tasers archives

Law and Orders #7: Portland cops Erin Smith and Ron Hoesly find it “would be necessary” to pull Phil Sano down off his bike, beat him up, and taser him repeatedly, for biking without a headlight

(Story thanks to a private correspondent.)

Government cops are here to protect you by shouting orders at passing strangers on bicycles, For Their Own Good, and then, if the biker should fail to immediately obey arbitrary commands to stop, bellowed by complete strangers on the street at 9:30 pm, who don’t make any effort to identify or explain themselves, and who are dressed all in black so that you can hardly even see who the hell is hollering at you, they’ll make sure you’re biking safely by tackling you, slamming you against a nearby wall, wrestling you to the ground, and then, when you say No and ask to know what you did wrong, declaring that you’re combative and torturing you with repeated high-voltage electric shocks, before they finally, in a remarkable act of circular practical reasoning, arrest you for resisting arrest.

But first, let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, weren’t invited, and have no business being. They deliberately escalate confrontations in order to stay in control through superior belligerence. They commonly use force to end an argument and then blame it on their victim. They rewrite events using pliable terms like aggressive, combative, and belligerent to conflate unkind words, purely verbal confrontations, or weak attempts to escape a grip or ward off blow with actual threats or violence against the cops, to excuse the use of extreme violence as retaliation for mouthing off or not just laying down and taking it like an upstanding citizen. They invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal.

Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and have memorized a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force.

The practical consequence of their training and the institutional culture of impunity within which they operate are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously dismiss their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using an arrest or torturous physical pain to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

One increasingly popular means for out-of-control cops to force you to follow their bellowed orders is by using high-voltage electric shocks in order to inflict pain. Tasers were originally introduced for police use as an alternative to using lethal force; the hope was that, in many situations where cops might otherwise feel forced to go for their guns, they might be able to use the taser instead, to immobilize a person who posed a threat to the life and limb of the cops or of innocent third parties, without killing anybody in the process. But in practice, police culture being what it is, any notion of limiting tasers to those situations very quickly went out the window. Cops armed with tasers now freely use them to end arguments by intimidation or actual violence, to coerce people who pose no real threat to anyone into complying with their instructions, and to hurt uppity civilians who dare to give them lip. Among civilized people, deliberately inflicting severe pain in order to extort compliance from your victim is called torture; among cops it is called pain compliance and is considered business as usual. So shock-happy Peace Officers can now go around using their tasers as high-voltage human prods in just about any situation, with more or less complete impunity.

Thus, in the latest news from Occupied Cascadia, here’s how Portland cops Erin Smith and Ron Hoesly made sure that Phil Sano, who was suspected of the terrible crime of biking without a headlight, would get home safely:

The incident occurred around 9:30pm on SE 7th Street, just north of SE Morrison Ave. Phil Sano says he was riding along and felt cold, so he went to zip up his jacket. Then, in an email he sent me just hours after the incident, he wrote,

Across the street a man in all black shouted at me and started walking my way. I stopped pedaling, but didn’t stop because my hands were not on my brakes. He then sprinted, lunged and tackled me. I then scuffled to separate him and stood apart from him in a defensive position.

Then, Sano says, he was tasered several times.

I felt a sharp sting in my back and heard a repetitive clicking. I turned around to see that I was being tasered!

At that point, Sano maintains he still did not know what was going on and he repeatedly asked the officers to explain what he had done wrong. At that point, Sano says two officers were holding him down and he could still feel the taser charge flowing into his back.

I was still freaked out and yelled again, why are you shooting me?

Sano says the cops yelled for him to get down, but that he still had no idea who was accosting him. He wrote, It was pretty dark and they were wearing all black without any sort of shiny badge…. They looked kinda’ like cops, but generally cops do not tackle bikers unless it is Critical Mass.

According to Sano, he was tasered point blank in the chest and the lower back and that he began to spasm out of control as the surge of electricity involuntarily constricted his muscles.

…the cop took two steps after him, grabbed him by the shirt, yanked him off the bike, ran hum up the sidewalk and slammed him against the wall and then right away started tasing him.

—Diana Spartis (she witnessed the entire incident)

After pleading repeatedly for them to stop, Sano says they continued and that, without question, I could tell they enjoyed seeing me become so helpless, so weak. It was humiliating.

Once the tasering stopped, Sano said he laid in a small puddle of his own urine, breathing irregularly and seething with rage.

I can still feel their knee on my neck as I write this, but even then I knew they were in the wrong… really, really fucking wrong. He added, There was no cause for such violence; I was not harming anyone and I made sure that everyone within earshot knew it.

Sano says that all the while, a barb from the taser remained lodged in his chest. Luckily, he remembers, a passing ambulance heard him screaming, stopped on the scene, and removed the electrode from his chest. Sano says that the EMT, was very concerned that his speeding heart rate would not slow down.

Once everything calmed down, Sano says the cops told him that he was stopped because he didn’t have a front light.

Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

According to Jonathan Maus at BikePortland.org (2008-06-11), the Gangsters in Blue arrested Sano and laid five charges on him, one of which was a civil citation for not having the headlight, and all the rest of which were charges for crimes that consisted in nothing other than failing to let himself be arrested for something that he couldn’t have been rightfully arrested for to begin with. They later decided that they’d rather not discuss the detention-beating-torture-arrest in open court.

Hoesly and Smith initially charged Sano with Resisting Arrest, Attempted Escape III, and Disorderly Conduct. He was also cited for not having a front light (ORS 815.280) and Failure to Obey a Police Officer (ORS 811.535).

(UPDATED) At his arraignment at the Justice Center in downtown Portland a few hours ago, Sano says the clerk told him he had been given a no-charge. According to a source who is a lawyer that means (for whatever reason) the case is not going forward, but the charges can brought back to life at a later date. My source says this could be an indication that either the police or the DA’s office didn’t think they could prove, or didn’t want to try to prove, the charges.

Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Here is what spokespig Brian Schmautz, Public Information Officer for the Portland Police Bureau, had to say by way of after-the-fact justification for this vicious gang beat-down:

The officer, then reached out to stop Sano [sic!] and they began to struggle. Sano refused to comply with any of the officers orders and continued to resist until additional officers arrived. The officers attempted to Taser Sano, but it was ineffective because of Sano’s clothing.

Sano was eventually arrested and taken to jail. Sano apparently admitted he had been drinking, but was not given field sobriety tests because the officers were not arresting him for DUI. FYI, the officers checked Sano’s history and learned that the Police Bureau had given Sano a warning for a bike light and a free bike light in the past.

