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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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Bodycam Video: Nevada Deputy Unnecessarily Shoots Pet Dog; Jokes “Maybe I’ll Get Time Off Now!”

Nye County Nevada Pahrump Dog ShootingOn April 10th, Deputy John Tolle of the Nye County Sheriff’s Office responded to what turned out to be a false panic alarm at a residence in Pahrump, NV. (Located just Northwest of Las Vegas.) Soon after Deputy Tolle entered the fenced in yard of that residence and knocked on the door, he shot the pet dog of the owner. According to Tolle, that dog, a pit bull named Blu, was barking, growling, and attacking him at the time. So, obviously he had no choice but to shoot it.

However, Deputy Tolle was wearing a body camera at the time and the footage from that camera tells a completely different story. While the dog does come running from the back of the house much like any dog would when a stranger enters its yard, it never appears to attack Tolle or even try to on the video. Rather than charging toward him “full on, growling and snarling,” as he described, the dog’s action would more properly be described as a quick jog without any sort of aggression being shown at all.

In addition to the discrepancies in Tolle’s description of the shooting of the dog, the body camera footage also highlights numerous issues with the way he responded to the call from the start. Had Deputy Tolle followed proper procedure regarding those issues, he would have never been in a position to shoot Blu in the first place. Among other things, Tolle never tried to contact the owner, Gary Miller, prior to entering the gate of the fence surrounding the yard. Nor does he check first to find out if there is a dog within that yard. Both of those precautions would have prevented any perceived confrontation with Blu from happening.

Furthermore, once the dog was approaching Deputy Tolle he never attempted to use any non lethal deterrents prior to shooting it. As of 2015, state mandated (NRS 289.595) law enforcement training is required to include a course on how to handle situations involving encounters with dogs. Part of that training is that non-lethal methods, such as tasers, batons, or mace, be used prior to resorting to deadly force. Tolle had every one of those options available at the time and never even attempted to use them. There was even enough time after the dog had initially barked for Tolle to simply walk back out of the gate, had he chose to do so. Instead, he just shot the dog and then lied about it attacking him to try and justify having done so.

This video is also pretty telling in relation to the mindset and attitudes of the officers involved. Beyond the simple act of unnecessarily killing the dog and then lying to rationalize it, Deputy Tolle’s body camera also caught a few other things afterwards. First, as an unnamed detective and Tolle’s supervisor, Sergeant Deutsch, discuss the shooting with him, they can be heard making disparaging remarks about Miller and joking about him being angry because his dog was shot.

Deputy Tolle really takes the cake when he is informed that he will have to fill out a “use of force” form for the incident. His response is to break out in laughter and state, “Maybe I’ll get time off now!” It’s almost like getting a free paid vacation is in the forefront of police officers’ minds when they kill.

In the end, the Nye County Sheriff’s Office quickly cleared Deputy Tolle after assigning him to take a 24 hour training course (that presumably teaches cops not to murder non-threatening dogs). Meanwhile, Gary Miller was disrespected even more when the animal shelter cremated his beloved pet without even notifying him first. They then added insult to injury later when they brought him ashes that they claimed were Blu’s, but that were in fact not from his dog. (It’s not clear where the “fake ashes” actually came from. However, unlike Tolle, the animal control officer responsible has been suspended, as a result.)

Full Unedited Body Camera Video

Local News Coverage

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LVMPD Officer Kenneth Lopera Only Charged With Involuntary Manslaughter For Murder of Tashii Brown

On Monday June 5, Clark County Sheriff Joe Lombardo announced during a press conference that Las Vegas Metropolitan Police Department Officer Kenneth Lopera would be charged with involuntary manslaughter for the murder of Tashii Brown (also identified as Tashii Farmer in initial news reports). Along with that charge, he has also been charged with “oppression under color of office.” Both of those charges are low level felonies, carrying just one to four years of potential jail time. (See the first video embedded below for footage of the press conference.)

As has been previously noted here, Tashii was choked to death on May 14th at The Venetian Hotel and Casino, which is located on the Las Vegas Strip after askeing Lopera and another officer for help, stating that he thought someone was chasing him. Instead of providing that help they began treating him as if they were going to arrest him, making him more afraid and leading to him attempting to run away.

Ofc. Lopera chased him into the Venetian’s parking garage, tased him seven times, assaulted him repeatedly, and then used an illegal rear naked choke hold to kill him. In spite of the fact that Tashii Brown had not committed any crime or been suspected of doing so and was not attempting to attack anyone (including the police officers present) physically and was only trying to get away, he was violently attacked and eventually choked to death. (See body camera videos embedded below.)

Lopera could have actually helped Brown instead of treating him like someone that needed to be arrested, thus likely avoiding the entire confrontation. Also, at the time that he began choking him, Brown was already being held down my at least two security guards working for the Venetian. So there was no reason whatsoever for Lopera to commit the murderous act that he did that night or even any of the abusive acts that preceded it. In addition, even after being told several times (at least) by other officers to release Brown, Lopera continued choking him for over a full minute.

