentially life-threatening injury.]

Bland: Make you feel real good for a female. Y’all strong, y’all real strong.

Encinia: I want you to wait right here.

Bland: I can’t go anywhere with your fucking knee in my back, duh!

Encinia: (to bystander): You need to leave! You need to leave!

[Although the bystander is not interfering in any way with the arrest, Encinia clearly does not want a non-cop witness to his treatment of Bland.] 

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.]

SUICIDE BY COP: PART ONE (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary, Uncategorized on July 28, 2015 at 12:51 am

Niccolo Machiavelli offered some advice that might have saved the life of Sandra Bland.

In 1513, Niccolo Machiavelli, the Florentine statesman who has been called the father of modern political science, published his best-known work: The Prince.

Related image

Niccolo Machiavelli

Among the lessons he offered to those seeking to gain power was this:

A prince…must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves.

One must therefore be a fox to avoid traps, and a lion to frighten wolves. Those who wish to be only lions do not realize this. 

When confronted by an armed and–in this case, egocentric–law enforcement officer, it’s always best to imitate the fox.

Black motorist Sandra Bland didn’t understand this truth.  Or, if she did, she flagrantly ignored it–to her own destruction.

Sandra Bland

Sandra Bland

Bland, born in the Chicago suburb of Naperville, Illinois, had just arrived in Texas to take a job at Prairie View A&M University, outside Hempstead, Waller County.

In January, 2015, she began posting videos on Facebook, denouncing racism and police brutality.  In one she wrote: “In the news that we’ve seen as of late, you could stand there, surrender to the cops, and still be killed.”

On July 10, Bland was pulled over for a minor traffic violation by Texas State Trooper Brian Encinia.

FULL VIDEO OF SANDRA BLAND TRAFFIC STOP – YouTube

Their exchange was recorded on the dashcam video of Encinia’s police car, and has been transcribed by the Huffington Post’s Matt Ramos and Dhyana Taylor.

My own commentary on what happened is given in blue italics.

Brian Encinia: Hello ma’am. We’re the Texas Highway Patrol and the reason for your stop is because you failed to signal the lane change. Do you have your driver’s license and registration with you? What’s wrong? How long have you been in Texas?

Sandra Bland: Got here just today.

Encinia: OK. Do you have a driver’s license? (Pause) OK, where you headed to now? Give me a few minutes.

(Bland inaudible)

(Encinia returns to his car for several minutes, then approaches Bland again.)

Encinia: OK, ma’am.  You OK?

Bland: I’m waiting on you. This is your job. I’m waiting on you. When’re you going to let me go?

[A better–that is, safer–answer would have been: “I’m fine.”  And then to say nothing until the officer responds.]

Encinia: I don’t know, you seem very really irritated.

Bland: I am. I really am. I feel like it’s crap what I’m getting a ticket for. I was getting out of your way. You were speeding up, tailing me, so I move over and you stop me. So yeah, I am a little irritated, but that doesn’t stop you from giving me a ticket, so [inaudible] ticket.

[Bland may have been correct.  But accusing the officer of improperly stopping her was a mistake from the get-go. No cop is going to admit he made a mistake in stopping someone–especially a cop as clearly aggressive as Encinia quickly proved to be.]

Encinia: Are you done?

Bland: You asked me what was wrong, now I told you.

Encinia: OK.

Bland: So now I’m done, yeah.

Encinia: You mind putting out your cigarette, please? If you don’t mind?

Bland: I’m in my car, why do I have to put out my cigarette?

[The smart thing would have been to put out the cigarette. Even though the trooper said “please,” this was clearly an order.]

Encinia: Well you can step on out now.

[This was clearly the point where Encinia decided to take action–to give her a warning, a ticket, or make an arrest  For most of the encounter, he doesn’t say which.]

Bland: I don’t have to step out of my car.

Encinia: Step out of the car.

Bland: Why am I–?

Encinia: Step out of the car!

[It’s standard procedure for officers to order drivers to exit their cars before they write tickets or citations. The reason: The danger that the motorist might drive off–or even use the car as a weapon.]

Bland: No, you don’t have the right. No, you don’t have the right.

[Telling a policeman he doesn’t have the right to make an arrest is like telling a judge he doesn’t have the right to make a ruling.  Both are certain to land you in trouble.]

Encinia: Step out of the car.

Bland: You do not have the right. You do not have the right to do this.

