In Lawrenceburg, Indiana last week, Kayla Irwin, a young single mother, got served and protected by a paramilitary police attack squad:

A SWAT team raids the wrong home in Lawrenceburg, Indiana, now the homeowner wants some answers.

Police said they were led to the Village Apartments on the trail of fugitive Sean Deaton.

Convinced he was inside apartment 407G, the Lawrenceburg SWAT unit surrounded the building.

It looked like they were ready to go to war, one neighbor said. Some of the ones out here had AR15’s and shotguns.

Neighbors said police spent hours, ordering Deaton to surrender.

But when that didn’t work, they responded with tear gas and forced entry.

— NBC News: SWAT Team Mistake Leaves Woman’s Home Wrecked

Only one problem. It turns out that the reason he didn’t come out to surrender is because he was never fucking there in the first place. They had the wrong apartment.

It looked like my apartment was on fire. The smoke was just blowing out of my windows, Kayla Irwin, the tenant of 407G said.

Irwin, a single mother of two, said she is unable to live in her apartment and didn’t even know the man police were searching for.

Now, she said, she has been left with the mess and no apology.

It’s all covered with poison. I don’t know where to start over with two kids, said Irwin. How do you start with replacing the items that your kids have had since the day they were born?

— NBC News: SWAT Team Mistake Leaves Woman’s Home Wrecked

You can see what the assault squad left when they were done in the video news story. The windows are all boarded up. The inside looks like a disaster area. The reporter who did the story still couldn’t stay in the apartment for long before the lingering tear gas residues made it intolerable to stand inside. Ms. Irwin’s neighbor, Emanuel Brightwell, a soldier who had just come back from clearing landmines in Iraq, said that he’d never seen anything like it, and that while the cops were ransacking her place, it looked like they were enjoying what they were doing. They did not need to do all this.

Irwin said she appealed to the police, but hasn’t gotten anywhere.

They basically just said, sorry for the inconvenience. Go ahead and clean it up. Clean up our mess, Irwin said.

She said she’s had to borrow everything from family in the week since the incident.

She also said she can’t stay in the apartment because of the acrid gas residue.

An assistant chief and another officer were at the Village Apartments talking to Irwin telling her that they would try to get some money so she could clean her clothes and furnishing on her own.

This is the first time this has happened. I’m surprised the incident has not been remedied. We will take care of it the best we can, the assistant chief said.

— NBC News: SWAT Team Mistake Leaves Woman’s Home Wrecked

Note that the boss cops had refused to do this, and barely even offered an apology for the damage that their own employees had caused, until the local TV news got involved. Once a reporter called the police department for a statement, it took about 30 minutes for an assistant police chief to make his way down to her apartment complex and make some vague offers to try and rustle up some petty cash to help her get her clothes and furniture cleaned.

In the real world, outside of statist power trip la-la land, when you fuck up somebody’s life like that and trash their house, all due to a mistake, you pay for what you did. That’s how civilized people step up and try to make it right. At a minimum, that would mean paying her expenses and her rent for the time she was unable to live in her own home, paying for a professional cleaning of the apartment, paying to replace anything that their goon squad destroyed, and paying restitution for the family pet that they killed in the process. Also, in the real world, when you have make this kind of thing right, you pay for it; you don’t just get to send a bill to a bunch of unwilling third parties who never agreed to get involved. Here, the people who pay for it should be the cops who trashed her house and the police commanders who ordered them to do it. And I mean pay for it out of their own personal accounts. Of course, public servants that they are, they will instead pass along whatever costs their fuck-up may incur straight to a bunch of innocent taxpayers who had nothing to do with the raid.

If you want to know why cops keep forming heavily-armed elite goon squads, and keep on indulging in this sort of macho paramilitary dick-swinging exercise, no matter how many times they end up ruining, hurting, or killing innocent people in the process, well, that’s the reason right there.

(Story via Karen De Coster @ LewRockwell Blog 2007-11-21.)

