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Only a few bad apples huh?...Bad Cops Thread

http://www.startribune.com/madison-...g-racially-charged-cellphone-video/492998931/

Southern Minnesota police chief accused of posting racially charged cellphone video

Chief Daniel Bunde of Madison Lake ended the video by saying "Wake up, America."

A video surfaced online Tuesday that shows the police chief of Madison Lake, Minn., population 1,017, complaining about non-English speakers at Yellowstone Park this summer, apparently while on vacation.

Chief Daniel Bunde turned on his cellphone camera while sitting with others at the national park and, after telling his viewers where he was, turned the camera around to catch bits of the conversations going on around him.

“All I hear is blablablablabla,” he said. He tips his head forward a few times to show the “Veteran” baseball cap he’s wearing, before signing off with, “Wake up, America.”

Bunde didn’t respond to a phone call or email Tuesday, but the Madison Lake city administrator told a Mankato TV station that he spoke with Bunde and didn’t want to pursue the issue any further.

Administrator Curt Kephart added that the anonymous tipster who sent the video to the Madison Lake City Hall and KEYC in Mankato should be cautious before making judgments about Bunde.

“Be very cautious before we call people racist,” Kephart told the TV station.

Kephart didn’t return a phone call Tuesday.

Madison Lake is located about 80 miles southwest of the Twin Cities.
 
https://www.nbc4i.com/news/local-news/family-of-tyre-king-sues-city-of-columbus-officer/1444747376

Family of Tyre King sues city of Columbus, officer

COLUMBUS (WCMH) – The family of a 13-year-old boy killed by a Columbus police officer is suing the City of Columbus for wrongful death and civil rights violations.

The lawsuit names the City of Columbus, Officer Bryan C. Mason and Chief Kim Jacobs as defendants. It was filed on the behalf of the Estate of Tyre King.

King was killed on September 14, 2016 while police were responding to a report of an armed robbery near the corner of South 18th Street and East Capital Street in Columbus.

The lawsuit claims Officer Mason used excessive force when he shot King as he was running away. It claims a witness said he never saw King holding a gun. The lawsuit also claims Officer Mason fatally shot King, then called him a “dumb n*****.”

According to Columbus police, King was shot when he pulled a gun from his waistband when officers tried to take him into custody. That gun was later determined to be a toy gun.

A grand jury declined to indict Mason on criminal charges in May of 2017.

The lawsuit also accuses the Columbus Division of Police of endorsing “the excessive, unreasonable and unjustifiable force that is connected to this fatal shooting and that placed Tyre and continues to place the public at unnecessary risk of death and/or injury from not only Officer Mason, but from others in the department who have a similar proclivity to use force unreasonably and inappropriately.”

An unspecified amount of damages and legal fees are requested by the plantiffs.
 
https://www.commercialappeal.com/st...er-shot-injured-man-south-memphis/1343857002/

MPD director: Officers had body, dash cameras off during South Memphis police shooting
The scene at the Sept. 17 shooting in South Memphis was tense as friends and family of Martivious Banks demanded answers. Memphis Commercial Appeal

Memphis Police Director Michael Rallings said some police officers involved in a shooting Monday evening in South Memphis appear to have improperly switched off body and vehicle cameras that the department uses to ensure officer accountability.

“At this stage in the investigation, I am not confident that policy was followed,” Rallings told reporters. He said this information led to the decision to turn the inquiry into the shooting over to the Tennessee Bureau of Investigation.

The shooting of Martavious Banks, 25, immediately triggered angry protests from his family members as well as from activists. A witness told The Commercial Appeal he saw officers open fire without giving verbal commands.

Banks' mother and others have said he was shot in the back. Police officials didn't comment on this on Tuesday.

The police department has said that officers tried to stop Banks in a car at Gill and Pillow, that he drove off, then was stopped again nearby and fled on foot. That's when the shooting happened. The police department has said a gun was found in the area, but hasn't released details.

Rallings told reporters the officer who fired at Banks did not have his body-worn camera turned on, as is required. A police department spokeswoman, Lt. Karen Rudolph, said it's unclear if the officer switched it off or never had it turned on. That officer has been relieved of duty during the investigation.