Encinia: I do have the right, now step out or I will remove you.

[Even if the officer’s forthcoming actions are later ruled improper by a judge, he has the legal right at that time to enforce compliance with his orders.]

Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?

Encinia: Step out or I will remove you. I’m giving you a lawful order.  Get out of the car now or I’m going to remove you.

Bland: And I’m calling my lawyer.

[Bland would have done better to simply get out of the car, submit to arrest, and then call her lawyer when she reached the police station.]

WHEN COPS ARE LAWBREAKERS: PART TWO (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 7, 2015 at 12:01 am

Freddie Gray’s tally of arrests came to at least 18.

But on April 12, he was arrested for what would be the final time.

That arrest would lead to Gray’s death and scandal for the Baltimore Police Department.

On May 2, the Baltimore Sun broke the story that, of the six policemen involved with Gray’s arrest, Brian Rice—the highest ranking officer—had seven guns confiscated by sheriff’s deputies in April, 2012.

He was also temporarily removed from duty–over concerns about his mental health.

Click here: Lieutenant Brian Rice charged in Freddie Gray death had weapons seized in 2012 – Baltimore Sun

But that was merely embarrassing.  What happened on May 1 was life-changing.

Marilyn Mosby, Baltimore’s chief deputy prosecutor at the State’s Attorney office, publicly released the findings of her agency in the Gray case:

  • “The knife was not a switchblade and is lawful under Maryland law.” [Police had claimed it wasa switchblade.]
  • ” Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest as no crime had been committed by Mr. Gray. Accordingly Lt. Rice Officer MIller and Office Nero illegally arrested Mr. Gray.”
  • ” Lt. Rice Officer Miller and Officer Nero loaded Mr. Gray into the wagon and at no point was he secured by a seatbelt while in the wagon contrary to a BPD [Baltimore Police Department] general order.”
  • “…Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon.”
  • “Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did [Officer Goodson] seek nor did he render any medical assistance for Mr. Gray.”
  • “Mr. Gray…requested help and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic at which time Mr. Gray indicated at least twice that he was in need of a medic.”

Marilyn Mosby

  • “…Despite Mr. Gray’s appeal for a medic, both officers [William Porter, Caesar Goodson] assessed Mr. Gray’s condition and at no point did either of them….render or request medical assistance.”
  • “Sgt. [Alicia] White….spoke to the back of Mr. Gray’s head. When he did not respond, she did nothing further despite the fact that she was advised that he needed a medic. She made no effort to look or assess or determine his condition.”
  • “Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.”
  • “By the time Officer Zachary Novak and Sgt. White attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all.”
  • “A medic was finally called to the scene where upon arrival, the medic determined Mr. Gray was now in cardiac arrest and was critically and severely injured.”
  • “Mr. Gray was rushed to the University of Maryland Shock Trauma where he underwent surgery. On April 19, 2015, Mr. Gray succumbed to his injuries and was pronounced dead.”
  • “The manner of death deemed homicide by the Maryland Medical Examiner is believed to be the result of a fatal injury that occurred while Mr. Gray was unrestrained by a seatbelt in custody of the Baltimore Police Department wagon.

After presenting her findings, Mosby then outlined the criminal charges her office was bringing against the officers involved:

  • Officer Caesar Goodson Jr., 45: Second-degree depraved murder, manslaughter, second-degree assault, two counts of vehicular manslaughter charges and misconduct in office.
  • Officer William Porter, 25:Involuntary manslaughter, second-degree assault and misconduct in office.
  • Brian Rice, 41:Involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Edward Nero, 29: Two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
  • Officer Garrett Miller, 26: Two counts of second-degree assault, two counts of misconduct in office and one false imprisonment charge.
  • Alicia White, 30:Involuntary manslaughter, second-degree assault and misconduct in office.

* * * * *

This case has polarized Baltimore–and America.

On the Left–and especially among blacks–are those who believe Gray was an innocent victim of police oppression.

“Even if he was guilty of dealing and using narcotics,” they say, “the anti-drug laws are a stupid waste of police resources.”

On the Right are those who steadfastly defend all police actions, including the most brutal and lawless.

“Even if the cops were guilty of brutality and/or negligence,” they say, “so what?  A career criminal won’t ply his trade anymore.”

Both sides are wrong.

Until the anti-drug laws are repealed, they are legal and will continue to be enforced.  Freddie Gray knew this better than most.

