by Tim Cushing | TechDirt
Mar 27th 201
It doesn't happen often, but a judge has called out police officers for using a non-existent offense -- "contempt of cop" -- to justify the use of force against a detained person. Multnomah County (OR) Judge Diana Stewart cleared 16-year-old Portland resident Thai Gurule of several charges brought against him after he was pummeled and tased by police officers for… well, basically for responding angrily to a somewhat derogatory gesture.
Police that night had been looking for a group of seven to nine African American men, including one shirtless one, who had been walking the streets, reportedly damaging property and yelling profanities. Within minutes of receiving the group's last known location, police several blocks away focused their attention on a group of three young men: Gurule, his 20-year-old brother and their friend.
That was the narrative up to the point where Thai Gurule found himself on the receiving end of fists and Tasers. Ignoring the fact that this group had little in common with the suspects other than race, we come to what turned this incident into a confrontation and, finally, a one-side melee.
The following comes from the judge's statement on the dismissal of charges:
As the youth walked past, Officer Hughes said, "Hey" to the youth and when the youth continued, he again said, "Hey" and clapped his hands.
Thai Gurule turned to face Officer Hughes and in an angry or aggressive voice said "Don't ƒükking clap your hands at me". Officer Hughes stepped forward while the youth stepped back.
Cue escalation. The officers decided to cuff Gurule (for "resisting arrest," apparently). As a crowd began to gather, the officers decided to move Gurule into a prone position for cuffing, supposedly for officer safety. But rather than let Gurule move to a prone position, one of the officers decided to speed up the process by sweeping Gurule's feet out from underneath him. From that point, it became an uncontrolled beating. One officer held Gurule by the hair while the other two wrestled him to the ground and hit him multiple times with their fists and knees. Finding the one-sided "struggle" to be ineffective, Sgt. Lile deployed his Taser.
After they were done throwing blows, the officers threw the book at Thai Gurule, listing all of the following charges on the police report:
Interference with public safety
The accompanying reports filed by the officers maintained that Gurule repeatedly swung his fists at officers and tried to choke one of them. Unfortunately for these officers, multiple recordings of the incident that contradicted their narrative were made available to the judge.
Judge Stewart was obviously irate at the thick stack of lies delivered to her in the form of police reports and sworn testimony. She also was none too happy with the officers' justification for initiating the arrest of a person who had done nothing more than fail to treat Officer Hughes with as much deference as he felt he deserved. Not only did she dismiss the charges, but she read the entire damning dismissal order out loud.
This is the second judge to come forward in as many weeks to hammer on our blue-suited gang-bangers. I sure hope they don't damage her in some way......
Note that video recordings, yet again, made the difference. Do you know how to use the video camera and zoom on your cellphone? Can you produce usable film clips? Have you practiced lately? The life and liberty you save my be your own or that of a loved one.