Memphis police director Michael Rallings told the media on Tuesday that officers involved in a police shooting were placed on suspension. Phillip jackson, The Commercial Appeal

It's not clear if any other cameras picked up the shooting.

“After further review, it was discovered that two additional officers who were involved in the original stop at Gill and Pillow deactivated either their body-worn cameras or in-car video systems during the pursuit from Gill to Pillow,” Rallings said.

Those two officers have also been relieved of duty pending the outcome of the investigation, Rallings said.

TBI to investigate shooting
Shelby County District Attorney General Amy Weirich made the request Tuesday afternoon that the state agency look into the shooting, said TBI spokeswoman Susan Niland.

“The Memphis Police Department made me aware today of new information related to last night’s shooting," Weirich said in a statement. "Based upon this information and with the full agreement of the Memphis Police Department, I have asked the TBI to conduct the investigation.”

Up to that point, the Memphis Police Department had been looking into the shooting without the involvement of the TBI. Officers took down crime scene tape shortly before midnight, opening the shooting scene to vehicle and foot traffic.

TBI agents will still seek to collect evidence and interview relevant witnesses, Niland said. The agency hadn't been called in to investigate the shooting up to this point because the man who was shot did not die, and a memorandum of agreement among agencies focuses on fatal shootings.

Tami Sawyer, a longtime activist on social issues who was recently sworn in as a Shelby County Commissioner, posted on Facebook that she and Rev. Earle J. Fisher visited the wounded man in the hospital on Tuesday.

"We spoke to Ms. Banks, his mother after praying for Martavius. This wasn’t an easy visit and I can’t share what we saw but know that #thingsarenotok," she wrote. "According to his mother, Martavius has had multiple surgeries and is still in extremely critical condition."
 
https://www.dallasnews.com/news/tex...olice-high-school-students-will-ease-tensions

Dallas Sen. Royce West hopes new training for Texas drivers, police and high school students will ease tensions

AUSTIN — A peaceful protest in downtown Dallas over the police shootings of Alton Sterling and Philando Castile turned violent in July 2016, when a gunman took the lives of five police officers.

At the time, Dallas Sen. Royce West called Dallas “ground zero for change” and said he wanted to address the tension between law enforcement and the minority community. The result is a law the Legislature passed last year to require that Texas students, drivers and law enforcement be taught how to behave during traffic stops.

He said the bill he wrote focused on traffic stops because Castile was fatally shot by a Minnesota officer while he was reaching for his driver’s license. In July 2015, Sandra Bland was arrested after a traffic stop in Texas and later found dead in her jail cell.

“Sometimes people get pulled over and fumble around in their car trying to get their driver’s license, and if you’re a police officer, you may take that the wrong way,” West said. “We want to make sure drivers understand what they should and shouldn't do when they’re stopped and understand their rights.”

But critics of the law say that during traffic stops, the onus should be on police.

“While in theory this legislation sounds good, it does some victim-blaming,” said Edwin Robinson, director of Dallas-based Faith in Texas, which advocates for racial justice. “It seems like a way of deflecting the conversation from what it really needs to be — police accountability.”

The law also wouldn’t prevent a shooting like that of 26-year-old Botham Jean, a black man who was killed in his apartment last week by Dallas police officer Amber Guyger.

What is the Community Safety Education Act?
The law requiring the training program went into effect Sept. 1. The State Board of Education and the Commission on Law Enforcement created the program with help from the Department of Public Safety, Department of Licensing and Regulation and the Austin, Houston and Dallas police departments.

In June, DPS incorporated information about expected behavior during traffic stops into driver’s license education and testing. West said anyone in Texas who wants a license will have to read the content, and at least one question on the exam will cover traffic stops.

The agency also added instructions to file complaints or concerns.

“You need to comply in the streets, but you can complain in the courtroom,” West said. “It’s important for people to know their rights.”

Requirements for high school students
Beginning with current freshmen, high school students are required to undergo the training and have it marked on their transcript before they’re allowed to graduate.

“A video will be the primary source for the instruction,” said Monica Martinez, curriculum spokeswoman for the Texas Education Agency. “The video will walk through two different traffic stops — one showing common mistakes made and the other showing the more ideal traffic stop.”

The 16-minute video shows Houston officers answering common questions — where to put your hands, how to pull over, what to do with your ticket and how to file a complaint.