But police who employ illegal methods to enforce the law risk losing not only the cases they want to bring but their own careers as well.

And those officers who cause death or injury by unjustified brutality and/or negligence must be held accountable.

That has long been considered the difference between the FBI and the KGB. 

There is a difference between supporting the legal actions of police—and living in a police state.

WHEN COPS ARE LAWBREAKERS: PART ONE (OF TWO)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 6, 2015 at 12:01 am

Leave out his name for a moment.  Then consider the following:

His biography includes at least 18 arrests:

  • July 16, 2007: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance (2 counts)
  • August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
  • August 28, 2007: Possession of marijuana
  • August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
  • February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
  • March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
  • March 28, 2008: Unlawful possession of a controlled dangerous substance
  • July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
  • April 13, 2012: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance, violation of probation
  • September 28, 2013: Distribution of narcotics, unlawful possession of a controlled dangerous substance, second-degree assault, second-degree escape
  • January 25, 2014: Possession of marijuana
  • August 31, 2014: Illegal gambling, trespassing
  • December 14, 2014: Possession of a controlled dangerous substance
  • December 31, 2014: Possession of narcotics with intent to distribute
  • January 14, 2015: Possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute
  • January 20, 2015: Fourth-degree burglary, trespassing
  • March 13, 2015: Malicious destruction of property, second-degree assault
  • March 20, 2015: Possession of a Controlled Dangerous Substance

His criminal record was one of drug charges and minor crimes.  He was involved in 20 criminal court cases–five were still active at the time of his death.

In February 2009, he was sentenced to four years in prison for two counts of drug possession with intent to deliver and was paroled in 2011–after serving only two.

In 2012, he was arrested for violating parole but was not sent back to prison.

In 2013, he returned to prison for a month before being released again.

He was due in court on a drug possession charge on April 24.

Who was he?

He was Freddie Gray, the 25-year-old black man who spent seven days in a coma after he suffered injuries while in the custody of Baltimore police.

Click here: Freddie Gray Arrest Record, Criminal History & Rap Sheet

Freddie Gray

His last arrest came on April 12.

While being transported in a police van to the police station, Gray fell into a coma and was taken to a trauma center.  He died on April 19, owing to a broken neck.

On April 21, the six Baltimore police officers involved in his arrest were temporarily suspended with pay while an investigation occurred.

According to the police account of Gray’s arrest:

On April 12, at 8:39 A.M. Lieutenant Brian W. Rice, Officer Edward Nero, and Officer Garrett E. Miller were patrolling on bicycles and “made eye contact” with Gray.

According to Miller, Gray, “unprovoked upon noticing police presence,” fled on foot.   

After a brief foot chase, he was caught and arrested “without the use of force or incident,” according to  Miller.

Miller further wrote that:

  • He “noticed a knife clipped to the inside of his [Gray’s] front right pocket”; and
  • Gray “did unlawfully carry, possess, and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. The knife was recovered by this officer and found to be a spring assisted one hand operated knife.”

A witness to Gray’s arrest have since stated that the police were “folding” Gray.  That is: One officer was bending Gray’s legs backwards, while another was pressing a knee into Gray’s neck.

A second witness claimed to have seen Gray being beaten with police batons.

On April 24, Baltimore Police Commissioner Anthony Batts said, “We know our police employees failed to get him medical attention in a timely manner multiple times.” 

He also admitted that his officers had failed to buckle Gray in the van–standard police procedure–before he was transported to the police station.

News reports have raised the possibility that Gray was treated to a “rough ride”–where a handcuffed prisoner is placed without a seatbelt in a vehicle deliberately driven over rough roads at high speed as an unofficial punishment.

Inside a typical police van

And Gray had clearly had enough run-ins with the law to be known to police as a habitual criminal.

In fact, medical examiners reported Gray sustained more injuries by slamming around inside the van, “apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van.”

But even worse findings were to come for the officers involved.

CREATING FELONS WITH A WORD

In Bureaucracy, Law, Law Enforcement, Politics, Social commentary on March 25, 2015 at 2:54 am

New York State prisons are about to get a lot fuller.

New York State Senator Tony Avella is sponsoring a bill to create a felony charge– “aggravated resisting arrest”–for people who have been convicted of resisting arrest twice in a 10-year period.

Under current law, resisting arrest is a misdemeanor, carrying a maximum penalty of one year in prison.

