White Stamford Cop Goes too Far in Arrest at Carryout - Attacks Unarmed Latino Man

From [HERE] A police officer from Stamford, Connecticut is under fire for a controversial arrest. The suspect is charged with resisting arrest and marijuana possession but the officer is now accused of going too far while trying to take him into custody, and it was all caught on camera. It was on Tuesday afternoon at China Express on Selleck street in Stamford that off-duty police officer James Comstock was talking to employees to investigate a robbery in the parking lot.

But when he was there he sees 20-year-old justin medina who was issued a warrant back on July 9th. On Tuesday, police say, Officer Comstock pulled 12 bags of marijuana from Medina's pockets along with $200, and because he was off-duty, and without handcuffs or a radio, he was trying and struggling, to make the felony drug arrest. He discovered the marijuana pursuant to a search done - after he had beat the Latino man down and pulled a gun on him. 

"It's just a constant wrestling match, he's trying to get out and he's trying to flee," said Tim Shaw with Stamford Police. No it's not. On the video you never see medina actually flee, in fact, in some shots, his hands are in the air. "He was outrageous, the behavior was outrageous, he knows my client's mother for years," said Median's attorney, Darnell Crosland.

Read More

Feds and Seattle police settle over excessive force allegations against persons of color

From [HERE] The Justice Department and Seattle announced a settlement Friday over long-simmering allegations of excessive force by police officers.

The agreement calls for a federal court-appointed monitor who will resolve disputes that might arise over the next several years, according to officials. The monitor will also be able to order changes in the reforms announced Friday, if necessary. "This agreement represents a blueprint for reform," said Assistant Attorney General Thomas Perez, the nation's chief civil rights official, who flew to Seattle to join city officials for the announcement. A series of allegations by minority groups that police were quick to resort to force in several instances prompted the Justice Department to launch an investigation.

Read More

LA County Sheriff Lee Baca faces commission over jail abuse allegations

From [HERE] Los Angeles County Sheriff Lee Baca and his top aide are scheduled Friday to face a county commission created to examine allegations of abuse inside the department's jails. Baca has been accused of neglecting his lockups and ignoring direct warnings about rampant excessive force and gang-like deputy cliques. His second-in-command, Undersheriff Paul Tanaka, has been accused by current and retired sheriff's supervisors of openly encouraging a climate in which deputy misconduct went unchecked.

The commission was created by the county Board of Supervisors after it was revealed that the FBI was investigating allegations of abuse inside the Sheriff's Department lockups, the largest jail system in the nation.

In hearings over the last several weeks, the commission has already heard dramatic testimony from advocates and former prisoners. The most notable testimony, however, has come from past and current sheriff's supervisors, who have been given clearance to speak candidly before the commission. At the panel's last meeting, a current sheriff's supervisor testified that a former Men's Central Jail captain allowed misconduct to go unchecked by jailers. He said at one department Christmas party, Capt. Daniel Cruz joked about force on inmates during his speech, toasting to "not in the face," an apparent allusion to blows on inmates that don't leave marks.

Read More

Racist NYPD Caught on Video Body Slamming Unarmed Latino Man - 4th Amendment Rights of Non-whites Vanishing

From [HERE] and [HERE] In a video posted on YouTube, a police officer violently lifted a 19-year-old Latino man he had detained and then dropped him onto a subway platform floor—pulling a subway poster down with him. Sean Pagan had allegedly been "seen writing graffiti in a restricted area of the station". The cop's action is very excessive - he acted like no one was watching. He was wrong. 

The video shows a police officer striding toward a young man standing on a platform at the 45th Street subway station in Brooklyn. A few seconds later, the officer pats him down. Shortly afterward, the officer slams him to the ground, ripping a subway ad from the wall in the process. The officer slams him down again, then puts the young man in a headlock and handcuffs him. That scene was captured by David Galarza, a local activist, who said he recorded it last Thursday night. At a news conference on Thursday in Brooklyn, Mr. Galarza and other local activists said the officer’s confrontation with the young man, Sean Pagan, 19, was another example of the police’s mistreatment of Latinos and Blacks.

