National Police Misconduct Reporting Project

The David Hooks Case

A criminal comes on to your property and steals your SUV.  Later, the criminal, perhaps still under the influence of meth, tells the police that he found drugs on your property.  The police proceed to sneak on to your property and, without announcing themselves, break down your back door.  Frightened that the criminals have returned to your home, you retrieve a gun to protect yourself and your spouse.  The police then open fire and you are killed in your own home.  By the police.

According to the Hooks family attorney, that is what happened to his client.  Here is an excerpt from the attorney’s statement:

On Wednesday, September 24th at 9:56 p.m., drug task force agent Chris Brewer made application for a search warrant before Faith Snell a non-attorney Deputy Magistrate of the Laurens County Magistrate Court. The facts submitted to Deputy Magistrate Snell to convince her that probable cause existed to issue the warrant consisted of the statement by Rodney Garrett a confessed burglar, thief, and a meth addict who was under the influence at the time of his arrest that the approximately 20 grams of methamphetamine, a digital scale, and 2 firearms found on him at the time of arrest had been stolen by him out of another vehicle at the Hooks home. Investigator Brewer also stated information he claimed came from an investigation involving Jeff Frazier. That investigation was in August 2009 over 5 years ago. A search warrant was issued at 9:56 p.m. by Judge Snell. This search warrant is invalid on its face as it does not comport with the requirements of the Constitution of State of Georgia nor the United States Constitution. Armed with an invalid search warrant and with less than an hour of preparation, at approximately 10:55 p.m. several members of the Drug Task Force and the Laurens County Sheriff’s Response Team arrived at David and Teresa Hooks home unannounced by emergency lights or sirens. There is no question the Officers were aware the home had been burglarized only two nights earlier.

David and Teresa were under the impression that the burglars were back and that a home invasion was eminent. David armed himself to protect his wife and his home. Despite the fact that the illegal search warrant did not have a “no knock” clause the Drug Task Force and SRT members broke down the back door of the family’s home and entered firing in excess of 16 shots. These shots were from multiple firearms and from both 40 caliber handguns and assault rifles. Several shots were fired through a blind wall at David with the shooters not knowing who or what was on the other side of the wall. The trajectory of the shots, coupled with the number of shots infers a clear intent on behalf of the shooters to kill David Hooks.

From WMAZ:

Lauren’s County Sheriff’s department says they are not making any more statements on this case. They are directing all questions to the GBI. They’ve not responded.

Neither agencies has identified the deputies involved in the raid, said how many of them fired shots, or said how many times Hooks was hit.

Hooks was buried on Tuesday.

Read the whole thing.

Internal Affairs Investigating Treatment of Pregnant Woman

From NBC New York:

The NYPD says its internal affairs division is investigating after a video was posted over the weekend that appeared to show officers push a pregnant woman to the ground when she tried to intervene as her son was being taken into custody.

The video, which the woman’s attorneys say was captured on Fifth Avenue at 41st Street in Brooklyn’s Sunset Park at around 2:15 a.m. Sunday, shows an officer who was trying to arrest another suspect grabbing Sandra Amezquita, who is five months pregnant, before pushing her belly-first onto the ground and then hopping atop her back.

The video then shows a second, unidentified woman being shoved to the ground in the middle of the street as she comes to help Amezquita.

Amezquita’s attorney, Sanford Rubenstein, told media Wednesday that the 43-year-old woman suffered vaginal bleeding and bruises on her arms and stomach after the encounter. He said she has persisting abdominal pain and showed a photo of bruising on her stomach.

Police Shooting in South Carolina

From NBC News:

A South Carolina state trooper who was fired after being captured on video shooting an unarmed driver during a routine traffic stop was arrested on Wednesday. Lance Corporal Sean M. Groubert was charged with assault and battery of a high and aggravated nature in connection with the shooting in a gas station’s parking lot, which was filmed by a camera in his patrol car.

On Sept. 4, Groubert pulled over Levar Edward Jones for a seatbelt violation in Columbia, South Carolina, and subsequently shot the unarmed man in the hip. In newly released video, Groubert is heard asking Jones for his license. As Jones reaches into his car, the officer is seen moving quickly while pointing his gun and shouting, “Get out of the car!” He then fires four shots at Jones as he falls backwards away from the car with his hands in the air. Groubert cuffs the injured driver, who can be heard asking, “What did I do, sir?”

