Home / Delaware Cops Caught on Video Tasing and Kicking Non-Resistant Man in Head

Delaware Cops Caught on Video Tasing and Kicking Non-Resistant Man in Head

 

Police in Delaware were caught on video repeatedly tasing a man and kicking him in the head, even though he wasn’t resisting.

If anything, Jeremy Anderson, 34, was using his arm to stop Rehoboth Beach police officer Robert Witman from tasering him again.

Wittman responded by kicking him in the head at least twice to the horror of the man’s wife, who did a great job of recording the altercation, even if she did hold the phone in a vertical position.

The incident is now “under investigation,” which we all know is cop code for sweeping it under the carpet until we all forget about it.

The incident took place April 7 while Anderson and his wife were on vacation from Pennsylvania. Anderson got into an altercation with a hotel worker for a room key and police were called.

Police told some media outlets that Anderson then made a “threatening gesture” towards them, which is why they had to tase and kick him.

But the video shows Anderson attempting to comply with their orders after they ordered him to place his hands behind his back.

Well, he did say “fuck you” before placing his hands behind his head, which was when they tased him the first time.

And while that might not be the most pleasant thing to say, they are not “fighting words,” which means his “fuck you” is protected by the First Amendment as numerous courts have ruled.

According to WUSA9:

Police Chief Keith Banks has seen the video and says an internal investigation will determine with police procedures were followed.

Rehoboth Beach Mayor Sam Cooper told us: “Right now all we have is the video. It is what it is. Obviously something happened before this incident.”

Mayor Cooper says he’s awaiting the outcome of the full investigation before passing judgment. He says, “I would think the officers would want the same thing.”

Anderson was arrested and charged with disorderly conduct, resisting arrest, and offensive touching of law enforcement. 
He spent two nights in jail.

 

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.
  • deathfrogg

    SOp for cops anymore. They’d rather beat the hell out of someone than actually enforce the law.

    • rick

      Stomping on a man’s head can NEVER be a justifiable use of force. I hope to see assault charges brought against Officer Taser.

      Next, I disagree with taser use when suspect is not a threat to officers or himself.

      • Difdi

        You can get civilian TASERs. I wonder what the charges would be if she had one and used it on the guy kicking handcuffed suspects in the head?

        If it’s as harmless as police like to think, they could all have a good laugh at the harmless prank she played on him. More likely, they’d draw their guns and take down the (pregnant) perp.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          The proper police response to someone deploying a taser on them is to use deadly force.

      • steveo

        The stomping part probably is excessive, but when a leo’s pointing a taser at me, I figure he’s going to use it, so just go with him willingly, all he can do is take you down to a place where you wait to talk to the judge. Agreed that you probably have to wait for a while and suffer through some pretty bad food or you can just call a bail bondsman and get out in a few hrs, then the real suffering starts with the trip through the system.

        Alot of people think Rodney King deserved the beat down he got. Rodney was high on angel dust and probably an assortment of other mind altering substances, but I’m in agreement that no one deserves a beat down from leos for anything. Just use the force necessary to effect the arrest. Here it’s probably argue-able that the leos just used the force necessary.

  • Tony Loro

    Three of the top email contacts at the PD are bouncing.

  • Tijuana Joe

    I always take 100-200 mg of PCP when I go out in public so that I am

    completely taser-proof.
    But that’s just me.

  • LBrothers

    Over 500 taser-related deaths have been reported in this country in the last ten years. Tell me again how they’re non-lethal.

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      The actual term is “less-lethal” and less than 0.3% of incidents have resulted in death.

      • rick

        http://phys.org/news111080086.html
        Your number comes from a review of 1000 cases.

        Total taser use is not reported, therefore percentage resulting in death can be accurately determined.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Actually, it can be statistically determined using proper sampling techniques.

          There is not another study that I am aware of showing a higher percentage of serious injuries.

  • Bill Larson
  • FritzMuffknuckle

    Attorney Scott Greenfield over at Simple Justice discusses a key question from this video, are police allowed to use Tasers as a compliance tool? I thought the courts had ruled they can only be used in self defense or when there is a perceived threat, but what do I know? Here’s his post:

    Taser: Tool of Compliance or Weapon of Force?
    http://blog.simplejustice.us/2013/04/15/taser-tool-of-compliance-or-weapon-of-force.aspx or

  • juan santana

    WELL I ALWAYS HAVE A COOL HEAD WHEN IT COMES DOWN TO DEALING WITH POLICE.HIS WIFE DID GREAT JOB FILMING THEM GOOD LUCK AND I WILL PRAY FOR THERE FAMILY

  • James Nimmons

    well the head stomp was uincalled for but he kinda asked for most of that. IM sorry but even if youre being mistreated his physical behavior after the first tase..is what made it go downhill.. the ONLY thing they have is that the officers wouldnt identify themselves..and they stomped on his head..that was stupid in their part. Also they didnt charge him with anything. read him his rights..(that i could hear) you can be charged with resisting arrest if you were not stopped for some other reason that cops MUST provide. Of course ppl will resist if no charges are stated and police ask you go go with them. but he looks drunk or something..or maybe hes just an asshole but most of that ..Jeremy brought on himself.

