Tag Archives: investigation

Video of Dylan Noble Murder by Fresno PD Illustrates Why YOU Should Always Film The Police

Last night, a video of the shooting of Dylan Noble by the Fresno police surfaced. This video, which apparently was recorded by a witness to the shooting, shows the final two shots of four total fired at Noble.

Noble can be seen on the video, which was released by the Fresno Bee, lying on the ground and raising his arms prior to being shot. In addition, there is a significant pause of fourteen seconds between the first shot on the video (the third of  four shots) and the fatal shot at the end.

Previously, the Fresno Police Department had refused to release the bodycam video of the shooting, citing the oft-used excuse of it being part of an ongoing investigation to justify not doing so. This excuse generally only applies to video that shows the police in a bad light. It’s not at all unusual for video to be released within weeks or even days when that video supports the official story.

This newly discovered video certainly creates plenty of insight and clarity into why Chief Dyer would want to keep the video under wraps for as long as possible. It also shows very clearly why the public needs to continue filming the cops regardless of whether they have dashcams or bodycams.

The original justification for Dylan Noble’s shooting was that they believed he was armed and that he made “suicidal statements” while rushing at the officers. Therefore, they were in “fear for their lives,” another go-to excuse for police.

The fact he was clearly unarmed and already laying on the ground having been shot twice before they finished executing him with the two shots shown on this new video, pretty clearly shows he was no threat to those officers, regardless of what happened prior to that. It’s pretty hard, if not impossible, not to make a case for this as outright and intentional murder.

At best this would be a case of “contempt of cop,” based on their statements that he wasn’t following their orders. In spite of that, this video pretty clearly shows that he was not in any realistic way a threat to them at the time that they killed him and he certainly was not charging at them.

As has been pointed out numerous times on the CopBlock Network, video from body cameras or dash cameras is still not an adequate solution to prevent or even provide evidence of police brutality due to the lack of access to that footage for the public.

The video is only released promptly when it benefits the cops. Other times it has to be fought for tooth and nail and often takes years for that video evidence to be pried from the grip of the Good Cops protecting the Bad Apples responsible for the weekly, if not daily, incidents of police violence.

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Other times, even that isn’t a sure thing. Officers “forget” to turn their cameras on, they malfunction, or they simply disappear. The murder of Dylan Noble is just the latest in a string of incidents where the police have assaulted or even murdered citizens and most people would not even question the official story if not for a witness being there and having the wherewithal to film what was happening.

The simple fact is that everyone should still Film The Police every time. Don’t rely on  or expect the police to do the right thing as you’re watching them murder someone.

Incidently, as you can read in the excerpt included below, Chief Dyer has now fallen back on another familiar police trope that this video doesn’t show the entirety of the incident and they had to shoot Noble while he was laying defenseless and without posing any threat because of something that happened earlier.

According to him, the bodycam videos show the entire incident and will magically make what they did justified. So, there’s a simple enough solution to that. Let’s see those bodycam videos that somehow contradict what our lyin’ eyes are showing us in that witness video.

Below is the previously unknown video, via Fresno People’s Media on Facebook:

The description of the video by the Fresno Bee:

Lying on the ground beside his pickup, 19-year-old Dylan Noble has already been shot twice, but is still alive when a Fresno police officer fires a shot toward him. Fourteen seconds later, another shot rings out, according to a video of the fatal incident obtained Wednesday by The Bee.

Police Chief Jerry Dyer said Wednesday that officers believed Noble was about to shoot them during the deadly encounter June 25. But officers later learned that Noble was unarmed.

The video, shot by a witness and showing only the last two of four shots fired by officers, surfaced on the day Noble’s family and friends held a private funeral for him in Clovis and the family’s lawyers released a letter asking for an outside law enforcement agency such as the FBI or the state Attorney General’s Office to investigate the shooting.

Dyer said the FBI has already agreed to investigate the shooting. He also said the video given to The Bee does not give a full account of why the officers felt threatened and were forced to shoot Noble.

The witness’s video is only 26 seconds long. It shows two officers barking commands at Noble, such as “Show us your hands” and “Get your hands up.”

An officer then fires toward Noble as he lies face up, his head closest to the officers.

The officers continue to yell at Dylan, who appears to be moving his hands.

Noble tells the officers: “I’ve been shot.”

After a long pause, an officer shoots again. The video then shows Noble moving his hands upward.

Dyer said the two officers shot Noble four times. The video shows the final two shots, he said.

