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Title: ‘Push him off’: Insane Video Shows Cops Push Teen Off a Roof, Taser Him on the Ground
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/p ... -roof-taser-him-on-the-ground/
Published: Oct 18, 2019
Author: Jack Burns
Post Date: 2019-10-18 03:03:22 by Deckard
Keywords: None
Views: 94
Comments: 10

Kissimmee, FL — This week, a police officer’s body camera captured one of the most insane moves by a cop that we have reported here at TFTP. An officer pushed a teenager off of a roof. And, despite video evidence of the infraction, the officer was given less than a slap on the wrist for his behavior.

Accused of stealing his girlfriend’s car, police showed up at the alleged thief’s home and attempted to get his side of the story. But instead of getting the boyfriend’s version of events, the man fled deeper into the house, and eventually accessing the roof from a second-story window.

“Come down…You’re going to get tased and you’re going to fall. So, you better jump,” one of the officers says on the video.

Sgt. Anthony Amada was on the ground and after several attempts to convince the man to jump from the roof, Amada then told Officer Plenio Massiah to “push him off.”

“Push him off the roof. Push him off. Just push him off. Push him off,” said Amada.

Insanely enough, that’s exactly what Massiah did, and as soon as the man hit the ground, Amada gave him an obligatory tasing, even though he was not attempting to flee any longer according to the body camera footage.

Following a police internal investigation, Massiah was “disciplined” for his actions by being penalized vacation pay totaling 8 hours—for pushing a teenager off of a roof. Adding insult to injury, however, is the fact that the officer resigned in June, supposedly before he was impacted by the penalty. He was also reportedly attempting to avoid disciplinary action in a separate incident as well.

According to the report, Massiah said he feared a struggle between him and the suspect on the roof could’ve led to them both falling off, according to WFTV.

Messiah was found to have violated a KPD general order which “Members shall use only the degree of force necessary to affect lawful objectives.”

Police Chief Jeff O’Dell said, “Massiah’s decision to push the suspect off the roof could have resulted in significant injury.”

Amada resigned from the department in June yet Internal Affairs was not at all pleased with his unethical order. According to the report obtained by WFTV the KPD was displeased with Amada’s leadership which it concluded was, “not indicative of a supervisor with 14 years of experience.”

While pushing a teenager off of a roof is certainly one of the craziest things we’ve reported on here at TFTP, it is not surprising. As the Free Thought Project reported previously, police were caught on video tasering a young man’s testicles and his body — until he died. Then, we learned that although the Dallas County District Attorney Faith Johnson found that the officers involved had committed a crime during their torture — they cannot be charged. Adding further insult to unaccountable injury and death, according to court documents released in 2017, the cops defended their tactics, calling their torturous acts that fateful night, standard procedure.

Mesquite police officers Jack Fyall, Richard Houston, Alan Gafford, Zachary Scott, William Heidelburg and Bill Hedgpeth, the ones responsible for the death of Graham Dyer, asked the judge to dismiss the lawsuit brought against them by his Dyer’s parents.

“If I could go back in time and have this case, it would be indicted,” said Michael Snipes, the first assistant district attorney. “We would have pursued criminally negligent homicide charges.”

These charges cannot be brought now, however, because — in spite of the family only recently finding out about their son’s horrifying death — cops kept the footage of it secret long enough for the statute of limitations to expire.

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#1. To: Deckard (#0)

Insanely enough, that’s exactly what Massiah did, and as soon as the man hit the ground, Amada gave him an obligatory tasing, even though he was not attempting to flee any longer according to the body camera footage.

Following a police internal investigation, Massiah was “disciplined” for his actions by being penalized vacation pay totaling 8 hours—for pushing a teenager off of a roof. Adding insult to injury, however, is the fact that the officer resigned in June, supposedly before he was impacted by the penalty. He was also reportedly attempting to avoid disciplinary action in a separate incident as well.

Seems like a big nothing of a story. Teen wasn't injured, got tazed. Officer resigned, probably to avoid the other discipline case he was already involved in. The cop will go down the road a ways and get another job as po-lice.

The teen was accused of grand theft auto. We never did find out if he was guilty of that or even charged. Did his GF just drop charges? Was it a misunderstanding or some teenage lovers' quarrel? We never find out. However, fleeing on to a roof to avoid cops probably means he was guilty of something. Kind of poor reporting IMO.

There was so little to this Florida story that TFTP had to try to connect it to a completely unrelated 2017 case in Texas.

This is a crappy news thread, a waste of time really.

Tooconservative  posted on  2019-10-18   4:25:00 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

Tase this felon on the roof and after he falls to the ground tase him again.

misterwhite  posted on  2019-10-18   9:39:43 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#2)

Tase this felon on the roof and after he falls to the ground tase him again.

Even that wouldn't make this story worth reading.

Notice how the story is so lame that tFTP has to add in unrelated police cases from another state going back several years.

In the end, this is just a kid who didn't want to talk to cops. Being seated on the edge of a 9' roof and being about 6' tall and therefore having legs about 3' long, the kid suffered the equivalent of dropping off a 6' height. Not very likely even to twist an ankle, especially for a teen that age.

tFTP needs to bring back some quality muckraking with Matt Agorist. This one was just boring and pointless.

Tooconservative  posted on  2019-10-18   10:32:47 ET  Reply   Trace   Private Reply  


#4. To: Tooconservative (#3)

Being seated on the edge of a 9' roof and being about 6' tall and therefore having legs about 3' long, the kid suffered the equivalent of dropping off a 6' height. Not very likely even to twist an ankle, especially for a teen that age.