  • Difdi

    Please stop screaming, we can hear you just fine if you keep a cool head and speak normally.

  • Difdi

    If the department investigation (which will likely be behind closed doors with zero transparency or public accountability) finds the officers acted completely within department policies and procedures they will not face any administrative punishment, they are unlikely to be charged with any crimes, and it will become MUCH more difficult to sue them.

    But they used TASERs on him because they didn’t like his use of his freedom of expression, even though he was complying with orders. Then one of them kicked him in the head while he was in handcuffs and pinned down by two officers. If that is in accordance with department policy, then the rot runs deeper than just one or two officers.

    As far as I know, the RICO Act is almost never applied to a police department, but there are departments that precisely fit the description of a corrupt organization under the Act. The law was written to make it easy to take down criminal conspiracies, which means that a surprising number of police departments fit the definitions in the Act.

    But, like a lot of laws on the books, it’s seldom enforced.

  • Difdi

    TASERs are less lethal than firearms, but more dangerous than anything else an officer carries. The close-quarters mode, called a drive stun, lacks the incapacitation effects of the darts, and is basically a cattle prod. Administering electric shocks to people causes pain, and doing so to coerce people into things is torture.

    Shooting random people with TASER darts is assault/battery with a dangerous/deadly weapon (depending on terminology used in local statutes). But police are often trained to regard the force spectrum as Oral > TASER > Spray > Baton > Gun, when in actuality, given the actual danger of the devices, the spectrum is Oral > Baton > Spray > TASER > Gun.

    You wouldn’t use a gun as a compliance device, but that’s pretty much the danger level that rapid repeated TASER shocks amount to.

  • Difdi

    In order to make a lawful arrest, a police officer must witness a crime occurring or have a report of a felony being committed or have an arrest warrant signed by a judge.

    The video starts too late to find out which of those, if any, the man qualified under. For all we know, he could have punched the cop who kicked him before the video started. But once he’s in handcuffs and pinned face down by two cops, kicking him in the head is no longer use of force in the line of duty, which makes it unlawful — assault & battery.

    It’s entirely possible the arrest was justified. Perhaps he has a warrant out on him. Perhaps he committed a crime in front of an officer. Perhaps he matched a report to police of a burglar. But it’s also possible that he did something perfectly legal that police don’t like and was the victim of a crime committed by the police. Making a false arrest is a crime in a fair number of places, and an officer committing assault & battery outside of the line of duty always is a crime.
    An arrest must be for a crime that has occurred or is about to (probable cause). If the only charge against you is resisting arrest, then that is a very good indicator the arrest itself was unlawful. An arrest cannot legally take place until probable cause occurs, and you cannot justify an arrest, traffic stop or a search after the fact. The officer must have lawful cause before he acts.

    But here’s the thing. Even under arrest, you retain your constitutional rights. Want to drop f-bombs every second word when talking to an officer? Want to call him names? You legally can. And he legally cannot retaliate. Police are supposed to be professional law enforcement, not vigilantes. When an officer decides on a punishment and administers it, at that time he is a violent criminal not a cop. Criminals don’t deserve your sympathy.

  • steveo

    In FL, ask the expert Carlos Miller, you can be arrested for resisting arrest before being arrested. And because this is a misdemeanor, your case gets heard in county court which is usually presided over by an ex-prosecutor turned judge. If the state tells the judge that they aren’t asking for jail time, you don’t get a jury. Normally, with this kind of misdemeanor, the states attorney doesn’t even read the Pca or facts of the case until right before the “trial”. For this charge, the leos may not lie outright on the Pca but trust them to exaggerate to the full extent of the law. Only sometimes do leos read your Miranda warning and that is only necessary if they are going to question you, here they were past the questioning stage.

