June 20th, 2013

Three Michigan Cops Resign After Video Indicates they Stole Man's Phone (Updated) 120

By Carlos Miller
Bay City cops

Former Bay City public safety officers Keath B. Bartynski, Brian K. Ritchey (from 2002) and Don Aldrich via Michigan Live.

 

Three Michigan police officers were forced to resign this week after they were caught on video stealing a man’s phone who had photographed a cop car parked on the wrong side of the road before posting it on Facebook.

And all it took was a seven-week investigation in which Bay City officers Brian Ritchey, Don Aldrich and Keath Bartynski sat at home on paid administrative leave.

Meanwhile, prosecutors are still trying to determine if they will file criminal charges against any of the officers.

The stolen phone? That’s still missing.

However, a 20-second video clip from another citizen shows the phone in the hands of one of the officers after they had placed the man in handcuffs and forced him to sit in the back of a police car.

According to Michigan Live:

Bay City attorney Jason Gower, who said he is representing the man who filed the complaint, said the alleged incident in question took place at Steamer’s Pub, 108 N. Linn St. He said his client — whom neither he nor police have named — told him the incident began after he stepped outside the bar and took a photograph using his Samsung S3 smartphone of a police Chevrolet Tahoe parked nearby.

He said his client uploaded the photo to Facebook with the caption: “Bay City’s finest illegally parked so they can flirt with a Bay City bartender, keep it up Brian Ritchie [sic] you’re doing our city proud.”

Gower said his client told him Ritchey later entered Steamer’s and, along with Aldrich, who was at the bar off duty, confronted his client. Gower said his client used his phone to record the two officers’ encounter with his client.

A short time later, Gower’s client told him, Bartynski arrived while on duty. Gower’s client told him the three officers later went outside where Bartynski placed the man in handcuffs, searched him and put him into the back of a police Tahoe.

Gower said his client told him he was later released, and his client said his cell phone went missing and has yet to turn up.

According to WNEM:

“A uniformed officer and an off-duty officer approached him and started making verbal threats, threats of bodily harm, threats that he’s a marked man, threats of that nature,” Gower said.

Gower said the man, who doesn’t want to be identified, ultimately ended up in cuffed and in the back of a police car, all while being recorded by bystanders. He was ultimately let go, but his $600 phone was gone.

“The phone was ultimately stolen from him, but that is caught on video, not being taken from him, but the off-duty officer actually has the phone in his hand, and there is video to support that contention,” Gower said.

If they don’t get criminally charged, the cops will probably end up rehired at another police agency where they will likely be in the news again if history is any indicator.

After all, as Michigan Live reports, Richey has had a DWI, Aldrich has been sued for assault and Bartynski has been accused of civil rights violations.

UPDATE: The Bartynski incident also involved a citizen’s post on Facebook, according to a previous Michigan Live article.

In his citizen’s complaint against a Bay City police officer, Michigan State University football star Trenton D. Robinson claimed his civil rights were violated when he was pulled over Dec. 22.

Robinson filed the complaint against Officer Keath Bartynski on Dec. 24. Bartynski pulled over Robinson around 5:45 p.m. as he drove a 2003 Buick in the area of North Van Buren and Third streets.

In his narrative, a copy of which was obtained by The Times via a Freedom of Information Act request, Robinson states Bartynski told him he initiated the stop due to a suspicion of having needles in his car, implying drug activity. Bartynski had Robinson exit his car and “aggressively use[d] unnecessary force to command my body in motions that I was uncomfortable with,” Robinson states.

At some point, Bartynski told Robinson he did not care “who the [expletive] I was,” Robinson claims.

Bartynski let Robinson leave the scene without issuing him a ticket. A short time later, Robinson left this post on Facebook:

“All I do is good for my city and try and set an example for the youth in my city of what not to do but for some reason when I come home and try and visit The Bay City Police always wanna stop me and take ms [sic] out my car and search me like I am out here selling dope!!! UN believable.”

An hour or so later, Robinson was dining with friends and family at Buffalo Wild Wings, 4050 E. Wilder Road, when Bartynski entered the restaurant. Robinson claims Bartynski approached him, handed him a $120 citation for failure to signal and said, “Here you go, role model, here’s a ticket…and I like your post on Facebook.”

 


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  • Ron Grounds

    3 evil cops fired,more to come.

    • Rob

      *Resigned, not fired. The police union would never let them be fired for merely violating somebody’s civil rights, and petty theft.

      • Voice-Of-Concern

        Grand Theft, not petty theft. the value of a Samsung S3 is over $600.

        • Rob

          In Michigan, grand larceny is $1000 and over. Larceny, or petty theft is under $1000. The same is true for many states.

          • Difdi

            Depends on whether they look at the actual replacement cost of it (including all apps, etc) or the subsidized cost that was paid for it.

          • Rob

            Good point on the enhancement.

          • Difdi

            In Michigan, simply being armed with a dangerous weapon while committing larceny makes it robbery, even if the victim is never aware of the weapon during the crime.

          • io-io

            Since there were more than one, would not conspiracy be an additional charge to armed robbery?

          • Difdi

            A conspiracy generally involves planning and premeditation.