School districts can determine the class in which they’ll show the video, Martinez said.

A spokeswoman for Dallas ISD said the district plans to teach the program in freshman government classes. Fort Worth ISD is planning to show the video in freshman social studies courses but exploring other options.

The TEA created a teachers’ guide and suggested they test students before and after watching the video to assess their understanding of the material. It lists questions teachers can ask, such as how students feel when they’re stopped and how they think the officer feels.

Requirements for law enforcement
Police officers will be shown the same video and be given a refresher on traffic-stop material they learned in the academy.

“The main thing we want to ensure is that officers are reminded that maybe some people have had different interactions with law enforcement and also to remind drivers that police are people, too, and have a very difficult job,” said Gretchen Grigsby, director of government relations for the Texas law enforcement commission. “The point of the bill is to get back to human interaction.”

Grigsby said about 350 police officers have gone through the training program since it started this month. According to the TCOLE website, there are 78,221 peace officers in Texas.

“This education for drivers and students, paired with police getting the same education, will help everyone understand what the expectations are,” West said.

Will this law be effective?
West said the training program does not address racial profiling because the purpose of the bill is more universal, but he pointed to other legislation that does.

Senate Bill 158, which he wrote in 2015, outfits more officers with body cameras and includes a provision allowing citizens to file open records requests to receive the footage.

The Sandra Bland Act, which passed last year, addresses the mental health needs of people who are detained and includes requirements for data on racial profiling.

Robinson, the racial justice advocate, said it’s good that lawmakers are making an effort, but he’s not sure the traffic stop education will be effective.

“This is an attempt to do something,” he said. “Unfortunately, just doing something isn’t enough when people are dying, being shot and killed.”

Law enforcement officials are more optimistic about the the program and say it will help community relations.

“Any instruction to the public on what is expected and why police do what they have to do is positive,” said Michael Mata, president of the Dallas Police Association.

But he said officers could do a better job of communicating to prevent misunderstandings.

“Officers are human beings, and humans don’t always have the gift of gab,” Mata said. “Maybe some officers don't have the talent other officers may have of explaining and communicating. Any training from the department [for officers] is positive.”

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https://www.eastbayexpress.com/Seve...e-body-camera-video-of-demouria-hogg-shooting

After Three Years, Oakland Police Release Body-Camera Video of Demouria Hogg Shooting

But the footage still leaves questions about what happened right before he was shot.


The Oakland Police Department has released body-camera footage from the officer who shot Demouria Hogg over three years ago. Oakland police released the video in response to a public records request after repeatedly denying and ignoring requests for the video.

Hogg, 30, was found unconscious in his gray BMW 520i at Lake Park Avenue near Lakeshore Avenue on June 6, 2015. A gun was on the passenger seat, so when firefighters found him at about 7:30 a.m., they called Oakland police.

Police shut down the street, which is a highway offramp from Highway 580 near Lake Merritt. It was a Saturday and a weekly farmers’ market was underway nearby.

After officers tried unsuccessfully to wake Hogg for more than an hour, they approached the driver’s side window and broke it. Almost as soon as the window was broken, Officer Nicole Rhodes, who was providing lethal cover, fired two rounds. Officer Daniel Cornejo-Valdivia simultaneously hit Hogg with a Taser.

After the shooting, Rhodes told investigators that she saw Hogg lean back and reach with his left hand toward the passenger seat, where there was a gun.

It’s impossible to tell from the video whether Hogg moved before Rhodes shot him. The camera mounted on Rhodes’ chest is pointed slightly down, and doesn’t capture what is happening inside the car.



Once Officer Karl Templeman breaks the window with a crowbar, officers can be heard shouting “Don’t move!” repeatedly. Rhodes fires about five seconds later.

The officers then tried to pull Hogg out of the broken window. Hogg appears to be incapacitated and limp as the officers tried to pull him out. Rhodes continued shouting, “Don’t move!” and pointing her gun at him as the other officers pulled Hogg from the car. Once he was on the ground, she holstered her weapon and walked away, breathing heavily. The officers called for medical assistance.

Sgt. Wilson Lau, who had coordinated the plan to get Hogg out of the car, then approached Rhodes and said something inaudible.

“Yeah, I’m good,” Rhodes responded. She said she shot Hogg twice in the chest, though an autopsy would later reveal he was only hit once.

