July 23rd, 2013

California Man Verbally Unleashes on Cop who Assaults him for Video Recording 86

By Carlos Miller

 

Daniel Saulmon has proven in the past that he is not afraid of unleashing verbal tirades against cops who harass him for recording.

But his latest video shows just how brave he can be with his tirades.  And just how effective they can be in keeping cops at bay.

Of course, I wouldn’t recommend this in all situations because we all know there are way too many cops that are loose cannons just waiting to explode.

But if you’ve been harassed as many times as Saulmon, then you obviously get to the point where you just don’t care how you come across.

This is how he explained it in a previous PINAC article after his third arrest:

“My previous two arrests, I couldn’t have been more polite if my mother was there,” he said.

“With officers who know me, right away they treat me well, the cussing stops. I know it sounds awful, but they respond to polite folks by running over them.”

In the above video, Saulmon was in the lobby of the Gardena Police Department speaking to a Lt. Prendergrast on the phone about bicycle laws with his camera trained on a female police aide working the front window.

Then at 2:29 in the video, a cop named Roberto Rosales grabs him from behind, demanding to know why he was recording the woman.

And that’s when Saulmon unleashes on him

“Back the fuck up out of my face. Back up. Don’t touch me or my camera again. Back up, asshole,” were just a few of the choice words he used.

And although Rosales looked as if he wanted to punch Saulmon, he became less aggressive.

Perhaps it had to do with the fact that he realized Saulmon was on the phone with a commanding officer or that there were several witnesses in the lobby not affiliated with the police department (one who appears to be recording) or that he knew there was surveillance video running, but Rosales tried his best to deescalate the situation.

After, of course, he was the one responsible for escalating it.

Rosales later said that he thought Saulmon was video recording her butt and he was simply defending her honor.

But Saulmon told him he wasn’t recording her butt, but it wouldn’t have been illegal if he had been recording her butt.

Lt. Prendergrast ended up coming out and sending Rosales and another officer away and stood there and listened to Saulmon rant for more than ten minutes.

 


Send stories, tips and videos to Carlos Miller.
  • steveo

    I understand Daniel’s frustration. But I think he’s probably going to end up dead somewhere.

    • rick

      That just might be the most depressing comment I’ve ever read about societies view on law enforcement.

  • Boomer

    I agree, Steve, sooner or later one of these guys is going to snap, I’m afraid.

    However, in the meantime, my word it’s hilarious watching him just unload.

    And, confidentially, I love your imitations of him on other posts.

    • inquisitorX

      Yup. Just a matter of time before officers are down.

  • rick

    I applaud anyone who stands up to a bully.

    • Difdi

      For that matter, what would have happened had Saulmon not realized it was a cop who had come up behind him, committing assault, battery and strong arm robbery against him and given the criminal a hard elbow to the diaphragm (or jaw)?

      • JamesRae

        That basically happened to a friend of mine in Tennessee. He was in a store buying cigarettes but had half a pack already in his pocket. As he was standing in the checkout line someone bear hugged him from behind and started wrestling him to the ground. He started fighting not knowing what nutcase had it in for him. As he struggled he realized it was a cop who was working security at the store so he said sorry and that he didn’t realize who he was. The cop never said a word and threw him over the counter as soon as he stopped struggling. Then he was arrested for shoplifting… But that wouldn’t fly because he hadn’t and only had the pack he wanted to buy and his open used pack on him.

        • Difdi

          That was a false arrest. A police officer must have probable cause to believe a crime was committed to make an arrest. They’re allowed to use force to make arrests, but are supposed to use appropriate force. They’re certainly not allowed to jump a random person on the street and hospitalized them.

          Possessing cigarettes while buying cigarettes is not probable cause of a crime. It’s not even reasonable suspicion, since presumably someone buying cigarettes is a smoker and cigarette packs are ubiquitous. Simply seeing someone in possession of a half-consumed common item is not any kind of evidence of a crime.

          If there was only one cigarette pack in existence and it had gone missing, and oh hey there it is in someone’s pocket…that would be probable cause.

          Violently assaulting and battering someone who is attacking you is a legitimate use of force. Tackling a fleeing shoplifter is iffy. Grappling someone waiting in line to pay for merchandise, throwing them to the ground and arresting them for shoplifting is just plain crazy.

