Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
As of today, there is still no criminal investigation. There is an "administrative review of policies and procedures."
Does this case, just based on the evidence in the video, warrant a criminal investigation?
Should the criminal investigation take place before any internal review?
How can an internal review taint a subsequent criminal investigation?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
You do not know if there is or is NOT a criminal investigation. All because the DA is not announcing an investigation, protocol says that they will review it for the possibility of criminal charges.
And, no, there is no need for a criminal investigation to proceed first. In fact, any internal investigation has a one year time limit whereas a criminal one has from one to three years, or more - depending on the allegations. But, in many instances, an internal investigation will defer to a criminal one. If not, and they occur at the same time, they conduct what is called a "bifurcated" investigation wherein the criminal investigators can pass their findings on to the internal investigators, but the internal investigators will not pass along info to the criminal side. Yet, there is always the real possibility that internal info will leak to the criminal investigation and thus poison it.
These things can take time. We've seen the results of rushing to prosecution ... Maryland, for instance. Justice cannot be rushed lest it run an increased risk of failure.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
I called the police chief. He said he is not aware of any criminal investigation into this incident.
This is consistent with what the Public Information Officer told me.
He asked the sheriff to conduct an administrative review.
The sheriff spent 28 years at this PD-6 or 7 as police chief. 22 with the current police chief.
Is it reasonable to ask the CA AG to investigate?
Can a city council make that request?
We are small; everyone knows everyone.
The DA's Office is full of former police from this department, as well.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
I called the police chief. He said he is not aware of any criminal investigation into this incident.
This is consistent with what the Public Information Officer told me.
First I have to ask, what would be the basis for seeking a criminal investigation? Seriously, what does the law say about police use of force and what specific acts shown in the video suggests that use of force laws were violated? Remember how everyone thought the Rodney King tape was so horrible? The judge in the Federal Trial ruled that only the last six blows were excessive and unlawful.
I looked at the video several times. It is shot from a distance, is not clear and does not show much. According to the accompanying news stories, the officers were attempting to arrest a fleeing felon who was violently resisting. The tape does show the officer using force to overcome someone who is violently kicking them and thrashing his body around. At the same time, someone in the background is disingenuously shouting that the suspect is not resisting and is berating the officers for defending themselves. When the suspect stops kicking and thrashing, the officers stop applying force, which is reasonable and proper conduct on their part. I am at a loss to see anything on the video that would support a criminal investigation directed at the officers.
Most use of force is ugly, but that doesn't make it unlawful.
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huntsab
He asked the sheriff to conduct an administrative review.
The sheriff spent 28 years at this PD-6 or 7 as police chief. 22 with the current police chief.
Is it reasonable to ask the CA AG to investigate?
Can a city council make that request?
We are small; everyone knows everyone.
The DA's Office is full of former police from this department, as well.
An administrative review seeks to simply determine whether an officer's conduct violated departmental policy. The Sheriff and DA must first declare a conflict of interest. Were the City Council to request an AG's investigation without such a conflict admission it would be tantamount to a public declaration of No Confidence in the integrity of the Sheriff and DA's office.
Can you cite specific, reasonable facts establishing that the Sheriff or District Attorney would sacrifice their personal integrity or that of their office to cover up a rule violation, or is this just assumption and innuendo on your part?
Because this would be an unusual request made with no reasonable basis in fact, The AG's office would no doubt charge the city for its services. Because money from this year's city budget has already been allocated, supplemental funds would need to come from somewhere to pay for the AG. Depending on the complexity of the investigation, the number of personnel hours involved and whether it would just be handled by DOJ's law enforcement Division or a Deputy Attorney General gets into the mix, you might be looking at up to $35,000 in costs. Any thoughts on where that money might come from?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
"Remember how everyone thought the Rodney King tape was so horrible?"
I remember 2 cops were convicted and sentenced to prison.
"The tape does show the officer using force to overcome someone who is violently kicking them and thrashing his body around."
He was being bitten by a police dog, punched, kicked and beaten by multiple cops with batons.
He he may have been combative, but the batons came out when he was on the ground being attacked.
Do you think the RK beating deserved a criminal investigation?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
"[COLOR=#333333]Remember how everyone thought the Rodney King tape was so horrible?"
I remember 2 cops were convicted and sentenced to prison.
The point he was making was that a court found only a small portion (6 impact blows) of the overall force to be excessive ... and that was on a SECOND trial. What may look like excessive force to the average Joe may not actually BE excessive ... legally speaking.
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"The tape does show the officer using force to overcome someone who is violently kicking them and thrashing his body around."
He was being bitten by a police dog, punched, kicked and beaten by multiple cops with batons.
He he may have been combative, but the batons came out when he was on the ground being attacked.
I have had cause to use a baton on a person on the ground, and have seen a Taser used on a person on the ground as well. Being on the ground does not mean the suspect is complying or not a threat. That MAY be the case, but it is not automatically so. That is why these things are evaluated and not simply sent off to the media to be judged.
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Do you think the RK beating deserved a criminal investigation?
Of course. Though, most people forget about what happened long before the tape was rolling, and what occurred in the minutes leading up to the infamous 2 minutes that were all over the news.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Does this case warrant a criminal investigation?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
Does this case warrant a criminal investigation?
No one here can really say. We don't have all the evidence and making a judgment based on an out-of-context video clip that is of poor quality and does not capture the entire situation would be inappropriate.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
Does this case warrant a criminal investigation?
It warrants scrutiny as do all use of force situations. But, whether that means it should be a CRIMINAL investigation is something no one here can say.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Given the Sheriff is conducting the administrative review and IA cannot share information with criminal investigators, would a criminal investigation need to be conducted by a different agency, altogether?