Archive for the ‘Cops’ Category

We don’t need no education…

Thursday, December 8th, 2016

Hoping to reduce violent confrontations during traffic stops and other encounters with police, an influential Texas senator filed a bill Wednesday to require all public high school freshmen to take a course in how to interact with law officers.

Show your children the classic Chris Rock video, “How To Not Get Your Ass Kicked By the Police”. Problem solved in five minutes. No need for a course. As a public service to those of you who have children, I’ll even embed it here for you.

I’m really about 80% serious when I say that: there’s actually a lot of really sound advice in that video.

And I wouldn’t mind a class that taught “how to interact with law officers”, but I think that should just be part of a larger class. I’d also teach how the DA’s office works and how crimes are prosecuted, how civil court works, and I’d bring in defense attorneys (maybe even someone from the ACLU) to go over what your rights as a suspect are. I almost want to say that they used to call this “Civics”.

But I’d probably teach this as part of a larger year-long class for high school students which I’ve been calling “S–t You Need To Know”. I’d also want to cover things like basic car maintenance (how to check fluid levels and change a flat), basic gun safety, strategies for avoiding being a crime victim, statistical fallacies and how to recognize them, bad science and how to recognize it…there’s a whole bunch of things that I think graduating seniors need to know, but aren’t getting taught unless they have exceptional parents.

Feel free to leave your proposed curriculum item in the comments.

Memo from the police beat.

Friday, December 2nd, 2016

The APD officer who shot and killed a naked 17-year-old earlier this year, and who was fired by Chief Acevedo, has settled with the city.

Basically, what’s going to happen is that:

  • The arbitration process stops. So the officer won’t get his job back.
  • His firing gets reclassified as “a general discharge”. In theory, this means that he could get a job in law enforcement somewhere else. At least, according to the Statesman.
  • The fired officer gets $35,000. That seems kind of low to me, even if his lawyers aren’t getting a percentage.

Why settle, though? Well, the city may have felt like $35,000 was a cheap price to pay not to go through the hassle. And what if…

The public arbitration process would have held the fatal police shooting in the headlines for several days with hearings throughout next week. It also would have forced Mayor Steve Adler to testify in the hearing after Freeman’s attorney subpoenaed him.

So you get the mayor, you probably get Acevedo, maybe you get Chief Manley (no idea how involved he was in the decision making…

…and I hate to play the “I know more than you do” card, but I’ve heard some things through the grapevine that indicate the arbitration hearing could have gotten complicated and possibly embarrassing for some of the parties involved. The circumstances under which I heard this make me uncomfortable going into detail, but let’s just say: it seems like there was a chance (and not a “Chicago Cubs winning the World Series” chance; oh, wait, never mind) that the chief’s decision could have been overturned, and the fired officer placed back on the force.

It would have been interesting to see how that played out: does the APD need two people on pager duty? (Actually, by now, that guy would have 29 or 30 years in: he’s probably retired and collecting at least 76% of $98,000 a year, if not more and if I remember my APD pension math right.)

Art (Acevedo), damn it! watch. (#AD of a series)

Thursday, December 1st, 2016

Chief Acevedo’s last day on the job was Tuesday. Yesterday, he was officially confirmed as Houston’s police chief, and takes over today.

Before he left, Chief Acevedo did an “exit interview” with the Statesman. It is fairly short, but there’s one interesting quote that I’ll pull:

The (closure of the police) DNA lab really bothers me. I wish that we wouldn’t be here today where we’ve had to shut it down for so many months because our scientists decided to go onto an island to themselves. The lab is not reopened, and it probably won’t be open until early next year, so that’s the one thing I kind of leave undone, understanding that the work never ends.”

Why is this interesting? Well, there’s a story that came out in the past day or so. Seems like the DNA lab had a problem with a freezer that wasn’t working.

The lab subscribes to a service that is supposed to alert staff when a freezer gets too warm, but because that system failed, officials said the samples were at an improper temperature for eight days — instead of a few hours.

This is the kind of thing that could compromise the integrity of the stored evidence. So what did the lab do about it?

