May 20th, 2014

Albuquerque Cop Causes Man to Loses Testicle while Seizing Phone and Deleting Footage of Altercation 70

By Carlos Miller

With the arrogance and aggression we’ve come to expect from the Albuquerque Police Department, an officer kneed a suspect in the groin after the man refused to sit on the curb during a traffic stop – leaving the man with only one testicle – before turning to the man’s friend recording the incident, then seizing his phone and deleting his footage.

But the cop, Pablo Padilla, forgot to delete the footage from his own lapel camera.

KRQE News 13 has obtained the lapel camera video showing what happened during the DWI arrest of a UNM law student who says an APD officer roughed him up so badly, doctors had to remove one of his testicles.

Police: Sit down or I’m going to mace you. It’s real simple.
Martin: Mace me.
Police: Sit down or I’m going to mace you, sir
Martin: Mace me. Mace me, please. I would love for you to mace me. That would be fantastic.

The officer pulled out his Taser when 24-year-old Jeremy Martin continued to ignore his demands to sit down on the curb.

Martin instead begged the officer to let him go.

Eventually, Martin says, the officer kneed him in the groin and severely injured his testicle.

Martin: Sir sir sir (scuffle)
Police: Turn around
Police: Turn around
Martin: Stop using aggressive force. Don’t kick me in the nuts. Aw you motherf*****
Police: Get on the ground
Martin: Don’t kick me in the… Aw you f*****

Padilla is now on desk duty and might get fired for the incident. But only because he left a man with one testicle. Not because he destroyed evidence.

Below is his version of the events that took place that night.

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  • matism

    Hopefully the meaning of that “APD” acronym will soon change.

  • Christopher Shepard

    Delete evidence? Should be automatic termination.

    • Guest

      Should be an automatic charge of tampering with evidence. But we all know the DAs in this country are the biggest traitors to their oath.

    • ENTWAFFNUNGDERGESTAPO!

      and automatic capital punishment for LEOs, politicians, and lawyers

  • StreyDawg

    This kind of shit is porn for police officers.

    Sick bunch of turds.

    • ENTWAFFNUNGDERGESTAPO!

      except they prefer minors

    • http://www.facebook.com/profile.php?id=100002329011677 Jaysin R Clifton

      most likely they beat off to the video later

  • JCFROMNJ (the Real one)

    I’m not sure if Martin is buzzed or not, but that shot to the nuts should be enough to get to get Pablo Padilla fired. Found an interesting site by an ex-FBI agent Jim Fisher. He has some statistics on the Murder by Cop per State…glad I don’t live in any of them. Florida is at the top. Who knew that New Jersey was a safe placed to live if you objected to getting killed by law Enforcement ?

    http://jimfishertruecrime.blogspot.com/2012/01/police-involved-shootings-2011-annual.html

  • ENTWAFFNUNGDERGESTAPO!

    should this shitstain’s lynching be quick and merciful? or is justice better served by an execution that is slow, cruel, and unusual?

    I know my recommendation.

    Before the barrage of shitheads who think the Martin deserved it begins (DWI?), ask yourself how many times you think padildo has been driving drunk. More than once would be my guess, and probably with the endorsement of his collective.

    • PINAC Troll

      Well Martin asked for it that got what he wanted, so what are you crying for? The fact that if Padilla ever drove drunk is irrelevant to this case.

      • ENTWAFFNUNGDERGESTAPO!

        what language are you writing in, gustav? mandarin?

        • PINAC Troll

          ….Carlos Miller calls me a troll…smh…that I would like him to explain.

          • ENTWAFFNUNGDERGESTAPO!

            we will need to investigate this, gustav.

            thank you for brining this to our attention. in the meantime you, may view our comment, question, suggestion, and complaint process at afnmfh.com.

            thank you and have a nice day.

          • PINAC Troll

            It is not only me that sees why Carlos Miller is washed up going down the drain.

          • ENTWAFFNUNGDERGESTAPO!

            we apologize for your plumbing problems, gustav. and any other inconveniences.

            as previously stated, your time would be best spent at afnmfh.com.

