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Top 5 Police Blunders Of The Week: The Police Brutality Edition
Thursday, February 4, 2010 at 9:00 am
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Dealing with really drunk people when you're not drunk is never much fun -- especially when you're the dude trying to put them in handcuffs.
Still, we can't seem to find much of a justification for the behavior of Santa Fe, New Mexico officer David Smoker.
In November 2007, Smoker had the opportunity to arrest 17-year-old Brendon Singer for underage drinking. As you might have guessed, Singer wasn't the most hospitable of arrestees. Not only was he incredibly intoxicated and belligerent, but he also spit on Smoker while sitting in handcuffs at the police station. Still, Smoker -- the sober authority figure in the situation -- didn't have to do what he did next.
According to a video released to the public just last month, Smoker walked over to the teenager, kicked a trash can at him and then punched him in the head. He then threw him down to the ground and kneed him in the back. You can see the scene for yourself here.
Smoker acknowledged he was in the wrong, claiming that he had a lot of personal issues at the time of the attack. However, his apology was made in vain.
Last week, Smoker was fired from the Santa Fe Police Department, while Singer walked away with a $15,000 settlement. Two other officers were also reprimanded for witnessing the attack and doing nothing about it. Officer Robert Hollingsworth also lost his job, while David Rael was suspended for 40 hours.
But it appears that not all police departments have a problem with such excessive and unnecessary force. As soon as Smoker was fired, he was immediately rehired by the Cuba, New Mexico Police Department, where, apparently, their approach to law enforcement is a lot like that of, well, Cuba.
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| Jonathan Baez |
4. John Cicero and William Green
You'd think that since the infamous Rodney King case, police officers looking to use an arrestee as a punching bag would have gotten a clue and put one of their own on the look out for any pesky private citizens lingering with a video camera. Or, you know, just refrain from beating suspects altogether. But some cops are just not that bright, as this here list is proving.
Take the recent case of NYPD officers John Cicero and William Green.
On January 5, Cicero and Green were called to the Bronx as part of an undercover drug bust. Things went terribly wrong as officers began chasing a suspect who was part of their investigation. Apparently, they got sidetracked when a pit bull was released and began attacking a cop, who fired at the dog, but missed and ended up hitting two other police officers.
It's unclear exactly what happened next or why 24-year-old Jonathan Baez was arrested at all. The police haven't said if he was one of the suspects in the raid. And they've already said that he wasn't the person who released the pit bull.
All we know is that Baez found himself in handcuffs, splayed out on the sidewalk with his face in the cement as Cicero and Green took turns punching and kicking him.
Fortunately for Baez, someone was filming the scene from their apartment window. That person then turned the video over to the Bronx District Attorney, who immediately launched an investigation into the case. (You can watch the video here.)
While all charges against Baez have been dropped (he was initally charged with resisting arrest and obstructing governmental administration), Cicero and Green have been suspended without pay. Their supervising officers were also reassigned to desk duties.
Baez's lawyer also recently announced that they'd be filing a multimillion dollar suit against the NYPD, which is already facing another civil suit in the case of Michael Mineo, who was recently sodomized by NYPD officers.
If NYPD officers keep up this sort of atrocious behavior, there'll be no more NYPD before you know it.
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| Jeffrey Asher |
3. Jeffrey Asher
Melvin Jones III may not be the most upstanding citizen. But, apparently, neither is Springfield, Massachusetts patrolman Jeffrey Asher.
The two had the chance to meet in November, when Asher pulled over the car that Jones was riding in because the muffler was dragging. When Asher ran the driver's license, it turned out to be suspended. Asher simply told her that a licensed driver had to finish her trip. And then he turned his attention to Jones, who Asher later claimed was acting "unusually."
Asher asked Jones to get out of the car. Apparently, Asher's hunch was right about Jones, who happened to be carrying cocaine, weed, and Percocet. But when Asher went to arrest the 28-year-old, Jones allegedly resisted and things turned nasty.
For whatever sins Jones may have committed, Asher committed just as many that November night, according to footage taken of the incident, which you can see here. Asher is shown repeatedly beating Jones with a metal flashlight, while another officer refers to him as a "nigger." You can tell that Jones is already unconscious before Asher pummels his limp body another dozen times.
Jones was later rushed to the hospital. He was treated for broken bones in his face, including
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| Melvin Jones |
his eyes and nose, as well as several other broken bones throughout his body. He is now partially blind and has already undergone one phase of reconstructive surgery. At the time of his treatment he was also tested for traces of drugs or alcohol in his system, of which there were none.
Asher says he did what he needed to do to subdue Jones, who he claims tried to runaway, before breaking a side view mirror on his patrol car and attempting to grab a gun from another officer.
