Showing posts with label police brutality. Show all posts
Showing posts with label police brutality. Show all posts

Sunday, February 26, 2012

Prosecuting Innocence: The Scottsdale Police shooting of David Hulstedt


Another victim of Scottsdale police violence has come to my attention this weekend, thanks to one of the local activists hot on the Scottsdale Police Department's tail, who posted the link to this guy's family's website to Facebook.

David has a psychiatric disability, according to court records, and was having a crisis at the time this all happened - they'll try to make that work against him, so don't let that keep you from supporting him. In fact, it makes it all the more imperative that the community embrace him and his family right now to assure that he's not further brutalized by the criminal justice system - at least, not without a world of witnesses. 

Let the following be a lesson to all who own a video camera - keep it out and use it whenever you see the police stop someone. You never know whose life you may save. If we're truly dedicated to fighting police brutality, the place to start would be to see him through the effort to criminally prosecute him after he filed suit against the bastards. 
If David or his family are out there and want some support from other folks who are fighting police and prison violence, let me know. My name is Peggy, my number is 480-580-6807


------this occurred in 2008. David's prosecution is on-going------ 


This is the story of David Hulstedt, the young man shot in the back as he walked away from officers Scottsdale, Arizona police officers on November 7, 2008. David, who was unarmed, and carrying his toddler, is now paralyzed. David's little daughter suffered a fractured skull when she fell to the ground. As widely reported in the media, Mr. Hulstedt was undergoing treatment for a mental health condition when he called 911 asking for help from the Arizona Governor. Instead of responding with calm and caring, a Scottsdale police dispatcher broadcast that there was a "crisis" at the residence, and that a little girl was crying in the background, and that his parents were trying to get the little girl away from David whowas refusing to give back the baby.

That little girl was just David's daughter who was crying because she needed a new diaper.

The Inappropriate Police Response.

Within minutes, Scottsdale officers ordered David's parents out of the home. David repeatedly called his father, pleading for him to return to the house. His father asked to go back to the house but police would not let him. David also repeatedly called his brother, Eric. In the video to right, Eric explains that he asked police to let him go to his brother. Police refused. David’s father called his lawyer who tried to speak with David, until Police intervened and ordered him to stop.

As you'll hear and see through the video clips to the right, David's family urged the police to let them help David, but police refused. David said he would give his daughter to his brother. Time after time, the family made progress. But the police did everything the could to stop that progress, and even confiscated the cell phones being used by the family.  Police intentionally isolated David from the very support group that he needed. David was never armed. David never threatened police. David never threatened his family. Minutes after police took away David’s lifeline to his family, lawyer and minister, David in desperation allegedly told police: “If you don’t let my brother come inside, I’ll pile drive my daughter into the ground.” But David would not and did not do that. Over the next 20 minutes police negotiators told David that they were there to help him. They were not going to hurt him. They proclaimed themselves “professionals.” They guaranteed David that they would not hurt him. All he had to do was come out with his daughter.

He did.

The Shooting.

David walked outside the house and asked officers to back up. He wanted to go to his Dad. He wanted to go to the street to see his family, not knowing the family had been held in seclusion by Scottsdale Police. Four officers, staged immediately outside the front door, took a couple of steps back to give David some space.

Arizona police officers are trained to safely resolve problems with people in mental crisis by assigning one person to  calmly speak with the patient. Instead of following training, police yelled at David. He was given opposing commands to put up his hands, put down the baby. He was not told he was under arrest. Confused by the contradictory orders, David raised his daughter up over his head and began to walk to the street. He wanted to be with his family. David and the police negotiators wanted a peaceful resolution. As he walked to the street an officer armed with a military assault rifle yelled at him. From across the street another officer armed with an assault rifle joined in the chorus of shouts. David turned to go back to the safety of the home.

The two officers fired their military assault rifles striking David down after he took 3 to 4 steps back towards the home. He was immediately paralyzed and fell forward. David lost his grip on his daughter and she flew down hitting her head on the concrete front walkway. Police, unbelievably, then DRAGGED David's paralyzed body hundreds of yards over rocks and gravel, ripping through his skin, exposing bone.
 
Police Claims.

Police  claimed that the baby was bleeding from her ear when David first walked out of the house. Police claimed they saw blood on the front of David’s shirt. Police claimed that the left side of David’s daughter’s face was deformed and there was blood mixed with mucous coming from her nose. Police claimed that the little girl slid down the front of David and fell from his knee. She fell, police claimed, on the gravel of the front yard. Police told the news media that blood was found inside of the house. Police told medical staff attending to both David and his daughter that David held the girl upside down and threatened to pile drive her into the ground causing police to shoot him. Police dragged David, paralyzed, more than 100 yards over rocks and rough terrain, ripping through his skin and exposing his kneecaps.

Police said David would be arrested when he recovered.  They asked the county prosecutor to charge David with kidnapping and child abuse.
 

Caught On Tape.

Police were unaware for almost two hours after the shooting that the family’s neighbor had videotaped the entire event, including David's attempt at surrender, and the shooting. There was no blood inside the house. There was no blood on the front of David’s shirt. His daughter was not bleeding from either of her ears. But because police told the hospital and Child Protective Services that the little girl was bleeding before David was shot, the little girl was subjected to full body scanning. That proved police fabricated their story. There was no evidence of abuse. 
David is a Victim.

Police have asked that David be criminally charged with aggravated assault, kidnapping and child abuse.  Scottsdale police department's claim that David injured his daughter inside the home was without a basis.  The former Maricopa County Medical Examiner commented that the daughter’s injury was consistent with being caused by falling to the concrete walkway.  The truth that she fell after her father was shot made its way into medical records, despite the false statements made by police officers.  And, the photographic evidence proves how she was injured.