What’s more, Metro spokesmen have even admitted that Brown had not committed any crime, was not suspected of a crime at the time, and in fact would not have been charged with any crime had he survived Lopera’s attack. That, of course, came during an earlier press conference in which LVMPD Undersheriff Kevin McMahill (who has a history of his own) smeared Brown’s name in Metro’s now very familiar strategy used to justify the violent behavior of their officers when they kill someone and went out of his way to refer to him as “the suspect.”

Much has been made in the media about this having been the first Las Vegas police officer to be charged with a crime after killing a citizen. And as much of an outrageous fact as that is, that certainly could be viewed as a very small step in the right direction. However, instead of being charged with the crime of murder, which he actually committed, Officer Kenneth Lopera has only charged with involuntary manslaughter, essentially saying that it was just an accident and carrying only a four year maximum sentence. The reality is that it wasn’t involuntary and it wasn’t manslaughter.

This amounts to a cover up designed to appease the public that they knew would be outraged by the typical routine whitewashing of police violence in Las Vegas. They charged him with the bare minimum possible to buy themselves a little time until everyone forgets and they can let him off on a sham trial after the district attorney throws the case. It was a preventable and very much intentional act by Ofc. Lopera. It wasn’t something that just happened or an accidental result.

It was murder.

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Tashii Brown Protest: Woman is Attacked by Racist Man With Knife, LVMPD Arrests Those Defending Her

Tashii Brown, protest, Las Vegas, LVMPD, Venetian

On May 28th, during a protest on the Las Vegas Strip over the murder of Tashii Brown by LVMPD Officer Kenneth Lopera at the Venetian (see body camera video of the murder embedded at the bottom of this post), an as yet unidentified man physically attacked a woman participating in the protest. In the process of doing so. he knocked her to the ground and then pulled out a knife. Before he could do anything more, other protesters stepped in, pulling him away and disarming him.

Via the Las Vegas Review Journal:

On Sunday, a fight broke out in the intersection in front of the hotel-casino when a passer-by appeared to wrap his arm around protester Rachel Siota’s neck and take her to the ground.

The passer-by, a shirtless man wearing a “Make America Great Again” baseball cap, walked into the street and tried to wave cars through the protest line. Siota said she was taken down when protesters refused to move.

The man started attacking other protesters when they tried to get him away, she said. Several protesters then started punching the man.

This video that was posted to Twitter by Las Vegas Review Journal reporter Blake Agpar shows that intervention by those protesters (it unfortunately doesn’t show the very beginning with the initial assault):

Another, more detailed, account of the attack was included in a submission to “It’s Going Down!” by one of the people present at the demonstration:

A shirtless, tattooed, very obviously inebriated white man in a Make America Great Again hat entered the crosswalk during our direct action and was immediately hostile and out of line. He assaulted one of our female demonstrators. He placed her in a chokehold and slammed her into the pavement. Another demonstrator who was awaiting heart surgery, was assaulted along with several other members of our demonstration. This man put his hands on not one, not two, but at least three of our female demonstrators. He would not let go of anyone he got his hands on. Alcohol was thrown in our faces and he screamed over and over about how he didn’t believe anyone he assaulted was female.

During the scuffle I noticed that the assailant had a knife. I alerted people about this and there was a collective effort to resolve the situation immediately. The assailant was taken away by the police but we’re unsure as to whether he was ever brought in or charged with anything. He was seen wandering around after the incident, without cuffs, while all of our demonstrators were restrained.

One of our medics was arrested, followed by some organizers. Most of the population of the protest had dispersed, but there was still a smaller group of us by the fountain afterwards resting, hydrating, making phone calls, and doing interviews with the local media. The police also conducted an interview on site. Long after the action was over, another one of our medics was arrested, along with one demonstrator who had just wrapped up an interview. The media had even made a point to question the police as to why they were arresting people so long after the crimes they allegedly committed.

In total, we had twelve demonstrators detained/arrested/cited. Two of which were street medics. Everyone has since been released.

According to the Washington Post the person who attacked us WAS NOT EVEN ARRESTED OR CITED. He was briefly detained and immediately released. But three protesters defending our people were jailed and charged. An additional 8 were cited with misdemeanor violations and released.

According to the LVRJ article quoted above, 15 people in total were detained and eight of those detained were issued citations, then released. In addition to that two of the people detained were arrested for assault, as a result of the fight that the unnamed Trump supporter initiated. Reportedly, one other person was also arrested for having an unspecified weapon (reportedly a retractable baton) on them, that was never used or displayed. All have since been released pending trials.

However, as noted in the ItsGoingDown.org post also quoted above, the racist Trump supporter who assaulted and pulled a knife on a woman was not among those who were arrested. In fact, the Washington Post published a list of the names of those charged and cited, which did not include the person who actually attacked multiple women and brandished a deadly weapon. Instead, those who came to the defense of the main target of his attack were detained and even charged with assault in what was clearly a case of self defense.

Anybody who is familiar with the LVMPD and their history will not be surprised by this obvious show of bias on their part. However, much like the murder of Tashii Brown itself, this is a prime example of where the Brown Shirts at the Las Vegas Metropolitan Police Department stand. The fact they quickly stepped in to protect a racist who had just committed a cowardly attack on women while brandishing a knife and then attempted to punish those who protected his intended victims, is a vivid reminder of who they actually stand with.

It isn’t the people.

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