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 by the mainstream media, while a chorus of sado-fascist bully boys in the newspapers, talk shows, and the Internet will smear the victim and howl for the obliteration of any notion of restraints on the use of force in securing compliance with police demands. Then they will sanctimoniously explain how cops need to be able to shove you around and then beat and torture you with impunity so that they can protect you. Whether or we ever wanted or asked for their protection in the first place.

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. Now, in fact, 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. They often do so even when the supposed offense that they’re responding to is completely trivial; they often start tasering, or keep on tasering, after their victims have already been rendered helpless by the circumstances or by an earlier use of force. 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 50,000-volt human prods in just about any situation, with more or less complete impunity. In those rare cases where media criticism, mass riots, or a lawsuit does force some minimal accountability on the police force, the handful of low-level officers who face punishment are portrayed as bad apples and the whole thing is written off as yet another isolated incident.

Last week, the latest isolated incident came to light thanks to a pending lawsuit and a dash camera video posted on YouTube. John Gardner, who works for the Utah Highway Patrol, pulled over Jared Massey on U.S. highway 40. Here is what happened:

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.

— Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube

The newspaper account omits that at this point Massey is screaming in pain. While the cop kneels and handcuffs him, he gives Massey a lecture about how he should’ve followed my instructions.

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

Gardner’s response was to sanctimoniously tell Massey, who never made any threatening motion, and who hardly even raised his voice until a weapon was pointed at him, that No, you’re a little excited, because you weren’t following my instructions. As he marches Massey to the police car, and informs him that he’s going to jail, Massey demands to be read his rights. The officer’s response is to threaten Massey with another shock from the taser. Please note that, at this point, Massey is already handcuffed and has done nothing other than talk back.

The video concludes with a demonstration of the cavalier buddy-buddy culture of policing:

When a backup officer arrives on the scene and asks Gardner what happened he tells them Massey took a ride with the Taser.

Oh, how was it? the unidentified officer asks.

Painful, isn’t it? Gardner responds.

— Geoff Liesik, Deseret Morning News (2007-11-21): Trooper’s Taser use pops up on YouTube

After they’ve finished jeering at their handcuffed victim, the other cop asks what happened, Gardner tells some plain lies about the sequence of events, and gets a clap on the back for his efforts. Meanwhile, the bellowing blowhard brigade chimes in in the reader comments:

This reminds me of what is wrong with America, and what, if not rectified will be the recipe for our demise. Respect. I could go on and on, but suffice it to say, I was taught to respect authority. That meant my elders, law-enforcement, teachers, whatever. Kids now have this sense of entitlement that is unmatched anywhere else on this Earth. They think that if they make a mistake they can just hit the ‘reset’ button like on their video game and start over. Well, life is not like that. There was once what is called the Greatest Generation. This is not it. What we have is the Worst Generation. No wonder other countries hate us. We are gluttons in every thing we do. This sniveling little brat needs the full measure of the law brought against him and that trooper needs a pat on the back for doing his job. I’m still dumbstruck by this. To have it called into question like the officer was in the wrong. WAKE UP MORONS! It’s not the teacher, the officer, the bus driver, or etc. IT’S YOUR KID.

—Erick, 12:44 a.m., 21 November 2007

Accept to sign the paper … Than between a trooper and a driver could be argue, misunderstand, etc. Next step to see a judge to have speeding charge or dismiss the ticket, which the judge, the driver and the trooper have neutral and work together. The trooper has a reason is protect himselif when the driver was too close to him. (the school or the trooper training trained him the rules).

–Anonymous, 6:17 a.m., 21 November 2007

Those officers out in the desert put their lives on the line every day. They don’t know when stopping someone if they are a housewife or a murderer. If an officer places you under arrest you don’t turn around and walk away. The guy was way out of line. Sign the ticket and fight it in court.

—not right, 8:28 a.m., 21 November 2007

I think releasing the video is Massey’s way of testing the waters for his lawsuit. But as he should see, he’s not getting everyone on his side. He started the who incident by his disobedience to an officer. He left the officer no choice, and a jury will see that.