Related Posts About Dylan Noble on the CopBlock Network:

  1. Witness Video Shows Dylan Noble Being Shot By Fresno Police
  2. Releasing Dylan Noble Body Cam Video Does Not Impede Police Investigation
  3. Fresno Police Will Not Release the Body Camera Footage of Dylan Noble Being Shot
  4. Unarmed 19-Year-Old Shot Dead by Police in Fresno, CA

IMPD Officers Cyber-Bully Citizen Over Bumper Sticker; Post Personal Information From Department Background Check

The following post was shared with the CopBlock Network anonymously, via the CopBlock.org Submissions Page. It details an incident where G Philip Rossman,an officer from the Indianapolis Metropolitan Police Department, decided to publicly post a photo of a citizen’s car, inviting harassment of that citizen based on a bumper sticker he didn’t like within the post.

Subsequently, Sgt. Matt Morgan, Officer Madeline Lathamer, and Officer Mike Wilson, who all also work for the IMPD, gladly accepted that invitation and began bullying the owner of that vehicle. That bullying included posting information illegally obtained, via an inappropriate police background search.

BTW, Officer Wilson a former “officer of the year” hasn’t limited his bullying to the internets. He recently received quite a bit of attention for an incident in September in which he was caught on video assaulting and then wrongfully arresting a man at an Indianapolis hotel. Of course, that’s the bigger issue when it’s a group of Heroes cyber-bullying people. More so than anyone, they have the ability to take those threats beyond the internets and out into the real world.

(Note: If you ever have an issue involving inappropriate, threatening, and/or harassing conduct by police employees be sure to take screenshots of the posts so they don’t get deleted and be sure to send those screenshots in with your submission. We are more than happy to expose bullies for what they truly are.)

Date of Incident: June 3, 2016
Officers Involved: Officer G Philip Rossman, Sgt. Matt Morgan, Officer Madeline Lathamer, Officer Mike Wilson
Department Involved: Indianapolis Metropolitan Police Department
File A Complaint: Complaints
Facebook Page: IMPD News
Twitter Account: @IMPD_News
YouTube Channel: https://www.youtube.com/user/IMPDMedia
Department Phone No.: 317-327-6600

On June 3rd, 2016, G Phillip Rossman (aka – G Phil Corvette on FB) of the Indianapolis Metropolitan Police Department violated his IDACS user agreement. He also committed a federal violation by posting confidential information, more specifically, a taxpayer’s name and personal information in a very public online post on Facebook. This information was ran through NCIC and posted online by a number of additional officers.

The incident began when Officer G Phillip Rossman took a photo of this subject’s vehicle, their license plate, and the bumper stickers displayed on the rear bumper. He took this photo while stopped at a red light at the intersection at Sheek Road and Main Street in Greenwood, Indiana. Officer Rossman (who at the time of the photograph was in his personal vehicle) then chose to post this picture to his online Facebook account under the name of G Phil Corvette.

He posted this photo to where any member of the public could view and have access to it. In his post, Officer Rossman comments and encourages other officers to specifically target this tax payer’s vehicle, as well as the individual driving it. In the photo the subjects license plate was clearly visible and once again, this post was made public for anyone to see and have access to.

Along with this post, there were additional inappropriate and slanderous comments made by several IMPD officers. Those officers include Mike “Marine” Wilson and Madeline Diaz Lathamer.

Officer Mike Wilson not only makes inappropriate and unprofessional comments, but he also publicly posts extremely slanderous and defaming comments against the subject, as well. He wrote in a public post identifying information on the driver, even posting personal identifying information for others to share publicly. Officer Wilson’s public posts have since been deleted by him, but sensitive personal information was visible to all.

This is extremely inappropriate and even unlawful behavior. It reflects poorly on the department as a whole when officers engage in such misconduct and abuse of power. Officer Mike Wilson has violated not only his IDACS user agreement, but has committed a federal violation by posting confidential NCIC information online for the public to see. (see sections 6.3/6.4.3 IDACS user agreement and title 28 in regards to NCIC) He has also committed slander and defamation of character on the driver of the vehicle in which Officer Rossman profiled and targeted.

IMPD officer Madeline Diaz Lathamer also made inappropriate comments in this public post. More specifically she wrote “Oh the fun that could be had without one.” The driver of the vehicle targeted was found to be a law-abiding citizen and a retired police officer who displayed bumper stickers that spoke out against government and police corruption. What was displayed on the vehicle was protected by the First Amendment. The vehicle targeted is deemed “personal property” and it is owned by the driver. What the owner of this vehicle chooses to put on their vehicle and what they choose to display is their right as a taxpayer and a US citizen.

Officers Rossman, Wilson, and Lathamer failed to realize that targeting and profiling specifically based upon something that is displayed and that is covered under the First Amendment is highly illegal. As an American, we have the right to express our feelings and concerns towards government corruption and even assemble in peaceful demonstration if we choose to. No one should be targeted by any police officer because of that. And it most certainly does not give any officer the right to post personal identifying information publicly.

