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Update: Second Mistrial Declared; Cincinnati Cop Ray Tensing Gets Away With Murder of Sam Dubose

For the second time, a jury has stated that it was deadlocked and unable to reach a decision on charges filed against University of Cincinnati Police Officer Ray Tensing for the July 2015 murder of Sam Dubose. (See videos embedded below for body camera footage of that murder.) The jury initially indicated this morning that it was unable to reach a decision, but were told to go back and continue deliberating. Later this afternoon they returned and stated they were still deadlocked. As a result, Hamilton County Judge Leslie Ghiz has declared a mistrial.

Although it hasn’t been officially announced yet, there won’t be a third trial. So that effectively means Tensing has officially joined the ever expanding club of police officers who have gotten away with murder, including three just this week alone (Tensing, Milwaukee Police Officer Dominique Heaggan-Brown, and St. Paul Police Officer Jeronimo Yanez).

Of course, in order to have their killings declared justified all police officers need to do is state that they “feared for my life” and in order to get a mistrial they just need one of the twelve members of a jury to buy that rationalization. So that bar is incredibly low and that’s mostly by design. The system itself is tilted heavily in their favor and those running that system not only are their friends and co-workers, but have the further incentive of self preservation to push it even further in that direction.

In Tensing’s case, he claimed that he was in danger of being run over by Dubose as he attempted to drive away from a traffic stop the University of Cincinnati police officer had initiated because of a missing front license plate.

Via NBC News:

Tensing asked DuBose for his driver’s license and registration, which he failed to provide. The officer then ordered him to step out of his car and tried to open the door, but DuBose refused. The car began to pull away

With one hand still inside the car, Tensing yelled, “Stop! Stop!” before firing his gun at DuBose, striking him in the head. The car then began traveling out of control before coming to a stop.

Tensing’s bodycam captured the incident.

The men had a conversation for about one minute and 50 seconds before it escalated with Tensing and DuBose in a struggle. Within just a few seconds, Tensing fired his gun.

Two other officers were on scene, and their body cameras captured other angles of the shooting’s aftermath.

Those alternate angles captured by the other officers on the scene, as well as testimony from experts who examined those videos, contradicted Tensing’s claims that he was being dragged by, and in danger of being run over by, Dubose’s car.

It’s also been questioned whether the stop for something as trivial as a front license plate was merely an excuse used to justify a racially motivated profiling of Dubose. Officer Tensing’s unusually frequent history of traffic stops (when compared to other University of Cincinnati police officers) and the high percentage of minorities involved in those stops bolsters those claims.

Of course, the judges, prosecutors, and media are usually on the side of the cops and the general public is taught from the day they are born to believe cops are heroes that never lie or do anything bad. So it’s not that hard for them to at least find that one juror who will refuse to find a cop guilty, regardless of the actual facts presented during a trial. That’s a big part of why it’s almost impossible to convict a police officer regardless of the actual facts on the rare occasions when they get caught doing something outrageous enough to get charged in the first place.

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Update: Officer Jeronimo Yanez the Latest Cop to Get Away With Murder After Philando Castille Verdict

Earlier this afternoon, a jury in Minnesota reached a verdict in the trial of St. Anthony Police Officer Jeromino Yanez. Yanez had been charged with second degree manslaughter after he shot Philando Castille seven times in July of 2016. At the time Yanez decided to start shooting, Castille was reaching for his ID that Yanez had asked him for seconds earlier. Presumably, Officer Yanez was afraid that he was instead reaching for a (legally registered) gun that Castille had informed him of. Castille’s girlfriend, who was also in the car along with their four year old daughter, live-streamed, via Facebook Live, his final moments and her own treatment by the police after the shooting. (Video embedded below.) Philando Castille’s “crime” consisted of having a broken taillight.

Sadly, but not at all surprisingly, the verdict that was announced was “not guilty.” The glaring reality that cases like this and those of Tulsa Police Officer Betty Shelby, who was also issued a license to murder just last month, serve as grim reminders of is that, even on the rare occasions when cops are charged with a crime after unnecessarily killing someone, it’s close to impossible for them to be convicted. Of course, even beyond the basic pre-conditioning of society of the provably false notions that the police are always right and never lie, the deck is always stacked in their favor during these show trials.

A judge controls what evidence can be presented to the jury and what will instead be excluded because it is “inflammatory” or prejudicial. Meanwhile, the onus of presenting that evidence falls to the prosecutor’s office, who work with the police on a daily basis and are dependent on maintaining good relations with them for every other case they pursue. Most trials against police officers are as much a forfeit as they are a loss.

Not only that but the bar is set incredibly low for police officers, even when they kill people that were clearly innocent. All they have to do is wear their Magic Uniform (sometimes they don’t even have to do that) and use those Magic Words, “I feared for my life.” That fear doesn’t have to be justified or even in any way rational. A cop simply has to state that they were afraid and it’s up to the prosecution to somehow prove that this heroic, fearless defender of the public was not in fact afraid for no good reason.

