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Judge refuses to watch police brutality video, lets cop off

The crime of punching someone does not involve first holding them at gunpoint and handcuffing them.
He wasn't being held at gunpoint.

that is not simple misdemeanor assault, by any means, that is felony kidnapping while armed (try it and see for yourself).
So now police arresting someone is armed kidnapping?

Not exactly the same thing as a civilian altercation.

I was enlisted in the US Army at the time.
 
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Recently had a police officer charged and convicted here for a similar action. The victim in the case had been charged with resisting arrest and other charges until the victim's lawyer happened to find some surveillance video from a nearby store which showed that the victim did nothing wrong and the police officer kicked and beat him while he was being held down by two security guards. When the prosecutors saw the video, the victim's charges were dropped and the officer was charged.

Much as I can't stand a lot of the new technology and particularly social media and camera phones filming everyone else's business, I do find it remarkable that police still think they can get away with such things in this age when everyone is being watched somehow, someway.
 
He wasn't being held at gunpoint.


So now police arresting someone is armed kidnapping?



I was enlisted in the US Army at the time.

So you handcuffed him and promised to shoot him if he tried to hit you back?
 
So you handcuffed him
He wasn't under arrest and being transported to what looks like a correctional facility.

and promised to shoot him if he tried to hit you back?
You do know that punching a police officer is not grounds for use of deadly force, right? All that will do is land a person a serious ass beating, and a charge of assaulting a police officer.
 
He wasn't under arrest and being transported to what looks like a correctional facility.


You do know that punching a police officer is not grounds for use of deadly force, right? All that will do is land a person a serious ass beating, and a charge of assaulting a police officer.

In San Diego it is.

They shot a homeless guy for raising a "stick" maybe three quarters of an inch at the base a dwindling to maybe a quarter inch in two feet at a police dog.

Shot the dog too in the process.

Maybe its better where you are.
 
In San Diego it is.

They shot a homeless guy for raising a "stick" maybe three quarters of an inch at the base a dwindling to maybe a quarter inch in two feet at a police dog.

Shot the dog too in the process.

Maybe its better where you are.

Somehow I get the impression that you aren't telling the full story on that incident, but it's ok. People will find every reason they can to hate the police, even if it involves manipulating the truth. It's really no wonder why cops are constantly on edge and pissed off all the time.
 
In San Diego it is.

They shot a homeless guy for raising a "stick" maybe three quarters of an inch at the base a dwindling to maybe a quarter inch in two feet at a police dog.

Shot the dog too in the process.

Maybe its better where you are.

Found an article of the incident you're referencing here.

If you're holding something in your hands, and you run towards police, bad things are going to happen. Especially when that person has a history of violence, and that something is a three foot branch (which he used to assault people at a McDonald's restaurant).

The position of the K-9 unit suggests that killing the guy wasn't the intention, they surrounded him to make sure he couldn't evade arrest.
 
Time for disbarment proceeding... maybe?

Obviously 1.) an appeal and 2.) a complaint to the State Commission on Judicial Conduct seeking removal from the bench.
 
The judge wouldn't watch the video. Isn't that just special? It clearly shows the officer hit him for no reason whatsoever. The kid didn't lunge at him. No way.

As to the union fighting to get his job back? They'll probably win, and he'll have had a nice soon-to-be vacation on the taxpayers.

This points out the impunity judges have on the bench. Whatever the process is for judicial review should be initiated here. The judge should be held accountable. And responsible if this guy gets back on the force (which he will) and hurts someone else. She's incompetent.

But since I always say, "Follow the money," I'd say she's in bed with the union.

I just wish the kid would sue the former LEO civilly. He'd win.

Sue in federal court as a civil rights violation to avoid local politics in the court.
 
No, I'm not kidding. It's right there in black and white, he did something stupid and got punished for it. At the end of the day, all he did was punch someone in the face. I've done the same, and all I got was a night in jail. Same for a lot of people and it's "lol, he mad". A cop does it and you people break out the pitchforks and torches looking for a new witch to burn.