          The off-duty cop got a psych evaluation, I hope?

        • Proud GrandPa

          ” He was in a store buying cigarettes but had half a pack already in his pocket.”

          .

          Ha. In Bloomberg’s New York City you’d get arrested for smoking in public or for buying a Smoothie or a Big Gulp. You’re lucky the southern LEO didn’t have those as backup charges.

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

        It’s not assault (Saulmon wasn’t aware of it before it happened), nor robbery (nothing was stolen).

        • Difdi

          I stand corrected on the robbery. I can’t watch the video at the moment (still trying to figure out what’s screwy with my computer) but police rarely grab a photographer without also grabbing the camera, so I assumed.

          As for assault, reading the California statute, there does not seem to be a requirement for foreknowledge of the attack to qualify as assault, only that an attack be made unlawfully (penal code, 240-248). Assault in California is basically attempted Battery. Since Saulmon was attacked but not injured, Assault is probably the proper term.

          • rick

            In addition CA Penal Code 422.6
            http://leginfo.legislature.ca.gov/faces/codes.xhtml

            422.6.
            (a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution…

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

            “. . . or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.” Cal. Penal Code § 422.6 (West).

            The part you omitted is kind of significant, since what you quoted was the Hate Crime statute. It only applies if the officer did it because of Saulmon’s perceived disability, gender, nationality, race or ethnicity, religion, or sexual orientation.

          • Barking Dog

            It was because of his sexual orientation, they thought he was recording the sex parts of an officer, as a heterosexual.

            If he was known to be gay, they wouldn’t have accused him of filming a female’s butt. (I’m assuming it was a female butt)

          • rick

            Egads! I am guilty of seeing what I wanted to see, namely a violation, and not reading the statute in full. The ending ellipsis where to save space on what I thought was boilerplate legalese. The misrepresentation was NOT intentional.

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

            I didn’t think it was intentional.

          • Proud GrandPa

            Thanks Rick. That was mature and honorable of you and contributes to adult discussion. Ex-Cop and you set a good example which elevate the quality of discussion.
            .
            A pleasure to read you both…

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

            You initially described three common law offenses. You don’t have the assault part, you do have the battery part (contact was made).

          • Difdi

            Why is it that you describe crimes as common law offenses when it’s a police officer committing them but refer to statutes when talking about non-police?

            I was referring to statutes, the California Penal Code to be precise, not common law.

        • Barking Dog

          “It’s not assault (Saulmon wasn’t aware of it before it happened)”

          Not yet it wasn’t. This guy lets his love of the cops get in the way of his thinking. If I hit you from behind it’s not assault because you didn’t know I was gonna do it???

          Had he not yelled it would have turned into assault and robbery under color of authority or maybe even conspiracy if he did it with the assistance of the “butt”

          As it stands, it looks like assault and attempted robbery. Unlike regular thieves, this one gets away because “he has a uniform”

          No more excuses.

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

            You are describing battery, not assault. I never said that battery did not occur.

            And yes, if you were hit from behind, it is not assault, it is battery. If you were hit from in front, where you could see it coming, then it would be assault & battery.

            I won’t bother to address your attempted robbery claim – I’ve done it before and you didn’t understand it then, so I doubt you would understand it now.

            Let me know when you want your next lesson.

          • Barking Dog

            I don’t live in your jurisdiction, we don’t have battery here.

            Don’t need you to address the att rob claim, it’s what they overcharge you with when they are being assholes, so I guess doing it back is fair. He didn’t touch him for hugs and kisses, he wanted the cam.

            30 years on the streets and courts of NYC, both as a cameraman and a victim of NYPD, which is my current status, I know the rules No time to teach you, you’re rather arrogant about what you know…

            Didn’t see it coming so it’s battery, not assault? Not here it isn’t. Never heard such nonsense.

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

            When Difdi listed the three “offenses”, he used the common law descriptions of assault, battery, and armed robbery. All states still use the common law descriptors in civil actions (torts), but many have gone to the model penal code approach of defining criminal assault as encompassing both common law battery and common law assault.

