Posts filed under Police

By the book

In Escambia County, Florida, a gang of unnamed sheriff’s deputies shot an unarmed, 60-year-old black man 15 times while he was standing in his own front yard trying to get a cigarette from his aged mother’s car, sending him to the hospital with a gunshot wound in his leg. The police lit him up because they barged onto his property at a quarter till three in the morning, came up behind him, drew down on him and shouted at him out of nowhere to get his hands up. When he didn’t react the right way, quickly enough, to bellowed commands of these belligerent, heavily armed strangers, they opened fire on him.

[Roy] Middleton, 60, of the 200 block of Shadow Lawn Lane in Warrington, was shot in the leg about 2:42 a.m. Saturday while trying to retrieve a cigarette from his mother’s car in the driveway of their home.

A neighbor saw someone reaching into the car and called 911. While he was looking into the vehicle, deputies arrived in response to the burglary call.

Middleton said he was bent over in the car searching the interior for a loose cigarette when he heard a voice order him to, Get your hands where I can see them.

He said he initially thought it was a neighbor joking with him, but when he turned his head he saw deputies standing halfway down his driveway.

He said he backed out of the vehicle with his hands raised, but when he turned to face the deputies, they immediately opened fire.

It was like a firing squad, he said. Bullets were flying everywhere.

— Kevin Robinson, Deputies shoot man in his front yard
Pensacola News Journal (29 July 2013)

For shooting an unarmed man standing in his front lawn, who posed no threat to them, the unnamed police officers have been given a paid vacation from their government jobs.

Last Thursday, Florida Escambia County Sheriff David Morgan gave an interview with CNN in which he defended the shooting and the deputies responsible for it, and that it is within standard protocols to open fire because Middleton did not comply with their commands.

According to Florida Escambia County Sheriff David Morgan in a CNN interview Thursday, the police officers who fired 15 shots at 60-year-old Roy Middleton in the driveway of his and his mother’s home acted entirely within their limits in response to a 911 call for a suspected car theft… . On Thursday, Morgan defended the officers’ actions as standard procedure because Middleton “did not comply.” Asked by CNN’s Chris Cuomo how police could justify 15 shots at a 60-year-old man, Morgan said the officers saw a metallic object in Middleton’s hand as he made a “lunging movement” toward them. Middleton explained this in his account: He turned around because he thought the entire thing was a practical joke played by a neighbor.

“Right now we are comfortable from a training perspective that our officers did follow standard protocols,” Morgan said.

— Rebecca Leber, Florida Sheriff: Officers Who Shot Unarmed Black Man In His Driveway Followed ‘Standard Protocols’
ThinkProgress (August 1, 2013).

Let’s suppose that all that is true, for the moment. (There is actually no reason at all to take the police at their word on this, but let’s assume for the sake of argument.) If this overkill shooting of an unarmed man was something that leaves the police comfortable from a training perspective, then what does that tell you about the training? If this overkill shooting of an unarmed man was strictly by the book, what does that tell you about the book?

Non-Lethal Force (Cont’d)

(Via Thaddeus Russell.)

An 18-year-old skater died yesterday after Miami Beach Police officers caught him tagging a building and then Tasered him.

Details about the death are still murky, but what is clear is that Israel Hernandez died before dawn Tuesday morning after cops caught him spray painting near 71st Street and Collins Avenue in Miami Beach. Police have yet to comment on the killing, but an officer near the scene confirmed that cops had fatally Tasered someone. Hernandez’s friends on the Miami Beach skate scene are devastated.

“I just cant believe it,” says best friend Rafael Lynch, on the verge of tears. “I still have his hat and his board. They still smell like him. It’s crazy.”

Update: MBPD has released a statement and incident report confirming that Hernandez died after being Tasered. Police chased Hernandez after catching him tagging a building and used the electronic weapon [sic —RG] when he refused to stop.

— Michael E. Miller, Teenager Israel Hernandez Dies After Miami Beach Cops Catch Him Tagging, Taser Him
Miami New Times (Aug 7, 2013).

