US Law Requiring Annual Report on Excessive Force by Police has been Ignored for 20 Years
By Steve Straehley | AllGov | August 22, 2014
The circumstances of the death of Michael Brown in Ferguson, Missouri, have brought that one police shooting into the national conscience. But many other Americans are killed by police and their deaths go unnoticed and mostly uncounted, despite a Congressional mandate.
In 1994, Congress passed the Violent Crime Control and Law Enforcement Act. Among its provisions was the order that “the Attorney General shall, through appropriate means, acquire data about the use of excessive force by law enforcement officers.” The Justice Department was also required to publish an annual report on the data collected.
And… that’s pretty much the last anyone heard of that. The work of collecting the data was shuffled off to the International Association for Chiefs of Police, which made a few efforts at collecting data and put together a report in 2001, but has produced nothing since.
“That’s a clear, clear problem,” Matthew Hickman, an associate professor of criminal justice at Seattle University, told Michael Doyle of McClatchy. “When it comes to use of force, we have almost nothing.”
Part of the reason is that the term “excessive force” is open to interpretation. Even a shooting ending in the death of an unarmed pedestrian could be judged by a jury to be justified. In addition, police departments are expected to report on their own incidences of excessive force, which some might be reluctant to do.
The Justice Department began to compile statistics on police shootings in 2001, according to the International Business Times. However, their reports cover only the years from 2003 to 2009 and don’t tell the whole story because of incomplete reporting and problems with research methods.
Wikipedia has tried to crowd-source a shootings database and blogger Jim Fisher, who scours the internet for information on police shootings, has had some success.
For now, Congress is still waiting for the statistics, although the head of the Senate Judiciary Committee that sought the data has moved on. His name is Joe Biden and he’s now Vice President of the United States.
To Learn More:
Data On Police Shootings Is Hard To Find (by Michael Doyle, McClatchy)
How Many Police Shootings Have There Been? (by Ross Keith, International Business Times)
How Many People are Killed by Police in U.S.? Who Knows? (by Steve Straehley, AllGov)
First trucks with Russian aid reach Lugansk, E. Ukraine – reports
RT | August 22, 2014
Trucks of a Russian convoy carrying humanitarian aid for Ukraine, August, 22, 2014 (RIA Novosti / Maksim Blinov)
The first Russian trucks carrying humanitarian aid have reportedly reached the east Ukrainian city of Lugansk. Moscow ordered the convoy to proceed, without waiting for further permission from Kiev.
The first trucks in the Russian humanitarian convoy have arrived in Lugansk, leaders of the self-proclaimed People’s Republic of Lugansk confirmed to RIA Novosti.
Earlier, the LifeNews TV channel and Interfax agency also reported that several Russian vehicles carrying aid to the conflict zone made it to their final destination.
On Friday morning, several dozen Russian trucks crossed the Ukrainian border and started moving towards Lugansk, after Moscow ordered the convoy to proceed, without waiting for further permission from Kiev.
By 10:30 GMT on Friday, 145 vehicles from the 280-truck Russian aid convoy had crossed into Ukraine, reported RIA Novosti, citing the Ukrainian border guard service.
Moscow has accused Kiev of deliberately holding up the delivery of Russian humanitarian aid to the Donetsk and Lugansk regions in eastern Ukraine, according to the statement by the Russian Foreign Ministry.
“Our convoy with humanitarian aid is starting to move in the direction of Lugansk,” the Foreign Ministry’s statement reads. “We are of course ready for it to be accompanied by Red Cross representatives and for their participation in the aid’s distribution.”
The International Committee of the Red Cross (ICRC) is not escorting the convoy.
“That’s because of the problems with security,” Galina Balzamova of the ICRC told RT. “Lugansk was shelled all night long. We believe we did not get sufficient guarantees of safety from all the parties to the conflict to start escorting the convoy.”
The head of the Russian Red Cross, Raisa Lukutsova, has said the organization supported the decision to get the humanitarian convoy moving.
“The fact that the humanitarian mission has started – this has probably been the right decision,” Lukutsova said. “For how long do we have to put up with this mockery? They put forward one demand after another. All of them unrealistic.”
She added the Russian Red Cross is ready to escort the humanitarian convoy and has appealed to the ICRC for permission to do so.
ICRC, meanwhile, confirms that people in areas affected by the ongoing conflict in eastern Ukraine are in “urgent need for essentials like food and medical supplies.”
The crisis is particularly acute in Lugansk, where people have gone for weeks without water and electricity and have to queue every day for whatever scarce food supplies are brought to the city.
RT’s Maria Finoshina has spoken to Lugansk residents, who fear hunger is the reality they are about to face.
Ukraine’s intelligence (SBU) chief, Valentyn Nalivaychenko, has described the convoy crossing the Russian border as a “direct invasion.”