—Testing the waters, 9:04 a.m., 21 November 2007

As for some requirement to show him the sign I have never heard of anything of the sort. The kid kept ranting about his rights. Funny. Too much tv for him

—Relax, 9:44 a.m., 21 November 2007

Please also note that attempting to ask a police officer a question constitutes resisting police, and that a 50,000-volt electric shock is just a natural consequence of the resistance. Cops certainly haven’t any discretion in whether or not to escalate the use of force:

It amazes me that people think that they can resist police and expect to not suffer the consequences. The man was willfully disobeying a lawful command from an officer, and got tasered for it. Why should anyone be surprised? If it were otherwise, everyone would be non-compliant towards officers. If the guy felt that he was being ticketed erroneously, he should have fought his battle in the courtroom, not on the street.

—Jim, 7:42 a.m., 21 November 2007

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:

Everyone knows you can’t approach a cop from behind, especailly after you have refused to sign the ticket (which you have to do). Then you walk away when he tells you 4 times to put his hands behind his head. The taser wasn’t called for, and then the reason why he was getting pulled over was shady for sure. And the cop started to lie to the other officer in the video about what happended. Both in the wrong, but the kid posed a clear threat by walking behing the officer (twice in fact). STUPID!!!

—Both are in wrong!!, 7:32 a.m., 21 November 2007

From the video I saw, the guy deserved it. He was ignoring orders, started to walk back to his car and started to put his right hand in his pocket. I can see why the officer wanted to end his refusal to obey right then. It’s easy to see that the officer might have been concerned that the guy was going to reach for a gun, or go get one from his car, or just get in his car and take off. Had the driver obeyed, there would have been no need for the Taser. But, looks to me like he asked for it. No sympathy from me.

—Deserved it, 8:41 a.m., 21 November 2007

It is pretty apparent from the you tube video that the gentleman that was tasered was not cooperative with the officer. While he had a right to ask the questions he asked, he has a responsibility to follow the directions given him by police. I stand by the officer; when someone chooses to act the way this gentleman did, and place an officer in a situation where he may feel at risk, that person has to accept the consequences for his actions.

—Derek, 9:19 a.m., 21 November 2007

Third, you start walking away from a cop that is telling you that you’re under arrest, expect something bad to happen.

—l, 10:11 a.m., 21 November 2007

I think the officer was well within his rights to protect himself. When a command is given, you obey it? If you don’t then it is considered not compliance, then you fry them.

—Funny, 12:58 p.m., 21 November 2007

Meanwhile, an anonymous contemptuous thug asks:

OK all you couch-Cops, once the guy refused the cop’s orders and was walking back to his car, clearly to drive away, what do you think the cop should have done? Some how, some way, he had to keep the driver from doing that. Had he not, how do we know there wouldn’t have been a much more dangerous high-speed chase. It’s clear the guy wasn’t going to sign the ticket, and when you don’t do that, cops are instructed to arrest. The solution wasn’t to let the guy go free just because he disagreed. The driver caused this confrontation.

—Better suggestion, 9:00 a.m., 21 November 2007

Even if it were clear, which it certainly is not, that Massey intended to drive away, the notion that the cop Some how, some way … had to keep the driver from doing that is completely preposterous. If he just drove off, then the cop can bloody well look up his license plate number and mail him the ticket. But the notion of letting a Bad Guy temporarily get away with a minor speeding infraction is so repugnant to the nature of both cops and their sycophants that no solution other than a 50,000-volt shock on the side of the road even comes to mind.

Meanwhile, while many commenters show a healthy outrage at Gardner’s obviously abusive behavior, most of them seem to feel compelled to pepper their statements with cavils about how Massey could have acted better, or about how I support police officers, I have sympathy for the difficult situations policemen face, both people behaved badly, The public should be respectful of law enforcement as a matter of principle, etc. etc. etc. Most of those who suggest a concrete penalty for Gardner suggest that he should be reprimanded, or re-trained, or reassigned to a desk job, or temporarily suspended, or perhaps even fired. To hell with that. The behavior of both Gardner and his fellow cops, based on the contents of the video and the laggard pace of the investigation, is despicable. Gardner should be indicted and prosecuted for assault and battery, and he should be forced to personally pay compensation for Massey’s pain and suffering.