Public Information Officer Brian Schmautz, quoted in Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Since not one clause in them is even remotely pertinent to the cops’ charges against Sano or to anything that happened, or anything the cops would have known, the night of the beating, I have no idea what the last two statements have to do with anything, except for a clumsy attempt to smear the victim as a drunk, an ingrate and a scofflaw.

Meanwhile, here is how Sergeant Erin Smith justified the gang beating / torture to Sano, at the time:

Sano admits he didn’t have his front light on his bike, because someone had stolen the cradle it attaches to. He says the cops found his light in his fannypack a few minutes later.

According to Sano’s recollection of the incident, he heard Officer Smith say, You should have stopped when I told you to. Then none of this would be necessary.

Jonathan Maus, BikePortland.org (2008-06-11): Man on a bike is tackled, then tasered by Portland Police

Please note that Portland police Sergeant Erin Smith believes that it’s necessary to have a gang of cops beat the hell out of you and torture you on the side of the road if that’s what it takes to make you immediately follow their shouted orders about bike safety. Your ideas about what’s necessary may be different from hers. If you’d like to let Police Chief Rosanne Sizer know about your difference of opinion, you can contact her by e-mail at chiefsizer@portlandpolice.org, or by phone at 503-823-0000, or by fax at 503-823-0342.

If you are in the Portland area, Phil Sano’s attorney, Stu Sugarman, is looking for contact information for people who witnessed the beating. It went down Tuesday night, around 9:30 pm, in Southeast Portland near SE 7th and Morrison. If you saw it yourself, or know anyone who did, you can contact Stu Sugarman by e-mail at quixote516@yahoo.com, by phone at 503-228-6655, or at 838 SW 1st Ave., Ste. 500, Portland, OR 97204.

Remember that you cannot count on the cops to do a damn thing about this unless and until they are forced to by you and your friends and neighbors. The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors.

Support your local CopWatch.

See also:

Cops are here to protect you. (#6)

Cops are here to protect you by stopping an upset man from cutting himself with a knife by shouting at him in a language he doesn’t speak, then, after he fails to obey commands he couldn’t understand, by tasering him, firing pepperballs at him, and then shooting him dead — with several shots fired after he had dropped the knife.

All for his own good, of course. It became necessary to kill Odiceo Valencia in order to save him.

Cops are here to protect you by pulling you over if your car seems suspicious to them and then, if you want to know what you were pulled over for, pulling you out of the car, getting up in your face, and shouting, Ever get smart-mouthed with a cop again, I show you what a cop does, threatening to arrest you for some fucking reason I come up with, bragging that they can come up with nine other things to arrest you for, insisting, when you tell them that their conduct is being recorded, shouting I don’t really care about your cameras, ‘cause I’m about ready to tow your car, then we can tear ‘em all apart, and then proceeding to give you a ten-minute lecture on how you should properly address your public servants.

Please note that Officer James Kuhnlein’s dash cam tape from that night was inexplicably missing when Brett Darrow filed a complaint with the St. George police department. Actually, I don’t think it’s particularly difficult at all to explain what happened to the tape.

Cops are here to protect you by pulling you over for possibly speeding and then arresting you on a 10-year-old dog violation. Then, since they just can’t be bothered to wait half an hour until your sister arrives, leaving a 15 year old girl and a 7 month old infant stuck alone in a car on the side of the road at 11 o’clock at night.

GRAND JUNCTION, Colo.—A Grand Junction woman says a state trooper left her baby and her teenage niece unattended in her car for 25 minutes one night when he took her to jail after a traffic stop.

Keio Saupaia said Trooper Jeffrey Vrbas pulled her over at about 11 p.m. on April 28 when she had her 7-month-old daughter and 15-year-old niece with her.

She said Vrbas contacted her sister to come get the children, but that he didn’t wait for the sister to arrive before taking Saupaia to jail.

If that was me, I could have been charged with child abuse, she told the Grand Junction Daily Sentinel.

Colorado State Patrol Capt. Ed Clark confirmed to The Associated Press Monday that Vrbas had arrested Saupaia. Clark said he doesn’t dispute Saupaia’s account but declined to discuss specifics of the incident.

Clark said the matter had been handled internally, but he declined to say whether Clark had been disciplined or to give any other details, citing confidentiality rules covering personnel matters.

I just ask the public to trust that we would handle this appropriately, he told the AP in a telephone interview.

Denver Post (2008-05-19): Woman says trooper left her baby, teen alone in car at night

But why the fuck would anyone trust them to handle it appropriately?

Trust is earned, not bestowed, and in the case of out-of-control cops like Trooper Jeffrey Vrbas, there is no empirical evidence at all to justify putting trust in the police department administration to do a damned thing about it, beyond possibly ripping him for causing a P.R. problem. When every fucking week brings another story of a Few More Bad Apples causing Yet Another Isolated Incident, and the police department almost invariably doing everything in its power to conceal, excuse, or minimize the violence, even in defiance of the evidence of the senses and no matter how obviously irresponsible or dangerously out-of-control the cop may be, it beggars belief to keep on claiming that there is no systemic problem here, that cops ought to be given every benefit of the doubt, that the same police department that hires and trains these goons ought to be trusted to handle it internally (which means secretly), and that any blanket condemnation of American policing is a sign of hastiness and unfair prejudice. The plain fact is that what we have here is one of two things: either a professionalized system of control which tacitly permits and encourages cops to exercise this kind of rampant, repeated, intense, and unrepentant abuse against powerless people—or else a system which has clearly demonstrated that it can do nothing effectual to prevent it. In either case, it is unfit to exist.

See also:

Cops are here to protect you. (#3)