David himself asked  the prosecutor’s office to tell a grand jury the facts, and asked that the two officers who shot him be charged.  Officers who were sworn to protect him, but instead fabricated a crisis situation, then shot him in the back multiple times, ripped skin from his knees -- clear to his bone --  left him paralyzed for life, then created a fictional account for the media about what happened.

Thursday, February 16, 2012

About John George Loxas, II...

DIRECT ACTION FRIDAY, FEB 17 - 7pm

March against police murder on 
SCOTTSDALE POLICE DEPARTMENT


 --------------

On Facebook tonight...people should know more about this murdered man than what the police want you to know. This is apparently from John himself...


------------------


"I am a student of life. I have packed 150 years of life into 50 years and I plan to pack in another 300 years of life into the next 50 years.. I have worked hard and I have played hard. I have a non-religious relationship with God. I am a Polymath. My greatest pleasure outside of love, is knowledge.

I have had the honor of single parenting my beautiful daughter, Alexandria from 12 months of age to adulthood. It has been my greatest joy... And then, she doubled that joy the day she gave birth to my first grandson, Neo Amani Loxas. He is a bright new star in my sky.

I believe we live in a UNIVERSE of abundance, yet the greed of a few absorb and control the abundance leaving many innocent hungry, lost and ill. Homelessness, hunger and disease should not exist. I am a strong advocate of TRUE EQUALITY AND BROTHERHOOD OF MANKIND.... a unity of LOVE is our salvation.. and MUSIC is the ambrosia of our spirits.

I believe that the World Bank/International Monetary Fund/Federal Reserve/IRS, mainstream media, corporatism, Zionism and GREED are the true axes of evil whether or not, they know or believe that themselves. Right or wrong, true or untrue; this is MY belief, and I firmly stand by it.

I am not afraid of the unknown; it exhilarates me. I am not afraid of the government. I fear NO man. I fear NO army. I am not afraid to speak the truth, no matter what personal consequences await me. I am not afraid of death. I am not afraid of imprisonment. I am not afraid of God; for no loving God would put fear in my heart and frighten me into believing or loving anything. Free Will baby!!!

My favorite aromas are the ocean's mist, desert rain, a woman's neck, orange blossoms, and any aroma which stimulates fond memories of my past. Thai food is perhaps my favorite food. My body feels its best after a Thai meal, more than any other food combination. The Sing-ha may have something to do with that... YUMO.

I am a fierce fighter, and a fierce lover. I am healthy and strong. I am quick tempered when anyone attempts to betray me. Yet, I am as patient as Father Time with those who are loyal. For I am a loyal man to my family and friends. I will cross mountains and swim seas for any of them.. No amounts of money, power, drugs, or women can buy me. I cannot be bought. I cannot be frightened. Although I am a loving and compassionate human, I do have a dark side... And if you love me, you will never have to see it. If you are my enemy, you will live it.

We must end all WARS... We must end all HUNGER... We must punish only TRUE CRIMES, where actual VICTIMS exist... We must encourage more of the ARTS and SCIENCES and exploration of the cosmos... We MUST allocate charity (not taxation) to our infrastructure so that we can progress.

I have optimistic faith for the future of civilization and humanity..We must unite in order to evolve our civilization.. Infinity awaits us all.

More to follow............ MUCH more."

Wednesday, February 15, 2012

Watching cops: Scottsdale - another man dead.



DIRECT ACTION FRIDAY, FEB 17 - 7pm




---------

This is so wrong. All this poor guy had was a cell phone in his pocket, and the cop shot him in the head when he turned away from him. And look at this guy Peters' record - more than just him is responsible for his belief that this would be a "justified" kill, too. His department has backed him up every other time he's left another person dead. He even got a Medal of Valor for killing a man, so why wouldn't he - and just about every other cop - think this was okay?



John Loxas and grandson
photo lifted from my buddy's blog at OP-NAT Eye -


John Loxas, smiling above with his grandson, is the murder victim, by the way. Apparently you don't even have to have criminal intent to kill someone to be charged with some degrees of homicide in Arizona, so there is a lot of room for how Peters can be charged. Lots of people go to prison for negligent homicide or manslaughter - some even second degree murder - without having had any "criminal" intent at all. The taking of a life is that grave of a business to us here...though we empower virtually anyone to run around with a concealed weapon here - our legislators want them in the schools and bars, even.



Scottsdale Police Officer James Peters


Officer James Peters, shown above in uniform, will probably never be charged with homicide for killing John Loxas. He won't be charged with a thing, is my bet. He probably won't even lose a day's pay. This will go down as an unfortunate but nevertheless "justified" kill. They justified it already by virtue of the type of information released to the media about John's run-ins with his neighbors and the police before. Please remember as you read this stuff that the state is in control of these press releases; the victims of the state have already been silenced, in cases like this, and his survivor's voices will likely never be amplified louder than the suggestion below that even though he wasn't carrying a gun or threatening the cops, he somehow deserved to be shot.

Our condolences to John's loved ones. Feel free to contact me if you want to connect with other families who have survived the loss of a loved one to police or prison violence, either for mutual support or to help change things. 

In any case, please make sure you sue them for this, and go after that cop's state certification

 My name is Peggy Plews (480-580-6807). 

You can call any time, or email me at prisonabolitionist@gmail.com

-----------from the Arizona Republic-------------- 


Arizona Republic

The Scottsdale police officer who shot and killed a man holding a baby Tuesday has been involved in seven shootings since 2002, six of them fatal, police said Wednesday.

Officer James Peters shot 50-year-old John Loxas on Tuesday evening after police were called to a house in the 7700 block of East Garfield Street, near Hayden and McKellips roads.

