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Rapists on patrol

I’m in San Antonio, visiting family for the holidays. This is not the sort of story that I had hoped would greet me on the local news.

2 SAPD Officers Face Oppression Charges

SAN ANTONIO — Two San Antonio police officers were charged Thursday with official oppression in connection with an incident involving a woman.

Victor Hugo Gonzalez, 36, a six-year veteran of the force, was also charged with promotion of prostitution and sexual assault.

Police Chief William McManus said that Gonzalez propositioned and sexually assaulted an 18-year-old woman while on patrol at a park near Riverside Golf Course in June.

McManus also said that woman was forced to commit a sex act for a friend of Gonzalez.

Also charged with official oppression was Michael Anthony Munoz, 33, a five-year veteran of the force.

McManus said that Munoz groped the woman and stood watch for Gonzalez.

KSAT San Antonio (2007-12-20): 2 SAPD Officers Face Oppression Charges

Wanted SAPD Officer Surrenders To Police

SAN ANTONIO — A third San Antonio police officer charged with sexually assaulting of a woman turned himself in to authorities early Friday morning.

Raymond Ramos, 28, turned himself in Friday morning on charges of sexual assault, civil rights violations and official oppression in a Nov. 11 incident involving a 28-year-old woman.

Police investigating Ramos' incident came across information that led to the Thursday arrests of two other officers in a separate incident.

All three officers – now out on bond – worked overnight patrol out of the Southside substation.

— KSAT San Antonio (2007-12-21): Wanted SAPD Officer Surrenders To Police

To their credit, the police department and the D.A. are, for the most part, treating these as serious crimes; that’s better than you can say for some police departments. The cops believed the complainants enough to charge the officers, the arrested cops have been taken off of patrol duty while the indictment is pending (although they have only been transferred to desk jobs; why not just put them on leave entirely?), and the D.A. says that she plans to seek indictments from a grand jury by next month. On the other hand, the boss cops still insist on talking about these rapists in terms of Yet Another Couple of Isolated Incidents — a way of talking about it that takes these particular crimes seriously while also guaranteeing that crimes just like these will keep on happening over and over:

Wednesday's arrests bring the total of police officers arrested in 2007 to five, four of whom worked out of the Southside Substation on the 700 block of West Mayfield Boulevard.

McManus called Thursday's allegations disturbing, but he also said that all officers should not fall under the umbrella of a few who might have broken the law.

McManus said an officer at the substation was the one who brought the allegations to his attention after a woman complained to him about an officer assaulting her.

These types of incidents are not only embarrassing, but frustrating, and they do make you angry, McManus said. By no means are we going to tolerate it, by no means are we going to soft step it.

— KSAT San Antonio (2007-12-20): 2 SAPD Officers Face Oppression Charges

What as at stake here has a lot to do with the individual crimes of three cops, and it’s good to know that the police department is taking that very seriously. But while excoriating these three cops for their personal wickedness, this kind of approach also marginalizes and dismisses any attempt at a serious discussion of the institutional context that made these crimes possible — the fact that each of these three men worked out of the same office on the same shift, the way that policing is organized, the internal culture of their own office and of the police department as a whole, and the way that the so-called criminal justice system gives cops immense power over, and minimal accountability towards, the people that they are professedly trying to protect. It strains belief to claim that when a rape gang is being run out of one shift at a single police station, there’s not something deeply and systematically wrong with that station. If it weren’t for the routine power of well-armed cops in uniform, it would have been much harder for Victor Gonzales, Anthony Munoz, or Raymond Ramos to force their victims into their custody or to credibly threaten them in order to extort sex. If it weren’t for the regime of State violence that late-night patrol officers exercise, as part and parcel of their legal duties, against women in prostitution, it would have been that much harder for Gonzales and Munoz to imagine that they could use their patrol as an opportunity to stalk young women, or to then try to make their victim complicit in the rape by forcing her to pretend that the rape was in fact consensual sex for money. And if it weren’t for the way in which they can all too often rely on buddies in the precinct or elsewhere in the force to back them up, no matter how egregiously violent they may be, it would have been much harder for any of them to believe that they were entitled to, or could get away with, sexually torturing women while on patrol, while in full uniform, using their coercive power as cops.

A serious effort to respond to these crimes doesn’t just require individual blame or personal accountability — although it certainly does require that. It also requires a demand for fundamental institutional and legal reform. If police serve a valuable social function, then they can serve it without paramilitary forms of organization, without special legal privileges to order peaceful people around and force innocent people into custody, and without government entitlements to use all kinds of violence without any accountability to their victims. What we have now is not civil policing, but rather a bunch of heavily armed, violently macho, institutionally privileged gangsters in blue.