The Alameda County District Attorney’s Office investigated the shooting and declined to file any criminal charges against Rhodes on Feb. 8, 2016.

A separate review by the Citizens Police Review Board found that Rhodes, Lau, and Cornejo-Valdivia had all acted within department policy. Rhodes and Lau remain with the Oakland Police Department and Lau was promoted to lieutenant.

Hogg’s family sued and reached a settlement with the city for $1.2 million in September 2016.

While some police departments, such as the San Francisco Police Department, have tried to bolster community relations by releasing body-worn camera footage days or weeks after a shooting, Oakland police have mostly tried to prevent its release.

Under California law, police departments can withhold information for cases under investigation, and officer-involved shooting investigations can take years.

Oakland police released more than an hour of body camera video showing the standoff that preceded the shooting, with Rhodes spending most of it crouched behind a patrol car.


 
http://www.latimes.com/local/lanow/la-me-police-misconduct-complaints-20180923-story.html

California police uphold few complaints of officer misconduct and investigations stay secret


Angry that she had been falsely accused of a drug crime, Tatiana Lopez filed a complaint against a Los Angeles County sheriff’s deputy who had arrested her on suspicion of possessing methamphetamine.

But when Lopez met with a sheriff’s lieutenant to discuss her accusation, he urged her to drop her complaint, she said.

After a preliminary investigation, the Sheriff’s Department ruled the deputy had done nothing wrong, without giving her any explanation.

It would take years of legal battles before a judge exonerated Lopez and a new internal investigation led the department to fire the deputy for lying about her arrest.

Lopez is one of nearly 200,000 members of the public who filed a complaint against California law enforcement officers in the last decade. Her initial complaint ended the way most did — with police rejecting it without saying why.

A Times analysis of complaint data reported to the California Department of Justice shows law enforcement agencies across the state upheld 8.4% of complaints filed by members of the public from 2008 to 2017.

In a state with some of the strictest police privacy laws in the country, those who make complaints against officers are entitled to learn little more than whether their allegations were found to be true or not. They are given no other explanation about how a final decision was reached, what was done to investigate their allegation or whether an officer was disciplined.

A bill that cleared the state Legislature last month would begin to address the issue by opening up records from internal investigations into shootings by police officers and other major force incidents, as well as cases where officers were found to have committed sexual assault or lied on duty. Gov. Jerry Brown has not said whether he will sign the measure, Senate Bill 1421.

But even if he does, records from the vast majority of internal affairs investigations would remain secret.

The Times’ analysis of complaint data found several of California’s largest police agencies sustain complaints at a lower rate than the state average, including the L.A. County Sheriff’s Department and the Los Angeles and Oakland police departments.

Police officials argue that a large number of the complaints they receive are frivolous, filed by suspects they have arrested or others who have an ax to grind. Some said the proliferation of body-worn cameras among California police agencies has helped disprove a larger number of allegations about interactions between police and the public.

In Los Angeles, police said the low rate of upheld complaints was due, in part, to the department’s commitment to accepting a wide array of allegations. The LAPD received 25,006 complaints from the public in the last decade, according to state records. Officials concluded there was evidence proving 1,360, about 5.4%.

“We take every single complaint on the planet,” said Josh Rubenstein, the LAPD’s chief spokesman. “When you open yourself up to that wide a spectrum, you are going to get a high number of complaints that are not legitimate.”

Cmdr. Michael Hyams, who heads the LAPD’s Internal Affairs division, said that by examining even the flimsiest of allegations, the department has proved it will heavily scrutinize its own officers. He noted there has been a dramatic drop in citizen complaints against LAPD officers. State records show the number fell by roughly 67% from 2008 to 2017.

At the Sheriff’s Department, internal investigators upheld only 69 of 15,661 complaints made by members of the public in the last decade, less than 1%, according to figures the agency reported to the state.

Nicole Nishida, a department spokeswoman, said the agency had under-reported the number of sustained complaints to the state. By the department’s own accounting, roughly 8% of all public complaints were upheld from 2004 to 2016, she said.

Peter Bibring, director of police practices for the American Civil Liberties Union of California, said that a low rate of sustained complaints does not necessarily mean a department is doing a poor job of policing itself, but the lack of information disclosed about those investigations is a significant problem.