    It is not lawful in FL to resist with violence even if you are being arrested unlawfully. You can resist without violence, even if that’s possible, if you are being arrested unlawfully. The courts in FL are somewhat split on the head long run whether that’s resisting or not. They are agreed that after a suspect knows that a leo wants to detain him and he resists by a head long run the leo can arrest him for resisting if he is in a “high crime area”. So you can run from cops on West Palm Beach or Longboat Key, but not in Liberty City.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I’ve got to disagree on a good deal of this. At the start of the video, he is told to put his hands behind his back, instead, he stands up. That’s when he got tased the first time, and is appropriate. At that point the officers had justification to either go hands on (both empty / hard hand control tactics) or to an impact weapon (baton). The taser in those cases is less likely to cause injury than either of those options and would be the preferred measure in the use of force continuum.

    At about 0:25-30, he is being told to lay down, but refuses to comply. The officer uses a contact stun, at which point the subject swings his arm at the officer and apparently makes contact with the officer’s hand or arm. At 0:51 he is told to put his hands behind his back but does not comply. The officer’s do not go in, but observe for a few seconds and then one officer takes the subject’s right arm and moves it behind his back. At 1:15, the suspect refuses to put his left arm behind his back and sweeps his arm at the officer on his left. Another contact stun is administered, again, appropriately.

    At about 1:30-33 the officer with the taser kicks the suspect in the head twice. This is clearly inappropriate and is not taught by any police defensive tactics / use of force method that I am aware of.

    Except for the one officer kicking him, the other actions were appropriate for handling a non-compliant, obviously intoxicated subject.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    The use of force continuum is not quite like you stated. It goes:

    1. Officer presence

    2. Verbal commands

    3. Empty hand control / OC (pepper) spray

    4. Hard hand control & strikes

    5. Impact weapons (batons, CS (mace) spray, K9, taser)

    6. Incapacitation (sleeper hold)

    7. Deadly force (firearm)

    There are some differences, but that’s the basic continuum.

  • rick

    I don’t understand why Officer Taser casually stands around zapping here and there when the other cop is already hands on. Wouldn’t that be the time for him and the third cop to swarm and subdue the suspect?
    I certainly object to the illegal stomps to the head.
    I ask, what charges should be brought against Officer Whitman for stomping a suspect?

  • Carlos_Miller

    Why do cops find it so hard to understand why people don’t automatically comply with their orders when they are tasing a person repeatedly?

  • rick

    These cops were out of sync and made the handcuffing more difficult than needed. Cop #1 was substituting his taser for patience while cop #2 seemed more apt to let the arrestee calm down first.
    Also, I see the situation differently. Arrestee is agitated and non-compliant, but not approaching cops or attempting to escape. His hand are on his head and he is stationary when he if first tased. In fact he was so non-threatening cop #2 had his back turned toward the arrestee after the first shock.

  • bj

    People are not robots and they do not deserve to be violently treated because they don’t instantly sit and bark when commanded to by their public servants. What’s critical when it comes to application of force is whether the LEOs or others in the vicinity are in physical danger, not whether someone complies within every order within seconds. It appears from what I can see that the LEO’s hadn’t even told the accused why he was being arrested. Wouldn’t a decent human being have just talked with the man; I thought he was being quite reasonable and had no weapons to speak of. C’mon, can’t cops use their common sense and behave like peace officers rather than pumped up security guards.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I would have to research Delaware law, but it would appear to be some form of battery.

    The officer with the taser should not engage in hands-on while he has the taser deployed. Think of BART and Oscar Grant. He’s OK as far as standing by during that, as far as I can tell from the video.

  • Phillip D Breske

    While I usually agree with Carlos’ summaries of these videos, this one was way off. At no point did I see a guy was non-resistant. I will say that the cops went too far with the kick to the head. That is clearly a violation of the suspect’s rights. I also think they will lose in court when she produces video evidence of one officer telling the wife that he was under arrest for resisting arrest. This whole thing is fucked up.

    Also, I hate the wife. If I were married to someone this annoying, I’d want to spend a night in jail, too. She finishes less than half of her sentences: “Can I just take him…” [sigh]. “He’s my husband and he’s … oh … Jeremy! Just please st— … oh.”

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    It’s the way they are trained. If you’ll notice, the officer applies the taser, then pauses to observe what is happening, then goes to contact stuns.

    This one is actually better than most I’ve seen. I’ve seen officers go to repeated stuns (both barb and contact) without pausing. I don’t know why that is, other than possibly the adrenaline dump that occurs in those situations. I know in the fights I’ve been in, a number of factors kick in, from a sense of time passing in slow-motion to auditory exclusion and tunnel vision. Which ones kick in vary from person to person and even from event to event.

