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Old 10-10-05, 08:36 AM   #1
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Default NO police in hot water!!!

NOPD officers charged in beating caught on tape
Associated Press

NEW ORLEANS — Two New Orleans police officers repeatedly punched a 64-year-old man accused of public intoxication, and another city officer assaulted an Associated Press Television News producer as a cameraman taped the confrontations.

After being questioned, the three patrolmen were arrested late Sunday and charged with battery. They were released and ordered to appear in court at a later date, Capt. Marlon Defillo said. The officers also were suspended without pay, he added.

"We have great concern with what we saw this morning," Defillo said after he and about a dozen other high-ranking police department officials watched the APTN footage Sunday. "It's a troubling tape, no doubt about it. ... This department will take immediate action."

The assaults come as the department, long plagued by allegations of brutality and corruption, struggles with the aftermath of Hurricane Katrina and the resignation last month of Police Superintendent Eddie Compass.

The APTN tape shows an officer hitting the man at least four times in the head Saturday night as he stood outside a bar near Bourbon Street. The suspect, Robert Davis, appeared to resist, twisting and flailing as he was dragged to the ground by four officers. Another of the four officers then kneed Davis and punched him twice. Davis was face-down on the sidewalk with blood streaming down his arm and into the gutter.

Meanwhile, a fifth officer ordered APTN producer Rich Matthews and the cameraman to stop recording. When Matthews held up his credentials and explained he was working, the officer grabbed the producer, leaned him backward over a car, jabbed him in the stomach and unleashed a profanity-laced tirade.

"I've been here for six weeks trying to keep ... alive. ... Go home!" shouted the officer, who later identified himself as S.M. Smith.

Defillo identified the patrolmen as Stuart Smith, Lance Schilling and Robert Evangelist. Smith is an eight-year veteran of the department, and the other officers have each been on the force for three years, he said.

Police said Davis, 64, of New Orleans, was booked on public intoxication, resisting arrest, battery on a police officer and public intimidation. He was treated at a hospital and released into police custody.

A mug shot of Davis, provided by a jailer, showed him with his right eye swollen shut, an apparent abrasion on the left side of his neck and a cut on his right temple.

"The incidents taped by our cameraman are extremely troubling," said Mike Silverman, AP's managing editor. "We are heartened that the police department is taking them seriously and promising a thorough investigation."

Three of the five officers — including Smith — are New Orleans officers, and two others appeared to be federal officers. Numerous agencies have sent police to help with patrols in the aftermath of Katrina.

Under normal circumstances, it takes unusually offensive behavior to trigger an arrest on Bourbon Street. But New Orleans police have been working under stressful conditions since the hurricane.

Officers slept in their cars and worked 24-hour shifts after the storm. Three-quarters lost their homes and their families are scattered across the country.

"Our police officers are working under some very trying times," Defillo said. "So it's a difficult time, but it doesn't excuse what our jobs are supposed to be."

Many officers deserted their posts in the days after Katrina, and some were accused of joining in the looting that broke out. At least two committed suicide.

Conditions have improved — officers now have beds on a cruise ship — but they don't have private rooms and are still working five, 12-hour days.

Compass, the police superintendent, resigned Sept. 27. Despite more than 10 years of reform efforts dating to before he took office, police were dogged by allegations of brutality and corruption.

On Friday, state authorities said they were investigating allegations that New Orleans police broke into a dealership and made off with nearly 200 cars — including 41 new Cadillacs — as the storm closed in.
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Old 10-10-05, 08:37 AM   #2
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Ok.... first the Rodney King episode,... but the stolen cars,... it's a wrap now,...
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Old 10-10-05, 09:47 AM   #3
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I most definitely do not agree with the type of actions that the N.O.P.D. have carried out recently... shoplifting, beatings, auto theft... but with everything that they've gone through in the past month (not to mention the fact that the department was "allegedly" corrupt even before the disasters) is anyone really surprised?
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Old 10-10-05, 10:09 AM   #4
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Quote:
Originally Posted by Leets
I most definitely do not agree with the type of actions that the N.O.P.D. have carried out recently... shoplifting, beatings, auto theft... but with everything that they've gone through in the past month (not to mention the fact that the department was "allegedly" corrupt even before the disasters) is anyone really surprised?

