The following post and video were shared with the CopBlock Network by the “Rutherford Beacon,” via the CopBlock.org Submissions Page.
Rutherford County Sheriff’s Office
940 New Salem Highway
Murfreesboro, TN 37129
(615) 898-7770
Sources:
- RCSO Incident #33690
- RCSO Complaint #13120964007
- RCSO Booking #329368
- Report of Action from Cpt. Derrell Cagle Re: James Vanderveer on 12/12/13
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On December 9, 2013, an inmate was brought to the Rutherford County (TN) Sheriff’s Office jail facility on a charge of “Resisting” and “Hold – Other Department.” The inmate was placed into a restraint chair in the sally port, which binds your wrists and ankles into restraints, as well as various straps to limit movement.
Upon being brought into Holding Cell #133, a strap that goes across the inmate’s legs to keep movement limited came loose. According to department records, this strap had been malfunctioning for several months prior.
Deputy James Vanderveer, who was re-hired after being forced to resign due to a DUI arrest and is the nephew of Sheriff Robert Arnold, entered the holding cell and began to re-secure the strap. The inmate’s ankles and wrists were still securely in their restraints and he was unable to move his legs or arms more than an inch or two. There appeared to be no struggle taking place when Deputy Vanderveer sprayed pepper spray into the gap in his spit shield. The spit shield remained in place for ten minutes before being removed.
For one hour and fifteen minutes, the inmate received no medical attention and could be seen convulsing, yelling for help, and struggling.
Deputy Vanderveer stated in a subsequent incident report that the inmate was combative and that his legs had come lose, which is contradictory to video evidence.
Jail supervisors later documented that they informed him that “he better write a good report and … hoped he could justify spraying someone while they were restrained in a restraint chair.” Deputy Vanderveer later received a written reprimand for “Dispropotionate Use of Force” and is still employed as a sheriff’s deputy.
– Rutherford Beacon
Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
____________________________________________________________________________
Connect with Kelly at these social networks; Facebook, YouTube and Twitter.
When in jail, go with the program….
It sure is nice having your uncle as your boss, I worked for my uncle once as a manager of a Dairy Queen. The perks were pretty good, but not a good as being able to spray someone in the face with pepper spray for not cooperating. I did get to fire a couple of employees for not doing their jobs properly, but never got the chance to hurt any of the annoying customers. I think I remember there being some policy about respecting all employees and customers, but then again who reads those annoying company policies anyway. I think perhaps I should look at becoming a rutherford county sheriffs deputy, but only after I get arrested for a DUI, because that seems to be needed for my resume. I think the training video provided here by the sheriffs department will be a great help as well. Because without good visuals like this, how would I ever know how to properly handle and protect myself from a person completely restrained to a chair.
SHOULD HAVE REMAINED SILENT. HOWEVER NO EXCUSE FOR THE BEHAVIOR OF THE DEPUTY.
I love yall… keep up the good work… if i have video to help u were do i send it???
{Mod Edit} You can send any videos or submissions to Copblock.org/submit
In a professional world, the offenses would have ended his job. And it is highly inappropriate for him to work under a relative. And the reasons are obvious.
The deputies are standing that close when pepper spray is being shot at the guy? They don’t look to concerned about being that close. I know they go through pepper gas training but really? The look pretty casual to me.
That’s most of the problem. A bunch of people in a room, and you can’t really tell who the biggest scumbag is.
If he was in the restraint chair, he needed to be there. But pepper-spraying him while restrained is illegal. It’s torture. After spraying, the guy has to be watered down to wash the stuff away. Those are the rules. The medical person has to check the restraints, too. If this wasn’t done promptly, the supervisor’s ass ought to be in just as much trouble as the deputy.
If you see the entire video, the shot is about 1/8 of a second. It probably had a vast majority of propellant than pepper….
…And by legal (state and federal) definition, its not “torture”
Whiner whining because he got got story #9821
Too tragic to even write a comment at this point….
http://www.infowars.com/no-charges-filed-against-cop-who-shot-72-year-old-on-his-own-driveway/
Commen Sense,
They broke a half dozen laws among them violating their oath of office and falsifying a report.
And they cant be that bright that they did this on camera.
Truly stupid criminals.
But go ahead and defend a bunch of mental midget cops.
Kaz,
great post.
Kaz and Shawn
the problem doesn’t even stop with actually working under a relative it extends all the way to just being a relative or friend of a cop.
Look at the NYPD ticket fixing scandal. Even the scammy union came out and said it was a perk of the job.
Absolutely ridiculous.
Logic- What half a dozen laws have they broken? How did they violate their oath. I didn’t read anything that says they falsified anything. I don’t think you were reading the same article that everyone else is.
Jake C,
“Logic” is like every other woman, reacts with emotion, not facts….
Common Sense,
“When in jail, go with the program….” otherwise, you deserve anything they do to you. Thought I’d finish the sentence for you. Yeah, I know it’s unsanitary.
Jake,
Newsflash! Woop Woop
This story is all over other national news sources.
Common Sense,
I realize you too dont understand even basic concepts but I dont get my news from copblock.org.
I read about this a whike ago on an actual news site.
Jake C,
The fasification would be in this sentence: “… and that his legs had come lose (sic)…”. His legs were not free of the restraints, which is what they would need to be to justify “had come lose (sic)”, the restraints came loose not the inmate’s legs. He used that phrase to justify that the inmate had become combative. And look at that word, no one in a restraint chair meets the meaning as normally used, “ready or eager to fight”. You have people here that need to be in control as they perceive control, and need to act by that even when no action is needed.
They could have easily stepped back and waited for the guy to tire out. But restraint isn’t for them but others. So, one got what he deserved, and it wasn’t the guy in the restraint chair.