“These are young people of color who are victimized many times, and this kind of excessive force, sometimes it’s captured, sometimes not,” Mr. Galarza said before screening the video for reporters at a Latino community center in Sunset Park. “There was an arrest of a young man, but not of the officer who did the groping, and who did the choking.” The 4th Amendment rights of people of color are vanishing in NYC and around the country. The mainistream media has been preparing the public to accept the identification of Blacks and Latinos as enemies. That is, a substantial part of the population is ready to consider it desirable or normal that Blacks & Latinos can be detained, searched, isolated or killed. The tone of this NY Times article for instance is not of outrage but weak neutrality. The writer even suggests that because "the young man appears to fidget against a wall" after he is slammed into it that the officer may have had some justifiable reason for this assault - despite there being no articlulable reason to believe that Pagan was armed and dangerous during this graffiiti or failure to pay subway fare stop/arrest. No reason except that he is not white. NYC Stop and Frisk and Arizona's SB 1070 are precoditions to genocide.

Read More

Suit Filed Against Gainesville Police - Officer Turned Dog Loose on 10 Year Old Black Boy

From [HERE] Without a word of warning, a Gainesville policeman sicced a police dog on a 10-year-old black child who was picking up his mother's mail, and when the mom complained, the cop said the boy "shouldn't have run," the mother claims in court. Cheron Hampton-Bates and her son Bryce Bates sued Gainesville and its Police Cpl. Timothy Durst, in Federal Court.

The mother says Durst was responding to a 911 call from a mentally ill woman who was known for filing false reports, and that Durst chased her son even though he did not match the description of the alleged "suspects" provided by the caller. "On or about June 16, 2010, at 3:20 p.m., plaintiff Bates was riding his bicycle through his apartment complex in the City of Gainesville, heading through the parking lot to his mailbox to get the family's mail for his mother," the complaint states. "At the time of the incident, Bates was 10 years old, attended the fifth grade, stood less than 5 feet tall and weighed approximately 95 pounds. He is an African American.

"While Bates was riding his bicycle to the mailbox, several police cars pulled in to the apartment complex at emergency speed. The officers were responding to a 911 call from a mentally ill woman who suffered from delusions. This woman had a history of calling 911 so frequently that she was known to dispatch to be a mentally ill caller whose reports were unreliable. On this day, her reported complaint was that three Hispanic teenagers, two males and one female, were inside her apartment in the process of committing a burglary. 

"Prior to the date of the incident, Bates had been instructed by his mother to come inside if he saw police in the complex. Accordingly, when Bates saw a police car speeding toward him, he dropped his bicycle in fear and ran to the door of his apartment, yelling 'Mom!' "Corporal Durst stopped his patrol vehicle and pursued Bates on foot but gave no verbal commands. "Shortly thereafter, Corporal Durst released his police canine and commanded it to apprehend plaintiff. Pursuant to the canine's training, it had been taught to apprehend suspects by biting them and then holding, or, if need be, continuously reestablishing the bite until the canine is removed from the suspect by its police handler. "As he reached the door to his apartment, Bates was overtaken by the canine which, in accordance with its training, bit Bates repeatedly as he struggled in fear to get away.

Read More

Black Woman dies in NY county jail awaiting deportation

From [HERE] A man has filed a wrongful death lawsuit after his wife died in a New York county jail while awaiting deportation to France. The woman’s husband -- from the North Shore -- claims his wife didn't get the medication she needed to treat a heart condition. Irene Bamenga, 29, lived in Lynn with her husband for several years. She was a cook and an aspiring social worker.

“She was complaining of chest pains and she was having difficulty breathing,” said Yodi Zikianda, victim’s husband. That was one of the last conversations Zikianda had with his wife. The French citizen died of congestive heart failure in an Albany, New York jail, according to the family’s attorney. Bamenga was being detained when she and her husband tried crossing into Canada. Her husband said she did that so she could fly to France to clear up her immigration issues. Zikianda said his wife had a plane ticket, but U.S. immigration authorities would not allow her to leave.

“Her ‘crime’ was attempting to leave. The reason she was detained is because some stamps were missing in her valid French passport,” said Alex MacDonald, attorney. Bamenga’s U.S. visa was expired by several years, though her husband is living in the U.S. legally.