If you did that to a cop you wouldn't just "get a night in jail." Nor do you get to handcuff someone before slugging him.

This is an officer who absolutely should be fired and should have been prosecuted. He isn't just a bully, but also a bully coward waiting until the teen was handcuffed and shirt pulled down over his arms while the other officer was holding him.

By the comments the officers made, there appears no reason to have arrested the kid in the first place. They were convinced they'd find drugs and by what was said that is the reason he was handcuffed. I have little doubt but for the video that officer also would have charged the kid with resisting arrest and with assaulting him.
 
Found an article of the incident you're referencing here.

If you're holding something in your hands, and you run towards police, bad things are going to happen. Especially when that person has a history of violence, and that something is a three foot branch (which he used to assault people at a McDonald's restaurant).

The position of the K-9 unit suggests that killing the guy wasn't the intention, they surrounded him to make sure he couldn't evade arrest.

We were in the area working and went to lunch on the street where it happened. Just after. Talked to people that were there.

They showed the "branch" on local tv. Think "switch". Palm wood.

SD has had issues with police brutality for as long as I can remember. I have seen truly appaling things with my own eyes. Seen cops lie in court. Go door to door in a latino neighborhood warning people to keep quiet or face the consequences.

I still don't hate cops. Wanted to be one once.

But sweeping misbehavior under the rug is extremely counterproductive.
 
St. Louis police officer found not guilty of hitting handcuffed teen : News

As I suspected, the reality is a bit more complex than the slanted OP headline. The judge didn't "refuse" to watch the video, it wasn't allowed in to evidence. Read the link to find out why.

Also, the teen was twice arrested by cops in possession of drugs and guns. In the videotaped incident in question the teen had turned a gun on the officers. But of course you don't see that part.

I understand the ruling on evidence and will cut the judge some slack but what the kid did to get into that situation is immaterial to the assault. Once the suspect is in custody the cops have a responsibility to protect him as long as he doesn't take any more hostile actions. The cop in the video pretty obviously chose to forgo that part of his job for the opportunity to administer a little "off the record justice".
 
St. Louis police officer found not guilty of hitting handcuffed teen : News

As I suspected, the reality is a bit more complex than the slanted OP headline. The judge didn't "refuse" to watch the video, it wasn't allowed in to evidence. Read the link to find out why.

Also, the teen was twice arrested by cops in possession of drugs and guns. In the videotaped incident in question the teen had turned a gun on the officers. But of course you don't see that part.

1. The teens two prior arrests are irrelevant because neither charge seems to have resulted in a convinction. In fact, the term used by the PBA rep. was "twice skated" on those charges, meaning he was released and never convicted.

2. No, the defense was going to offer self-defense based apparently on the officers claim at the time of arrest the teen turned a gun on them. It's not in any video or that would have been stated too.

3. It wasn't allowed into evidence cuz Folwer, the one office who did testify stated "that wasn't how I recollected events." WOW! Really? Not admit you let your partner strike a handcuffed suspect? That's a stretch. Video out! LOL The prosecution couldn't locate the teen to validate it either. Should I testify: "Hmm, I've been arrested twice before by these guys, beaten at least once, they denied it and have buddies still on the force. Oh yeah, let me go in, testify, and make myself a permanent target." LOL

The video is clear, at the time of the battery the teen was standing completely still and handcuffed behind his back. The Blow was simple brutality. No excuse.
 
So what was wrong with the other officer present testifying? This case makes no sense at all.

Here is the actual problem which the papers did not present. The camera is an object and cannot charge assault. Assault needs the charge of a victim or a witness. The assaulting officer will not charge himself, and his partner said his interpretation of the events differed from what was on the camera. That leaves the only witness as the victim. This puts the victim in a precarious place. If he starts speaking and revokes his right to silence he endangers his own criminal case by perhaps allowing questions as to why he was in cuffs which he may have to answer after making a claim. So it seems the victim tried to avoid the case and eventually just took the fifth which means that there is no witness or victim left to file the charges. Since the camera cannot be cross examined as is the right of the defendant there can be no charges made by it.