Sorry, the story has no legs….
Logic – You are avoiding my question. What half a dozen laws did they break and how did they violate their oath? Please back up your statements.
Capt. Cagle from the report:
“Officers have the responsibility to determine what the reasonable response may be in situations such as this while ensuring that the minimum amount of force necessary to control the situation is utilized.”
Common Sense,
But the story is all about legs, so it has legs.
(Good turn of phrase, a good pivot, and worth a chuckle)
Capt Cagle :
“Deputy Vanderveer could have sought out additional manpower to help him with the restrained inmate and using Freeze+P as a last option, in this situation.”
T.C.A. § 8-18-112
I do solemnly swear that I will perform with fidelity the duties of the office to which
I have been appointed, and which I am about to assume. I do solemnly swear to
support the constitutions of Tennessee and the United States and to faithfully perform
the duties of the office of deputy sheriff for Rutherford County , Tennessee. I
further swear that I have not promised or given, nor will I give any fee, gift, gratuity,
or reward for this office or for aid in procuring this office; that I will not take any fee,
gift, or bribe, or gratuity for returning any person as a juror or for making any false
return of any process and that I will faithfully execute the office of deputy sheriff to
the best of my knowledge and ability, agreeably to law.
I do solemnly swear that I will perform with fidelity the duties of the o
Logic,
The problem is that “minimum” means use force rather than meaning no force, which would be the absolute minimum.
As an aside, the deaf face this mindset with every encounter with police. So do diabetics (I have two children that are) when they go low. If restraint was a solid part of police culture, that they must take time to assess, these incidents when they beat a diabetic or a deaf person would decrease to insignificance for those communities (both put out warnings about police). However, restraint would violate the First Rule of Policing.
Jake,
I posted the oath above. Not following the constitution of the state or the US violates the oath.
Violation of Oath
Disproportionate Use of Force
Simple Assaul
Aggravated assualt with a weapon
Recklessness
Harassment
Menacing
Threatening
I could probably think of more. Qny citizen who did this to someone else would be facing at least 3 of these from any DA in the country. And citizens wouldnt qualify for violation of oath or disproportionate use of force.
JAKE IF YOU DO NOT UNDERSTAND THE MEANING OF EACH OF THESE CRIMES THEN I SUGGEST YOU GOOGLE A GOOD LAW DICTIONARY AND LOOK THEM UP.
ANY LAWYER COULD EASILY APPLY THEM.TO THIS CASE AND PROBABLY GET AN IDICTMENT.
Ariel,
Oh gosh I feel for anyone with a disability or any medical condition in this country that makes them “suspicious” to the cops.
Try telling a cop that diabetics can blow inaccurately high BAC when they think these things are never wrong.
Did you see this incident with a diabetic woman
http://m.youtube.com/watch?v=Uw9pgkJoJrY&desktop_uri=%2Fwatch%3Fv%3DUw9pgkJoJrY
Logic,
No, but I’ve seen others. The need to act gets in the way of acting rightly. The need to do something, anything, gets in the way of doing the right thing. If someone doesn’t respond to your commands they are dissing you, and deserve your response (this is the authoritarian justification).
Some PDs are trying to train their officers to recognize diabetic reactions and deafness, but not only is it hard for the officers to be so discerning but it goes against their mindset of being in control in order to follow the First Rule of Policing.
Ariel,
For as culturally sensitive as we have become in this country it seems the police have actually gone backwards. And when you try to explain this to them they cry how they cant be PC and do their jobs.
But they dont need to be PC they just need to be educated that not every situation is cookie cutter and calls for aggression. Not everyone is “dissing” them when they behave the way they do.
And that even if they are disrespecting them that is not their concern because they are not representing themselves they are representing the People. Let the People (courts) decide if there are any consequences for the disrespect.
I was writing of a perceived dissing rather than a real dissing. Not following commands, immediately, is an affront to many cops, but in the case of diabetics, the deaf, even the mentally ill, it isn’t a challenging of a cop’s authority, it’s an inability to respond.
Logic,
BTW, I don’t see this as PC, I see it as not hurting people because they don’t deserve to be hurt. The failing of the cop to rightly assess the situation isn’t an excuse for hurting someone. The rest of us are punished for causing harm when failing to rightly assess a situation, the standard shouldn’t be less for a cop. And no, paper in a jacket isn’t punishment.
@Logic
“And when you try to explain this to them they cry how they cant be PC and do their jobs.”
That is just an excuse they use to justify uncontrolled behavior. Restraint and self control are not PC, it is proper behavior.
I agree Ariel, I didnt explain myself very well about what was really disrespect and what cops think is disrespect.
I dont understand how any.cop thinks.just because they assumed a.risk.they should get to hurt someone with impunity.
My brain just doesn’t work that way.
Dont take the job if you are that scared of getting a booboo from someone who may or may not even understand you.
Well said Shawn,
I am not PC I am just a decent human being.
Logic,
When I was in the USCG in the 70s our primary mission was SAR. For the guys that had to go out in rough seas in small boats, even voluntarily, it was always done knowing that they might die. There was an adage of “you have to go out, it doesn’t mean you’ll come back.” You assumed the risk in order to save lives. You did your damnedest not to die, but didn’t harm an innocent in order not to die. It just wasn’t done if you wanted to hold your head up around your shipmates.
Sub-cultures have their own rules, and those rules always have justifications as to why they are right however wrong or right. In the case of police, only they know what is right. Obligatory: no not all cops, but too many. Policeone comments are often very mixed, so I know it’s never all cops.