Also involved in this incident was supervisor Matt Morgan of IMPD. As a supervisor, Sgt. Morgan has a responsibility to report issues of misconduct involving another officer. Rather than performing this specific duty, he chose to contribute to the online posts. Upon receiving a word that the owner of the vehicle had intentions of filing a formal complaint to IMPD internal affairs, Sergeant Morgan deleted his online comments. Screenshots of his comments were obtained prior to this deletion. Sergeant Morgan through his own words, “prides himself on getting people stirred up on here.” This is not how a supervisor should present himself to other officers or members of the public.

Sergeant Morgan is a representative of IMPD both on and off duty and he knew that the photograph posted by Officer Rossman was inappropriate. He was also aware of the fact that police resources and law enforcement programs were misused in order to run the license plate in the photo. Yet, rather than reporting this type of behavior and misconduct, he chose to condone and be part of it by contributing in the comment section. Sgt. Morgan has neglected his duties as a supervisor and should be held accountable for his actions and misconduct.

Since this inappropriate post has been made by Officer Rosman, the driver/owner of this vehicle has not only received hateful text messages from former coworkers, but family members have also received hateful and threatening messages on their Facebook accounts. These threatening messages sent to family members have expressed that “when you mess with this family, meaning “the police family”, you mess with all of them.” The owner/driver’s mother was also told in an online message that she needs to “watch her back.” Another message said that they “hoped their mother was a good driver.”

There is absolutely no excuse for this. Note that the owner/driver’s mother is an elderly woman, she enjoys her time on social media and Facebook. It is a way for her to communicate with her former classmates, as well as family members. Officer Rossman clearly doesn’t understand the Constitution and that officers can and will be held civilly liable when these rights are violated.

Officer Rossman has placed himself, other officers, and his department; the IMPD in a position of civil liability. This is a matter where disciplinary action absolutely needs to be taken. What Rossman and Wilson and the number of additional officers who unlawfully ran this information have done falls along the lines of conduct unbecoming of an officer, misuse of equipment, and official misconduct.

An investigation into the violations of NCIC and IDACS was requested. On June 8, 2016, the Indiana State police IDACS division was contacted. Consequently, the Indiana State police initiated an audit of the driver’s license plate. The audit will determine which and how many officers have unlawfully run the victim’s plate based upon the photograph that was posted by Rossman online. In regards to exposing this type of misconduct and corruption, Officer Rossman’s victim has also considered contacting media, as well. It is this type of misconduct, inappropriate behavior, and abuse of power that the public needs to be made aware of.

What these officers have done and this type of profiling is yet another reason why the the public does not trust their law-enforcement officers. This will be addressed accordingly and for those who abused their law enforcement powers by running this confidential information and posting it for the public to see online, other complaints and civil litigation will come from this. The Indiana State Police, IDACS/NCIC, and IMPD internal affairs have all been notified and all comments posted have been retained and provided as evidence against the officers involved. (Mike “Marine” Wilson – Facebook name and account)like a coward, chose to delete his comments once word had spread that formal complaints were being filed and an internal audit was being conducted.

Sadly, it’s the good officers and even the family members who feel the strain of other officer’s misconduct. Undoubtedly , these officers need to be disciplined for their misconduct and what should be deemed as a criminal act against a citizen. This is a form of harassment and even profiling. It is important that the public knows and is aware that when they visit the city of Indianapolis, these are the type of officers they may encounter. Never be afraid to report police misconduct. They need to be held accountable for their wrongful acts just like any other citizen would.

Indiana Police Shoot Family Dog Then Celebrate by High-Fiving While Laughing

Last week, while investigating a fight, a police officer in Elkhart, Indiana shot a family’s dog after claiming that it charged at him. Fortunately, only one of the three bullets the unnamed officer fired struck the dog and he survived, but sustained what was described as two “large wounds.”

Meanwhile, Gisselle Soto maintains that her dog, Churro, never charged at the officer and that he is a friendly and well-behaved pet. She also states that she and her husband were just walking their dog when police asked them about the fight which had already broken up prior to their arrival. According to Soto, Churro had barked at the officer, but never tried to attack or even approach him.

Even more disturbing is the claim by Gisselle and her husband, Ricardo Soto, that after shooting their dog, the police officers present made light of it. In fact, they charge that the officers even celebrated the shooting by “high-fiving” each other and laughed about it afterwards, while making comments about how it was “just a dog.”

Via the Elkhart Truth:

An Elkhart woman says police had no reason to shoot her dog on Friday evening, saying officers were laughing and high-fiving each other after the incident, which left her dog with two large wounds, but luckily still alive.

Ricardo Soto Police Bullet Ricochet

Injury from bullet ricochet.

