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Update: NHP Dash Cam Audio Doesn’t Match Boulder City Police Version; Evidentiary Hearing Ordered Over Discrepancies

Nevada Police Sgt John Glenn Motion to Dismiss Dash Cam Audio

Boulder City Judge Victor Miller has scheduled an evidentiary hearing for Dec. 20th in relation to discrepancies with audio recordings that BCPD Sgt John Glenn provided in support of charges, including obstruction and resisting arrest, against John Hunt.

Earlier this week, Stephen Stubbs, a lawyer for John Hunt, presented in court even more proof of evidence tampering by Boulder City Police and/or prosecutors. Stubbs indicated that just prior to a Dec. 5th hearing on a motion he had filed to dismiss charges against Hunt, he had received a new dash cam video from the Nevada Highway Patrol.

The audio on that video did not match the audio on a dash cam video previously received from the Boulder City Police Department, even though the two videos had been recording simultaneously during Hunt’s arrest. In fact, the motion to dismiss had itself been based on allegations that the original audio from the BCPD’s version had been altered to justify filing retaliatory charges of resisting arrest against Hunt.

As has been detailed here previously (see related links below), Hunt is currently facing several charges related to a June 2016 incident in which he was arrested. At the time, members of the BCPD were conducting a “pedestrian sting operation” where they would step into a crosswalk, then ticket drivers who did not stop early enough.

Believing that their true motivation was to generate money for the city government by writing tickets, Hunt began walking back and forth into the crosswalk himself. According to Hunt, this was done as a protest of that monetary incentive and also to demonstrate his belief that they were purposely not giving motorists sufficient time to stop in order to issue citations.

Not long after, Hunt was arrested by Sgt. John Glenn and charged with “Failing to Yield as a Pedestrian” and “Resisting Arrest.” Initially, the charges were dismissed by the prosecutor after surveillance footage from a nearby business contradicted Glenn’s account of Hunt’s behavior. However, just one day after Hunt filed a civil rights lawsuit, the charges were refiled, along with an additional charge of “Obstructing an Officer.”

Hunt has maintained since shortly after he was arrested that things he remembered saying at the time weren’t included on the dash cam video. Subsequently, analyses conducted by two separate audio experts concluded that the video had been edited after the fact. (A PDF containing the full Forensic Audio Authentication reports can be found here.) Based on who had access to do so, that would have to have been done by either someone within the police department or the city attorney’s office.

Unlike that first video, the audio on the NHP video includes statements made by Hunt that support his own version of what happened that day. As a matter of fact, the audio that is not included on Sgt. Glenn’s version consists of two key exchanges that contradict his previous testimony and information he wrote within the arrest reports.

Via the Boulder City Review: 

During Tuesday’s hearing, Stubbs told Miller that there were two microphones together at the same place capturing the same event. One was Glenn’s and the other was this officer’s.

“There is a part of the video that should be the same, but it’s not,” he said.

In the subpoenaed NHP video that was provided to the Boulder City Review, there are two questions Hunt asks officers that are not present in the other dash-cam video when he is detained by Glenn.

In Glenn’s dash-cam video, the first time Hunt speaks to officers after being detained he says “No.”

According to the NHP video, after Hunt is handcuffed by officers he asks them if he is being detained. Then he said, “No,” and asks again if he is being detained.

After that he is told that he is not being detained but rather being arrested. He then asks officers what he is being arrested for and is told for obstructing a pedestrian in the roadway, obstructing traffic and resisting arrest. This portion is present in both Glenn’s dash-cam video and the NHP one.

The NHP one, however, includes the question, “How can I resist something that I’m not aware of?” that Hunt asks officers after being told why he is being arrested.

Glenn’s dash-cam video has no dialogue from Hunt during that time.

According to Stubbs, the Nevada Highway Patrol had located and downloaded this video with the full, unaltered audio all the way back in 2016. However, it wasn’t until Tuesday, just hours before the motion hearing, that they finally provided the video to Hunt’s defense team. (Almost as if they were trying to hide something.)

Based on this new evidence, Boulder City Municipal Court Judge Victor Miller scheduled an evidentiary hearing over the authenticity of the audio on dash cam footage provided by the Boulder City Police. After that hearing, which is scheduled for Dec. 20th, Judge Miller could rule to exclude the dash cam evidence or even dismiss the entire case, if he finds in favor of the defense’s claims that evidence has been tampered with.