Let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely force their way into situations where they are hardly needed or wanted; they deliberately escalate confrontations in order to get control of the situation through superior belligerence; they routinely hurt people, use force first and ask questions later; and they invariably pass off even the most egregious violence against harmless or helpless people as self-defense or as the necessary means to accomplish a completely unnecessary goal. In order to to coerce compliance with their arbitrary commands, they have no trouble electrifying small children, pregnant women, 82 year old women who just want their social workers to leave them alone, alleged salad-bar thieves, 75 year old grandmothers guilty of blocking the line at a McDonald’s drive-through, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to beat a handcuffed woman bloody for demanding to use the phone, to slam a 13-year-old boy to the ground and choke him in order to arrest him for the crime of skateboarding in public, to rough up teenaged girls who don’t clean up enough spilled birthday cake or walk home too late at night, or to throw a quadriplegic man out of his wheelchair for not standing up on command. When they deal with non-police officers (the people that we call our friends and neighbors, and who the police contemptuously dismiss as civilians), they have been trained to assert full-spectrum dominance at every opportunity, and they are willing to end a tiresome argument with pain compliance techniques, which include pepper spraying lawyers who ask inconvenient questions, or using a 50,000-volt electric shock to disable an unarmed, retreating woman, or tackling a 17-year-old girl and tasering her while she lies helpless in her own bed, or shocking a man in front of his family and leaving him lying on the side of the highway (in order to make absolutely sure they could serve him with a dubious traffic ticket). It hardly matters if you cannot obey their commands because you are sound asleep in your own home. It hardly matters if you can’t move due to a medical condition, or can’t hear their bellowed orders because you’re deaf. It hardly even matters if you die. What cops can always count on is that, no matter how aggressively they escalate the confrontation in the name of control, no matter how quickly they resort to violence, and no matter how obviously innocent or helpless their victims are, they can always count on their bosses and their colleagues to repeat absolutely any lie and make absolutely any excuse in order to find that Official Procedures were followed. As long as Official Procedures were followed, of course, any form of brutality or violence is therefore passed off as OK by the boss cops, and the judgment will be dutifully repeated by fellow cops, by prosecutors, by judges, by much of the news media, and by the hordes of freelance howling cop-enablers who rush into any media forum they can find to publish excuses for any and every cop accused of brutality, while they also use absolutely any means necessary to smear, humiliate and blame any and every victim who ever comes forward.

Even if a cop arrests an assault victim for interfering with the Investigation of her own assault, and then forces her into a cell where she can be strip-searched, over her screams of protest, with male guards wrenching her arms and holding her down, we are informed that these gang rapists were Just Following Orders. Cops are also elaborately trained in the use and abuse of the legal system, and know very well which judges are most likely to absolve them of any wrongdoing. The completely unsurprising result is that violent cops hardly ever face any personal costs whatsoever for their actions: if anything happens at all, the worst of it is usually that they are given a paid vacation and an administrative reprimand, or at worst they may be fired. Even if they are fired, they are hardly ever face legal consequences for their violence, and if they do, the city government can be relied on to settle and force taxpayers to cover the tab. Even if they are sued, they are hardly ever arrested for their violence. And even if they are arrested, they are hardly ever convicted. It doesn’t even matter if they as much as confess in open court. With few exceptions, the best that most victims of police violence can realistically ever hope for by way of compensation is an Oops, our bad, and a Fuck you, civilian is what they are far more likely to get. No matter how many times these same things happen, again and again, and no matter how often they are repeated within the same police department—or even at the same shift in the same office—and no matter how widely they are repeated in so many different police departments across so many different cities and counties, every time the latest outrage comes up in the newsmedia, a cop mouthpiece can be expected to say, and the establishment media can be expected to dutifully report, that nobody should rush to judgment, that they should dismiss eye-witness testimony and even the evidence of their senses in order to give the cops every possible (and some impossible) benefit of the doubt, and that even if these cops did do something wrong, well, it’s just A Few More Bad Apples committing Yet Another Isolated Incident. If anyone so much as dares to suggest that something may be systemically wrong here, beyond what can be fixed by punishing a few bad cops, or through superficial reforms and sensitivity training, then they are dismissed by comfortable political Moderates as irresponsible crazies, while cops and their sycophants can be expected to respond with the usual fragile macho flash of crying about how they get no respect, while sanctimoniously bellowing about how they risk so much serving and protecting those who never asked for, and never freely agreed to, their service or their protection.

The result, which is completely predictable and completely outrageous, is that individual cops and entire police departments in America deliberately take on the posture of occupying paramilitary forces, with the express intent of spreading fear in what they regard as hostile territory, and that, on a daily basis, many cops routinely engage in rampant, intense, unchecked violence against anyone and everyone who happens to get in their way or look at them funny, no matter how many options the cops may have and no matter how harmless or helpless their victims may be. Thus, while investigating his neighbors, they will happily break into a suspect 60-year-old man’s home, while he is recovering from surgery, trash his house without a warrant or probable cause, rip a catheter out of his body, and leave him there to suffer without medical attention, even after they apparently found absolutely nothing to indicate his guilt:

HARTFORD, Conn. — A man alleges that police entered his home illegally and ripped a catheter from his body during a child pornography investigation that led to the arrest of two neighbors.

Andrew Glover, 60, of New Britain filed a notice with the city Thursday that he intends to pursue a federal civil rights lawsuit. He accused the officers of inflicting severe injuries as he was recovering from intestinal surgery in February.

Glover’s lawyer, Paul Spinella, said police entered Glover’s apartment Jan. 30 and Feb. 28. Glover wasn’t involved in child pornography, has not been charged and has no criminal record, Spinella said.

The poor guy, Spinella said. They ripped the catheter off his person. They assaulted the guy. He’s got major problems as a result of this. He’s a mess now.

Lt. James Wardwell, a police spokesman, said Friday that the department had not received the intent-to-sue notice and would not comment. A message was left for the city’s corporation counsel.

Glover has two years to file a lawsuit in U.S. District Court.

Spinella said officers tossed Glover’s apartment during a search Jan. 30. In February, he said, Glover returned home from the hospital after his surgery to find officers searching his apartment again. That’s when they assaulted Glover and left him alone in the apartment without calling for medical help, Spinella said.

The police didn’t have search warrants, Spinella said.

Associated Press (2008-05-09): Connecticut Man Says Cops Broke Into His Home and Ripped Out His Catheter

Meanwhile, in Kamloops, British Columbia, in order to subdue a frail 82 year old man, on an oxygen tank, who had undergone heart bypass surgery, who could not hurt anyone outside the reach of a small knife, cops were willing to blast him three times in the chest with a 50,000-volt electric shock while he lay helpless in his hospital bed. Because they had work to get done that night:

An elderly man in Kamloops, B.C., was zapped three times on the torso by a police stun gun while lying on his hospital bed, CBC News has learned.

Frank Lasser, 82, appeared fragile Thursday when he showed the Taser marks on his body and talked about the ordeal he went through Saturday.

They [police] should have known I had bypass surgery, Lasser told CBC News.

Lasser has had heart surgery and needs to carry an apparatus to supply oxygen at all times. He was in the Royal Inland Hospital Saturday due to pneumonia but has since been released.

RCMP said nurses called police after Lasser became delirious and pulled a knife out of his pocket.

Lasser told CBC News that he sometimes becomes delusional when he can’t breathe properly. He said he couldn’t explain why he refused to let go of the knife even after the Mounties arrived. I was laying on the bed by then and the corporal came in, or the sergeant, I forget which it was, and said to the guys, OK, get him because we got more important work to do on the street tonight, Lasser said.

And then, bang, bang, bang, three times with the laser, and I tell you, I never want that again.