    Officers have so many tools now, but a limited amount of training. It is a perishable skill that needs to be reinforced with training, much like a boxer (or nowdays a UFC fighter) trains continuously. Most departments only do refresher training annually, which in my opinion is not enough, but there is never enough in the training budget for all the training that is needed.

  • steveo

    This probably isn’t possible, but I would love to do a scientific study with using actual police or two people in leo uniforms walk up to random people on the street and tell them that they are under arrest and see what the reaction would be. When a leo tells you that you are under arrest, he isn’t going to un-arrest you. But people have all kinds of different reactions when told that they are under arrest. But what is incredible to me, when we looked at a local police dept’s use of force numbers, it was less than 2% of the actual arrests. And use of force meant, anything more than saying put your hands behind your back. Which indicates to me that 98% of the people just go along. Tasing was incredibly rare when compared to the number of arrests every day. This leo may have gone overboard with the taser but the citizen didn’t just let him put on the cuffs and he stood up. What the heck did he do that for? That’s going to get you beat on everytime. And remember one of the rules of police encounters, “Don’t go out with a mad woman”.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Oh, and I forgot to mention, this is not a step by step continuum. If necessary, an officer can go from #1 directly to #7, or any level in between.

  • rick

    True, perhaps better title would be “Delaware cop stomps on man’s head during arrest.”

  • Carlos_Miller

    He placed his hands behind his head and said “fuck you” and got tased. That’s what we saw on the video. After that, how can we expect any normal person to be complying with every order in a passive way?

    I would be fuming if I got tased just because I questioned somebody’s authority.

    I know you don’t agree with my style, so that’s cool, but I never come across physically threatening to anybody with a badge, so there is no reason for some power-crazed asshole to attack me.

    And as for his wife, she did a great job documenting the incident and getting the cop’s name.

    Screw these cops. I’m sick of their arrogance and unprofessionalism. I’m sick of the way cops believe they can turn violent on you for whatever reason they make up.

    Seriously, fuck these assholes. Strip them of their badge and gun and they will be scared little chickenshits.

  • Difdi

    I simplified things, but my progression is accurate in terms of which items are more dangerous.

    OC is not as harmless as people tend to view it, never forget it’s a chemical weapon. I remember reading a label when I was a law enforcement explorer, and it had directions not to deploy it if first aid could not be provided within five minutes of exposure.

    CS is really nasty stuff, which affects some people more (sometimes fatally) than others. CN (not on your list) is instantly fatal to about one person in 10,000 which makes deploying it somewhat risky given it can blow around on a breeze and large crowds can have a lot more than 10,000 people present.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Actually, it is not because of the danger of the taser, it is because it incapacitates the officer. The last stat I had was that when someone incapacitates an officer, 87% of the time the person will take the officer’s weapon and kill the officer with it. The use of a taser against the officer is just under 90% likely to end up with the officer dead.

    The taser itself is not deadly, and the likelihood of death when the taser is used by an officer is extremely low.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    I should have listed CS as CS/CN.

    There is another reason that they are in two separate categories. Oleocapsicum resin is an oil that mixes in its carrier and will not do physical damage to skin or mucus membranes. It is an inflammatory and is not a “chemical” agent, per se.

    CS and CN are solid particles that are suspended in the carrier. Either particle can cause actual physical injury, such as scratching the lens of a persons eyes. It is a true chemical agent. CN is almost never used anymore.

    The difference in level is due to the potential for injury. OC is not near as likely to injure as CS, so it is lower on the continuum. But speaking from experience, I would much rather face CS than OC – it hurts a lot less. I can function when hit with CS, it is much more difficult with OC.

  • Difdi

    Granted, that tends to be how it plays out with criminals. But the thing is, can you see the problem inherent to regarding someone trying to defend themselves WITHOUT deadly force being treated as a deadly force attack?

    There are situations where you might have to resist an officer (very rare but possible) and if the officer response to non-lethal force is to draw his sidearm and open fire, it would necessitate deadly force in self-defense.

  • Rail Car Fan

    ExCop-LawStudent said in part.. “The taser itself is not deadly, and the likelihood of death when the taser is used by an officer is extremely low.”

    We all know that the above statement isn’t true. Any time a taser is used on a person leads to the susceptibility of that person dying.

    Ask yourself the following.. “The people who have died after being tased, would they still be alive if they hadn’t been tased?”

    Of course we know the answer to that. “Yes, they’d still be living,” (under normal non-tased conditions).

