Home / Southern California Cop Who Attacked Videographer Needs to be Identified (Updated II)

Southern California Cop Who Attacked Videographer Needs to be Identified (Updated II)

An Oxnard police officer attacked a man for attempting to video record an arrest last week, twisting the man’s arm behind his back and violently shoving him against a bench after the man had placed the phone in his pocket.

The cop threatened to arrest the man for refusing to hand over his phone as “evidence” before a commanding officer intervened, telling the cop he was out of line.

The man, who goes by Angel B on Youtube, said he was allowed to leave, but he never did get the name of the officer.

And that is important if we want to at least try to hold him accountable.

The video lasts 38 seconds and shows Angel B approaching the arrests but remaining far enough away where he was not interfering. The cop storms up to him and appears to take a swing as the camera turns off.

In an email interview with Photography is Not a Crime, Angel B provided the following description of what took place:

I thought he was going to take a swing so i backed up. He grabbed my right arm and tried to take my phone by force. After i pulled away and put my phone in my back pocket. He twisted my arm behind my back and kept repeating for me to give it to him. After i kept refusing. He started to push and shove me to the bench i was standing behind in the video. He was forcefully trying to make me sit down by pushing me against the tables bench. After i didnt let him push me down, he asked a fellow officer for hand cuffs. He threatned me with arrest for recording and not giving him my phone which he said was evidence.  A commanding officer approached and asked what was going on. The commanding officer told him he did not have to take my phone or put me in handcuffs. After they got my information i was free to go.

Angel B said he has had issues with the Oxnard Police Department in the past but when he has tried to go in and file a complaint, they refuse to hand him a complaint form.

The original video is below but a PINAC reader rotated it, allowing us to see it without craning our necks, which is the one above.

Oxnard Police Chief Jeri Williams, who proclaims to support “community based policing,” has been kind enough to provide her direct email address on the police department’s website.

Maybe she can identify him for us.

Or we can just call the line to her administrative office at (805) 385-7624 .

jeri.williams

 

UPDATE: The Oxnard Police Department posted the following on its Facebook page this morning:

Screen Shot 2013-11-20 at 12.30.33 PM

 

UPDATE II: The cop’s name is Moses Martinez, according to an Oxnard activist Facebook page.

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.
  • Ron

    Well there is a pretty good head-shot picture of him at the 37 second mark if you wanted to take a still photo of that. Someone will easily know who this guy is. He looks very young though – probably still traumatized from the academy training.

  • rust

    Definitely assault. Colour of law. Misuse of office. This Enforcer is due for a lawsuit.

    • LibertyEbbs

      I know we are probably of like mind here, but you see what the long years of zero accountability has done to our brains?

      Definitely assault (a crime) + Colour of law [violation of civil rights] (a crime) + Misuse of office (a crime) =/= This Enforcer is due for a lawsuit. This criminal is due for a criminal prosecution and prison!

      • Proud Grandpa

        Yes, I must agree. Rogue cops are a disgrace to good LEOs everywhere and need to be removed from law enforcement departments.
        .
        Lawsuits have already changed official policy as is evident by the words of the supervisor. Rogue cops are, however, another matter entirely. I am afraid only dismissal and arrest are the correctives for bad cops, who deliberately break the law.
        .

        • Flashing Scotsman

          Or criminal prosecution, since they ARE committing crimes.

          • Proud Grandpa

            .
            Your excellent suggestion about ‘criminal prosecution’ uses four syllables to mean ‘arrest’. See my advice (above), “I am afraid only dismissal and arrest are the correctives for bad cops” Same thing.
            .
            Now the class is on the same page. Thanks for the suggestion, Scotty. Glad we agree about the need for an arrest by any name.

          • LibertyEbbs

            Of course, arrest and prosecution are not the same thing. But hell, I’d be okay with an arrest for starters.

          • Heisenberg

            Remember, we have to obey the law they don’t. I have a feeling that officer is trying to make up a story as we speak. But even then, he did not follow the escalation of force policy. He will say that he warned him before the camera came on. I see the need for backup devices in case if you have raging animals like this officer.

        • inquisitor

          I can think of a few more correctives for the cops.

