Title: 16-Yr-Old & His Mom Tazed & Arrested After Boy's Waving at Cop Deemed 'Suspicious' Source:
Information Liberation URL Source:http://www.informationliberation.com/?id=52556 Published:Oct 9, 2015 Author:Holly Dickson Post Date:2015-10-09 20:56:55 by Deckard Keywords:None Views:966 Comments:9
When 16-year-old Matthew Robinson and his mother, Eva, took their dog out for a walk one September evening four years ago, they never once thought they'd end up in a federal courtroom. Yet that's where they have been as their terrifying case against two police officers was put in the hands of a jury this week in Little Rock, Arkansas.
Tased, beaten, and terrorized -- the Robinsons were not suspected of any crime when they were stopped by police beside their home in Dover, Arkansas. The catalyst for the stop was innocent: Matthew looked and waved at Dover Deputy Marshall Steven Payton as he drove by. Payton admitted this behavior is perfectly legal, yet said he found it suspicious. That led to Matthew being beaten, tased multiple times, kicked, searched, and arrested while his mother was also beaten, handcuffed, choked, and arrested. Her glasses were broken as her face was repeatedly slammed into the hood of a patrol car.
Dover Deputy Marshall Steven Payton testified that he detained the Robinsons and their dog in the back of his patrol car, with the intent to take them to jail solely to identify them. When co-defendant Pope County Sheriff's Department Sergeant Kristopher Stevens arrived on the scene, he ordered Matthew to get out of the car. When Matthew was not able to get out quickly enough, the Pope County sergeant tased him twice inside the car.
Counsel for the officers claim that the incident would have been avoided if Matthew had said who he was or if he had gotten out of the patrol car when they said, maintaining that officers had "no choice" to use the taser.
We disagree. De-escalation is always an option.
The case has been rife with missing evidence that police had a duty to preserve. Data from the taser, which would have shown the number and duration of taser deployments on Matthew, was destroyed even after a request was made for a copy of the data. Sergeant Stevens admitted at trial he was untruthful when he told Mr. Robinson there was no data on the taser. Though three police cars were audio and video capable, and should have been in use, police produced only one grainy video of part of the stop.
Photographs show 22 separate taser marks on Matthew's torso, sides, shoulder, stomach, and lower back. Police admitted at trial to tasing Matthew at least six times, though Sergeant Stevens' written report from the incident reflected only three tasings and Deputy Payton's report showed only one.
Sergeant Stevens admitted that his testimony in the juvenile case against Matthew, where he denied tasing the teenager while he was on the ground being cuffed, was untrue and that he had in fact tased the minor while he was on the ground.
He also admitted that each of the six tasings were in violation of the department's policy, as was the failure to properly record the incident.
To boot, each officer testified that the other was in charge of the scene. Neither Matthew nor his mother were ever read their rights or told that they were being arrested or why. This is in direct violation of the Robinson's rights and the polar opposite of good policing.
While the officers continued to deny any wrongdoing, they have admitted to previously testifying falsely, false reports, missing evidence, and multiple violations of policy and training standards. We brought out the missing evidence and inconsistent testimonies in the Robinsons' case. Missing evidence and police misconduct, after all, are often reasons that the criminal justice system fails us.
With the officers and departments disclaiming any and all responsibility, the Robinsons had nowhere else to turn but to court. They've had to fight for four years to ask a jury to serve as the first line of accountability.
In the end, Sergeant Stevens and Pope County settled with the Robinsons just before the verdict for $225,000. No action has been taken by the departments or the officers to prevent such a thing from happening again. Officers have not been disciplined or retrained, and no policies have been revised or implemented. In fact, both officers testified that they would do things exactly the same again.
Success in civil rights cases is against the odds, especially in a case involving police. Tremendous time, money, resources, and energy must be invested just to fight for a chance to obtain some bit of relief or accountability. And then, judges and juries are not empowered to truly bring about better, safer policing.
Unchecked violations of the duty to serve and protect threaten police credibility and safety as well as public safety. We entrust our police officers with great power -- to detain, arrest, and use deadly force if necessary -- and we provide them special status in return. For all our sakes, they should honor that status by serving and protecting, not terrorizing and tasing.
*****
While the officers continued to deny any wrongdoing, they have admitted to previously testifying falsely, false reports, missing evidence, and multiple violations of policy and training standards.