Its obvious that there are paid shills and trolls on this site by the inflammatory, callous and blatantly ignorant comments of some. In case some aren’t aware yet, the govern- mental paranoia about the widespread awakening of human beings in this land we call America rising up and pointing at the oppressors and their crimes against us, the people, by the minion cops these oppressors own, who have been indoctrinated into following orders without conscience or critical thought, given free access to abuse without penalty, has become a problem for PR and sites like these give them fits.
‘Corporate counsel’ (because government courts police etc are all corporations privately held, for profit businesses,not public servants) another low life ‘profession’ the attorney for these orgs have directed administration to do ‘damage control’ in the public eye on the internet by hiring firms (like this one http://scl.cc/history.php ) who have long histories of successful interference in freedom, in elections, in public opinion at war, in media, and on the internet where they pay unconscious subhumans who have no conscience to pend their days targeting the sites, forums, comments of sites that discuss the realities of human outrage at their actions, and try to take out the stronger voices by any means possible, as well as sway and intimidate others to make it less likely for additional negative opinions to be posted.
Fuck em. Consider those posts anywhere you see them as someone who lives off the misery pain destruction and deaths of humanity.
Poetic justice would be that one of them should be pepper sprayed while restrained with a gag on. Then they may have a conscience or empathy toward human suffering.
He’s correct. Pete and Adam pay me in silver ingots and Bitcoins.
Pat’s comments, noting the delusional and irrational tone, clearly shows he’s not only un-American but he’s probably a an agent of the Taliban.
The FBI and the NSA will he in contact “Pat.”
Logic – You aren’t answering my question. You made those statements now back them up. Posting some oath doesn’t wash. Please back up your statements or you need to read a law book because you are making things up.
Jake C,
Logic doesn’t understand what statutes and laws are. She actually thinks “Disproportionate Use of Force” is a criminal statute.
Be careful or Logic will go All Caps on you again.
Commen Sense,
You are a fool.
What part of this phrase did you not understand?
“And citizens wouldnt qualify for violation of oath or disproportionate use of force.”
Hmmm. I guess I did understand that wasnt a criminal statute.
And dont pretend you know anything about the law when you can’t even read.
If you cops on this site are the example of the average IQ of police in this country then we really need to take your badges.
All these cops can’t even follow a written conversation and we are supposed to believe they accurately report what a “suspect” said?
You don’t get to be stupid on my dime.
Logic – You still haven’t backed up your statements. You said they broke half a dozen laws and violated their oath. Are those your words or are you claiming them as fact. I read the article and no where does it say they broke a half a dozen laws or violated their oath. Please post a link to back up your statements. I am very interested.
Ariel – I don’t agree with you. The guy was put in the chair for a reason. To actually believe someone in restraints still can’t be dangerous or out of control is not correct. All I see is a picture and the guy is in the restraints and the two officers are standing there very casual which doesn’t seem right for someone ready to spray someone.
Jake,
It is facts.
Logic,
Please cite the KY criminal statute. Again, you are just a woman filled with emotion.
No charges will be filled, the matter is closed.
Move along citizen, nothing to see here….
Common Sense,
Why would I site a KY criminal statute.
Hey Inspector Cluseo I realize you don’t understand constitutional rights but I am sure the states would appreciate it if you would respect that they each have their own statutes. This happened in Tennessee so citing KY criminal statute would really make no sense.
But great detective skills there. Please tell me you are a parking cop and not in a capacity where you are required to investigate.
Ah, I stand corrected.
Please cite the TN criminal statute.
Ah, I stand corrected…
Please cite the TN criminal statute.
Common Sense,
Thank you for admitting you were incorrect.
I am not The Dummies Guide to the Internet, nor am the Dummies Guide to Law.
look it up yourself. I dont even know what statute you want.
But here I will start you with a link. Enjoy
http://www.lexisnexis.com/hottopics/tncode/
I can see that you can’t answer the question repeated posed by JQP.
JQP 2 – Logic 0
( I gave JQP an extra point )
Oops it was Jake,
Jake C 2.5. – Logic 0
Wow Super Cop Common Sense -0
Logic -2 on Comprehension And Reading Skills
Apparently now I am The Dummies Guide to Reading
You sure you and t arent the same person?
Cagney,
Jake doesnt even know what Jake is asking and I am supposed to know?
To the guy posing as Common sense, let someone strap you down and spray pepper spray in your face and leave it for ten minutes, plz. Put it on camera and send it in to prove to us it’s not bad.
Jake asked what laws were broken. You mentioned something about “disproportionate use of force” and there exists no statute in TN for that. You mention an “oath of office” violation and again, there exists nothing in the actual law that covers a jailer pepper straying someone.
“January 30, 2014 at 6:40 pm
Logic- What half a dozen laws have they broken? How did they violate their oath. I didn’t read anything that says they falsified anything.”
I guess upon re-reading that, a woman would have been confused. Maybe you should stick to laundry and baking, leave decision making to the men.
Common Sense,
You too should learn to stop when you are behind.
I listed 6 crimes (even said that oath and.force.were not applicable) that I said he COULD BE charged with. Not HAD BEEN charged with.
I told Jake in big letters.to look.up those himself.
You obviously dont know how to use a legal database either.
Is english your second language? Because if it is you probably should go find your old first grade teacher and beat her with a baton for not fulfilling her duty to teach even basic reading and.comprehension skills
See law listed. (using law because statute is too big a word for you)
Read State.
Google listed law in that State.
Hey Cagney,
Jake never asked about a statute.
Period.
Common Sense,
What decision did this “woman” leave up to you?
The decission to be stupid.
Just keep posting, I am sure your momma is as proud of you a T’s momma is.
My baby boy is a misogynist hero.
You can google that big word for the definition and pronunciation.
Logic – You never answered Common Sense question or mine. You are talking off the top of your head with nothing to back it up. Why should I look it up when you said it. Prove your statements. I am interested.