More Isolated Incidents:

International apartheid in Roswell

According to the ruling elite and the rank-and-file of bellowing Know-Nothing busybodies, all the people of the world must be segregated according to their nationality. If they won’t stay in their place voluntarily, then the government had better make them stay there through paramilitary lockdowns at national borders and rigid enforcement of a state-imposed passbook (visa, passport) system to control where people can live and work, which is to say a system of government permission slips for existing, which provides a mechanism for the state to track and control those who go through official channels, and a mechanism for detecting, arresting, jailing, and exiling peaceful residents from the communities that they now call home when they cannot meet some presumptuous government official’s demand for Ihre Papiere, bitte. Those who stand up for this despicable system of coercion and control — some of whom embrace it whole-heartedly out of unapologetic race hatred or inquisitorial theo-nationalism, and some of whom do the same damage by making half-hearted Sensible Liberal excuses based on an illusory need for control or the chauvinistic ideal of assimilation — are all promoting a government-imposed system of discrimination and rigid segregation in housing, employment, education, and civic life, supported by government surveillance, enforced through government violence, all in the name of an illusory national unity or integrity that depends, at the bottom, on having the government presumptively treat outsiders (even those outsiders who have been living and working inside for years) as more dangerous, more likely to be criminal, more unsanitary, less deserving of security in their persons and effects, less worthy of a happy life, and less deserving of simply being left in peace than the native-born, solely on the basis of their nationality. That is to say, treating them as if their lives and homes and livelihoods were worth less than nothing–just so much foul-smelling garbage to be removed at the first opportunity.

It’s precisely this sort of immorality — the elevation of state control or belligerent nationalism over common decency towards peaceful people — that has been put on display recently in Roswell, New Mexico, with the arrest, jailing, expulsion and exile of Karina Acosta, a pregnant high schooler who was ready to graduate in the spring, because the immigration law, which is nothing but Jim Crow imposed at the level of nationality, forbids her from attending an Estadounidense school, and Student Resource Officer Charlie Corn, the pig-in-residence at Roswell High School, decided to take the opportunity of a minor traffic violation pull her out of class, arrest her, and then snitch on her to La Migra, so that they could jail her and force her out of her home, away from her family, and back into her place.

U.S. immigration officials deported a pregnant Roswell High School senior after she was pulled from class Wednesday by a local police officer regarding a traffic ticket issued days before.

According to Roswell Police Chief John Balderston, Karina Acosta, 18, was given several days to provide proper identification after being cited for a parking violation and driving without a license on Nov. 29 but failed to do so.

RHS Student Resource Officer Charlie Corn, a 10-year RPD veteran, removed Acosta from class Dec. 5 regarding the traffic violation and detained her at the school before notifying U.S. immigration officials of her illegal status, according to Balderston.

Acosta, who is five months pregnant, was transported to the Chaves County Detention Center, put on hold by the INS and later deported to Mexico, according to Balderston.

In the course of an investigation, if we determine that someone is not here legally, we will contact INS and tell them what their status is, he said.

Worried about the deportation of the girl and the future security of other illegal immigrant students at RHS, Acosta’s mother and nearly 50 members of the Hispanic community gathered at the RHS Little Theater, and later the Roswell Police Department, to voice their concerns.

The kids are scared now because this thing happened, so we need your help, said Maria Rodriguez to Balderston during a meeting in an RPD conference room Friday afternoon.

At the meeting, Balderston listened to complaints about Corn, including allegations he targets Hispanics. Balderston agreed to meet further with representatives from the Hispanic community and Corn in an effort to ease relations and eliminate any problems or misconceptions that might exist.

If you don’t trust us then we need to do some more work here, said Balderston, who will retire Jan. 4.

Roswell Independent School District Assistant Superintendent Mike Kakuska said the RISD has officially protested Acosta’s arrest with the INS and the Mexican Consulate.

We are very, very concerned as a public school as to what happened the other day, said Kakuska, addressing a group of about 50 parents who gathered at RHS Friday morning. The police officer, without our knowledge, had this young lady brought into his office here at school and the detain orders were issued through him, not the Roswell schools.

— Richard Jacques, Roswell Daily Record (2007-12-08): RHS senior deported; parents concerned

The good news is that Charlie Corn and all the other pigs-in-residence have been removed from Roswell city schools. The bad news is that Karina Acosta is still stuck in Mexico, away from her family, her home, and her school. And the Roswell cops will do it again, by God, just as soon as they get the chance:

In the lengthy open meeting that lasted more than one hour, Kakuska and other school officials, including RHS Principal Brian Shea, answered questions and notified those in attendance that Corn has been removed as an SRO.

The Roswell Independent School system did not support the decision of this officer to have this young lady arrested, said Kakuska.

In a joint decision by the RPD and RISD, all SROs have been removed from RISD schools. Both Balderston and Kakuska maintain that despite the incident, no contention exists between the RISD and the RPD.