            Accomplice is a more apt term, though given that all three were present for the robbery, they might all three be considered to be armed robbers.

          • http://www.noneedforastinkingwebsite.com dow daytrader

            I liked the “armed robbery” point….

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

            Except it’s not armed robbery.

          • http://www.noneedforastinkingwebsite.com dow daytrader

            one set of rules for the serfs, another set of rules for the OverLords

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

            Using the same standard it is still not armed robbery. Same set of elements have to be met to prove the offense.

          • http://www.noneedforastinkingwebsite.com dow daytrader

            ex-gubbermint type fails to grasp the “hypocrisy meter” registering far off to the left, past ‘max’.

          • Nemo

            EC, take the exact same situation, change the actors to all non-cops, and use that to explain how it wasn’t armed robbery. Remember that the one taking the item must have a gun on his person.

            Contrariwise, come out and say that a cop can steal while armed, and is innocent until his qualified immunity is stripped from him by a court of law. Feel free to state that cops should be allowed to steal on a whim without legal basis, as well. Ignorance of the law seems to be an excuse, when it’s the cops breaking it. Fumy how that only applies to a special class of armed enforcers.

            And yes, I class confiscation without legal basis as “theft”, most especially when a cop seizes a camera because “it might contain evidence of a crime”, in circumstances where the only possible criminal action is on the part of the police.

            Along those lines, it’s convenient when a cop causes a phone possibly containing evidence of criminal activity to lose the video or otherwise disappear, and can’t be charged with evidence tampering, because there is no evidence that there was evidence that the officer tampered with of the officer committing a crime, since the police don’t surveille themselves to that level.

            Don’t get me wrong, EC, yo ain’t in the same class as Grandpa – yo actually will call out cops and PDs, when they’ve crossed the line by enough of a distance. I appreciate that, but it also seems to me that you equate “legal” with “morally right” far too often, and far too much in favor of the enforcers, to suit me. Maybe a year as a poor person living in a neighborhood targeted by a PD as a problem zone, with a couple cops on that beat holding a grudge against you would alter your approach, but that might not be enough to alter your approach.

            Maybe, someday, you’ll reach the tipping point where you believe that badges don’t grant (or shouldn’t grant) discretionary extra rights, as long as the perp doesn’t go /too/ far, but I ain’t holding my breath.

            Until then, carry on. Don’t let my opposition to many of your stances deter you, yo have a hell of a lot more to add than the obvious blue bricks, and keep in mind that I do respect an honest adversary, which you clearly qualify for.

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

            I’ve explained it numerous times. Look it up in the prior posts on PINAC.

            Nowhere have I equated legal with morally right and I have repeatedly condemned officer’s actions while explaining that the excessive charges wanted by the lynch mob are not viable. You’re not as bad as some, but it doesn”t matter who you are, an officer or not, you have to meet the elements of the offense to be convicted of a crime.

            I don’t accept it when an officer overreaches on criminal charges, and I see no reason why it would be acceptable to acquiesce to those that want to overreach on charges for an officer’s improper or illegal actions.

            I don’t believe and have never stated or inferred that badges grant extra rights, however I am aware of differences in statutory law which provide exemptions to officers for various acts in order to perform their jobs.

    • steveo

      A movie producer was making a movie about music composers.So he interviewed three actors who he wanted to play the parts. And he asked them who they wanted to play in the movie. Sylvester Stallone said, I’ll play Mozart. Chuck Norris said, ” I play Beethoven.’ and Arnold Schwarzenegger said, ” I’ll be Bach.”

      Unfortunately, these guys will be bach.

  • FUCKUPIG

    They quit so they can pop up on anther department. Fuck them !

    • steveo

      You know, I can see where these cops can go from jurisdiction to jurisdiction. They have training, they have experience and they have whatever certification they need. The only thing a former employer can tell the new employer is dates of hire/separation and that’s about it. Our local dept has about 99 officers and every month the chief publishes a report on vacancies and every month it tends to increase by 1 or 2. They’ll take just about anybody that can pass the background and has experience.

      • Dan Matthews

        It would be interesting to see them show up in another jurisdiction(s) and then see a campaign to alert the citizens of those jurisdiction(s) as to their past actions and to BOLO for these guys.
        Any campaign would have to be carefully worded so that all claims are fact based and supportable.

        • Nemo

          “Any campaign would have to be carefully worded so that all claims are fact based and supportable.”

          Unlike, of course, the smear campaigns that cops and their rectal lampreys mount against people brutalized by cops. When it comes to negative publicity efforts, cops have the edge, coming and going.

  • rick

    [sarcasm ahead] Yes, but was there INTENT to steal the phone?
    Amazing how a cop can arrest someone within minutes, bogus charges and all, but when a cop commits a crime the wheels of justice practically grind to a halt.

    • Difdi

      Anyone but a cop would have lost his job as he sat in a cell for at least a few days awaiting a bail hearing, if not the full seven weeks.

      Swear an oath, break that oath and get a seven week paid vacation. This is justice?