If you're baffled that cops could feel free to indulge in this kind of outrage, and that numerous fellow cops, prosecutors, and freelance bullies would rush to defend it, while even the opponents make only timid and isolated efforts at mild criticism, it may help to remember that in most of America, there is no such thing as a civil police force anymore. What we have instead would be better described as elite paramilitary cadres, often referred to as Troopers and organized into a chain of command with military ranks, who are occupying what they regard as hostile territory. Here as elsewhere, the occupation forces are going to serve and protect us, whether we want them to or not, and if we don't like it then they've got more than enough firepower to make sure they can protect the hell out of us all anyway.

Here’s a funny prank, courtesy of a cop in a southwestern suburb of Chicago. Try it on your friends. If you screw it up, you can still count on the mayor of your city to get your back. Provided that you’re a cop, of course.

TINLEY PARK, Ill. (STNG) — The owner of a Tinley Park pizza joint is seeking $2 million in damages from the village and a Tinley Park police officer who allegedly Tasered him this summer, sending the restaurant owner into convulsions and causing him to bite off a piece of his tongue.

Alexander Mendez, who with his wife owns Guardi’s Pizza and Catering, 16711 S. 80th Ave., filed a lawsuit Thursday in the federal court. The couple said Officer Joseph Vega shot Mendez in the head and shoulders with a Taser gun as part of a failed prank last June.

Police Chief Michael O’Connell referred questions about the incident to village administration. Mayor Ed Zabrocki said the Taser shot was an accident and all Taser guns were recalled after the incident.

Vega was disciplined for taking the Taser gun out of his holster, Zabrocki said. Zabrocki said attorneys advised him not to provide any more details.

According to the lawsuit, about 9 p.m. June 15, Vega came to Guardi’s and ordered pasta salad. When Mendez walked into the cooler to get the food, Vega asked Mendez’s wife if she wanted to see Vega scare her husband. She said “no,” according to court documents.

Then, Vega allegedly pointed the gun at Mendez’s head and fired, causing the prongs to stick to Mendez’s right temple and collarbone. Mendez went into convulsions and later became unconscious. He also bit off a piece of his tongue, the lawsuit said.

Vega is accused of immediately removing the Taser prongs, which caused Mendez to bleed profusely. Vega then called for back-up, and a supervisor and two detectives showed up and confiscated bloody towels, Mendez’s bloody glasses, the Taser prongs and the video surveillance equipment in the restaurant, the lawsuit claims.

— WBBM 780 Chicago (2007-11): Tinley Park, Cop Sued For Taser Shooting

(Link via Radley Balko 2007-11-17.)

Here is what I said a few days ago about the widespread use of tasers by American cops, in response to a recent case in Alabama:

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.

In practice, of course, cops and police culture being what they are, 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 bellowed orders, and to hurt uppity civilians who dare to give them lip. They often do so even when the supposed offense that they’re responding to is completely trivial; they often start tasering, or keep on tasering, after their victims have already been rendered helpless by the circumstances or by an earlier use of force. Since any complaints of excessive force are always handled by their fellow cops, the investigations almost always end up concluding that Official Procedures were followed, as if that made everything O.K., and throwing the complaint into the rubbish bin without doing anything at all. So shock-happy Peace Officers can now go around using their tasers as 50,000-volt human prods in just about any situation, with more or less complete impunity.