… they decided to keep mum. They alerted no one outside the lab — not investigators, prosecutors, defense attorneys or judges.
“If, in the future, the laboratory determines that a sample has been affected by this incident, the customer will be notified,” interim DNA technical leader Diana Morales wrote in a March 16 letter to her bosses.

That’s…not good, in my opinion. I might even go so far as to say:

Noted.

Wednesday, November 30th, 2016

The conviction of John Dwayne Bunn for the killing of Rolando Neischer, an off-duty corrections officer, has been overturned.

In 1991, Mr. Bunn, then 14, was arrested on charges of killing Rolando Neischer in the Kingsborough housing project in the Crown Heights neighborhood. According to trial testimony, two men on bicycles had approached a parked car in which Mr. Neischer was sitting with another officer, Robert E. Crosson, and ordered them to get out. A gun battle followed and Mr. Neischer was fatally wounded. Mr. Crosson, who was shot and wounded in the fight, survived and eventually identified Mr. Bunn and a second man, Rosean S. Hargrave, as the gunmen. Both men were later convicted of Mr. Neischer’s murder.

Why was the conviction overturned?

…the judge wrote that his “malfeasance in fabricating false identification evidence gravely undermines the evidence that convicted the defendants in this case.”

And who is the judge referring to here? Our old friend Louis Scarcella.

Art (Acevedo), damn it! watch. (#AC of a series)

Thursday, November 17th, 2016

I don’t think this is going to be the last one, but we may be nearing the end.

Austin police Chief Art Acevedo is expected to be named Houston’s police chief, a source told the American-Statesman early Thursday, ending a 9 ½-year tenure that has made him one of Austin’s most visible figures while presiding in a time that ushered both progress and setbacks in relations between law enforcement and the community.

I have reservations, given that this is so far just “a source” said and there’s been no official announcement. Also, if he is taking the Houston job, I may want to continue the Art watch: it isn’t like he’s going to be on the other side of the world…

If this does become official, I’ll throw an update in.

Edited to add: The HouChron is quoting Mayor Adler as making it official.

Appearing comfortable before the cameras when Austin crime made national headlines, he became a national face for Texas’ capital city and in recent years had been mentioned as a candidate to head several other law-enforcement agencies – for the head of Immigrations and Customs Enforcement, as a finalist for police chief in Dallas and San Antonio.

Yeah. I had a theory (which was poo-pooed by others) that if Clinton won, he’d be moving to some sort of government position in homeland security. I guess I wasn’t too far off after all.

Edited to add 2: official statement by the Chief. (Hattip: RoadRich.)

Short notes on film: October 30, 2016.

Sunday, October 30th, 2016

Since we’re talking about movies anyway, I’d like to make another recommendation. And this one won’t cost you anything.

Last Saturday, it was just Lawrence and I for movie night, and we didn’t want to burn “John Carpenter’s The Thing” with just the two of us there. We had trouble settling on something to watch. We tried “The Architects of Fear” episode of “The Outer Limits”, but neither of us could really get into the episode: it seemed too talky and too relationship oriented, and we turned it off after about 10 minutes. (Also, man, they, like, totally ripped that plot off from “Watchmen”, right?)

We tried watching David Cronenberg’s first movie, “Stereo” (which is on the Criterion disc of “Scanners”) and that was one hot pretentious mess. I think we also made it about 10 minutes into that as well.

We ended up watching, for our feature presentation, a movie I’ve been wanting to see, but which may not technically qualify for Halloween viewing. It is kind of creepy, and falls into the category of “film noir”, so if you’re willing to extend Halloween creepy to noir…(says the guy who has gone in costume as Sam Spade, complete with Maltese Falcon).

The movie in question is 1948’s “He Walked By Night” directed by some guy named Alfred L. Werker (who was supposedly either “assisted by” or “fired from the film and had it taken over by” Anthony “fired from ‘Spartacus'” Mann).

Richard Basehart – excuse me – “Richard Basehart!” – is a burglar specializing in thefts of electronics. At the start of the movie, he shoots and ends up killing a police officer, triggering a massive manhunt by the LAPD. The police lure him into a trap at one point, but he shoots his way out (leaving another police officer paralyzed). The LAPD continues to pursue him, but things are complicated by the fact that he has no criminal record, changes his methods to throw off the police, and almost seems to be one step ahead of them…like he was a former police officer or something.