 Neighbors had called 911 earlier and said Loxas had threatened them with a handgun.

Peters, a former member of the department's SWAT team, was one of six officers who responded to the call. The 12-year police veteran is on administrative leave, which is standard after any police shooting, said Sgt. Mark Clark, a Scottsdale police spokesman.

According to the 911 call, the neighbors said Loxas was pushing his 9-month-old grandson in a stroller and walked over and kicked a neighbor's trash can into the street. When another neighbor went to pick it up, Loxas returned with the baby in his arms and started yelling, "You got a problem with that?" the caller tells the dispatcher. "The guy pulls out a gun, cocks it and aimed it at him."

When officers arrived, Loxas had returned to his house, but came to the door with the baby in his arms, police said. Peters and another officer told investigators that they saw a black object in Loxas' hand. Loxas turned to go back inside when Peters, who was standing 18 feet away at the edge of the driveway, shot him in the head with his patrol rifle, police said.
"(Loxas) was holding the baby in his left arm in front of his upper body and face. Moments later, he reached down to his right, lowering the baby, clearly exposing his head and upper body. Officer Peters responded to the movement with a single shot (to) the suspect's head.

The suspect fell to the ground and the baby was rescued by officers. The suspect died instantly," Clark said.

Peters "felt he had to prevent him from re-entering the house," Clark said. "The intent was to rescue the baby." Investigators later determined that Loxas was not carrying a gun but had a cellphone in his pants pocket.

A search warrant recovered a loaded pistol "a few feet from where the suspect fell inside the residence," Clark said. "It was wedged between the arm and cushion of a chair a few feet away from where he fell." It is the same pistol believed to have been used to threaten neighbors, he said. A loaded shotgun also was found near a chair a few feet from the pistol, Clark said. In addition, police found at least eight "Airsoft" type rifles and pistols, as well as "a functional improvised explosive device," he said.

Loxas lived in the house alone and babysat his grandson often, police said. The home was filled with garbage and clutter and a city inspector determined the home to be uninhabitable Wednesday, Clark said.

In 2010, Scottsdale police were called to the house because Loxas was threatening neighbors with a pistol, police said. He has been arrested at least once, police said. The 911 caller told the dispatcher that this wasn't the first time that Loxas had pointed a gun at neighbors.

On Wednesday, several neighbors said that house parties were frequently held at the man's home, often lasting until 3 a.m. or later. Residents of two nearby homes said they had filed noise complaints with police.

Scottsdale police Chief Alan Rodbell said he is confident that the external review by legal experts will "leave the community with the same sense of confidence that I have in my officers, my detectives and oversight in this very serious incident."

Lyle Mann, executive director of the Arizona Peace Officers and Training Board, a state law enforcement panel, said that he couldn't comment specifically about Peters, because he didn't know the circumstances of the seven shootings. But he said "some are functions of assignment."

"If you are out chasing armed felons every day, there's the probability that they're going to be bad people. While it feels like it clearly is an anomaly in terms of this person being involved in this many discharges, I wouldn't read anything into that," Mann said.

Each of Peters' previous shootings have been determined justified through an internal investigation as well as an external investigation by the Maricopa County Attorney's Office.

Peters' previous fatal shooting occurred in March 2010, when Peters shot and killed a man suspected in a string of bank robberies. At the time, The Republic reported that the city had settled in 2009 with the family of one of the people involved in a different fatal shooting for $75,000 but denied liability.

In another case, Peters was honored for his actions in responding to a hostage situation and the hostage thanked the officer for saving his life and shooting the suspect.

Peters also was involved in these previous shooting incidents, police confirmed:

Nov. 3, 2002: Peters was one of three SWAT officers who fired at Albert Redford after a nearly four-hour standoff at his north Scottsdale home. Officers had been called out for a report of domestic violence. Officers fired a total of seven shots, striking Redford three times.

March 25, 2003: Peters shot and killed disbarred lawyer Brent Bradshaw, 47, of Scottsdale. Officers responded to shotgun blasts at Bradshaw's home. Three hours later, police found Bradshaw wandering along the Arizona Canal at Miller and Chaparral roads, carrying a shotgun. Officers tried unsuccessfully to get him to put down the gun.

Oct. 10, 2005: Peters shot and killed Mark Wesley Smith, a burglary suspect, during a confrontation outside an auto-body shop near Hayden and McKellips roads. Smith was smashing car windows in a rage outside the body shop. Autopsy reports would later show that he was high on methamphetamine.

April 23, 2006: Peters shot and killed Brian Daniel Brown, 28, who took a Safeway employee hostage after he hijacked a Krispy Kreme delivery truck in Peoria. Peters received a Medal of Valor for this incident in June 2007.

Aug. 30, 2006: Peters and Officer Tom Myers fatally shot Kevin Hutchings after Hutchings fired at least one round at police outside his northeast Mesa home. Scottsdale police were trying to contact Hutchings about a Scottsdale assault earlier that evening with a longtime acquaintance of Hutchings. Hutchings' family sued the city and eventually settled out of court for the $75,000, city officials said.

Feb. 17, 2010, Peters and Scottsdale Detective Scott Galbraith shot Jimmy Hammack Jr., 46, after Hammack drove his truck toward detectives who were investigating him as a suspect in three Scottsdale bank robberies and two in Phoenix. Hammack later died from his injuries.


This is the second time in less than three weeks that a Scottsdale police officer shot and killed a man.

On Jan. 28, Jason Edward Prostrollo, 25, was shot dead after officers were called to the north Scottsdale home of Prostrollo's acquaintances. Police were called in the early morning by a 35-year-old woman saying Prostrollo, a guest in her home, was drunk and fighting with her 50-year-old boyfriend, and had a knife.