“If their complaint is rejected, they are not told why,” he said. “That lack of transparency prevents the public from having any faith that the process is working.”

California law requires police departments to report the number of citizen complaints and the outcome to the state’s Department of Justice, but no agency audits the data to ensure the figures are accurate. A DOJ spokeswoman said her agency is not required by law to conduct audits and hasn’t been given funding to do so. The state has gathered such data since 1981 and expanded the database to include information about racial profiling complaints in 2016.

Wayne Fisher, a former deputy attorney general in New Jersey who helped set the state’s guidelines for monitoring internal affairs complaints, said it was pointless to collect the data without checking to see whether some agencies are rejecting an abnormally large number of complaints and deserve more scrutiny.

“It acts as a pointer system to certain other areas that are screaming for analysis,” said Fisher, who now leads the Rutgers University Policing Institute.

Francine Tournour, a civilian watchdog for the Sacramento Police Department, agreed. Police departments need to be more open about their investigations into complaints about officers if they want the public to trust the results, she said.

“Part of this is customer service. Part of this is the relationship building,” she said. “If you have a process where people make complaints … and there’s no feeling that the complaint was taken seriously, you may see people stop bringing things to the department.”

In Sacramento, a city with a population of nearly 500,000, police reported only 18 complaints to the Department of Justice last year. Det. Eddie Macaulay, a department spokesman, said the agency did not include an additional 301 informal ”inquiries,” a label used when department officials believed it was clear that an accusation did not amount to a violation of policy or crime. Had the department included those inquiries in its reporting to the state, its rate of sustained complaints would have plummeted.

Tournour, who heads the Sacramento Office of Public Safety Accountability, warned that handling such complaints informally can distort the history of documented allegations against individual officers — and a department as a whole.

In 2016, Jasmine Abuslin accused more than a dozen Oakland police officers of having sex with her, sometimes in exchange for information about prostitution raids. Her accusations — including that the misconduct began when she was underage — sparked a scandal that made national headlines and led to the firing and prosecution of several police officers.

During her first contact with an internal affairs investigator, Abuslin said the police official seemed uninterested in her allegations.

“I felt like she wasn’t taking me seriously,” she said.

She also accused internal affairs investigators of threatening her for coming forward and of allowing her to delete text messages that could have proved her allegations.

Members of the public have filed 16,345 complaints of misconduct against Oakland police officers in the last decade, according to the state data. Only 1,073 of those complaints, roughly 6.5%, were sustained.

Oakland police did not respond to requests for comment.

In recent years, police agencies in California have had to report more details about citizen complaints and their outcomes, including how many they decided were false, involved conduct that did not amount to a policy violation or could not be proved or disproved. Last year, police agencies statewide concluded that 28% of complaints were false.

In Fresno, Chief Jerry Dyer said he has sought more thorough investigations and urged his internal affairs department to revisit investigations where it could not prove or disprove a misconduct allegation.

Fresno has one of the highest rates of sustained complaints among California’s largest cities. The department upheld 325 out of 1,332 citizen complaints in the last decade, roughly 24%, according to the state data. Last year, the agency reported it couldn’t prove or disprove less than 6% of complaints made by the public, compared with the statewide average of 25%.

The push for more conclusive results better serves the community, said Dyer, adding that he supports releasing more information about the way complaints are reviewed. The current process, which sees citizens simply receive a form letter announcing a complaint’s disposition, “raises a lot of concerns on the part of those voicing the complaint,” Dyer added, though he said he does not support making individual officer disciplinary records public.

For Lopez, the shortcomings of the internal investigation into her complaint about L.A. County sheriff’s deputies destroyed her trust in law enforcement.
 
The Downey woman was a college student with no criminal record in 2009 when three deputies trained their guns on her in a gas station parking lot. Deputy Francisco Enriquez alleged he found several bags of methamphetamine in his cruiser after she rode in its back seat. He said they fell out of her pocket.

Lopez’s attorney, Thomas Beck, later obtained sheriff’s radio transmissions proving Lopez was never in Enriquez’s car.

Lopez said the ordeal had a lasting effect.

“I was terrified of cops. Anybody in a uniform,” said Lopez, now 34. “I didn’t know who to trust.”