For all.
For all those who dont understand oath violations.
You are guilty (whether.charged, disaplined or convicted) of violating it everytime you do something against the constitution of the US or State. Doesnt matter what it is.
It is an oath and you violate it.simply.by deed or action.
Jake,
Just because you (and Cagney) don’t understand that I DID answer all your question. doesnt mean that iI didnt.
Jake you have demonstrated you have a difficult time understanding even basic concepts. I am not going to walk you through how to properly read and extrapolate information given to you.
The world.doesnt operate.that way.
Use.the URL I gave to Cagney and look up the list I gave you.
Logic,
You’re the one making the claim – nobody else.
Put up or shut up.
Cagney and Jack,
Because you two aren’t that computer savy and I feel sorry for those less fortunate than me I thought to throw you a bonus.
PLUS it educates anyone else reading.
If you dont understand what I am about to post then contact a lawyer and pay him $200 a hour to walk you through it.
Tennessee Code VIOLATION OF OATH AND ETHICS
CC TN Code Ann. §39-16-104, and §39-16-402, 403, 404
Specifically:
-A public servant acting under color of office or employment:
Intentionally subjects another to MISTREATMENT or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful (Official oppression)
Class E felony
Max. imprisonment 1-6 years; max. fine $3,000
READ IT AND WEEP OATH VIOLATORS. YOU ARE CRIMINALS.
Because Vanderveer took an Oath and is a Public Servant he has the potential to be criminally charged for Violating his Oath for Mistreatment. A regular citizen doesnt take an oath and isnt a public servant so they cant be charged for this crime.
Maybe Logic can make a connection – now define the meaning of “mistreatment” for that specific statute.
We are a nation of laws. Very specific elements must be met. To continue, ‘…public servant knows the conduct is unlawful’ and the key word there “knows” and is “unlawful.” Not to mention the word “intentionally.” Sorry, the burden for a criminal charge would not be met. Thus, no charges and is an internal matter.
Keep logging on little lady, maybe we can educate you into the world outside the kitchen.
31B-,
You can shut up.
Read the “non-existant” (according to Cagney) code that absolutely “covers a jailer pepper spraying someone.”
All you supposed cops are so used to running your mouth that you never actually stop to think.
You cops take an Oath and happily violate it because you have no honor or integrity and are too ignorant to realize it is also an actual crime.
Must be really rage inducing when you come.upon someone who knows the law better than you and reminds you of that.
If your behavior on this site is any indication of how you be have while serving the public you are a menace.
Cagney,
You are being obtuse.
If you dont understand how that is mistreatment you shouldn’t be allowed members of the public.
Just go back to violating your oath and pretend you dont know how what you are doing is applicable.
As soon as more people start hassling DAs to charge you of this particular violation you will learn really quick how it applies.
Logic – You haven’t proven anything. You seem to be quick with pointing the finger at anyone who challenges you to back up your statements and then make crude insulting remarks and claim those are your proof. Again, back up your statements. You haven’t backed them up with real links to anything that would support your statements.
Common Sense,
You ask me time and time again for information that someone else supposed asked for and then when provided you ask me another question.
You clearly know absolutely nothing about the application of law.
Any reasonable man (more legal mumbo jumbo) can see that is mistreatment.
Ignorance of the law is no defence.
Every reasonable man knows pepper spraying a restrained man through his spit shield is wrong. Just because you think Deputy Bubba didnt”know” that is not a legal defence.
Even his supervisor told him he better think of a good reason why he needed to do that. And since he was formally reprimanded they even know he knew what he did was wrong.
Thus Violation of Oath.
So back to mistreating someone you have some perceived power over and leave the intellectual discussions to the baking women on this site.
Jake,
End of discussion as this is clearly beyond your capacity to comprehend.
It no surprise to me, or anyone else who sees what is going on with cops in this country, that you all think it is okay to violate an oath because you did not know it was illegal to do so.
You have neither honor nor personal integrity.
Here you go Logic, since you’re too lazy to look it up yourself:
TENNESSEE STATUTES AND CODES 3-3-120 – Perjury and subornation of perjury Penalty.
3-3-120. Perjury and subornation of perjury Penalty.
(a) Any person who willfully and corruptly swears or affirms falsely in any material manner, upon any oath or affirmation, in respect of any matter under inquiry before either house, or such committee of either house or joint committee of both houses, commits perjury and shall be subject to indictment, trial and conviction for such perjury.
(b) Any person who corruptly procures another to swear or affirm falsely in any such inquiry commits subornation of perjury and shall be subject to indictment, trial and conviction for such offense.
(c) A violation of this section is a Class E felony.
http://statutes.laws.com/tennessee/title-3/chapter-3/3-3-120
Yes, I asked another question. Why? Because it all matters. Activists need to stop playing the emotional card and that’s what you are doing. That “legal mumbo jumbo” is how citizens are either indicted or not. Its rather important. The words and their meaning are vital. Without the ability to prove, beyond a reasonable doubt, a crime, whatever crime, took place, then all you have is pouting.
And since you brought it up, how about some cookies honey?
JQP,
Are you just cutting and pasting random stuff again?
Oh………..you think I meant the oath you take to tell the.truth???
Noooooooo!
Read the thread. You are off topic. We are not discussing the oath you take to tell the truth when testifying.
Please tell me the cops on here werent thinking the same.thing?
Common Sense,
You are equivocating.
Lacey:” just because you dont get charges or a conviction doesn’t mean a crime wasnt committed”
I gave you what you wanted now go outside and play.
Logic – You have refused to prove your statements. By that I can safely assume you are lying. You are one of these activists who talk off the top of your head but refuse to back up your statements because you believe your word is the truth. You demand everyone else be accountable but you yourself refuse to be accountable for what you have been saying. Prove your statements or admit you were lying.