Zikianda said his wife took six different medications for her condition. He also said immigration authorities assured them that she would receive her medication. But Zikianda said she did not. Medical records show Bamenga wrote to the doctors and nurses in jail that she was experiencing shortness of breath and palpitations. She also wrote, “I am not being given the full dosage of my medications.” Bamenga died two days later.

 

Read More

14 Specific Allegations of NYPD Brutality During Occupy Wall Street

From [HERE] An investigation undertaken by law clinics at NYU, Fordham, Harvard, and Stanford has concluded, after eight months of study, that the NYPD abused Occupy Wall Street protesters and violated their rights on numerous occasions during the 2011 protests that radiated out from Zuccotti Park. Their report, Suppressing Protest: Human Rights Violations in the U.S. Response to Occupy Wall Street, was released today. It focuses on transgressions against international law.

Most arresting were its specific descriptions of alleged police misconduct. Scores of examples were offered. Here are a few:

  • A café employee at work near Union Square heard a passing Occupy march, went outside, and decided to begin filming after seeing police using what he felt was excessive force on protesters. Video evidence shows a white-shirted police officer pushing the café employee, camera in hand. It appears that the employee then began speaking to the officer while holding both hands in the air as the officer approached him. In an interview, the employee stated that he asked the officer why he was pushing and told the officer, "I'm just taking pictures." Video then shows the officer grabbing the employee by the wrist, and flipping him hard to the ground face-first, in what was described as a "judo-flip." The employee stated that he was subsequently charged with "blocking traffic" and "obstructing justice."
  • Video shows that an officer drove a scooter at a crowd of people, including journalists and legal observers. The video then shows a legal observer lying on the ground screaming, his foot under the scooter. A second video shows the observer on the ground with his foot under the scooter. A third video shows that the observer kicked the scooter off or away from his leg, at which point officers dragged the observer several feet and began to cuff him. While he was being cuffed, an officer pushed the observer's face into the pavement by pressing his baton across the back of the observer's neck.
  • A member of the Research Team observed an officer push and then throw a male protester into the air for no apparent reason as he walked, with many other protesters, near parked police scooters. The protester fell hard to the ground and was not arrested.
Read More

Oakland Police Contradicting Themselves in Police Shooting Death of Black Teen

Initially Officer Claimed Blueford Shot at Police. Now Police say Gun was never Fired - Officer Shot Himself

[PDF of the federal lawsuit here.] A witness observed what appeared to be a small black gun about twenty feet from Blueford further up the driveway, but claims the teenager made no effort to recover the weapon. The lawsuit claims that as Alan attempted to get up off the concrete, Officer Masso fired four shots, striking the teenager three times, once in the left shoulder, and on both sides of his upper chest.

The fourth shot has been the greatest source of controversy. In his report, Alameda County Coroner's investigator Solomon Unubun wrote that OPD Officer Justin Buna contacted him at 1:29 a.m. on May 6 and "told me the decedent, an unidentified African-American male, had been shot by an OPD Officer, after the decedent brandished a firearm during a foot pursuit and shot at the officer." Initial media reports also noted an exchange of gunfire, stating that Officer Masso had been wounded by the suspect's weapon. However, on May 8, OPD issued a press release stating that Masso had shot himself in the foot with the fourth round and that the pistol recovered at the scene had not been fired.

According to Unubun's report, Officer Buna also informed Unubun that Blueford's body had been moved to Highland Hospital after his death had been pronounced at 12:20 a.m. because "the scene was unsafe," a decision made by OPD Lieutenant James Meeks.

Read More

Suit: Harvey (IL) Police Pepper Sprayed, Assaulted Paralyzed Black Man in wheel chair

From [HERE] Marc Miller claims he was filming police search a car with his cell phone in August 2010 when police demanded the phone—but when he declined to turn it over he was pepper sprayed, according to the lawsuit filed Tuesday in U.S. District Court. Miller, who was paralyzed in a 1991 shooting, claims he noticed police searching the car in a “very aggressive manner” while he was in his wheelchair in 1800 block of West 157th Street in Harvey.