After an initial Sheriff’s Department review concluded that Enriquez and the other deputies did nothing wrong, the agency conducted a second investigation when Beck confronted authorities with the radio transmissions. A judge declared Lopez factually innocent. Enriquez was fired and charged with perjury, though the case was dismissed in 2015 after two separate juries deadlocked.

Nishida, the Sheriff’s Department spokeswoman, said “appropriate administrative action” was taken in response to Lopez’s allegations. She said she could not comment on what, if any, disciplinary action was taken against other deputies involved in Lopez’s arrest, citing California law that protects police discipline records from public scrutiny.

The Sheriff’s Department never gave Lopez any information about the results of its internal investigation into her allegations, Beck said. In all, Lopez and Beck said eight Sheriff’s Department employees were involved in the incident that led to her fraudulent arrest.

“The rest of them got away with all of it,” Beck said.
 
https://www.azfamily.com/news/unarm...cle_2006275c-c06f-11e8-ab66-57e12884ee19.html

Unarmed black man shot by Phoenix police officer claims police brutality

PHOENIX (3TV/CBS 5) - An unarmed black man shot by a Phoenix police officer claims police brutality and wants all charges against him dropped.

On Monday, 36-year-old Edward Brown showed the bullet wound to his back but didn’t talk about the incident.

His lawyer, former Arizona Attorney General Tom Horne, said Brown is in a lot of pain and is paralyzed from the chest down.

According to court documents, officers responded to the area of 21st Avenue and Glenrosa on Aug. 5 because of reports of “possible drug activity” in an alley.

When officers arrived, there was a group of people in that area that scattered.

The incident report stated Brown ran away, tried to jump a fence, reached down toward his foot, turned around and ran back toward the officer and “swiped” at the officer’s gun.

The officer, according to court documents, shot Brown because he tried to get the officer’s gun.

Brown, who was unarmed, denied trying to grab the officer’s gun.

“If Edward had been trying to take a gun away from the police officer, as has been alleged, as it has come from the police department, he would've been shot in the front, not in the back,” said Horne.

The incident report also stated during an interview, “Brown admitted to running from officers because he had a felony warrant.”

Detectives also found a bag of marijuana on Brown, but in the incident report, told officers it wasn’t his and had to have been “planted by the officer.”

However, on Monday, he showed reporters his medical marijuana card and claimed the amount he had on him was legal.

Brown’s family doesn’t believe he deserved to be shot.

“What the Phoenix Police Department did to him is unjustifiable and the officer needs to be punished,” said Susan Little, Brown’s mom.

“I definitely feel like it was racially motivated,” said his sister-in-law Jodi Jackson. “Hearing him suffer, not receiving medical attention, it's been difficult.”

The family has created an online fundraiser to help pay for legal expenses: https://www.gofundme.com/another-innocent-unarmed-suspect

The Phoenix police officer was not wearing body camera video.

Arizona's Family reached out to Phoenix police for comment on the police brutality claims, but a spokesperson said, “We do not discuss pending litigation.”

According to Phoenix Police Sgt. Mercedes Fortune, there have been 38 officer-involved shootings in Phoenix this year.
 


https://thehill.com/blogs/blog-brie...ows-washington-police-officer-kick-boy-in-the

Viral video shows Washington state police officer kick boy in the back

A Washington state police department is conducting an investigation into an officer’s use of force while breaking up a fight on Sunday night that prompted public outrage.

ABC News reported on Wednesday that the Yakima Police Department opened a probe earlier this week when a viral video on Facebook showed a boy being pepper sprayed and kicked in the back by an officer.

In the video, which had since garnered 288,000 views as of early Wednesday, the officer can be seen kicking the boy while other officers on the scene shouted "get on the ground.”

Gary Jones, the department's interim police chief, said in a statement obtained by ABC News that the “Yakima Police Department has been made aware of a video posting that involves a Yakima Police officer using force while effecting an arrest last night.”

“Maintaining public trust is one of our highest priorities, and in doing so, investigators will be collecting all available evidence as it pertains to a use of force review,” Jones said.

“Anyone with information concerning this event is encouraged to contact the department and share what information they may have,” he added.

The incident occurred during the Central Washington State Fair in Yakima, which is roughly 150 miles east of Seattle.