Jake,
You are ridiculous.
Prove I didnt prove my statements.
Back up your statements about me with facts and links.
Logic – I asked you to back up your statements not play word games. Now you are trying to take the spotlight off of yourself because you got caught. lying. It is easy to say you are lying because you haven’t backed up your statements. There you go. Back up your statements or you are a liar.
Jake,
Prove I am lying. Backup your statement.
Logic – You are playing word games again and trying to take the spot light off of yourself. You are losing your credibility. You are refusing to back up your statements and by not backing up your statements, means you are lying. You have had many chances to do that. You are lying. So back up your statements.
Jake,
You are trying to take the spotlight off your ignorance.
You are talking off the top of your head and lying when you say I am lying or that I didnt back up my statements.
Prove your statements or you are lying.
Jake,
The commenter, Logic, has no credibility. He/she/it lost that with the words “They broke a half dozen laws”. Having him/her/it back up his/hers/its claims is like asking Alvin to prove he can pick off a target at 1000 yards. It ain’t gonna happen.
Logic – Again, your ego is proving you a liar. I asked you to back up your statements and you have refused. You are lying and you have become a coward trying to take the spotlight off of yourself instead of making yourself accountable. Prove your statements.
Thirtyonebravo – I understand what you are saying. I couldn’t find a half a dozen laws they supposedly broke or how they broke their oaths. It gets tiresome to listen to someone make all of these claims and then not back anything up. When I asked I get a song and dance. Especially when Logic tries to come off as such an authority figure. He’s not.
31b,
I thought I told you to shut up. Respect my authority.
I listed 6 crimes. Knock yourself out Sheriff Coltrane.
You all keep asking me to prove something or backup something.
There is nothing to prove or backup. You are all just so ignorant you dont even understand what you asking for.
Jake,
I am sure there is a disney forum somewhere where your level of intellect would be more compatible.
You thinking a bunch of supposed cops asking on your behalf for something that none of you are even knowledgeable enough to properly articulate is somehow helping you or them is laughable to say the least.
Back up your facts. And prove your statement are not legitimate requests when you dont even understand my statement. What am I supposed to back up? That you are all criminally stupid?
2010 Tennessee Code
Title 39 – Criminal Offenses
Chapter 13 – Offenses Against Person
Part 1 – Assaultive Offenses
39-13-101 – Assault.
39-13-101. Assault.
(a) A person commits assault who:
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
2010 Tennessee Code
Title 39 – Criminal Offenses
Chapter 13 – Offenses Against Person
Part 1 – Assaultive Offenses
39-13-102 – Aggravated assault.
39-13-102. Aggravated assault.
(a) A person commits aggravated assault who:
(1) Intentionally or knowingly commits an assault as defined in § 39-13-101 and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon; or
(2) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon.
2010 Tennessee Code
Title 39 – Criminal Offenses
Chapter 13 – Offenses Against Person
Part 1 – Assaultive Offenses
39-13-103 – Reckless endangerment.
39-13-103. Reckless endangerment.
(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.
(b) Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony.
18 U.S. Code § 242 – Deprivation of rights under color of law
US Code
Notes
Updates
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Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire,
Oh RD,
They arent interested in facts.
They think whining in post after post for me to prove something they cant even articulate means they are right because they are too stupid to take the list of crimes I gave them and plug them into the database I provided.
Yes, I said it. Too stupid.
Like I said you dont get to be stupid on my dime cops.
I really dislike having to spoonfeed idiot cops criminal code.
They will now just turn around and oh so cleverly (sarcasm) ask you to prove your statement and show how you would argue the case in court.
Oh and prove that he was brought up on these charges since the article doesnt say that.
They cant understand that one can actually commit a crime and not be indicted for it.
They seem to think because they get away with commiting these crimes they arent really crimes. On the books crimes.
Like I said too stupid.
18 U.S. Code § 175 – Prohibitions with respect to biological weapons
US Code
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(a) In General.— Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same,
Oh and you brilliant hero super cops. and Jake….
These are crimes in all 50 states.
Why anyone had to prove this to you or back it up is asinine.
Learn to look shit up yourself.
I am not the Complete Idiots Guide to Law, the Internet, Math, reading and comprehension skills,…..
RD was generous enough to spoonfeed you so you should thank him.
18 U.S. Code § 2340 – Definitions
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As used in this chapter—
(1)“torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2)“severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A)the intentional infliction or threatened infliction of severe physical pain or suffering;
(B)the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C)the threat of imminent death; or
(D)the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
(3)“United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
I remember when the torture scandal was happening the neo cons were saying waterboarding wasn’t “torture” as it’s defined under international treaty, maybe that’s what Common Sense was thinking of saying this didn’t meet the “legal definition” of torture?
RD,
Commen Sense, 31b JQP qnd.Jake have no idea what they were saying or thinking because they were completely over their head on thus discussion.
So they started.whining for me to prove something they couldnt even explain what they wanted me.to prove or back up with facts.
I mean what actual.thinking person would ask.someone.else.to.prove the statement that they could have been.charged with the crimes I listed.
Even a second grader understands what Assault means.
And then we had supposed.cops not understanding Violation of Oath??
They truly are an example of why the cops have to be stopped because they are too.stupid to.understand even the most basic concept of the legal system.
And if they even come.back and say they did.understand I will call bull shit.
RD,
Yeah I wouldnt argue torture here with the pepper spraying as it would be a hard sale. But the other crimes wouldnt be that.tough if.the system wasnt so biased against prosecuting cops. And jurors. werent all Jake C clones.
At that time, it didn’t. See, that why its important to vote.