      • Proud GrandPa

        That’s the power of corrupt big unions. Same thing applies to the postal workers who steal checks from the mail and other gov’t labor union members. One cannot even fire them! They have a contract.
        .
        This would not happen without their donations to the Democrat Party and liberal politicians. Let us see if our liberal media will blame the corrupt labor unions and liberal politicians who make sweetheart deals with big labor. Only FOX News and a few others tell it as it really is.
        .

        • Difdi

          It’s not just the Left, although the Right tends to be corrupt in different areas. After all, it’s only political corruption if the other side of the aisle does it…otherwise it’s just political give and take.

          The other side has special interests, yours has common sense. Doesn’t particularly matter which side you’re talking about, every politician I’ve met seems to think that way.

          • Proud GrandPa

            Thanks for your wisdom. It is true that we all offend, we all break the laws of God and of man regardless of political stripe. May we find the wisdom and courage to correct the messes and build good character into our next generation.

            .

            On note though… There is nothing wrong with special interests. They are good. The wrong is when one side violates the human rights of the other. I see our right to photograph and audio record as a method of promoting the good and preventing and suppressing evil.

            .

            The Bible says something that reflects my view of why evildoers don’t like to be photographed. Men preferred darkness rather than light because their deeds were evil. That applies to all political parties as you wrote. More pictures = better government and greater respect for free speech.

          • Flashing Scotsman

            The existence of unions in the private sector is all well and good. The negotiations are being done in the interest of doing business, and if the union demands would stop the private company from turn a profit, they will not be met.

            On the other hand, public sector unions have nobody to negotiate with that has to turn a profit. If the union demands are too high, the employer just reaches a little deeper into my pocket and yours. Now, of course, that deep reach must be rewarded, so the unions ALWAYS push their members to vote Democrat. If anyone knows of a major union, public or private sector, that consistently does otherwise, please show it to me. I can’t find it.

            By the way, I know all about the progress unions have made in the workforce. I just retired from the Operating Engineers after over thirty years of working union. Private sector, of course.

          • Nemo

            ” The wrong is when one side violates the human rights of the other.”

            If that is what you believe, then why have i yet to see you call for justice, when the “side” with a badge has pretty obviously violated the rights of others? Why haven’t I seen you speak out against a professional culture that is biased to violate the rights of those that annoy them? “You raise ‘em, we’ll cage ‘em”, “Boys on the Hood”, and ‘Police brutality: it’s the fun part of the job’ (might not be a perfect quote, but substantially accurate) are all T-shirt slogans popular among cops, and that just scratches the surface.

            The best that I recall seeing from you is a lackluster ‘well, they probably shouldn’t have done that, but no legal action is needed’.

            Correct me, please do. Assemble a list of links that demonstrates that you more often call for aggressive investigation of purported uniformed lawbreakers, as opposed to calls for ‘patience, wait for the facts to come in, and let the system do its thing’. To bolster your argument, feel free to link to your other instances where you criticized the police and the press for presenting an accused suspect as ‘probably guilty’ before ‘all the facts are in’ and before ‘the system has done what it does so well’.

            When was the last time you loudly protested the commonplace “perp walk”, again? One not involving an accused cop, that is.

        • Voice-Of-Concern

          Hey Proud Grandpa… I think the discussion here is best focused on actions by cops, towards cameras. And photographers.

          Don’t muddy the waters by dragging your other political views into it. 1) Some folks will vigorously disagree with you (like me). 2) It does not move the conversation about free press and public photography forward. 3) It is unlikely anyone will change their minds about their political views.. so it becomes sound and fury signifying nothing.

          • stabby_kat

            I’m all for unions, they do a lot of good, but this is a problem all too common specifically in police unions. Police unions are a good example of how unions can be used for evil rather than good. Too many people in this country want to buy out the police, and the unions seem to want to respect this, rather than work for the good of the community.

          • Proud GrandPa

            Yes, I hear your concern for keeping the focus upon law enforcement vs. our right to photograph in public. That concern was foremost in my thoughts when posting the above. The reason I chose to post as I did was that this thread deals with why LEOs are not being punished the same way you or I would.
            The reason why needs to be discussed. The reason some bad LEOs can get away with violating our rights is the same reason other government workers get away with violating the rights of Tea Party members and conservative political organizations, namely, the union contracts guarantee the miscreants much better, sweeter deals. That’s all.
            .
            I leave it to you and others here to find a solution. Hint: Vote for the political party that opposes big union government contracts. But that is a discussion only for people who really want to hold corrupt police, corrupt IRS executives, and corrupt public educators accountable.
            .
            The problem with corruption won’t go away as long as the system rewards corruption. The violation of photo rights is a symptom of a bigger problem. Just my motive for the post… Hope this helps focus on the cause.

        • scruffylookingnerfherder

          That’s a mighty big brush you’re wielding, gramps. Corrupt cops are now the fault of those dadgummed lib’rals.

          • Proud GrandPa

            No, corrupt cops and corrupt education bosses and corrupt postal workers are corrupt for their own reasons, but the inability of police authorities and supervisors to arrest or fire them IS definitely the fault of the democrats and liberals. Big labor unions donate forced union dues to liberal (Democrat) politicians and the politicians protect them with sweetheart deals like the ones that protect them from arrest.
            .
            Scott Walker in Wisconsin in 2011 was among the first courageous governors to bust these corrupt labor contracts. May America be blessed with many, many more brave men and women like him.