Stubbs maintains that the charges should be dismissed outright on the basis of prosecutorial misconduct. That misconduct has cast sufficient doubt upon the authenticity of the entirety of the evidence against Hunt. As a result, he will not be able to receive a fair trial in light of that uncertainty.

 

Original Video Concerning the Perjury Committed by Sgt. John Glenn

Surveillance Video of John Hunt Crossing Street

Sgt. Glenn’s Dashcam Video

Other Posts Related to Boulder City, Nevada:

  1. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  2. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  3. Former Boulder City Nevada Police Chief Charged Over Animal Cruelty Cover-Up
  4. Former Boulder City NV Police Chief Takes Plea Deal on Charges Related to Animal Cruelty Scandal
  5. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  6. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  7. Boulder City Police Doctored Audio in Arrest Video Where They Were Already Caught Committing Perjury
  8. Update: Nevada Court to Rule on Evidence Tampering in Arrest for Obstruction of Police Revenue Generation
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Update: Nevada Court to Rule on Evidence Tampering in Arrest for Obstruction of Police Revenue Generation

Nevada Police Sgt John Glenn Motion to Dismiss Dash Cam Audio

A Boulder City judge will rule Dec. 5th on a motion to dismiss in the case of John Hunt, who was arrested by Sgt John Glenn in retaliation for interfering with their revenue generation scheme.

On December 5th, a judge in Boulder City, Nevada (located just outside of Las Vegas) will issue a ruling on a case involving a revenue-based enforcement exercise by local police, as well as allegations of a false arrest, perjury by a police supervisor, and the manufacturing of evidence that stem from an impromptu protest that day. Based on those improprieties, Judge Victor Miller has been asked to dismiss charges brought against John Hunt in a motion filed by Hunt’s attorney Stephen Stubbs.

In June of 2016, officers with the Boulder City Police Department were out early in the morning generating revenue for the city. Their scheme consisted of stepping into a crosswalk and then ticketing drivers who didn’t stop quick enough. One of the Boulder City residents that drove by that day was John Hunt, who has stated that he believes the police were intentionally stepping into traffic at a point where the cars did not have enough time to react and therefore would end up being ticketed and fined.

Hunt decided to protest what he deemed to be an unfair issuing of citations by going out and repeatedly walking into the cross walk himself. The intent was to show that the cars would stop if they were given the proper amount of time and thereby expose the true nature of Sgt. John Glenn and his cohorts. The Boulder City police have a bureaucracy to feed though, so obviously they weren’t happy about Hunt getting in the way of their morning fundraiser.

As I previously wrote here at NVCopBlock.org, Hunt was arrested and charged with “Failing to Yield as a Pedestrian” and “Resisting Arrest.” However, at his first hearing the charges were dismissed by the prosecutor even before it began. According to Stubbs, the reason for that quick dismissal was that Sgt. Glenn had lied on his police report in order to justify the arrest. Those lies (also known as perjury when included on a sworn police report) would have been exposed in court due to Hunt’s actions having been captured on a nearby business’ security cameras.

Not only did the surveillance video contradict Sgt. Glenn’s written arrest report, discrepancies soon surfaced involving the dash cam evidence that had been provided as part of the discovery process. As detailed in a follow up post I wrote here at Nevada Cop Block in October of 2016, Hunt questioned the authenticity of the audio included on the video that had been produced by the city. Subsequently, two different forensic audio experts testified that the audio had indeed been altered from that of the original video. (A PDF containing the full Forensic Audio Authentication Report can be found here.)

Citing the false testimony within the police report and the evidence tampering involving the dash cam footage, Stubbs filed a federal civil rights lawsuit in May of this year on Hunt’s behalf. In retaliation for that lawsuit, the Boulder City prosecutor refiled the original charges, plus an additional charge of “Obstructing an Officer,” the next month. In fact, rather than even try to mask the true nature behind refiling the charges, they were actually submitted by the city just one day after the lawsuit was reported by local news.

“I’m in awe of how stupid this is,” said defense lawyer Stephen Stubbs. “It screams of retaliation.”

Included in the motion to dismiss are several new details regarding the inconsistencies on the dash cam video’s audio track and some less than convincing excuses for them by Sgt. Glenn and city attorney’s office and police department of Boulder City:

The alleged false evidence mentioned in Tuesday’s motion to dismiss includes dash-cam video of the June 8 incident that Glenn said did not match what he had seen in the system from that day.