        • inquisitor

          But it isn’t rogue cops.
          Local PDs and cops are now being trained by directives from the feds.
          The feds have become militarized since the war on terror and the creation of DHS.
          Thus, local PDs and cops have become militarized…through their training.
          The “rogue” cop is now the one who does NOT take a swing at you for filming.

          The militarization of domestic law enforcement is the fountainhead of these problems.
          That, and the funding, would have to be removed from the system for any change to occur.

          • LibertyEbbs

            Yeah, that ‘rogue cop’ or ‘bad apple’ nonsense again…as if this man-child’s goonery were some sort of outlier.

        • discarted

          Martinez isn’t a rogue cop; he’s the norm. A rogue cop, nowadays, is a cop who speaks out and holds his fellow officers accountable to the law and the constitution. He’ll put them behind bars if he has to. There are very, very few rogue cops today.

  • http://www.policemisconduct.net Film The Police Always

    Another pussy with a badge. I hope the news reports on this asshole getting his ass beat like that dumbass in NY this past week. I would LOVE to see a video of this one getting that treatment.

  • Jason Blankenship

    Oxnard PD’s Facebook page:

    https://www.facebook.com/OxnardPD

    • John

      He has been identified as Officer Andrew Salinas according to a facebook user.

      • Carlos_Miller

        I don’t think it’s Salinas because he is listed as a commander and Angel B said the cop was straightened out by a commander, so the cop in the video has to be of lower rank.

        • Ron

          Yeah this cop is no more than a kid. He needs to be told that photography is not a crime and then be assigned a 2000 word essay titled “Why photography is not a crime”

          • LibertyEbbs

            Should he write that essay before or after he is released from prison?

          • Fotaugrafee

            After. But I have a feeling this will all be chalked up to a “learning experience” for the young lad, and he won’t serve a day in lockup. Maybe a few (paid) days on the street, just to teach him a lesson that he won’t heed the next time either.

  • rick

    Does the casual glance around (witnesses?) speak towards intent?

    • Jaybone

      It looks like the cop walked right up to him and threw a punch.

    • Ron

      We need to zoom in and enhance on that name badge

      • rick

        Not possible. The uploaded YouTube video’s resolution is 360 vertical lines.

      • Ian Battles

        “That’s all the resolution we have, making it bigger doesn’t make it clearer.”

        “It does on CSI Miami!”

        • Guest

          Yes. But it only works if accompanied by the proper sound effect.

    • methelaw

      Probably checking for other cameras.

    • Guest

      It appears the picture I posted above is now the size of a period. Here it is again…

      …happened again. Apparently Disqus super shrinks images.

    • Fight Back

      I got a message saying this cops name is Moses Martinez.

    • Bridgett Cash

      I wondered the same thing.

    • Fotaugrafee

      Closed fist, too!!

  • quadeddie

    I saw this behavior just yesterday… when I was watching an episode of The Shield.

  • Angel B

    I changed my name from Angel B to John Doe. Didnt want my real name to go all out in public. Dont want there to be some kind of backlash

    • OhSnapDJB

      Screw that! Don’t be afraid! If u believe that u have rights, then u gotta be prepared to fight for them. Don’t be out there filming cops and posting the video on YouTube if ur not gonna follow up by trying to hold this moron accountable. Grow some balls kid!

      • Fotaugrafee

        A-fucking-men!! This country is becoming more pussified by the day.

        People will walk around with guns until their face turns blue, but will anyone EVER use them in genuine combat to protect their freedoms? We can’t get this guy to use his real name??!

    • OhSnapDJB

      Also, NEVER go to the police station to file a complaint. U need to find out if ur city has some sort of Citizen Police Review Board and/or an Office Of Municipal Investigations. Even if ur city DOES have these departments, take this footage DIRECTLY to the Mayor. Now, with that said, WHAT ARE U GONNA DO? Fight for ur rights, or hide and complain?

  • http://callmegav.com/ G Seim – callmegav.com

    Did you shut off the camera as soon as the interaction started? – Folks the whole point of filming police is accountability. There’s little point if you don’t carry though, If this is really the whole video. You stopped right when you needed to be rolling for evidence.
    Now all we have is words.