Kamloops RCMP said Thursday that officers had no other option but to deploy the conducted energy weapon when Lasser refused to drop his knife.

CBC News (2008-05-09): RCMP subdue hospitalized man, 82, with Taser

In Philadelphia, a police commissioner says that, while On the surface, it certainly does not look good, people should not rush to judgment over an aerial video which clearly shows a swarm of Philadelphia police officers dragging suspects out of a car, then repeatedly beating and kicking them while they lay handcuffed and held down on the ground. Remind me again of how the good guys who do this are morally any different from the Bloods or the Crips?

The reason that you should suspend your judgment on this vicious gang beat-down of helpless, restrained suspects by a huge crowd of the Gangsters in Blue is that The video is the video … We have no audio. You don’t know what was going on at that moment when the officers approached the vehicle. There will be an investigation and we will move on.

Well. I am sure that after The Matter Is Investigated, and nothing of any consequence happens to these dangerous, heavily armed, tightly-organized gangs of batterers, the Philadelphia Police Department and city government sure will move on, with business as usual, and not a damn thing will change. Besides which, think of how hard the poor cops have it when a fellow cop was killed on the job not long ago. Because those trained professionals who, at every opportunity, sanctimoniously inform us of all the risks that they voluntarily take on For Our Own Good, cannot possibly be expected to do their jobs without beating the shit out of helpless captives if it should ever happen that one of them is hurt or killed. This is how these dedicated public servants serve and protect the public: by hurting innocent or helpless people under their power, by taking out the stress and risks of their own chosen profession on members of the public who pose no threat to them, and then by lying, dissembling, making excuses, and crying about it if anyone should happen to take issue with this reign of terror being carried on by peace officers in the name of Public Safety. Cops are here to protect you. Cops are here to protect the hell out of you, whether you want it or not, and you had better not get in the way.

When every fucking week brings another story of a Few More Bad Apples causing Yet Another Isolated Incident, and the police department almost invariably doing everything in its power to conceal, excuse, or minimize the violence, even in defiance of the evidence of the senses and no matter how obviously harmless or helpless the victim may be, it beggars belief to keep on claiming that there is no systemic problem here, that cops ought to be given every benefit of the doubt, and that any blanket condemnation of American policing is a sign of hastiness and unfair prejudice. The plain fact is that what we have here is one of two things: either a professionalized system of control which tacitly permits and encourages cops to exercise this kind of rampant, repeated, intense, and unrepentant abuse against powerless people—or else a system which has clearly demonstrated that it can do nothing effectual to prevent it. In either case, it is unfit to exist.

(Via Scott Hagaman @ Scottish Nous 2008-05-10: Is Bad Cop Redundant Yet?, Mike Gogulski @ nostate.com 2008-05-09: Philadelphia police beating restrained suspects: video, Lindsay Beyerstein @ Majikthise 2008-05-09: Cops tase 82-year-old heart patient in bed, and Pam Spaulding 2008-05-09: Canada: 82-year old heart patient Tased in hospital bed.)

Further reading:

Cops are here to protect you.

Cops are here to protect you by looking in on an upset young man who locked himself in a room with a small kitchen knife, then drilling a hole in the wall and spraying pepper spray to force him out from the room when he wouldn’t come out voluntarily, then shooting him to death when the pepper spraying forced him out of the room, because he brought out the small kitchen knife that he had taken in with him.

All for his own good, of course. It became necessary to destroy Scott Rockwell in order to save him.

Cops are here to protect you by using handcuffing and arrest to put an end any argument. Even if you’re a firefighter who’s busy trying to rescue an auto accident victim.

Cops are here to protect you by dumping you out of your wheelchair onto the jailhouse floor, and breaking two of your ribs. Just to make sure you weren’t lying, when you told them you can’t stand up because you’re paralyzed from the shoulders down.

Cops are here to protect you using pain compliance, for example hitting you with 50,000-volt electric shocks at least three different times to make you do what they tell you to do, even when you pose no threat of violence to anyone, when you already have your hands cuffed behind your back, and when you are already surrounded or even pinned down to the ground by three armed professionals.

Cops are here to protect you by pinning a 13 year old boy to the ground and choking him for the crime of skateboarding. Then grabbing a teenaged girl in a chokehold for trying to walk away from the scene. Then wrestling down another teenaged boy who tried to protect her from getting manhandled. Then arresting the lot of them on the grounds that failing to immediately obey a cop’s arbitrary orders is a violation of city ordinances against disorderly conduct.

Cops are here to protect you by threatening a 14 year old boy with juvi for backtalk, threatening to smack your mouth for attitude, wrestling him to the ground to steal his skateboards, screaming in the boy’s face for being addressed as dude, and then turning around to threaten another teenager who happens to be filming their professional conduct.

Cops are here to protect you by trashing your college art project and threatening to beat the hell out of you for using public space in ways that confuse and enrage them.

Please note that if you or I or anyone else without a badge and a gun acted like this, the people around us would more or less universally conclude that we’re belligerent and dangerous lunatics. In fact, if you or I or anyone else without a badge and a gun acted like this, and it was caught on camera, we would soon be in jail for on a charge of assault and battery. When someone with a badge and a gun acts like this, and it’s caught on camera, with a very few exceptions, the worst that ever happens is that they might get fired. The most common response from the powers that be is either to do nothing at all, or else to give the pig a paid vacation and a verbal reprimand. Meanwhile, state legislators propose laws to withhold records of the abuse as classified information for reasons of state security. Fellow cops and freelance sado-fascist blowhards can all be counted on to make up any excuse at all, even in defiance of the clear evidence of their senses, in order to get the pig off the hook, no matter how obviously out-of-control the cop may be and no matter how obviously harmless or helpless his victim.

The mainstream newsmedia writes stories with clauses like this:

The skateboarders, who were violating a city ordinance, are claiming police brutality and some say the pictures back up their claim.

The video shows a 13-year-old being held to the ground by his throat. It also shows a girl being held in what appears to be a chokehold.

KTHV Little Rock: Video Brings Controversy To Police Department

Other cops say things like this:

Hot Springs Police Department spokesman McCrary Means says, If a subject becomes confrontational, the officer has a right to defend himself. There are certain steps: first of all a verbal command. Like I said, if that subject becomes combative, that officer needs to do all he can do to get that subject under control.

KTHV Little Rock: Video Brings Controversy To Police Department

Please note that Hot Springs Police Department spokesman McCrary Means believes that police officers have a right to grab you and beat the hell out of you in order to defend themselves against a verbal confrontation.