Plus, the media always does their part for the home team helping to glorify the heroic cop and demonizing the victim. Regardless of the circumstances or what you can see with your lying eyes on a video it’s always portrayed as a “tragic mistake” or that victim’s fault. Then they build up sympathy for the killer cops by telling you how much they have already suffered by losing their job and feeling really bad about what they did (oftentimes in spite of evidence to the contrary).

Of course, anyone else charged with a crime generally also ends ups being fired and rarely has the unwavering support of a police union to cushion that blow. yet, nobody says they should just walk free based on that “hardship.” Not to mention the deadly consequences of those officers’ actions inflicted upon those they kill and their families afterwards.

I’ve warned cops and their cult of followers in the past, and in spite of the fact I know there’s pretty much zero chance they will listen, I’ll warn them again: accountability is something you should be seeking for your own sake, as well as for the sake of common decency and there are consequences when you actively work to prevent it.

No justice, no peace” isn’t always just a catchy little slogan to be chanted.

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“What Happened in Vegas” Didn’t Stay in Las Vegas; Police Brutality Documentary Premiers at Cinequest

Last week on March 4th, “What Happened in Vegas” had its world premier to rave reviews at the Cinequest Film Festival, which is held annually in San Jose, CA. (This year there were also additional screenings held in Redwood City.) The documentary by Ramsey Denison is primarily focused on three very questionable shootings of Las Vegas residents by members of the LVMPD (AKA “Metro”) and the lack of any resulting consequences for the officers involved in those killings.

Within Las Vegas all three cases were very prominent incidents that received widespread local coverage and generated significant criticisms against the LVMPD and their handling of them. The inadequacies of the investigations into the questions surrounding those cases and outright cover-ups, as well as the reasons behind them also play a major role in the film.

Trevon Cole and Bryan Yant

The first case featured in the movie is that of Trevon Cole, who was caught on camera selling a very small amount of marijuana to an LVMPD detective. Cole very easily could have been arrested right then or at virtually any other time he stepped out of his house and there was no indication that Cole was or would become violent.

Instead, in order to create a dramatic confrontation intended to be used in a proposed reality show the LVMPD was hoping to create, they decided to conduct a full SWAT raid on his apartment. During that raid, Sgt. Bryan Yant, who had intentionally used falsified information from another person (that actually lived in Texas) with the same name as Cole to attain the search warrant, shot Cole in the head with an AR-15 in front of his pregnant girlfriend, while Trevon was on his knees in the bathroom.

Later, in an attempt to justify their actions, Metro police officers showed up at the house belonging to Cole’s in-laws, where his girlfriend, who was literally within days of having their baby, was staying. They then conducted an illegal search of Cole’s belongings hoping to find something that would incriminate him and provide justifications for the murder.

Not only was nobody held accountable in any way whatsoever for the falsified search warrant, the illegal search afterwards, or the murder itself, Bryan Yant, for whom this was his third deadly shooting, was recently hired by the Las Vegas Police Protective Association as the union representative that advises police officers when they are involved in shootings.

Erik Scott and Costco’s (Conveniently) Malfunctioning Camera

The second and most well known case featured in the movie is that of Erik Scott, who was shot by LVMPD Officers William Mosher, Joshua Stark, and Thomas Mendiola as he walked out of a Costco located in a suburb of Las Vegas known as Summerlin. The original reason that the police were called was because an employee at the Costco had noticed that Scott was wearing a holster under his shirt. Erik Scott was legally registered to carry the concealed weapon that he was armed with that day. However, Costco has a policy against firearms within their stores. After having a discussion about that with Scott, a Costco security guard, Shai Lierley, called Metro and reportedly exaggerated his behavior. (Erik had asserted his legal right to be armed, but had not acted in a threatening manner.)

After an evacuation order was given at the store, Lierley pointed Scott out to Mosher, Stark, and Mendiola. Those officers then proceeded to give contradictory, confusing, and aggressive orders to Scott. Shortly after, Mosher shot Scott and after he had already fallen to the ground Stark and Mendiola followed suit firing numerous rounds into his body as he lay already mortally wounded.

Like most large retail stores, that Costco location had security cameras throughout the inside and outside of the store. One of those was situated where it should have recorded the entire confrontation. By some amazing “coincidence” that one surveillance camera just happened to be malfunctioning that day and all the footage from that specific time was unrecoverable.

In the movie, Erik Scott’s father, Bill, also describes how the police soon realized that a report by the EMT in the ambulance that transported Erik to the hospital where he was pronounced dead had noted that there was a gun on his body still within the holster. the problem with that was that the police had at some point retrieved that gun and placed it at the scene of the shooting to corroborate their story that Scott had pulled his gun as a justification for it. The next day, even after they were denied permission to do so by Erik’s brother, who lived with him at the time, Metro officers conducted an illegal search on his apartment under the pretense of securing his property. Not long after, the narrative became that Scott had actually been carrying two guns at the time of the shooting.

As was the case with those involved in the Trevon Cole murder, Erik Scott’s killing was ruled justified. In fact, Mosher and Stark were given awards for bravery during the murder of Scott shortly afterwards. (Mendiola had been fired by that point for giving a gun to a felon.) Both of them are still employed with the LVMPD.

