Aletho News

Texas Cop Places Woman in Chokehold for Video Recording

UPDATE: Texas Cop Loses Job for Chokehold on Woman, 2nd Cop Disciplined for Ordering Footage Deleted

By Carlos Miller | PINAC | November 30, 2014

A Texas cop placed a woman in a chokehold because she was video recording some type of police activity in the parking lot of what appears to be a fast food restaurant after she refused to provide identification.

It started when Corpus Christi Sergeant J.E. Lockhart stormed up to Lanessa Espinosa, who was standing a good distance away from the investigation, accusing her of interfering – after a nearby cop from another agency accused her of being a “jailhouse lawyer.”

“There is a probable cause for us to be out here,” Lockhart said. “I want to know who you are, so I’m requesting your ID. You fail to ID, I’m going to take you into jail. And that’s law.”

“What’s my charge?

“You’re not being charged with anything.”

“Then I don’t have to show you my ID, sir.”

“You’re involved in an investigation. You want to interfere with an investigation, you’re going to jail for interfering with a police officer in performance of his investigation. Do you understand that? DO YOU UNDERSTAND THAT?”

Espinosa understood that Lockhart was out of line, so she said she was in fear for her safety and took a step back, which was when another cop placed her in a chokehold.

Espinosa turned the camera on herself as she was getting chokehold by the cop from the other agency, whose agency has not been determined because Corpus Christi runs into four counties and I haven’t been able to make the patch out.

That cop then turned her over to Lockhard, who handcuffed her.

Espinosa has not responded for comment from PINAC over the incident, but public records show she was not arrested.

UPDATE:

The video of a Texas woman getting placed in a chokehold and handcuffed for refusing to provide her identification ended up going viral where it was covered by a local television news station at the top of the news hour Monday night.

However, KIII-TV reporter Bill Churchwell finished the segment by providing misinformation about the law when it comes identifying yourself to police, informing viewers that citizens are required to identify themselves whether or not they have been lawfully arrested.

Nothing could be further from the truth.

The Texas Failure to Identify law makes it a crime for people to refuse to identify themselves if they have been lawfully arrested or if the person provides false information if they have been lawfully detained.

However, when news anchor Joe Gazin asked Churchwell about this law, the reporter stated the following:

“Well that is required whether you are a witness or involved in an incident, you are required to  tell officers who you are,” Churchwell said.

Churchwell is most likely getting his information from police without bothering to look at the actual statute, which is a big mistake because we all know police are clueless about the laws they are supposed to enforce.

But that is the norm for mainstream media reporters who don’t want to risk questioning their local police department and therefore lose access to the daily information that enables them to report the news without putting in much effort.

However, it didn’t take long for a viewer to set the record straight on KIII-TV’s Facebook page about the law.

Blogger ExCop-LawStudent, a former Texas cop turned law student, also elaborated about the law on his blog.

In the video, a police officer with an unknown police department† claims that Lanessa Espinosa is a “jailhouse lawyer” because she actually knows what the law says. She pointed out that she did not have to identify herself unless she was “being charged.” At that point Corpus Christi Senior Officer‡ J.E. Lockhart comes up and demands ID and tells her that he will arrest her if she doesn’t provide ID.

The problem is that § 38.02, Texas Penal Code, does not authorize an arrest for failure to ID on a mere detention unless the person provides a fictitious name. We’ve covered that several times, here, here, here, here (also in Corpus), here, here, here, and here.

There are several things wrong with the video. First, the officer from the unknown department is choking Espinosa with an arm-bar choke hold. If you look at the video at 1:12, you’ll see the officer’s forearm cutting directly over Espinosa’s adam’s apple in the same manner that killed Eric Garner in New York. The arm-bar choke hold is almost universally viewed as deadly force, and completely inappropriate here when the crime is at best, a misdemeanor under the officer’s mistaken idea of the law.

Second, it is a false arrest. Even more so, it is an arrest because she is exercising her right not to provide identification when he knows (or should have known) that the arrest is unlawful, and that he intentionally denied her of her freedom when he knew (or should have known) that his conduct was unlawful. Folks, that the definition of Official Oppression, § 39.03, Texas Penal Code, and is a Class A misdemeanor.††

Some states have what are called “stop and identify” laws, which requires citizens to identify themselves if they have been detained, but Texas is not one of those states, which is why it only requires a citizen to identify themselves if they’ve been arrested.

There is no state where citizens are legally required to provide identification merely because a cop demands it unless the cop has detained you because he had a reasonable suspicion that you committed a crime.

That doesn’t mean cops won’t demand your identification because they do it all the time, many times under intimidating threats of arrest, which is why we must remain recording in these situations.

And if a cop tells you he has the right to ask you for your identification, tell him you have the right not to provide that identification. … Full article

December 1, 2014 Posted by aletho | Civil Liberties, Deception, Mainstream Media, Warmongering, Solidarity and Activism, Subjugation - Torture, Video | Corpus Christi, Texas, United States | Leave a comment