Gisselle Soto, the owner of Churro, a 4-year-old pit bull/boxer mix, said her dog was only barking and never lunged at the officer before he pulled out his gun and fired three times at the dog. Only one of the bullets hit Churro, going through his neck and exiting out his chest, and a veterinarian at a local animal hospital said Churro was very lucky, according to Soto.

Her account directly contradicts what police said Friday night. The officer was walking back to his patrol car after conducting an investigation into the fight when the dog charged at him, said police spokesman Sgt. Chris Snyder. The dog jumped on the officer, which led him to draw his gun and shoot at the dog.

In addition, the couple say that the area where the shooting had other neighbors nearby, including children playing outside. Obviously, this placed those people into danger from errant shots. In fact, Ricardo was himself grazed by a bullet intended for Churro that ricocheted off the pavement.

Cathy Pepper, the Soto’s neighbor, supports their statements that Churro would never attack anyone and is not aggressive toward people, while also criticizing the behavior of police .

“Churro is always very friendly,” she said. “The police come and they harrass us down here, they speed, it just isn’t right.”

Ricardo Soto Police Dog Shooting ChurroAccording to Sgt. Chris Snyder, the police spokesperson, an “investigation” is under way and as soon as those top notch investigators get to the bottom of it, “the department will deal with that,” if it is determined to be true. Of course, absent a video, which is not mentioned in the reporting on this, the word of those cops who shot their dog and then celebrated their deed will be what they base their “investigation” on. (In other words, don’t hold your breath.)

Meanwhile, this is the third time police in Elkhart, a suburb of Gary, have shot someone’s dog in less than nine months. That includes an incident in October where an officer shot a dog, that was inside its own yard, at least ten times. Similarly, that officer claimed the dog had charged at him. However, witnesses to the shooting stated that the dog was actually running away from him in the other direction, at the time.

Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement (Update)

About a year and a half ago, Las Vegas Attorney Stephen Stubbs submitted a story to the CopBlock Network about a man who had been beaten by members of the Las Vegas Metropolitan Police Department.

That man, Dominic Gennarino, could be seen on surveillance video (embedded below) from the Vanguard Lounge, a bar/nightclub located on what is known as Fremont East in Downtown Las Vegas, being assaulted by a group of Las Vegas police officers. One officer in particular, identified as Officer Kolkoski, visciously jabbed Gennarino’s body with his nightstick during the attack and had to be restrained by another policeman.

Prior to that the cops had been clearing people out of the club after a stabbing (which Gennarino wasn’t involved in) took place there. Apparently, Gennarino’s “crime that precipitated that beating was that he wasn’t moving fast enough as he exited the bar, even though the video pretty clearly shows that the large crowd had prevented him from walking any faster.

Of course, once the video was made public the false charges (Obstructing a Public Officer) against Gennarino used to justifying the beating were dropped. Also, in response to the beating and the negative publicity it generated, the LVMPD promised that they were going to implement “fundamental policy changes” in their use of force policies, as well as their procedure for investigating use of force incidents. Those “fundamental” changes that were promised have since gotten some not so glowing reviews by Las Vegas residents, though.

Officer Kolkoski knocks himself down in the process of beating Domonic Generino with his nightstick

Officer Kolkoski in his enthusiasm for beating Domonic Generino knocks himself down.

Not surprisingly, given the history Las Vegas area police departments with regards to accountability, Metro’s Internal Affairs also concluded during their investigation that “the actions taken by employees did not rise to the level of misconduct or was not a policy violation” and those cops caught on camera beating an innocent man for no good reason wouldn’t face any sort of meaningful repercussions for those actions, whatsoever.

Of course, you have to consider that Clark County District Attorney Steve Wolfson refused to prosecute a group of police officers from the Las Vegas suburb of Henderson after they beat a diabetic driver they suspected of being drunk. The reason he cited for that inaction was because they train Henderson police to kick people in the head at the academy. So, even misconduct and policy violations are fairly hard to come by out here in Vegas with such a low bar of acceptability for pretty much whatever cops want to do on any given day.

In the latest update to this particular story, Stephen Stubbs posted to his Facebook profile on April 14th (2016) that Gennarino had received a settlement of $31,500 to compensate him for the actions taken by those LVMPD “employees.”

In that post (embedded below), Stubbs states:

Las Vegas Metropolitan Police Department paid my client $31,500 today. He was beaten by police because he wasn’t moving fast enough, and then the police officer lied in the official report.

A special thank you to Jared Richards. We did this case together and Justice won the day.

Dominic Gennarino certainly deserves to be compensated for the assault and wrongful arrest perpetrated against him that day and probably by even more than the amount he received. (Apparently, he was satisfied with Metro’s first settlement offer.) However, as is always the case due to qualified immunity protections, this settlement will be payed by the taxpayers and not in any genuine way personally effect those officers who actually committed the crimes against Gennarino and then lied in official police reports in order to justify doing it.