  • John Kruzelock

    The poster boy of filming police, They were ready to man handle him but he did a play by as if was going to be in a police report, in other words he turned the table into his advantage cause it was all recorded. HEY for him.

  • nrgins

    Good for him!

  • kyle

    I love it!

    Best yet is when A-hole cop grabs him, touches camera, pushes him in a corner — and then has the audacity to say “Relax.”

    I hope Daniel files a complaint, as we have this officer’s conduct on video…

    • Rob Mahon

      Won’t go anywhere alas, but worth having on his record. He totally came in like a charging bull at first.

      • Barking Dog

        Why not? Go into fed court and get an order to show cause on the next highest agency on why they don’t take a complaint

  • Jeffrey Marcus Gray

    Daniel Saulmon is the polar opposite of me and my encounters with LEO’s. Daniel is rude,loud,vulgar and I FUCKING LOVE IT!!!!!!!!!!!!

    • Kriegar

      It certainly seems more efficient and effective!

    • bigpawn01

      The only thing they understand.

  • LibertyEbbs

    Daniel Saulmon is a true patriot. Lt. Prendergrast is the exception; Roberto Rosales
    is the rule. The Lt. is polite and accommodating
    despite the fact that Daniel is abrasive and being very vocal about his
    criticism of the GPD. That is what we
    should expect every LEO to be: polite and accommodating even in the face of
    rude and unpleasant treatment from the public.
    Because this is not the nature of most people, there needs to be extraordinary
    pressure applied to the conduct of LEOs to force them to do the unnatural
    things necessary to properly perform their duties. That pressure (holding LEOs to a HIGHER
    standard of conduct) is not currently being applied and has not been for a
    long, long time. In fact, the opposite
    is true; we hold LEOs to a lower standard and we get this predictable outcome.

    • inquisitorX

      Bullshit.
      The Lt. should have had the officer admit he was in the wrong and apologize to the guy.

      • LibertyEbbs

        I didn’t say the Lt. acted perfectly or is a model officer. He is still part of the problem if he does nothing to change the attitudes and behavior of the goons who are under his supervision. I was only referring to his actions and demeanor when speaking to Mr. Saulmon.

  • Jeffrey Marcus Gray

    “If you don’t want me recording her butt, teach her to walk backwards then”
    Whoa man that’s some funny stuff!!!!!!

    • pete

      Did you see the video where he confronts the cop parked on the sidewalk? Oh man. Friggin brilliant. He drops the line, “you’re mistaken bacon”. Couldn’t stop laughing.

  • Bobbie Jo Justice

    good, we need to quit putting up with thugs with badges. Our forefathers would be shooting by now.

  • Jerome Solanum

    Wow. That is impressive. He’s a man with nothing to lose, and he acts like it!

  • Mack10

    This guy with the camera was creepy filming the girl and stuff.

    • ccbarrpics

      How was his recording those female public employees performing their duties creepy? He was polite to them as they were also to him. He was showing them in a positive light in my opinion.

      • inquisitorX

        Wasn’t creepy at all.

      • Fotaugrafee

        “Those”…I saw mainly one. One who he obsessed over. Sad & pathetic, dude needs to get laid or something.

  • Tijuana Joe

    Now that’s some serious “cop-arazzi” action !!

  • James Nimmons

    “the vast majority of people do a great job” yeah except for the ones you dont discipline for NOT doing a great job..

    • matism

      I call bullshit. If even HALF of them did a great job, the “bad apples” would be LONG gone. Hell, if even ONE QUARTER of them were decent. That barrel is rotten to the core.

      • rick

        Experiments examining conformity are quite interesting. And disturbing. As social animals humans will quickly discard logic, reason, decency, etc. to maintain our group bonds.

        A popular one is the Asch conformity experiment. How long is the line? How do you screw that up?

  • Luc

    Got to love Daniel’s balls of steel. He may be small, but has the heart of a wolverine.
    Daniel’s channels
    http://www.youtube.com/user/danieljsaulmon/videos or

    http://www.youtube.com/channel/UCsJL3FXM3EASITvk_PTKAWA/videos

  • srandallthomas

    I like that.