    • Angel B

      Yes i did. He was reaching for my phone. If i wouldnt had put it in my pocket. I wouldnt have it right now.

      • gmo2ashes

        With so many concealed cams available these days, I still do not understand why more photographers who are capturing police misbehavior do not use them.

        • James Morgan

          Because many wiretap laws CAN be invoked for concealed recording devices.. The general rules for recording police in public are: 1. You are on Public Property or anywhere you have a right to be at (if you’re somewhere like a Wal-Mart parking lot.. go in when possible and purchase a soda or something with your credit/debit card and keep the receipt.. that’s ironclad evidence you have a right to be there). 2. You can’t be close enough to ‘Physically Interfere’ with the officer.. (minimum 2 arm length distance.. I use a general 20 foot or more rule.. you can still record sound.. but be far enough away that the officer is seen taking numerous steps in order to engage you) However, you can comment on what you see.. to the camera and/or the officers.. that’s protected speech.. as long as you’re not encouraging others to physically interfere. 3. You can’t be attempting to hide the recording device: Cellphone, Video-camera, Whatever. My practice.. use a video camera that looks like a still camera, and have a backup concealed camera as well. The backup concealed is rendered moot because another recording device is clearly visible.. That plus the streaming straight to wi-fi recording will protect the data.

          • Robo

            The courts have ruled the wiretapping laws absolutely do not apply to public officers, out in public, performing public duties. Not even an issue here.

          • bzflagkilljoy

            Not exactly. It is still a differs on a state by state and circuit by circuit basis. While it is true that all courts have ruled that recording public officers in public is legal, there are differences in those rulings. Some courts have ruled that the act of recording has to be obvious (holding up your cell phone or a video camera is obvious, a wearable body camera or voice recorder may not be obvious). Other courts have ruled that secret recording is OK. Maybe we will eventually get SCOTUS to make a binding ruling that is nation wide.

            I’m not a lawyer, but the various legal blogs seem to make it clear that the law is not currently uniform, nor is it always clear cut.

            edit: fixed unobvious example

          • howard

            yes it is, the rule of law, common law. it is all there for all to see! while in public your allowed to film….PERIOD! film anything and anyone! now what you do with it after you film, is perhaps another complete different issue! NUFF SAID! next question! i wish those that dont know, would shut the hell up! now that would be nice! i think most of not all are missing an answer to this that may very well get rid of this from happen maybe over night. get some on a board the oversees this crap that are not COPS, politicians. but civilians, you, me, someone like CARLOS! give them some power as to what happens to COPS that do this crap. i think this may at least be part of the solution! this IA bull crap, is just that. cow pies!!! [IA = internal affairs] this is the fox guarding the henhouse, is all that is! and needs to stop.

          • discarted

            “3. You can’t be attempting to hide the recording device: Cellphone, Video-camera,”

            This statement is just wrong. It applies in MA but that’s about it. And even then, it’s not gonna be around for very much longer.

        • Flashing Scotsman

          Many of these videos are caught by chance, not by a photographer. They see something happen, they grab their cellphone and start shooting. We can’t expect EVERYONE to be armed with multiple cameras, it’s just not feasible.

          • Fotaugrafee

            Even if I were carrying a 2nd or 3rd camera, it would more than likely be my trusty Canon EOS-3. :p

          • Flashing Scotsman

            I have my Canon videocamera and my Canon 60d with me most of the time, as I make my living as a photographer/videographer, but they’re in the camera bag in the back seat of the truck. If I was accosted by an officer, I would have nothing but my cellphone until I could get to the other cameras. I do want to get a bluetooth type camera soon, though.

      • hazy

        I’m glad you came out of it relatively unscathed. Keep us updated.

      • http://callmegav.com/ G Seim – callmegav.com

        No matter. You still turned your camera off. I admire you trying to stand up. Believe me, I know it’s hard. But you caved to him and now you have nothing but words to back up your case. I believe you, but they will not. Comments in other articles are always calling this fact out.

        Rule number one hold on tight and keep the camera rolling – Even if it’s knocked from your hand etc. You ALWAYS ALWAYS keep the camera rolling. Otherwise there is little point in filming in the first place.