Related Posts Submitted By or About Stephen Stubbs:

Those of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs is a frequent contributor of submissions to the Cop Block Network. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block.

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

 

  1. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  2. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  3. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  4. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  5. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  6. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  7. Game Over for Insert Coins’ and Their Abusive Bouncers
  8. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  9. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  10. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  11. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  12. Las Vegas Police Agree That You Should Film Them
  13. Free Know Your Rights Seminar in Las Vegas
  14. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

 

Boise Officers Flash-bang Wrong Apartment

Boise Police and Swat were serving a warrant inside an apartment building on July 16th for theft and drugs.  They busted down the door and threw a flash-bang into the apartment unit.  The only problem was, it was the wrong address.

Police Deputy Operations Chief Eugene Smith said Friday the error “is rare and certainly regrettable.” He says officers apologized to the apartment occupants and began to do “all they could to make it right, including paying for repairs and securing the apartment.”  Smith also stated that they are investigating the incident to ensure that it doesn’t happen again.

Stories like this one are becoming all to common over the last few months.  Officers are getting warrants and going to the wrong place and tearing up people’s homes.  For Chief Smith to say that this occurrence is “rare and certainly regrettable,” is a flat-out lie.  It might be rare for that department, but this is happening more and more across the country.

The militarization of our police forces across the country and their never-ending desire to bust heads has placed a dark shadow over them and caused the current mistrust and dislike for our police.  They show no regard for the safety of the citizens that they have been charged with protecting, which shows in how sloppy they have become in the basics, such as verifying what address they are supposed to be raiding.

boise swatThe residents of that apartment are lucky to not have been injured or killed due to the negligence of these officers.  Paying for the damage is a start, but what really needs to happen is a full-scale investigation into the officers that took part in this raid and determine why they assaulted the wrong citizens, and then discipline them.

Had those people decided to protect themselves from these armed intruders, we would have seen a different headline where the officers killed armed assailants ‘trying to kill’ the police who were conducting the raid.  We would have seen a massive cover-up, and these innocent people would have been believed to be the aggressors, even though they were just protecting themselves from an armed attack.

Consider contacting your state representatives to bring legislation to the table that would hold officers accountable for these types of negligent acts and allow citizens to defend themselves from such attacks.  Indiana has already done this and it is time for the citizens across the country to have the same right to protect themselves from these armed thugs.

Dance your mouse this way and press the little button to get your shit all stickered up.

Dance your mouse this way and press the little button to get your shit all stickered up.

Andrew Henderson Meets with Minn. Chief Over Previous Police Intimidation For Filming

Andrew Henderson Police ReportRecently, Ademo posted about an interaction Andrew Henderson, a CopBlocker from the St. Paul area in Minnesota, had with a police officer who had tried to intimidate him because he was filming near a police station. This happened shortly after the St. Paul Police Department held a seat belt enforcement campaign that was really just a thinly veiled opportunity for revenue generation.

Knowing that many police themselves don’t wear seat belts when driving, Andrew decided to go down to a location near the police station and film to see how many he could find disregarding the rule that they had just placed such a heavy emphasis on for regular citizens. Not surprisingly, he had no problem whatsoever spotting officers hypocritically ignoring the seat belt law.

Not long after, an employee of the St. Paul Police Department, Officer Alba-Reyes, drove up to where Henderson was filming. During the interaction between Alba-Reyes and Andrew (which can be viewed in its entirety in the video below), the officer misstates several laws, including that he has a right to detain Henderson for filming and that the public sidewalk is actually private property. He then threatens to arrest him “if he continues trespassing on private property.”

About a month later, Andrew had a meeting with St. Paul Police Chief Tom Smith concerning this incident and the behavior of that officer. This included several inconsistencies and omissions within the official police report that was filed by Alba-Reyes. However, it apparently didn’t include an update on the St. Paul Police Department’s investigation into whether public sidewalks are in fact public or private property. (Make sure you check out Andrew’s YouTube channel for lots of great informative videos.)

During my meeting with Chief Tom Smith, I expressed my concerns on my encounter with officer Armando Alba-Reyes while…

Posted by Andrew J Henderson on Wednesday, June 24, 2015

Below is Andrews summary of that meeting via a Facebook post:

During my meeting with Chief Tom Smith, I expressed my concerns on my encounter with officer Armando Alba-Reyes while recording police officers from a public sidewalk.