Prostrollo, a former Marine with two tours of duties in Iraq, came out of the house with pieces of a pool cue in each hand, police said. He ignored commands to drop the cues and stop walking, police said. A K-9 officer released his dog and a bite from the dog didn't deter Prostrollo, who kept walking toward officers.

That's when Lt. Ron Bayne shot Prostrollo and killed him.

Prostrollo's family and friends have questioned the police department's use of lethal force.

Reporter John Genovese contributed to this article.


-------------

 Roosevelt Street Artwalk: Phoenix
(June 4, 2011)

Thursday, February 2, 2012

AZPOST WATCH: Police the police who police the police.

These are the folks who certify police and corrections officers in Arizona - it's my understanding that without their blessing, one cannot get a job as a peace officer in this state. 

Their meetings are held every 3rd Wednesday at 10am at the AZPOST office (2643 E. University Drive Phoenix, AZ 85034), if you want to see them deliberate on the de-certification of some very bad officers - or if you have anything to say for their public comment period yourself. Looking at the composition of this board, it seems like some of the main offenders I encounter are in the employ of these folks - all we're missing are the PHX PD and the MCSO. Nevertheless, AZPOST is who I've been advised to complain to if certain officers aren't upholding their duty to the rest of us, so let's hold them accountable. Here's the page that links to their de-certification decisions, called "Integrity Bulletins". 

Those of you who have been able to identify officers responsible for abuse or neglect resulting in harm to yourself or a loved one in custody should check out those archives to see if that officer was ever de-certified. Two weeks of unpaid leave for standing idly by while a young man bleeds to death, or for leaving a woman to burn alive in a cage,  is a travesty of justice, and should be rectified by this board - especially if it isn't satisfactorily addressed by the officer's employer or the appropriate county prosecutor. 

Perhaps if the public begins to turn out at these meetings to complain, some things will be more likely to be addressed. At the very least, they'll know we're watching them behind the scenes, too. Bring your comments for the "call to the public" in writing as well to give to the recorder who will be sure they get properly included in the minutes.




-----------------from AZPOST's website-------------
 

The Arizona Peace Officer Standards and Training Board was created by an act of the 28th Arizona legislature on July 1, 1968 as the Arizona Law Enforcement Officer Advisory Council. The name was officially changed to its present form on July 17, 1994.
 
The Board was originally created to address the need for minimum peace officer selection, recruitment, retention and training standards, and to provide curriculum and standards for all certified law enforcement training facilities. The Board was also vested with the responsibility of administering the Peace Officer Training Fund.
 
In 1984, the legislature charged the Board with the added responsibilities of approving a state correctional officer training curriculum and establishing minimum standards for state correctional officers. Currently the Board provides services to approximately 170 law enforcement agencies encompassing over 15,000 sworn peace officers, 9,000 correctional service officers, and 16 academies.
 
The mission of the Arizona Peace Officer Standards and Training Board is to foster public trust and confidence by establishing and maintaining standards of integrity, competence, and professionalism for Arizona peace officers and correctional officers.
 
Our vision is to produce and maintain the most professional peace officers in America.

Board Members

Jim Duarte
Mr Joseph Duarte
Public Member
Board Chairman
The Arizona Peace Officer Standards & Training Board was originally comprised of nine members, appointed by the Governor with the advice and consent of the Senate. The Board included two sheriffs, two chiefs of police, a college faculty member in public administration or a related field, the state attorney general, the director of the Department of Public Safety, and two public members.

In 1977, the statutes were revised to require one sheriff come from a county with a population exceeding 200,000 and one sheriff from a county with a population less than 200,000. Additionally, one police chief was to be from a city with a population exceeding 60,000 and one from a city with a population less than 60,000.
In 1984, Board membership was expanded with the addition of the director of the Arizona Department of Corrections and an administrator of a county or municipal correctional facility. The number of members serving on the Board rose to thirteen in 1991, when the legislature added two additional members holding the rank of patrol officer or sergeant. It was specified that one of the two new members was to be from a city police agency and the other from a sheriff's office.

Today, the composition of the Board remains as established in 1991, with 13 members.
John Armer

Sheriff John Armer
Gila County Sheriff's Office
Scott Decker

Dr. Scott Decker
Arizona State University
Robert Halliday
Director Robert C. Halliday
Arizona Department of Public Safety
Tom Horne
The Honorable Tom Horne
Arizona Attorney General
Kevin Kotsur
Chief Kevin Kotsur
Avondale Police Department
Wendy Larsen

Ms. Wendy Larsen
Public Member
-Charles Ryan
Director Charles Ryan
AZ Department of Corrections
Thomas Sheahan

Sheriff Thomas Sheahan
Mohave County Sheriff's Office
Robert Thompson

Sergeant Robert Thompson
Nogales Police Department



Vacancy
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Vacancy
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Vacancy
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Monday, December 26, 2011

Stauffer on Atencio and the abuse of prisoners at the MCSO



Keep in mind that the following is coming from a conservative challenger 
to Joe Arpaio in 2012


-------------------from the Tucson Citizen--------------



Law Enforcer Mike Stauffer reacts to death of Ernest M. Atencio
by on Dec. 26, 2011,
TUCSON CITIZEN

Law Enforcement Analysis of the Ernest Atencio Incident
FOR IMMEDIATE RELEASE:
December 26, 2011
Police Lt. Mike Stauffer
MCSO Candidate • 2012



In expressing my dismay about the incident that occurred in the MCSO 4th Avenue intake area on December 16, 2011, I have angered some people employed by MCSO. To those individuals, I say, the information that I acted on came from inside the MCSO. There are employees of the organization who are disgusted by the actions of a few and will speak out.