The police grabbed Miller by his hair and threw him from his wheelchair, the suit claims, and police pepper-sprayed him. The police then knelt on Miller’s back and forced his face into the ground, according to the suit.

The two-count suit claims Harvey police used excessive force on Miller, and seeks unspecified punitive damages. A spokesperson for the city of Harvey could not be reached for comment Tuesday night.

Read More

24 arrested at police protests in Anaheim: Feds to Review 2 Separate Police Shootings of Unarmed Latino Men

From [HERE] Anaheim's mayor says federal officials have agreed to review two deadly police shootings after a fourth day of violent protests. Mayor Tom Tait says he'll meet with members of the U.S. attorney's office and the FBI on Friday.

Authorities say as many as 1,000 demonstrators surged through downtown in the Southern California city Tuesday night, smashing windows on 20 businesses and setting trash fires. Police and patrol cars were pelted with rocks and bottles. Hundreds of police used batons, pepper balls and beanbag rounds.

The violence is a reaction to the deaths of two unarmed Latino Men who were both killed by police; Manuel Diaz (in photo left) was shot by police on Saturday and Jose Acevedo (in photo right) was gunned by cops on Monday. The police have implied that the shootings were somehow justified by both men's alleged gang affiliation. Never mind the circumstances. As usual, when it comes to brown people shot by police, to the media, whatever the police say happened, they agree. Such is the devaluation of Black and Latino lives to white people - another precondition of genocide. And please - don't blame the guns.

Witnesses says Diaz Shot in the Back

Diaz was shot around 4 p.m. in front of an apartment complex on the 600 block of North Anna Drive following a foot chase, Anaheim Sgt. Bob Dunn said. He died three hours later at a hospital. Crystal Ventura, a 17-year-old who witnessed the shooting, told the Register the man had his back to the officer. She said he was shot in the buttocks area. The man then went down on his knees, and she said he was struck by another bullet in the head. Another officer handcuffed the man who by then was on the ground and not moving, Ventura said.

“They searched his pockets, and there was a hole in his head, and I saw blood on his face,” she said.

Crystal Ventura, a 17-year-old who witnessed the shooting, told the Register the man had his back to the officer. She said the man was shot in the buttocks area. The man then went down on his knees, and she said he was struck by another bullet in the head. Another officer handcuffed the man who by then was on the ground and not moving, Ventura said. “They searched his pockets, and there was a hole in his head, and I saw blood on his face,” she said.

Witnesses says Acevedo Shot after being Handcuffed

The Police shooting of Acevedo took place on Sunday when anti-gang crime officers spotted a stolen SUV and started chasing it. Three suspects were said to have jumped out of the SUV, with police continuing their pursuit on foot. The men reportedly opened fire at an officer, and the policeman retaliated by shooting dead one of the shooters.   However, eyewitnesses say police shot Acevedo who was already handcuffed, OC Weekly reports. According to OC Weekly, and citing eyewitness accounts, police shot dead a handcuffed man on the 400 block of West Guinida Lane. [MORE]  

 

Read More

Family Claims Dallas Police Shot Unarmed Black Man in the Back During Chase

In photo Dallas Police minority outreach riot control. From [HERE] and [HERE] Police in riot gear held back an angry crowd in South Dallas for hours Tuesday after an officer fatally shot a suspect. Hundreds converged outside Dixon’s Grocery a block or two from where the dead man lay face down in a grassy lot. Rumors spread among the crowd that the man, identified by police as James Harper, had been unarmed and shot in the back by police while fleeing.  Dallas Police Chief David Brown addressed the media Tuesday night after an officer involved shooting in Southeast Dallas left one man dead.

Brown said the police department received a 911 phone call around 5 p.m. stating that a man had been dragged into a house with his hands tied behind his back. Police later believed that phone call was bogus and that the call was possibly one drug family that was attempting to lure police to a drug house of another drug family in the neighborhood. Brown told reporters that three officers arrived on scene on the 5300 block of Bourquin Street to find four men inside the home attempting to “scurry” out of doors and windows.  Brown said officers saw a handgun on a table in the house.