  • Officer Alba-Reyes stated in his report that I was using a “bypod”, which I was not. I do not own or have ever used a bipod. The pictures he took would have proved this.
  • Officer Alba-Reyes seemed to believe that I do not have access to the Saint Paul Police policy manual, though it is publicly available at: http://www.stpaul.gov/DocumentCenter/View/70740.
  • Once I was threatened with arrest if I did not leave, I immediately walked to my vehicle and drove home, and did not continue to film vehicles as officer Alba-Reyes stated in his report, the video can be found here: https://youtu.be/J9P-4kV7Z9k.
  • Officer Alba-Reyes never turned in the pictures he took of me to the Saint Paul Police Department data vault as he is required to under Minnesota Statutes Chapter 13, and did not include them in this report.
  • There was a dashcam in the police vehicle as indicated in the report, but officer Alba-Reyes either did not turn it on or decided to not upload the content to the Saint Paul Police Department data vault.

The encounter can be viewed here: https://youtu.be/ONQXJjY_Yfk?t=4m38s (Also embedded below – editor)

Chief Smith understood my concerns, but could not give me answers as to why Officer Alba-Reyes report was not entirely factual or what happened to the photos he took of me.

I encouraged Chief Smith to adopt a policy regarding citizens filming law enforcement officers as recommended by the Department of Justice (http://www.justice.gov/…/spl/documents/Sharp_ltr_5-14-12.pdf), in addition to submitting a couple of policies to him and his staff from other agencies such as the District of Columbia Police Department (https://go.mpdconline.com/GO/GO_304_19.pdf) and the Department of Homeland Security (http://mocek.org/…/2…/06/DHS-FPS-Bulletin-HQ-IB-012-2010.pdf), as well as case law about citizens First Amendment right to document law enforcement personnel engaged in their public duties (http://media.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf), and to better train officers on engagement with those who chronicle police occurrences.

I hope Chief Smith will take this opportunity to transition and advance with this paradigm shift in policing.

Click banner to learn more about filming the police

Click banner to learn more about filming the police

Baltimore Officers That Killed Unarmed Man, Spencer Lee McCain, Named

Spencer Lee McCain - The latest unarmed man killed by Baltimore police

Spencer Lee McCain – The latest unarmed man killed by Baltimore police

Today, the Baltimore Police Department made public the names of the three police officers who shot a man to death on Thursday for “taking a defensive stance.” According to FoxBaltimore.com, Officer Wilkes, a six year veteran of Baltimore County PD, Officer Besaw, an eight year veteran of Baltimore County PD, and Officer Stargel, a five year veteran of Baltimore County PD, were the officers involved in the deadly shooting. All three have been placed on administrative leave (A.K.A. paid vacation), pending an “investigation.”

Officers Wilkes, Besaw, and Stargel initially were called to a home after a report of a domestic disturbance taking place inside. After hearing sounds of a fight within the building, they forced their way in to the residence. Once inside, they encountered 41-year-old Spencer Lee McCain, who according to them took a “defensive stance.” It’s not really clear WTF that actually means, but by definition a “defensive” stance is not an offensive act. Regardless of that, the three officers responded with at least 19 gun shots killing McCain. Although they claim they believed he had a weapon, no weapon was ever found.

Obviously, after the in custody murder of Freddie Gray by other members of the Baltimore Police Department and the resulting riots, Baltimore tends to be on edge about that city’s police and their history of violence against its residents. This is not likely to make things better.

Click Banner to visit the CB Library

Click Banner to visit the CB Library

More on officer involved shooting – Police say several Baltimore County officers opened fire on a man who produced what appeared to be a weapon. #OwingsMills

Posted by Larry Collins on Thursday, June 25, 2015

St. Paul, MN Police Launch Investigation into if Sidewalks are Public or Private Property

Andrew Henderson

Recently, a post on CopBlock.org detailed how Andrew Henderson, a CopBlock member from St. Paul, Minnesota, was detained and harassed by the police there while he was filming as part of a test to see how many cops actually wore their seatbelts. Andrew had decided to do so after the St. Paul Police Department held a massive campaign to stop and ticket people for not wearing their seatbelts. He wanted to show the hypocrisy of the police, who are well known for not wearing seatbelts themselves, and for whom one of the leading causes of on the job deaths (far exceeding those of violence from suspects) is car accidents.

After he had documented several police cars and the police officers inside, none of whom were actually wearing seat belts, he was subsequently detained, questioned, and forced to show ID by Officer Armando Abla-Reyes. Officer Abla-Reyes incorrectly informed him that he could be detained for filming in public and also incorrectly stated that the sidewalk he was standing on was private property, threatening to arrest Henderson for trespassing, if he didn’t leave the area.

Now according to the Twin Cities Pioneer Press, the massive attention that video caused has prompted the St. Paul Police Department to launch an investigation into whether sidewalks are public property (spoiler: they are):

“It brought up a question: What is public, what is private?” Sgt. Paul Paulos, a St. Paul police spokesman, said Wednesday. “What we’ll also do is reach out to the city attorney’s office to get a finer definition…”

City Attorney Samuel Clark said Wednesday that his office is working with the police department “to clarify the rights of way applicable to the sidewalks around the public-safety buildings in the area…”

Paulos said Wednesday the department will provide more instruction to officers about the area around the police department, and what is public and what is private.