Bad stop... they were doing nothing wrong. What the officer thought was a glass marijuana pipe was an air hose nozzle. Plus they tased the boy more times than Taser Inc suggests anyone be tasered.
Pay the two victims... and fire the officers.
I'm the infidel... Allah warned you about. كافر المسلح
Bad stop... they were doing nothing wrong. What the officer thought was a glass marijuana pipe was an air hose nozzle. Plus they tased the boy more times than Taser Inc suggests anyone be tasered.
Jury clears Dover marshal after excessive force claim
Posted: October 7, 2015 - 8:22pm
LITTLE ROCK (AP) A federal jury ruled Tuesday that a couple and their son failed to prove their claim that a town marshal used excessive force during a 2011 encounter on a street in Dover, but the family didnt leave the courthouse empty-handed because another defendant reached a $225,000 settlement before jurors announced a verdict.
Ron and Eva Robinson, along with their son Matthew, claimed Dover deputy Steven Payton overreacted after seeing the boy approach his mother while she was walking the family dog. Payton had said that, not knowing their relationship, he had a reason to stop and question them, but that they became defiant and uncooperative.
[...]
Prior to the jury returning to the courtroom after a second day of deliberations, James said, details of a $225,000 settlement with law officer Kristopher Stevens were read into the court record.
[...]
In a previous initial win at the District Court, the 8th Circuit reversed. This one alleged State Trooper Stewart Condley failed to stop another law enforcement officer's use of excessive force.
As usual, I had to research Deckards bullshit yellow articles because they aren't trustworthy. This case however did turn out to be officer error... and I did find the 225,000 settlement.
I have no doubt the son didn't cooperate with the officers when they asked him to get out of the patrol car... but if the officers were well trained and mindful of a citizens rights, would have determined there wasn't any PC to stuff the kid, his mother and the dog in the back of the patrol car in the first place.
Total screw up on the LE end... pay the folks.
I'm the infidel... Allah warned you about. كافر المسلح
BREAKING NEWS: Robinson Found Not Guilty of All Charges
River Valley Leader Thursday, July 12, 2012 12:00 am
Eva Robinson, a 20-year Dover resident, has been found not guilty on three misdemeanor charges of criminal mischief, resisting arrest and disorderly conduct, stemming from a September 2011 incident in which her juvenile son was tasered by law enforcement.
The final day of the trial started at 8:30 a.m. Wednesday when the prosecution called its first witness of the day, Pope County Sheriff's Sgt. Kristopher Stevens. Stevens arrived after officer Payton, the officer who made initial contact with the Robinson's, called for backup. Stevens arrived within four minutes of the call. Stevens was questioned about the policies the Pope County Sheriff's Office has in regards to the usage of video and audio in the calls the deputies respond to. Although the video equipment in Stevens car captured some of the incident, the audio was not available.
Stevens was then questioned about the incidents that followed. Stevens testified to the jury, "I approached the police car of Payton's, we briefly discussed the situation, Payton informed me both parties had been placed under arrest so I began assisting him." When Stevens arrived at the scene both Robinson an her juvenile son were in the back seat of Payton's police car.
Stevens described the next sequence of events, saying, "I opened the door to remove the male subject and he refused to get out. I warned the male subject if he did not comply I would tase him. After warning him twice I reached into the patrol car, grabbed the male's arm and tried to pull him out. When he resisted, I energized (tased) him."
Robinson's defense attorney, Little Rock-based Patrick R. James, questioned Stevens further, asking, "Mr. Stevens, how many times did you tase the subject?" Stevens replied, " I recall tasing him four times."
According to Stevens, the juvenile male was "tased twice in the patrol car". Attorney James then asked Stevens, " He could have been trying to get away from the pain of the taser, correct? Stevens replied to James, "Correct."
James then asked Stevens, "Did you tase him twice on the ground? In your report, that's what it states. Deputy Stevens answered, "yes sir." Again attorney James asked Stevens, "you also tased him twice standing up, correct? "Yes sir" answered Stevens. So in this incident this 16-year-old was tased six times? James questioned. "I believe so sir," Stevens answered.
The next witness called to testify was Cpl. Condley with the Arkansas State Police. Condley testified he witnessed Sgt. Stevens tase the juvenile subject. Upon Stevens tasing the juvenile male, Robinson jumped on top of the male juvenile. Condley then pulled her off of the juvenile and asked her to exit the vehicle. When Robinson refused,Condley pulled her out of the patrol car by her arm.