And freelance police-enabling blowhards write in with letters like this:

In regard to the YouTube video in which the Baltimore police officer seems to go overboard in his actions regarding a teenage skateboarder, I’d point out that teenage boys typically resent authority, often continue to do the wrong thing even after repeated instructions to stop and are, in general, a minor menace to society until they grow out of their teenage years.

When they’re doing something wrong, you can ask them to stop over and over again, and they’ll often simply ignore you until you get loud or otherwise assert your authority.

As the uncle of two teenage boys, I have no doubt that the officer reacted in a normal manner and that he should not be subject to disciplinary action.

Jerry Fletcher
Waldorf

And:

When YouTube recently showed a video of a teenage skateboarder being manhandled by a Baltimore police officer, public reaction was swift and severe.

Mayor Sheila Dixon called him a bad apple and the officer was immediately suspended.

I find this rush to judgment without a complete investigation disturbing, especially as the alleged victim had little more than his feelings hurt.

Police officers put their lives on the line every day, and the lack of public support for these men and women, especially from the mayor’s office, is an embarrassment.

Might it be possible that these kids were just punks harassing a veteran officer? And if these upstanding skater dudes were so in the right, why didn’t they file a complaint against the officer?

Let’s hear the whole story before destroying the career of a dedicated public servant.

E. Mitchell Arion
Goldsboro

If E. Mitchell Arion hasn’t watched the video that he speaks so confidently about, then why keep talking about it when he doesn’t know what he’s talking about? If, on the other hand, he has actually watched the video, he must believe that this hollering uniformed thug is in fact a dedicated public servant whose precious career needs to be handled with kid gloves, even though he watched Officer Salvatore Rivieri going up to one of the people he is supposedly serving, screaming in his face, ordering him around, insulting him, telling him to shut up, threatening him, grabbing him, wrestling him down, shoving him back down to the ground, robbing him of his private property, lecturing him, and getting up in his face about the proper titles to use when the kid addresses his putative servant.

It takes an awfully special kind of dedicated servant to treat you like that.

(Hat tips to Lew, Balko, Anthony Gregory #1, Anthony Gregory #2, Bill Anderson, Anthony Gregory #3, Anthony Gregory #4.)

Further reading:

You got served and protected #2: Halifax cops tackle a 17 year old girl and taser her while she lies helpless in her own bed

(Thanks to Elinor 2008-02-01 for the link.)

Last year in Halifax, Nova Scotia, a gang of three cops — Phillip MacKenzie, Tara Doiron and Brendan Harvey — showed up to intervene in a fight between a seventeen year old girl and her mother. The mother called them in when the girl threatened to damage some property in the house. By the time the police arrived, the girl was calm and it’s likely that the cops could just have left things be, or spent a little bit of time talking to everyone like civilized people in order to make sure that everything would be alright. But, of course, this is completely unacceptable from the standpoint of the police, when there are Bad Teens on the loose, so instead they escalated the confrontation and tried to force her out of the house, so they could proceed with whatever they imagined they needed to proceed with. She argued with them, which a fair number of cops seem to have been trained to treat as a criminal offense, and when the cops decided to arrest her for daring to talk back, there was what the papers call an altercation. When an altercation goes on between a 17 year old girl and three armed, professional cops, what that means is that she struggled briefly and the pigs responded by tackling her, and then, just for good measure, blasting her twice in a row with a 50,000-volt electric shock from their tasers while she was lying helpless in her own bed. After having three armed cops gang up on a teenaged girl to beat and shock her into submission, they then charged her with resisting arrest and assaulting a police officer — the first charge a bogus non-crime when the arrest itself was completely arbitrary, and the second charge an apparent exercise in dreadful farce.

Of course, when The Matter Is Investigated by the police, they will either (a) act as if the cops did nothing wrong, fabricate some incredibly tortured military-necessity excuse without questioning whether the goal of arresting the girl ever needed to be accomplished in the first place, and cite some incredibly vague Official Procedures for the use of force, as if that unquestionably ended the argument; or else (b) failing that, issue some mild administrative sanctions against the cops and write the whole thing off as Yet Another Isolated Incident. In fact, the case is entirely typical — because a massive sense of entitlement; a habit of barging in where you’re not needed and refusing to leave until things are settled to your own satisfaction; a contemptuous indifference to the perceptions, interests, needs, or consent of those you are putatively there to serve and protect; a strategy of needlessly escalate confrontations; a habit of using belligerence to take control of situations that your own actions have made hostile; the casual use of techniques that inflict incredible pain on your victims in order to make them comply with arbitrary orders; a willingness to hurt or arrest your victim in order to end an argument; and an expectation of more or less complete administrative, civil, and criminal impunity, no matter how senseless your orders, no matter how needless your use of violence, and no matter how obviously helpless or harmless your victim may be — are part and parcel of the environment that cops do their dirty work in, from the first day of training to the buddy-thug culture of their departments to the cultural excuse-making and overt legal privileges that insulate them from the expectations that anyone else would be held to outside of the world of rampaging statist power-trips. We already know that cops have no problem electrifying prepubescent children and alleged salad-bar thieves; no problem serving and protecting the hell out of 82-year-old women as part of a care check or repeatedly shocking a young man sleeping in his own house; no problem beating the shit out of teenaged girls in order to arrest them for not cleaning up spilled cake well enough or being out too late at night, and then charging the girl that they violently confronted, and who they outweigh by a hundred pounds or more, with criminal assault. So, while this case is outrageous, why should it be surprising? The only thing that’s unusual is that, for once, somebody in the legal system — Anne Derrick, the youth court judge who took the girl’s resisting-arrest and assault case — actually drew back the veil of Law Enforcement, acquitted the girl of all charges, and called the police on their shit:

A Halifax Youth Court judge criticized three police officers Tuesday for their arrest of a teenage girl, who was tackled in her own bed and shocked twice with a stun gun last February.

The spectacle of a 17-year-old girl being Tasered in her bedroom is a very disturbing and disconcerting one, Halifax Youth Court Judge Anne Derrick said in her ruling on the charges of resisting arrest and assaulting a police officer.

I find the police acted outside the scope of their authority in arresting [the girl] and that she was entitled to resist and committed no offence in doing so, and I acquit her of the charges before the court.

Derrick also found that the police escalated the situation leading to the arrest.

CBC News (2008-01-30): Halifax judge slams police for using Taser on teen girl

Meanwhile, the young woman, now 18, having spent an entire year of her life trying to clear away this nonsense, plans to file a complaint with the police department, now that she has finally been vindicated in court. She is also considering a civil suit. I hope that she sues the pigs personally and takes them for everything they’ve got. Unfortunately, if a suit is filed, what will probably happen is that the police or the local government will settle the case out of court, and then, public servants that they are, they will send the bill straight to a bunch of perfectly innocent taxpayers, while the thugs MacKenzie, Doiron and Harvey go on terrorizing innocent people in the name of public safety, suffering some mild administrative sanction at the worst.

