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.

Problems with the Border Patrol

From the Washington Post:

FEW FEDERAL government agencies have grown as quickly as U.S. Customs and Border Protection, which includes the 21,000 agents, double the number in 2004, who patrol the nation’s frontiers with Mexico and Canada. That growth has been accompanied by an alarming number of incidents involving the use of lethal force, particularly along the Mexican border and all too frequently under circumstances that suggest the agency is indifferent or hostile to the most basic standards of restraint, transparency and self-policing.

Reports by news organizations and independent experts — including one report that was suppressed by Customs and Border Protection for more than a year — have finally prompted the agency to address its problems with accountability. The agency’s new commissioner, R. Gil Kerlikowske …has promised that the agency will be more forthcoming about future incidents involving the use of deadly force, which would be a constructive change from its deeply ingrained habit of stonewalling. To that end he is establishing a rapid-reaction force of investigators whose mission will be to gather evidence following incidents and allegations of abuse.

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.

City Settles Excessive Force Lawsuit for $490,000; Denies Any Wrongdoing

From the San Bernardino Sun:

City Attorney Cristina Talley announced Tuesday at the council meeting that the council agreed to settle the federal lawsuit filed July 31, 2013, in U.S. District Court by the parents of 22-year-old Trevor Taylor of Colton, who was shot and killed a year earlier on July 31, 2012.

The wrongful death lawsuit lodged against the city alleges three Colton officers involved in the shooting used excessive force, were not properly trained, committed battery and intentional infliction of emotional distress as a result of the killing, according to court documents.

Officers Todd Smith, and Sgts. Steve Davis and Lou E. Gamache are still with the department in the patrol division….

“The use of force was reasonable and consistent with our policy,” said Colton Police Cpl. Ray Mendez. “We’re not changing any policy and we’re not amending anything.”

From the on-line comments section:

My city isn’t doing anything wrong, where MY payout?

Judge Beverly J. Woodard

From the Washington Post:

IN PRINCE George’s County, it is now clear that the police, without provocation, can beat an unarmed young student senseless — with impunity. They can blatantly lie about it — with impunity. They can stonewall and cover it up for months — with impunity. They can express no remorse and offer no apology — with impunity.

The agent of this travesty of justice, and this impunity, is Judge Beverly J. Woodard of the Prince George’s County Circuit Court. Ms. Woodard has presided in the case involving John J. McKenna, a young University of Maryland student who was savagely beaten by two baton-wielding Prince George’s cops in March 2010, following a men’s basketball game on the College Park campus.

The beating of Mr. McKenna was videotaped; had it not been, the police, who filed no report and then falsely claimed that he instigated the incident and attacked them, may never have been investigated or charged. Yet despite the fact that a jury convicted one of the police officers, James Harrison Jr., of assault nearly two years ago, Ms. Woodard has now thrown the verdict out and closed the case.

Read the whole thing.

 

 

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.

The John Geer Case

From the Washington Post:

In the year since John Geer was fatally shot by a Fairfax County police officer, his family has struggled to cope with the sudden loss. His younger daughter, now 14, cried for weeks after the Aug. 29, 2013, incident.

His older daughter, now 18, marks the 29th of every month with some remembrance of her father. For years, he took her to every travel and high school softball practice and game, so his absence was obvious almost every day. The other fathers of her South County High team walked her onto the field on Senior Night, because hers couldn’t be there.

For Geer’s partner of 24 years and his parents, the grief was accompanied by waiting, they say. For information. For action. For answers from the prosecutors or police as to why a man who witnesses say was unarmed was shot in front of his home.

Police and federal investigators have not released any information publicly about the case. They have not said whether they think the shooting was justified and have not released the names of the officers involved.

“It’s been hell,” said Don Geer, John Geer’s father. “Frustrating to say the least — not knowing anything and having a feeling of helplessness, sadness, anger. Just wondering what’s going on and why nobody would tell us anything.”

Chicago Officers Charged with Crime

From the Chicago Tribune:

A Chicago police commander frequently praised by Supt. Garry McCarthy for his no-nonsense approach to fighting crime in some of the city’s toughest neighborhoods was charged Wednesday with placing the barrel of his gun into a suspect’s mouth.

Cmdr. Glenn Evans, who headed the West Side’s Harrison patrol district until he was relieved of his police powers, faces one count of aggravated battery and one count of official misconduct, according to Sally Daly, a spokeswoman for State’s Attorney Anita Alvarez.

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.