Chilling video.   To the department’s credit, upon review, the officer was promptly discharged and criminal charges are now pending.  That’s the manner in which one would expect an incident like this to be handled.   Safe to say that the video was the critical factor and that’s why body cameras are needed.

More on the John Geer Case

From the Washington Post:

Shot in the chest, he was left to bleed to death inside his doorway while police officers, remaining outside the house, did nothing for an hour. Five and a half hours after the shooting, his body remained sprawled on the floor where he died.

Incredibly, the authorities in Northern Virginia — including Fairfax County police and state and federal prosecutors — have refused to furnish any explanation for this stupefying sequence of events last Aug. 29 in Springfield. They have stonewalled.

Fairfax County Police Chief Edwin C. Roessler Jr. promised to “hold myself accountable” to Mr. Geer’s family, which includes two young daughters. He has done nothing of the kind. No official information about the shooting has been forthcoming. The officer who fired the shot, who remains on the force with full pay, has not been identified.

The authorities conduct themselves as if the case presented insurmountable complexities. This strains credulity. It involved one shot, one gun, one shooter and one fatality. It took place in broad daylight, at mid-afternoon. It was witnessed at close range by at least two other police officers, as well as friends and neighbors of Mr. Geer. And still authorities refuse to act or discuss Mr. Geer’s death.

Vice President Biden and the Police

According to news reports, three White House officials will be attending the funeral for Michael Brown today.  Vice President Joe Biden will not be attending and that is no surprise.   Why?  Because the Brown family has been demanding a vigorous, impartial investigation into the shooting and Biden is fond of saying that he “has the back” of the police force.  Biden’s presence would be awkward, to say the least.

Here is a clip where Biden is urging a police audience to get behind President Obama’s nominee to the Supreme Court, Sonia Sotomayor.

Biden has kept a low profile since the unrest began in Ferguson–and no wonder.   The last thing protesters there want to hear is that the White House “has the back” of the police.   Indeed, that’s why there is so much concern about the local county prosecutor who is handling the investigation and why there have been calls for Governor Nixon to appoint a special prosecutor.  A special prosecutor would be more likely to follow the evidence impartially.

Beyond the Brown shooting, we have seen other abuses by the police there.  The false arrest of reporters, the tear gas rounds fired into the yards of homes, and the reckless weapon handling by officers against protestors.   One wonders if Biden has been on the phone to Obama … saying the administration’s approach thus far has been all wrong… It should “have the back” of the police–not the reporters, the residents, the protesters.

Beyond Ferguson, African-Americans (and others) have been protesting in other cities.  On Saturday, thousands of New Yorkers turned out to protest the killing of Eric Garner by New York City police.   Other cities have other incidents to relate.

Make no mistake, Biden has been part of the problem.  The long simmering tensions in communities around the country did not spring out of nowhere.  Misguided policies and unaccountable bureaucracies bear much of the blame.  And so do powerful politicians like Biden, who have been deaf to the cries of police abuse and harassment.

 

Police Abusing Government Database

From CBS Sacramento:

FAIRFIELD (CBS13) – Court documents show that Fairfield Police Officers Stephen Ruiz and Jacob Glashoff used company time and equipment to search for women on internet dating sites.

The documents also show that two used the California Law Enforcement Telecommunications System – a statewide police database – to screen the women they liked.

“I feel like it’s an abuse of their power, using it for their own personal gain,” said Fairfield resident Carlos Thompson.

Thousands of New Yorkers Protest

From the New York Times:

Thousands converged on an overcast Saturday at the site of the encounter, the start of a protest march linking Mr. Garner’s death to lethal police actions past and present, from New York City to Ferguson, Mo., where a white officer fatally shot an unarmed black teenager on Aug. 9.

Signs and slogans touched on details of the deaths as well as broad policies that protesters argued encouraged bad behavior by officers.

“ ‘Broken Windows’ Kills,” a sign read, a reference to the aggressive policing of minor offenses like selling untaxed cigarettes, the crime Mr. Garner had been accused of committing.