— GT 2007-11-11: Taser first, ask questions later

Meanwhile, in Canada, a gang of four cops in the RCMP has killed a man by electrocution. The victim was Polish immigrant named Robert Dziekanski, who had been detained in a secure area in the Vancouver International Airport. He became agitated and could not communicate with the employees, since he did not speak English. When the cops showed up to try to talk to him, he was is standing with his back to a counter and with his arms lowered by his sides. That didn’t stop them from whipping out their tasers and shooting him within 25 seconds of arriving on the scene. They shot him at least three, and possibly four times, including at least once while he was convulsing on the ground while offiicers were kneeling on him and handcuffing him:

An eyewitness’s video recording of a man dying after being stunned with a Taser by police on Oct. 14 at Vancouver International Airport has been released to the public.

The 10-minute video recording clearly shows four RCMP officers talking to Robert Dziekanski while he is standing with his back to a counter and with his arms lowered by his sides, but his hands are not visible.

About 25 seconds after police enter the secure area where he is, there is a loud crack that sounds like a Taser shot, followed by Dziekanski screaming and convulsing as he stumbles and falls to the floor.

Another loud crack can be heard as an officer appears to fire one more Taser shot into Dziekanski.

As the officers kneel on top of Dziekanski and handcuff him, he continues to scream and convulse on the floor.

One officer is heard to say, Hit him again. Hit him again, and there is another loud cracking sound.

Police have said only two Taser shots were fired, but a witness said she heard up to four Taser shots.

Robert Dziekanski falls to the floor as an RCMP officer looks on.Robert Dziekanski falls to the floor as an RCMP officer looks on.

A minute and half after the first Taser shot was fired Dziekanski stops moaning and convulsing and becomes still and silent.

Shortly after, the officers appear to be checking his condition and one officer is heard to say, code red.

…

[R]etired superintendent Ron Foyle, a 33-year veteran of the Vancouver police who saw the video tape, said he didn’t know why it ever became a police incident.

It didn’t seem that he made any threatening gestures towards them, Foyle said.

…

The video was recorded in three segments. The first segment shows Dziekanski before police arrive.

He is clearly agitated, yelling in Polish, and appears to be sweating. He can be seen taking office chairs and putting them in front of the security doors. He then picks up a small table, which he holds, while a woman in the arrivals lounge calmly speaks to him in apparent effort to calm him down.

… In the second segment, Dziekanski picks up a computer and throws it to the ground. Three airport personnel arrive and block the exit from the secure area, but Dziekanski retreats inside and does not threaten them.

Then four RCMP officers arrive in the lounge. Someone can be heard mentioning the word Tasers.

Someone replies, Yes, as the officers approach the security doors.

… People in the lounge can be heard clearly telling the police Dziekanski speaks no English, only Russian. His mother later said he only spoke Polish.

Police enter the secure area with no problems and can be seen with Dziekanski standing calmly talking with officers. They appear to direct him to stand against a wall, which he does.

As he is standing there, one of the officers shoots him with a Taser.

— CBC News (2007-11-15): Taser video shows RCMP shocked immigrant within 25 seconds of their arrival

Meanwhile, the cops responded by confiscating the eyewitness’s digital camera, refusing to return it as they’d promised, and then issuing blatant lies about the number of officers on the scene, the number of times they tasered their victim, and whether or not there were bystanders nearby at the time of the attack. The video, which directly contradicts police statements, has only been released to the public since the eyewitness, Paul Pritchard, retained a lawyer and threatened to sue.

Since they have been forced to release the video of the killing, the Mounties have promised that The Matter Will Be Investigated, of course. But the official excuses are already being manufactured as we speak.

RCMP spokesman Cpl. Dale Carr said no one can judge what happened to Dziekanski by just watching the video.

It’s just one piece of evidence, one person’s view. There are many people that we have spoken to, RCMP spokesman Cpl. Dale Carr said at a press conference Wednesday afternoon.

What I urge is that those watching the video, take note of that. Put what they’ve seen aside for the time being. And wait to hear the totality of the evidence at the time of the inquest, Carr said.

— CBC News (2007-11-15): Taser video shows RCMP shocked immigrant within 25 seconds of their arrival

What ought to happen after the inquest is that these four Mounties end up in the dock on a charge of murder, in light of their reckless use of violence and their depraved indifference to human life. What will probably happen, instead, is a collective shrug of the shoulders from the Federalis and some sanctimonious official lectures on how important it is to cooperate with airport security.