            .

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

            Police officers wouldn’t need unions if bible-thumping Republicans wouldn’t violate their rights and abuse the workers.

          • Dan Matthews

            Whoa, EC! You really don’t believe what you wrote above, do you?

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

            Not to the extent that it sounds, but I was a union man for 20 years in a right to work, at will state. The idea that workers (whether police or another trade) are treated fairly by employers is laughable.

            Many who decry unions don’t realize what they have done for all workers.

            The reason that there are paid vacations? Unions – there were no paid vacations prior to union contracts.

            The reason that there are 5-day, 40-hour workweeks? Unions. Pre-union workweeks were 6-day, 72-hours.

            Employer provided health insurance? Unions.

            Paid holidays? Unions.

            You get the idea. Those that think that unions are a problem need to look at what they have due to union workers.

          • Nemo

            Even stipulating your assertions (which IMO are not nearly as cut and dried as you present them), unions are also responsible for:

            Shutting down businesses

            Stifling individual achievement

            Fronting for organized crime

            Protecting killers, thieves, perjurers, civil rights violators, and various other types of criminals. }

            Higher taxes

            Educational stagnation

            Featherbedding and other forms of fraud

            Nepotism

            Rise in local cost of living.

            And if I cared to work at it, many other negatives. Assaults, arson, various other mayhem, and almost certainly murder have been the result of the actions of members on behalf of their unions. Are all unions guilty of all of these? Of course not. Are all unions responsible for all the positives that you listed? Same answer. The salient point, IMO, is that the negatives are not only evident much more recently than the positives mentioned previous, many of the negatives are /current/, while few, if any, of the positives are still with us.

            Those that think that past benefits of unions elevate such organizations beyond criticism need to look at the much more recent failings of unions.

            That isn’t to say that all unions are inherently bad, it’s just a counter-example to your implication that all unions inherently need to be “honored”, “given the benefit of the doubt”, “not criticized”, or whatever it is you are privately driving at.

            I can think of one class of union that routinely forces employers to reinstate bad employees, and even on the rare occasions where the union’s efforts fail, said failure is normally preceded by union members publicly speaking in support of the miscreant, and even holding benefit fundraisers to mount a major defense of members who have clearly committed crimes.

            The fact that you can guess which union class I referenced only serves to demonstrate how commonplace the practices have become in that group. I still remember a case where such a union member went into his victim’s place of employment, confronted the victim, left the building after a heated encounter, retrieved a gun from his car, re-entered the building, and killed his target – then had the gall to claim “self defense”. In the aftermath, several fellow union members spoke in the press, in support and/or defense of the killer, and the union shelled out big, to pay to defend him, as well.

            Subtle? Nah, I ain’t done that. As I said, I’m not naming names because I don’t /have/ to. ‘Most everyone can tie most, if not all, of those actions to a union whose name they know.

            Now I will tase you until you agree, and if you die, I will blame anything other than my actions or the taser. Probably a pre-existing condition. This isn’t “torture”, mind. It’s accepted procedure, in part as defined by a union.

          • Proud GrandPa

            The issue is not that unions are capable of helping the working man. That they can do some good is clear. The issue is that big corrupt unions have now become the problem, not the solution.
            .
            As for your unjustified assignment of blame on Christians for abuse of workers, I must respectfully disagree and am glad you backed off on that. Please be careful not to write something unwise when you become an attorney. In my state some have been suspended or fined for unwise statements. But I leave that to your better judgment.
            .

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

      You have circumstantial evidence to prove intent in this case. There is a photo/video of one of the officers with the phone in his hand. Had the officer processed the phone into property or as evidence, then you could not prove the intent to permanently deprive the owner of the property, but where they didn’t turn the phone in, you can prove that intent.

      • Dan Matthews

        Could this in some way be construed as destroying evidence as well?

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

          Possibly. I would not be concerned with that as much as I would be concerned over a larceny from person charge.

    • Dan Matthews

      “……but was their intent to steal the phone?”. LOL! Play it either way.

      • rick

        I started with “their” before deciding “there” sounded better in my head. Maybe it doesn’t, I don’t know.

        • Dan Matthews

          Yeah, either one works, but your message is clear.

  • Dan Matthews

    I would think that the police union(?) would be speaking up on their behalf, or at least on behalf of the two who did not steal the phone.
    Seems like it is all going down rather quietly.

    • Difdi

      If three guys, of ANY profession except cops accost a guy and one of them steals his phone, the other two are accomplices to the robbery.

      Why should men who have sworn oaths to uphold the law be treated any different (for once)?

      • Dan Matthews

        I was wondering why the union(?) was not involved one way or another. I have a pretty good idea of how three individual citizens would be treated.

        • Proud GrandPa

          Count on it. The union is already involved. The union and liberal politicians closed sweetheart contracts long ago which require the police and other gov’t employees to get paid leave etc.
          .
          Give you one guess which political party supports these big gov’t union contracts and which one(s) oppose big union deals. That is the same political party which censors our free speech in the media, in education, and in union meetings.
          .
          Pardon my telling the truth here. That’s painful to some.