From GT 2011-01-28: Non-Lethal Force (Cont’d):

As such, police in general, and police assault forces especially, are trained to enter every encounter with the goal of taking control of the situation, by means of setting up confrontations in situations (no-knock raids, late-night forced-entry raids, etc.) where their chosen targets are most likely to be disoriented and easily terrorized, and by responding with maximal force in the volatile, disorienting confrontations that they create. For the sake of this maximal-force approach, they are equipped with an arsenal of weapons ranging from tasers and clubs to handguns and assault rifles, up to, and including, military helicopters and tanks. Worse, with all these weapons, they have institutionalized a culture of fact-free assertion and lies about highly dangerous weapons that they consider to be categorically non-lethal — and thus to be used as a first resort, in virtually any situation, as long as it might give the cops a tactical advantage over people who they intend to bring under their control (whether or not these people have ever committed any crime at all). These weapons continue to be used with no hesitation and no restraint, and continue to be called non-lethal force, no matter how many people are killed by them. There are, for example, tasers, portable electric torture devices which were originally sold as a less-deadly alternative to using a hand-gun in potentially life-threatening confrontations, but which cops now freely use for as part of pain compliance techniques[1] in everyday confrontations with the public. This would be bad enough on its own, but part of the reason they are used so freely is because they take no real exertion for cops to use, and are consistently billed as non-lethal by police and media, even though there are hundreds of documented cases of people dying after being subjected to repeated taser shocks.

  1. [1] That is, torture.

Auburn police department contact sports

Officers will have 100 contacts per month, minimum … 40 of those may be warnings for traffic, the other 60 will be divided between: traffic citations, non-traffic citations, field interviews and custodial arrests …. Do not be the one that does not get 100.

— Sgt. Trey Neal, Auburn Police Division, Auburn Alabama.
Recorded by officer Justin Hanners, qtd. by Tracy Oppenheimer, Cop Fired for Speaking Out Against Ticket and Arrest Quotas
Reason TV (July 24, 2013).

Oh, hey, look, my hometown’s in the national news again. This time it’s for the contact quotas handed down from the police division’s chain of command. The requirements for ticketing and arrest quotas required more contacts[1] every year than there are people in the city of Auburn. The story has hit the news because Justin Hanners, a former police officer in Auburn, says that he was fired by the police department in retaliation against his objections to the quota policy, and to the over-use of police force and arrests that it was producing. After making some contact with local CopBlockers in Auburn, Hanners got his story to Reason TV.

From the story in the Opelika-Auburn News:

Back in 2010, when Chief Dawson came in, immediately afterward, they started telling us that we had to have two tickets a day and two warnings a day on average and if we didn’t have it, we wouldn’t get promoted, we would get bad evaluations and if we continued to not do it, we would get written up and ultimately fired, Hanners said in a phone interview with the Opelika-Auburn News.

Hanners said he initially wrote a complaint about what he thought of the alleged quotas, but was soon suspended for other reasons and put on bike duty.

They went back seven months on my computer where I told a joke to another officer and suspended me for four days and made me forfeit two days of annual leave, Hanners said, who added the other officer was not punished.

Hanners said while on bike duty, which he claimed involved patrolling the interior of Auburn University, he was still force[d] to comply with the alleged quotas.

By directives, I’m not even supposed to be writing tickets, but my supervisor told me in my bike duty that I had to have just as many tickets as officers in cars, Hanners said.

— Drew Taylor, Former officer claims Auburn police division quotas
Opelika-Auburn News (July 25, 2013)

Since the story came out in the press, spokes-flacks from the city government have issued rote denials and slimy Oh-we-can’t-comment-but… insinuations about Hanners’ personnel file from the City Manager’s office. Assistant City Manager James Buston admits that the sergeant said everything that was on that tape but that it wasn’t official policy. (But, you know, if it were official policy, it’d be O.K., because it’s kind of challenging them to do what they are supposed to do…). The Office of Charles Duggan, City Manager of Auburn, says The message that there is a quota was wrongfully conveyed through supervisory channels to at least one patrol shift — which of course is a long-assed way of saying that there was a quota while denying responsibility for setting it — but insists that there is an unfounded accusation being leveled by Mr. Hanners. Because, when ex-chief Dawson told the city government that this story was going to hit the press, the city government hired another government investigator to look over their records and tell them that all was O.K. Tracy Oppenheimer at Reason responds to the denials here. Public Safety Director Bill James, for example, put the following in writing:

To make 100 contacts, which include among others, traffic stops, issuing warrants, field interviews and arrests, requires about two contacts per shift hour. Making two contacts per hour is not unreasonable and still seems to leave a lot of time to perform other duties that are detailed in your job description. Your supervisors as well as I have an expectation that each employee needs to be productive during their time on shift.

