SWAT Weekend
Radley Balko | November 27, 2006, 7:30am
I spent much of my Thanksgiving weekend behind the computer, thanks to unfolding events in the Kathryn Johnston case, and testy, sometimes petty blog exchanges with defenders of these types of invasive police tactics. If you're interested,
visit TheAgitator.com and scroll.
Unfortunately, there was also more bad news on the SWAT front over the weekend. First, we learned of
yet another raid on an innocent, elderly woman. Sixty-eight year old Merced County, California resident Mary Silva was on the receiving aid of a 6:30am raid because a distant relative police were looking for in connection with drug activity listed Silva's address as his own after a previous arrest. Fortunately, Silva escaped Johnston's fate. She escaped with only some fright, a broken door, and damage to her home. The local sheriff's attempt to deflect responsibility rings rather hollow, though:
That is unfortunate. It's also unfortunate that Pazin's officers didn't conduct a more thorough investigation before kicking down an elderly woman's door.
Meanwhile, there was also
a major development in the
case of Sal Culosi, the Fairfax, Virginia optometrist shot and killed last January when a SWAT team apprehended him for suspicion of gambling on football games with friends. Someone leaked the results of the recently completed internal police investigation to the
Washington Post -- over Thanksgiving weekend, naturally. The internal investigation recommended that Officer Deval Bullock, who says he accidentally shot and killed Culosi when his gun unexpectedly discharged, be suspended for three weeks without pay, and removed from the SWAT team.
That's at least something. But you wonder what Culosi would have gotten if he'd have mistaken the SWAT team for intruders, met them with a gun, and accidentally shot one of them with an inadvertent discharge of his weapon. I doubt that three weeks without pay would be the worst of his concerns.
If you can believe it, Bullock's fellow officers are apparently "outraged" at the punishment, calling it excessive, and "off the charts" in relation to other punishments meted out for previous infractions. A man is dead because of his mistakes. Three weeks seems rather lenient, if you ask me. Of course, you could make a good case that Fairfax County police are a bit spoiled. Local prosecutor Robert Horan hasn't brought charges against a police officer a single time -- in more than 40 years on the job.
It's also unfortunate that more than ten months after the shooting,
Culosi's family had to learn about the results of the investigation from a newspaper reporter, and not the paid public officials who allegedly serve them.
Brendan Perez | November 27, 2006, 3:23pm | #
"Their attitude was way down on anyone who doesn't immediately submit to whatever an officer is doing...the rationale being that no matter what's going on, defying officers hightens the emotion and sense of danger to the officer."
I see. If I defy a cop, his danger-o-meter now goes up and he's now more likely to kill/injure me.
Sounds like they're manufacturing a justification to act like power tripping assholes and seting up a defense for shooting/tasering people who've posed no real danger.
If a cop feels more endangered because someone isn't asking "how high?" when he says "jump", then he has major problems and should stay home to avoid being endangered.
The police, more than anyone, need to feel the swift, cold hand of justice that they're so quick to sic on other people. Let a cop be arrested for disorderly conduct when he/she starts screaming at someone in the middle of the street, they can bail themselves out, take a day out of work to go to court and then pay fines.
I've never been arrested yet, but have had encounters and witnessed encounters that leave me with very little respect for police officers. The ones that aren't power tripping, lying assholes generally stand by and do nothing regarding the ones who are. Even worse, the good cops will usually stand behind
the bad ones well beyond any reasonble threshold of bad behavior.
I've seen cops shove people into cars with little or no provocation The other (supposedly good) officer will laer try to justify it to a spouse or parent who later arrives at the scene as some sort of reasonble form of restraint.
Until cops stop a.)acting like the criminals they're supposed to be protecting us from, and/or b.)covering up for the above, they will get no respect from me.
If someone busts down your door in the middle of the night, it's probably a criminal. They could be wearing street clothes and be unemployed or they may wearing uniforms and work for the police department; either way, treat the latter like the former until it can be ascertained if have justification to be there.
In what other field do things like this happen, where legal, ethical, moral violations are routinely covered up by co-workers?
Imagine if every bank treated theft from customer accounts like no big deal as long as it was under a couple hundred dollars, perhaps suspending the teller for a week or so with pay while they investigated? Imagine that bank branch managers were mostly indifferent to the complaints of customers who reported missing money, sometimes the manager going as far as to accuse the complainant of lying and threaten to seize the remainder of the account's contents and close it. Imagine further that it was routine,common, maybe even expected, for other tellers to cover up these actions.
There would be massive outrage, which would be followed by a mass movement away from that bank.
I used to think police services were one of the few things that the free market shouldn't do, now I would love to see it. Could it really be any worse than what we have and what we will have if we just keep letting this shit happen?
Nobody Important | November 27, 2006, 4:20pm | #
I've probably posted this before, but what the heck?
from the
Colorado Revised Statutes (emphasis added)
18-8-103. Resisting arrest.
(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
(2)
It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his official authority" when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
(3) The term "peace officer" as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
(4) Resisting arrest is a class 2 misdemeanor.
18-8-104. Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer.
(1) (a) A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
(2)
It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in section 18-8-103 (2).
(3) Repealed.
(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.
(5) For purposes of this section, unless the context otherwise requires:
(a) "Emergency medical service provider" means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.
(b) "Rescue specialist" means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.