  • Voice-Of-Concern

    I have become addicted to Daniel’s videos. I check every day. I want to know what happened to the camera the cops took for “evidence” & did not give back. Does anyone know if he ever got it back?

    • John Sullivan

      usually the cops will give the camera back with erased footage if you captured somthing that would really fuck them over. the problem is whenever you erase a file from memory its not just “Gone” it has to be overwritten. as long as you dont tape anything after that encounter its very likely you will be able to recover your lost files

      • Voice-Of-Concern

        Which is why streaming your video to the web can be a vital tool

  • Kriegar

    “but Rosales tried his best to deescalate the situation.”

    Are f’n kidding me with this?

    Saulmon sounds like my wife does when dealing with these buffoons-and most usually, this is the most effective way to deal with them, from what I’ve seen. I don’t do it, and they try to run me over-now, I just ask them if they want to deal with me, or my wife?

    Then they calm the fuck down and act like rational people, or find someone who can.

  • Kriegar

    “I’m not offended by language like that, other people might be offended”

    Tough, then. Many people are offended by cops language, and their behavior-but we have to suffer with it.

  • Kriegar

    No explanation is required to Rosales–he was, very simply, out of line. He needs to be called out before he does something worse.

    And if Pengerglass or whatever his name is, feels that this person posts more negative videos of cops then positive, perhaps he should concentrate on reducing the amount of negative behavior BY cops. In my opinion, that would be a most constructive way to deal with that issue.

    • EH

      I think it’s likely Ofc. Rosales is sweet on Ofc. Lopez and decided to play protector. Look for a related sexual harrassment (or assault) case at the Glendale PD in a year or so.

  • DTM

    I applaud and agree with how he handled this except the continuing of the cursing. At the beginning I think it works – commands a bit of attention and even control of his situation – but then he should tone it down. Especially when he is actually controlling the situation.

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

      It’s not that easy to back it down once you start.

      • matism

        And probably not smart to do so, either.

      • inquisitorX

        Was a problem for you on the force?

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

          No.

  • Tony Loro

    it was obvious why the cop was getting in his face, if he had pushed the officer away then he could be arrested for assault which is what this cop had in mind when he was doing what he was doing.

    It’s the same thing that Jack the parking guy was trying, when he said to me go ahead take a swing at me knowing that the cops would roll up on me in combat with Him and I would go to jail. But because he lied on his report and my video and another witness directly contradicted his testimony on a written report he was made to resign. And I was told he moved out of the county.

  • Vpoice-Of-Concern

    I see that Officer Rosales has one of those tactical thigh holsters. For what? To show how bad-ass he is? I believe Ex-Cop Law student has previously ( on another thread) commented on how useful those are in every day police work.

  • Fotaugrafee

    Goddamn, this dude appears infatuated with Tracy!!! Get off of it, or I foresee a stalking charge in your future!!

    • inquisitorX

      Really?
      Seriously?

      • Fotaugrafee

        Uhhh, are you THAT oblivious? If I were a chick, I’d be creeped out by this dude & his “friendly”, REPEATED advances.

        • Proud GrandPa

          Yeah, I agree. There’s an element of law that needs to be developed and tested in court. It concerns annoying speech and behavior. Just because speech is lawful in a bar or in your home, that doesn’t make it lawful when used to interfere with law enforcement. That is pretty clear from this video.
          .
          I agree his personal questions and comments were creepy. Something is wrong with this guy. I read his website and learned he has a grudge due to past bad encournters and is trying to test the system to see how far he can go. Reminds me of a 13 year old. You know what happens to them when they cross the line? They learn from their mistakes. Let’s hope this guy does too.

          • Fotaugrafee

            Uhhhhh, that wasn’t at all what I was talking about. As far as I’m concerned, his speech toward the cop was completely within his FREEDOM of speech. Although to some degree, it could be argued as disorderly conduct, IMO, when he raised his voice. But I’ll be damned if that should apply ANY differently to a cop than it should John Q. Public.