We’re going to work through this and I wish I can say that it’s not going to happen again, but I can’t. The officers are going to enforce the law, said Balderston.

School officials said Acosta was on course to graduate in the spring.

— Richard Jacques, Roswell Daily Record (2007-12-08): RHS senior deported; parents concerned

Just remember: it doesn’t matter to these people how good a student you are, or how hard you’ve worked, or what a decent and productive member of your community you are, let alone — ha, ha — the mere fact that you are an individual, irreplaceable human being who has the right to expect a certain level of dignity, decent treatment, and basic humanity from your neighbors and from your brothers and sisters in other communities. What matters is The Law, and the coerced integrity of a segregated nation, and the power of the world’s governments to each keep their own herd properly corralled and branded. To hell with that idiot notion. Smash international apartheid, now and forever.

(Story thanks to brownfemipower 2007-12-11.)

Law and Orders #4: Wichita cops take control by shocking a deaf man for not following orders he couldn’t hear

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 an unnecessary goal. In order to coerce compliance with their arbitrary orders, they have no trouble electrifying small children, 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 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. 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 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. 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 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.

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 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 comments at The Agitator, Robert, referring back to John Gardner’s taser assault on Jared Massey, gets the situation exactly right:

Seriously though, I'm much more worried about being tased by some overzealous cop that has had a bad morning than I am about being assaulted by a real criminal. Maybe I just read this blog too much.

MikeT makes a good point. Take the video of the guy stopped in the construction zone. Granted, arguing with a cop is stupid (you've got a pretty good shot at getting tased), but how would people have reacted if the guy had turned around and the cop took out his nightstick and gave the guy a couple of kidney shots with it?

Cops’ contemptuous indifference to anything other than their own domineering control of the situation, and their hair-trigger readiness to start shocking in order to coerce compliance, has led to predictable results over and over again. In California, a gang of three cops pepper-sprayed, and tasered, and beat the hell out of a 17-year-old non-verbal autistic teenager for failing to obey commands that he didn’t have the linguistic capacity to understand. In Alabama, a gang of cops tasered a man who was unable to respond to their commands because he was half-conscious from a diabetic episode. And this week, in Wichita, Kansas, a gang of cops forced their way into a deaf man’s house, found him coming out of the bath wearing nothing but a towel around his waist, and promptly immobilized him with painful electric shocks for failing to follow bellowed commands that he could not hear. At the time he was shocked, Donnell Williams was holding his hands to his ear and yelling I can’t hear!

As always, The Incident Is Being Investigated. But the people doing the investigating are more cops, i.e., people who have a personal and professional interest in making sure that they and their buddies aren’t subject to any particular kind of standards whatsoever in the use of force. Here’s how that’s going:

Officers were worried about their own safety because at the time it appeared Williams was refusing to obey their commands to show his hands. That’s when they shot him with a Taser.

Deputy Chief Robert Lee of the Wichita Police Department says, This one occurred on the worst of calls, that being a shooting. The first few minutes getting control of the scene are very, very important.

Once the facts were all sorted out, officers repeatedly apologized to Williams. Police wish it never happened, but with the information they had at the time, their choices were limited.

Do I wish there would have been some way they were notified in advance this gentleman was hearing impaired? I certainly do. No one is happy with the way it worked out, says Lee.

— Michael Schwanke, KWCH (2007-12-03): Hearing Impaired Man Tased by Police

In other words, nothing is going to happen as long as the cops can manufacture the flimsiest possible excuse that a half-naked man with no pockets or anywhere else to conceal a gun might be posing a threat to the safety of several cops with their weapons already drawn, or that they just had no way of knowing that a man is deaf when he’s pointing to his ears and yelling I can’t hear! Gosh but the boys in blue feel mighty sorry, but of course they’re not going to do anything about the fact that they tortured an innocent man over a complete mistake.

In real life, outside of government power trip la-la land, if you or I did something like that we would be expected to take some minimal responsibility and pay to make it right for the victim of our fuck-up, even if our options seemed mighty limited at the time. But since these guys are on the State’s official goon squad, some crocodile tears and an Oops, my bad will have to do.

(Story via Radley Balko 2007-12-04.)

Further reading:

Men in Uniform

Somewhere in Alabama, an all-male gang of elite cops from New Jersey spent some down-time from protecting and serving by getting off on sexy drunken displays of power and violence.

HOBOKEN, N.J. — The Hoboken Police Department’s SWAT team has been disbanded, just days after officials learned of racy photos showing the unit’s commander and other officers cavorting with waitresses from a Hooters restaurant in Alabama.

Judging from the selection from the photo slide show, it seems that these photos involve more than just a trip to Hooters, and include some that are more explicit than just racy.

