| Back OpEd News | |||||||
|
Original Content at https://www.opednews.com/articles/Is-it-John-or-Jane-Law-s-D-by-Samuel-Vargo-Copblock_Criminal_Duty_Dying-140729-152.html (Note: You can view every article as one long page if you sign up as an Advocate Member, or higher). |
|||||||
July 29, 2014
Is it John or Jane Law's Duty to Protect and Serve? Well, Not Always (Part Three)
By Samuel Vargo
Was Eric Garner's case of police brutality and his subsequent murder at the hands of the NYPD an oddity? Well, if you tune into cop-watch websites regularly, as egregious and hideous as this "illegal" cigarette vendor's murder was, it is anything but extraordinary. There is a pattern, and also, a sordid culture, of such transgressions. Cop-watch Internet sites are never at a loss to find new material to post daily.
::::::::
If you believe the July 17 senseless vicious death of Eric Garner by a number of New York City's 'Finest' is an isolated incident -- an unfortunate peculiarity -- it's an example of your own naivete and ignorance. There has been an ongoing, ever-building pattern of police brutality and similar horrid acts not only in New York City, but throughout the United States.
You're not to blame for being misinformed, though. The mainstream media has done an inadequate job of covering a constant onslaught of police brutality and sundry abominable wrongdoings by law-enforcement officials in the USA. Every so often a case like Garner's is brought to the national news forefront, but such nationally broadcasted accounts are rare. Not that Garner's case does not deserve to be in the middle of the national spotlight -- his death is a horrible and senseless tragedy. What happened to Garner has many wondering how something so sinister could occur in what is supposed to be a free country. The American public watched in horror as national news outlets showed Garner struggling and soon even dying, who was in every sense a victim and hardly a criminal. He was attacked by NYC cops, strangled, roughed up, banged down onto the concrete, and finally throttled and choked even more. Taking his last few breaths, all the time we heard Garner gasping, "I can't breathe. I can't breathe."
Garner, who was arrested by New York City police for reportedly "selling cigarettes illegally," is just one of many victims who have succumbed in recent days to violence and needless terror at the hands of police in America. At Garner's funeral on Wednesday, July 23, some people who attended Bethel Baptist Church in Brooklyn were talking about other men who were killed during altercations with New York City police officers -- and a few of the names that came up included Sean Bell, Amadou Diallo and Anthony Baez. (See: http://www.salon.com/2014/07/24/when_does_your_decency_kick_in_police_overreach_and_the_eric_garner_difference/.)
Yes, the beat goes on in other areas of the country. . .
The Orange County Register published an article and accompanying video on Friday, July 25, of a man who was so severely beaten by police in Santa Ana, Calif., that he had to be taken to a hospital. Edgar Vargas Arzate's mother, Olivia Arzate, heard that her son was arrested, but was baffled by why Edgar needed to be hospitalized. A few weeks later she knew why - Olivia saw a video of her son, captured by a security camera attached to the roof of a nearby house, which showed Edgar raising his hands in the air while a cop signaled to him with a flashlight to lie on the ground. Then the video quickly evolves into something bordering on a shark-feeding frenzy - big burly guys dressed in blue uniforms begin beating Arzate, who by now is lying on the ground, on his stomach, in a yard. While an officer has Edgar pinned to the ground, another cop approaches and appears to put a knee on Arzate's back, then strikes him hard with six consecutive punches. More officers arrive. At one point, Arzate can be seen on his side as the team of cops reach toward his hands, which are near his stomach. Although Arzate's actions are outside the view of the camera, this is police brutality at its worst -- in criminology-textbook form. Why didn't the cops simply handcuff Arzate, throw him in a cruiser, and get him down to the police station where he could be booked and jailed? (See the video and article here: http://www.ocregister.com/articles/arzate-629854-vargas-edgar.html.)
"Yes, arrest and punish him, but why did they hit him?" Olivia Arzate said in the online page of The Orange County Register. (See, ibid: http://www.ocregister.com/articles/arzate-629854-vargas-edgar.html.)
Although Edgar Vargas Arzate was allegedly involved in attempted burglary, the police appear in the video even more criminal than someone committing such a serious felony.