He was resisting arrest.
That deserves a beating by itself.
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Old 10-10-05, 11:41 AM   #5
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Quote:
Originally Posted by Goldark
He was resisting arrest.
That deserves a beating by itself.
He's 64 years old what could he possibly do
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Old 10-10-05, 12:22 PM   #6
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Quote:
Originally Posted by Goldark
He was resisting arrest.
That deserves a beating by itself.
Did you see the tape? I want to know if you saw the tape before you made this comment. The guy was cuffed and FACING A WALL with 3 cops around him when one of the cops just starts firing overhand rights into the side and back of the guy's skull causing his head to rebound off the wall THEN they slam him to the ground, knee him, and beat on his head 2 more times leaving him in a bloody heap with his hands still cuffed behind his back. WTF???

I'm not making excuses for this guy because obviously he was causing a disturbance, but these cops are totally out of control. And not just in New Orleans. For some reason they seem to believe they're above the law and that they have the right to brutalize citizens as they see fit while robbing and stealing to line their own pockets

"Cops beat black man in the street" isn't news unfortunately...it happens everyday allday and there's usually no cameras to record it

PS-I've been charged with "resisting arrest" myself...all because I didn't just let some cop roll up on the scene and manhandle me as he wanted to do without fully knowing what's going on. So "resisting arrest" is a broad charge that can mean any number of things. A cop says "lay on the ground face down!" and if you don't comply immediately you can be charged with resisting arrest, so you're saying if that's the case then the cop has the right to beat you? C'mon man...
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Old 10-10-05, 01:25 PM   #7
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Police officers are granted special powers under the law to enforce our laws and to protect themselves as they do so. Their orders are not debatable at the scene. If you choose to argue, make smart remarks, or defy their orders, expect to be put on your face, cuffed, and hauled away.

1. There are more of them than there are of you.

2. They are armed and far more experienced in the use of firearms than you.

3. Radio travels at 186K miles per seond - it won't take long for them to bring reenforcements.

The place to insist on your "rights" is in court, not on the street. Most c ops reactions can be expected to mirror your own. If you are polite and compliant, they will usually conduct their business with you with a minimum of confrontation and trouble. If you chose otherwise . . . .well, Chris Rock's video illustrates the point perfectly. CLICK HERE
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Old 10-10-05, 02:05 PM   #8
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Quote:
Originally Posted by Lil4X
If you chose otherwise . . . .well, Chris Rock's video illustrates the point perfectly. CLICK HERE
I've seen this before, and it's comical...true. The part that bothers me is that I didn't see the man doing anything that warranted beating his brains out other than running his mouth, as drunks often do.

A badge isn't a license to burgularize, bludgeon, and bully citizens.
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Old 10-10-05, 02:22 PM   #9
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Quote:
Originally Posted by mikeloc24
I've seen this before, and it's comical...true. The part that bothers me is that I didn't see the man doing anything that warranted beating his brains out other than running his mouth, as drunks often do.

A badge isn't a license to burgularize, bludgeon, and bully citizens.
I agree Mike, I saw the tape and was horridified at what happened. And then they went after the camera guy. Definitely out of control, especially on a 64 year old guy. He barely moved to breath and the 3 cops were all over him. Then when they saw the camera guy and they bent him over a car as well.

When force is warranted, that's fine. This case doesn't even come close, I hope they get some jail time and some anger management courses.
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Old 10-10-05, 02:34 PM   #10
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No question that based what we see in the video, the cops overreacted. The man looks like he is unarmed, in custody, and defenseless. It I can't imagine what legitimate purpose could have been served by this beating - but again, we can't see the entire incident from the beginning.
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Old 10-10-05, 03:27 PM   #11
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Quote:
Originally Posted by Goldark
He was resisting arrest.
That deserves a beating by itself.
Say that when somebody close to you gets the isht beat out of them because they didn't comply with an officer's demand because they were in shock, couldn't hear properly, or didn't understand the language or situation. Damn near any non-compliance can be justified/construed as resisting arrest. Unwarranted violence and gang behavior from the boys in blue shouldn't be justified at all. Who are they protecting and serving by beating up on a near senior citizen and news crew member(s)?
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Old 10-10-05, 05:25 PM   #12
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Quote:
Originally Posted by WhiteTiger
I agree Mike, I saw the tape and was horridified at what happened. And then they went after the camera guy. Definitely out of control, especially on a 64 year old guy. He barely moved to breath and the 3 cops were all over him. Then when they saw the camera guy and they bent him over a car as well.