Chants of “I can’t breathe” — Mr. Garner’s words as he struggled with officers — mixed with those borrowed from Ferguson: “Hands up, don’t shoot.”

For days, march organizers and Mayor Bill de Blasio emphasized that the demonstration on Staten Island would not devolve into the sort of violent confrontation with police officers that had plagued the protests over the death of the Ferguson teenager, Michael Brown. By late afternoon, the march had ended and the crowds were heading home. The police said all had been quiet and there had been no arrests….

During the demonstration, community affairs officers in royal-blue shirts and baseball hats offered a stark contrast to the militarized posture of police officers in the aftermath of Mr. Brown’s death. Uniformed patrol officers controlled crowds at the ferry terminal and appeared interested to keep a respectful distance from the marchers along the route.

Refresher on Stop & Frisk

The Michael Brown shooting has brought attention to certain police policies and how those policies scramble the opinions of liberals and conservatives.  Thus far, most of the attention has been on the militarization of police.  In this post, I want to briefly focus on another police tactic, “stop & frisk,”  and explain why this likely plays a part in the community unrest following the death of Michael Brown.

In 1968, the Supreme Court decided a case called Terry v. Ohio.  In that case, the Court approved the “stop & frisk” tactic.   Here is an excerpt from the Court’s opinion:

We … hold today that, where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where, in the course of investigating this behavior, he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others’ safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. (emphasis added).

Several things must be noted.  First, that is a rather sanitized description of what can happen out on the street (more on that below).

Second, in the 1990s, at the suggestion of conservative intellectual, James Q. Wilson, police officials like William Bratton tasked police units to go out and pro-actively stop & frisk city residents.  (Wilson is well known for his “broken windows” work, but his misguided promotion of stop & frisk is another reminder that ideas have consequences).  The number of stops–especially in New York City–started climbing.  The liberal Michael Bloomberg also championed the tactic when he became NYC Mayor after Rudy Giuliani.

Third, what happens if the police act unreasonably and use this tactic arbitrarily against people?  Persons holding contraband get busted, but what if there are tens of thousands of stops where the police officer’s actions were unreasonable against totally innocent persons?  Absent physical injury, who would take a day off of work to see an attorney about that?  And how many attorneys would take a case where there was an illegal 20 minute detention, illegal search of the person, and no injury?  No one.  For young, black men there has been no effective redress.  Anger and tensions simmer.  And when a young black man gets killed (recall Amadou Diallo ; and the shooting of Patrick Dorismond is also worth noting) the anger boils over into the protests and unrest we have seen in Ferguson.

The white experience with police is different because the police do not typically use the stop & frisk tactic in white communities.   Here is an example of what the complaints are about:

Short version reporting on the video that went viral:

Longer version (recommended):

Because these officers were “caught on tape,” the Philly Police Department was embarrassed and so took disciplinary action.  How many bad encounters are not captured on tape?  99%?

Back to the Michael Brown shooting.  We have been told that Officer Darren Wilson rolled up on Michael Brown and Dorian Johnson and told them to move to the sidewalk.  According to Johnson, Wilson started the interaction by cursing at them.  Did Wilson lose his temper after some back talk?  Or because he was dissatisfied with the speed with which the young men were complying with his command?  Did Wilson escalate the situation by grabbing Brown’s throat, as Johnson has said?  Did Brown passively resist by backing away so he could breath? (Recall poor Eric Garner  who lost his life waiting for the police to release their grasp!).    At some point, Wilson drew his weapon and shot Brown.  Several times.

Maybe Wilson was behaving like the abusive Philp Nace in the above video.  Maybe his conduct did not come close to that.  But these are some of the questions on the minds of minorities (and others) as the investigation continues.

More background on stop and frisk here and here.

 

 

 

 

Now Reporters Falsely Arrested

From the Washington Post:

Multiple officers grabbed me. I tried to turn my back to them to assist them in arresting me. I dropped the things from my hands.

“My hands are behind my back,” I said. “I’m not resisting. I’m not resisting.” At which point one officer said: “You’re resisting. Stop resisting.”

That was when I was most afraid — more afraid than of the tear gas and rubber bullets.

As they took me into custody, the officers slammed me into a soda machine, at one point setting off the Coke dispenser. They put plastic cuffs on me, then they led me out the door.