Patterico's Pontifications

11/16/2006

Excellent Column on LAPD Punching Video

Filed under: Current Events,Dog Trainer,General — Patterico @ 12:01 am



There is an excellent column in the L.A. Daily News about that LAPD video depicting an officer punching a suspect. I’m tempted to just quote it all, but of course I can’t do that. I’ll give you a generous slice of the beginning and hope it motivates you to read the rest:

THE Hollywood Division LAPD officers “caught on tape” provide the latest example of public outrage over police use of force. The increasing proliferation of video cameras guarantees that more and more police incidents will be captured. So it seems useful to provide some context about how such incidents are analyzed.

For the past 17 years, I’ve worked as an expert witness on civil and criminal use-of-force cases around this country, usually in favor of the police, sometimes not, sometimes with video, sometimes not.

The truth almost always lies deeper than the video.

When all the facts are included, there are a few glaringly obvious facts about this video.

First of all, there is not just one video. There are three videos of this incident posted on YouTube. One is 19 seconds long. One is five seconds long. One is one second short. They each capture a different part of the incident.

The videos were captured via someone’s cell-phone camcorder. You should wonder (I do) about why the two shorter videos published on YouTube are so short. And you should wonder why the longer video suddenly stopped just as the suspect’s right hand was approaching the gun holster of one of the officers.

Were the videos edited to someone’s advantage? Or was it just the luck of the draw and the vagaries of an amateur pushing buttons on the cell phone?

Second, newspapers have published excerpts of the officers’ own report of the arrest, in which they admit hitting the suspect in the head after describing the suspect’s alleged resistance to arrest. It’s very clear watching these videos that the officers are attempting to handcuff the suspect (one cuff is already on one wrist), but the suspect is not allowing that to happen.

Third, it is very interesting that the court commissioner who looked at the video (which was taken back in August) refused to dismiss the criminal case against the suspect. According to news reports, the commissioner said, “The issue here is not whether the officers had to use force. The question is whether or not the defendant used force in resisting the lawful arrest, and I find that he did resist, using force.”

As I did the other day, the writer goes on to discuss the applicable case of Graham v. Connor and the principles by which courts would analyze the use of force. The author concludes:

Los Angeles Police Chief William Bratton and Mayor Antonio Villaraigosa are right to express concern about the Hollywood incident because it’s obviously of concern to the public. But they are also right to withhold judgment until the various investigations play out.

The public – and the media – would do well to listen to them.

Very well said, with one quibble: I don’t agree with Bratton’s decision to publicly state that the video was “disturbing.” I’d rather see more withholding of judgment and less spouting off.

Read it all. The L.A. Times should run something like this.

5 Responses to “Excellent Column on LAPD Punching Video”

  1. Definitely an article I can say that I agree with every word without exception and every inference made with each word. I even agree with the withholding judgement part and letting investigations play out, a point I made on this blog.

    In short, the writer is the anti-Leviticus.

    Christoph (9824e6)

  2. It was still a stupid move on the cops’ part. Get him pinned and get help over there. If you have to hit him, hit him in the gut. That gets a fellow’s attention.

    And what happened to their batons? Why weren’t they applied?

    We need to get serious about teaching our police officers how to take a panicked man down.

    Alan Kellogg (8d0768)

  3. I certainly agree that withholding judgment and letting investigations is always prudent. I find it hard to believe that punching a suspect in the face is a proper way to get a suspect to submit to handcuffs? By proper, I mean, according to the rules of force in the LAPD manual.

    Patterico, do you (or any of your readers) know the specific guidelines on use of force for LAPD officers subduing a suspect who, although not submitting to handcuffs, is not attacking the officers?

    And Alan, if I remember correctly, the last time the LAPD was caught on tape using batons to subdue a suspect resisting arrest the town rioted for a few days after their state acquittal and some of the officers wound up in jail on federal charges.

    Why can’t we all just get along?

    ThreeSheets (b97425)

  4. Threesheets,

    Who said you had to hit ’em with the baton?

    Alan Kellogg (e464bb)

  5. One of those cops is my brother in law and i can tell you it doesnt matter what you think you see when you havent seen the whole picture. Why didnt they use batons? They used pepper spray…didnt see that did you? Theres two things in this world you dont do, stick your wet finger in a light socket and dont run from the cops! This guy was wanted on a fta warrant for a felony involving stolen guns. the first thing a cop needs to do is to protect themselves so they can go home every night. You need to see this through their eyes. You see a known felon sitting on a curb drinking a beer and as soon as you get out of your car he bolts away from you. You chase him down he refuses to give you his hands, you pepper him, still no cooperation, does he have a gun on him? His hand is veering towards your pardners holster, is he trying to reach it? You get the idea. This kid got what he deserved. It is what it is.

    Scott grey (e388f9)


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