It was given to the defense by the city on July 5 and is different than the dash-cam footage that Stubbs received in 2016.

Two forensic experts who analyzed the 2016 dash-cam video determined that the recording had been altered.

“Two separate audio forensic experts have confirmed that the video contains the wrong unit number … proving that, at a minimum the metadata was altered …. The defense does not know how much of the video was altered or if an authentic video even exists anymore,” Stubbs wrote in his motion.”

That newer dash cam video and questions surrounding the erroneous unit number, as well as what appears to be an alteration of the text overlay on the video after the fact to replace the incorrect unit number has cast even more doubt on the authenticity of the video evidence the city has provided.

During a deposition for the lawsuit on November 20th, Glenn testified about those questions:

In that deposition, Hunt’s other attorney, David T. Blake, showed Glenn the earlier dash-cam video of the event. The video, (from) June 8, 2016, said that it was from Unit 277. The text of those items was in red print.

“As far as I know, our text is not in red,” he told Blake when asked if he’d seen that type of text overlay before. “It’s in white … It looks similar to the format that we use, but I don’t recall ever seeing any in red.”

Blake also asked him about the unit number.

In the deposition, Glenn said that his unit number the day of the activity on June 8 was 277. He also said that he had been assigned to that unit number since the vehicle was brand-new, approximately two and a half years.

Later in the deposition and in an email provided to the defense, Glenn said that although his unit number was 277, the camera in his vehicle was actually from unit 281.

“My vehicle number is 277 …. And the camera in unit 277 failed,” he said in the deposition. “It had to be sent back. There was another vehicle that wasn’t being used, which was unit 281. The camera out of that vehicle was taken out of that vehicle, placed in my vehicle and the device name was not changed when it was changed over. So my vehicle was being broadcast as 281.”

In the email Glenn added that the unit identifier was “mistakenly not changed” until around Aug. 4, 2016.

So, between the original retaliatory nature of the charges (without even getting into the exploitative financial motive for the “safety exercise” Hunt had interrupted), the inconsistencies in Sgt. Glenn’s police reports, and the evidentiary issues, logic should dictate that Judge Miller will have an easy decision to do the right thing and grant the motion for dismissal.

Stephen Stubbs certainly seems to think so:

“By manufacturing false and fraudulent evidence, the city attorney’s office, the Boulder City Police Department, or both have tipped the scales of justice so far that the scales themselves have fallen into a bog of eternal stench,” said Stubbs about Tuesday’s motion…

“We filed this because the evidence is clear that the city attorney’s office, the Boulder City Police Department or both manufactured false evidence and gave it to defense as discovery,” Stubbs said. “They cheated …. Justice requires all these ridiculous charges be dropped.”

However, we are dealing with the government and their police enforcers, so logic might not be the standard by which things are decided. Nor is there any lack of precedence for cops to get away with or even be rewarded for committing blatant acts of perjury and evidence tampering. That’s especially the case in Las Vegas area police departments.

Original Video Concerning the Perjury Committed by Sgt. John Glenn

Surveillance Video of John Hunt Crossing Street

Sgt. Glenn’s Dashcam Video

Other Posts Related to Boulder City, Nevada:

  1. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  2. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  3. Former Boulder City Nevada Police Chief Charged Over Animal Cruelty Cover-Up
  4. Former Boulder City NV Police Chief Takes Plea Deal on Charges Related to Animal Cruelty Scandal
  5. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  6. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  7. Boulder City Police Doctored Audio in Arrest Video Where They Were Already Caught Committing Perjury
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Update: Las Vegas Police Officer Previously Caught Committing Perjury Promoted (Again) to Captain

LVMPD Capt. Yesenia Yatomi Promotion After Perjury

Capt. Yasenia Yatomi, who ordered the illegal arrest of Las Vegas attorney Stephen Stubbs in order to question a suspect without his attorney present and then lied about it under oath.

Normally, once you know the actual background of the subject of Las Vegas ABC affiliate KTNV.com‘s “feel good story” about a female LVMPD officer receiving a promotion, its opening line would be rather ironic:

The Las Vegas Metropolitan Police Department’s newest captain is beating the odds…”

Of course, in this situation we’re talking about a cop and more specifically a Las Vegas cop. So any sort of amazement or disbelief in relation to their horrible and even outright illegal behavior on the job and lack of any sort of meaningful consequences should always be immediately and completely suspended.