  • Dave

    while yeah i can see how cops are going to say he was warned several times to sit down, at no point should any of that warrent a physical attack. At no point did the person become aggressive. Just because a person isnt obeying your every command doesnt mean you have to attack them. I also think cops are trained to say “stop resisting” everytime there is an attack to help their side of the story even if there was no altercation

    • dickgosinya48

      They are trained to say that, no doubt.

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

      They are trained to say that to keep breathing. The natural inclination in a fight is to stop breathing, and you tire more rapidly due to lack of oxygen. By saying “stop resisting” it accomplishes two things, 1) the officer is forced to breathe, and 2) give commands to the subject.

      The subject was resisting, BTW. Resisting does not have to be an aggressive attack, it can consist of pulling one’s hands away, attempting to turn, etc.

      That doesn’t excuse the knee to the groin, which was excessive and inappropriate.

      • Burgers Allday

        ridiculous. this is the kind of post that causes you to lose cred, ecls.

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

          I really don’t care if you believe it or not.

          Fighters – MMA, boxers, martial artists – all train to breath and fight. Police don’t get the same amount of training. By teaching the officer to repeatedly say “stop resisting” or “back off” or whatever, it forces the officer to exhale. The body then naturally inhales.

          Or was it the resisting part? If so, I can go back later and note the specific times for specific actions that support the fact that he was in fact resisting.

          • Burgers Allday

            I can’t wait until the first time this theory is presented in court. Bodies in motion tend to stay in motion. Bodies at rest tend to stay at rest. By definition we all resist every use of force. His face broke my hand, etc.

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

            “However, the reason for verbalizing is far more important than this: it
            keeps us BREATHING. The number one issue we have with people learning
            to defend themselves is that they hold their breath while fighting.
            This is normal under stress as we get so focused on the mission we
            forget to breath. By giving verbal commands to the attacker we keep
            ourselves breathing. To do this correctly, use short, one word
            commands; STOP (strike), GET (strike), BACK (strike), etc. If the
            commands are too long, you will run out of breath. We will give another
            important reason for verbal commands next time.” Steve Sheridan, Combat/Fight Breathing – Verbal Commands Pt. 1, May 10, 2013, at http://www.tallymartialarts.com/the-importance-of-verbal-commands/

            It’s already been presented in court, a number of times. The above took me about 20 minutes to find, I’m sure I can find other examples. The instructors are also police DT instructors.

            I’ll review the video and point out types of resistance and times, since you apparently can’t see them.

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

            OK, here’s the timeline.

            0:45, the officer tells the subject to remain on the curb, not to get back up or he’ll be handcuffed

            1:13, the subject gets up, saying “we need to talk about this” after the officer told him no

            1:16, the officer warns the subject that he will be maced

            1:17, the subject steps forward and says “mace me”

            1:45, the officer again tells the subject to sit down

            2:02, subject doesn’t comply when faced with taser

            2:12, when told to sit down, subject says, “no, I’m not”

            2:20-25, officer goes hands on, starts to turn subject around, subject turns back towards officer

            2:27, officer knees subject in groin

            2:35, subject says “fuck you” and pulls hand away from officer

            2:50, subject will not allow his hand to go behind his back

            3:00, subject rolls onto back to face officer

            3:09, subject calls for his friends in the car to come and help him (to fight the officer)

            3:23, first handcuff goes on

            3:32, subject is attempting to get up off of the ground

            3:51, subject is finally handcuffed

            Burgers, this is a classic case of resisting. If you can’t see that, well, I’m sorry, but maybe criminal defense work isn’t the area you should concentrate on.

          • Burgers Allday

            No, it is a classic case of non-compliance (at least until the testicle is smashed). You conflate the two (non-complince and resistance) only because of your brainwashing.

          • Burgers Allday

            Let’s be clear here: I am all for other verbal commands (as long as only one popo is giving them). However, that command should not be “stop resisting.” It should be something that can be complied with, and a fair opportunity to comply should be given after each time the command is repeated.

            It is specifically, the invocation of “stop resisting,” uttered (often repetitively uttered) while the officer is beating the suspect that is a ridiculous sham. It trivializes more serious and realistic commands, too.

