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LVMPD Police Illegally Detain Then Falsely Arrest Las Vegas Man For Not Telling Them His Birthdate

LVMPD Illegal Detention False Arrest Las Vegas Federal Courthouse

Note: This post was shared with Nevada Cop Block via reader submission. If you have videos, stories, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world.

Update: I’ve been told that the name of the officer who is wearing the body camera is Officer J. Deel. Also, the officer who orders that Mr. Martinez be (falsely) arrested is named Officer Jenkins. A third officer, who appears on camera at the end while he is being placed in the car, is named Officer Hernandez. (Other officers, who currently have not been identified, were also present.)

In the body camera footage (which was recorded by Officer J. Deel) embedded below, police officers from the LVMPD​ illegally detain then falsely arrest Joshua Martinez outside of the Lloyd D. George Federal Courthouse in Las Vegas​. Initially they approach and ask him for his birthdate, claiming that he is required to identify himself because they “are assisting the federal marshals within the courthouse.” Their only explanation for why he is supposedly required to identify himself to them is because when he tried to enter the courthouse the marshals asked him for ID, which he did not give them.

However, in order for someone to have to identify themselves to the police, they need to be legally detained first. In order to be legally detained, the police must have a reasonable suspicion that that person has committed a crime, is currently committing a crime, or is about to commit a crime. Even if there is a requirement to show ID in order to enter a building (I’ve personally been to the courthouse many times and can’t recall having ever been required to do so), not having that ID or opting against showing it to them is not a crime. It simply means they won’t allow you inside. So that does not satisfy the requirement for reasonable suspicion of a crime.

In the meantime, during the video, they readily admit several times that they are not accusing him of having committed a crime. In addition, they admit that he is on public property and confirm that he has not been trespassed from the property by the federal marshals. Contrary to what they claim while demanding the information that Martinez is under no legal obligation to provide, they are by their own admission not investigating him for having committed a crime.

Since they in fact never legally detained him, he is not under any obligation to identify himself to them. They also never ordered him to leave the courthouse property. So, he’s not disobeying any lawful orders. Therefore their charge of obstruction and the resulting arrest is false and illegal. Cops lie a lot and try to trick you into giving up your rights, but they also often don’t know the laws they are enforcing. This actually looks like the latter case.

See the original (raw) body cam video here at Joshua Martinez’ YouTube channel: https://youtu.be/riA0TcO7QnE

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Missouri Trooper Charged With Manslaughter in Drowning Of Handcuffed Man Pleas to “Boating Violation” (Update)

Brandon Ellingson Drowning Lake of the Ozarks Missouri Trooper Anthony Piercy

Shortly before his trial was set to begin, Missouri State Trooper Anthony Piercy was given a plea deal that reduces the charge he was facing for the May 2014 drowning of Brandon Ellingson from a felony charge to a low level misdemeanor. As a result, he will face a maximum sentence of just six months in jail and/or a $500 fine.

Also, as part of that deal, he can withdraw the plea if the prosecution recommends jail time. So, essentially it guarantees that the worst punishment he will possibly get is a short probation sentence and a small fine.

Piercy had originally been charged with involuntary manslaughter for his actions that led to the death of Ellingson. Witnesses also testified that he failed to make any attempt to rescue Brandon while he was drowning. Instead, the Trooper was allowed to plea down to a charge of “negligent operation of a vessel,” a minor boating violation that is essentially equivalent to a traffic ticket.

As has been reported previously here on Nevada Cop Block, Ellingson was arrested by Trooper Piercy for boating while intoxicated at the Lake of Ozarks. Prior to transporting him back to shore, Piercy handcuffed Ellingson’s hands behind his back and subsequently incorrectly placed a life vest over his arms. He also reportedly was traveling too fast in a State Water Patrol boat.

Due to that excessive speed, Ellingson was thrown out of the boat when it hit a large wake. The improperly secured life vest came off soon after Ellingson was knocked into the water. He was then unable to remain afloat and also unable to swim with his hands cuffed behind his back.

Later, Trooper Piercy told several lies in an effort to avoid responsibility for Brandon Ellingson’s preventable death. One of those lies was that Ellingson had intentionally jumped out of the boat. Also, during a phone call with his supervisor (embedded below), Piercy claimed that he attempted to save Ellingson once he went overboard. Among other things in that call, he claimed that he was sore from having “tread water” while trying to pull Ellingson out of the lake, implying that he had jumped in after him.