“We call it a direct invasion,” Nalivaichenko told journalists. “Under the cynical cover of the Red Cross these are military vehicles with documents to cover them up.”
The Ukrainian Border Service has said that by ordering the convoy to proceed Moscow has “ignored the agreements reached on registering the humanitarian load.”
“The trucks started moving through Ukraine, after a group of Ukrainian border customs’ officers had been blocked at the Russian check-point ‘Donetsk’,” a statement by the Ukrainian Border Service reads.
The Ukrainian Foreign Ministry has accused Moscow of “smuggling humanitarian aid to Ukraine” and said it had to allow the convoy to pass.
“To avoid provocations we have given all the necessary orders to let the convoy pass safely,” the ministry’s statement says.
The Russian Foreign Ministry said the “excuses” for delaying the aid from entering Ukraine have been “exhausted”.
Ukraine agreed to let the convoy pass during an August 20 phone call between the Russian and Ukrainian foreign ministers. That gave a start to customs procedures for checking and registering the contents of the trucks comprising the convoy.
The next day the process was stopped by Ukraine, citing intensified shelling of Lugansk.
“In other words Ukrainian authorities are bombing the place of the aid’s point of destination and cite this as a reason for banning delivery of the aid,” the Russian Foreign Ministry said in a statement.
A convoy of 280 Kamaz trucks carrying food, medicines and other essentials for Lugansk and Donetsk in eastern Ukraine left the Moscow region on August 12.
It has been stuck at the border with Ukraine for more than a week.
“There’s a feeling that the current Ukrainian authorities have been consciously putting the humanitarian aid delivery on hold to arrive at a situation where there’ll be just no one left to get it,” the Ministry’s statement reads.
See also: Russian Red Cross volunteers ready to escort aid convoy to Lugansk, E. Ukraine
F-16 Missile Attacks Venezuelan Humanitarian Aid Mission in Gaza
TeleSur | August 21, 2014
Venezuelan ambassador to Egypt, Juan Antonio Hernandez, denounced on Wednesday that an Israeli aircraft attacked the Venezuelan humanitarian delegation in Rameh along the border post between Egypt and Palestine. No one was injured during the attack.
The F-16 airplane dropped a missile very close to the humanitarian site but did not explode. The ambassador confirmed that the missile fell approximately 50 to 70 meters from the site.
The Venezuelan humanitarian delegation delivered twelve tons of aid to the Palestinian people.
Hernandez referred to the action as “an act of intimidation, which is not a coincidence and it proves that Tel Aviv is trying to halt humanitarian aid, because right now Venezuela is an important beacon for the Palestinian people”.
El Universal reported that Roni Kaplan, the spokesperson of the Israel Defense Forces, asserted that “there was no attack by the Israeli forces on the Egyptian side of Gaza. The air force has not attacked nor launched sound bombs to any humanitarian convoy on its way to Gaza from Egypt.”
Police Militarization Escalates Even As Violence Declines — And There’s A Good Chance It’s Going To Get Worse
By Mike Masnick | Techdirt | August 18, 2014
We’ve been writing about the militarization of police, and why it’s problematic, for years — but the events of the last week in Ferguson, Missouri, have really shone a (rather bright) light on what happens when you militarize the police. Annie Lowrey, over at New York Magazine, highlights what may be most disturbing about all of it: all of this has happened while violence has been on a rapid decline, and, no it’s not because your local suburban police force now has a SWAT team and decommissioned military equipment from the Defense Department:
Since 1990, according to Department of Justice statistics, the United States has become a vastly safer place, at least in terms of violent crime. (Drug crime follows somewhat different trends, though drug use has been dropping over the same time period.) The number of murders dropped to 14,827 in 2012 from 23,438 in 1990. The number of rapes has plummeted to 84,376 from 102,555. The number of robberies, motor-vehicle thefts, assaults — all have seen similarly large declines. And the number of incidents has dropped even though the country has grown. [….]
And there’s no evidence that giving police officers the weapons of war has had anything to do with that decline in crime, either, with researchers pegging it to a combination of factors, among them the removal of lead from paint and gasoline, an increase in abortion rates, and improved policing methods.
So, instead, we get a very militarized police — and tons of cases where it is being used in cases that absolutely don’t warrant it. At all.
And here’s the really disturbing thing. It may get a lot worse. As Vanity Fair notes, on June 19th, Rep. Alan Grayson had offered up an amendment on the Defense Appropriations bill, which would have limited the militarization of police. And it failed by a wide margin. Included in those voting against it? The guy who represents Ferguson.