If you’re baffled that cops would go on committing these kind of outrages, over and over again, in so many different cities in the U.S. and Canada, never exhibiting any interest at all in introspection or critical re-evaluation of their institutional culture beyond a bureaucratic review of whether cops should be carrying tasers (as if this were some kind of equipment failure!), and never addressing any issues that this might raise other than the P.R. problems that it causes for the police department, well, that’s pretty much why. Why would they ever try to act accountably or responsibly when the existing framework of immunities and legal privileges granted them by the State virtually guarantees that they will never personally be held responsible or called to account for what they do?

Non-Lethal Force

In Florida, another man has died after being tasered by cops:

A man in his 20s died after a Coral Gables police officer used a Taser stun gun to subdue him Friday morning.

He was identified Friday afternoon as Xavier Jones, 29.

Jones had been disruptive at a party and resisted arrest, according to Miami-Dade police, whose homicide bureau is investigating the death.

About 2 a.m., police officers responded to a call about a scuffle at University Inn Condominium, 1280 S. Alahambra Cir., near the University of Miami. The building is across the street from the university and borders on U.S. 1.

After the man became disruptive inside the apartment, a security guard attempted to remove him from the property. The confrontation spilled outside.

Miami-Dade police said Jones displayed aggressive and combative behavior so a police officer used a Taser stun gun to restrain him.

After the discharge, Jones became unresponsive, and paramedics took him to Doctor’s Hospital in Coral Gables, where he was pronounced dead.

David Ovalle, Miami Herald (2008-01-11): Man who died in Gables Tasing identified

Although I write a lot about police brutality involving tasers, I should make it clear that I don’t have any essential problem with the use of tasers, either by police or in individual self-defense. My issue has to do with the brutality, not with the equipment used, and I think that these incidents have a lot more to do with an arrogant, violent, and completely unaccountable institutional culture within police forces than they have to do with the specifics of painful electric shocks. When tasers weren’t available, cops happily used guns and truncheons; I wouldn’t regard a return to that status quo ante as any kind of progress.

That said, there are a couple of things about the use of tasers which may be some reason for special concern. One of them is the capacity to use painful electric shocks as a form of torture which doesn’t leave embarrassing bruises or other visible signs of the brutality. The second is the persistent and institutionalized dogma that tasers shocks are always a non-lethal use of force. This belief—which naturally makes individual cops and policy-setters much less cautious about the use of tasers than they might otherwise be, is endlessly repeated by cops, PR flacks, and by Taser Inc., which has gone so far as to misrepresent the findings of studies and sending PR flacks to personally lean on coroners to alter their findings in order to insulate their claims from inconvenient empirical evidence. The belief persists, in spite of hundreds of documented cases of people dying soon after being tasered, and in spite of an almost complete lack of controlled research on the health effects of taser shocks (particularly repeated shocks), because the cops’ basic interest is to be able to use as wide a variety of pain compliance techniques as possible without any danger of being held accountable for the consequences; the politicos’ basic interest is to curry favor with the Fraternal Order of Pigs and to come across as tough-on-crime; and Taser Inc.’s basic interest is in making a bloody buck through ongoing political patronage. Given the arrogance of power that they have all cultivated, and the political privileges that they all enjoy, none of them have much reason to be particularly interested in empirical reality, or for that matter in the lives of their victims.

(Story thanks to Strike the Root Blog 2008-01-11.)

Further reading:

Law and Orders #5: Daytona Beach cop takes control at Best Buy by shocking an unarmed, “retreating” woman

Attention, holiday shoppers: here’s some Christmas cheer, brought to you courtesy of officer Claudia Wright and the Daytona Beach police department. But first, let’s review.

Cops in America are heavily armed and trained to be bullies. In order to get control of situations that they forced their way into, they routinely hurt people, use force first and ask questions later, and pass off even the most egregious violence against harmless or helpless people as self-defense or as the necessary means to accomplish a completely unnecessary goal. In order to to coerce compliance with their arbitrary commands, they have no trouble electrifying small children, 82 year old women on a care check, alleged salad-bar thieves, pregnant women, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to end an argument by pepper spraying lawyers who ask inconvenient questions or by beating up teenaged girls who don’t clean up enough spilled birthday cake or walk home too late at night. They are willing to shock you and leave you lying on the side of the highway in order to make sure they can serve you with a dubious traffic ticket. It hardly matters if you cannot obey their commands because you are sound asleep in your own home. It hardly matters if you can’t move due to a medical condition, or can’t hear their bellowed orders because you’re deaf. What a cop can always count on is that, no matter how aggressively he escalates the use of violence and no matter how obviously innocent or helpless his victims are, he can count on his bosses to repeat any lie and make any excuse in order to find that Official Procedures were followed. As long as Official Procedures were followed, of course, any form of brutality or violence is therefore passed off as OK by the boss cops, and the judgment will be dutifully repeated by cop enablers in the newsmedia and the legal system.

One increasingly popular means for domineering cops to force you to follow their bellowed orders is by using high-voltage electric shocks in order to inflict pain. Tasers were originally introduced for police use as an alternative to using lethal force; the hope was that, in many situations where cops might otherwise feel forced to go for their guns, they might be able to use the taser instead, to immobilize a person who posed a threat to them or to others, without killing anybody in the process. But in practice, police culture being what it is, any notion of limiting tasers to those situations very quickly went out the window. Cops armed with tasers now freely use them to end arguments by intimidation or actual violence, to coerce people who pose no real threat to anyone into complying with their instructions, and to hurt uppity civilians who dare to give them lip. Among civilized people, deliberately inflicting severe pain in order to extort compliance from your victim is called torture; among cops it is called pain compliance and is considered business as usual. So shock-happy Peace Officers can now go around using their tasers as high-voltage human prods in just about any situation, with more or less complete impunity. In those rare cases where media criticism, mass riots, or a lawsuit does force some minimal accountability on the police force, the handful of low-level cops who face punishment are portrayed as bad seeds by the same high-level officials who, until then, had been covering up or excusing their actions, any systematic criticism of the procedures or legal privileges or internal culture of the whole police force is promptly dismissed, and the whole thing is written off as yet another isolated incident.

In Daytona Beach, Florida, Elizabeth Beeland, a young mother trying to buy a CD player at a local Best Buy, got an upsetting call about her child while she was checking out. She stepped outside to take the call, and she was upset enough that she left her credit card behind at the counter. Perplexed by the sudden exit, the clerk thought that Beeland might have left suddenly because the card was stolen, and called over Claudia Wright, a cop who was in the store. Here’s how this Peace Officer took control of an uncertain and emotionally-charged situation from there:

When police officer Claudia Wright approached, she said Beeland became verbally profane and abusive.

