Tuesday, August 17, 2010
Michael DeHerrera: Police Brutality PART 2 .... What is "Excessive Force"? and filing an "Inaccurate Police Report"? ...
This will be Part 2 of another series called "Police Brutality" (Part 1 here) . And this part will be the case of the assault on Mr. Michael DeHerrera, who was a bystander during an arrest of his friend Mr.Shawn Johnson (a harsh arrest at that) who was accused/ charged with using a women's restroom to relieve himself in a Downtown Denver nightclub.
CNN: Police beatdown caught on camera ... Thanx to CNN
I also want to point out that this series is not to try to trash law enforcement ... but to record the reality of questionable force and technique's, and I will NOT post anything that is "borderline" and not "clearly" excessive force and/ or brutality, or where treatment of all parties were fairly in line, by our standard's in our democracy. We pride ourselves on what we value as justice in our nation, and boast of how fair we are, to set an example for other's around the globe ... these action's do not represent what American democracy is about, but rather, the action's one would expect in some 3rd world country, or other area that does not value much amount fairness and justice.
Denver's Manager of Safety after reviewing this case see's "no" evidence of "excessive force"? After reviewing this tape alone ... I cant see how you could come to that conclusion, what is "excessive force" then? ... when the victim dies like in the BART shooting (Oakland/ Bay area) , where they shackled a young man and one officer holding him in place, and the other executing him, standing over the victim at point blank range? Or do you have to get paralyzed from the neck down for life to be a victim? This officer who clearly assaulted Mr. DeHerrera is suspended for a few day's, and for not the assault, but because he filed an inaccurate police report? And is not filing an inaccurate report for any citizen/ civil servant with police/ law enforcement across this nation not a "criminal offense"? Even if they say during these minimal suspension's that it is without pay ... dont be fooled ... what they dont tell you is the officer uses sick or vacation leave to cover the pay. The officer who commited this offense claim's that the victim swung in motion to the left as to get ready to hit the officer, and had a closed fist visible? Mr. DeHerrera clearly moved to the right of the approaching officer, and the only "fist" was his hand closed, using it to rest his elbow, as most do, when he was talking on the phone. That is far from inaccurate ... and just an outright lie, and in a court setting or especially this case being an officer, since an officer is "alway's" under "oath", not just in the court ... this is another criminal offense of "perjury" ... and of course the charge of assault was declined as well.
This officer in my opinion, heard what Mr.DeHerrera was saying on the phone, had no idea Mr.DeHerrera's father was in law enforcement most likely ... and heard him saying that an assault was going down by officer's, got pissed, and attacked Mr.DeHerrera ... even taking the victim to the ground ... there was NO sign of ANY resistance by the victim whatsoever, not even a tad. This is not American ... it is not the way of democracy ... if the role's were reversed ... Mr.DeHerrera would have at least a half dozen charge's against him, half of those low degree felony offenses. The officer should have been fired ... as well as charged with assault, even stripped of any benefit's after. The excuses as to why the officer done this or that dont matter ... it's cut and dry ... if he cant do his job at least halfway decent ... get rid of him and replace him. And I am convinced after reviewing this video time and again that this officer has done this before, probably on young party goer's like this one ... Why? ... because it came too easy for him as if routine.
As long as we keep sympathizing with these misfit's and incompetent officer's who vow to "protect and serve" under oath, and just casually letting them off the hook time and again ... you will see this only increase, due to the current pressure's of society. If you cant cut the mustard ... you need to find another job ... if you go around assaulting folk's in situation's other than defending yourself ... you acted out a criminal offense, and should be charged with such and leave it to the justice of the court's/ people to determine the proper punishment, if any ... that is how democracy and the scale's of justice work in some balance.
As far as Mr.DeHerrera and some advice .... sue the Hell out of them, and maybe they will get the their act together! ... not just for yourself ... but for your country.
Enough said ....