(Story thanks to Elinor, in comments.)

I don’t feel particularly bad about the fact that Ephraim Cruz lost his job with the Border Patrol. The Border Patrol should not exist at all, and the men and women who decide to join it are, whether they realize it or not, violently inflicting injustices on innocent people every day, as an essential part of their job duties. Cruz seems to me like a basically decent man with an acute conscience, and it will be better for him now that he has to find an honest line of work.

But Jenn’s interview with Cruz at reappropriate is still powerful, and important to read, because of what it tells us about the institutional culture of policing in general, and border policing in particular. It should be no surprise that the Blue Wall stays in place when the uniforms change from blue to green; if anything, it is worse, because abusive border cops can rely on getting away with even more than abusive ordinary cops can. Their usual victims have no formal standing as citizens, often cannot speak English well, have few advocates with high profiles in the media or the legal system, and are about to be forced out of the country, far away from anyone who might do anything about their mistreatment.

Ephraim Cruz, a former patrol agent with the U.S. Border Patrol, tried to do something about Border Patrol agents who abused captured and imprisoned immigrants. Here are some of the things that he saw while he was stationed in Arizona:

Ephraim was also amazed to find cells were frequently filled to two or three times their posted capacity, while neighbouring cells were not being utilized at all. Not only was this a clear violation of fire codes, but Ephraim feared this practice could pose a serious health risk for detainees.

… But, most heart-wrenching for Ephraim was the observation that detainees were frequently going twenty to thirty hours at a time without food. In his March 21, 2004 memo, Ephraim recounts how he watched a young ten-year-old boy — whom his mother described as in good health — break out into red bumps after going more than twenty hours without a meal. Later that same day, Ephraim remembers how a young girl went more than thirty hours without food, and complained of feeling faint. These were hardly isolated incidents: Ephraim remembers countless children and pregnant women who went without food for two or three shifts at a time.

According to Border Patrol spokesperson Andy Adame (quoted in archived Tucson Citizen article Border Agent Claims Detainees Mistreated in Douglas, written by Luke Turf, published May 22, 2004), Border Patrol policies state that all detainees should be fed at 6am, noon and 6pm and ... crackers and juice are always available for immigrants. However, Ephraim writes in an August 5, 2004 memo (Memo from E. Cruz to R. Bonner, SUBJECT: Ongoing Mistreatment of Illegal Aliens and Processing Issues):

The integrity of those meal times are habitually violated, and crackers and juice are not always available. Furthermore, when crackers and juice are indeed available, it is not readily provided to the detainees... It is station policy that we feed all illegal aliens held beyond six to eight hours. Many illegal aliens easily go two to three times beyond that time frame without one meal.

In that same memo, Ephraim recounts how on July 31, 2004, he approached the control room that 220 meals would be needed that day, only to be told that 70 meals would be ordered. Most likely, Ephraim opined, two-thirds of detainees at the facility went hungry that day. According to Ephraim, the Douglas station also went weeks at a time without replenishing their supply of juice and crackers, and even when such items were in stock, they were not always made available to detainees. In one incident, Ephraim left some juice and crackers near the door of a holding cell only to have a fellow Agent remove the food moments later, muttering to Ephraim that by leaving it within reach of detainees, they might assume the food was for them.

Ephraim further notes that there was a distinct lack of concern for detainees amongst Agents; an almost dehumanization of the UDAs [Undocumented Aliens –R.G.] that helped perpetuate the mistreatment. Ironically, the Agents — who were predominantly Mexican American — looked down on UDAs as if to say that they, as legal Mexican Americans, were better than the Mexican detainees. Many seemed to feel that detainees deserved their mistreatment; Ephraim recalls how in one instance, while denying food to a detainee, one agent remarked that [the illegal aliens] knew they were coming, they should have brought food with them.