— Auburn Public Safety Director Bill James, Re: Grievance
Correspondence with Officer Justin Hanners (November 20, 2012)
Quoted by Tracy Oppenheimer, Auburn Cop Fired for Resisting Quotas Gets Online Support; City Officials Deny Deny Deny

Buston also claims that Reason did not offer the city government an opportunity to respond before they put the video together. Oppenheimer’s story shows that this is false, and that Capt. Tom Stofer of the Auburn Police Division specifically said that the Division refused to comment. As for the insinuations about Hanners’ personnel file, besides the note about the retaliatory shift to bike duty, here’s some more elaboration on what happened to him.

“Well, the day my grievance was over, I get called into the Chief’s office, and was told that some evidence I presented was from an internal affairs investigation and the gag order had been placed and I wasn’t supposed to have it. So then the Chief, who is the suspect in my grievance, now starts an internal affairs investigation into me and my partner to see if we somehow compromised his own investigation into his own wrongdoing where he had found he had done nothing wrong. So in this investigation, they found that we had violated a gag order and that I had violated the city’s reporting policy by reporting these people. And they ultimately fired me for it and suspended my partner who gave me a statement that said everything I was saying was true.”

— Justin Hanners, qtd. by Tracy Oppenheimer, Auburn Cop Fired for Resisting Quotas Gets Online Support; City Officials Deny Deny Deny

Here as elsewhere, cops protect their power. Support your neighborhood CopWatch.

  1. [1] When you hear about police departments setting requirements for making contact with individuals on Auburn streets and sidewalks just think of contact in the sense that ice hockey or American football are contact sports.

Wednesday Lazy Linking

  • Marketplace (May 9, 2013): Does fair trade clothing help the consumer and the retailer?: NPR’s Marketplace features a short story on Fair Trade certification for clothing, and efforts to address the working conditions in Bangladesh sweatshops. Along the way, there’s a couple quotes from my co-editor on Markets Not Capitalism, Gary Chartier, about the supply-chain practices that many clothing-industry TNCs use to displace responsibility and insulate themselves from accountability for lethal working conditions in their factories.

  • Cathy Reisenwitz @ Sex And The State (May 15, 2013): Fighting Sexism, Sexily I’ve long contended that libertarians have a habit of downplaying or denying certain problems when they don’t like the proposed solutions. For example, when people talk about sexism, or the wage gap, it’s common for a libertarian to retort that the wage gap isn’t real, or can be explained by individual choices. I understand this desire to avoid the coercive solutions many people suggest for fighting sexism . . . The thing is, Rothbard was super bothered by a state monopoly on force. We libertarians need to get really bothered by sexism. And then we need to come up with cultural, and not state, solutions. . . . (With an example of creative thinking and guerrilla theater, featuring a cheesecake pin-up poster of Bro-sie the Riveter.)

  • Marja Erwin (May 2, 2013): Trans Politics and Colonialism: A Few Questions?. Read the whole thing.

  • Marja Erwin (April 23, 2013): I still think market anarchism has a lot to contribute to the rest of anarchism. This too. I think it’s important to have a system where people can communicate what they need, and what they want, and what they don’t need, and what they can do to help, and I think it’s important to have systems where people can work things among themselves, if for some reason they can’t work things out through the community or union or federation orgs. . . . (Against all monopolizations of social capital.)

  • Mark Stoval @ On the Mark (May 7, 2013) claims that he is going to take A look at Mutualism. In comments, Roderick Long points out that he ought to have looked harder. Or, really, tried looking at any mutualist writing at all, rather than just doing what he seems to have done, which was to scan ahead until he reached a fixed phrase (labor theory of value, occupancy and use) that convinced him that he already knows everything that he needs to know about the rest of the book. Nearly everything that Mark claims about Mutualists is a ridiculous travesty of Kevin Carson’s views; and evidence that he knows nothing about Mutualists other than Kevin Carson. But Roderick’s intervention in the comments section is right-on.

  • Forbes (May 15, 2013): Suit Alleges IRS Improperly Seized 60 Million Personal Medical Records. You know what the worst part of this story is? The part about having an Internal Revenue Service, to surveill daily expenses and seize personal data, all in order to investigate and police tax payments. Seriously, there is no possible way to square that with basic civil liberties, and it ought to be abolished.

  • BBC (May 6, 2013): Lauryn Hill jailed for tax evasion. Partly this is a story about the government’s tax-policing. Partly it’s a story about the financial traps that are imposed by the structure of state capitalism, and the ways in which tax structures systemically confine people — both very wealthy people, like Hill, and very poor people as well — to high-liquidity, cash-producing business and employment. The Grammy-winning singer, 37, also faces three months of home confinement, after pleading guilty last year. Hill failed to pay taxes on about $1.8m (£1.2m) of earnings between 2005-07. In a statement to the judge, Hill said she had intended to pay the taxes but could not after withdrawing from public life and ending her music career to raise her children. . . . I am a child of former slaves who had a system imposed on them, Hill said in court. I had an economic system imposed on me. Free Lauryn Hill and all political prisoners.