The police department has not yet released the identity of the officer in question or the boy who was being arrested.

However, a person who witnessed the incident told ABC News the boy was a high school student in Wapato, Wash.

The woman who captured footage of the incident, Jasmin Hernandez Cervera, said police responded to a brawl involving 15 “young” boys. Cervera said the chaotic scene looked like "any high school fight."

“They were young,” Cervera said, who added that there were no weapons involved in the fight, just “kids swinging at each other.”

An attorney representing the boy, Bill Pickett, told the Yakima Herald the officer’s conduct “abusive and unacceptable” and that his “family wants justice.”

“They need to know that they are heard, and they need to know that this type of conduct is wrong and they need to know that this is going to stop,” he added.
 
https://www.ktbs.com/news/national/...cle_3603d169-d464-5e78-a71c-bd0df957f76e.html

Texas man's shooting by police overshadowed despite momentum







DALLAS (AP) — It was the kind of shooting that had spurred national interest before: A police officer had opened fire into a vehicle, leaving a black man dead.

For residents in the Dallas area, the Sept. 1 killing of 24-year-old O'Shae Terry in Arlington brought to mind the shooting of Jordan Edwards in another Texas city last year. The 15-year-old Edwards and four other black teenagers were in a car and leaving a house party in Balch Springs when a white officer shot into the moving vehicle, killing the high school freshman who was in the front passenger seat.

The officer was fired and, in a rare move, convicted of murder and sentenced to 15 years in prison. The shooting, like Terry's, highlighted a use-of-force tactic that law enforcement experts say is dangerous: firing into a moving vehicle.

Five days after Terry's shooting, police released footage and the case was starting to gain momentum. But hours after the video images of Terry's fatal traffic stop made headlines, attention was already turning to the Sept. 6 shooting of another black man, 26-year-old Botham Jean, a St. Lucia native killed by a white off-duty officer who lived in the same Dallas apartment complex as him.

The shooting resonated with people in a way that Terry's didn't. Jean had not been pulled over by police, but instead was gunned down in his own home by an officer who said she mistook Jean's apartment for her own.

To Terry's mother, Sherley Woods, it's hard not to see the similarities in the deaths of her son and Jean.

"It's the same thing — an officer killed someone for no reason," Woods said. "My son's life was taken by an officer for no reason."

Activist and writer Shaun King said the nation only seems willing to focus on one police shooting story at a time. And in a news climate dominated by coverage of President Donald Trump, he said it's more difficult to attract national interest for stories of police brutality.

"It became really, really difficult to get those stories told," he said, adding that everybody would be talking about Terry's killing had it happened in 2014.

Attorney Lee Merritt, who represents the Terry and Jean families and has handled other police shooting cases, said Jean's death overshadowed the video footage of Terry's killing, but the officers in both shootings should be held accountable.

"At no point did that car represent a danger to (the officer who shot Terry)," Merritt said. He said the Arlington officer should be fired and criminally charged.

William Terrill, an Arizona State University professor who studies use of force, said shooting at a moving vehicle is extremely risky because an officer could miss his target and shoot a bystander, or he could shoot the driver and cause the vehicle to become out of control.

"It's really hard to hit a moving target," Terrill said.

The police footage, which consists of both body and dashboard camera videos, shows an Arlington officer chatting with Terry and his front-seat passenger after pulling the SUV over for a vehicle registration violation. A second officer, responding as backup, arrives and approaches the passenger-side door. The first officer tells Terry and his passenger that she smells marijuana in their vehicle and needs to search it.

The first officer then heads back to a patrol vehicle. About three minutes later, the SUV's windows start to roll up and the backup officer grabs onto the passenger-side window and tells Terry to stop.

The SUV moves forward as three shots ring out. As the vehicle continues moving, two more shots are heard.

The officer who initiated the traffic stop did not open fire. Terry's passenger was detained but later released.

Arlington police have not identified the officer who shot Terry except to say that he has been with the department for eight years. A police spokesman, Lt. Christopher Cook, said in a statement Wednesday that the department isn't naming the officer because of concerns for his safety. Cook said the officer's gun and badge have been taken while an internal investigation continues and he's been assigned a role in which he has no contact with the public.