(Possible spoilers ahead.)

This is often cited as a hugely influential noir film. It is a little stagey (but it was also 1948) and there’s a lot of stuff in it that feels today like clichés. (“I’m taking you off the case because you’re too close to it!”) The thing is, those weren’t clichés in 1948: this is one of the origin points for a lot of what you see in later noir films and procedurals well into today.

A very young (and very thin) Jack Webb plays a police lab technician:

(“You will believe a man can use a slide projector!”) There’s an interesting story behind that: while he was working on this movie, Webb became friends with LAPD Detective Sergeant Marty Wynn, who was working as a technical advisor on the film. One thing led to another, and, well…Webb and Wynn’s friendship and discussions ultimately led to the creation of “Dragnet” (which shares a lot of DNA with this movie.)

Even with all the staginess and talking, this is, in my opinion, a remarkably compelling movie. It is short (one hour nineteen minutes) but something is going on in almost every frame to advance the plot. And there’s also a feeling of some real stakes at play here: any of the good guys (or an innocent bystander) could get killed at any minute. As Ivan G Shreve Jr. notes in his writeup at “Thrilling Days of Yesteryear”:

The unwritten law of the men in blue is there is nothing more dangerous than a cop killer; after all, if someone is crazy enough to shoot a cop, he’s liable to inflict even more grievous injury on an innocent member of the public.

There’s also a lot of really good cinematography: the use of underlighting and shadows to convey a sense of danger and dread is top-notch. And the crime is broken somewhat by lab work (Jack Webb’s role isn’t trivial), but more so by dogged, unrelenting police footwork.

The movie is actually based on a real incident, the Erwin “Machine Gun” Walker case, and it is surprising how closely it sticks to the facts. Walker, like Basehart’s protagonist, was an electronics expert who stole to finance his experimentation. He carried around homemade nitroglycerin that he’d carefully desensitized (to make it safer to transport) had a pretty extensive arsenal (mostly stolen from military armories), experimented with making his own fake driver’s licenses and license plates, and he had worked before WWII as a police dispatcher/radio operator.

There are a few small deviations from historical fact, and one omission: Walker shot and wounded the two LAPD detectives first, the police officer he killed was a highway patrolman (not an LAPD officer), and Walker wasn’t gunned down in an LA sewer. Walker was actually captured alive and sentenced to death, though that sentence was never carried out. One thing the movie doesn’t touch on – perhaps it was too early – was that Walker was emotionally disturbed by his wartime experiences: part of the motivation for his crimes was that he wanted to build a radio-based device that would turn metal to powder, use that device to force the governments of the world to raise military pay, and thus make war “too expensive” to be fought.

You can watch “He Walked By Night” on Amazon Video, and there are several DVD editions of it. Interestingly, though, the film is in the public domain in the United States: you can also download it for free from the Internet Archive.

If you like noir films, or Jack Webb, or Richard Basehart, I recommend you do so. I think you will find this movie amply repays your investment of time and bandwidth.

Art (Acevedo), damn it! watch. (#AB of a series)

Thursday, October 20th, 2016

I want to get this up while it is still fresh, but I don’t have as much time to think and write about as I’d like: I’m actually down at the cop shop tonight.

The chief recently had a closed door meeting with his commanders. Apparently, during the meeting, he laid into a few of them about not following his direction, especially with respect to relations with the minority community.

Someone taped the meeting and provided a copy to the Statesman. (Edited to add 10/21: Link fixed. Thanks, Uncle Kenny.)

Quick thoughts, based on a skim of the article:

  • Taping the meeting and giving a copy to the press strikes me as questionable.
  • I don’t see anything really outrageous in what the chief said.

I may have more to say on further reflection.

Art update.

Thursday, October 20th, 2016

The Jerry Orbach Memorial Art Car is funded.

I’m looking forward to getting my bumper stickers.

Questions: which one should I put on? I’m kind of partial to “My child is a honor student…”, but feel free to argue your case in the comments.