  • Dominic Gover, International Business Times (May 7, 2013): Lauryn Hill Blames Slavery as She’s Jailed for $500,000 Unpaid Tax Bill. Oh by the way, did I mention that the judge is also forcing Lauryn Hill to undergo counselling because of her conspiracy theories [sic] as a condition of her plea? Where conspiracy theories means political dissent from the status quo.

  • Jim Epstein @ reason.com (May 7, 2013): Government Assault on the Chinatown Bus Industry Fueled By Bogus Federal Study. In which the government takes care of Greyhound’s competitors for them, using an error-ridden bogus safety study, which uses Greyhound’s own crashes to prove that their curbside competitors are less safe. The study is like a matryoshka doll of clumsy errors and statistical malpractice; every time you spot them one error and set it aside for the sake of argument, you find another error, just as atrocious as the last one, nested inside of it.

  • Home School Legal Defense Association (May 14, 2013): German Family Denied Asylum, HSLDA Appeals. The judge’s decision to deny asylum is appalling. From the press release: The court said that the Romeikes had not made a sufficient case, and that the United States has not opened its doors to every victim of unfair treatment. Well no, no they haven’t. But they say that like it ought to be a problem for the victims of unfair treatment. Actually, it is a problem with the United States, which needs to stop acting as a gatekeeper and get out of the way. It is appalling that any peaceful immigrant should be turned away, for any reason. Solidarity with all people without papers, and all immigrants without status.

  • Free Adam Kokesh (May 20, 2013): Adam Kokesh Accused of Felony Assault on Federal Officer — No Bail Yet: It looks pretty clearly like he is being held on a vacuous detained-by-will-of-the-cop charge — in this case, resisting arrest and assault on a federal officer — for getting himself shoved by a Federal Officer and then grabbing the arm of the dude who was physically attacking him. His hearing is set for Thursday; in the meantime he is in contact with his attorney but has been denied the opportunity to make phone calls (content warning: Alex Jones links, feh).

  • DinoGoss (May 11, 2013): The Validity of Lambeosaurus — Anybody Know A Good Lawyer? I Am Not A Taxonomist, but I’m inclined to think that if your system would throw out Lambeosaurus at this point in favor of Didanodon altidens that’s probably a problem with your naming system not a problem with current use of Lambeosaurus.

  • Lucy Cooke @ Vimeo (February 8, 2013): BUCKET OF SLOTHS. Exactly what it says on the tin.

War on the Informal Sector (Cont’d)

Here is some moderately good news about a ridiculously awful story, from Occupied Las Vegas:

Three years after a confrontation between Las Vegas police and a costumed street performer in front of The Venetian spawned a lawsuit, the Police Department has agreed to settle with Zorro for $105,000.

Jason Perez-Morciglio, who performs as Zorro on Las Vegas streets, and his brother, Sebastian Perez-Morciglio, sued in June 2010 after they said Venetian security officers kidnapped and detained them for more than an hour on Jan. 15, 2010, before kicking them off the property. The brothers also alleged that Las Vegas police officers illegally handcuffed and searched them at the resort.

These security guards handcuffed the brothers, searched their persons and belongings, demanded identification, and photographed them, the lawsuit documents said.

On Monday, The Metropolitan Police Department’s Fiscal Affairs Committee agreed to pay the brothers $105,000, something that Clark County Commissioner Steve Sisolak, who sits on the committee, thinks was the best option to avoid negative exposure for the department. The potential cost could have been significantly more, Sisolak said. . . .

For the American Civil Liberties Union of Nevada, which provided general counsel for the brothers in the lawsuit, the impact of the settlement transcended monetary value.

The main thing in the case is that it was never about the money. It was about verifying again that the sidewalks in front of the hotels are a public forum, and the people have a right to First Amendment activity there, said Allen Lichtenstein, general counsel for the ACLU of Nevada.

According to Sisolak, accompanying the settlement was what he called a clearer and more definitive policy on how officers will handle street performers on the public sidewalks.

— Colton Lochhead, Las Vegas police settle lawsuit with street performer,
Las Vegas Review-Journal (April 22, 2013)

Also.