Police officials in Santa Ana claim that the 27-year-old Arzate fled from officers during a burglary call on June 20, jumped over backyard fences and climbed onto roofs to evade being apprehended and arrested. But police caught up with him near the 400 block of Sycamore Street in Santa Ana -- just a few blocks from Arzate's residence. He was subsequently charged with attempted burglary, battery on a peace officer, unlawful tampering of a vehicle, and resisting a police officer, according to court records. (See, ibid: http://www.ocregister.com/articles/arzate-629854-vargas-edgar.html.)
There's always the threadbare argument that police are stressed out, that they're overworked, that they deal with the criminal element doing horrid heinous things all day, every day, nonstop. So they have every right to treat criminals in a brutal way. But police cannot unnecessarily and brutally injure or kill someone. No. We expect, deserve and demand much better here -- in the USA, supposedly a free country. And this evolution into a police state is gripping everywhere -- coast to coast.
When police resort to needless violence to fight crime, they, in turn, become criminals. One of the first studies of any beginning Political Science class are the definitions of varied types of societies and what earmarks them as being such; and one of the sure-fire signs of a totalitarian police state is the "might is right" concept, the smashing and hard nightstick, and the threat of confinement in a cellblock - usually for unfair and unjust reasons.
Fostering a crime-fighting culture in which violent uniformed criminals wearing badges are attacking, maiming, and oftentimes killing other criminals is mere vigilante justice. In many regards, it's even worse than a police state, since at least a police state is put in place to retain some semblance of order. But any more, in many places in the USA, there is no such thing. Everything has denigrated, dissolved and atrophied into bedlam, chaos and disarray.
And countless victims who are attacked and sometimes even killed by the police are hardly involved in egregious criminal acts. Many are like Eric Garner, who was allegedly "illegally trying to sell cigarettes," according to police reports. This is hardly material for America's Most Wanted. Garner's case probably wouldn't even have made it into eight-point type in the police blotter of a local shopper circulated in that particular area of the Big Apple. Such a minor crime is hardly even newsworthy.
Even if Garner was selling mass amounts of heroin or crack, he shouldn't have been put into a chokehold and subsequently murdered. Why? Because it is not allowed, that's why. The NYC Police Dept. is not sanctioned to use chokeholds to apprehend even the most diabolical and dangerous criminals.
There are a number of other cases of police brutality and wrongdoing circulating currently on Internet cop-watch websites. Like the previous two stories in this series, this article has been written as a hard-copy piece. There is no commentary included here since these excerpts and their links to articles, video clips, and news broadcasts say plenty and no editorializing is required.
*****
* The Miami Herald reported Monday, July 21, that emails were circulated by Dade Correctional Institution administrators, corrections officers and medical staff right after the scalding shower death of 50-year-old, mentally-ill prisoner Darren Rainey. Jail guards allegedly forced Rainey to take a shower that was so hot that Rainey's skin separated from his body, which created this mess of electronic message madness. Electronic correspondence began right after Rainey's body was discovered in a puddle of steaming hot water at the Dade Correctional Institution in 2012, showing many disparities and conflicting and confusing accounts, the major Florida daily reports. (See: http://www.miamiherald.com/2014/07/21/4247793/emails-show-coverup-of-miami-dade.html)
The night of Rainey's death and well into the following morning, jail administrators and corrections officers, along with medical personnel, told widely conflicting stories about what led to Rainey's death. At one point, they even claimed that Rainey had turned up the water temperature, essentially scalding himself to death, according to emails obtained by editorial staff members of the Miami Herald. The investigation into Rainey's death, however, flagged and waned for nearly two years. Then, this spring, the Miami Herald again began asking questions about the matter. Prior to this, neither Miami-Dade police nor Florida Dept. of Corrections (DOC) investigators interviewed witnesses who claimed they had evidence that Rainey was killed by the guards. (See, ibid: http://www.miamiherald.com/2014/07/21/4247793/emails-show-coverup-of-miami-dade.html.)
Florida Gov. Rick Scott on July 21 gave his first comment about this cryptic and controversial alleged shower-stall atrocity, admitting that the Miami-Dade Police Department's investigation into Rainey's death had "taken a long time." The Republican governor, however, has been accused by The Miami Herald of equivocating and "sidestepped questions about why the two guards accused of killing Rainey were allowed to continue to work at the prison after Rainey's death." (See, ibid: http://www.miamiherald.com/2014/07/21/4247793/emails-show-coverup-of-miami-dade.html.)