But it appears that this isn't the first time Asher has faced accusations of police brutality. In 1997, he was suspended for six months after he was caught on tape kicking a handcuffed suspect in the face. Then, in 2004, he was involved in another incident where he dragged a man in the middle of a diabetic seizure out of his car and then beat him unconscious on the pavement while witnesses begged him to stop. He is also involved in another case from 2008, where he arrested Raymond Bessette outside of a nightclub. That man is currently being charged with assaulting Asher, though Bessette is claiming he was only acting in self-defense.
We'd just like to note that all of Asher's victims have been black men. Coincidence? We think not.
Jones is still facing charges for possession as well as assault and battery on a police officer.
As for Asher, he and four other officers who were on the scene are under criminal and internal investigations, but no disciplinary action has been taken just yet. However, it appears that Asher is currently on medical leave. In January, he failed to appear for a hearing in the Bessette case, claiming that his doctor had ordered him to refrain from any stressful activities that could exacerbate his current state.
Huh. Little did we know that "racist" was a medical condition.
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| Jordan Miles |
2. Richard Ewing, Michael Saldutte, and David Sisak
As we head into our top two police blunders of the week, we are at no loss for reasons why the black community has such a hard time trusting the police.
For those who still remain unconvinced, however, we bring you the case of 18-year-old Jordan Miles.
On January 11, Miles, a senior violin student at Pittsburgh's prestigious Creative and Performing Arts High School, was walking to his grandmother's house, minding his own business, when he was confronted by three plainclothes police officers who began screaming "Where's the money? Where's the gun? Where are the drugs?"
Before Miles had a chance to respond, officers Richard Ewing, Michael Saldutte, and David Sisak shot him to the ground with a taser gun before kicking and punching him, beating him in the face with a tree branch, and pulling out his dreadlocks.
Obviously, Miles never made it to his grandmother's house. Instead, he landed in the hospital, sustaining all sorts of facial and bodily injuries.
The three officers later claimed that Miles had been standing up against a building, looking suspicious, with something heavy in his pocket. They assumed it was a gun. It turned out to be a Mountain Dew, they said. They even tried to charge the kid with resisting arrest and assaulting a police officer, but the charges have since been dropped. Moreover, Miles claiming that he wasn't even carrying a Mountain Dew at the time of the incident.
Since then, all three officers have been suspended without pay. The city has also promised to conclude its investigation into Mile's case by the end of this month -- when the officers may face firing and criminal charges.
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1. Massachusetts State Police
In the top spot of the week, we bring you the story of Kenneth Howe -- a man who didn't just suffer a beating at the hand of police officers, but was killed in the process.
On November 25, Howe tagged along with two friends who were going to check out a boat they'd found for sale on Craigslist in a nearby town. Along their journey, they also stopped to load up on Thanksgiving groceries.
As the three men headed back home toward Worcester, Massachusetts, Howe sat in the back of his friend's truck and lit up a joint before noticing a DUI checkpoint in the distance. He quickly tried extinguishing his spliff and fastening his seatbelt. But it was two late. The men were already being pulled over, according to a lawsuit filed by Howe's family.
The lawsuit claims that Howe was forcefully removed from the truck by Massachusetts officer Jodi Gerardi, who then shouted to other officers that he was assaulting her. Howe's friend, Michael Garbauskas, who was driving the truck, says that never happened.
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| Kenneth Howe |
Still, more than a dozen officers ran to Gerardi's side. As they placed Howe under arrest, a reporter from The Eagle-Tribune -- whose offices were near the checkpoint -- began snapping photos of the incident. The 43 pictures show over a dozen officers surrounding the 45-year-old, who was laying face down in the ground, while four officers sat on him. He was then taken to the state barracks in Andover, where, while he awaited booking, he slumped over into a coma. The police allowed him to sit there for nearly 46 minutes before seeking medical attention. But, by then, it was too late. Howe was pronounced dead on arrival at the hospital.
The state medical examiner recently declared Howe's death a homicide, claiming he died from blunt impact to the head and torso with compression to the chest as a result of a struggle with police.
Still, however, none of the officers at the checkpoint that night have been disciplined or suspended -- which has Howe's family rightfully enraged.
Howe left behind a wife and two daughters, ages 10 and 15. His family announced last week that it was filing a civil rights and wrongful death suit against all 35 officers on the duty roster of the checkpoint. Apparently, the whole incident is still under investigation by the Massachusetts State Police -- the very same body responsible for Howe's death.
Check out last week's Top 5 Police Blunders and read all about Officer Stephen Mitchell, who was recently slapped with 43 sexual assault charges.
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