And which one should I take off to make room? Right now, I’m thinking: as much as I liked CHeston, and as much of an NRA supporter as I am, the “My President Is Charlton Heston” one is faded almost to the point of being unreadable. It might be time to let go. (And I’ve got window stickers out the wazoo.)

NYPD blues.

Thursday, October 20th, 2016

Quickies:

Bobby Shmurda has been sentenced to seven years in prison. He does not seem to be happy with his legal representation.

(Previously.)

In Quick Response, de Blasio Calls Fatal Shooting of Mentally Ill Woman ‘Unacceptable’

The two men pledged a thorough investigation, and even as the inquiry was still in its earliest stages, the department took disciplinary action against the officer, Sgt. Hugh Barry, stripping him of his gun and badge and placing him on modified duty less than six hours after Ms. Danner was killed.

Sergeant Barry persuaded her to put down a pair of scissors she was holding in her bedroom, according to initial police accounts. But then, according to those same accounts, Ms. Danner picked up a baseball bat and tried to swing at Sergeant Barry. He fired twice, fatally wounding her, the police said. Several other officers were at the scene, but none of them, except Sergeant Barry, were in the bedroom.

I could rant about this at some length, especially the “use a stun gun” part. But that’s already been done better by somebody else.

I love this line, which Tam added since I first read her post:

The use of force spectrum is not like baseball. You do not have to touch every base. If you need to run straight home from second, that’s perfectly legal.

A few notes from the police blotter…

Thursday, September 15th, 2016

…or, in this case, sort of the blotter.

The City of Austin approved a budget for next fiscal year in an 8-2 vote. The approved budget “will charge the typical resident about $87 more in city taxes and fees next year”.

And what will we get for the money?

Next year’s operations include a 2 percent pay increase for city employees, to kick in during the pay period before Christmas. There’s funding for a new curbside composting program, at a cost of $4.2 million to the city and a phased-in cost of $64.80 to homeowners after five years. There’s $600,000 more for housing aimed at reducing homelessness.

But the news isn’t all bad. The city is hiring eight new employees to do DNA testing. (But the lab is relying on grant money and whatever they can scrounge elsewhere to actually get the testing done.) And the Transportation Department is hiring 13 new people, “most of which will be dedicated to traffic signal timing”. Traffic signal timing? In Austin? You don’t say.

And what of the cops? What of APD’s request for more officers?

In the new budget, Adler explained, Austin will add 52 emergency service workers, 12 police officers, 21 civilian police staff and 38 development service employees intended to speed up Austin’s notoriously arduous permitting and building inspection process.

Exactly what the city manager asked for. (Well, the cops and police staff anyway: I don’t know about the development staff.)

As a side note, I mentioned when I was taking the Citizen’s Police Academy class earlier this year that we got to go on a tour of the forensics lab. I’m attending CPA again this fall, but as an alumnus rather than a student. (What this means in practice is that I’m basically volunteering to help set stuff up before the class, knock things down after the class, and sit in the back and keep my mouth shut during the class.)

Point of this digression: the lab tour isn’t being offered to CPA students this time around.

In other news, the APD suspended an officer for 20 days for improper use of a stun gun: specifically, the officer tasered a restrained person.

The other part of the story: the guy who was Tasered is the same guy who got pepper-sprayed in the back of the police van.

Wilson had been arrested on suspicion of public intoxication. At the booking facility, Wilson was restrained with handcuffs and a set of belly chain handcuffs, but later stood up from a chair and argued with several officers. Wilson refused to remain seated and a struggle ensued, the memo said.
Jimenez fired her stun gun once at Wilson, discharging a five-second pulse as the struggle concluded, the memo said.

Apparently, Tasering a handcuffed possibly drunk guy who is struggling with officers is FROWNED UPON IN THIS ESTABLISHMENT!

Jimenez admitted during her disciplinary review hearing that she should have used less violent means to control Wilson. She expressed regret for her actions, the memo said.

No appeal is once again part of the deal.