            Suspects should not be expected to comply with commands while getting a beating, or a choking. If the officers feel the need to say anything while actively administering the beating, or choking, then I propose any one of the following as a suitable alternative to “stop resisting”:

            1. “I will limit myself to reasonable force”

            2. “I will stop beating you as soon as I get cuffs on you”

            3. “Hail Mary, Full of Grace”

            4. “Thank you for not spitting.”

            5. “My badge number is: 12345″

            6. “Bystanders, please get this on video, for court later”

            7. “Bam! Sock! Pow!”

            8. “This hurts me more than it hurts you.”

            9. “You are a very good fighter.”

            10. “Seig! Heil!”

      • Voice-Of-Concern

        No thoughts on the officer erasing the witness video?
        I am just shocked

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

          I already said he should be prosecuted for that, and outlined what the punishment range was.

          I’m not going to repeat it every time I post.

      • guest

        And therein, lies the brainwashing of the educated American.
        The knee is seen as the problem. You are not even close to identifying the real underlying issue. It’s not the knee, it’s the entire process of engagement between
        a sworn peace officer and a citizen. Confrontation and physical force is selected in place of actions and words that would persuade an individual to comply without the use of violent physical force. The resort to violence is so culturally ingrained and widely accepted that anyone who has been a direct part of that culture (eg an LEO such as you) cannot recognise that force really can be a last resort and exercised infrequently. It will take generations to understand that real power is in words, not the barrel of a gun. However, I think a revolution will come before that day; in fact, I hope a revolution will come, because the culture is too deeply rooted to change.

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

          The level of force was excessive. The use of force was not.

          • guest

            You so beautifully just proved my case. Using force was never necessary. But go on believing that force is necessary to control these sorts of situations; you are part of a system that has brainwashed you and you will never see a counter perspective. And it lends your argument no credibility that you were once an LEO and experienced the ‘front line’.

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

            Yeah, whatever.

            Thanks for playing.

          • guest

            Whatever? Are you 13?
            Playing? What the fuck are you talking about? You probably think you sound cute. You just sound defeated and childish.

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

            No, that’s the line I use when I’ve determined that you have nothing useful to say.

            Thanks for playing.

          • guest

            The line you use? Yes, you are childish. And you are too old to question your belief system because altering it would be too confronting for you. Like a large number of people, you develop your theoretical base very early and it never evolves,beyond a bit of tinkering here or there. Why am I bothering to write these things? Because I’ve read some of your posts and you become highly defensive or passive aggressive when your belief system is challenged by anyone.
            Now, for your next automated move:
            1. Ignore or write off the comment with a cute line
            2. Prove your overwhelming intelligence and superiority
            3. Try something different just to vary from your usual responses above
            You see, you need to grow up and realise that you are just one very, very small human being in a universe full of other human beings who are just as important, and equal to, you. It’s never too late.

  • Lt. Redacted, USMC

    I’m going to have to avoid Alberquerque because I have a zero tolerance policy for thugs and bullies. I don’t give a damn if they have a badge, they pull this crap in my presence ON ANYONE and they will be the recipients of PAIN. <— And this is the mellow version of how I really feel!

  • Jack Brown

    Maybe I’m jaded, but I’m more shocked to see a police report written in Comic Sans font than I am to read about a man losing a testicle to state-sanctioned violence.

    • Tijuana Joe

      The typeface was a last-ditch effort to make the whole episode seem warm-and-fuzzy
      in order to circumvent an Internal Affairs investigation.

  • http://www.facebook.com/profile.php?id=100002329011677 Jaysin R Clifton

    silly kid. he didn’t know that cops only let lawyers judges and other cops go. the desecration of the cops doesn’t apply to civilians, the very people who pay their bills

  • dissentingd

    Lets all call APD and ask when Padilla is being charged with destruction of evidence.

    • theaton

      It would be better to call the Bernalilo County District Attorney. (505) 222-1099

      • dissentingd

        Great advice! And thanks for the number!

  • inquisitor

    It would seem it had been established that the suspect was drinking and driving.
    He looks and sounds intoxicated. And who knows what his driving was like to warrant being pulled over. I wonder if this was after a sobriety test.

    Should this all be true regarding the suspect, then you should sit your ass down and be still when the officer informs you to do so.