The dehumanization extended in one case to abuse reminiscent of the Abu Ghraib scandal (which ironically occurred only a few months after Ephraim began writing his memos). On March 1, 2005, Ephraim wrote a memo that included a recount of an incident he observed(Memo from E. Cruz to M. Nicely, Chief Patrol Agent, Tucson Sector) :

[I] informed FOS Jeffrey Richards and FOS Ignacio Luevano, in the presence of SBPA Robert Marrufo that SBPFA Marrufo directed BPA Jon Gleber to put an undocumented alien in our custody in a stress position. The incident took place about two weeks ago on the north side of the processing floor and to the knowledge of other agents. The stress position consisted of the alien performing the chair which entails leaning against the wall with both legs at a 90 degree angle and both hands straight out. They had the alien remain in that position until he buckled and cried.

Marrufo then suggested that the alien be placed in the forward leaning rest position, a push-up position, to give him some exercise, however I don't know if Agent Gelber followed through with the suggestion.

— Jenn @ reappropriate (2007-11-05): The Price of Conscience: An Interview with U.S. Border Patrol Agent Ephraim Cruz

In 2004, Cruz, believing that a man's conscience is God's voice, began to write memos and letters to try to make his supervisors, politicians, and the media aware of violations of policies, training, state laws, fire and health codes, and illegal aliens' civil and human rights within [the Douglas, Arizona] processing facility. Here is what happened:

Ephraim writes in his March 21, 2004 memo (Memo from E. Cruz to supervisors, 2004):

This culture... reflects a disturbing level of complacency and lack of accountability and is coupled with responses... that this is the way things are done.

Ephraim describes this culture of complacency as fostering the sentiment that, management condoned [the mistreatment] and Agents knew that management knew and [were] not correcting it. Therefore, Ephraim says, Agents asked themselves why should I rock the boat?

… Despite his 117 letters, Ephraim received little support from the Senators and Congressmen he contacted. Andy Adame, Border Patrol spokesperson, told the media that the Office of the Inspector General (OIG) would conduct a generic investigation of Ephraim's accusations, but a recent article by the Tucson Weekly reports that this investigation — though supposedly having found Ephraim's claims to be unsubstantiated — may never have actually taken place.

— Jenn @ reappropriate (2007-11-05): The Price of Conscience: An Interview with U.S. Border Patrol Agent Ephraim Cruz

After he began speaking out, Cruz found that his employee review scores suddenly plummeted. One supervisor encouraged his co-workers to take care of him for the accusations. Then, in 2005, he was brought up on federal charges for transporting an illegal alien across the border. He and some friends had gone across the border into Agua Prieta after work, and on his way back he gave Maria Terrazas — a waitress who lived in Douglas and who was dating one of his colleagues at the Border Patrol — a ride back across the border to her home in Douglas. Later, in an unrelated criminal investigation against her boyfriend, it turned up that she didn’t have her papers. Cruz, who had no way of knowing this at the time, was brought up on federal charges. Nobody else involved in giving Terrazas the ride was charged. If he had been convicted, Cruz could have been sentenced to up to 20 years in a federal prison for this non-crime. As it turns out, the jury found the prosecution baseless and acquitted him on all charges. But that didn’t stop the retaliation. Last month, he received a letter from the U.S. Border Patrol stating that he would be fired on administrative charges — the same charges that a federal jury had already acquitted him of. He has been forced to resign so that he could avoid having this baseless smear go on his record; he could not afford a lawyer to fight the dismissal in court.

When it comes to cases of corruption or abuse, it’s often said that cops will protect their own. That’s close to the truth, but it misses the mark in one important respect. Cops — and this manifestly includes border cops, too — will try as hard as they can to intimidate, harass, defame, abandon, hurt, fire, imprison, or even kill any of their own who speak out against their colleagues’ crimes.

That isn’t cops protecting their own. It’s cops protecting their power. And they’ll do just about anything to absolutely anybody who endangers it. Ephraim Cruz is the latest of many victims to get the long knife treatment.