    Rail Car Fan

  • http://www.facebook.com/kevinand.tangela Kevinand Tangela

    If a peace officer tried to detain me with such use of force unwarranted he would find himself in the same position as Officer T.Keller of NCCP of which was treated onsite/scene for multiple subdural contusions and bereft of pride for misguided, unwarranted and illigitimate use of force.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Don’t use a taser. Use another means of self-defense.

  • bj

    100% right.
    What a bunch of violent bullies.
    I reckon his wife did a great job seeing as her husband was being electrocuted and stomped in the head. No excuses for this excessive force. It was assault.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Carlos, I hope that you won’t mind that I continue to disagree with you in part.

    I agree that the kicks were uncalled for and inappropriate–the PD should take action on that to show that it is not acceptable.

    On the other part, it appeared to me that the subject was non-compliant from the start. Why was he sitting on the ground? In my experience, an officer will have an officer sit down if there appears to be a potential for physical confrontation from the subject. This is a control measure. Additionally, when the video starts, the one officer already has the taser out. This indicated to me that there had already been non-compliant actions on the subject’s part. What happened prior to the video starting?

    I’ve looked at the videos of your arrests and this one, and there is a significant amount of difference between the two. You repeatedly stated that you were not resisting and none of your actions could be construed as resisting. You were sober. You didn’t sweep your arms at the officers. That’s just a few of the differences.

    When an officer is justified in going hands on, a lot of times it is not pretty. It is sudden, it is fast, and it can appear to be shocking. That doesn’t always mean it is inappropriate.

    You do a great job here–the videos of the arrests in Louisiana and San Diego and the bogus (in my mind) charges for exercising First Amendment rights need to be brought out to the pubic eye. I just don’t see this one in the same light.

  • Difdi

    In other words, don’t try to spare the cop’s life, just shoot to kill?

    That’s nuts.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    On the second part of your comment, I had to laugh. “That’s bold talk for a one-eyed fat man.” (Quote being based on my having a bad eye – though not blind in it – and my being fat) (And Bridges was much better in the role that Wayne)

    I had an officer that did that, looking up the charge after the arrest. It pissed me off every time, and I constantly was on his ass about it. I would show up on his arrests, ask what the charge was, and he would start to tell me a narrative on why the guy needed to go to jail. I would tell him he had five minutes to tell me the actual charge or to cut the guy loose.

    An officer should always, 100% of the time, know the exact charge that he is arresting on, prior to making the arrest. No exceptions.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    That is not what I was implying.

    What I was saying is that to use a taser against an officer is the equivalent of using deadly force, because of the stat I mentioned above. Use some other, non-deadly force, means of self-defense.

  • steveo

    Once I got detained by a leo for contempt of cop about 40 years ago, I was just walking down the sidewalk and the leo started yelling at me from his patrol car and I ignored him and he drove the car over the sidewalk and cut me off. ( I guess that would be an example of “does the citizen know that he is not free to leave”)
    Even then, I knew enough to remain silent, that pissed him off even more. He didn’t put me in handcuffs though and then a sgt came by and they took out the statute book that looked like a phone book, searching for something to charge me with, and the only thing they could find was “walking the wrong direction on the sidewalk” which was probably bullshit from the sgt. This took about 25 min, then I asked if I could leave and he said sure.

  • steveo

    Mr. Cogburn, how many people have you shot?

    Rooster: I ain’t shot nobody that didn’t deserve it.

    Lawyer: How many members of the Warton family have you killed?

    Rooster: Immediate, or?

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    What had occurred prior to the video being started?

    Why was the suspect already sitting on the ground?

    Why did the officer already have the taser deployed?

    We don’t know. We do know that the suspect was not compliant. We do know that he appears intoxicated.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    It happens. It’s not right, but it does happen.

  • bj

    Questions aren’t proof of anything. Make your point instead.
    We do know that being intoxicated is not a crime. We also know that people don’t always, in fact rarely, completely comply with every order when being arrested. That cop with the taser is a fucking sadist.

  • greenthumb07

    Maybe his keyboard is stuck on caps. Caps doesn’t mean screaming to everyone, you know.

  • Carlos_Miller

    Anybody is always free to disagree with me on this blog. It’s true we don’t know what took place before the video but we do know he didn’t have a weapon in his his hand and he placed his hands behind his head, even if he said “fuck you.”

    When you say non-compliant, that could mean he wasn’t following orders down to a tee.

    I’ve seen countless of these types of videos and many times, the cops are barking conflicting orders. “Sit down!” “Stand up!” “Turn around” “Put your hands up” “Put your hands down.”