However, independent witnesses aboard a private boat that came upon the location where Ellingson drowned contradicted those claims. According to the occupants of that boat, Piercy only held a pole out toward him and never made any effort to jump in the water even when they screamed at him to do so. In addition, the captain of that boat, Jim Bascue, stated that none of them knew at the time that Ellingson was restrained by handcuffs. Bascue stated that had he known that he would have jumped in and saved Elllingson himself.

Ellingson’s father begrudgingly accepted the plea deal (see first video embedded below):

“This is the best we were going to get here,” said Craig Ellingson. “It would have been a hung jury, or he would have gotten off. I didn’t want to risk the chance we wouldn’t get the opportunity to see him face to face and say what we want to say. Now we get that. We know what he’s guilty of.”

The trial would have been held in Piercy’s hometown of Versailles, which has just over 2,000 residents, most of whom have some connection to him or his family.

Other family members, including Brandon’s mother, Sherry Ellingson, were more outspoken about the complete lack of justice this deal represents. (Via KansasCity.com):

For Sherry Ellingson, the plea Tuesday did nothing to ease her pain. A trial, she said, would have further exposed how Piercy did little to help her son before he sank in handcuffs to the bottom of the lake and how the patrol then tried to conceal the truth of what happened.

“I don’t really give a care what his punishment is, but I wanted his record to say ‘manslaughter,’ ” Sherry Ellingson told The Star. “If anyone says that justice has now been served, you have got to be kidding me. In what way?”

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“What Happened in Vegas” Documentary; LVMPD Racial Profiling, False Arrest Case Featured on Las Vegas’ Local ABC Station

As I reported yesterday, Silk Galloway will be in court at 1:30pm today (Wednesday, June 28th) for a motion hearing regarding his case within Municipal Court Department 2, room 5B. During that hearing, he will be asking that the ridiculous and false obstruction charge that he is facing be dropped.

Last night, “KTNV Channel 13 Action News,” Las Vegas’ local ABC affiliate, featured a story about his case. Within that coverage they also mentioned that Galloway’s assault and false arrest by a “Saturation Team” from the Las Vegas Metropolitan Police Department was included in an anti-police brutality documentary that will be opening in theaters in August.

In addition to the racial profiling of Galloway, “What Happened in Vegas,” by Ramsey Denison, focuses on the murders of Erik Scott, Trevon Cole, Stanley Gibson, and Tashii Brown, as well as other abuses and the cover up of those abuses by the LVMPD.

Via KTNV.com:

Galloway, who was a passenger in the car, has been charged with obstruction in the case that dates back to 2015.

His attorney, Stephen Stubbs, is asking those charges be dismissed.

That motion is set for a hearing on Wednesday afternoon.

It all started when Las Vegas police pulled over the car Galloway was in.

“The officer looks over at me and says, ‘do you have your Id?’ and I said yes. He said, ‘may I have it? and I said no you may not,” Galloway said in an interview for the documentary “What Happened in Vegas”.

Stephen Stubbs says his client was correct there.

“They demanded the ID and he said no. Rightfully. Silk was right on the law,” Stubbs said.

It was just after that point that Galloway started recording with a GoPro camera on his dash.

It eventually captured him being pulled from the car.

“I’m going to give you to the count of three or I’m going to pull you out,” an officer is heard saying in the video.

Stubbs points out the officer didn’t start counting like he said he would before pulling Galloway out, but says he was more disturbed by what followed.

“The police did not act right here, and my clients rights were violated,” Stubbs said.

When they didn’t find anything, the officers, apparently unaware the camera was recording, are overheard talking about the results.

“Do what you got to do, because we gotta find something,” an officer is heard saying on the GoPro video.

Officers eventually took Galloway to jail on obstruction charges.

“They treated him like an animal. They took him to jail. They arrested him and they cavity searched him,” Stubbs said.

Various groups within the community have called for courtroom support for Galloway during this hearing. In addition, there will be a short rally outside, beginning at noon, to show that support and bring attention to the issues involved in this case. Afterwards, people will be encouraged to attend the hearing as well, in order to show that the community stands with Silk Galloway and will not stand idly by during this miscarriage of justice.

People are welcome to bring signs or other relevant materials to the rally, although you won’t be able to bring them to the courtroom. There should be enough time in between to put them away.

Preview of “What Happened in Vegas”

Video Featuring Police Body Camera Footage and GoPro Video

Original GoPro Video

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been a frequent subject of posts on  NVCopBlock.org. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen in the past on several occasions through Nevada Cop Block on issues or cases involving his clients or on know your rights seminars he has done within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on the Nevada Cop Block site involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

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