According to Brown, Ofc. Brian Rowden, an eight year veteran of the Dallas Police Department, pursued James Harper, 31, on foot.  Police said the pursuit included fist fights and jumping over three fences.  Brown said after the third fence, Rowden was barely hanging onto Harper and was fatigued when Harper said, “You are going to have to kill me." Brown said Rowden feared for his life, pulled his weapon and shot Harper, who then collapsed.  While witnesses on scene believed Harper had been shot in the back, Brown said it appeared he had been shot in the stomach and hand. Officers did not find a gun on him. The Dallas County Medical Examiner will determine the final cause of death.

Police were able to capture one other suspect.  Police were also able to find crack cocaine in the house and in the yard on the side of the home, according to Brown.

Brown told the media that investigators have not yet determined if officers were fired upon, but he believed Harper did not have a gun at the time of the shooting.

Read More

Family of Unarmed Latino Man Shot to Death by Anaheim Police sues city for $50 Million

From [HERE] The mother of a man shot and killed by Anaheim police filed a civil-rights and wrongful-death lawsuit Tuesday against the Police Department and city alleging that her unarmed son was fired upon from behind and then,  when he fell to his knees, shot execution-style in the back of the head.

The FBI also announced Tuesday it would review Saturday's shooting after Anaheim Mayor Tom Tait called for both a state and federal investigation, in addition to the probe by the Orange County district attorney. Manuel Diaz's mother and family filed the lawsuit in federal court, seeking $50 million.

They asked residents in Anaheim's heavily Latino core to refrain from violence. "This is wrong and needs to stop on both sides," his mother, Genevieve Huizar, said in a statement. Anger from the shooting boiled over Saturday as the wounded man lay handcuffed on an apartment complex lawn as bystanders shouted at police to get Diaz medical aid.

Read More

Neighbor Tells Nearly All White Jury that Pittsburgh Police Lied in Beating case of Unarmed Black Student

From [HERE] A Pittsburgh woman testified that three white plainclothes police officers did not ask whether she knew a young black man or whether he had permission to be on her property the night the man claims he was wrongly arrested and beaten by the officers. Monica Wooding's testimony came Tuesday in the federal civil rights trial of a lawsuit against the officers by 20-year-old Jordan Miles.

"I wasn't asked that," Wooding testified, explaining she knew Miles and his family well.

One of the officers had previously testified at a hearing on Miles' criminal charges that police held a flashlight up to Miles' face that night before Wooding denied knowing him or giving him permission to be on her property.

But Wooding said she's sure that never happened because a police wagon — which she learned days later held Miles — was driving away by the time she opened her upstairs bedroom window to ask police about the commotion in her front yard.

 

Read More

Holder to Announce New Orleans Police Reforms

From [HERE] Attorney General Eric Holder will announce a series of court-supervised reforms of the New Orleans Police Department on Tuesday that are some of the broadest and strictest ever imposed on a law-enforcement agency. The agreement between the Justice Department and the city — in the form of a federal consent decree — is designed to clean up a police force that has been plagued by decades of corruption and mismanagement and came under renewed scrutiny after Hurricane Katrina struck in 2005.

The agreement will require the police department to overhaul policies and procedures for training, interrogations, searches and arrests, use of photo lineups, recruitment and supervision, according to a government official. The official spoke on condition of anonymity because the agreement had not yet been made public.

Among its provisions:

— All officers will be required to receive at least 24 hours of training on stops, searches and arrests; 40 hours of use-of-force training; and four hours of training on bias-free policing within a year of the agreement taking effect.

— All interrogations involving suspected homicides or sexual assaults will have to be recorded in their entirety on video. The department also will be required to install video cameras and location devices in all patrol cars and other vehicles within two years.

— The department will be required to completely restructure the system for paying officers for off-duty security details, develop a new report format for collecting data on all stops and searches and create a recruitment program to increase diversity among its officers.

— The city and Justice Department will pick a court-supervised monitor to regularly assess and report on the police department's implementation of the requirements.

— The city and police department can ask a judge to dissolve the agreement after four years, but only if they can show they have fully complied with its requirements for two years.