The true fact of the matter is that if newly promoted Captain Yatomi was employed in any other sort of career field just the fact that she wasn’t fired after she was caught in court committing perjury in order to justify ordering the illegal arrest of a lawyer would have huge odds against it.

In fact, it could be argued that, even among the police in most cities outside of the Las Vegas area, being exposed (once again in court) as having falsified an official police report would also carry pretty good odds of landing a police officer in jail.

What’s not mentioned at all within that article is that Capt. Yatomi has a rather large and infamous history of misconduct over the past several years. As can be seen in the video embedded below, in 2013 then Sgt. Yatomi, as part of the LVMPD Gang Task Force, arrived at a traffic stop in which members of a motorcycle club, the “Bikers for Christ,” were being questioned by a group of Metro patrol officers.

In spite of the fact that one of the detained bikers had asked Stephen Stubbs, a local attorney who was present at the time, to represent him during that questioning, Yatomi immediately ordered him to leave. Stubbs refused to do so, explaining that the man had a Fifth Amendment right to counsel. Instead of honoring that request, Yatomi ordered the arrest of Stubbs for “obstruction.”

Stephen Stubbs Arrest Video

That, in and of itself, would be a violation of the Constitution and, based on that, an illegal arrest of an attorney who had every legal right to represent their client during questioning. At the very least, it should have brought into question Yatomi’s knowledge of the law and her (rather important) job requirement to actually be aware of and uphold the Constitutional rights of citizens. The fact she was in a supervisory position as a sergeant only compounds those factors.

However, rather than dismissing the charges and admitting to being in the wrong, Yatomi subsequently created a second police report with a falsified description of the arrest, alleging that Stubbs had actively interfered with the officers’ investigation. Fortunately for Stubbs, a bystander had filmed the entire incident. Otherwise, he likely would have been sentenced to jail and possibly even disbarred as a result of Yatomi’s false report.

Instead, once the video was shown in court, Stubbs was declared innocent by Judge Eric Goodman. That video evidence was convincing enough that Stubbs was not even required to present a defense. It gets even worse, though. Not only did Yatomi lie in the police report she presented to prosecutors, she also withheld the original police report in order to cover for her illegal actions. Since a police report constitutes a sworn statement, both the falsification of the second report and the withholding of the first are criminal acts.

Regardless of this blatant and obvious string of crimes Yatomi had committed, she suffered exactly zero repercussions for her intentional illegal actions. Judge Goodman refused to hold her in contempt for having committed perjury and evidence tampering within his courtroom, ruling that it was up to the LVMPD to file charges against her. And you know that didn’t happen, because Metro is known as the most corrupt police department in the country for a reason.

In fact, the Las Vegas Metropolitan Police Department has not only reached new lows in failing to hold Yatomi accountable in any way for her crimes, they’ve rewarded her quite handsomely for them. As shown in the video embedded below, in 2016 Yatomi was promoted to lieutenant. As part of that promotion Lt. Yatomi, who had been publicly exposed as a perjurer that withheld evidence in order to justify an illegal and unconstitutional arrest, was placed in charge of Metro’s internal affairs division (the department that investigates cops accused of misconduct).

And now, just four years after knowingly and intentionally committing multiple felonies in order to justify an illegal arrest, Yasenia Yatomi has “beaten the odds” by being promoted to the rank of captain and put in charge of the Bolden Area Command. That certainly inspires confidence that the LVMPD has cleaned up their act and can now be trusted to hold their officers accountable. I feel safer already.

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

Previous Posts on NVCopBlock.org About Capt. Yasenia Yatomi:

  1. The LVMPD Gang Task Force is Corrupt and it Extends All the Way to the Top
  2. Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding
  3. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  4. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  5. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  6. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side
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Update: Two Years Later the TSA is STILL Keeping You Safe Five Percent of the Time

Transportation Security Administration TSA Failed 95 Percent

Once again, TSA inspectors have failed to find 95% of the mock weapons sent through checkpoints by Homeland Security agents working undercover.

Just over two years ago, in June of 2015, I posted about tests Homeland Security had run at airports across the country. In those tests, undercover agents were sent through pre-boarding checkpoints run by the Transportation Security Administration. (Video from that original post is embedded below.)