The amendment attracted the support of only 62 members, while 355 voted against it (14 didn’t vote). Included among those voting against it was Rep. William Lacy Clay (D), who represents Ferguson. Clay was joined by every senior member of the Democratic Party leadership team, including Reps. Nancy Pelosi (CA), Steny Hoyer (MD), and Assistant Democratic Leader James Clyburn (SC). Democrats did form the bulk of support for the amendment (with 43 votes in favor), with 19 Republicans supporting as well—led by libertarian-conservative Rep. Justin Amash (MI), who lamented that “military-grade equipment . . . shouldn’t be used on the street by state and local police” on his Facebook page.
Apparently, arming the police with military equipment has powerful lobbying support. Because why expect people to think about what actually makes sense when there’s money and FUD on the line:
Why was there such tremendous opposition to the Grayson-Amash effort? Two very powerful constituencies in Congress may be to blame: the defense industry, and the police lobby.
Take Rep. Clay. He has been all over the news media calling for justice in his district, and demanding an investigation of Brown’s death. Yet like every House member, he is up for re-election every two years, and his fourth-largest donor is the political action committee of the weapons maker Boeing.
So there’s that. And then, let’s take things up a notch. Scott Greenfield alerts us to the news that a judge over in Colorado has determined that the Cinemark Theater where James Holmes opened fired on the opening night of the Batman film “The Dark Knight Rises” may have some responsibility because it should have known that such an attack might happen. Despite the fact that there has never been such a shooting in a theater, the judge says that the theater should have been prepared for such a possibility:
Noting “the grim history of mass shootings and mass killings that have occurred in more recent times,” U.S. District Court Judge R. Brooke Jackson ruled that Cinemark — owner of the Century Aurora 16 theater — could have predicted that movie patrons might be targeted for an attack. Jackson’s ruling allows 20 lawsuits filed by survivors of the attack or relatives of those killed to proceed toward trial.
“Although theaters had theretofore been spared a mass shooting incident, the patrons of a movie theater are, perhaps even more than students in a school or shoppers in a mall, ‘sitting ducks,’ ” Jackson wrote.
That makes absolutely no sense. But the inevitable result, as Greenfield notes, seems to be a lot more militarized police — and now, private security guards… everywhere. Just in case.
Consider, if what happened in Aurora, the duty of businesses to be prepared for the act of a one-in-a-million crazy. The biggest growth job in America will be armed guard. Every theater will require its own SWAT team, perhaps a MRAP or Bearcat. Office buildings, parks, skating rinks, pretty much anywhere more than three people gather, could be the next target of a madman. They will all need security, armed with the weapons needed to take out any crazy.
Don’t blame the businesses. They’re just trying to cover their foreseeable obligations. Sure, there is almost no chance, almost no possibility whatsoever, that they will be the target of the next insane shooter, but Judge Jackson says it’s still foreseeable. In fact, that no one has ever shot up a skating rink makes it even more foreseeable, by his rationale.
It is difficult to comprehend how profoundly screwed up all of this is.
County officials refuse to pay medical bills for toddler burned by SWAT grenade
RT | August 18, 2014
Officials in Georgia’s Habersham County are refusing to pay for the mounting medical expenses of a toddler seriously injured by a flash grenade after a failed SWAT team raid earlier this year.
Bounkham ‘Bou Bou’ Phonesavanh was just 19 months old when a Habersham SWAT team initiated a no-knock warrant at his family’s home at around 3 a.m. on May 28. Bou Bou was asleep in his crib at the time, surrounded by his family and three sisters. The toddler was severely injured when SWAT team officers broke through the house’s door and threw a flashbang grenade that ultimately landed in the Bou Bou’s crib.
When the stun grenade went off, it caused severe burns on the child and opened a gash in his chest. As a result, Bou Bou lost the ability to breathe on his own and was left in a medically induced coma for days after the incident. His extensive recovery necessitated stays in two hospitals before he finally went home in July.
Now, Habersham County officials are sticking by their decision to ignore the family’s plight, the family’s attorney, Muwali Davis, told WSB-TV.
Habersham County’s attorney responded with a statement saying that the Board of County Commissioners will not pay given it is supposedly illegal to do so.
“The question before the board was whether it is legally permitted to pay these expenses. After consideration of this question following advice of counsel, the board of commissioners has concluded that it would be in violation of the law for it to do so.”
The family now says an independent investigation showed law enforcement used suspect information to attain a search warrant.
As RT reported previously, the SWAT conducted the raid as part of an effort to apprehend Wanis Thometheva, believed to be selling methamphetamine. Police said that their records indicated the suspect could be armed, and that a confidential informant had successfully purchased drugs from him earlier in the day. At the time of the raid, however, Thometheva was not at the home, and was eventually arrested elsewhere.
Additionally, an unnamed public official told the Washington Post that the reported drug deal was worth only $50.