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

            Sure the union was involved. That’s why you pay dues. But once the three resigned, the union didn’t hesitate to jump out and say that they (the union) were out of it since the officers resigned voluntarily.

      • Voice-Of-Concern

        Given the cost of a Samsung Galaxy S3… it sounds like Grand Theft, to me. Is Grand Theft not a Felony anymore?

        • steveo

          FL, anything over $250.

          • Voice-Of-Concern

            The value of a Samsung Galaxy S3 is above $600. Grand Theft.

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

            Texas, must be over $1,500.

        • Difdi

          In Michigan, the cutoff for Grand Larceny is $1,000. Anything under $1,000 is a misdemeanor.

          But stealing even a penny of value while armed (say, with a police officer’s sidearm) is a felony.

  • Elijah Aaron Goldman

    Is this where the chief of police comes out and makes the bad apple speech ?

    • Difdi

      That or he insists that they followed proper department procedure and he can’t see that they committed any wrongdoing.

      • Shemyaza

        Well, you see, the phone could have been a bomb.. and..err.. so.. like…yeah.

  • Matthew Korte

    The Michigan Live story doesn’t mention that the bartender’s video shows the phone in the cops hand, only that they searched him. Can you document that claim or link to the video?

  • Tijuana Joe

    Maybe the Klan will take them.
    Oh wait, how about a 21st Century version of the Bay City Rollers?

  • kylejack

    Keep your lies straight, cops, and don’t tell lies that are contradicted by video. A better lie would be that the phone was lost on the way to the jail.

  • SlimJim

    Resignation, yeah; that’s the ticket. If you discipline them, they will get their job back. How about prosecution?

  • Tony Loro

    The Jack the Parking Guy who snitched my phone and lacerated my hand was forced to resign and moved out of the state to avoid civil action.

  • steveo

    I see a business opportunity. A group of copwatchers approach city councils and even police chiefs offering to record their police officers and various times and places. The leos that go off on it are the bad cops and need to be culled. The good cops, want everything they do recorded so it protects them from citizen complaints. The camera solves the problem of how do we know who are the good cops from the bad.

    You could even get on the police band, if the police brass give you a radio and you have a couple back ups recording from a distance when the leos approach the copwatcher and take his camera and bash his head into the ground. That would be the “point” position.

    Charlie, tonight you are “point”. BS, I was point last night, I still have a separated shoulder, somebody else has to go.

  • Boomer

    What is it with skinhead cops? Is there some kind of genetic component that forces them to be thugs? I almost feel like sending each department a case of Rogaine.

  • Rob

    The updated story sickens me just as much as the original story… Unbelievable!

  • Difdi

    So basically, there’s at least one cop looking up himself on Facebook on the clock, and abusing any citizen who says anything bad about the department, regardless of the truth of the statement?

    Wow…

  • rick

    Apparently freedom of speech has a $120 licensing fee.

  • Herbert Napp

    We are watching you. Everywhere. Think before you powertrip.

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

    I think we ought to wait and see what happens. In addition to an internal affairs investigation, there was a criminal investigation completed by an outside agency, who turned the report over to the District Attorney. The DA has forwarded the report to the Attorney General with a request to appoint a special prosecutor. That’s indicative that criminal charges will be forthcoming, which could range from willful neglect of duty (up to 1 year) to larceny from a person (up to 10 years).

    The union has stated the officers have resigned of their own will, there will be no grievance procedure. The union also noted that if criminally charged, the officers had paid for the legal plan and would be provided an attorney for their criminal trial, if any.

    It will be hard for them to be hired while this is pending, and if convicted, they are toast.

    • FUCKUPIG

      I hope your right. These are the fucktards that we the people are sick of. We are sick of this shit !

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

        LOL, of course I’m right. I’m always right. ;p

        • Current-Lawyer-never-a-Cop

          Actually the amount of legal misinformation you post is astounding.

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

            Such as?

  • stabby_kat

    “Meanwhile, prosecutors are still trying to determine if they will file criminal charges against any of the officers.”

    Hmm, should we prosecute criminals for committing crimes, or set the double standard of allowing police to break whatever laws they want, steal and murder as they please and basically be above the law? This is going to take some tough, tough thinking.

  • Scott Prevett

    Carlos, I love your site man, but from now on I’m going to post corrections when I see bad links here. :)

    Here’s a couple of stories on WNEM (the one you linked doesn’t work):

    http://www.wnem.com/story/22653526/bay-city-will-pay-for-phone-in-cop-controversy

    http://www.wnem.com/story/22628038/bay-city-police-officers-resign-footage-released-of-night-in-question

  • Dan Matthews

    Could very well be that they are and have been thought of as thugs by the decent police officers of this city and as a result, the only ones who are upset are their “kind” who may see the need to change their ways.
    If the “proof” is conclusive that the three are responsible for stealing the phone, all three should have to pay the full amount out of their own pockets, not the city, don’t split the cost, each officer pays the full amount.
    If the city pays, the citizens of the city are footing the bill.