Those agents carried realistic looking weapons and explosive devices past TSA screeners in order to determine how often the “weapons” would be detected. This included replicas of pistols, knives, nunchucks, tasers, ammunition, and even defused hand grenades.

Out of 70 items that should have been stopped, TSA screeners found a grand total of three of them. As I noted, at the time that translates to a failure rate of 95%. Not exactly a number that will make you feel happy as you stand in the giant line at the security checkpoint next time you fly somewhere.

Surely they’ve addressed those issues in those 2+ years and improved dramatically, though. After all, you could seemingly stumble into a higher level of success just by randomly guessing which passengers have some sort of contraband in their luggage. Right?

Not so much, according to the Washington Times:

Undercover federal agents successfully snuck drugs and explosives past security screeners at Minneapolis-St. Paul International Airport last week, according to the local Fox affiliate.

The Transportation Security Administration (TSA) conducted the test last Thursday by sending agents disguised as ordinary passengers into the airport in order to see if screeners were up to snuff, KMSP reported.

The TSA “red team” attempted to smuggle 18 different items past airport security that should easily be detected but prevailed almost every time, the Fox affiliate reported.

“In most cases, they succeeded in getting the banned items through. 17 out of 18 tries by the undercover federal agents saw explosive materials, fake weapons or drugs pass through TSA screening undetected,” KMSP reported, citing unnamed sources familiar with the operation.
In fact, it could have even been worse this time:

The security test was ultimately abandoned once the TSA’s failure rate reached 95 percent, the station reported.

So, before the Mercy Rule was invoked, the TSA screeners in Minneapolis had successfully found a weapon being smuggled onto a plane once. Which, like 2015, equates to just five percent of the time.

Basically, when you eliminate groping people; especially underage passengers, taking lewd photos of unsuspecting women, and stealing shit out of your luggage, they just aren’t very proficient at what they do. (To be fair, they do seem to be pretty good at finding spare change passengers being subjected to their ineffectual security theater leave behind.)

Truth be told, they actually couldn’t be much less useful (and would be quite a bit less annoying and exploitative) if they just slept through their shift, like the guy in the picture at the top of this post.

Minneapolis – St. Paul TSA Screeners Fail Yet Again

Successful Five Percent of the Time in 2015

Groping People to Keep You Safe Almost Never

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Nevada Cop Block Will Be Attending Freedom Fest 2017 and the Anthem Film Festival

Freedom Fest Las Vegas Nevada Cop Block CopBlockThis year, members of Nevada Cop Block will be attending Freedom Fest, which is held annually here in Las Vegas. Freedom Fest 2017, which will be hosted by the Paris Hotel and Casino on the Las Vegas Strip, marks the tenth anniversary of the “world’s largest libertarian gathering.”

The theme for the Freedom Fest this year is, “Exploring New Frontiers.” A title that is no doubt inspired by the fact that Captain Kirk himself, William Shatner, will be serving as a keynote speaker this year. Other notable speakers include John Stossel, Steve Forbes (whose 70th birthday will be incorporated into the events), Nick Gillespie, and John McAffee, along with many more. In addition, as always, there will be multiple panel discussions, debates, and breakout sessions devoted to libertarian ideas and theories.

The Police on Trial

What I expect to be one of the highlights will be the mock trial that this year features “the police on trial.” It is described this way on the event site:

What is the state of policing in America? Are the police overstepping their bounds and eroding the rights of citizens? What about the safety of the police officers who have promised to protect and serve? Fox Business host Kennedy, who hosts her own show on Fox Business, is back as the judge in our mock trial, the most popular event at FreedomFest.

This year we’ll put “The Police on Trial,” accused of violating property rights (through civil asset forfeitures), racial discrimination, and using excessive force with SWAT team and individual arrests. She’ll oversee prosecuting attorney Neill Franklin (Baltimore Police Department), defending attorney Larry Elder (popular radio talk show host), and star witnesses Adam Bates (Cato), Daniel Franklin (NAACP), Larry Burns (Las Vegas Police Department), and Dan Bongino (NYPD, Secret Service). Not to be missed.
FreedomFest Mock Trial Police Las Vegas Nevada Cop BlockThat should be interesting. (I say: Guilty as charged. Watch the video here and see what their verdict was: https://youtu.be/z3eftVK8rFE)

Anthem Film Festival

The other major attraction of Freedom Fest is the Anthem Film Festival, which has accompanied it for the past seven years. The stated goal of the film festival, which includes, documentaries, narrative films, and short features, is to provide a venue for filmmakers who care about individuality and libertarian ideals. In addition to the screenings, each film also features a panel discussion with those involved in making them afterwards.