The statute(s) still don’t fit. There was no “injury” apart from temporary discomfort. See the statute’s definition about what “injury” is. Its certainly not “aggravated assault” as no “serious” injury occurred and pepper isn’t a “deadly weapon” by definition. Is not even “simple assault” as “…it involves only minor bodily injury like a cut, scrape, or bruise.” and that didn’t happen either. I guess one could argue the temporary discomfort of cayenne pepper might be able to be proven to a jury, but I wouldn’t hedge a bet on it. And its not “reckless” anything as again, no serious injury took place.
…and really RD? Biological weapons?
This is why detail matters. You can run around and scream but until you have all the elements met, you have no crime, no indictment and then, you still have to win by a burden of proof at trial. This is the same for everyone.
Cagney,
You dont have to have actually hurt a person to be guilty of assault.
Can you read?
Am I the only one disgusted with all these cops deciding what is a crime and what is not based purely on their very limited knowledge of the law?
They think they can abuse you because there is a law that allows it??
They think they can arrest you for non-existant crimes like for not rolling down your window further, or refusing to speak to them, or because you know your 4th amendment rights??
They dont understand even basic criminal code and think they are the judge of what is indictable or convictable??
Really they dont think they are super cops, they think they are constituitonal law scholars, District Attorneys and jurors.
Amazing.
Logic – You continue to play this word game when all I asked you to do was back up your statements. Your statements are assumptions without truth. You continue to play this game thinking you can turn it back around to me. You can’t. You made a lot of claims and assumptions that you cannot back up. You claim to be so great at law and math ect… Obviously you aren’t. You are proving you are a liar and a scammer. You would sooner go down for the wrong reasons then actually post the real truth. That makes you a coward. You are running away from the truth. Prove your statements liar. There is no reason why anyone should believe you. Prove your statements, Just answer my questions. You said the officers broke a half a dozen laws and violated their oath. There is nothing in any article I have read to substantiate your statements. So you must know where those articles are or you made it all up. Prove your statements.
http://disinfo.com/2011/11/pepper-spray-is-harmful-torturously-painful-and-can-be-deadly/
If cops have killed 70+ people w/ pepper spray how is it not a deadly weapon?
I hope it is now obvious certain was right about Jake C. He is the return of JF123. Trying to fly under the radar so he doesn’t get banned again.
18 U.S. Code § 178 – Definitions
(2)the term “toxin” means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—
(A)any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B)any poisonous isomer or biological product, homolog, or derivative of such a substance;
(3)the term “delivery system” means—
(A)any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
(B)any vector;
(4)the term “vector” means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and
Is pepper a “plant”? Is a plant a “living organism”? Is pepper spray derrived from peppers, or is it a “synthesized molecule” that “may be engineered as a result of biotechnology?” Is it
a poisonous isomer or biological product, homolog, or derivative of such a substance?
RadicalDude – What is this JF 123? I’m using my real name. How about you? I am here because I see people who are making false statements and off the cuff comments that have no real proof behind those statements. I call them on it and obviously that threatens you and some others. I guess you like to be lied to. I don’t. So, I am going to have to ask you to prove I am JF 123. It doesn’t sound like you really know what you are talking about.
Does the pepper spray employ a propellant as part of its system to deliver/ disseminate a toxin?
Logic,
Where are those cookies?
K maybe I am wrong but I doubt it Jake. I just get the sense you are just itching to roll out the bestiality content but you’re trying to keep a lid on the obscenity so Ademo doesn’t kick you off. The site recently switched its format and I think you took the opportunity to test the waters under a new name. At first, you were real slick, but the trolling is obvious at this point.
RD,
Keep trying, maybe someone from a state or three-letter agency will listen. I doubt it, but you can always hope.
Jake,
I have humored you and your ignorance long enough.
You strike me as some 65 year old grandmother who barely passed 8th grade.
Wait that is being generous because 8th grade way back.then was probably equivalent to todays HS graduate.
Let me.change.that to barely passed 4th grade.
I believe Jake is the name of your grandson who is a cop and you a proud of him and you think you are helping him by coming to a site to debate that all.cops are heroes.
Sadly though you cant form a cohesive thought much less put it into writing.
So why dont you go play with your other grandkids and every once in a while remind your cop grandson Jake that he doesnt.have to beat someone to be a hero cop.
Oh and try reading something other than the articles posted on this website. You look even more mentally deficient than the average 4th grader when you keep whining about what you didnt read at the top of the page thus pointing out you never read anything else.
Oh I doubt it would ever be prosecuted as such, but from the plain language of the statute, pepper spray is a “biological weapon”.
RD anf Certain,
Been doing some GoogleFu and it appears the statement “talking off the top of your head” and “prove your state or you are lying ” were common phrases used by a poster named Slappy and another name Jason Free 123.
Both their posting habits appear to be complete illogical nonsense filled with expletives and other lovely conversation.
Logic – Thank you for proving my point. You are a liar. You can’t back up your statements and you have failed to even try. You are a liar and a coward. Your rant means nothing. It’s just a rant. Your inability to proved proof to you statements, proves you are a liar and you are a coward. I’m sure there are others who feel the same way. You aren’t as smart as you think you are or you would have proven your statements a long time ago and with out hesitation.
RadicalDude – Bestiality? Are you completely serious? I choose to stand up for what I believe in and this is how you respond? Wow, This really shows a lot of unintelligent thinking. First Logic makes statements he cannot prove so I call him on it and all of a sudden I’m the bad guy. I take it back. You two aren’t cowards or liars. You two are little children who haven’t learned how to grow up and act like adults. If you consider yourself a representative of what these activists are trying to do on this site, Then there is truly no hope for them. The articles I have read seem to point to the freedom of speech and what it means. I guess you don’t know what it means. I’ll let you two children continue playing. You continue to make up statements that you cannot prove and lie to everyone just make people believe you are a big shot. It isn’t working. I am calling you out on the board to prove your statements. You two may enjoy lying to each other but I won’t tolerate it.