    I hope each of the three “badass” cops are reading this!

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

      For right now, the city has told the victim that they will cover the cost of the phone, case, and any paid apps on the phone.

      • rick

        Later on the city is going to cover the cost of the missing cellphone video.

        • Dan Matthews

          I think a better way to state it is “Later on, the city will PAY FOR the missing video.”

        • Andy Fife

          proof of damages in Section 1983 litigation is analogous to proof of damages in a common-law tort action. To be compensated plaintiffs must prove out-of-pocket expenses, such as loss of wages or future earning capacity, medical expenses, and property damages. Compensable damages may also include distress, humiliation, personal indignity as well as loss of reputation or status, provided that evidence is offered to establish the extent and duration of these injuries.

  • bobneumann

    stupid fucking meat heads… when will they learn?

    • Dan Matthews

      If they did learn, photographing/videoing them would lose all it’s fun.

  • Jim Morriss

    So let me get this straight A cop sees me violate, say a stop sign, and he can come issue me a ticket hours later? Something is fishy. That in itself looks like retaliatory prosecution to me.

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

      He can issue a citation at any time prior to the statute of limitations running out. In Texas, for a stop sign, that is two years. Other states are similar.

      • rick

        How about retaliation? Also, how would the cop explain to his supervisors that he didn’t cite the driver at the stop but in a restaurant an hour later? I guess we will be getting the answer in the near future from the civil suit deposition.

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

          It depends on the situation. In this fact pattern, it appears to be retaliation.

          In most cases, it is not an issue. I’ve issued citations weeks or months later, dependent on the situation and the fact.

          • rick

            Example and reasoning?

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

            Theft under $50, following a CID investigation (i.e., we ID’d the guy that pawned the stolen property).

            Simple assault, suspect had left by the time I arrived, located him later (as a patrol officer).

            Similar type situations.

          • Dan Matthews

            How would the courts respond to a situation that seemed obvious to be retaliation?

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

            It depends.

            Not much of an answer, but there would have to be an evaluation of the entire fact pattern.

            It would not normally excuse criminal conduct, and the officer’s subjective intention is not relevant in a criminal trial.

            In a civil trial, it would be a lot more meaningful.

          • Dan Matthews

            I believe that means a person can be locked up because the evidence to prove him innocent was stolen and destroyed(?) by the police, thereby not being available for his trial, but the police can be found guilty of doing that in a civil trial?

            Is that correct?

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

            No, that’s a different issue, and deals with spoliation of evidence, not retaliation.

          • Andy Fife

            In Smith v. Wade, the Supreme Court held that Section 1983 authorizes the award of punitive damages against state or local officials in their individual capacity./24/ The Court suggested that punitive damages may be awarded when an official’s conduct is malicious, intentional, or recklessly or callously indifferent to protected rights./25/ This test focuses on the state of mind of the defendant./26/ While outrageous or egregious conduct may provide evidence of the requisite state of mind, the conduct need not be egregious or outrageous to justify an award of punitive damages./27/ The determination of whether to award punitive damages once a showing of malicious or recklessly indifferent conduct is made rests within the discretion of the jury or judge (in a jury-waived case)./28/ When jury instructions properly require the plaintiff to prove reckless or callously indifferent conduct, they need not require a finding of “outrageous” or “extraordinary” conduct at the same time./29 /

            Courts repeatedly have upheld punitive damage awards against public officials for discriminatory employment practices,/30/ police brutality,/31/ and unlawful searches and seizures./32/ Courts have also upheld awards for prisoner mistreatment,/33/ including deliberate indifference to medical needs,/34/ violations of the right to procedural due process,/35/ and violations of First Amendment rights./36/ Punitive damages may be awarded even when the plaintiff suffers only nominal damages from a deprivation of federal rights./37/ However, if a punitive damage award is “grossly excessive” in relationship to the state’s legitimate interest in punishing and deterring unlawful conduct, it runs afoul of substantive due process and may be reduced or reversed on appeal./38/

          • Nemo

            I disagree that the situations are similar. The example you used was a case of you not catching up with the suspect. The cited case was a cop giving a verbal warning, then retracting the warning and issuing a ticket, because the subject of the warning /pissed the cop off/ on Facebook.

            This closely parallels former poster here “Johnny Law”, who blatantly admitted that he let his personal emotions influence his “discretion”, i.e. piss me off and give me an excuse, and I’ll hook you up for pissing me off”. “Contempt of Cop” charges are alive and well, and probably occur very day.

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

            “And other situations similar to the two I described” would have been a better way for me to have phrased the last sentence.

          • Andy Fife

            Don’t argue statutory crap with these pukes. No harm – no crime. Screw them. Claim Common Law jurisdiction – if u r forced into their fantasy court , after they blather nonsense charges, say: I do not consent, I waive all benefits. Means you waive jail, fines, fees, costs, probation, and any other vomit they are trying to puke down your throat.