 

Read More

Don't Blame the Gun: Racist Anaheim Police Kill Again - Handcuffed Latino Man Shot by Officers

From [HERE] and [HERE] Anaheim police have shot dead yet another man just a day after killing 24-year old Manuel Diaz. The previous day's shooting sparked a protest against police brutality that was violently broken up by authorities. Police say the second shooting took place on Sunday in the Guinida neighborhood of the city, when anti-gang crime officers spotted a stolen SUV and started chasing it. Three suspects were said to have jumped out of the SUV, with police continuing their pursuit on foot. The men reportedly opened fire at an officer, and the policeman retaliated by shooting dead one of the shooters.   

However, eyewitnesses say police shot dead a man who was already handcuffed, OC Weekly reports. According to OC Weekly, and citing eyewitness accounts, police shot dead a handcuffed man on the 400 block of West Guinida Lane. A photo showing the police on the scene can be viewed here. According to friends of the family, the latest victim is Joel Acevedo, an Anaheim resident. Acevedo was apparently a suspected car thief. When witnesses tried to take photos from the second floor of an apartment block, police apparently obscured their view with flashlights.

This second alleged killing happened just a few blocks away from the scene where 24-year-old Manuel Diaz was gunned down by police on Saturday. According to Sgt. Bob Dunn from the Anaheim Police Department, a handgun was found in the silver SUV driven by Acevedo, which was reportedly stolen.

Unrest Continues after Racist Anaheim Police Murder Unarmed Latino Man (Diaz)

From [HERE] Jose Gallardo, 30, said he was chatting with Manuel Diaz in an alley behind the complex Saturday afternoon just a few minutes before he saw an unmarked police car pull up carrying two officers. Gallardo said he stayed away to avoid drawing attention from police until he heard two shots and went running.

"He was laying there, dead," Gallardo said, adding that he saw bullet marks in his friend's lower back and neck. "They were searching him -- I was like, why are you searching him? He's dead right there." Crystal Ventura, a 17-year-old who witnessed the shooting, told the Register the man had his back to the officer. She said the man was shot in the buttocks area. The man then went down on his knees, and she said he was struck by another bullet in the head. Another officer handcuffed the man who by then was on the ground and not moving, Ventura said. “They searched his pockets, and there was a hole in his head, and I saw blood on his face,” she said. 

The death sparked two nights of protests. On Saturday, angry demonstrators hurled rocks and bottles at officers who were securing the scene for investigators, and police responded by putting dogs on the crowd, firing bean bags and pepper balls at the crowd. The next morning, protesters stormed a news conference at police headquarters. Later that night, demonstrators set fire to a trash bin and pushed it into the street outside the apartment complex, which was still strewn with litter early Monday from the unrest.

Read More

City Settles 2 Chicago Police Torture Cases: Black Men Awarded $7 Million

From [HERE] A Chicago City Council committee has signed off on settlements in two lawsuits filed by men who allege they were victims of police torture during the tenure of former Chicago Police Cmdr. Jon Burge. The settlements totaling $7.17 million still need the full City Council's approval. More than $5 million would go to Michael Tillman (in photo left), who says officers tortured him for four days until he confessed to murder. He was exonerated after spending more than 23 years in prison. Additionally, David Fauntleroy would get $1.8 million. He spent 25 years in prison after being charged in a 1983 double murder, but that case was dropped in 2009. Burge was convicted in 2010 of lying about the torture of suspects and is serving 4 ½ years in prison.

After more than 23 years behind bars, Tillman was freed in January 2010 when a special prosecutor said his conviction depended on "coerced statements." Tillman has said he was beaten until he vomited blood, had a plastic bag wrapped around his head and had soda pop poured into his nostrils for three days until he provided a confession in the death of 42-year-old Betty Howard, who lived in the same apartment building as Tillman at the time. Tillman, is one of many young black men who claim to have been beaten by police under Burge’s command at the Pullman Area headquarters, 727 E. 111th St. [MORE

David Fauntleroy spent more than 25 years behind bars before his murder conviction was vacated. The Illinois attorney general's office dropped the charges after determining that he was entitled to a new trial based on allegations that his confession to taking part in a double murder in 1983 was coerced by detectives working under Burge. Fauntleroy said he falsely confessed only after being told that Andrews had implicated him and after detectives took him in a police car to a wooded area, turned off the lights and pulled a gun on him. "He thought they were going to kill him," his attorney said. He also claimed that police failed to intervene during his alleged mistreatment. 