While corrections officers who placed Rainey in the shower stall, and who were responsible for safeguarding him as he cleaned himself, claim that Rainey was "checked periodically," on June 23, 2012, other inmates who witnessed this showering incident say the guards made the water temperature as hot as it would go, and these guards allegedly mocked and teased Rainey, then walked away as Rainey was reportedly and allegedly left in the small shower stall for nearly two hours under a blasting of scalding hot water. Rainey was serving a two-year sentence for drug possession. He suffered from severe mental illness and was housed in DCI's psych unit. "He finally collapsed and died, his skin so scalded that chunks of his flesh had fallen off his body. Afterward, one inmate claimed he was ordered to clean up the site," The Miami Herald online offering states. (See, ibid: http://www.miamiherald.com/2014/07/21/4247793/emails-show-coverup-of-miami-dade.html.)
-----
* On July 21, The New York Times was the first to report that New York City government officials agreed to pay $2.75 million to settle a lawsuit filed in 2013 in federal court in Manhattan by the family of Ronald Spear, who died in December 2012 in Rikers Island jail. The 52-year-old victim's father said his son was assaulted because of complaining at the jail, and also because of the insufficient medical care Ronald Spear was given. He was arrested for burglary in September, 2012. (See: http://america.aljazeera.com/articles/2014/7/21/rikers-settlementreached.html.)
According to media reports, Ronald Spear suffered from chronic kidney disease and had to use a cane for ambulatory reasons. In late 2012, he filed a lawsuit (separate from the lawsuit filed by his family after his death) against New York City's Dept. of Corrections, blaming them for his being denied medical care and after he complained to jail officers about his health condition (jail workers allegedly reacted violently towards Spear after he made these complaints). The lawsuit alleged that Spear, arrested for burglary in September 2012, had been kicked in the chest and in the face by a correction officer while being pinned down by two other jail guards. The New York City Office of Chief Medical Examiner ruled the death a homicide, citing "blunt force trauma to the head" as a contributing factor, according to the lawsuit. According to media reports, Ronald Spear lived for a short time following this bludgeoning and it was during this time that he filed his lawsuit. (See: http://www.nytimes.com/2014/07/21/nyregion/new-york-city-to-pay-2-75-million-to-settle-suit-in-death-of-rikers-island-inmate.html?hp&action=click&pgtype=Homepage&version=HpHeadline&module=second-column-region -ion=top-news&WT.nav=top-news&_r=0.)
Jonathan S. Chasan, a lawyer with the Legal Aid Society, which helped represent the family, said in The New York Times online page that the case was "yet another example of the persistent problem of excessive force in the New York City jails, a problem that has not been adequately addressed or remediated." (See, ibid: http://www.nytimes.com/2014/07/21/nyregion/new-york-city-to-pay-2-75-million-to-settle-suit-in-death-of-rikers-island-inmate.html?hp&action=click&pgtype=Homepage&version=HpHeadline&module=second-column-region -ion=top-news&WT.nav=top-news&_r=0.) In recent months, a sweeping and intensive investigation into alleged violence and other criminal acts by corrections officers at Rikers Island jail complex has led to the arrest of over a dozen corrections officials. In March, an officer was charged with depriving a mentally ill inmate of medical care after this inmate swallowed a corrosive disinfectant. The inmate eventually died. And earlier this year, too, a convict who suffered from an emotional illness died in an overheated cell and his family has filed a $25 million lawsuit against New York City government. (See: http://america.aljazeera.com/articles/2014/7/21/rikers-settlementreached.html.)
-----
* The U.S. Department of Justice announced on Thursday, July 24, that it reached an agreement with the city of Albuquerque, N.M., to address a "pattern or practice of excessive force" by the problem-plagued Albuquerque Police Department. The DOJ said the city has agreed to allow an independent monitor and the courts to oversee reforms at the police department, along with community input and involvement. According to a joint statement, the department and the city plan to implement reform in eight areas of concern: "use of force policies, interactions with individuals with mental illness and other disabilities, tactical units, training, internal investigations and civilian complaints, management and supervision, recruitment and selection of officers, and community engagement and oversight." (See: http://www.cnn.com/2014/07/24/justice/albuquerque-police-brutality-federal-reforms/index.html?sr=sharebar_facebook.)