    Tasers should not be used when a person is not immediately responding to their commands but otherwise not being violent or threatening because that only escalates the situation into a potentially violent or threatening situation.

    I’ve never been tased but I can imagine I would be so enraged I would want to stick that taser gun up the cop’s ass.

    The fact that cop kicked him in the head twice already shows he has power and control issues, which is probably why he had the taser out in the first place.

    A true professional knows how to deescalate a situation rather than escalate it.

  • Difdi

    If an officer reacts to any attempt to incapacitate him as if it were deadly force, and nothing short of incapacitation will serve as effective self-defense (in those few situations where it is warranted), then it really does come down to deadly force all the time every time.

  • n4zhg

    Which only means you’ll be beaten half to death for contempt of cop.

  • Difdi

    No, they just mean screaming to everyone on the internet since the late 1980s.

    But you’re right, that’s not everyone.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Actually, under 11 Del.C. § 1315, public intoxication is a misdemeanor.

    As
    to proof, where was I bound to prove anything? The video does not
    present all of the evidence in the matter, and definitely does not show
    what went on prior to the video.

    We, who have worked in the field, know that people almost always, in the range of 98-99%, comply with instructions of officers.

  • rick

    http://en.wikipedia.org/wiki/Taser_safety_issues#Deaths_and_injuries_related_to_Taser_use

    “Jared Feuer, reported that 277 people in the United States have died after being shocked by a Taser between June 2001 and October 2007, which has already been documented. He also noted that about 80% of those on whom a Taser was used by U.S. police were unarmed.”

    The above raises a very important point, that is ‘unarmed’. The remaining question is how many of those 80% were an actual threat to police? Read the yearly reports on how those people died.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Actually, the statement is true. “[T]here is no conclusive evidence within the state of current research that indicates a high risk of serious injury of death . . . .” Study of Deaths Following Electro Muscular Disruption: Interim Report, Nat’l Inst. of Justice (2008).

    99.7% of taser use has resulted in “minor or no injuries”, meaning that the death rate is less than 0.3%. Michael D. White & Justin Ready, Examining Fatal and Nonfatal Incidents Involving the TASER 8 Crim. & Pub. Pol’y J. 863, 868-69 (2009).

  • thebronze

    That’s a load of BS. The Taser has been proven safe. If someone dies as a result of an application of a Taser, it’s almost ALWAYS the result of some type of medical malady, such as Exited Delirium.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Not exactly. A taser instantly incapacitates, other methods will or may not do that.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    “Them hogs rootin’ around, they might have moved him. I do not remember.”

  • bj

    That’s a made up statistic. Seriously, do you think because you used to be a cop you can just make up crap and people are going to believe it? C’mon man, make your point but no need to make shit up. My assertion, based on my experience and observation, is that people’s responses to cops range from full immediate and unquestioning compliance, regardless of the situation, to complete non-compliance. In between these extremes lay the majority of people. Circumstances, the clarity and reasonableness of the orders given, the subject’s background, state of mind, and a large number of other variables impacts compliance. Your personal experience (or your memory of it) may differ but then maybe you gave reasonable orders, didn’t work the toughest areas or times have changed. ‘We who have worked in the field, know that….’ makes you sound like a dick. You think you can speak for all other LEOs because you used to be one? What a joke.

  • steveo

    I agree with this number because we had an incident with the Sarasota PD where a leo kicked a drunk Latin guy that was captured on a security cam. This led to a citizens review panel being set up and they reviewed all the arrest statistics for the past 5 years and found that less than 2% of arrests involved the use of force, which was defined as anything more than just putting the handcuffs on. OIS and tasers were like less than 1/2 of 1 percent. 50% of the daily arrests are for bench warrants because the citizen didn’t show up for court or didn’t pay fines or violated probabtion. Those people are used to going with the leos so they just say ok.

    Court also has ROR with call in, if the judge thinks you’ll show up for court. But you have to call the office on Tues and Thurs and they ask you what your court date is. Amazing how many people fxxk that up. Our county averages about 40 arrests everyday and if it wasn’t for bad drivers, alcohol, and certain drugs, we wouldn’t need any cops.

  • steveo

    Also, if you really want to piss off a cop, just remain silent. They hate that more than anything. If they tell you to get out of your car, get out of the car, put your hands behind your neck and lean against the car. When the leo asks you what you’re doing, say, the ACLU says that if you order me out of the car, I’m under arrest, so there’s that. Take me to the judge.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    In 20 years I worked everything from low income housing projects to upper class neighborhoods.