Minnesota Police Public Sidewalk Private Property

None of those arrows are pointing at private property.

So, they’re going to get to the bottom of that thing the Supreme Court already decided decades ago. In the meantime, there’s a lot of hyperbole from the head of the police union about how much police are under fire these days and how it’s a reasonable threat worthy of detaining someone for filming the police or public buildings. However, as already stated the leading cause of on duty deaths for police, by far, are car accidents and, contrary to the other blatant lie in the article that “99.9%” cops wear their seatbelts, the fact that police often don’t wear them is a big contributor to that. Of course, if they weren’t out generating revenue by giving other people tickets for that very same behavior, that would be their problem.

Hopefully, they’ll get that whole public/private thing figured out soon, though. That way they join the rest of us in the 21st century.

Andrew Henderson’s original video:

Police Fatality Review of D’Andre Berghardt Jr. Murder Scheduled for Today

dandre-berghardt-murder-videoAt 9:00 AM this morning (March 2, 2015), the Clark County District Attorney’s office will be conducting a “Police Fatality Public Fact Finding Review” for the murder of D’andre Berghardt Jr., who was shot to death by Bureau of Land Management (BLM) agents on February 14, 2014 after he asked passersby near Red Rock Canyon (just outside Las Vegas) for water and some of them called to report that he may need assistance. Those BLM agents, along with a Nevada Highway Patrol Trooper,  subsequently showed up and instead of offering assistance (or simply leaving him alone if he refused assistance), began to antagonize, pepper spray, taze, and beat Berghardt.

Not surprisingly, Berghardt attempted to get away from the people that were assaulting him and tried unsuccessfully to get into several nearby cars. Unfortunately, when he did finally find a vehicle that he could get into, it ended up being NHP Trooper Lucas Schwarzrock’s SUV. That prompted the two (unnamed) BLM agents to shoot and kill Berghardt, presumably because they were afraid that he would use the rifle that was locked up (according to the BLM’s own official statement) inside the trooper’s passenger seat.

Although a video (which is embedded below), taken by two people that witnessed the incident from their car while stopped on the road, surfaced within a few days of the shooting, there actually should be another video that would show a much better view of what happened that day. Unlike the LVMPD and other Las Vegas area police, Nevada Highway Patrol vehicles have dash cams. That video has never been released, nor has any explanation ever been offered for it not being released. It’ll be interesting to see if that will be included in the presentation or, at the very least, if some sort of excuse for it’s lack of availability will be given.

In spite of it’s Orwellian name, the “Police Fatality Public Fact Finding Review” is, in reality, designed to do anything but provide facts to the public. It was created after the LVMPD and Police Protective Association were unable to have reforms to the old Coroner’s Inquest overturned via lawsuits. The much maligned original Coroner’s Inquest had functioned as a rubber stamp process of automatically justifying police shootings for about 40 years. In spite of the proposed reforms standing up to those legal challenges and being declared constitutional by the Nevada Supreme Court, the entire process was scrapped in favor of this newer version that is even worse and less transparent than the Coroner’s Inquests had ever been.D'andre Berghardt Jr

Basically, the new method of rubber stamping police shootings consists of the District Attorney declaring (every single time) that the killing was justified, then having someone present to the public the police version of events without any cross examination, witness testimony, presentation of evidence, or impartial representation. It essentially is designed in order to facilitate an official, institutionalized coverup, with very little opportunity for the public to question the official story they are being fed. You couldn’t ask for a much better opportunity to hide the truth and bury facts while advancing the official narrative. Nor could you more effectively sow mistrust and hostility within the communities that are effected by these killings, which historically have never resulted in any sort of accountability, regardless of how questionable they have been and whether the victims of the LVMPD’s trigger happy cops were completely innocent and/or unarmed.

Details for Police Fatality Review of D’Andre Berghardt Jr. Murder:

Via www.clarkcountynv.gov

The Police Fatality Public Fact-finding Review into the February 2014 death of D’Andre Berghardt Jr. will be held Monday, March 2, at 9 a.m. in the Clark County Government Center Commission Chambers at 500 S. Grand Central Parkway in downtown Las Vegas. The review will be aired live on Clark County Television (CCTV) and streamed over the County Internet site at www.ClarkCountyNV.gov.

According to reports, Berghardt was shot and killed during a confrontation with law enforcement officers on state Route 159 near the Red Rock Canyon National Conservation Area.

The review of this incident will be presided over by Hearing Officer Chip Siegel. Mark Bailus will serve as ombudsman for the review. Both are longtime criminal defense attorneys in the community. Presiding officers and ombudsmen are selected by the county manager from lists approved by the County Commission. The ombudsman represents the public and the deceased’s family in this fact-finding review.