          • It’s never the driver’s fault

            Happened to me often. You stop someone for lets say speeding. The ticket is really expensive and you give a break to the driver by only citing him for not wearing his seat belt or other minor infractions you found during the stop. Later that month, you discover that the driver wants to get the seatbelt ticket dismissed in court. Not only you gave a break to the guy, but now he’s trying to get out the ticket by making up some BS stories to make you look bad in front of the judge. In this situation, I’m issuing in front of the judge the initial speeding ticket that I was too nice not to give in the first place.

          • Andy Fife

            NEVER DRIVE……>>ONLY TRAVEL. It’s a right to travel. “driving” is a puke gov’t privilege with 2 million puke rules. Screw them. See Charlie Sprinkle outta’ california for fun learnin’ ,,,even if it is statutory in part.

          • Andy Fife

            What National Debt? Its a loan that “We, the People” floated to the morons in office. Pay us back with the CAFR account monies, you know – the 60 to 100 TRILLION you have stuffed away.

            google CAFR, here’s a sample:

            GET REAL HEALTHCARE FROM A REAL HOSPITAL WITH THIS LOOT:
            NOTICE: Oregon finally blew the lid of “silence” concerning the hidden assets, which are hidden in the accounts of every state under the Comprehensive Annual Financial Reports. I accessed the CAFR for my state, county, and school district in 1998. The school system alone had stashed away $27,000,000. All of these accounts are in the Bank of New York, according to a faxed response in my files from my State Treasurer. The accounts are all maintained by your State Treasurer, and you can access the accounts online.

            PLus you have an account / bond called a birth certificate thru which you can discharge ALL public debt, including hospitals, loans, mortgages, credit cards, etc GOOGLE : AFV or A4V , enjoy life

    • Andy Fife

      Recognize it as a Bill of Exchange, and accept it, there is no controversy and the arrogant pos who wrote it is now the debtor in possession, you are the holder in due course. These slime are your Trustees, they pay the bill ! It’s great news.

      Plus the fact, undisputed, you have no liability to statutes as a human being. They all only apply to fictions, make-believe “persons”, fantasy nonsense.

      No harm = no crime. Rolling stop? tra la la. Let them pay the debt presentment they create plus sue them for breach of trust. You are the highest authority in the administrative tribunal they call court since you are the equitable title holder of the record of live birth, not the birth certificate, and they as trustees…do what trustees do…good stuff for the Grantor, beneficiary, executor, administrator.

      The state is not sovereign, they try to fool you into thinking so, they are trustees of the Sovereign We the People.

      Attorneys ONLY REPRESENT LEGAL FICTIONS,,,,make believe pseudo persons. They have to resort to so much demonic deception to raid your Cesta que trust and rape your legal person. SUE THEM WITHOUT HESITATION. Attorneys HATE the Constitution FOR the united states of America. The original 13th amendment forbids these English BARF LIES in office. The Act of 1871 created DC, a fiction, a corporation with ZERO authority to govern a gopher hole.

  • April

    The mob is not gone it has just changed leaders and participants. Now they dress in blue and drive the same type of cars HMMMMMMM, almost like the gangs did in the 80′s and 90′s. There are new gangs out there and we as law abiding citizens should be in fear as we are the ones paying them and equipping them with the latest in deadly weapons. BADGES DON’T GRANT EXTRA RIGHTS !!!!!

    • Andy Fife

      Where people fear the governments there is tyranny, where governments fear the people there is LIBERTY. To quote Thomas Jefferson. LOCK AND LOAD.

      Aunt Bea dusted off the M-1 Garand, and modified it to hold 300 rounds, and hellfire trigger. Steel Core FMJ with laser and nite sites . Great for deer and jackrabbits.

      • Tim Brown

        Aunt Bea has gotten a tad worked up. I didn’t know she was such a gunsmith.

  • Andy Fife

    Democracy is slavery, a Constitutional Republic is Freedom. Deregister from your current slave status as the voter in a foreign, private, corrupt, Godless, puke covered, blood letting corporation like these puke cops manifested.

    Statutes only apply to gov’t employees. Are you one? Of course not. Tell them to shove their false claims, after claiming all equity in the charges, and demand your paycheck. Study Dean Clifford and Christopher Fleming, both have great attitudes towards felons in hocus pocus make believe office.

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

      Oh goody. Another sovereign maroon.

      • Andy Fife

        hey puke: Recognize it as a Bill of Exchange, and accept it, there is no controversy and the arrogant pos who wrote it is now the debtor in possession, you are the holder in due course. These slime are your Trustees, they pay the bill ! It’s great news.

        Plus the fact, undisputed, you have no liability to statutes as a human being. They all only apply to fictions, make-believe “persons”, fantasy nonsense.

        No harm = no crime. Rolling stop? tra la la. Let them pay the debt presentment they create plus sue them for breach of trust. You are the highest authority in the administrative tribunal they call court since you are the equitable title holder of the record of live birth, not the birth certificate, and they as trustees…do what trustees do…good stuff for the Grantor, beneficiary, executor, administrator.

        The state is not sovereign, they try to fool you into thinking so, they are trustees of the Sovereign We the People. God Bless the united states of America, to blazes with the corporation pretending to be government, USA INC> >>> DEREGISTER FROM THAT BARF, do not consent to being governed by stains on humanity.