    If you want a cite, try Police Use of Force in America, IACP (2001). In a database that covers almost 46 million calls for service and a population base of 150 million, the IACP found that police used force 3.61 times per 10,000 calls, or a rate of 0.0361%. In the almost 175,000 reported use of force incidents, excessive force was used only 0.42% of the time force was used, or 0.0152% of the total police-citizen contacts.

    That pretty much fits with my experience.

  • Difdi

    Think it through.

    The case I mentioned where the court found it is lawful to resist a police officer was an extreme one, but the circumstances could occur again, and likely have at some point since the ruling.
    Ineffective force doesn’t alter the situation, you’re still in danger but now the officer is angrier. Effective but non-incapacitating force means the officer is injured, probably scared and angrier. The same occurs if your first blow doesn’t instantly incapacitate him.

    But if he regards an attempt to not kill or injure him as proof of deadly intent, then you will ultimately have to kill or be killed, since any defensive act you can make will either not work or will convinced him his life is on the line.

    For a soldier, the concept of kill the enemy or the enemy kills you works. For someone who is supposed to be making arrests not filling graves, the idea that either they kill or they die is a good way to unnecessarily fill those graves.

    Which brings me back to what I said earlier. Is the only viable solution to an out of control police officer to shoot to kill? It sure sounds that way from what you’re saying. Anything a citizen can do in such a situation will result in a dead citizen or a dead officer with no middle ground based on what you’re saying.

  • bj

    Your original stat was about the percentage of people who comply with officers. Use of force is not a complete or truly representational measure of compliance. In many instances people don’t follow orders immediately and completely, and use of force does not follow. Negotiation and discussion occurs in these instances. Your original stat was made up and ‘we who’ve worked in the field, know…’ was an attempt to say ‘you weren’t a cop, you don’t know what you’re talking about as much as us guys who’ve been on the front line’. That’s bullshit and arrogant.

  • Rail Car Fan

    It’s obvious you missed my point about those who have died after being tased, so I’ll try to simple it down for you.

    Someone’s tased.. and (as a example) 5 minutes later they die.

    Are you really going to try to convience me that if they “weren’t” tased they still would have died the same exact way exactly 5 minutes later..!!..?

    I don’t think so.

    Rail Car Fan

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    No, but I can also point to examples of individuals who died 5 minutes after fighting with officers also without a taser.

    It has also been statistically shown that there are far few injuries to individuals being tased vs. going hands on, and the severity of the injuries are far less serious.

    Of course, there is a simple way to solve the problem. Tell the a$$hats not to fight with the officer. Wait–isn’t that what we already tell them? If they are going to do drugs (like most of those that have died) and then fight the police, it is a risk they are taking.

    It’s tragic, but the one that could have prevented it is the one that fought or refused to comply. If the officers are wrong in an arrest, the street is not the place to dispute it.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    It wasn’t an attempt to say it–I was saying it. You weren’t a cop, and you don’t know what you’re talking about. How many times has someone tried to shot you, or grab a butcher knife with an 8-inch blade? How many times have you had to fight someone who was trying to take your gun or have someone come at you with a tire iron?

    For you to claim that you have any idea of what a cop has to deal with is bullshit.

    In my experience, almost everyone summits to arrest. Some have to be taken down by physical force. Some have to be sprayed, and some you have to point a gun at and explain to him exactly what is going to happen if they don’t drop the weapon and get on the ground.

    But don’t even try and convince me that you have any clue what it is like, because you don’t. I don’t mind talking to most of the people on here, because, unlike you, they listen and actually discuss the issues. It doesn’t mean we have to agree, like Carlos and I don’t on part of this issue. You just call them “violent bullies” and “pumped up” without having a clue what went on before the video went on.

    I look at the video and see specific behaviors, such as the drunk repeating everything his wife says (which is an indicator of intoxication, among other thing). I see him not complying and slapping at the officer’s hand.

    What do you want the officers’ to do, sit in a circle and sing kumbya?

  • bj

    Wow, angry! Your arrogance is really coming out.You think I don’t know what I’m talking about because I haven’t been a cop. ‘For you to claim that you have any idea of what a cop has to deal with is bullshit.’ Again, rubbish and unsubstantiated. You make some good points in other posts but when you make up stats and then puff out your chest cause you’ve been a cop, you got to expect people to call you on it. Oh and your last comment, that’s just stupid….and childish. I’m up for rational debate but not arrogance. The cops’ behaviour and actions in the film was unprofessional, adrenalin-driven, uncoordinated and violent (refer stomp on head). If you don’t agree with me, I don’t care.