As sheriff, I will not tolerate this behavior or this attitude. I will not tolerate those who stand by and allow this type of incident to take place. Know that the days of covering up behind stalling tactics are over. The cover-up is frequently worse than the incident itself. The MCSO is under a microscope. Even if it was not, I expect all the employees should understand that they are held to a very high standard of conduct and will be held accountable for their actions. I am outraged that even one employee of the MCSO would stand by as this incident unfolded and did nothing to intervene. I am outraged by the atmosphere and attitude fostered by Arpaio that allowed this to happen. Know that those who continue to carry this attitude will have no place at the MCSO.

I stipulate that I have not been privy to an unedited video and have formed some
conclusions based on the video available on You Tube (http://tinyurl.com/7evqt6n) and the report by Fox 10 News in Phoenix (http://tinyurl.com
/7nbuyma). What I saw disturbed me greatly on many levels.

Ernest Atencio according to reports, was arrested for misdemeanor assault. He had not seen a judge. He had not even gone through the full intake process.

Nevertheless, the offense he was arrested for, even if found guilty and convicted at trial, did not warrant a death sentence. American law enforcement is not judge or jury.

Ernest Atencio arrived at the intake area under his own power and apparently healthy. He did not initially appear physically combative, and in fact, the Phoenix Police officers released him from his handcuffs. It has not been reported what the conversation was between PPD officers and Mr. Atencio that precipitated the officers to grab him and attempt to restrain him.

If the reason for the physical contact was to put Mr. Atencio back into handcuffs, why do none of the officers have handcuffs out? There are no restraining tools of any kind visible.

As Mr. Atencio struggles with the officers, a Phoenix officer appears to put Mr. Atencio into a choke hold (2:11), which is considered a deadly force tactic, and takes him forcefully to the ground. It appears that Mr. Atencio goes limp for several seconds at this point. The Phoenix officer is then pushed away by an MCSO detention officer and at least six detention officers appear to be pinning Mr. Atencio to the floor.

Although he can’t be seen under the pile of at least six detention officers, it appears that Mr. Atencio suddenly surges and the detention officers apply a Taser in “drive stun” mode. This tactic involves firing a barb from close range, into the subject and then repositioning the Taser to make contact and complete a circuit that delivers an immobilizing electric current to the subject for a five second duration. The detention officers do not appear to be restraining Mr. Atencio during any of the applications, as those properly trained to use a Taser are instructed. Taser training also warns that repeated applications of the Taser is dangerous to the health of a subject and de-escalation tactics to bring the subject under control should be employed during the subject’s incapacitation to prevent the need for continued force.

Equally disturbing are the actions of the other officers in the area. Several officers run into view from other areas and try to join in the pile. Others appear to be mocking Mr. Atencio and laughing about the encounter. Their behavior reinforces the perception the officers have a callous disregard for Mr. Atencio’s well being.

In the holding cell, a detention officer is seen making what appears to be knee strikes to Mr. Atencio’s head. Another detention officer puts a restraining hand on that officer’s shoulder to stop him. This occurs while Mr. Atencio is being held down by at least five other detention officers. The application of knee strikes to the head while Mr. Atencio is being restrained is an inappropriately high level of force for the circumstances.

Mr. Atencio is limp and unresponsive; yet, he is stripped of his clothing and dumped on the floor of a holding cell. The medical personnel present do not appear to ascertain Mr. Atencio’s medical status. No medical follow-up is conducted and Mr. Atencio is left alone. This again is contrary to Taser policies and training. Training dictates that anyone subjected to a Taser application be seen immediately after the situation is stabilized by certified medical personnel. A person subjected to multiple Taser applications should be seen by an emergency room Physician.

The vague statement issued by Chief McIntyre that night after the story broke suggests an attempt to cover up the situation. His statement indicates that there was no in-custody death that night, an outright falsehood. The week delay in releasing the video and the timing of the release further suggests an all out attempt to bury the story by the MCSO.

These situations require an open, timely release of preliminary findings. Delay and vagueness only fuel anger and distrust in the community. Hiding behind a wall of silence is not appropriate. The leader of the organization must be front and center and accountable to the community. Only in this way can the organization be trusted to do what is right.

Police Lt. Mike Stauffer
MEDIA CONTACT:
West Kenyon
Campaign Manager
Police Lt. Mike Stauffer
Maricopa County Sheriff • Candidate 2012
t: 480.414.6868
e: west@votestauffer.com
w: www.votestauffer.com

Friday, December 23, 2011

MCSO and Marty Atencio: Video released

Here's the MCSO Booking area, where Marty Atencio was attacked; this footage comes via Dennis Gilman, who edited hours of tapes. I, frankly, see no provocation for that Phoenix cop to take down Marty the way he did, much less for ten more officers to jump in...

part I






part II

Here they are putting Marty in a "safe room" now. I have a problem with this policy of stripping mentally ill or unstable prisoners naked to assure their "safety"  - it just compounds trauma with humiliation.



Good coverage and observations below, from the Phoenix New Times: Check out links to Stephen Lemons' continuing coverage of the death of Marty Atencio here.

-------------------

Last week, Marty Atencio's brother Mike told me that he and his family believe Sheriff Joe Arpaio's detention officers "murdered" his brother, leaving the 44 year-old Army vet dead in a cell, only to ship him out to St. Joseph's Hospital later, so the MCSO could deny that Atencio was an "in-custody" death.

On Tuesday, Atencio's family made the decision to remove him from life support, but the family's attorney Mike Manning later noted, "[Atencio] died in the jail."