Habersham County’s sheriff previously said the confidential informant who bought drugs at the home told police that he did not believe any children lived at the house.
Bou Bou’s mother, Alecia Phonesavanh, said that was unlikely if they had valid information on their suspect.
“If they had an informant in that house, they knew there were kids,” Phonesavanh told The Atlanta Journal-Constitution after the incident. “They say there were no toys. There is plenty of stuff. Their shoes were laying all over.”
In June, the family called for a federal investigation into the conduct of the SWAT team.
The Phonesavanh family said it was not involved with drugs at all, and was only staying with Thometheva, the homeowner’s son, because their Wisconsin home was damaged in a fire. They moved back to Wisconsin once Bou Bou’s health improved. Supporters have planned a fundraiser this month for the family.
An official investigation into the incident is ongoing, according to WSB-TV.
Touring the devastated industrial zones of Gaza
By Martin Lejeune | Ma’an | August 18, 2014
On the night of the July 27, the first day of the Muslim Eid-Al-Fitr festival following the fasting month of Ramadan, the Israeli air force dropped three bombs on Al-Hurani’s carpentry workshop. Each of the three bombs had an explosive force of 250 pounds.
Al-Hurani pointed towards the charred left overs of the tables, armchairs and beds, “all designed according to the desires of each individual customer, processed with the best woods and decorated with passion, as our customers expect from us,” he told Ma’an.
The carpentry of the Al-Hurani family is well-known across the northern Gaza Strip city of Jabaliya, and is respected throughout the Gaza Strip for its precise designs. In addition to family members, Al-Hurani employed 25 workers in his workshop before the Israeli assault.
“Due to the total destruction of our plant everyone had to be dismissed immediately and I do not know how to feed my family anymore. We don’t know how to move on from here,” he said.
The family possesses no savings for the construction of a new workshop and they believe there is no hope for obtaining any kind of compensation for the estimated $450,000 in damages they have suffered.
Abu Eida, one of the largest construction companies in the Gaza Strip, is headquartered in the industrial area east of Jabaliya that the air force also dropped several 250 pound bombs on Aug. 2.
Abed Rabou Abu Eida, CEO of the construction company, told Ma’an he was not aware of the exact number of bombs being dropped.
An on-site inspection of the premises, however, revealed the extent of the destruction: Three large buildings, which had all been reinforced by concrete, the warehouse containing cement and bricks, as well as the construction machinery have all been flattened.
Abu Eida estimates the cost of the total damage to be around $7.5 million. As a result of the attack, he had to dismiss all of his 70 permanent workers because the company could no longer operate. Hundreds of part-time workers that deal with Abu-Eida on a sporadic basis are also out of work.
“In 2008 and 2012 the factory premises were already completely destroyed by the Israeli air force and our company has not received any kind of compensation, due to the law passed in 2007,” Abu Eida said, referring to an Israeli law that defined Gaza as enemy territory and thus its residents ineligible for compensation through civil suits.
“This time we have no more money to rebuild our company a third time.”
At the end of Abu Khayr street in the Jabaliya industrial area sits the Al-Fayoumi family farm. The farm once owned 150 cows and sold milk twice a day to dairy factories.
130 of the cows were killed in their stables during the Israeli bombing on Aug. 2, according to workers on the farm.
During a visit to the ruined courtyard on August 13, workers were still trying to collect and burn the remaining corpses. The terrible smell of the semi-decomposed carcasses of cattle lay side by side with charred hens when Ma’an visited.
A swarm of flies covered the corpses, trying to get its share.
“Where can the Al-Fayoumis get new cows from?” asked a worker who did not want to give his name. “The borders to Gaza are closed and the smuggling tunnels destroyed.”
Wael Al-Wadia, owner of the Saraio candy factory in the same area, showed Ma’an the remains of his completely ruined factory buildings, where ice cream, biscuits, and cakes were once made.
“I had 100 workers on permanent contracts. 100 workers who have fed 100 families and now have no income,” al-Wadia said. The factory produced five tons of sweets on a daily basis, he said. Now, everything is gone.
Al-Qadia estimated that it would cost him $7 million to purchase the same equipment again, which he had initially brought to Gaza from Italy.
“We have made the best biscuits in the Gaza Strip. Every market in Gaza sold our products. Our biscuits were as good as the Biscotti’s from Italy,” he told Ma’an.
But it was not only factories, hospitals, schools, farms, agricultural land, and the famous orange groves of Beit Hanoun that were bombed during the worst of the Israeli assault between July 6 and Aug. 3.
Gaza’s sole power station, its largest mosques, and the building of the popular TV station Al-Quds were also hit, while tens of thousands of private homes were destroyed or severely damaged.