Hey Slappy or Jason Free or Jake’s Granny.
Provity prove prove proof.
The previous sentence makes as much sense as any if yours.
Oooh RD,
Jake’s Granny is about to prolapse her uterus and soak her Depends over us.
Stacie,
I get exposed to OC spray – voluntarily – once a year. It’s really uncomfortable but that’s it.
31b,
Boxers get punched all the time and it might be uncomfortable but that’s all.
So that means your fist isnt a weapon and using it isnt assault by your reasoning.
Good to know everyone can pepper spray a cop and they wont expect to be charged.
Thanks for clearing that up.
The thing about OC Spray and being punched in the face is that the discomfort from OC spray is very momentary compared to getting punched in the face and having bones broken.
Your analogy is flawed for that reason.
31b,
Your logic is flawed because rarely are any bones broken during a boxing match.
And rarely do any cops get seriously injured during OC training.
Its your logic, not mine.
31b,
But you agree with the momentary discomfort of pepper spray that I can legally spray a cop (he has been trained to take it after all) and no crime has been committed.
Logic,
You fail to take into account the other injuries sustained by boxers. There are brain injuries, broken noses, eye sockets, cheeks, jaws, permanent damage to the eyes, ears, wrists, fingers…
And with OC Spray? Your eyes burn, your mucous membranes are irritated and you may have a little problem with some nausea and coughing.
It is YOUR analogy. Not mine.
31b,
No, you said it was uncomfortable thats all and during training.
You werent talking about when you were restrained with a mask on your face that already restricts your mouth and there isnt bottles of water to pour over your face. and you cant bend forward to let the snot run out your nose rather than down your throat. And when you arent prepared for it.
You were talking about very controlled use.
Just like a regulated boxing match.
So if isnt a crime because it isnt that bad then no cop should ever care if he is sprayed in the face.
31b,
This man (above) was sprayed with Freeze-p the report.
Information per the MSDS
SECTION V: HEALTH HAZARD DATA
PRIMARY ROUTE(S) OF ENTRY: Dermal, Inhalation, Eyes
EMERGENCY AND FIRST AID PROCEDURE:
EYES: Flush eyes with large quantities of water to speed recovery. Face subject into wind or forced air source such as fans or air conditioning outlet. Wash face with mild soap
SKIN CONTACT: Remove contaminated clothing. Wash affected area with soap and water to avoid transfer to more sensitive areas. Burning sensation with skin contact in most areas. Use no creams or salves. Persons with preexisting skin disorders be more susceptible to the effects of this agent.
INHALATION: Irritant, stimulation of facial nerves causes feeling of restricted airway. No danger exists for asphyxiation. Remove persons to fresh air.
INGESTION: Severe burning heartburn sensation cause nausea. Seek medical attention if nausea persists.
PHYSIOLOGICAL EFFECTS AND HEALTH INFORMATION
EYE EFFECTS: This product is an eye irritant, Tearing and redness of the eyes will occur. Flush with water lifting upper and lower lids occasionally.
This man was still in the restraint chair ONE HOUR and Twenty Five minutes AFTER the nurse saw him. So I dont see he how he could have been washed down properly per the MSDS.
I am also trying to figure out how long after the spray before the nurse came.
Of course you’re just cherry picking that information. Here’s the rest that actually pertains to our topic…
SECTION X: Hazardous Material Identification System
HEALTH
0-No Significant Health Risk
1-Irritation or Minor Reversible Injury Possible
2-Temporary or Minor Injury Occur
3-Major Injury Likely Unless Prompt Action is Taken and Medical Treatment is Given
4-Life Threatening; Major Permanent Damage Result from Single or Repeated Exposures
FLAMMABILITY
0-Materials Will Not Burn
1-Flash Point Above 200O F
2-Flash Point Above 100O F below 200O F
3-Flash Point Between 73O F and 100O F
4-Flash Point Below 73O F
PHYSICAL HAZARD
0-Material that are normally stable even under fire conditions and will not react with water.
1-Material that are normally stable but can become unstable (self-react) at high temperatures and pressures; react non violently with water to undergo hazardous polymerization in the absence of inhibitions.
2-Materials that are unstable; react violently with water and undergo violent chemical changes with low risk for explosion.
3-Materials that for explosive mixtures with water or undergo other chemical change at normal temperatures.
4-Materials capable of explosive water reaction, decomposition or polymerization.
Freeze +P H.M.I.S.
Health: 1
Flammability: 1
Physical Hazard: 0
So there you have it… Irritation or minor reversible injury.
http://www.aerko.com/FreezeMSDS.htm
31b,
No I was showing how the manufacturer advises you medically treat someone who has been sprayed.
That is all that mattered to this discussion because you in your training DID RECIEVE an eye flush and were allowed to get.fresh air and remove your shirt if needed, etc…
This man could.not have had the same treatment as he was in the restraints for at least another hour and twenty five minutes.
But that is okay because you have said it doesnt matter to be sprayed so now all citizens can spray cops with no threat of criminal charges.
BTW YOUR LITTLE.CUT AND PASTE DID INDICATE INJURY POSSIBLE. SO IT IS ASSAULT WITH INJURY.
its possible. but the moral of the story is do your time quietly and none of it would have happened. end of story.
31b,
But can I or can I not pepper spray a cop and be assured I wont face any charges?
Yes, I am sure there are times pepper spray comes in very handy as a police tool.
I have pepper spray in my vehicles.
But one cant say it isnt assault just because a police officer did it or because that police officer didnt think it was that bad when he had it done to him.