Fauntleroy, 47, and James Andrews were convicted of the 1983 robbery and killings of Floyd Jenkins and Keith Lewis. The case against Andrews, who maintained that he was beaten by Burge detectives until he falsely confessed, was dropped in 2007. Both men had been serving sentences of life in prison without parole.

 

Wrongful Death Suit Filed Against Union City Police: Witness says Young Black Man Shot in the Back by Cops

From [HERE] A wrongful death lawsuit has been filed against Union City and one of its police officers by the father of an unarmed man shot twice in the back during an arrest in December. The civil lawsuit comes after grand jury decided not to issue an indictment in the case. Bobby Abbot, the father of Ariston Waiters, filed the wrongful death lawsuit against Union City and Officer Luther Lewis Friday in Fulton County State Court.

The unarmed Waiters, 19, was killed after an altercation with officer Lewis on the night of Dec. 14. He was shot twice in the back.  Union City police officials have maintained that Lewis was justified in his actions, saying in a statement released in January that Waiters "grabbed the officer's service weapon" as he was being handcuffed. He was being taken into custody in connection with a report of shots being fired. "The investigation that began Wednesday night ... was an attempt to cover up what really happened," attorney Mawuli Mel Davis said. "One eyewitness confirmed to us that her statement [to police] was torn up."

Davis said there was "never a face-to-face fight or discussion" between Waiters and the officer, as police have alleged. Waiters ran when he saw police arrive on the scene, Davis said, but he did not engage the officer. So why did Waiters flee? Witnesses say Ariston Waiters wasn't involved in the fight but took off running when officers arrived. They say an officer shot him as he fled the scene. 

His friend Xavier Tyes told WSB that Waiters only ran because he had a warrant out for his arrest. He said: "Everybody out here could tell you they didn't see that man fight the officer." "Young black men don't trust the police," said former Atlanta City Councilman Derrick Boazman, speaking for Waiters' family. "It's a normal reaction for them to run when they see the cops."

Read More

Black Man Sues Georgia State Trooper - Shot Three Times in the Back

From [HERE] A lawsuit filed in federal court in Macon accuses a former state trooper of excessive force in shooting a man who was fleeing from authorities in a 2010 incident. The lawsuit was filed July 13 by Mackey Wiggins of Warner Robins against Justin Tabor. Tabor was a trooper for the Georgia State Patrol at the time of the car and foot chase on July 24, 2010.

Tabor “used deadly force by discharging his service weapon no less than three times -- striking plaintiff at least once in the back as he fled on foot,” the lawsuit states. Tabor’s “use of force was unreasonable, unnecessary and excessive in light of all the circumstances.” The lawsuit states that Wiggins was unarmed, did not resist or pose a threat or act aggressively toward Tabor.

The lawsuit seeks a jury trial, compensatory and punitive damages as well as attorneys’ fees and court costs.

Read More

Doctor testifies that Miles had bruises, abrasions, concussion from Pittsburgh Police Beating

From [HERE] As the second week of a Homewood man's civil rights trial against three Pittsburgh police officers began, jurors heard a video deposition Monday from the emergency room physician who treated Jordan Miles shortly after his January 2010 arrest. Dr. Joshua Fenton testified that Miles had multiple bruises and abrasions on his head, abdomen and hips. "He did have evidence of a blunt-force injury or trauma," Fenton said.

A medical test didn't find any "acute inner cranial injury," but that doesn't mean that Miles didn't suffer a concussion, Fenton testified. Miles, 20, who is black, claims in a federal lawsuit that officers Michael Saldutte, David Sisak and Richard Ewing -- who are white -- approached him in when he was walking near his house, without cause. Officers chased him and  when they caught up with him they beat him into submission by delivering violent blows that left his face swollen and distorted. Police also used a stun gun and pulled out a chunk of his hair. The officers put him in handcuffs, and repeatedly shoved his face into the snow, causing a piece of wood to impale his gums, He is 5-foot-6 and 150 pounds and was unarmed. Police falsely arrested and then maliciously prosecuted him on charges that a district judge later dismissed.

Read More