Wright said she warned Beeland to calm down or face arrest. The officer hit Beeland in the stomach with the Taser darts and arrested her on charges of disorderly conduct and resisting arrest.

In a video, the customer is seen backing away, then crumpling to the ground after being tasered.

MSNBC (2007-12-21): Officer uses Taser to tame [sic! —R.G.] Best Buy customer

So a distraught mother is blasted with a 50,000-volt electric shock because she dared to yell at a trained professional police officer, and failed to calm down quickly enough to satisfy the store’s pig-in-residence. Of course, she was backing away from the cop at the time, had her hands raised and visible, did nothing that could even remotely be construed as threatening, and provided no reasonable basis for the cop to presumptively treat her as in any way criminal. (The credit card was, as it happens, not stolen, and at the time Claudia Wright had only the clerk’s unsubstantiated suspicions on which to act as if it were.) But pursuant to the Daytona Beach cops’ policy, she was noncompliant, and therefore could be subdued, i.e., tortured into submission for failing to obey a cop’s bellowed order, even if she posed no credible threat to anyone else’s safety.

Of course, there will be an Official Investigation of the Incident, right? Sure:

DAYTONA BEACH, Fla. (AP) — A police officer used a stun gun to subdue a woman who yelled at her in a crowded electronics store, and prosecutors are reviewing whether to pursue charges against the customer.

Associated Press (2007-12-22): Fla. Officer Shocks Woman Yelling at Her

Let’s review.

DAYTONA BEACH, Fla. (AP) — A police officer used a stun gun to subdue a woman who yelled at her in a crowded electronics store, and prosecutors are reviewing whether to pursue charges against the customer.

Associated Press (2007-12-22): Fla. Officer Shocks Woman Yelling at Her

Charges for what? Ah, yes:

Police later verified that Beeland was using her own credit card, but she was arrested for disorderly conduct and resisting a police officer without violence. She has since pleaded not guilty.

MSNBC (2007-12-21): Officer uses Taser to tame [sic] Best Buy customer

In other words, one incredibly vague and immeasurably trivial crime directly produced by the cop’s incompetent and insensitive handling of the situation, and another crime which consists in absolutely nothing other than non-violently defying a cop’s arrogant sense of entitlement to shove other people around. Of course, in real life, outside of statist power-trip la-la land, yelling at a police officer is not a crime, much less one that it would be appropriate to respond to by deliberately inflicting extreme and immobilizing pain.

But, hey, let’s make sure we hear both sides of this story, which the news media will insist on noncommittally presenting, as if the two were obviously equivalent in accuracy and honesty:

Daytona Beach Police Chief Mike Chitwood defended the officer’s actions, which he said avoided use of other weapons.

Even if you look at the video, when the officer stepped toward her after announcing she’s under arrest, she’s flailing her arms and retreating from the officer, Chitwood said. Police work isn’t pretty. It doesn’t look pretty, but from where we sit, interviewing civilian witnesses and people may or may not agree, but she followed our policy, she followed FDLE (Florida Department of Law Enforcement) guidelines.

MSNBC (2007-12-21): Officer uses Taser to tame [sic] Best Buy customer

As long as she followed Official Procedures, of course, any level of aggression and violence against an unarmed and retreating civilian (!) is perfectly O.K. for the paramilitary cadres occupying Florida cities. Hell, she’s lucky she didn’t get bludgeoned or shot by other weapons! For the record, here’s what those Official Guidelines say:

Police department policy states an officer can deploy his or her TASER for the purpose of subduing a violent, noncompliant or combative subject.

Central Florida News 13: Woman TASED At Best Buy

Please note that since Beeland was not in any way violent, the claim must be that either she was (1) noncompliant or (2) combative (without being violent), or both. If you happen to be in Florida, please note that, even if you in no way threaten the rights or the physical safety of anybody, a professional Peace Officer will still feel professionally entitled to hit you with an excruciatingly painful 50,000-volt electric shock if you (1) don’t ask how high? when they shout jump, or (2) dare to give them lip.

Civil liberties and human rights groups may see the incident in a different way:

Cop Watch’s George Crosley sees the incident in a different way. His group polices police actions. He said he is stunned by the store surveillance video.

This is wrong, this shouldn’t have happened that way, Crosley said. When the officer starts toward her, you don’t see her threatening the officer, you see her backing off with her hands up, he said. If she couldn’t figure out how to handle it, she should have called for back up. The truth of the matter is, people have died as a result of being tased.

MSNBC (2007-12-21): Officer uses Taser to tame [sic] Best Buy customer

Not that it would matter much even if she died, as far as the Authorities are concerned, so long as those guidelines got followed.

The ACLU and Amnesty International also have Beeland’s back. Her own lawyer is reviewing the incident. I would like to hope that she sues the pigs personally and takes them for everything they’ve got. Unfortunately, if a suit is filed, what will probably happen is that the city government will settle the case out of court, have the police department send Beeland an Oops, our bad along with some petty cash, and then—public servants that they are—send the bill to a bunch of innocent taxpayers, who had nothing to do with it. Meanwhile, precisely nothing will happen to authoritarian shock-happy thug Claudia Wright, who will go right on serving and protecting the hell out of civilians in Daytona Beach, whether they want anything to do with it or not.

If you’re baffled that cops could feel free to indulge in this kind of outrage, and that numerous fellow cops, prosecutors, and other government officials would rush to defend it, well, that’s just about why, right there. The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors.

Support your local CopWatch.

What a shock.

Let’s review.

The nearly 10-minute video clip, which has drawn nothing but negative comments toward the trooper on YouTube, shows Gardner approaching Massey’s SUV and asking for his driver’s license and registration. Massey asks how fast he was going, which prompts Gardner to repeat his request.

I need your driver’s license and registration — right now, the trooper says.

Massey continues to question Gardner about the posted speed limit and how fast he was going but hands over his papers. The trooper walks back to his car.

Gardner returns to the SUV and tells Massey he’s being cited for speeding. On the video, Massey can be heard refusing to sign the ticket and demanding that the trooper take him back and show him the 40 mph speed limit sign.

What you’re going to do — if you’re giving me a ticket — in the first place, you’re going to tell me why … Massey says.

For speeding, the trooper interjects.

… and second of all we’re going to go look for that 40 mph sign, Massey says.

Well you’re going to sign this first, Gardner says.

No I am not. I’m not signing anything. Massey says.