Muhsen Abu Ramadan, Director of the Arab Center for Agricultural Economic Development in Gaza, told Ma’an that the damage to the besieged coastal enclave’s economy, however, predates the recent Israeli assault.
“The economic crisis began long before the aggression, and is a result of the eight years lasting blockade of Gaza,” he said.
Abu Ramadan estimates that even before the beginning of the Israeli attacks in July, 40 percent of the labor force was unemployed, 30 percent lived below the poverty line, 57 percent were at risk of malnutrition, and 70 percent received food parcels from the United Nations Relief and Works Agency for Palestine Refugees in the Near East or other organizations.
“These numbers have increased dramatically since the bombings,” said Abu Ramadan.
He also said that Israeli army completely destroyed 220 factories in the campaign, while hundreds more suffered partial damage.
Abu Ramadan estimates the cost of destruction of agricultural land at around $200 million and the amount of the total costs to the economy at several billion dollars.
“Gaza would need five years to rebuild the destroyed infrastructure,” he said.
But given the current economic conditions caused by the occupation and the blockade of Gaza, he estimated that reconstruction will take at least ten years.
“We have the right to import building materials and this right must be given to us immediately, especially with the help of the international community. Otherwise, we will not be able to rebuild our destroyed houses and factories,” Abu Ramadan added.
Tens of thousands have joined the ranks of the unemployed since the imposition of the harsh Israeli blockade in 2007, and given the scale of the damage suffered during the massive Israeli assault, of those who were still employed in industry and agriculture in July it is unlikely that more than a few thousand are still working in either sector. A few thousand out of 1.8 million people.
“Israel is not only attacking civilians and their homes, but also systematically destroyed the economy of the Gaza Strip in order to make people dependent on emergency aid,” Abu Ramadan argued.
“Now that almost the entire economy is destroyed, people can no longer work, thus cutting their purchasing power dramatically. Now youth want to emigrate at even younger ages than before. Due to the emigration of young skilled workers the economy is becoming even weaker.”
“Israel has managed to transform a functioning economy into a third world country through eight years of embargo and three assaults in five years. Without ending the embargo, it is impossible to break out of this vicious cycle ourselves,” Abu Ramadan added.
Martin Lejeune is a German journalist based in Gaza. Follow him on twitter
Palestinian arrested after filming settlers throwing stones
International Solidarity Movement | August 17, 2014
Occupied Palestine – Yesterday at approximately 5:30 PM in the old city in al-Khalil (Hebron) settlers from the illegal settlement of Beit Hadassah threw rocks and water at Palestinians living on Shalala Street. This is a regular occurrence for Palestinian families living close to illegal settlements in al-Khalil. The majority of the time the Israeli military watches from a distance and does not do anything to intervene in the violence and property damage.
One Palestinian, a 35-year old man, documented the stone throwing only to be detained and then arrested by the Israeli military. The man was taken through a yellow gate to an area from which Palestinians are restricted, where the soldiers pushed him around.
The soldiers threw several stun grenades at Palestinians and internationals standing behind the yellow gate who were trying to document what was happening through holes of the gate.
Two internationals walked through the checkpoint at the Ibrahimi mosque and down Shuhada street in attempt to find the Palestinian. A group of ten soldiers and an army jeep stood with two Palestinian men, the man who had been arrested was in handcuffs. A nearby soldier told the internationals that neither of the men was arrested but they were only bringing the handcuffed man in for questioning, to gather evidence about the settlers who threw stones. After approximately five minutes the solders blindfolded the Palestinian and started walking with him to a nearby army base, Beit Romano. When internationals asked why the man was being blindfolded an Israeli soldier stated, “Because I want to.”
The man was released earlier this morning.
New Orleans Cop Turns off Body Cam before Shooting Man
By Carlos Miller | PINAC | August 15, 2014
A New Orleans police officer turned off her body cam before opening fire on a man who had escaped from her a week earlier.
Lisa Lewis shot the man in the forehead during a traffic stop, then shot at him again as he ran away, according to the lawyer of the man who remains hospitalized. He was wanted on warrants.
Not only did she turn off the camera, the department tried its best to downplay Monday’s incident, which they initially reported to the media as posted below:
According to a preliminary report from the New Orleans Police Department, an officer was in the area and heard gunshots and then had an altercation with a person and suffered a minor injury to the officer’s right hand.
The officer was taken to Tulane Hospital, police said.
No further information about the incident was made available in the preliminary report.
When the media found out about it anyway, New Orleans Police Superintendent Ronal Serpas shrugged it off as a blunder.
NOPD Superintendent Ronal Serpas said his public information officer was supposed to issue a news release on Monday, but failed to do so — an action Serpas took responsibility for.
Serpas said NOPD Officer Lisa Lewis was conducting a traffic stop was injured and shot 26-year-old Armand Bennett.