        Attorneys ONLY REPRESENT LEGAL FICTIONS,,,,make believe pseudo persons. They have to resort to so much demonic deception to raid your Cesta que trust and rape your legal person. SUE THEM WITHOUT HESITATION. Attorneys HATE the Constitution FOR the united states of America. The original 13th amendment forbids these English BARF LIES in office. The Act of 1871 created DC, a fiction, a corporation with ZERO authority to govern a gopher hole.

        just in case u missed it below. I consider most cob rollers to be kidnapping terrorists, to families, Moms, Dads, Kids, people that you consider dollar bills in your greasy pocket.

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

          Do y’all breed? If so, can we get y’all to stop?

          • Andy Fife

            NUMBNUTS HAS NO REBUTTAL ……THEREFORE AGREES WITH MY LAWFUL ASSESSMENTS > > > THANKS PARASITE

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

            Nah, it is that arguing with a whackjob is like arguing with a drunk. Pointless.

          • Tim Brown

            How can the truth be rebutted? Those who cloak themselves in obfuscations and misdirections hate the light that uncovers their eeeeeevil and dastardly actions. Most cops are probably dirty as Jezebel’s hands were, you know, the wench the dogs ate in the street.

            All lawyers are British accredited registry members , which means they are in cahoots with the most bloody empire of recent history, enemies of Freedom. Ask William Wallace and Joan d’ Arc and the Founding Fathers.

            Study the Declaration of Independence, it describes the current situation in this nation, ( which is separate from the country), oppression and taxation from conception to casket IF YOU LET THEM.

            I love your attitude Andy. Never give up, Never surrender.

          • Andy Fife

            Thanks Mr. B, the lowlife pondscum have been in office way too long, it is time to send the murderers, thieves, liars, extortioners to their due. The unemployment line.

    • Tim Brown

      Sweet insights. Gov’t schools, gov’t media tend to overlook the truth of history and facts that cannot be disputed. Nice going Mr Fife. My regards to Aunt Bea and Opie. Say ” hey” to Goober.

  • Andy Fife

    Cops are trained to murder americans, lawyers are trained to lie, steal, cheat,deceive. Combine them and wah lah….another 666 pos .

    See the Daily Sheeple with pos cob rollers firing on a minivan full of KIDS. Godless freaks, sideshows and stains on humanity. Demon spawn kindling for hades, gehenna – burning, smoldering, garbage dump.

  • Andy Fife

    The “cops” and “lawyers” cannot rebut anything I have stated. They are part of mystery babylon, the great whore, whose commerce,,,yes COMMERCE….will disappear shortly. We know THE TRUTH………..>YEE HAW….. lookout sellouts to the IMF and Vatican,,,we are emptying your bank accounts, Cesta que trusts , inter vivos trusts , AND all possessions – except those for basic survival – due to your injurious frauds and murders worldwide.

  • Andy Fife

    Murderous cops open fire on MiniVan full of KIDS. Such heroism. PUKES

  • Andy Fife

    Be a productive member of society, not a PARASITE MAN : Concerning ” tickets” : Recognize it as a Bill of Exchange, and accept it, there is no controversy and the foreign entity who wrote it is now the debtor in possession, you are the holder in due course. These slime are your Trustees, they pay the bill ! It’s great news.

    Plus the fact, undisputed, you have no liability to statutes as a human being. They all only apply to fictions, make-believe “persons”, fantasy nonsense.

    No harm = no crime. Rolling stop? tra la la. Let them pay the debt presentment they create plus sue them for breach of trust. You are the highest authority in the administrative tribunal they call court since you are the equitable title holder of the record of live birth, not the birth certificate, and they as trustees…do what trustees do…good stuff for the Grantor, beneficiary, executor, administrator.

    The state is not sovereign, they try to fool you into thinking so, they are trustees of the Sovereign We the People. God Bless the united states of America, to blazes with the corporation pretending to be government, USA INC> >>> DEREGISTER FROM THAT BARF, do not consent to being governed by stains on humanity.

    Attorneys ONLY REPRESENT LEGAL FICTIONS,,,,make believe pseudo persons. They have to resort to so much demonic deception to raid your Cesta que trust and rape your legal person. SUE THEM WITHOUT HESITATION. Attorneys HATE the Constitution FOR the united states of America. The original 13th amendment forbids these English BARF LIES in office. The Act of 1871 created DC, a fiction, a corporation with ZERO authority to govern a gopher hole.

    just in case u missed it below. I consider most orificers to be kidnapping terrorists, to families, Moms, Dads, Kids, people that you consider dollar bills in your greasy pocket.

    Ex “cop” – Ex “law” student deleted this from his puke posting, I have re-posted for the Public’s education. ENJOY. Also: Google : the act of 1871, the original 13th amendment, and for fun: Muhammad Rasheed Student loan accept for value.

  • JHL

    The police are an occupation army. These cops should be charged. It’s grand theft.

  • jamesbondone

    I think that is one of the same charges against OJ Simpson, armed robbery. Should they be in a similar confinement cell? Just asking!

  • Guest

    Aggravated armed robbery which is what the man did to the victim, is felony pal…20$ or 2000….

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