BusyTarpDuster2017 said:
90sBear said:
BusyTarpDuster2017 said:
90sBear said:
BusyTarpDuster2017 said:
90sBear said:
BusyTarpDuster2017 said:
Sam Lowry said:
BusyTarpDuster2017 said:
Sam Lowry said:
BusyTarpDuster2017 said:
Sam Lowry said:
Suspects generally do have a limited right to resist excessive force. We also know from the written police report what they claim Nichols was doing before the stop, i.e. driving on the wrong side of the road. That doesn't justify the amount of force used initially, much less a fatal beating. Deadly force can only be used when the suspect poses a threat of death or serious bodily injury.
The cops could help themselves if they came up with video of Nichols driving on the sidewalk and running over pedestrians. Failing that, their dumb asses are going to prison and rightly so.
So was his initial resisting arrest and running away justified?
I don't know that he was resisting initially. He was pulled from the car before you see anything else happen. At least by the time he ran, I would say it was justified.
The key phrase here is "before you see anything else happen" - that's what we've been discussing. It's hard to judge the cops pulling him out of the car either way without seeing what happened before. Could he have been non-compliant with the order to step out?
After that, clearly he resisted. I'll go with what Wangchung has been saying - if he wasn't resisting, how did he run away uncuffed, when that's what the cops were trying to do?
Exactly what did the cops do that makes you think that up until the point he ran away, that resistance was justified?
I saw no real effort to handcuff him. It seemed that either they weren't really trying or they had no idea how to go about it. They were just beating him up and shouting a lot of confusing, incoherent "commands." Even with the benefit of hindsight it's hard to tell what they were doing or what they wanted.
I do agree that the arrest appeared disorganized and sloppy. But there were clear orders for him to lie on his stomach - he would not, and he was resisting attempts by the officers to position him that way. There was clearly an effort to grab his hands to cuff him, which was made difficult partly because he would not lie down. There was no clear video of them "beating him up" during the initial stop, up until he struggles to get away, and at that point the camera is too shaky to make out anything. Your viewing of the video seems to be incorrect.
That's an opinion.
The "clear order" to lie on his stomach was one of many being yelled as they were on top him of him, wrenching his arm behind his back, and shoving a taser in his leg. I bet it's a lot clearer through your computer speakers from the comfort of your home as opposed to being the person shoved onto the pavement.
You say there was clearly an effort to grab his hands to cuff him. That's an opinion. I heard them threaten to break his arm off. I did not hear them say, "You are under arrest" nor did I see any handcuffs.
They were trying to get him to lie on his stomach, and pulled his hands behind his back - but none of that was to cuff him because you didn't see handcuffs, or hear someone say "you're under arrest"? Come on, dude.
That's the job. Perhaps these officers did not handle this encounter in the best most professional manner.
It's the job to make sure handcuffs are out and readily visible to the bodycam, even before the suspect is in proper position to place them, due to his resisting? It's the job to make sure "you're under arrest" heard on bodycam during the arrest, and not after the suspect is fully detained and under control, like what usually happens?
It was the job of every officer to activate their body cameras from the beginning of the encounter. Many chose not to. It went downhill from there.
Little about this encounter screams "what usually happens."
That's not what I asked. Your diversion from the point will be taken as concession.
And I agree that little about this is what usually happens. Nichols' resisting arrest included.
You have not answered many questions I have asked. Were you conceding all of those points? I'm not viewing this as a debate competition, so, sorry if you are.
You stated it was clear that they were attempting to handcuff and arrest him. I saw no handcuffs and I did not hear anyone utter the word "arrest" amidst all the other conflicting commands they were yelling at him at the same time. So exactly how clear that was seems pretty subjective to me.
It is the job of every police officer to handle every encounter as professionally as possible.
Is it their job to activate their body cameras at the start of all encounters and keep them on?
Is it their job to threaten to blow the suspects ass off?
Is it their job to pull a suspect from their vehicle?
Is it their job to shove a suspect into the pavement?
Is it their job to shove their arm behind their back?
Is it their job to threaten to break their arm?
Is it their job to shove a taser into their leg?
Is it their job to communicate clearly?
Is it their job to inform someone that they are being placed under arrest?
Is it their job to attempt to limit physical harm to a suspect?
The answers to all of these questions include a mix of "Yes", "No", and "Sometimes." Some we know they did not do properly, others we don't because we lack additional information.
Everyone knows that everyone cuts corners or doesn't do everything exactly by the book in their professional life. Sometimes it's because the rules just don't fit the exact situation and sometimes it's because they just did a crappy job that time. But we all know that we take the risk of being left without a chair when the music stops if something goes wrong. Well, the music stopped and something went wrong - big time.
My guess is every law enforcement agency and academy is watching every second of that video and trying to find every instance of when this whole thing could have been avoided or gone in a different direction. And yes, it's a whole lot easier to do so from your desk as opposed to being one of those officers in the moment, but that's the job.
I would really like to listen in on an inside law enforcement discussion of that video. I'm curious how many points along the way there are that are pointed at and said, "Had they not done it this way, there's a good chance things would have ended better."