        Regardless of what they say or do, the camera stays rolling. That’s something you need to settle in your mind before you take your stand. Lessons learned.

        • Difdi

          Exactly. Do it right or don’t bother. Taking a stand is good — if you actually take that stand.

    • hazy

      You didn’t see how the cop lunged at him? Documentation is great but when the police are going to due you violence, your first priority is your own safety.

      • http://callmegav.com/ G Seim – callmegav.com

        Yes, and I have been lunged at by an officer before in a filming situation. You cannot stop filming. Otherwise the entire act has little point.

        • Difdi

          The camera is your shield, the only one you have. With it on, there is a chance to refute whatever lies a bad cop tells about you.

          Turn it off and it becomes your word against his as to what happened, and that is a fight you will ALWAYS lose.

  • Captain Ron

    Oxnard has become complete and utter barrio. I believe they have had 6 shootings just this week. Like many and most southern California cities it used to be a nice middle class city with good schools and low crime. Now it looks no different than Mexico.

    • kylejack

      I went to school there in the 80s. It was lousy then, with one teacher teaching two grades at the same time.

  • OhSnapDJB

    I’m sorry that ur city has turned so bad. With that said let me say this: being a cop is just a job and it’s not even in the top 20 as being the most dangerous Jobs. That’s not to say that it isn’t important. The police serve a purpose without question. But I’m here to tell u all that there is an epidemic of crimes that are committed by cops and it has reached CRISIS MODE! When cops break the law, there is no law. And when there’s no law, all that’s left is SURVIVAL. There is a new breed of cops being hired all over the world. These cops come into the job of law enforcement ILL – PREPARED and are costing cities to lose taxpayer money. They are taught to enforce or uphold the law and MOST don’t even know (and don’t care to know) what the law is. This “new breed” of cop ALSO has been “improperly trained” in a very key and basic aspect: The U.S. Constitution. I guarantee that u would be hard – pressed to find any officer that could recite just ONE of the bill of rights without reading it from from a book. And that includes the Police Chief. These officers take an OATH to uphold and defend the Constitution, but don’t have the slightest idea what the Constitution is or what it means and THAT is the problem. The powers that be have NOT done their job In training would-be officers. Before a person becomes a cop, it should be MANDATORY that they completely understand (and memorize) our Constitution before they even set foot out in public with a GUN! Now, will that happen, probably not. If u wanna reduce crime in ur city (any city), the city has to properly train officers tou “obtain” the Public Trust by NOT VIOLATING OUR BASIC AND CONSTITUTIONAL RIGHTS! Politicians and cops seem to always say “citizens need to step up and take back your communities” and whomever says that is way off. U can’t take back something that’s already there. What MUST happen (and I cannot emphasize this enough), cops need to be held 100% accountable for breaking the law, for violating rights, AND understanding the U.S. Constitution. It’s really a simple fix: make the people feel that they can trust law enforcement and TOTALLY REDUCE CRIME!………..I AM DJB!

    • Rail Car Fan

      OhSnapDJB

      Paragraphs are your friend!

      Rail Car Fan

    • Difdi

      I’d agree with what you said, but without paragraph breaks… tl;dr

  • io-io

    Forget about the Oxnard Police Department – just call the Ventura County District Attorney. Charges need to be filed.

    http://www.vcdistrictattorney.com/

  • MNinOhio

    The supervisors seem to know the law, but the rank and file do not.

  • John

    It is not the officer but the department who refuses to offer a complaint form. See there are no complaints because the department refuses to give out forms.
    How about an uncover investigation with people trying to get a complaint form and the people getting told no. I bet that would make a good news story.

    • Flashing Scotsman

      Trying to get a complaint form, AND making a FOIA request for the body cam footage.

    • Ron

      Sounds like a job for Jeff.

  • Thomas

    It would be nice to listen to the officer’s audio recorder or even better, a body video recorder. According to policy, he is to have it on. Who knows California Public Records law?

    https://www.oxnardpd.org/documents/2013opdpolicymanual.pdf

    450.5 REQUIRED ACTIVATION OF AUDIO RECORDERS

    This policy is not intended to describe every possible situation where use of the equipment may be appropriate. The following are situations that require the use of the audio recorder:

    (a) All enforcement contacts, interviews with victims, witnesses, and suspects, and calls for service.

