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  1. #1
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    Jan 2012
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    Cool Police Using Excessive Force when It Was Not Needed

    My question involves civil rights in the State of: Utah
    I witnessed what I believed to be a police officer using nearly lethal force when it was not needed at all. A fight broke out at a bar I was at and it was broken up and the people were told to take it outside which they did with no problem. They went outside and squared back off and began to fight again (fair fight just fists no weapons) one guy got the other guy wrestled to the ground and was hitting him when out of nowhere a cop showed up and ran up to the guy that was on top of the guy on the ground without a warning or nothing took out his bayonet and struck the guy that was on top in the temple of the head and eye knocking him to the ground nearly popping out his eye. (The cop may have struck him twice in the head by the look of the bruises) This broke up the fight but when one kid walked over to see how the kid that got hit was doing laying on the ground bleeding the cop struck him in the head as well severing his ear (the night before his wedding by the way). So I guess what my question is it legal for the police officer to hit someone in the head with a metal bayonet? I saw no need for the officer to even have the bayonet out let alone hitting people in the head with it. (There were no injuries sustained by either guy that were fighting all injuries were caused by the police)

  2. #2
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    Jan 2006
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    Default Re: Police Using Excessive Force when It Was Not Needed

    You have cops in Utah that carry metal bayonets? Seriously? Does their shift commander carry a sword?

    but generally, the first action does not sounds totally unjustified. A cop doesn't have to get in the middle of a fight to attempt to break it up.

    as to the second kid getting hit; based only on the facts presented, it doesn't sound proper but that is based solely on what you posted.

  3. #3
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    Default Re: Police Using Excessive Force when It Was Not Needed

    Quote Quoting banditman
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    one guy got the other guy wrestled to the ground and was hitting him when out of nowhere a cop showed up and ran up to the guy that was on top of the guy on the ground without a warning or nothing took out his bayonet and struck the guy that was on top in the temple of the head and eye knocking him to the ground nearly popping out his eye.
    I suspect you meant to write "baton" and NOT "bayonet."

    A baton strike to the head is generally prohibited unless deadly force is also authorized. Though it is possible that he was aiming for an arm or shoulder and missed. Given the circumstances as you describe it is possible that the officer felt that the party being beaten on the ground was at risk of great bodily injury or death. It could be that the officer felt that immediate action was necessary to save the victim. (I am not certain about UT law, but in my state if you have someone on the ground and are smacking him in the head on the pavement, that's ADW and might justify such a response.)

    The party who got whacked in the head by the officer can speak with an attorney about the possibility of a lawsuit. You can contact the department with what you saw and make a complaint about the officer's actions. You can also let your name be known to the party that got clubbed and let him know you are a witness.

    The guy who got whacked, what did he get arrested and/or charged with? Anything?

  4. #4
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    Default Re: Police Using Excessive Force when It Was Not Needed

    Quote Quoting banditman
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    This broke up the fight but when one kid walked over to see how the kid that got hit was doing laying on the ground bleeding the cop struck him in the head as well severing his ear (the night before his wedding by the way).
    So you know the person who was hit in the ear - do you know all of the people involved?

    What instruction did the police give to bystanders while breaking up the fight? Did the person who was hit in the ear disregard their instructions? They may have believed he was going to attack the victim.

  5. #5
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    Jan 2012
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    Default Re: Police Using Excessive Force when It Was Not Needed

    Yea sorry meant baton wasn’t paying attention when I spell checked it. I believe all three of the guys got arrested not sure what the charges are yet but I no the one guy that got hit in the eye I’ll ask him what they said and post it. Is it normal for the cops to use that much force and then not even have an EMT check them out before taking them to jail? As hard as the cop struck the guy that was on top he could have easily had a concussion or fractured skull. (The kid that lost the ear did go to the hospital)

    - - - Updated - - -

    I no two of the guys that were involved. I dont believe there were any instructions given by the cops at first they just ran in and started hitting those guys then they just said to get back and go away. ( It was hard to hear loud music coming from the bar)

  6. #6
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    Default Re: Police Using Excessive Force when It Was Not Needed

    If they appeared to have been injured or said they were injured, it might be common procedure to get a medical clearance unless the jail has a medical ward that can handle the issue.

    From your account alone, it seems excessive. However, I strongly suspect the officer did not just decide to tee off on a couple guys' heads for no real reason. He may not have had a good reason, but there was almost certainly something more than a couple guys having a friendly fight and another guy moving in to examine someone.

    So, offer to be a witness and/or make a personnel complaint if you choose.

  7. #7
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    Default Re: Police Using Excessive Force when It Was Not Needed

    Quote Quoting banditman
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    I no two of the guys that were involved. I dont believe there were any instructions given by the cops at first they just ran in and started hitting those guys then they just said to get back and go away. ( It was hard to hear loud music coming from the bar)
    It would appear from your story that the two guys you know are the ones who were hit; so it might not be unreasonable for the police to see one of your friends rushing toward the victim of a beating by another of your friends and think, "This guy's out to do some more harm."

    The statement, "by the cops at first they just ran in and started hitting those guys", is not consistent with the statement, "This broke up the fight but when one kid walked over to see how the kid that got hit was doing... the cop struck him in the head as well".

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