Friday, the MCSO released eight hours of video, some of it documenting Atencio's stay in the sheriff's custody. The chilling words of Atencio's brother and of Manning have not been rebutted by that footage.
Watch the video above, taken from hours of jail tape the MCSO unceremoniously dumped on a ravenous media Friday afternoon. What do you see?

I see a pack of uniformed officers jumping on one unarmed man, who seems to be making no aggressive moves toward them.

While beneath this pile-on, Atencio was Tased. That the Tasing was unnecessary is self-evident.

There's also creepy footage (not seen above) of Atencio being thrown naked into an isolation cell. In it, Atencio is not moving, and looks to be unconscious. 

The scene in the cell is eerily reminiscent of MCSO video of Juan Farias Mendoza, an inmate allegedly beaten to death by detention officers in Arpaio's jails back in 2007.

Mendoza was 40. Atencio was 44. Both men were Tased several times in custody. And each man was a father. Mendoza had three kids. Atencio's family told me he has four, ranging in ages from 15 to 24.

The world might never have known about Mendoza, had not an anonymous tipster informed New Times of his brutal demise. Recently, Maricopa County settled with Mendoza's family to the tune of $1 million.

Which makes you wonder: How many incidents like these have occurred in Arpaio's gulags that we don't know about.


So the Atencio family's response to the video's release, in a statement given to the press by Manning, seems wise and measured, an example of dignity in the face of the media's hunger for information and Arpaio's spin machine:

"The Atencio family has instructed that I make no comment today concerning the jail video just released by Sheriff Arpaio," Manning said. "They are deeply grieving the death of their Marty and do not want their burden and hurt to interfere with the joys, blessings, and good cheer that other Valley families are looking forward to on this eve of the Christmas weekend. We will have a comment on Monday or Tuesday."

Atencio was acting erratic before and after his arrest by Phoenix cops on charges of assault. The Atencio family has indicated their loved one was bipolar and not on his medication at the time of his arrest.

Manning's stated that blood tests of Atencio done at St. Joe's showed no illicit drugs or alcohol in the man's system

Such factors aside, there's no excuse for such a death. Despite this, the MCSO boasts a gruesome track record of citizens dying needlessly in its custody

These individuals often become victims because they are already part of some at-risk group. 

Over the years, New Times has stood sentinel for them all: the diabetic mom denied her medication, the mentally retarded man asphyxiated till brain dead; the legally blind man beaten till comatose; the drug addict son offed in a restraint chair of the kind now banned from Arpaio's jails; and so on.

Now New Times stands sentinel for another in a long line of those neglected and abused by the MCSO -- the beaten, the Tased, the tortured and the slain. A line destined only to end when Arpaio is removed from power.

UPDATE 12/27/11: For more video of Atencio in custody and attorney Mike Manning's comments on same, click, here.

UPDATE 12/28/11: For Atencio's obituary and funeral service schedule, please click, here.

UPDATE 1/4/12: Marty Atencio laid to rest, please click here.

UPDATE 1/5/12: Psalm for Marty Atencio, please click here.

UPDATE 1/10/12: Phoenix Police arrest report released, please click here.



Saturday, December 17, 2011

More MCSO brutality towards latino prisoners...


From facebook last night...



We received news from an inside source that a Latino inmate at the 4th Avenue Jail is brain dead due to excessive force by detention officers. 
 -------------------------
Update tonight, from the Arizona Republic:


Phoenix inmate still critical after restraint at jail


A man who was taken to a hospital after he became unresponsive while being booked into a Maricopa County jail early Friday remains in critical condition Saturday, officials said.

The Maricopa County Sheriff's Office has identified the man as 44-year-old Ernest M. Atencio.

Phoenix police brought Atencio in for booking on suspicion of assault at about 3 a.m. on Friday. During the booking process, Maricopa County sheriff's officials said Atencio was abusive and combative, forcing police and sheriff's deputies to use "defensive efforts" in restraining him.

In a statement issued by the sheriff's office, MCSO Deputy Director Jack MacIntyre was quoted as saying the officers took Atencio to a "safe cell" in hopes of getting him under control. While in the cell, Atencio was under observation by medical personnel, MacIntyre said. About 15 minutes later, medical staff checked on Atencio and had to start CPR and other revival efforts, McIntyre said.

Atencio was taken to St. Joseph's Hospital in Phoenix.

McIntyre said an investigation is ongoing.




----UPDATE December 21: PHX NEW TIMES---

 

Marty removed from life support;

Marty Atencio Dead, Blood Tests Show Him Free of Illicit Drugs, Lawyer Says



Tuesday, December 13, 2011

Attica guards conspire, assault prisoner




-----------------from WIVB.com-----------------

4 guards charged with assaulting inmate

WIVB.com Channel 4 (Buffalo, NY)

Updated: Tuesday, 13 Dec 2011, 5:17 PM EST
Published : Tuesday, 13 Dec 2011, 3:46 PM EST

ATTICA, N.Y. (WIVB) - Four corrections officers at the Attica Correctional Facility have been indicted on charges they conspired to and assaulted a prisoner.

The Wyoming County District Attorney's office has charged Keith Swack, 37, of Corfu; Sean Warner, 37, of Belfast; Matthew Raddemacher, 29, of Wyoming; and Erik Hibsch, 28, of Gainesville have been charged with first degree gang assault, fourth degree conspiracy, tampering with physical evidence, and official misconduct...

                                                read the rest at WIVB

http://www.wivb.com/dpp/news/crime/4-guards-charged-with-assaulting-inmate

Police Violence at OCCUPY ALEC: N30.

Some scenes of Occupy ALEC actions from independent videographer and activist Dennis Gilman:


c

Friday, October 21, 2011

Prosecuting police violence: MCAO falls short with Gerster, Keesee.

