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M$1
February 28, 2009 07:37 PM
Should this officer be found guilty for assault?
Surveillance video released February 27th in an assault case against a King County, Wash. sheriff's deputy shows him kicking a young girl, slamming her to the jail cell floor and striking her repeatedly. The deputy has pleaded not guilty in case.
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| February 28, 2009 09:11 PM |
I say, yes, the officer should be charged. Assume the worst, from the video: that the girl kicked her shoe at the officer as an act of defiance, and maybe yelled a profanity, or even spit at the officer. The officer had the cell door right there. He should have slammed the door shut, and isolated the problem. The right thing to do would be to contact a supervisor, and then have the supervisor decide on a course of action (if any), to deal with the girl.
Getting hot-headed, and charging *into* the cell, had only one purpose: to punish the girl. And a jail guard has no right to independently punish prisoners. Punishment is meted out either by a judge or by a jail disciplinary proceeding. The officer was wrong.
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Other Answers (11)
February 28, 2009 07:46 PM
This is a difficult question. While this clearly exhibits police brutality, can we continue to tie the hands of the same people who protect us while we sleep?
Perhaps a 3 strikes rule against police men should be implemented.
Furthermore: We do not know the extent of the situation. Spitting or some other event may have occurred off camera. Perhaps she was a known violent offender.
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February 28, 2009 08:21 PM
You might think differently if that were your daughter getting her head slammed into the floor. You'd want his badge.
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February 28, 2009 08:10 PM
Normally, I say that short video doesn't give enough context. But what I see is a girl kicking off her shoes, not making any threatening gesture. That implies the cop is acting out of anger, not in performance of his duties. Yes, people who have to deal with violence and threat all day long sometimes become wound tight. However, just like many football players don't give in, most cops don't either. Which means that the ones that do, need to be punished, retrained, or taken out of the system.
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February 28, 2009 08:15 PM
In the isolation of the video it is a brutal attack. However it should be put into context although like I said it is a brutal attack and I find it hard to believe it is justifiable. And the brutal part are the two punches at the end when she is clearly restrained by both officers. I see no need for these two punches at all.
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February 28, 2009 08:23 PM
Just before the deputy enters the room, you can see the girl kicking her shoes off. I'm pretty sure there must have been some provocation to justify this action. Guess we'll just have to wait and let the media blow up this story, before we get to make any judgements.
Detailed info:
Surveillance video released in an assault case against a King County sheriff's deputy shows a deputy kicking a young girl, slamming her to the floor of a jail cell, striking her repeatedly and pulling her hair.
The attack begins after the girl entered the cell and kicked off one of her shoes toward the deputy.
The video released is part of an assault case in which Deputy Paul Schene is accused of using excessive force on the 15-year-old girl, who was being held in a cell at the suburban SeaTac City Hall. Schene was charged with fourth-degree assault earlier this month. On Thursday, he pleaded not guilty in Superior Court.
Court papers indicate the November incident started after the girl was brought in for an auto theft investigation.
"We believe this case is beyond just police misconduct, it's criminal misconduct," King County Prosecutor Daniel Satterberg said. "This is clearly excessive force."
Satterberg added the case is uncommon because cameras captured the entire incident.
Schene was investigated previously for shooting two people - killing one - in the line of duty in 2002 and 2006. Both times his actions were found to be justified, said Ian Goodhew, prosecutor's deputy chief of staff.
Associated Press calls to Schene's lawyer Anne Bremner were not immediately returned Friday. Bremner, however, released a statement to the Seattle Post-Intelligencer in which she said the video does not tell the whole story. Bremner had asked Judge Catherine Shaffer to not release the video to the media.
"As we argued to the judge, it will inflame public opinion and will severely impact the deputy's right to a fair trial," Bremner said.
In the video, a deputy kicks the girl, pushing her back toward the wall. The deputy then strongly backs the girl against the wall, and slams her to the floor by grabbing her hair. A second deputy enters the holding cell, while the first deputy holds the girl face down to the floor. The first deputy appears to hit the girl with his hands. The girl is then lifted up and led out of the cell while the first deputy holds her hair.
The second officer shown in the video was a trainee at the time and is not under investigation, Goodhew said.
According to court documents, the girl complained of breathing problems after the incident and medics were called to check her. A short time later, she was taken to a youth detention center and booked for investigation of auto theft and third-degree assault, the latter accusation dealing with her conduct toward the deputy. The girl has pleaded not guilty to taking a motor vehicle without permission, Goodhew said Friday, adding she was never formally charged with assault.
Schene told investigators through an e-mail conversation with his lawyer that once he was assaulted by the girl kicking her shoe at him, he entered the cell to "prevent another assault," according to court documents. Schene also said that the girl failed to comply with instructions in the holding area.
Prosecutors said Schene did not explain why he struck the girl after he had her in a holding position on the floor.
The investigation was completed and the case forwarded to the prosecutor's office, which made a decision to file a charge of Fourth Degree Assault, a gross misdemeanor, against Deputy Schene.
Before the judge's ruling to release the video to the media, Schene's defense attorney Anne Bremner argued against the release, saying it could inflame public opinion and prevent the deputy from getting a fair trial.
Bremner relreleased the following statement: "We had argued strenuously that the video tape released to the media this morning not be released because it does not tell the whole story of the incident. As we argued to the judge, it will inflame public opinion and will severely impact the deputy's right to a fair trial. We will defend this misdemeanor case in court. No story can be sliced so thin that it does not have two sides. We hope that judgment will be reserved until all the facts of this case are given fair consideration in court."
Source(s):
http://www.tri-cityherald.com/1154/story/493156.html
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February 28, 2009 08:25 PM
He would be suspended. She could press charges against him, and win, anywhere in European Union. That's not a matter of opinion, it's the word of law. It doesn't matter what did, or did not happen "off camera", or whether she does, or does not have a police record of any kind - once she was in the cell, and the door closed behind her, she's done with, no threat to anyone anymore.
Police then does the paperwork, and if there was anything "off camera", or in her past, that's relevant to the situation, they can put it in their report - and that's the end of it, as far as police work goes.
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February 28, 2009 08:41 PM
Wow... all for kicking off her shoes in his direction? The kid's 15... whoop de doo she kicked her shoes at him. So throw the shoes back in the cell, throw the girl in there too, and move on? There is absolutely NO need to slam her up against the wall, grab her hair, and oh my goodness did you see the SPEED he threw he to the ground with? He's lucky he didn't give her a head injury. And then she's handcuffed and he punches her anyway? Nuh uh... if I were that kid's parent... that officer wouldn't get away with just a slap on the wrist.
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February 28, 2009 09:01 PM
In my opinion, from the limited information we have in the video, it still appears to be an extremely excessive abuse of force in the case of the officer in question. Add to this some of the history (cited above) and we must question his reaction to a shoe being kicked in his direction.
Source(s):
personal opinion
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February 28, 2009 10:03 PM
Excessive force by a law enforcement officers is a violation of a person's rights. Excessive force is not subject to a precise definition, but it is generally beyond the force a reasonable and prudent law enforcement officer would use under the circumstances. In this case a cell with a support officer in close proximity. Force should be used in only the minimum amount needed to achieve a legitimate purpose. From what was seen there was no attempt to verbally direct the prisoner and no visual cues to indicate a directive given by the officer. He reacted (Provoked or not) to the situation with a violent assault using force well in excess of what was required for the situation he was presented with to be resolved.
In this case the officer used excessive force.
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3 strikes rule? No, this is obviously abuse!
These are the few corrupt police that give them a bad name.