The assault comes when the officer didnt have a reason to use it and did.
of course not. don’t be silly.
Lol
Just wanted to be clear and all.
31B,
I used to eat jalapenos as snacks and habeneros for the thrill (sorry for the lack of tildes). Friends of mine would run screaming after the jalapenos. Just because it affects you uncomfortably doesn’t mean it doesn’t affect others seriously. Asthmatics for example. Went through this with a guy on the dive tables, he just couldn’t understand why he could push them but other people would end up in a hyperbaric chamber.
For anyone with COPD or asthma (cue in the Spiriva commercial), irritation of mucous membranes could be a real problem.
I’ve written MSDSs. These ratings are always about the degree of exposure and the length of exposure. In this case, just to get your experience on track, were you soaked and did you leave it on for 45-90 minutes? Or were you sprayed, then washed off 2-5 minutes later? I’m not attacking you, I just don’t know that you’re comparing apples to apples.
Just to hammer it home, I’ve never seen a cop tasered that didn’t have one or two cops there to catch him, and at least a mat or grass to break the fall if the backup fails. I’ve never seen a cop tasered that was allowed to fall face first or head back onto asphalt or concrete, nor have I seen a cop that was subjected to 3-5 5 to 15 second bursts. Nor have a read a cop saying that he was. You can’t compare it to real world. Though it still hurts like hell.
31B,
“but the moral of the story is do your time quietly and none of it would have happened.” So whatever happens is because you didn’t do your time quietly? You know my point, a moral society puts limitations on police actions even when dealing with people who don’t do their time quietly. The moral of the story is that the deputy was reprimanded for ” “Dispropotionate(sic) Use of Force”, so what happened can’t be laid to your “but the moral of the story…”.
The sic was for JQP. Helping people on the way to improvement is such a joy.
Logic – Again you continue to fail. I asked you to produce real evidence to support your claims and all you do is come back this childish rants. Now you have even more to prove. Prove I am “slappy” or anyone else for that matter. I have caught you in more lies. It’s sad that you consider yourself a representative of activists when you refuse to back up your statements. Maybe that is why you are on this board and not anywhere else. The more lies you spread the more damage you do to activists. Obviously activists don’t communicate with other activists very well because here you are making claims that never happened. I have asked you a number of times to prove your statements and now you go for the name calling game and trying to control the conversation. You are a failure. You are a liar and a coward. Prove me wrong.
Jake’s Granny,
prove you arent Jason Free and slappy.
Prove you have an IQ above 70.
You do realize you have never contributed anything worthwhile to any conversation…..
Logic- You are obviously a fake. You have proven you are a liar and a coward. Thanks for proving my point about activists. Keep the lies coming, I love the laughs. It must be difficult for you to have to lie to everyone to get noticed or to think you are such a smart guy. You aren’t You continue to lie. I use my real name. What is your excuse? You made the comments why don’t you prove I am not who I say I am. Oh wait, you can’t because you are lying again. Sounds like you are in an endless circle of lies. Sounds like you like the attention you get out of it. I wouldn’t want to be known for the facts I back up. You obviously like to be known for being a liar. OK liar. If that is how you want it. You are a liar and a coward. Congratulations. Most children growing up want to make something of themselves but you must have said you wanted to be a liar. I’m sure I will see you on other posts lying nonstop and you again will be caught in your multiple lies but you seem to enjoy making an ass out of yourself. Good job liar.
Mutton Balls,
You would be funny if you werent just so stupid and sad.
Are you being sponsored a dime for every time you use the word liar or a variant thereof?
Give me a big kiss Granny and go knit a sweater.
Logic – Congratulations. You have now graduated to name calling because you are scared and backed into a corner. Again you continue to prove you are a liar and a coward. Good job.
Granny,
Yes, the difference between you and me is I have graduated.
Very good, here’s your cookie.
Logic liar – You continue your lies and deceit and I will continue to call you on it. I’ve seen people like you come and go. You are someone who hides behind a keyboard with very little information and when someone catches you in a lie, you try to twist the real truth around because you cannot back up your lies. It will continue to snowball on you. You are a true coward and a true liar. I don’t see many people like you even with activists. Some activists have integrity. You don’t. I believe you are just skating on the very far side of activism because you aren’t accepted as an activist with these people. Keep the lies coming coward.
Jake Jake Jake,
You have seen people like me come and go?
From where?
From this website?
The website Jake C first showed up on a couple weeks ago?
No, Slappy and Jason Free 123 came and went. You saw that first hand and then showed up as Jake C.
Logic – Again, you are lying. I see people like you coming and going on other websites. I didn’t know I had to be so specific with you. Again, you have refused to back up your statements and that makes you a liar. Prove I’m not Jake. Why are you hiding behind a false name? You are just a small time coward making big time lies.
How very sad for you.
Glenny,
Why don’t you find a new shtick.
Liar Logic – It fits you because that is what you are.
Glen/Slappy/Jake has declared I am a Liar.
I am flattered. Afterall Glenny Boy’s thought processes are so refined.
“Logic says:
February 1, 2014 at 7:41 pm
RD anf Certain,
Been doing some GoogleFu and it appears the statement “talking off the top of your head” and “prove your state or you are lying ” were common phrases used by a poster named Slappy and another name Jason Free 123.
Both their posting habits appear to be complete illogical nonsense filled with expletives and other lovely conversation.
”
Yeah, pretty sure Jake C is JF 123/slappy/Adam Miller/
RD,
Yeah he recognizes the name Glenny too, though it shocked him when I used it because he knows he hasn’t used it on here. So now he knows I have tracked him beyond this forum. ;-)
Hadn’t pieced.together the Adam Miller yet, so thanks. Was he also streetcop once?