Following news of this agreement, U.S. Attorney General Eric Holder said, "This agreement marks an important step forward in addressing the unreasonable use of deadly force uncovered in our investigation into the Albuquerque Police Department.... I am confident that the Albuquerque Police Department will be able to correct troubling practices, restore public trust, and better protect its citizens against all threats and dangers - while providing the model of professionalism and fairness that all Americans deserve." (See, ibid: http://www.cnn.com/2014/07/24/justice/albuquerque-police-brutality-federal-reforms/index.html?sr=sharebar_facebook.)
The DOJ established in a report released in April that Albuquerque police had a history of brutality and needless deadly force, saying: "The pattern and practice is the result of serious systemic deficiencies in policy, training, supervision and accountability. The police department's failure to ensure that officers respect the Constitution undermines public trust," the DOJ said in the report. The reforms will include input from the community and the police department."
Damon Martinez, U.S. attorney for the District of New Mexico, added, "We have asked for and received valuable ideas and insights from officers, members of the community, representatives of many organizations, and others who have a stake in the future of our community." (See, ibid: http://www.cnn.com/2014/07/24/justice/albuquerque-police-brutality-federal-reforms/index.html?sr=sharebar_facebook.)
Police brutality has been an ongoing nightmare in Albuquerque, which is New Mexico's most populated city. This barbarism and evil reached a boiling point in March when protesters clashed with police for more than 12 hours over the fatal shooting of James Boyd, 38, a homeless man. Although Boyd was said to have been armed, holding two small knives in his hands during this standoff, many feel a more peaceful end could have concluded this impasse. Boyd, who was shot in the back by Albuquerque police after a two-hour-long standoff after "illegally camping" on the hills above Albuquerque, ran from the cops in s short sprint while being pummeled by bullets, and after Boyd was shot, a police dog was unleashed upon him as he lay bleeding and suffering, head-down, on the ground. The shooting was caught on video and was shown on an Outfront investigation by CNN's Erin Burnett. At the time of his death in an Albuquerque hospital, Boyd was the 26th victim in the previous four years of being killed by Albuquerque police. (See the CNN article and video clip here: http://www.cnn.com/2014/06/20/us/albuquerque-police-investigation/index.html.)
-----
* Aaron "AJ" Huntsman, a 19-year-veteran Connecticut State Trooper, will appear in court this fall for sentencing after he was found guilty of stealing cash and jewelry from a motorcyclist who was dying on the side of a Connecticut highway. Huntsman was caught on his patrol car's dash cam pilfering cash, as well as a golden crucifix, from a dying man. Huntsman pleaded guilty July 16 to two felony charges of third-degree larceny, along with tampering with evidence. (See: http://thefreethoughtproject.com/cop-caught-stealing-dying-motorcyclists-3700-golden-crucifix-dash-cam/.)
The Connecticut Post reported that the dashboard camera captured a grisly scene as Huntsman picked up the jewelry from a pool of blood, along with a roll of bills from Scalesse, who was the victim of a fatal accident. After Huntsman entered his Alford plea on Wednesday, Superior Court Judge Robert Devlin reportedly said he plans to sentence Huntsman to 16 months behind bars and five years of probation. That sentence is expected to be handed down on Oct. 3. Huntsman was suspended from his job after he was arrested and remains free on bail until his sentencing. (See: http://www.huffingtonpost.com/2014/07/18/aaron-huntsman_n_5599301.html.)
The dying motorcyclist, John Scalesse, was an executive of a masonry company and was 49 years old when he was killed on Sept. 22, 2012. He died after his motorcycle crashed into a construction company truck on a highway and during his dying moments, Scalesse was approached by Trooper Huntsman, the first responder to arrive at the accident scene. Huntsman reportedly walked over to where Scalesse was lying, then bent down and picked up Scalesse's gold chain and a roll of bills containing $3,700. When asked about the money by Scalesse's grieving father, Huntsman said he didn't see any money. The lie ultimately became exposed when the cash was found under the front seat of Huntsman's patrol car. According to State Police, Huntsman continued to claim that he was innocent, even after he was shown a video of him taking the money. (See, ibid: http://thefreethoughtproject.com/cop-caught-stealing-dying-motorcyclists-3700-golden-crucifix-dash-cam/.)
"John didn't deserve his memory to be tarnished like this and we are finally glad it's almost over," Scalesse's mother, Marguerite Scalesse, told The Connecticut Post. (See: http://www.huffingtonpost.com/2014/07/18/aaron-huntsman_n_5599301.html.)
-----
* Averal "Junior" Burnett, 47, a 22-year veteran of law enforcement, who was jailed without bond for a forcible-rape charge, was recently also hit with two attempted capital-murder charges involving a murder-for-hire plot, according to a July 23 online page of a Mississippi daily newspaper, the Hattiesburg American (see: http://www.hattiesburgamerican.com/story/news/crime/2014/07/23/former-cop-faces-murder-hire-charges/13071261/).
Burnett has been accused of giving money to a former Pearl River County Jail inmate to kill two people tied to Burnett's rape case. Burnett was arrested June 1 by the Mississippi Highway Patrol for an alleged assault of a female in Lamar County, Miss., on May 31, according to law enforcement reports (see: http://www.hattiesburgamerican.com/story/news/2014/06/04/former-police-officer-jailed-rape-charges/9988359/).
Lamar County Justice Court Judge Charles Greer denied bond for the former Hattiesburg police officer and Lamar County sheriff's deputy on June 3. According to the Hattiesburg American, "The charge was first sexual battery, but it was upgraded to rape.... He was denied bond because of threats he made to law enforcement, for the protection of the victim and because he is considered a flight risk," said Sandra Barrett, Lamar County Justice Court clerk. (See, ibid: http://www.hattiesburgamerican.com/story/news/2014/06/04/former-police-officer-jailed-rape-charges/9988359/.)
Burnett, who was employed as a police officer by the Hattiesburg Police Department for a little more than two decades overall, and who spent less than a year as a full-time law enforcement officer with Lamar County Sheriff Department, faces a possible life sentence on the rape charge alone. The attempted capital-murder charges could carry up to a life sentence, if decided by jury. However, if the attempted-murder case is decided by a judge, the sentence would range from no less than 20 years up to "one day less than life." [An actuarial table similar to an insurance company's would be used to determine Burnett's lifespan and he would then be sentenced to be released at that age, less one day, said Lamar County District Attorney Hal Kittrell.] (See, ibid: http://www.hattiesburgamerican.com/story/news/crime/2014/07/23/former-cop-faces-murder-hire-charges/13071261/.)
South-central Mississippi's WDAM Channel 7 reports that a former inmate who was incarcerated with Burnett brought the alleged murder-for-hire scheme to the attention of the Picayune Police Department. "The former inmate had received payment from Burnett to attempt to continue this crime, but before that he notified the police, who in turn notified us," said Chief Deputy Shane Tucker. (See: http://www.wdam.com/story/26073868/former-pine-belt-police-officer-charged-with-two-count-of-attempted-capital-murder[sv1].)
Investigators at Pearl River County Sheriff's Department and the Mississippi Bureau of investigation took on the case and found that the information from the former inmate was detailed and accredited. Warren Strain, public affairs officer with the Mississippi Department of Public Safety, confirmed that agents with the Mississippi Bureau of Investigation had been assisting the Pearl River Sheriff's Department with the investigation. Because Burnett's alleged felonies are still under investigation by a number of police entities, including the Mississippi Bureau of Investigations, little has been released concerning details. (See, ibid: http://www.hattiesburgamerican.com/story/news/crime/2014/07/23/former-cop-faces-murder-hire-charges/13071261/. See related links here: http://www.newsms.fm/veteran-officer-charged-forcible-rape/ and http://www.enquirerherald.com/2014/07/24/3119930_ex-cop-charged-in-murder-for-hire.html and http://todayssexualassaulthargesagainst.blogspot.com/2014/06/former-hattiesburg-and-lamar-county.html.)
The following Facebook pages were used in data collection and for researching excerpts of this article: Albuquerque Cop Block, Az Copwatch, Bedford CopBlock, Brunswick Cop Block, Copwatch World-News, Florida CopWatch, Pittsburgh CopBlock, and Stop-lapd Spying.Samuel Vargo worked as a full-time reporter and editor for more than 20 years at a number of daily newspapers and business journals. He was also an adjunct English professor at colleges and universities in Ohio, West Virginia, Mississippi and Florida for about a decade. He holds a B.A. in Political Science and an M.A. in English (both degrees were awarded by Youngstown State University).