If the charge became a felony, those convicted could be sentenced from four years of probation to life in prison.

The bill has its origins in a letter the Lieutenants Benevolent Association–a police union–sent to New York Police Department (NYPD) Commissioner Bill Bratton in January requesting a change in the current law.

State Senator Avella’s proposed legislation reads as follows:

“A person is guilty of aggravated resisting arrest when he or she commits the crime of resisting arrest pursuant to Section 205.30 and has previously been convicted of such crimetwo prior times within a ten-year period.

“Aggravated resisting arrest is a class E felony.”

Click here: Bills

And Bratton, in testimony before the New York State Senate in February, supported harsher penalties for those who resist arrest.

“We need to get around this idea that you can resist arrest,” Bratton said to reporters after his appearance. “One of the ways to do that is to give penalties for that.”

This legislation–if enacted–will have both local and national implications.

Police pepper-spraying non-violent protesters

Local–because the NYPD is the largest police department in the country.  Its website states that it now has “approximately 34,500” uniformed officers.

(To put that number into historical perspective: When Alexander the Great set out in 334 B.C. to conquer the Persian empire, his army numbered 30,000.)

National–because the NYPD is one of the most respected police departments in the country.  And other police departments will almost certainly follow suit in urging their state legislatures to pass similar legislation.

So what’s wrong with that?

“Resisting arrest” is one of those terms that can mean whatever a police officer wants it to mean.

If a prosecutor accuses someone of bank robbery, he must present valid evidence–such as witnesses, camera footage and (probably) portions of stolen money in the arrested person’s possession.

But if a cop says someone “resisted arrest,” the “evidence” often consists of only his claim.

“Resisting arrest” can mean anything–including that the person merely asked, “Why am I being arrested?”

WNYC–New York’s highly respected public radio station–reported in 2014 that 40% of resisting arrest cases are brought by five percent of police officers.

If an officer routinely claims that people are resisting arrest, this might signal his being overly aggressive toward civilians.

He might even use the criminal charge to cover up his use of excessive force.

This is especially relevant in light of a series of recent cases–some caught on camera–of police savagely beating arrestees, or using forbidden chokeholds on them.

Consider how such increased penalties could have affected the life of Tyeesha Mobley.

Mobley, 29, caught her nine-year-old son stealing $10 from her purse. She called the called the NYPD.

Can you please send over an officer to explain to my kids that stealing is wrong? she asked.

The police department obliged, sending over four officers to meet Mobley and her two boys at a nearby gas station.

https://www.google.com/imgres?imgurl=http://www.bet.com/content/dam/betcom/images/2015/03/National/031915-national-Tyeesha-Mobley.jpg.custom1200x675x20.dimg&imgrefurl=http://www.bet.com/news/national/photos/bring-that-week-back/2015/03/bring-that-week-back-parents-says-daughter-not-allowed-at-black-friend-s-sleepover.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Betcom-LatestPhotos+(BET.com+-+Latest+Photos)#!031915-national-Tyeesha-Mobley&docid=JHk4KstsAEHWfM&tbnid=O-hToga7ZXEKgM:&w=1200&h=675&ei=undefined&ved=undefined&iact=c

Tyeesha Mobley

The meeting started off well. “Three officers was joking around with [the nine-year-old who had stolen the $10], telling him, ‘You can’t be stealing; you’ll wind up going in the police car,’” Mobley testified at a court hearing in October, 2014.

But the fourth officer apparently resented the assignment. According to a lawsuit subsequently filed by Mobley, the following happened:

“You black bitches don’t know how to take care of your kids,” said the fourth officer.  “Why are you wasting our time?  Why don’t you take your fucking kid and leave?”

Mobley decided that was a good time to do just that

But before she could do so, the cop told her she was under arrest.

“What for?” she asked. “If you’re going to say another fucking word,” the lawsuit alleges the cop warned her, “I’m going to knock your teeth down your throat.”

He then shoved her up against a car, kicked her legs, and handcuffed her.

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Mobley spent a night in jail.  Her two boys were taken away and placed in foster care for four months–with a family that spoke no English.

Finally, a judge threw out the case against her.

Mobley has since filed a lawsuit against New York City, the NYPD and the Administration for Children’s Services.

It doesn’t take a genius to see how Mobley’s life could have been turned into an even greater hell under the proposed change in “resisting arrest” laws.