Bennett was booked on five outstanding warrants, which included possession of a weapon, resisting an officer (Gretna), resisting an officer (New Orleans), possession of marijuana and criminal damage to property.
Bennett was listed in stable condition at a local hospital.
The department issued cameras to officers in January with Serpas proclaiming “this is the future of policing in America.”
Which is pretty much like the past in that they still control the message.
Ferguson cops beat innocent man, then charged him with bleeding on their uniforms
RT | August 15, 2014
The officer-involved shooting death of teenager Michael Brown this week and the subsequent protests across the United States have rekindled interest in another case of alleged excessive force blamed on the Ferguson, Missouri Police Department.
Nearly four years to the day before Ferguson Police Officer Darren Wilson opened fire and killed Brown, 18, a complaint filed in federal court accused the same law enforcement agency of violating the civil rights of a man who says he was badly beaten after being wrongly arrested, then later charged with “destruction of property” for bleeding on the uniforms of the cops alleged to have injured him.
On Friday, Michael Daly of The Daily Beast recounted the case of Henry Davis, an African-American welder who tried to sue the City of Ferguson after an autumn 2009 altercation with the same police department currently making headlines for the high-profile killing of Brown.
Davis, Daly recalled, was arrested on September 20, 2009 when a Ferguson cop mistook him for a man with the same first and last name wanted on an outstanding warrant. Davis was brought to the Police Department headquarters and told to spend the night in the same one-bed cell occupied by another individual. When he objected and asked for a sleeping mat of his own, his attorneys wrote, the officers got violent.
Officer John Beaird, the complaint reads, “called other officers to the area outside the cell and told the other officers that Plaintiff was being belligerent and failing to comply with his orders.” Five cops were soon in the area and, according to the suit, Officer Michael White charged Davis, grabbed him and then slammed him into a wall.
“A female police officer got on Plaintiff’s back and handcuffed Plaintiff with Plaintiff’s arms behind his back and lying on his stomach,” the complaint continues. “Just before Plaintiff was picked up to his feet, Defendant White rushed in the cell a second time and kicked Plaintiff in the head while Plaintiff was lying on the floor and handcuffed with his arms behind his back.”
“He ran in and kicked me in the head,” Davis recalled, according to The Daily Beast. “I almost passed out at that point… Paramedics came… They said it was too much blood, I had to go to the hospital.”
The detainee didn’t get help there, however, because he refused treatment unless the hospital staff would first photograph his injuries.
“I wanted a witness and proof of what they done to me,” Davis said, according to the website.
Instead, he was taken back to the jail, where he remained for several days until he could post $1,500 bond related to four counts of “property damage.” In a signed complaint, Daly wrote, Officer Beaird said David bled on his own uniform and those of three others officers.
When the issue was ultimately brought up during legal proceedings pertaining to the civil suit filed by Davis, Officers Christopher Pillarick, Beaird and White all denied getting blood on their outfits, the Beast reported.
“The contradictions between the complaint and the depositions apparently are what prompted the prosecutor to drop the ‘property damage’ allegation,” Daly wrote this week. “The prosecutor also dropped a felony charge of assault on an officer that had been lodged more than a year after the incident and shortly after Davis filed his civil suit.”
That same suit compelled the Ferguson Police Department to produce surveillance camera footage from the alleged altercation, but the cops failed to properly save the clip, James Schottel, the plaintiff’s lawyer, told Daly this week. Furthermore, the attorney explained that his efforts to obtain the use-of-force history for the officers involved proved futile when he became aware that reports involving non-fatal altercations were absent from all officers’ personnel files, per departmental policy.
“On Friday, police finally identified the officer as Darren Wilson, who is said to have no disciplinary record, as such records are kept in Ferguson,” Daly wrote this week. “We already know that he started out at a time when it was accepted for a Ferguson cop to charge somebody with property damage for bleeding on his uniform and later saying there was no blood on him at all.”
According to court papers obtained by RT, Magistrate Judge Nannette A. Baker ruled late last year in favor the city, halting Davis’ efforts to sue the city for multiple alleged violations of his civil rights. His attorneys filed a notice of appeal in March, and the case is currently slated to be considered later this year by the Eight Circuit Court of Appeals.
“Appellant presented a submissible case of excessive force and Missouri state law assault and battery and respectfully requests this Honorable Court to reverse the district court’s judgment of dismissal of Appellant’s excessive force and Missouri state law assault and battery claims against Appellees Michael White, John Beaird and Kim Tihen,” the appeal reads in part. “Appellant presented a submissible case of municipal liability and requests this Honorable Court to reverse the district court’s judgment of dismissal of Appellant’s municipal liability claim against Appellee City of Ferguson, Missouri.”