You are right the case seems to be riddled with crappy legal technicalities. The officer may very well know the spot he would be putting the victim in to potentially revoke his right to self incrimination in other charges by speaking as a victim in the assault trial. I know it seems the judge should look at it, but if no one can press charges, or the officer's self defence claim would stand because there would be no one to refute his claims, then they have to drop it. I am not defending the position, just trying to explain what happened.

As for the rehiring that may be a lot more problematic for the officer. He may not be legally guilty of assault, but the state has evidence of very improper actions by him which they could introduce into a legal case for his job back. They have cause to fire him and evidence to present as that cause even without the witness to back it up. Civil trials tend to have much lower standards for admittance of evidence and claims of guilt. Since the state is claiming the video as their reason for termination they should be allowed to enter that in any employment challenge. That is if they are serious about getting rid of the cop which all this publicity will probably make them, but it is not guaranteed. needless to say if the guy remains terminated his options for future hiring become much slimmer given a web search would completely destroy him in a background check.

yes, it is not the best situation, but I am pretty sure the cop knew what was going on and that he could hit the suspect without too much danger to himself due to the conflict of the charges against the victim. He did wait until he was probably in a bay, out of view of most officers, and the only witness against him would have been his partner since the victim's lawyer would probably tell him to plead the fifth. The justice system is skewed to be in favor of the defendant, too bad that seems to be reliable only for law enforcement.
 
Here is the actual problem which the papers did not present. The camera is an object and cannot charge assault. Assault needs the charge of a victim or a witness. The assaulting officer will not charge himself, and his partner said his interpretation of the events differed from what was on the camera. That leaves the only witness as the victim. This puts the victim in a precarious place. If he starts speaking and revokes his right to silence he endangers his own criminal case by perhaps allowing questions as to why he was in cuffs which he may have to answer after making a claim. So it seems the victim tried to avoid the case and eventually just took the fifth which means that there is no witness or victim left to file the charges. Since the camera cannot be cross examined as is the right of the defendant there can be no charges made by it.

You are right the case seems to be riddled with crappy legal technicalities. The officer may very well know the spot he would be putting the victim in to potentially revoke his right to self incrimination in other charges by speaking as a victim in the assault trial. I know it seems the judge should look at it, but if no one can press charges, or the officer's self defence claim would stand because there would be no one to refute his claims, then they have to drop it. I am not defending the position, just trying to explain what happened.

As for the rehiring that may be a lot more problematic for the officer. He may not be legally guilty of assault, but the state has evidence of very improper actions by him which they could introduce into a legal case for his job back. They have cause to fire him and evidence to present as that cause even without the witness to back it up. Civil trials tend to have much lower standards for admittance of evidence and claims of guilt. Since the state is claiming the video as their reason for termination they should be allowed to enter that in any employment challenge. That is if they are serious about getting rid of the cop which all this publicity will probably make them, but it is not guaranteed. needless to say if the guy remains terminated his options for future hiring become much slimmer given a web search would completely destroy him in a background check.

yes, it is not the best situation, but I am pretty sure the cop knew what was going on and that he could hit the suspect without too much danger to himself due to the conflict of the charges against the victim. He did wait until he was probably in a bay, out of view of most officers, and the only witness against him would have been his partner since the victim's lawyer would probably tell him to plead the fifth. The justice system is skewed to be in favor of the defendant, too bad that seems to be reliable only for law enforcement.

Terrific explanation. Makes perfect sense.
 
No, I'm not kidding. It's right there in black and white, he did something stupid and got punished for it. At the end of the day, all he did was punch someone in the face. I've done the same, and all I got was a night in jail. Same for a lot of people and it's "lol, he mad". A cop does it and you people break out the pitchforks and torches looking for a new witch to burn.