And from the department of “play stupid games, win stupid prizes”: the APD shot and killed a guy earlier today. The initial reports make it sound like a good shoot: they got a call about a suspicious guy wandering around an apartment complex with a backpack looking into cars, responded, didn’t find him initially, came back 2o minutes later after a second report and found him…

Officers radioed for air support and K9 units to help find the man as they continued to chase him on foot. An officer eventually ran the man down and used his stun gun to try to make an arrest, officials said.

The guy went down, the officers stated yelling at him to show his hands, he initially wasn’t compliant, and then…

“What we can see on video is that the suspect very quickly rolls over, produces a handgun and begins firing shots at our officers,” Manley said. “Our officers immediately retreat and return fire. There are multiple shots that are fired, again by both the suspect who initiated the gunfire and our officer who returned fire.”

Part of the referenced video (taken by a resident of the complex, not the police) is on the KVUE website. It isn’t the best quality, and I swear I saw a better version elsewhere, but it seems to show exactly what the APD is saying happened: they told the guy to roll over, he came up shooting…

(Edited to add 9/16: the video I was thinking of is on Facebook and linked from this Reddit thread. I recommend ignoring the comments.)

Noted: this is the second fatal police shooting in Austin in 10 days. A week ago Monday, the APD shot a man whp was wandering around an apartment complex holding a “high-powered rifle”: the police took cover, repeatedly asked the man to drop the weapon, actually shot him several times with “beanbag” rounds, and finally (the exact chain of events is currently unclear) shot the man. It sounds like classic “suicide by cop”: the man was being described as emotionally distraught after a recent break-up with his girlfriend.

Today’s update from Oakland.

Thursday, September 8th, 2016

Four Oakland police officers involved in a sexual misconduct scandal will be fired, and seven more suspended without pay, for shocking violations that include attempted sexual assault and assisting in the crime of prostitution, city leaders said Wednesday.

Among the alleged offenses, the most startling are that the four officers facing termination committed one or more of the following: attempted sexual assault; engaging in lewd conduct in public; assisting in the crime of prostitution; assisting in the evading arrest for the crime of prostitution; accessing police databases for personal gain; lying to investigators; failing to report allegations of a minor having sex with officers and bringing disrepute to the police department.

In slightly old, but related news, the young woman in question is being held in a Florida jail on charges of “aggravated battery”. Her bail is set at $300,000.

Why was she in Florida? Would you believe drug rehab?

Guap and her mother both told the East Bay Express that the drug-treatment was funded through the Richmond Police Department (RPD), an allegation that has raised eyebrows among people following the investigation into Guap’s prostitution claims (which include RPD officers). “I’m not saying rehab is a bad idea, but there are rehab programs here,” said civil-rights attorney Pamela Price, who is leading a call for the state to take over the investigation from individual agencies involved.

(I feel like I should note here that this is just what “Guap” and her family are claiming. The RPD refuses to confirm or deny that they paid for the treatment.)

And what led up to the aggravated battery? Would you believe drug withdrawal?

Guap’s alleged victim, a detox-center security guard named Joseph Sanders, claimed Guap was getting (verbally) upset with a facility care staffer so he and two other security guards entered the room. At that point, Guap tried to pull a safe off of the room’s countertop and, “when the security officers intervened, [Guap] began resisting, starting a physical altercation,” according to an arrest affidavit. Guap began “screaming at the employees then lunged at one of the female security officers. Sanders attempted to restrain” Guap, at which point she bit his right forearm.

(By the way, “Guap” is not the young woman’s real name, which is why I haven’t edited it out.)

Obit watch: September 5, 2016.

Monday, September 5th, 2016

Officer Amir Abdul-Khaliq of the Austin Police Department passed away yesterday.

He was critically injured in an accident on Thursday. According to reports, he was escorting a funeral procession, and was at the Burnet/Ohlen intersection when a woman pulled in front of him (trying to make it into a gap in the procession) resulting in the officer striking her vehicle.

Cmdr. Art Fortune with the Police Department’s Highway Enforcement Command said the department has handled at least a dozen motorcycle crashes involving officers in the past two years, but none had been as serious as Thursday’s incident.

Officer Abdul-Khaliq had been on the force for 17 years and has five children.

Be careful out there, people.

Semi-related: “A Fighter Pilot’s Guide to Surviving on the Roads..”