When The Daily Beast caught up this week with Schottel, Davis’ attorney, he told them that rumors of the Ferguson Police Department firing multiple shots at Brown last week didn’t surprise him.
“I said I already know about Ferguson, nothing new can faze me about Ferguson,” he told the website.
Ferguson Law Enforcement: An ‘Occupying Force’ With ‘Special Rights’
By Tim Cushing | Techdirt | August 14, 2014
As we’ve covered in two previous stories here at Techdirt, Ferguson, Missouri is a mess. The events, which now include three days of cops vs. citizens, were set off by the shooting of an unarmed black man, Mike Brown.
The story behind the shooting is still clouded by contradictory accounts. Police say there was a “scuffle” and that Brown tried to grab the unnamed officer’s gun. The police chief points to the officer’s “facial swelling” as definitive proof of this narrative. The other story is that Brown was gunned down by a pissed off cop who didn’t like the fact that Brown didn’t immediately comply with his “get the fuck onto the sidewalk” request.
Here are two facts: Brown’s body was 35 feet away from the vehicle where the scuffle supposedly took place. Brown’s body was left unattended for hours before being removed by a police.
Here’s one more, not that it should matter, but it does: Mike Brown had no criminal record.
Even if he was a criminal, his killing wouldn’t be justified. But even the most die hard cop supporter has to wonder why a person with no criminal record would suddenly escalate a jaywalking beef to the point of trying to take an officer’s gun. That doesn’t add up. Nothing does, not when filtered through the source delivering its top down narrative.
Local law enforcement has gone into complete lock-down mode. It has detained journalists without explanation. It has fired tear gas at an Al Jazeera America camera crew. It has filled the streets with armored vehicles, police officers in combat fatigues and has done nothing to defuse the situation.
Beyond that, local law enforcement has done the following:
Enacted a no-fly zone over the town.
Told people they can’t protest after dark.
Refused to release the name of the officer who shot Mike Brown.
Refused to release Mike Brown’s autopsy results.
Instructed people to return to their homes to “avoid tear gas” and then fired tear gas into people’s yards.
It’s ugly all over and it’s a prime example of the “what could go wrong” with the steady militarization of the police. Law enforcement has rolled in like an invading force, with gunners peeking out of the top of armored cars and citizens confronted by multiple gun barrels everywhere they look.
The police department demands patience and understanding as it investigates the shooting. But it deserves none of that. For one, it’s handling of the situation has gone from bad to horrific and it shows little desire to scale back its aggression. Anil Dash at Medium points out that none of this needed to be handled this way.
It’s plain as day that the cops have no strategy, no end goal in Ferguson. There’s no leadership. They don’t even understand the situation that they’ve found themselves in.
Basic crowd management for a group that will not, or can not, disperse is to de-escalate. The rent-a-cops at a hippie music festival know exactly what to do when the sound cuts out, but somehow the heavily militarized police force in Ferguson missed the lesson. It’s a hot summer day? Well, then you hand out some water to folks. You even smile while you do it. No, the water shouldn’t be coming out of fire-hoses while you hold back your German Shepherds.
For that matter, take off the helmets, and holster your weapons. This is basic shit for police! Never point a gun at anything you are not willing to destroy. Don’t point an assault rifle at someone unless you intend to kill them. These are fundamentals of firearms safety that every 8-year-old who’s ever gone on a hunting trip learned.
Instead of being cops, they’re now an occupying force, setting new rules for public interaction, intimidating journalists and doing everything but ousting the population and taking over their dwellings.
This is the byproduct of militarization. No longer are they peace officers. They are now soldiers, fighting a war against their fellow citizens. Billions of dollars have been funneled into local law enforcement agencies by the DHS, giving them military tools, tactics and vehicles. And in Ferguson, we now see that every dollar of it was misspent. The local cops are geared up for a war, but they’re missing one piece of technology that could likely have cleared up the mystery surrounding Mike Brown’s shooting almost immediately.
The police department doesn’t have a single dashboard camera in operation. It owns both dash cams and body cams, but not a single one is in use.
What it does have in full working condition (along with its war toys) is a handful of rights that only law enforcement officers possess. These rights aren’t found in the Constitution and the only way to access them is to be a cop. Citizens don’t have this extra layer of protection. Ken White at Popehat :
If you are arrested for shooting someone, the police will use everything in their power — lies, false friendship, fear, coercion — to get you to make a statement immediately. That’s because they know that the statement is likely to be useful to the prosecution: either it will incriminate you, or it will lock you into one version of events before you’ve had an opportunity to speak with an adviser or see the evidence against you. You won’t have time to make up a story or conform it to the evidence or get your head straight.