Chief Deputy District Attorney Michael Staudaher will represent the District Attorney’s Office in this proceeding.

Related Posts on Nevada Cop Block

Why Dustin McCaskill’s Arrest Actually Validates Cop Block’s Accountability

Dustin MccaskillRecently, it was reported that Dustin McCaskill was arrested here in Las Vegas for making threats on Facebook. There is some room for arguments about whether the First Amendment applies in this case, but unlike some other recent cases, Dustin has made specific and persistent threats for well over a year.

One of the things mentioned in the article is that these threats were made on Dustin’s “Colorado Cop Block” Facebook page, which has apparently been removed by someone (possibly FB, but as far as I know, the person and exact reason is not known, at this time). There is a bit of context that needs to be added there. Because of violent threats of the same nature both against police and other citizens on Dustin’s previous CB page, “Southern Oklahoma Cop Block,” which was eventually removed by FB as a result of the threats, Cop Block publicly disassociated itself from Dustin and SOCB last year (almost exactly one year ago). Not only was a post made on the main page explaining the reasons for that action, but SOCB was removed from the directory of official CB pages and content generated by that page was no longer accepted for reposts, either on the site or the main Cop Block FB page.

Later, after Dustin moved to Colorado, he again tried to use Cop Block’s notoriety to gain attention for himself, by creating the “Colorado Cop Block” page. This was even after he had himself claimed he didn’t want to be associated with Cop Block and had only kept “Southern Oklahoma Cop Block” as the title of his page because he wasn’t allowed by Facebook to change it. He also had created several anti-Cop Block pages, including one named “Cop Block Exposed” (which actually predated the Cop Block Exposed page that got a bit of attention recently by “exposing” really easy to find information and pictures about some of the members of CB and prompted him to complain about his page being the “original” CBX page).

Some of Dustin's less than wise advice.

Some of Dustin’s less than wise advice to South Florida Cop Block on Facebook.

It didn’t take long before he was posting violent threats again and had actually escalated to the type of things that got him arrested. So, it also wasn’t long before another post publicly disassociating Cop Block from Dustin and his pages was posted. Instead of listening to that advice about avoiding aggressive behavior, Dustin ran around Facebook posting insults and threats to the admins (myself included) of any of the affiliate pages he could find that had shared that post and stating that admitting to the FBI that he made those threats, as well as the threats themselves, were “the way to get things done” or some variation of that.

We can have discussions about when and if people should defend themselves against aggression by the cops, which is something Cop Block has done in the past, as evidenced by the “controversial” (mostly among people that have never watched it) Larken Rose video “When Should You Shoot a Cop?,” which discusses that very issue. Also, as stated, there is some level of argument that can be made about the First Amendment protection of speech vs. actions. However, making public threats (that Dustin obviously wasn’t even capable of carrying out) isn’t actually the way to get anything done, but more realistically, just a good way to get yourself put in prison, where you can’t do shit but sit and stare at a wall, or maybe even get murdered yourself.

The real moral to this entire story is that, unlike the police, Cop Block does blow the whistle on people that are potentially dangerous and that aren’t upholding the purpose and principles of Cop Block as an organization. Rather than making excuses for and covering up for Dustin, when we saw that he might likely do something that would reflect badly on all of us and prevent us from doing the positive mission that we set about to do, we publicly disassociated ourselves from him and warned others that he did not represent us or our goals as an organization. As has been stated numerous times, Cop Block is committed to non-aggression in our efforts to eliminate police abuses and aggression from them against others.

In addition, as I personally stated in a post the morning before I and three other individuals were arrested for peacefully and legally protesting the incredible lack of accountability by the LVMPD in August of 2013, it would benefit police themselves if they would exercise the same sort of responsibility when members of their group do things that will reflect badly on them and hinder their ability to accomplish their “mission,” instead of reacting with even more aggression toward those who rightfully point out those transgressions.

The transgressions of individuals reflect badly on a group at an inverse level dictated by the positive actions that a group takes to address those actions. When a group covers up for and enables an individual to continue negative behavior, the actions of those individuals rightfully reflects badly on the entire group. When a group does the right thing, then people understand that no group can keep every individual that has ever been involved with that group from doing something bad. “Bad Apples” have to be removed before they spoil the whole barrel, not used as an excuse that allows the rot to continue.

Cop Block can point to a legitimate and consistent history of holding our bad apples accountable for their adverse actions, while the police have a long and constant tradition of protecting theirs from any sort of repercussions for their actions, regardless of how bad or deadly they might be.

Kelly W. Patterson – admin of Nevada Cop Block  and Cop Block Press Passes (as well as a contributing writer on CopBlock.org and primary writer/editor for NVCopBlock.org)