          • Proud GrandPa

            I think the best analogy to clarify thinking about it is calling 911 to complain about husband’s snoring or to order pizza etc or just plain annoying pranks. I think interfering with LEOs on duty is like yelling fire in a crowed theater. Why? Harm comes from both events.
            .
            Am not sure how to draw the line or what the first amendment allows or should allow. Am pretty sure that unlimited free speech at LEOs is potentially dangerous. I’d personally err on the side of free speech and free photography, but not on harassment or interference. We need wise judges to settle it.
            .

          • Fotaugrafee

            People like YOU are the problem with liberties in this country.

            Who is interfering with them? We’re just providing the checks & balances that they don’t provide for themselves? I think they call it “policing”. Ironic, yes?

            The sad part is, you don’t seem to think there is a limit as to what ‘discipline’ a cop can assess on someone. I do, and I’ll be there to record it for posterity sake. If someone gets out of hand, they’d get a mouthful of expletives, too. Fuck your biblical mentality & a cursed tongue.

    • Voice-Of-Concern

      Stalking charge.. for talking to the person at the counter?

      Sorry dude, but the crime in your mind is not supported by the facts of this video.

      • Fotaugrafee

        You apparently have the observation skills of a bat.

  • inquisitorX

    Such a simple and benign visit to the local police department and this is the type of treatment one can now expect.

    The police-industrial complex…

    http://batr.org/gulag/071413.html

    http://online.wsj.com/article/SB10001424127887323848804578608040780519904.html?mod=WSJ_hpp_LEFTTopStories

  • TINY

    http://www.wimp.com/swedenpolice/ and oh heck i know this been out a long time, i am sure some have not seen it, why the hell cant the PIGS here in the USA be like this? OH I KNOW, CAUSE THEY ARE PIGS, and not human like this LEO is! [i got it right, i get a cigar?]

  • Dirtbag Surfer

    Damn, I got to say I love this guy! I could really give a rat’s ass if he cusses. Back in the old punk rock days, early 80’s San Diego, LA, Hollywood, Ventura, Oxnard, you’d mostly hear “Get the fuck out of here!” right as the baton was swinging. Further contact with the police in my adult life have involved the cops saying profane and demeaning things at least half of the time, for no other reason than to show who’s boss. Not only has it happened to me personally, but I’ve witnessed this type of verbal abuse on others by the cops more times than I can count. So fuck it, you dish it out, expect to get it back – in spades.

    Daniel was well within his rights and I’d be pissed as hell it that happened to me as well. As a cyclist, I really appreciate Daniel’s attempts to get these buffoons on record. Like the Lt. admitted, the city of Gardena’s laws seem to be in conflict with the state’s motor vehicle code. They need to get it hashed out because the answer is not well, we will write you a citation and the judge can decide. That’s not how it’s supposed to work. Thanks Daniel for keeping on these bastards. Again, I love these videos and Daniel is one of my favorite activists because he just goes for it, no holds barred!

  • pete

    I have been in communication with Daniel. He wants to thank everyone for their support.. He really takes it to heart. The guy is a genuine patriot. I talked him into getting a PayPal account set up and I think he is trying to get t-shirts made. His friend Katoosa on YouTube has come up with some designs. I’m sure he would appreciate your support.. The guy is a genuine patriot.

  • John Sullivan

    jesus christ this is the prime example of a completely rational person trying to reason with a cop.. you simply cant. as soon as the bully knows hes wrong hes gonna come up with any bs reason he can to get you to shut up. glad to see this guy doesnt give into intimidation. its like playing with a 5 year old.. is there one cop who treats people like actual people? this video did not give me much hope for the police force.

  • MeFein

    Looks like the video is gone — account terminated.

  • someGUY

    “Video no longer available / YouTube account terminated?”

  • Haeshu

    Does anyone have another link to this video? Looks like ‘government google’ closed down his account.

  • Ray

    Daniel Saulmon’s Youtube account was terminated – probably by police officers who didn’t like the way he spoke to them. Please follow his new account which is Tom Zebra!

  • David

    “http://www.youtube.com/user/danieljsaulmon”

    They’ve finally pulled his account – thank fucking god.

    Daniel is nothing but a fucking parasite that spends his days goading cops into physically harming him.

    His YouTube account couldn’t have been pulled sooner.

  • Wandering_Bard

    Damn. Looks like the YouTube account that was hosting the video has been suspended.

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