"Prosecute Police Violence"
Maricopa County Central Courthouse, Phoenix.
June 2011



I went to former Maricopa County Sheriff's detention officer Kevin Gerster's sentencing in Maricopa County Superior Court today. He entered a plea deal in August in which the prosecution offered him 6 months in county jail and two years of probation for all his crimes. Both the assaults were ruled as "non-dangerous, non-repetetive", too, which is bullshit. He broke one guy's jaw and five months later beat another prisoner repeatedly. Judge Bill Brotherton took his assaultive behavior and pre-meditated crime (giving a buddy the address of a former prisoner, which the buddy used to find and assault him) more seriously than the prosecutor's office, though, and sent him to jail for a year instead.


In arguing for the judge to follow the plea agreement recommendations, Gerster's attorney cited the mitigating circumstances that ultimately kept the guy from going to prison instead. He has has no prior record, considerable community and family support (two of his former colleagues were present), took responsibility for his actions (he actually reported these incidents to supervisors when they happened and they left him on the job caring for mentally ill prisoners). He won't ever try to work in law enforcement again, and is now driving a cab. She even tried to get his probation fees reduced due to them being a hardship because he has child support payments to meet (the judge wouldn't consider that until he's done with jail).


Gerster himself argued that he had been in a stressful job and was just "caught up in the moment" when he did what he did, and was sincerely remorseful that he had embarrassed his family and his employer (he said little - if anything - about regretting the harm he did to his victims - as well as to the public's trust.)


These excuses didn't go over so well with Brotherton, and Gerster received a stern lecture from him about how he had a higher standard of conduct to meet than non-public servants regardless of stress because of the power he wielded, especially since he was working with "vulnerable" prisoners in the mental health unit. Brotherton pointed out that all of Gerster's criminal actions resulted in people being injured, and that the tampering with criminal records charges involved pre-meditated criminal actions that hurt others. It's a wonder he didn't send him to prison, he was so articulate about why Gerster deserved more than just six months in jail.


But the guy has a young daughter and family members who have suffered through this prosecution and the public shame with him, which is unfortunate for them (his fault, not ours), and Brotherton seemed to really weigh the mitigating factors - some of which I'm sure I don't know about, like the supervisors failing to take action to remove him from his job when it was clear he couldn't handle it. That made me want to see them in court, too, not just Gerster.


I stayed to watch him be put into cuffs by his former colleague, but didn't get the sense of satisfaction that I thought I would from it - I'm still a prison abolitionist, after all, and it's uncomfortable arguing for prison for someone, even a bad cop. For all I know the guy is mentally ill and asked for treatment before he escalated to the level of assaulting vulnerable people. In any case the MCSO was negligent in ignoring his abusive conduct, and should take some responsibility too.


In the end here's what Gerster plead to:

Agg Assault on his first victim (the guy whose jaw he broke in June 2010): Class 6 felony. 2 years probation concurrent with 6 month jail term, and suspended prison sentence (he could face 2 years in prison if he violates his probation);

Agg Assault on his second victim (William Hughes, who has assaulted last November): Class 6 felony. 2 years probation concurrent with 1 year in county jail, and suspended prison sentence (could face two years on this, too);

Unauthorized access to the criminal database and release of information (I'm not sure exactly what this charge was called, but it's a class 1 misdemeanor, down from a felony). 1 year probation concurrent with other sentences; suspended prison sentence (again, this could be 2 years at the ADC if he violates his probation - though he'll be in jail all that year anyway).

I'm still disappointed with the county attorney's office on this - they could not have lost at trial because of the video evidence - the whole world witnessed these assaults on Youtube, so I don't know what their excuse is for being so soft on him, but I'm glad Brotherton wasn't. Just keep in mind folks, that if any of those prisoners were in a position to defend themselves and tried to, they'd be facing a ten year sentence for assault on a peace officer, so don't think I'm calling any of this justice. I wanted him to go to prison - just not bad enough to shout it at the judge.

More troubling to me is that the other assaultive officer caught on video, Alan Keesee, plead guilty to aggravated assault (a class 1 misdemeanor) last month and was sentenced to only 3 months of unsupervised probation. His judge was Gottsfield; the prosecutor of record was Ed Leiter. That's less of a punishment than a friend of mine got for disorderly conduct at a protest - she got 30 days in jail and a year probation. Even I'm facing six months in jail for refusing to vacate a city park - now that's ridiculous.

Finally, a reminder to folks that tomorrow (October 22) is National Day Against Police Brutality: there will be an action at the 4th Avenue Jail at 10am. Join us if you can.



You can find updated Superior Court court records at this link.

Friday, October 7, 2011

Police Brutality day of protest, October 22, 2011!


FIGHT POWER with POWER.




Call-out from the October 22 Coalition at www.october22.org:


Across the U.S., Black, Latino, and poor neighborhoods are treated like occupied territory by increasingly militarized armies of law enforcement. People are criminalized and brutalized for their perceived status – socioeconomic, immigration, mental health, and/or racial, gender, or sexual identity. People living in our communities, especially youth, are routinely stopped, harassed, beaten, and even killed.


In Chicago, the home of the first Black president, police have shot 44 people so far this year, mostly youth of color, including 13-year-old Jimmell Cannon, who was shot eight times.



NYPD continues to stop hundreds of thousands of youth of color every year for the most minimal suspicion, fewer than 10% of which result in arrest, and far fewer in charges or conviction.