But what if a police officer shoots someone? Oh, that’s different. Then police unions and officials push for delays and opportunities to review evidence before any interview of the officer. Last December, after a video showed that a cop lied about his shooting of a suspect, the Dallas Police issued a new policy requiring a 72-hour delay after a shooting before an officer can be interviewed, and an opportunity for the officer to review the videos or witness statements about the incident. Has Dallas changed its policy to offer such courtesies to citizens arrested for crimes? Don’t be ridiculous. If you or I shoot someone, the police will not delay our interrogation until it is personally convenient…
The police department has not released the name of the shooter. Because he’s one of the insiders. As has been pointed out by several people, we know the names of everyone charged with looting-related felonies in Ferguson. But we still don’t know who shot Mike Brown. The police chief wants to protect the officer and his family, but law enforcement agencies will not return that favor should a citizen kill someone. And they will unleash entire police departments to destroy you if you shoot a cop. If you’re still alive enough to give a statement, your name will be prominently displayed everywhere. Your family will be harassed by cops and citizens. Death threats will make their way through phone lines and into the mailbox. But only cops are immunized against this by policies backed by police unions and government officials.
If anyone is still wondering what happens when you increase police power (with protective policies and secondhand war machines) while decreasing accountability, Ferguson is your answer. And it’s only the most visible indicator. Around the nation, it’s more of the same — but seething under the surface.
Featured Video
Trita Parsi: Middle East Unraveling — Are We on the Path to World War?
or go to
Aletho News Archives – Video-Images
From the Archives
Why Saudi Ties to 9/11 Mean U.S. Ties to 9/11
By Kevin Ryan | Dig Within | September 27, 2015
Media interest in Saudi Arabian connections to the crimes of 9/11 has centered on calls for the release of the 28 missing pages from the Joint Congressional Inquiry’s report. However, those calls focus on the question of hijacker financing and omit the most interesting links between the 9/11 attacks and Saudi Arabia—links that implicate powerful people in the United States. Here are twenty examples. … continue
Blog Roll
Aletho News- Integrity Initiative: UK-funded network framed dissent as Russian disinformation for years
- ‘We don’t seek permission to defend our country’: Snippets from President Pezeshkian’s UNGA address
- NATO chief wants Europeans to fight American wars [for Israel]
- German chemicals giant reveals details of downsizing
- Refaat Al-Areer Was The Canary In The Coal Mine In Israel’s War On The Truth
- Israeli election committee bars candidate from Knesset race over Gaza war opposition
- French-Lebanese man files war crimes complaint over Israeli attacks
- Mahan Air Flight Lands in China Despite US Threat against Iranian Airlines
- US eyes $10bn fund to rebuild war-battered Gulf infrastructure
- Trump meets Rodríguez near Maduro’s prison as Venezuela’s oil flows to US
- If Americans Knew
- Caught on Tape: AIPAC CEO Boasted of Controlling Trump’s National Security Officials
- Why Hamas Attacked Israel in October 2023 – Israeli professor Ilan Pappé
- They see them, then kill them: Israeli quadcopters track, deliberately target civilians in Gaza
- Winter could turn Gaza’s treacherous, war-damaged buildings into deathtraps
- Majority of Democratic Voters Want to Prosecute Both Biden and Trump Administration Officials Over Gaza
- As Gaza languishes, world leaders gather at the UN – Daily Update
- Sanctions are collective punishment: immoral and self-defeating
- Phosphorus Munitions Fired by Israel Burn Groves, Orchards in Southern Lebanon
- Israel Carries Out New Ceasefire Violations Across Gaza
- AI – Emphasis on the ‘I’: Israel Is Funding AI Chatbot Propaganda
- No Tricks Zone
- New Study: Earth And Venus Surface Warmth Largely Explained By Convection And Lapse Rate, Not CO2 Or Radiation
- 2025 Nature Paper Claiming Worsening Global Drought Gets RETRACTED …Heavily Flawed
- New Study: ‘Global Drought Shows No Detectable Recent Acceleration Under Climate Warming’
- Economic Masterminds: German Socialists Suggest Taxing Productivity Gains Stemming From Using AI
- The South China Sea Has Not Been Cooperating With The Climate Change Narrative
- Energy Crisis: Germany Enters Heating Season With Historically Low Gas Reserve Fill Levels
- New Study: The Antarctic Ice Sheet Gained Mass From 2020-2024 Due To Staggering Snow And Ice Accumulation
- Study: Ocean Heating Rates From Thousands Of Years Ago ‘Dwarf’ Modern Ocean Heating Rates
- Climate Extremists Target, Attack Large-Scale Power Grid Infrastructure In Germany!
- New Study: Antarctic Ice Melt Has Contributed Less Than 1 Centimeter To Sea Level Rise In The Last 30 Years