    (b) Prior to initiating Code 3 driving operations.

    (c) When transporting prisoners, detained subjects, and those people who are under criminal investigation.

    • discarted

      I made a public records request today.

  • Brad

    I HATE egotistical cops who lose their self control! If you can’t follow the law while trying to enforce it, then tell us what makes you even think you qualify to handle such situations? Intimidation should be looked down on as it brings us fear while giving them full dominance, therefor, a greater risk of getting carried away rather than sticking to protocol.

  • kylejack
  • paschn

    “A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through…all the alleys, heard in the very halls of government itself.

    For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague.”

    – Marcus Tullius Cicero

    “What did you do to hasten the collapse of our country daddy?”
    Stinking sycophant cop to his son as they lead him to the FEMA camp;
    “Well son, I used my thirty pieces of Silver to buy us our new car, uniforms and bullets to keep the people from our masters, the treasonous politicians and the bankers”

  • cheezeboy

    They just posted an update on their FB page.
    ‘We view this posting as a formal complaint, and this morning we will begin a thorough investigation.’
    Hey, at least it’s a start and more than usually happens; nice to see they appear to be looking into it.

    • Flashing Scotsman

      We should be watching, and asking questions as their investigation goes on. Keep the pressure on. There seems to be a lot of bootlickers commenting on behalf of the criminal in uniform.

    • StreyDawg

      They are going to investigate themselves!

      Well hey! That should solve this…

      What nonsense.

      • Guest

        It’s a great system having the alleged criminal’s friends and coworkers investigate. Several years ago I was mugged at knifepoint. I immediately complained to the mugger’s friends and co-muggers. They assured me they gave him a stern talking to. So you see this kind of system can really work.

      • Frodo

        LOL.

  • hazy

    He unbuckled his gun..So the individual who is recording him is so threatening that he thinks he might need to use lethal force? Just a fuckin goon, that’s all he is.

    • Robo

      Think that could qualify as brandishing.

    • inquisitor

      It almost looked to me like the cop was thinking and acting like he was going to draw the gun on the guy, but instead chose a haymaker.

  • Somee Guie

    Moses better shape up or the Chief just might take appropriate action!

  • Fight Back

    I got a message saying the name of this cop is Moses Martinez

  • inquisitor

    I believe this officer has clearly demonstrated disturbing and severe criminal behavior toward a benign event.
    The photog maintained a good distance and even asked if it was okay to film and the other officer informed the photog that it was not a problem to film them.
    This other officer approached and gave no verbal information, requests or any type of reasonable contact with the photog prior to unsnapping his gun strap and then rearing back his fist as one would do when punching someone.
    This is highly disturbing behavior particularly that it is done in response to no threat of anything whatsoever.
    A loose canon.
    A liability to the department.
    A danger to public and citizen safety.
    He should lose his job and never be allowed to serve in law enforcement.

  • Rkelly72

    I cannot process the link to OPD. Think it has blocked further discussion?

  • John Kruzelock

    Once an asshole always an asshole

  • Elohim

    Remember – your taxes pay their salary! FTW

  • Huck

    Sounds like they both need to be looked into

  • MichaelFarese

    Can you tell all your “videographers” to not hold their cell phone cameras in portrait when recording? Seriously…

  • Fotaugrafee

    The other crime that I see here is holding the damn ‘video’ vertical. smh

    Cell phones are GREAT for fighting the cause, but worthless for idiots who don’t know how to use them properly. :(

  • Domingo
  • Metalius Shaperium

    FWIW…Update II video down. Here is a new link.
    https://www.youtube.com/watch?v=7Q_KotR5G_k

  • discarted

    I made a public records request for Martinez’s ADR and lapel camera, however Mike Adair denied my request. Unlike Florida, California’s public records laws are terrible and help hide a lot of corruption and criminality. It’s just like the California Police Bill of Rights.

    • discarted

      I tried to include a jpg of the denial with my comment, but the site won’t allow it for some reason.

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