Cops should be held to higher standards. If they break the law they should be punished HARDER than the average person as they are in a position of authority over common people.
 
Because of the nature of what they do, cops need to be held to a looser standard when it comes to assault. They potentially have to subdue or kill other human beings for our safety and their own, and ought to be given broad latitude to determine what is or is not a threat.
 
Because of the nature of what they do, cops need to be held to a looser standard when it comes to assault. They potentially have to subdue or kill other human beings for our safety and their own, and ought to be given broad latitude to determine what is or is not a threat.

What the... Thats like saying a martial artist that knows 500 ways to kill people shouldnt be held as liable for gouging someone's eyes out, crushing their windpipe, and breaking every major combat bone in their body before hitting the ground because they got bitchslapped in a fight.

More cops need to be hired on MORAL values and less "papersmarts" (generating money for the city also). And always be on camera. And held to higher standards.

To me this is all that makes sense because if I was a cop I would have NO problem wearing a visor that constantly recorded my every action. Let the people who are good with writing crap watch that stuff and write crap. Keep good cops on the streets.

A person of authority affects more than most individuals all around. They need to be held to higher standards because more are affected and not simply themselves. They need to be better refined if you will. When a person who guards the popluace begins to put 3 eggs in 5 baskets, or eggs in their own baskets, or crush other peoples eggs they need to be stopped as immediatly as possible.

I personally think that cops should have 1 strike for major issues. If a felon gets 3 strikes (a bad person) why would a good person get the same?

If you had kids. And one always broke the rules and lied and another always told the truth but got caught in a lie would you always believe the good child afterwards? Or would you go, "Eh, that's just the way it works" and punish the bad child at the good child's every word?
 
Because of the nature of what they do, cops need to be held to a looser standard when it comes to assault. They potentially have to subdue or kill other human beings for our safety and their own, and ought to be given broad latitude to determine what is or is not a threat.

Worse than a criminal...a criminal cop with a badge
 
Judge Finds Cop Not Guilty of Assault after Refusing to Watch Video of Assault - | Intellihub.com

Watch the video, and see what Roorda and the cop say about the suspect's behavior.

All 3 -- the judge, the cop, and Roorda, should be made an example of.

Wow, what an insane judge. The man should be fired from his job for failing to do his job. What's next? The judge in the Aaron Hernandez case refusing to admit the video from his home security system because "it was there to protect him from others but not to be used to sentence him in a murder case".
 
More cops need to be hired on MORAL values and less "papersmarts" (generating money for the city also). And always be on camera. And held to higher standards.

A rational level headed cop who is focused on the legal case and unconcerned with morals may be a better choice. I only say this because overly moral people often get very angry at things like others violating their moral values. That anger may result in retalitory strikes like the one we saw. From the cops i have met i have learned that you have to let the morality of the situation go to some extent because you really end up seeing the worst parts of society day in and day out. I could imagine for a person who is overly focused on morals the desire to punish someone a little extra especially when you take into account the reality that lots of guilty people will get off would make you increadibly angry and perhaps willing to violate your own ethics to "make a difference." A rational ethical bent may be better than a moral person.
 
Wow, what an insane judge. The man should be fired from his job for failing to do his job. What's next? The judge in the Aaron Hernandez case refusing to admit the video from his home security system because "it was there to protect him from others but not to be used to sentence him in a murder case".

That is not why legally, that is the interpretation of the poorly written article on why this happened. It would seem the real reason for dropping this was there was no witness to the crime since the victim claimed the fifth and the partner was not willing to interpret things as an assault. Basically it left no one to charge the crime, and the judge could not view the tape and reverse their decision while maintaining the integrity of the case. I am not saying you are wrong to be bothered, and certainly the cop is a dick who doesn't belong on the force, but the law does have limits for a reason, and that reason is your rights so do not be too quick to get rid of them.
 
The Judge is obviously more afraid of what the Cops might do to him, than what the perp is capable of doing.
 
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