Police nationwide continue to kill with very little consequence. Twelve Miami cops shot at 22-year-old Raymond Herisse 100 times, then threatened those who recorded the incident, destroying their cellphones. A Tucson SWAT team shot at 26-year-old Iraq War veteran Jose Guerena over 70 times, claiming that he fired at them and then leaving him to bleed to death in his home. Both their allegations of gunfire and drug-dealing were later revealed to be false. In New York and New Jersey, at least 28 people have been killed by police since October 22 of last year, while at least 35 people have been killed by law enforcement in Washington State in the last 12 months. The killing of 22-year old Oscar Grant in the San Francisco Bay Area in 2009 resulted in a rare conviction for the officer who shot him; however, he was freed after mere months in prison, while people protesting the outrageous verdict were met with police violence and mass arrests. In the weeks following that cop’s release, SF cops killed Charles Hill, a 45-year-old homeless man, on a subway platform and 19-year old Kenneth Harding after he supposedly failed to pay a $2 train fare, then left him dying on the pavement in front of dozens of outraged witnesses.



Police routinely abuse the mentally ill and disabled. Fullerton, CA cops beat to death homeless and mentally ill 27-year-old Kelly Thomas, described by many in the community as “a gentle, childlike soul.” In Fresno, CA, 28-year-old Raul Rosas, Jr. died after being tasered by police. His girlfriend said "I didn't call the Fresno County Sheriff to kill him. I called because he needed help with his mental illness.” Raul went into cardiac arrest and was denied access to three medical ambulances that showed up to assist.



Recently enacted anti-immigrant laws have given police in the states of Arizona, Georgia, and Alabama sweeping powers to stop people "suspected" of being undocumented on no other basis than appearance. The hostility and racism stoked by these policies have already culminated in violence, as seen in the killing of 15-year-old Sergio Adrián Hernández Güereka by a border patrol agent and the beating death of 42-year-old Anastasio Hernández Rojas at the hands of La Migra. More than one million have been deported under the Obama administration.



Racially targeted mass incarceration exacerbates the criminalization and marginalization of Black people, playing the same role as the Jim Crow laws that sprang from the Virginia slave codes of 1705. In 1954, 90,000 Black people were incarcerated. Now, over 900,000 Black people are imprisoned, a tenfold increase, while the total U.S. Black population has merely doubled in the same period. The U.S. also has the highest incarceration rate worldwide, with 2.4 million people in prison.



Law enforcement continues to harass and sexually assault people, most especially women and the transgendered. According to the website InjusticeEverywhere.com, sexual misconduct was the second most common complaint (following excessive force) against police in 2010, involving 618 cops.



Young schoolchildren are increasingly labeled and treated as criminals by school security and local police. Eight-year-old Aidan Elliot was peppersprayed and handcuffed by Colorado police, and ten-year-old Sofia Bautista was removed from her elementary school, then taken to a NYPD precinct, handcuffed, and interrogated for hours, while police nationwide continue to use tasers on students as young as six.



Meanwhile, repression against those who take action against injustices continues to escalate. Over a dozen activists with Food Not Bombs have been arrested in Orlando for feeding the homeless in public parks. The killings of Oscar Grant, Kenneth Harding, Kelly Thomas, Raymond Herisse, and John T. Williams (in Seattle) were all caught on video. Now, as if in retaliation against the subsequent public outrage, police in cities and towns nationwide have attacked and arrested people merely for recording their activity, while in Illinois, Maryland, and Massachusetts, video-recording the police is now explicitly illegal. Cops haven’t stopped killing and brutalizing people—they’re just making it a crime to record them while they do.



Repression against progressive and antiwar activism has intensified: simultaneous FBI raids on activists from numerous antiwar and international solidarity organizations in three U.S. cities took place on September 24, 2010. Twenty-three activists now face serious jail time for refusing to participate in the ensuing grand jury witch hunts that clearly intend to discourage and intimidate would-be dissenters.



These vicious attacks are not going down without opposition. Whether standing up to police violence when it happens, as we saw in the video of Kenneth Harding's shooting, or organizing inspiring prison strikes in Georgia and California, people are uniting to fight back. Determined outcry from people nationwide against the shooting of unarmed men crossing the Danziger Bridge in New Orleans after Hurricane Katrina has finally brought convictions of the guilty cops and exposed the sort of extensive cover-ups that are routine with police shootings.



More and more crimes against the people are being revealed, as we have seen with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives’ Operation Fast and Furious, which intentionally provided weapons to Mexican drug cartels, and the overturning of over 4,000 convictions of youth in Pennsylvania after it was found that juvenile judge Mark Ciavarella received kickbacks from private for-profit detention centers. Once we have seen the man behind the curtain, how can we pretend he is not there? One thing we know from years of experience is that when this system has to answer to organized people, it can’t easily get away with all the things it's used to doing. Resistance matters.




THE VIOLENCE OF THE COPS, THE COURTS, THE FBI, LA MIGRA, AND HOMELAND SECURITY IS INTENSIFYING. OUR RESISTANCE MUST INTENSIFY AS WELL! Every year, thousands of people nationwide express their outrage, creativity, and resistance in response to the crimes of this system. People speak out and perform, they march in the streets, and more. The October 22nd Coalition to Stop Police Brutality, Repression, and the Criminalization of a Generation embraces and encourages any and all such expressions of people’s righteous outrage.



As said by the mother of Gil Barber, gunned down by a deputy in High Point, NC in 2001, “October 22nd is our day.” ORGANIZE against these injustices! BREAK DOWN the barriers between communities that these crimes seek to strengthen! MOBILIZE people of all communities in the most visible way…and on October 22, 2011, WEAR BLACK! FIGHT BACK!



JOIN US if there is already an October 22nd event in your area. CREATE one if you are in an area where there is currently no group organizing. For listings of activities in your area, check the website www.october22.org. To start building for an event in your area, email info@october22.org