    • Guest

      That point is certainly arguable. What’s your take on the tampering with evidence part?

    • Guest

      That point is certainly arguable. What’s your take on the tampering with evidence part?

      • inquisitor

        It goes without saying that tampering with evidence is wrong and illegal.
        But that does not make the drunk driver any more sober.

        • Guest

          It almost always goes without charging as well, when this felony crime is committed by a police officer.

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

            It’s not necessarily a felony, and definitely not a felony in this case. Tampering with Evidence, N. M. S. A. 1978, § 30-22-5, would be a petty misdemeanor in this case, punishable by up to six months in jail and a $500 fine.

            He should be charged with it though.

          • dickgosinya48

            And, more importantly, permanent revocation of certification. That’s something you lawyer types could make happen through legislation!

          • Rail Car Fan

            That’s only if (as a lawyer), you’re not one of those “Ex-Cop’s” who tend to side with your former “Thin Blue Line” buddies… and then it’s “Cops Can Do NO Wrong!” for some.

            Rail Car Fan

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

            I’m glad to see you’re still an idiot.

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

            It depends on the state. In Texas a conviction for that would cause him to lose his license, but any criminal conviction does that here. NM I’m not sure about.

          • n4zhg

            Too bad. Even a cop can survive six months in jail.

        • Frodo

          Tampering with evidence is only illegal for regular citizens, cops can tamper with evidence if they want. They teach this at the academy.

  • RPM

    One word: BAMBUSER

  • dickgosinya48

    ” closed distance to officer Padilla”… another lie the officers’ own video reveals.

    • Voice-Of-Concern

      Don’t worry. I sure all claims of wrongdoing by the officer will be found to be unsubstantiated. Just like jeff grey’s recent video.

      Until cops can be investigated with teeth, by non-cops, there no reason to believe things will change.

  • William Jonathan Brasky

    Cop definitely needs to spend time in the pokey for destroying evidence, but if he had cause to detain the victim then he has the authority to use force… Don’t fight the police unless you are innocent or accept the consequence of fighting them when guilty..

  • Frodo

    Cops like this need to shot dead on site, and i’m not to type to easily make those types of comments. It’s just a nut today, tomorrow it’ll be brain damage on some other poor citizen.

    • ENTWAFFNUNGDERGESTAPO!

      i agree with the sentiment, but believe this is an unconsciounable waste of a bullet. I recommend hanging, either formal or a lynching. You can always use the rope again.

  • Glenn

    This cop can’t write for chit. Zero English language skills. F- grade on that. Z- for his deceptions.

  • Tijuana Joe

    Three pints of IPA in a adult male is about to get you to .06 BAC, I would estimate.
    Legal to drive on that. What BAC did he end up having.? Or is noncompliance now considered so serious that BAC doesn’t even matter?

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

      You may want to check your chart, which are normally based on 12 oz beers instead of 16 oz pints. Three pints is the equivalent of four 12 oz beers, or at about the .09 BAC range. He didn’t have a BAC because he refused the breath test.

      • Pragmatic Liberaltarian

        IPAs are also higher in alcoholic content than your average beer. And, of course, just because he said he had 3 IPAs, doesn’t mean that’s what he actually had to drink.

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

          Yeah, lol, I never had anyone lie to me about how much they had to drink…

    • Kirkus1964

      Depends on your weight.

  • Pragmatic Liberaltarian

    The full video can be seen at https://www.youtube.com/watch?v=ff8gp3qJ1d8&list=UUBvopWVE68xwckIyzacrG2g. The cop snatches the phone starting at 7:15 and erases the video starting at 9:10. It’s pretty blatant. Hope that’s a firing offense.

  • Pingback: Albuquerque Cop Causes Man to Loses Testicle while Seizing Phone and Deleting Footage of Altercation | Bydio

  • Other Side of the World

    The guy was uncooperative and did not follow the officer’s order repeatedly. No, he should not have kneed him – he should have TAZED him.

    • Pragmatic Liberaltarian

      That would have been an equally stupid excessive use of force.

      • ENTWAFFNUNGDERGESTAPO!

        i think the tazing recommendation might have been sarcastic. at least i hope so.

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