Of course, if you’ve followed Nevada Cop Block recently you also know that the film festival has special relevance this year for Las Vegas and anti-police brutality activists working within the city. On Thursday, July 20th, at 3:20pm, the documentary “What Happened in Vegas,” by Ramsey Denison, will be screening inside the Versailles 3 Theater.

As I’ve already described several times on this site, “What Happened in Vegas” details the many crimes, corruption, and cover-ups of the LVMPD. Along with other local cases of abuse, racism, and police brutality, it focuses on the murders of Trevon Cole, Erik Scott, Stanley Gibson, and Tashii Farmer-Brown by Las Vegas police officers, as well as the cover-ups that followed them. (See below for the official movie trailer and links to related posts on NVCopBlock.org.)

The post screening panel will also include a press conference attended by the mother and other family members of Tashii Farmer-Brown. This will be the first public appearance by Brown’s family since he was murdered by LVMPD Officer Kenneth Lopera at the Venetian Hotel and Casino on May 14th. Lopera has since been charged with involuntary manslaughter, after the local community reacted with outrage at his actions.

Brown had approached Ofc. Lopera and another Metro officer requesting help. Instead of being treated like someone needing help he was instead treated like a criminal even though he was not suspected of or wanted in connection with any crime at the time. After he became afraid and tried to leave, he was chased, beaten, tased seven times, and eventually choked to death by Lopera.

Personally, I’m looking forward to Freedom Fest and especially to the screening of “What Happened in Vegas” during the Anthem Film Festival. Hopefully, you’re going to be there, too. If you see me or one of the other members of Nevada Cop Block out there say hello.

“What Happened in Vegas” Trailer

Related Posts

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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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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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Update: RCMP Officer Convicted of Abuse and Sexual Torture of Son Sentenced to 15 Years in Prison

RCMP Child Abuse Ottawa Royal Canadian Mounted Police

A Royal Canadian Mounted Police Officer convicted of starving, beating, and sexually abusing his son has been sentenced to 15 years in prison.

In December of last year, I posted about a Royal Canadian Mounted Police Officer who had been convicted of numerous abuse-related offenses after his son escaped from a makeshift dungeon he had created in the basement of his house. On Wednesday, that officer was sentenced to 15 years in prison for the torture he had infilcted against his son. Critics, including a group known as “Bikers Against Child Abuse,” complained that the sentence, which likely will amount to eight years at the most, was insufficient in light of the severity and nature of the crimes involved.

At the time of his arrest in 2013, that son was described as looking like “someone from a concentration camp movie.” Despite being eleven years old at the time, he weighed just 50 pounds and had scars on his body, including those consistent with someone who had been shackled at the wrists and ankles for an extended period of time. In addition to being starved, chained up, and physically abused, the child was also sexually tortured by having his genitals burned with a lighter. Ironically, the officer worked for the RCMP’s counter-terrorism unit.

After escaping from the basement where he had been confined, the officer’s son was spotted in nearby houses attempting to get water from the faucets within the yards. When one neighbor attempted to take him home, he collapsed from the effects of malnourishment. Ottawa Police Det. Johanne Marelic and other investigators described his condition when they first saw him as “unfathomable” and “difficult to comprehend.”

During court, the officer apologized for “being a monster” to his son and attributed his actions to PTSD resulting from having been abused himself. Although Justice Robert Maranger described the charges as “horrific” and the “worst kind of abuse” while stating that he didn’t believed the officer had shown any true remorse, he nonetheless indicated that he avoided giving him a much harsher sentence (prosecutors were seeking 23 years) due to the testimony from expert witnesses about his mental state and the contention that the abuse was caused by PTSD.

The officer was convicted of two counts of aggravated assault, one each of sexual assault causing bodily harm, unlawful confinement, assault and failing to provide the necessaries of life, plus several firearms offenses. In addition, the officer’s wife (and the prototypical evil stepmother of the child) was also convicted of assault with a weapon and failing to provide the necessaries of life, but received a sentence of just three years. The names of the officer and his wife have not been released publicly per a court order to avoid identifying the child who was victimized by them.