When force is warranted, that's fine. This case doesn't even come close, I hope they get some jail time and some anger management courses.
Exactly Ed. I am of the belief that some folks DO deserve a beating...from the cops, other citizens, or what have you. But based on what I saw on this tape this guy wasn't in a position to do anything other than run his mouth, and as a cop you have to be conditioned to shrug off the verbal assault of a drunk.

The fact that this man was elderly AND already cuffed up is one thing, then factor into it that when the cop initially starts hitting him the man's back is turned and he's face-first against a wall, punching him in the side of his face and back of the head was cowardly at best. Then you see another cop on a horse who appears to try to block the camera by making his horse get in the way, but the cameraman sees this and moves around the horse to get a better shot. Then the cops decide to attack an AP cameraman AND his producer all because they were filming this episode. The AP guy even showed his credentials when he was confronted by the cops and they still didn't care, he got bent back over a car anyway.

I didn't see anything at all in this footage that would speak positively on behalf of these officers. I know they're under a tremendous amount of stress, but that doesn't give them the right to alleviate their frustrations by cracking people's skulls.

I mean geez louise, they beat the crap out of this handcuffed old guy and then left him split open on the sidewalk with his blood running into the gutter

This may be someone's father, or someone's husband...and he's definitely someone's son. No citizen deserves to be treated like this once they've already been subdued and are safely in custody.
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Old 10-10-05, 05:44 PM   #13
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Those cops deserve a beating themselves...

Note in the video the officer on the horse....the jackass knew what they were doing was not kosher...why would he want to block the camera's view.

Payback is a biotch boys!
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Old 10-11-05, 01:49 PM   #14
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A few other points to consider here is,... one,....the whole resisting arrest thing has limitations on it because of a case where a black mentally retarded guy was approached by some cop about something, and when the cop ordered him to do something, of course he didn't understand, and the cop went to beating him, but since the guy was totally coherent, his reactions prompted more beating,... so obviously that use of force prompted a closer look at a cops judgement to exercise physical force to coerce certian behaviour.

Secondly, with the camera crew,....the cop made contact to the reporter, which I think in itself is a no-no,.. just because a cop is a cop doesn't give a cop a right to put his hands on you unless YOU directly are obstructing / hindering his ability to do his job, which they weren't and by no means gives the right for a cop to verbally disrespect any citizen that his job is to protect & serve.

I've seen cops incarcerate bystanders here in Houston,... one guy was just minding his own business, a fight broke out nearby, and he got knocked down to the ground by the people scuffling, and the cops mistakenly jumped on him, and only one of the people fighting, and ruffed him up pretty bad, and threatened the people who were trying to tell them they had the wrong guy.... Hell, the one time in life I went to jail, two dudes were in there for breakin' up the fight, trying to keep the peace,.... so I think we give our law enforcement toooooo much credit some times and more leeway to which is often abused.

I see people stranded on the hwy get passed by officers, and later the officer has someone pulled over for a burned out light bulb over their license plate,... all the while, an old lady needs road assistance.... priorities outta order???
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Old 10-11-05, 01:52 PM   #15
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So now more info comes out. The victim in this situation turns out to be a retired elementary school teacher. Not only that but he wasn't drunk and hasn't tasted alcohol in over 25 years because he's alcoholic. The man was interviewed and made these statements himself during the course of the interview. He's claiming that he was simply walking through the French Quarter on his way to a convenience store to buy cigarettes when he saw the officer on horseback. Somehow the victim and the officer on horseback started talking and the man asked him about the city's curfew when the other officers came by and told him to move along, but not in a nice way. The man then said something to the officers to the extent of, "I'm just talking to this officer on the horse trying to find out when the curfew is" and then one of the officers got peeved that the guy wasn't moving fast enough (he's 64 remember) and supposedly said to him, "I told you to move it along! Now I'm going to kick your ass" and he proceeded to do just that. Once they realized they were being filmed they turned their rage to the AP cameraman and his producer, once these media guys saw what was heading their way they showed their credentials so as to try to diffuse some of the anger from the officers. One of the cops then screamed, "I've been down here for 6 weeks trying to ******* stay alive! Go home!"

I'm glad to hear the Justice Dept. and the FBI have opened a case on this matter. I have a feeling that cops in N.O. aren't doing all they can do to handle their jobs accordingly and the stress is getting to them. But keep in mind this was already a corrupt and brutal police force to begin with so what else would we expect? These guys are gonna get jail time for this. And rightfully so.
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