  • tallmont

    This isn’t really a case for PINAC’s cause – because the cops did nothing to prevent her from recording the event. This guy appeared hostile. If a cop is pointing a taser at a man – rightly or wrongly – and giving that man instructions – again, right or wrong – doesn’t logic dictate that if the person does not follow police instructions the taser will be used against them? And, look carefully, it appears he tries to grab with his free hand and BITE the cop’s right ankle before the 1st kick, right at 01:29 of the video. If someone wants to perform a zombie-style bite on a cop, is that not hostile?

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Well, considering that it has come out that Anderson threw a punch at the officers before the video started makes their actions a whole lot more understandable. He is understandably upset as his pregnant girlfriend arrived at the hotel with another man and the hotel wouldn’t give him their room key. The moment that Anderson threw a punch, the officers were justified in taking a lot stronger actions than they did.

    You have not put out any rational debate on this. You have looked at a small portion of the entire contact and concluded that the officers were completely wrong. You should have known that what happened prior to the video is just as important as what is on the video.

    And what stats have I made up? I stated that in my experience 98-99% of people submit to arrest. That’s my experience. Do you have any evidence that it is not true, or are you just blowing smoke because it doesn’t fit you preconceived picture of police work? Another poster indicated that it matched what he was aware of from his contacts with a local PD.

    I stand by my statement that you don’t know what you are talking about, and that your ideas of what officers have to deal with are, in fact, bullshit.

  • bj

    Some of the prior events may have changed but that doesn’t justify stomping or repeat tasing of an individual when they’re sitting on their bum. Violence doesn’t justify violence. You think they could have used more force. Why? The force they used was ultimately successful in detaining him so how can you advocate more firce? Why is it that cops in the States are often more prone to using force and weapons than say the UK or Australia? Occupy in NY showed this beautifully. In many instances cops escalate situations and then rely on their arsenal to subdue. I don’t expect answers to this; it’s a debate that could run for a long time. But I will say that any change in the circumstances in this particular case, such as what happened before the video, doesn’t change that you display arrogance by discounting the views of others just because they haven’t been a LEO. You must know that because you seem intelligent (although stubbornly not able to concead anything in our exchanges). Cheers

  • Robo

    This. IS. AWESOME! To bad they didn’t taze that annoying b*tch. Good god someone needs to shut her up.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    The kick was not justified IMO and is not taught in any defensive tactics system that I am aware of.

    The prior events, especially of Anderson throwing a punch, completely justify the use of the taser. Prior to a taser being used, the punch would have justified the use of an impact weapon, i.e. a baton, or the use of physical force, such as a straight arm bar take-down or forearm strikes to the brachial plexus tie-in at the base of the neck.

    Any of those techniques is far more likely to result in permanent injury to Anderson. A missed strike with a baton can shatter a knee or break bones. A straight arm bar take-down can easily result in a torn rotator cuff or separated shoulder, not to mention the damage to the face area when he spins into the pavement. The forearm strike can result in permanent nerve damage.

    OC is often not effective against drunks.

    The taser was the tool least likely to result in serious injury and the most appropriate in this situation. The officer applying the taser properly paused after each application and evaluated before reapplying the taser.

    In a dynamic, fluid situation such as this, there is never one “right” answer – many possible valid options exist for which type of force can be used.

    The use of the taser was appropriate, even with multiple shocks. The kicks to the head were not appropriate, IMO.

    As a side-note, I never carried a taser, for a couple of reasons. One, I didn’t feel the need for another tool on my belt. Two, as a supervisor, I didn’t deal with these situations as often as patrol officers did.

  • bc_motoguy

    kudos to the great comment(er)s in this and other recent threads, you guys are awesome. taserstompers not so much. Peace.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Do you want to explain that further? The only Officer T. Keller I found in a quick Google search was one that was shot and killed by an armed robber.

    Besides, the use of the taser was, in fact, warranted.

  • rick

    Officer on administrative leave. Notice the article doesn’t mention the head stomps!
    http://www.nbcphiladelphia.com/news/local/Police-Brutality-Caught-on-Cam-202880141.html

    More aggressive incident of cop stomping on man’s head and he is about to be sentenced. Article and YouTube video. Only need to see first 5 minutes.
    http://spiritofjefferson.com/blog/2013/04/shirleys-sentence-to-come/
    /watch?v=SfQZUUagods

  • Mohammed Loves Allah 4ever

    This is not the complete vid. The guy was kinda being a dick if you watch the whole thing

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