Gardner tells Massey to hop out of the car, then walks back to the hood of his patrol car, setting down his ticket book. Massey is close behind the trooper pointing toward the 40 mph speed limit sign he’d passed just before being pulled over.

Turn around. Put your hands behind your back, Gardner says. He repeats the command a second time as he draws his Taser and takes a step back.

The trooper points the Taser at Massey who stares incredulously at him.

What the hell is wrong with you? Massey asks.

Gardner repeats the command to turn around two more times as Massey, with part of his right hand in his pants pocket, starts to walk back toward his SUV.

What the heck’s wrong with you? Massey can be heard asking as Gardner fires his Taser into Massey’s back. Immobilized by the weapon’s 50,000 volts, Massey falls backward, striking his head on the highway. The impact caused a cut on Massey’s scalp.

Massey’s wife Lauren, who was seven months pregnant at the time, gets out of the SUV screaming and is ordered to get back in the vehicle or risk being arrested. Gardner handcuffs Massey and leaves him on the side of the highway while he goes to talk to Massey’s wife.

He’s fine. I Tasered him because he did not follow my instructions, Gardner explains to the audibly upset woman.

You had no right to do that! she responds. You had no right to do that!

While Gardner is still talking to Lauren Massey, her husband gets to his feet and approaches the trooper from behind. Gardner takes the handcuffed man back toward his patrol car and again orders Lauren Massey to stay in her vehicle or risk being arrested.

Officer you’re a little bit excited. You need to calm yourself down, Jared Massey tells Gardner before being put into the trooper’s patrol car where he continues to demand an explanation for his arrest.

Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube

Cops in America are heavily armed and trained to be bullies. They routinely force their way into situations they have no business being in, use violence first and ask questions later, and pass off even the most egregious forms of violence against harmless or helpless people as self-defense or as the necessary means to accomplish a completely unnecessary goal. In order to stay in control of the situation, they have no trouble electrifying small children, alleged salad-bar thieves, pregnant women possibly guilty of a minor traffic violation, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to pepper spray lawyers for asking inconvenient questions and to beat up teenaged girls for not cleaning up enough birthday cake or being out too late at night. It hardly matters if you are an 82 year old woman supposedly benefiting from a care check, or if you are sound asleep in your own home, or if you are unable to move due to a medical condition, or if the cops attack you within 25 seconds of entering the room, while you are standing quietly against the wall with your arms at your sides. It hardly even matters if you die. What a cop can always count on is that, no matter how senselessly he escalates the use of violence and no matter how obviously innocent or helpless his victims are, he can count on his buddies to clap him on the back and he can count on his bosses to repeat any lie and make any excuse in order to find that Official Procedures were followed. As long as Official Procedures were followed, of course, any form of brutality or violence is therefore passed off as OK ….

Note that Gardner never, at any point in the video, claimed that anything that Massey did in the encounter was threatening or that he felt he had to defend himself. He explicitly stated, over and over again, to Jared Massey, to his wife, and to a fellow cop, not that the reason for his actions was self-defense, but that it was to coerce compliance. Gardner also never told Massey that he was under arrest until after knocking Massey to the ground with his taser. However, cop enablers are not about to let the mere evidence of their senses get in the way of fabricating excuses for police violence …

GT 2007-11-27: Law and Orders #3: John Gardner of the Utah Highway Patrol tasers Jared Massey in front of his family for questioning why he was pulled over

Some days, I really hate being right.

Utah taser probe: Trooper acted reasonably

SALT LAKE CITY (AP) — A Utah trooper who used a Taser to subdue a stubborn motorist who was walking away from him during a traffic stop felt threatened and acted reasonably, state officials said Friday.

Trooper Jon Gardner remains on leave, primarily for his safety, after numerous anonymous threats were made against him, said Supt. Lance Davenport of the Utah Highway Patrol.

Gardner twice zapped [sic] Jared Massey with a Taser when the driver walked away and refused to sign a speeding ticket on Sept. 14. The incident was recorded on Gardner’s dashboard camera. Massey filed a public-records request and posted the video on YouTube, which said it has been viewed more than 1 million times.

We found that Trooper Gardner’s actions were lawful and reasonable under the circumstances, Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP’s parent agency, the Utah Department of Public Safety.

The investigation was conducted by officials in the Department of Public Safety, which oversees the highway patrol. The officials have asked the Utah attorney general’s office to also review the case to determine if laws were broken.

Massey was not at the news conference and could not immediately be reached for comment.

The video showed Massey arguing about whether he was exceeding the speed limit on U.S. 40 in eastern Utah. Massey got out and walked to the rear of his vehicle. The trooper pulled out his Taser when the driver tried to return to his seat.

Massey shrieked, fell and said: Officer, I really don’t know what you’re doing.

Face down! Face down! Put your hands behind your back, Gardner said.

USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably

This seems to be more or less how most cops seem to think that all their conversations with the public that they serve and protect should go.

When Massey’s wife emerged from the passenger side, the trooper ordered her to get back in — or you’re going to jail, too. Moments later, when another officer arrived, one of them said, Oh, he took a ride with the Taser.

Davenport said that comment was inappropriate.

USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably

Well, that’s mighty white of him.

Officials said Gardner could have issued the ticket without Massey’s signature.

The investigation found use of the Taser was justified because Massey had turned his back and put a hand near his pocket, Davenport said.

For a law-enforcement officer, that is a very, very scary situation, he said.

Nonetheless, the trooper now realizes that other options were available, Davenport said.

USA Today (2007-11-30): Utah taser probe: Trooper acted reasonably

Remember that at no point in the encounter did Gardner ever claim that he used the taser because he felt threatened or because he believed that Massey was reaching for a piece. In fact, he explained several times why he used the taser, to Massey, to Massey’s wife, and to another cop, and every time he said the reason was that Massey didn’t follow instructions. I’m sure he just forgot to mention that he feared for his life, too. It’s wonderful how a gang of cops investigating possible after-the-fact excuses for another cop’s use of violence can jog the memory.

However, once we strip out the self-serving lies, note that we are left with the following:

Officials said Gardner could have issued the ticket without Massey’s signature.

… Nonetheless, the trooper now realizes that other options were available, Davenport said.

Let’s review.

Officials said Gardner could have issued the ticket without Massey’s signature.

… Nonetheless, the trooper now realizes that other options were available, Davenport said.

And there you have it. In the view of the Utah Highway Patrol, it is lawful and reasonable to torture you with 50,000-volts of electricity in order to force you to comply with their orders, even when those orders are completely unnecessary and even when other options are available.

What a shock.

(Story via Strike the Root and no authority 2007-12-01.)

Further reading: