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<![CDATA[police misconduct]]>

Tony Timpa’s Wrongful Death Trial Against Dallas Police Officers Begins

September 19, 2023 by Jeff Charles Leave a Comment

The civil trial in the case of the 2016 death of Tony Timpa during an encounter with Dallas police officers began on Monday. The incident did not receive much media attention at the time, but received more attention after the murder of George Floyd. While the officers involved in Timpa’s death were not convicted of a crime, his family has filed a lawsuit against the law enforcement officials.

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On August 10, 2016, Timpa, a 32-year-old trucking executive, called 911 for help. He had struggled with schizophrenia and anxiety, and he had not been on his medication at the time. He made the call from a parking lot in Dallas. The encounter with police ended with his death after one of the officers knelt on his neck for 14 minutes. Now, his family seeks to hold the officers civilly liable for his death.

A jury has been seated in the long-anticipated civil case against four Dallas police officers accused in the 2016 death of Tony Timpa.

Timpa, 32, died while in police custody. A body camera video released by the police department to NBC 5 and The Dallas Morning News showed officers mocking him as he pleaded for help dozens of times while restrained in handcuffs.

Timpa had initially called 911 from a parking lot saying he was afraid and unarmed and that he was off his medication for anxiety and schizophrenia.

Within about 20 minutes of police arriving, Timpa became unresponsive and died.

The road to this trial has been fraught with legal complications and setbacks. The Dallas County Medical Examiner’s Office deemed Timpa’s death a homicide because of the cocaine he had ingested and the officer’s restraint technique. Three of the officers were initially indicted on misdemeanor charges of deadly conduct. However, Dallas County District Attorney John Creuzot dropped the charges in 2019.

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Later, a federal appeals court ruled that qualified immunity, which could have shielded the officers from civil liability, would not apply to the officers.

Officer Danny Vasquez, one of the officials involved in the incident, denied responsibility for Timpa’s death during the trial. The officer claimed that they were “reacting to Mr. Timpa” and that he “had a pattern … of calming down and acting out and calming down and acting out.”

During the proceedings, the bodycam footage showing Timpa’s last moments was played for the court. This prompted an emotional response from Vicki Timpa, Tony’s mother. During his opening statements, her attorney argued that the officers should have employed a “five-man takedown” on Timpa, which is a tactic that law enforcement uses on an individual who is going through a mental health episode without affecting their ability to breathe.

The defense argued that it was Timpa’s lifestyle that led to his death. They referred to his struggles with drugs and mental health. The attorneys said the officers acted in accordance with their training and did not view their actions as unreasonable.

While Timpa’s death had several key similarities to that of George Floyd’s, it did not get the same level of news coverage on mainstream media outlets. This is likely because Timpa was white, which means there was no racial angle present in his encounter with the police.

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The trial has already received national media attention and prompted a debate on police protocols and training, especially when it concerns those suffering from mental health problems.

Filed Under: <![CDATA[dallas]]>, <![CDATA[law enforcement]]>, <![CDATA[Mental Health]]>, <![CDATA[police misconduct]]>, <![CDATA[qualified immunity]]>, <![CDATA[Tony Timpa]]>, News, Red State

Tony Timpa’s Wrongful Death Trial Against Dallas Police Officers Begins

September 19, 2023 by Jeff Charles Leave a Comment

The civil trial in the case of the 2016 death of Tony Timpa during an encounter with Dallas police officers began on Monday. The incident did not receive much media attention at the time, but received more attention after the murder of George Floyd. While the officers involved in Timpa’s death were not convicted of a crime, his family has filed a lawsuit against the law enforcement officials.

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On August 10, 2016, Timpa, a 32-year-old trucking executive, called 911 for help. He had struggled with schizophrenia and anxiety, and he had not been on his medication at the time. He made the call from a parking lot in Dallas. The encounter with police ended with his death after one of the officers knelt on his neck for 14 minutes. Now, his family seeks to hold the officers civilly liable for his death.

A jury has been seated in the long-anticipated civil case against four Dallas police officers accused in the 2016 death of Tony Timpa.

Timpa, 32, died while in police custody. A body camera video released by the police department to NBC 5 and The Dallas Morning News showed officers mocking him as he pleaded for help dozens of times while restrained in handcuffs.

Timpa had initially called 911 from a parking lot saying he was afraid and unarmed and that he was off his medication for anxiety and schizophrenia.

Within about 20 minutes of police arriving, Timpa became unresponsive and died.

The road to this trial has been fraught with legal complications and setbacks. The Dallas County Medical Examiner’s Office deemed Timpa’s death a homicide because of the cocaine he had ingested and the officer’s restraint technique. Three of the officers were initially indicted on misdemeanor charges of deadly conduct. However, Dallas County District Attorney John Creuzot dropped the charges in 2019.

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Later, a federal appeals court ruled that qualified immunity, which could have shielded the officers from civil liability, would not apply to the officers.

Officer Danny Vasquez, one of the officials involved in the incident, denied responsibility for Timpa’s death during the trial. The officer claimed that they were “reacting to Mr. Timpa” and that he “had a pattern … of calming down and acting out and calming down and acting out.”

During the proceedings, the bodycam footage showing Timpa’s last moments was played for the court. This prompted an emotional response from Vicki Timpa, Tony’s mother. During his opening statements, her attorney argued that the officers should have employed a “five-man takedown” on Timpa, which is a tactic that law enforcement uses on an individual who is going through a mental health episode without affecting their ability to breathe.

The defense argued that it was Timpa’s lifestyle that led to his death. They referred to his struggles with drugs and mental health. The attorneys said the officers acted in accordance with their training and did not view their actions as unreasonable.

While Timpa’s death had several key similarities to that of George Floyd’s, it did not get the same level of news coverage on mainstream media outlets. This is likely because Timpa was white, which means there was no racial angle present in his encounter with the police.

Advertisement

The trial has already received national media attention and prompted a debate on police protocols and training, especially when it concerns those suffering from mental health problems.

Filed Under: <![CDATA[dallas]]>, <![CDATA[law enforcement]]>, <![CDATA[Mental Health]]>, <![CDATA[police misconduct]]>, <![CDATA[qualified immunity]]>, <![CDATA[Tony Timpa]]>, News, Red State

Memphis Officers Involved in Fatal Beating of Tyre Nichols Facing Federal Charges

September 13, 2023 by Jeff Charles Leave a Comment

Five former Memphis police officers have been indicted by a federal grand jury for murdering 29-year-old Tyre Nichols. The incident, which occurred in January, was captured on bodycam and security footage. It showed the officers viciously beating Nichols after a traffic stop, which led to his eventual death later in the hospital.

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Former officers Tadarrius Bean, Demetrius Haley, Desmond Mills, Justin Smith, and Emmitt Martin are facing charges including deprivation of rights under the color of law, failure to intervene, deliberate indifference, conspiracy to witness tampering, and obstruction of justice through witness tampering. The former officials are also facing state charges in Tennessee for Nichols’ death. They have pleaded not guilty.

Tyre Nichols, a 29-year-old Black man, was violently beaten by Memphis police officers in January and died in the hospital from his injuries. Nichols was repeatedly punched and kicked by the five Memphis Police Department officers after the officers conducted a traffic stop and brief foot chase.

Attorney General Merrick Garland said, “We all heard Mr. Nichols cry out for his mother and say, ‘I’m just trying to go home.’ Tyre Nichols should be alive today.”

Kristen Clarke, from the Justice Department’s civil rights division, noted that the officers had not only used excessive force but also failed to properly inform medical personnel about the severity of their victim’s injuries and conspired to conceal their misdeeds. “In our country, no one is above the law,” she said.

The officers involved in the incident were a part of the city’s “SCORPION” unit, a task force ostensibly dedicated to curbing street violence. The unit was disbanded after the incident.

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Subsequent to Friday’s release of video footage capturing the deadly beating of 29-year-old Tyre Nichols, the group has been deactivated. The announcement was made Saturday night.

From NPR:

The…SCORPION Unit – which stood for “Street Crimes Operations to Restore Peace in Our Neighborhoods” – is being deactivated following a meeting between Chief Cerelyn ‘C.J.’ Davis and officers on the squad.

The other officers assigned to the unit “unreservedly agree with this next step,” a statement from the department said.

“While the heinous actions of a few casts a cloud of dishonor on the title SCORPION,” the statement went on, “it is imperative that we, the Memphis Police Department take proactive steps in the healing process for all impacted.”

Davis previously said she would not disband the unit after Nichols’ death, the Associated Press reported.

Nichols, who originally came from Sacramento, California, was an avid skateboarder and photographer. That evening, he was on his way back home after photographing a sunset at a local park. He worked at FedEx and left behind a young son.

The quick response from law enforcement – in terms of the swift arrests of the officers and immediate release of the bodycam footage – could have gone a long way toward preventing widespread unrest in response to the story. In some areas, the authorities anticipated violent unrest similar to what occurred after footage of George Floyd’s murder went viral on social media. But the protests were largely peaceful in nature.

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Politicians and commentators speculated that Nichols’ death was the result of racist policing practices and a racially biased justice system. Others argued that the fact that each of the officers involved is black contradicted this narrative.

Regardless of the motivation behind the officer’s alleged actions, the central tragedy of this story is that a young man needlessly lost his life in a brutal encounter with government officials sworn to protect the community and uphold the Constitution.

Filed Under: <![CDATA[law enforcement]]>, <![CDATA[Memphis]]>, <![CDATA[police misconduct]]>, <![CDATA[Tyre Nichols]]>, News, Red State

Disabled Veteran Suing Police Department for Tasing Service Dog During Wrongful Arrest for ‘Panhandling’

September 12, 2023 by Jeff Charles Leave a Comment

Joshua Rohrer in Gastonia, North Carolina, is suing the local police department for tasing his service dog, who later died from the encounter in 2021. At the time, Rohrer, a disabled military veteran, was homeless and dealing with post-traumatic stress disorder.

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Rohrer was known as a friendly face walking through his community accompanied by Sunshine, his service dog. “We would walk around and smile and wave at people,” he told RedState. “I was making friends and things like that. It just became my routine, something to get me through the day.”

The veteran said that while he did not ask people for money, many who came to know him would voluntarily donate to him, giving him food and cash. Despite his friendly demeanor, Rohrer said he became a target for at least two members of the Gastonia Police Department, who would tell him to leave the area, which was public property, even though he was not committing any crimes.

Officer Maurice Brooks III engaged with Rohrer frequently. In one instance, he told Rohrer where he was allowed to stand. But when the veteran went to that spot, Brooks engaged him again. “It was like I couldn’t do anything to appease him,” Rohrer recalled. “He promised me that the next time…he was going to arrest me.”

“I would just find somewhere else [where] the police didn’t bother me,” he said. Eventually, the matter escalated.

Rohrer explained that he “wasn’t doing anything illegal because I wasn’t panhandling.” In North Carolina, there are laws against soliciting people for money. However, none of these measures prohibit an individual from accepting money or other gifts from people giving them voluntarily.

On October 13, 2021, Officer Cierra Brooks approached Rohrer, telling him to leave. Rohrer complied. But later, Brooks pushed the matter when somebody gave him some food and money. “And when she saw them give me something, that’s when she came up and the whole encounter started again,” Rohrer said.

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Brooks wanted to cite Rohrer for allegedly panhandling, a charge Rohrer denies.

I tried to explain that I wasn’t panhandling, that I hadn’t asked anybody for anything and I didn’t have the time. I was trying to say, ‘how can you give me a citation for something I didn’t do?’ And that’s when I did not want to obviously get the ticket. I was like, I haven’t done anything wrong. I did not offer up.

Officer Taylor arrived at the scene after Brooks called for backup. “He pulled up and was on the scene and pulled his car into the intersection and blocked everything off. I was like, Okay, he’s here. He can explain to her because we had a previous encounter and he had seen for himself that I didn’t ask anybody for anything and they would get me stuff,” Rohrer explained.

At this point, the officers threatened to take Sunshine away from him even though she was prescribed to him through the Office of Veterans Affairs. Rohrer said the officers said they would euthanize the dog and take him to jail.

The officers asked Rohrer for identification. The driver’s license he had was expired, and since it is illegal to provide a peace officer with an expired identification, he offered his VA identification, which the officers rejected. “That’s when he grabbed me by my arm and pushed me over the hood of the car and was trying to arrest me or placed me under arrest,” the veteran recounted, also noting that they tore his meniscus and LCL (lateral collateral ligament).

Sunshine, being an emotional support dog, did her job and jumped on the hood to lick Rohrer’s face to calm him down, which is what they are trained to do. The officers slammed the veteran to the ground, and one of them claimed the dog bit him, which Rohrer denies. When Sunshine tried to go to her master while he was on the ground, Taylor tased her.

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He held the taser down for a crazy long time. Somewhere close to maybe 10 seconds or something like that…and the whole time, he’s like, ‘get your dog. get your dog.’ I went after her because I just wouldn’t let her get tased…I started screaming after her…I went to run around the side of the cruiser after her, and Brooks jumped on my back and pulled me down to the ground and got on top of me and I was just screaming, ‘why are you doing this to me?’”

Bodycam footage shows witnesses at the scene criticizing the officers. They stopped when they threatened to arrest at least one onlooker who told them that neither Rohrer nor his dog had harmed or threatened anyone. Officers were also caught on camera falsely telling other passersby that the veteran had attacked them. After Rohrer was handcuffed, the officers said they gave the dog to one of the people nearby. Unfortunately, Sunshine escaped after having been tased. Days later, she was hit by a car and died.

Joseph W. Mead, the attorney representing Rohrer in his lawsuit, indicated that they are exploring all legal avenues to hold the law enforcement officials accountable for their actions. “What happened to Mr. Rohrer and Sunshine is not just an infringement of civil liberties but also a gross misconduct on the part of the officers involved. We intend to pursue this to the fullest extent of the law,” he told RedState.

The attorney also noted that it is illegal to “ask, beg, solicit, or offer to work for money or any other thing having value,” and to block the passage of a person in a motor vehicle. Rohrer was not doing any of these. He was arrested on charges relating to resisting arrest and panhandling. The prosecutor later dropped all of the charges.

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Mead said the objective of the suit is to have the ordinance under which Rohrer was arrested declared unconstitutional. The lawsuit names the officers involved and the city of Gastonia as defendants. “I hope to be able to get justice for Sunshine, mainly, and just for them to be held accountable for violating my rights,” Rohrer said. “I’m hoping that by pursuing this, it makes a change in that town and nationwide because there’s a lot of people that don’t have a voice and that this stuff happens to regularly.”

Filed Under: <![CDATA[law enforcement]]>, <![CDATA[local politics]]>, <![CDATA[North Carolina]]>, <![CDATA[police misconduct]]>, News, Red State

Judge Who Approved Warrant Allowing Police to Raid Kansas Newspaper Facing Misconduct Complaint

September 9, 2023 by Jeff Charles Leave a Comment

The unprecedented police raid on a local Kansas newspaper sparked a wave of criticism across the nation against the apparent attack on the First Amendment. Members of law enforcement and the prosecutor’s office have been facing scrutiny over the raid and the warrant that was signed allowing police to ransack the Marion County Record newspaper’s office and that of one of its co-founders. Judge Laura Viar, who signed off on the warrant, is now the subject of a misconduct complaint.

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This development indicates the possibility that there might be a glimmer of accountability coming to the judge. But what about the other officials who were involved in the raid? It is not yet clear whether there will be real consequences for those who participated in the circumstances surrounding law enforcement’s actions.

The judge who signed off on a search warrant authorizing the raid of a newspaper office in Marion, Kansas, is facing a complaint about her decision and has been asked by a judicial body to respond, records shared with CNN by the complainant show.

Kansas resident Keri Strahler filed the complaint against Judge Laura Viar about a week after police raided the office of the Marion County Record, the home of the paper’s publisher and a county councilwoman, seizing reporters’ cell phones and computers, among other items, in a move that drew widespread condemnation from news organizations and press freedom advocates.

The complaint requests the Kansas Commission on Judicial Conduct to review “Viar’s mental capacity in her decision to seemingly circumvent federal and state law” when she signed off on the search warrant for the newspaper office, according to a copy of the complaint provided by Strahler.

The commission has asked Viar to respond to the complaint, which its members have slated for consideration on November 3, according to a letter from the commission’s secretary, Douglas T. Shima, to Strahler.

The timeline of the events reads somewhat like a James Patterson thriller, but without the serial killers. Law enforcement raided the offices of the newspaper and the home of one of the co-founders. They confiscated everything from cell phones, computers, and other equipment, disrupted the newspaper’s operations, and jeopardized its ability to publish.

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The raids were ostensibly a part of an investigation into “identity theft.” Law enforcement supposedly suspected that one of the newspaper reporters had posed as a local restaurant owner when obtaining information regarding her driving record from a local Kansas public database. The journalist was attempting to verify a confidential tip alleging that Kari Newell, the restaurateur, had a DUI on her record.

The story became even more controversial after footage emerged showing police officers raiding the home of Joan Meyer, co-owner of the newspaper, a 98-year-old woman and the mother of the other owner, Eric Meyer. Unfortunately, Joan Meyer passed away the day after the raid due to the stress of the ordeal, according to her son, who described law enforcement’s actions as “Gestapo” tactics.

The prosecutor later withdrew the warrant, noting that there was a lack of sufficient evidence to have justified issuing it in the first place. He ordered the police to return all of the equipment they stole confiscated. This raised questions as to why the warrant was signed in the first place. In a rather ironic development, Judge Viar had reportedly been arrested for driving under the influence in the past.

The issue is not just about a single newspaper that was targeted for a story they might have published. Rather, it is about the broader implications for members of the press – especially at the local level. If officials can carry out such violations of natural and Constitutional rights without the fear of consequences, the future of journalistic freedom could be at risk. The ramifications of a case like this could be highly deleterious to liberty.

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This is why the officials who allegedly engaged in wrongdoing in this affair should face serious consequences for their actions. They targeted the news outlet with impunity. Judge Viar should be facing a misconduct complaint – but it can’t stop there. The reason these people get away with behaving in this manner is because they believe nobody will care enough to stop them. Hopefully, the community does not prove them right.

Filed Under: <![CDATA[corruption]]>, <![CDATA[First Amendment]]>, <![CDATA[Kansas]]>, <![CDATA[law enforcement]]>, <![CDATA[police misconduct]]>, News, Red State

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