Local News Coverage

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Know Your Rights Seminar Held in Las Vegas by Attorney Stephen Stubbs (Video)

Note – this is an update of a previous post: “Las Vegas Know Your Rights Seminar by Attorney Stephen Stubbs to be Held March 23rd.” This post includes a video of that know your rights seminar.

On March 23rd in Las Vegas, local attorney Stephen Stubbs held a “know your rights” seminar. Although this know your rights class was open (and very much relevant) to the general public, the primary reason for it being held was recent harassment of motorcycle riders in Las Vegas by the LVMPD (“Metro”) using saturation teams and the gang task force, including a “motorcycle intelligence unit” specifically created to gather information on motorcycle clubs.

As Stubbs mentions in the Facebook Live video embedded below, this harassment has involved the profiling of people that ride motorcycles and several violations of those people’s rights. That includes manufacturing suspicion to stop them, attempting to force passengers to ID themselves, and detaining them longer than is required to perform an investigation related to the (often dubious) offense that they have been stopped for.

Obviously, the motivation behind these targeted stops and the attempts to question those stopped is to gather information about motorcycle clubs under the false pretense that anybody belonging to a motorcycle club is a criminal and the even more flawed pretense that anyone riding a motorcycle and/or fitting a certain description must belong to a motorcycle club. Beyond that, Metro has also been known in recent years to illegally put pressure on public businesses, such as bars, to attempt to force them to exclude members of bike clubs from those businesses. This often is done under the threat of having their liquor license taken away.

Included below are embedded videos containing the entire know your rights seminar, as well as a shorter excerpt discussing a somewhat controversial method of handling general police encounters in which police insist on questioning you even after you’ve already invoked your Fifth Amendment right not to speak (use at your own risk).

Full Video of Know Your Rights Seminar

 

Downtown Las Vegas know your rights flyer by NVCopBlock.org

As regular readers of the CopBlock Network know, Stephen Stubbs has a pretty long history (see “related posts” section below) of defending the civil rights of people (including himself) against the police, especially those departments located within the Las Vegas area. That has included defending motorcyclists against the frequent harassment they receive from the LVMPD.

Stubbs has also in the past done know your rights seminars numerous times at events and for various groups (as well as independently) throughout the Las Vegas area. (See below for an embedded video of a previous know your rights training.) Among other things, these seminars typically will cover issues involving the First, Fourth, and Fifth Amendments such as the requirements for a legal detainment, when you are obligated to identify yourself to police, your rights when the police want to search you, your right to remain silent and why that’s a good idea, and your rights when filming the police (and why that’s also always a good idea).

In spite of the direct motivation for this particular know your rights seminar being the harassment directed at motorcyclists, the topics and rights discussed were not exclusive to cyclists and are helpful and applicable to anyone that is stopped by the police.

Excerpt: How To Handle General Police Encounters in Nevada

LVMPD doesn’t care about the law

Previous Know Your Rights Seminar by Stephen Stubbs

Related Posts:

Stephen-Stubbs-CopBlockThose of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs has been featured numerous times on the Cop Block Network. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block on issues or cases within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) 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. Las Vegas Know Your Rights Seminar by Attorney Stephen Stubbs to be Held March 23rd
  2. “What Happened in Vegas” Isn’t Staying in Las Vegas; Documentary on Police Brutality Premiers at Cinequest
  3. Nevada CopBlock Founder Arrested While Filming Las Vegas Metro Police
  4. LVMPD Caught on Body Camera Admitting They Arrested Man For Singing F*ck The Police
  5. Las Vegas Attorney Stephen Stubbs Explains How Not To Get Beaten And/Or Shot By The Police
  6. The LVMPD Gang Task Force is Corrupt and it Extends All the Way to the Top
  7. Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding Evidence Charges in Court
  8. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  9. Boulder City (NV) Police “Employee of the Year” Commits Perjury to Arrest Man Interfering With Revenue Generation
  10. Las Vegas Metro Police Illegally Search; Sexually Assault Innocent Man to Justify Bullshit Arrest
  11. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  12. Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement
  13. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  14. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  15. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  16. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  17. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  18. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  19. Game Over for Insert Coins’ and Their Abusive Bouncers
  20. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  21. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  22. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  23. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  24. Las Vegas Police Agree That You Should Film Them
  25. Free Know Your Rights Seminar in Las Vegas
  26. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

Other Videos:

The LVMPD Gang Task Force is Corrupt

Original Stephen Stubbs Arrest Video

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

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