The day after the shooting, police reported finding a handgun, ecstasy pills and more than a pound of marijuana in the SUV. Merritt said the officer who killed Terry was not aware of the gun and drugs when shooting him.

Terry's mother said her son posed no threat to the officers and the shooting wasn't justified.

"It was wrong. There's no other way you could look at it," Sherley Woods said. She acknowledged Terry had a criminal record but said his past had nothing to do with the shooting.

She said Terry, who was her youngest son, had many positive qualities. She said he was a loving person and spoke of becoming a police officer when he was younger.

Terry enjoyed fixing up cars and would repair his friends' vehicles, his mother said, adding that he was known to pay for the parts himself. He had a job helping supply trucks with diesel fuel, she said.

"His life had value," Woods said, later adding: "I just know I have to get justice for my son."
 
https://www.theguardian.com/us-news/2018/oct/04/san-francisco-police-black-residents-aclu-lawsuit

San Francisco police targeted only black residents in drug arrests, lawsuit claims

ACLU says the arrests of 37 people for selling small amounts of drugs part of a pattern of racial profiling in the department


San Francisco police exclusively targeted black residents during undercover drug arrests as part of a pattern of racial profiling, according to a new lawsuit.

Police in the California city, where only 6% of the population is black, worked with federal authorities to arrest 37 people, all of whom were black, for selling small amounts of drugs, the American Civil Liberties Union of Northern California said in a complaint announced on Thursday. During the operations, one undercover officer was caught on camera declining to buy drugs from an Asian woman and waiting to buy from a black woman, who was later prosecuted.

The suit focused on San Francisco police collaborations with the US Drug Enforcement Administration and federal prosecutors in 2013 and 2014, but the ACLU has alleged that the discriminatory policing and harassment of black people in the city has continued.

“We’ve seen time and time again how racial bias has infected the San Francisco police department’s ability to administer equal enforcement of the law,” Novella Coleman, an ACLU staff attorney, said in an interview.

The allegations are striking given how rapidly the African American populationhas declined in San Francisco, a city that has a serious housing crisis amid a booming tech economy. The city and state have also developed a huge marijuana industry while reports over the years have repeatedly shown that black residents in San Francisco are disproportionately targeted for marijuana and other drug arrests.

In one video included in the complaint, an officer involved in the undercover operations was caught saying “fucking BMs”, an apparent reference to the police code for “black males”, while surveillance footage zoomed in on a group of black people. An undercover officer also approached a black woman to buy drugs and told the woman that he had purposefully avoided buying from an “Asian chick”, the suit said.

In the Tenderloin, the neighborhood where the arrests occurred, surveys have suggested that only half of the people who sell drugs are black, the ACLU said.

A federal public defender representing some of the accused people later argued in court that the police department had singled out black people, leading a district judge to conclude there was “substantial evidence suggestive of racially selective enforcement”.

By then, however, many of the defendants had already pleaded guilty.

The federal prosecutors, who were pursuing charges with one-year mandatory minimum sentences and potentially stiffer sentences, opposed attorneys’ efforts to uncover further evidence about the operations and eventually dismissed the remaining cases.

Some of the plaintiffs’ lives were derailed by the prosecution, said Coleman, adding: “There’s that sense of uncertainty about interacting with law enforcement, and the fear of being in San Francisco and the Tenderloin.”

The ACLU was not aware of any involved officers facing disciplinary action, and one was promoted, she said.

Despite a judge’s assertion of racial bias and the recorded comments of officers, the city of San Francisco has continued to defend its actions. The police department “did not engage in selective enforcement”, John Coté, the spokesman for the city attorney, said in an email Thursday. “The evidence will show that San Francisco police acted in accordance with federal directives.”

The statement also said the police department “prides itself on being one of the most diverse, forward-thinking and transparent law enforcement agencies in the country”.

The police agency in recent years, however, attracted national scrutiny for a scandal involving racist and homophobic text messages sent by officers. A 2016 justice department review also found “institutional bias” against people of color. The city’s police chief was further pushed to resign in 2016 after a high-profile killing of a black woman, which followed numerous controversial killings by police.

The ACLU suit was announced the same day a Los Angeles Times investigation revealed that officers involved in southern California drug enforcement efforts have stopped and searched thousands of Latino drivers without uncovering any drugs.
 
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