During this time, Condley observed officer Payton and Sgt. Stevens "wrestling with the juvenile male behind the patrol car on the ground." Condley testified, "I had a hold of Robinson's right wrist and she was lunging, she grabbed the antenna on the patrol car and broke it. I advised her she was then under arrest for destruction of property."
After showing the video of the incident that was taken from the Pope County sheriff's patrol car, it appeared Robinson was raised up and slammed down several times on the hood of the police car. Stevens explained this occurred when Stevens and Condley were trying to restrain her and handcuff her after Robinson "slipped the left hand cuff."
"After realizing Robinson had slipped one of her handcuffs, I took her to the front of the car. Sgt.Stevens came to assist me," Condley said. "Stevens had Robinson's left arm and attempted three times to put her arm behind her back. Once we got her in handcuffs again we attempted to sit her down in the patrol car. Robinson refused by flailing her legs, shoulders and neck."
Also testifying today where Sarah Payton, wife of Officer Payton, who was with her husband and participating in a "ride along", Jackie Miller a resident of Dover, one juvenile witness from Dover, Cecil Reddell and Billy Holly.
The last witness of the trial was the defendant, Eva Robinson. Once on the stand, Robinson described her son as a member of the Beta club, Spanish club, former member of the FBLA and a 4.0 student, who had been inducted into the National Honor Society. Her son has attended many mission trips, works in the church nursery once a month, and attends training with the Dover Fire Department.
"He has never been in any trouble with law enforcement before; he's a good kid," Robinson said.
Robinson's testimony differed from the testimonies of the officers involved. Robinson testified, "We were never asked for identification and I stated my home was right next door. I also told the officer you can go get it from my husband, I don't have anything to hide."
When attornies asked if Robinson had ever seen a taser before she answered, "No". Robinson also told the jury, "I do not have a TV in my home, we don't have channels. My first thought when I saw the taser was that it was a gun. I thought they were going to kill my son."
Robinson later testified, "When the officer pointed what looked like a gun at my son, I panicked. I just saw streams coming out and didn't understand, I just know he was screaming. I jumped on him to try to save him."
After being taken to the Pope County Detention Center and given citations for disorderly conduct and resisting arrest, Robinson was released to her husband.
Robinson was taken to St. Mary's Regional Medical Center emergency room to be evaluated. Robinson suffered injuries to her wrists, a bruised elbow, lacerations on her back and marks around her neck that she said she "obtained from being choked by Stevens."
The juvenile was taken to the Danville Juvenile Detention Center and suffered injuries to both the left and the right sides of his face, cuts and abrasions on his right elbow and his forehead was swollen. Photos were introduced of both parties' injuries as evidence. Later that evening, the juvenile was released to the custody of his parents.
At 4:30 p.m. Wednesday, the defense rested its case. Jurors were given instructions to follow during their deliberation. At approximately 6 p.m., the jury exited the court room and entered the deliberation room.
At 7:15 p.m. the jury had its verdict. Judge William Pearson took the verdict from the elected foreman and read it aloud.
"We the jury of the above mentioned case find the defendant, Eva Robinson, not guilty of the charge of disorderly conduct, not guilty of the charge of refusal to submit to arrest and not guilty of the charge of second-degree criminal mischief."
While exiting the courtroom, River Valley Leader asked Robinson's defense attorney Patrick James his thoughts of the verdict.
"Does this verdict do justice for the incident?" River Valley Leader asked. James stated, "You know, they can never go back and undo what has happened to them, but yes, this is absolutely justice. I believe this family feels vindicated. This is something that should've never happened. Their son should have never been tased, and the officers used excessive force that night."
In closing, River Valley Leader asked James, "Will the Robinson family pursue a trial against the city of Dover? James answered, "I don't know, we've bounced that around, but I don't know their decision."
16-Yr-Old & His Mom Tazed & Arrested After Boy's Waving at Cop Deemed 'Suspicious'
That's fine. A kid waves his hand as a gesture of friendship and what do the cops do? At least they didn't shoot the dog. They probably didn't think to do it.
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
" Bad stop... they were doing nothing wrong. What the officer thought was a glass marijuana pipe was an air hose nozzle. Plus they tased the boy more times than Taser Inc suggests anyone be tasered.
Pay the two victims... and fire the officers. "
Good call GI
Si vis pacem, para bellum
Those who beat their swords into plowshares will plow for those who don't