Stanley Gibson and Jesus Arevalo

The third case featured in the movie is that of Stanley Gibson, a Gulf War veteran who had cancer and PTSD, both of which were caused by his military service. Partially as a result of his medication being cut off by the Veteran’s Administration and partly because of the effects of the cancer on his memory, Gibson entered the wrong apartment complex after having just moved. Police were called after someone saw him attempting to open the door to the apartment he thought was his and soon after they had blocked his car in inside the parking lot.

In spite of the fact that Gibson’s car was completely blocked in by two unoccupied police cars (see embedded video below) and would not have been able to move, the police at the scene decided they could not simply wait him out. Instead, they concocted a plan to break out Gibson’s back window with a bean bag round and then shoot pepper spray into the car (which is against Metro’s policy) to force Gibson, who at the time was unresponsive, to come out of it. However, once the bean bag round was fired, Officer Jesus Arevalo fired seven times with his personal AR-15, later claiming that he thought the firing of the bean bag round was Gibson shooting at them.

While the investigation was still ongoing Arevalo’s soon to be ex-wife was recorded stating that, among other things, he had said before Gibson’s killing that he wanted to shoot someone so he could get paid time off, had referred to Gibson using a racial slur and expressing disdain for him, and had bragged about how fast he was able to fire off those seven rounds. Not surprisingly though, Stanley Gibson’s shooting, like every other police shooting in the entire history of the city of Las Vegas was ruled justified. Not only that but Arevalo was placed on disability as a result of stress from the shooting and given a monthly payment of $23,000 to $28,000 (plus cost of living increases) for the rest of his life.

Beaten and Arrested for Reporting Police Brutality

Several other non-fatal incidents are also featured in the movie, including an unarmed and innocent man who was shot at a local 7-11 after he was mistook for a murder suspect and a man who used a hidden GoPro camera to film himself being assaulted and falsely arrested by a “saturation team” after he refused to provide ID as a passenger at a traffic stop (which he legally was not required to do). The video in the latter case also captured audio and video of those officers stating as they searched his car that they “had to find something” to justify his arrest, after the fact.

The other incident featured within the movie is director Ramsey Denison’s own arrest by Las Vegas Police Officers Mark Belanger, Kyle Frett, and Jared Casper. While on vacation in Vegas, Ramsey saw those three officers both verbally and physically abusing a man they had already taken into custody and successfully handcuffed.

Not having seen that type of behavior from cops before and having a positive opinion of the police from working on “true-crime” shows as a film editor in Los Angeles, Denison made the rookie mistake of calling 911 and reporting the officers. The 911 operator responded by calling Belanger, Frett, and Casper to let them know someone had called to report misconduct by them. They then promptly came over and beat, then arrested, Denison.

Later, both the supervisor who had responded to Denison’s 911 complaint and the Internal Affairs “investigators” rubber stamped their approval of his treatment by the trio of Metro officers. Also not terribly surprisingly, he was later told that none of the cameras at the club where his assault took place were turned on that night, effectively precluding him from being able to file a lawsuit to attain some sort of justice. That, along with his experience in the jail and during court, prompted Denison to begin looking into the history of the Las Vegas Metropolitan Police Department and eventually to make “What Happened in Vegas.

Shining a Light on the Darkness within the LVMPD

Ramsey contacted me a couple months after his arrest, which was also not long after I and several other members of Nevada Cop Block were arrested for the ridiculous charge of graffiti (and even more ridiculous “conspiracy” charges) for writing with chalk on public sidewalks during protests over the murder of Stanley Gibson, whom I was friends with in high school, and Metro’s many other victims, including Erik Scott and Trevon Cole.

After meeting with him and getting the feeling that he was genuine in his intentions, I agreed on doing an interview, much of which was included in the movie. Also, while I was limited on what I could discuss about our arrests for chalking, due to lawsuits we had filed (which are still active to this day) as a result, that is discussed in general terms within the film. In addition, several scenes shot of me chalking were included in the movie.

Due to the connections I had built working with Nevada Cop Block and during those demonstrations, I was able to point Denison toward several people within Las Vegas that I felt would potentially be helpful, including some who knew or were related to Erik Scott, Trevon Cole, and Stanley Gibson. I’m happy to say that Ramsey did a great job of seeking those people out, building trust with them, and presenting them in a convincing, professional, and impactful way within the movie.

He also did a great job of researching the background of those featured in the movie and portraying them as real people, as well as separating their true characters from the smear campaigns that the LVMPD uses to deflect blame from the department after they kill someone. What Happened in Vegas does a very equitable job of showing who Scott, Cole, and Gibson were and the impact their murders had on those they left behind.

I was fortunate to be able to attend the movie’s premier screenings at the Cinequest Film Festival last week and it turned out as good as I could have ever expected, if not better. Audiences, as well as critics, attending those screenings were very responsive and positive about the movie. I very much appreciate the work that Ramsey and his crew did both in making a great movie and shining a light on the Las Vegas Metropolitan Police Department that I expect will not go unnoticed and that was much overdue.

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