On the same day Hoboken’s new public safety director was sworn in, he gave the city’s police chief orders to disband the SWAT team and to order the lieutenant at the center of the controversy to desk duty.

After seeing the photos of Lt. Angelo Andriani and other members of the Hoboken police SWAT, newly appointed Public Safety Director Bill Bergin said he had to act decisively.

Bergin listed his reasons for disbanding the SWAT team in a phone interview with Newschannel 4’s Pei-Sze Cheng: The brazenness of the whole situation, because everything in the photographs, which I was shocked at, had Hoboken all over it, from the uniforms, to the police car, the bus that was involved.

Bergin ordered the police chief to disband the SWAT team and to have Andriani return from his extended vacation and assign him to desk duty immediately.

The photos were taken last year on a return trip from Louisiana, where the Hoboken officers helped with the Hurricane Katrina relief effort.

They show the waitresses holding shotguns and other weapons belonging to officers under Andriani’s command.

— WNBC (2007-11-16): N.J. SWAT Team Disbanded After Racy Hooters Photos Emerge

Elsewhere in New Jersey, another man in uniform, Anthony Senatore, used his power as a professional narc to extort sexual favors from a woman he’d pressured into becoming a drug informant. Then, after she tried to put a stop to it, he stalked her, forced his way into her house, and raped her. After his victim filed a lawsuit, Senatore was reassigned to a desk job. Although the boss cops and everybody else do concede that Senatore repeatedly exploited his position to coerce sex from the woman, the state A.G. has decided to sweep it under the rug and declined to prosecute on the rape charge. This, apparently, is what passes for having found no wrongdoing on the officer’s part in the eyes of the (male) mayor and the (male) police chief.

JACKSON — The state Attorney General has decided not to prosecute a police detective who is accused, in a civil lawsuit, of raping a drug informant in 2005 and impregnating her with a son who was born eight months later, township officials confirmed Wednesday. Advertisement

The lawsuit filed last year by the informant, identified only as Jane Doe, still is pending in federal court. However, Mayor Mark A. Seda said Wednesday that the attorney general’s decision exonerates Officer Anthony Senatore.

Apparently they found no wrongdoing on the officer’s part, Seda said, adding that Senatore remains on the Jackson force but is no longer a detective.

According to the lawsuit, Senatore enlisted Jane Doe in April 2005 as a drug informant, in exchange for money and prosecutorial considerations for her children and estranged husband, all of whom have been investigated by the Jackson police.

But soon after Jane Doe became an informant, the detective’s behavior changed, according to the suit.

By means of intimidation, threat, harassment, coercion and/or promises of judicial and prosecutorial consideration for plaintiff and her family, Senatore repeatedly propositioned and solicited plaintiff for sexual relations from late April through July 2005, the suit alleges.

During that time, he had sex with her in her home, in police vehicles and in wooded locations in and around Jackson, according to the suit.

When Jane Doe tried to break off the relationship, Senatore’s deviant, predatory behavior intensified, culminating in a savagely brutal rape in her home on July 25, 2005, according to the suit. As a result of that rape, the plaintiff became pregnant and gave birth to a son March 26, 2006, according to the suit.

The suit accuses the township, the police department and then-Public Safety Director Samuel DiPasquale of permitting and encouraging police officers, including Senatore, to sexually harass and have sex with female informants, female defendants and other women they encountered while on duty.

In case you were curious, this is how seriously the boys in blue take their job of protecting you and me from all the weirdoes and creeps running around out there:

Shortly after the suit was filed, Senatore was removed from the detective bureau and placed on administrative duty where his only responsibilities included paperwork, the mayor said.

Senatore is now back in circulation as a patrolman, though, because the police department is short staffed, Seda said. He did not know whether the officer will be reinstated to the detective bureau.

But don’t worry. They are seriously concerned about how this predator’s pattern of bullying, sexual harassment, sexual coercion, and rape against a woman substantially under his legally-backed power — which they dignify as a relationship with an informant — will adversely affect their P.R., and maybe a court case. Senatore may be back patrolling the streets, but hey, they might consider adding a couple of clauses to their internal policies.

When an officer’s character is in question, it puts us at risk, Seda said. We didn’t want to give any criminal a loophole to get out of charges.

… With the Attorney General’s investigation complete, the town and the police department are looking into how Senatore was able to take advantage of his job and engage in a relationship with an informant [sic], Seda said.

That’s certainly something we wouldn’t want to see happen again, the mayor said. We’re looking at our policy internally to see what we can do to prevent that.

— Fraidy Reiss, Asbury Park Press (2007-11-08): Detective won’t be prosecuted; Detective won’t be prosecuted

(Stories via Lindsay Beyerstein 2007-11-17 and ACLU Blog 2007-11-17.)

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:

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