When my boys were younger, I taught them the house fire drill where they would open their second floor bedroom window, push out the screen, climb onto the 9-foot high porch roof and jump to the ground.

I didn't realize that was the equivalent of child abuse.

misterwhite  posted on  2019-10-18   10:58:48 ET  Reply   Trace   Private Reply  


#5. To: misterwhite (#4) (Edited)

When my boys were younger, I taught them the house fire drill where they would open their second floor bedroom window, push out the screen, climb onto the 9-foot high porch roof and jump to the ground.

Be careful about making such confessions. Deckard may tip off Matt Agorist and you'll be featured in some upcoming tFTP story.

"FATHER PUSHES WEE TYKES OFF ROOF IN HOMICIDAL FIRE DRILL!"

Tooconservative  posted on  2019-10-18   12:22:21 ET  Reply   Trace   Private Reply  


#6. To: Tooconservative (#5)

"FATHER PUSHES WEE TYKES OFF ROOF IN HOMICIDAL FIRE DRILL!"

As God is my witness I thought they could fly.

misterwhite  posted on  2019-10-18   12:58:12 ET  Reply   Trace   Private Reply  


#7. To: Tooconservative (#1)

The teen was accused of grand theft auto. We never did find out if he was guilty of that or even charged. Did his GF just drop charges? Was it a misunderstanding or some teenage lovers' quarrel? We never find out. However, fleeing on to a roof to avoid cops probably means he was guilty of something. Kind of poor reporting IMO.

A little due diligence reveals some entertainment value. Never trust anything from The Free Thought Project, verify everything. It is a never ending river of bullshit.

- - - - - - - - - - - - - - - - - - - -

Kissimmee, FL — This week, a police officer’s body camera captured one of the most insane moves by a cop that we have reported here at TFTP. An officer pushed a teenager off of a roof. And, despite video evidence of the infraction, the officer was given less than a slap on the wrist for his behavior.

Accused of stealing his girlfriend’s car, police showed up at the alleged thief’s home and attempted to get his side of the story. But instead of getting the boyfriend’s version of events, the man fled deeper into the house, and eventually accessing the roof from a second-story window.

This week, on March 3, 2019.

Yadiel Torres, an adult, was arrested for third-degree grand theft of a motor vehicle, resisting an officer without violence and violating the terms of his pretrial release for a misdemeanor domestic violence charge from January. He pleaded guilty to all three offenses in May and was sentenced to a year and a half of supervised probation.

https://www.washingtonpost.com/nation/2019/10/17/kissimmee-police-roof-teenager-suspended-eight-hours/

A Florida cop pushed a teenager off a roof. His punishment: Forfeiting one vacation day.

By Antonia Noori Farzan
Washington Post
Oct. 17, 2019 at 5:21 a.m. CDT

[excerpt]

The March confrontation on the rooftop came after Torres’s ex-girlfriend called police to report that he had been driving her car without her permission for a week. According to charging documents, the two argued on Feb. 24 about whether she would give him a ride. The dispute grew so heated that the woman got out of the car and walked home, leaving Torres in a post office parking lot with her silver Toyota Corolla.

The next morning, she told police, she contacted Torres on Facebook and asked for the car back. He refused.

A week later, when she still didn’t have her Toyota back, Torres’s ex-girlfriend contacted the police, saying a friend of hers had spotted the car parked in a Kissimmee subdivision. When officers showed up at the beige stucco house on March 3, they spotted Torres inside. He made a beeline up the stairs, police wrote.

Thinking he might escape through a window, they ran to the other side of the house, only to discover the teen was on the roof. In his affidavit, Officer Patrick Smith wrote that Torres looked ready to jump but seemed to change his mind when he saw police waiting for him on the ground.

“Sgt. Amada and I as well as Officer Massiah pleaded with Yadiel to surrender several times but he refused so Officer Massiah nudged him off the roof because he was not complying with a law order to stop resisting,” Smith wrote. He added that after hitting the ground, Torres “appeared as if he was going to get up,” so Amada deployed his stun gun.

Court records show that Torres was arrested for third-degree grand theft of a motor vehicle, resisting an officer without violence and violating the terms of his pretrial release for a misdemeanor domestic violence charge from January. He pleaded guilty to all three offenses in May and was sentenced to a year and a half of supervised probation.

nolu chan  posted on  2019-10-18   20:44:34 ET  Reply   Trace   Private Reply  


#8. To: Tooconservative (#1)

There was so little to this Florida story that TFTP had to try to connect it to a completely unrelated 2017 case in Texas.

This is a crappy news thread, a waste of time really.

- - - - - - - - - -

The 2017 case was a 2013 case and even more entertaining. Other cases on other threads are no better.

While pushing a teenager off of a roof is certainly one of the craziest things we’ve reported on here at TFTP, it is not surprising. As the Free Thought Project reported previously, police were caught on video tasering a young man’s testicles and his body — until he died. Then, we learned that although the Dallas County District Attorney Faith Johnson found that the officers involved had committed a crime during their torture — they cannot be charged. Adding further insult to unaccountable injury and death, according to court documents released in 2017, the cops defended their tactics, calling their torturous acts that fateful night, standard procedure.

Mesquite police officers Jack Fyall, Richard Houston, Alan Gafford, Zachary Scott, William Heidelburg and Bill Hedgpeth, the ones responsible for the death of Graham Dyer, asked the judge to dismiss the lawsuit brought against them by his Dyer’s parents.

“If I could go back in time and have this case, it would be indicted,” said Michael Snipes, the first assistant district attorney. “We would have pursued criminally negligent homicide charges.”

These charges cannot be brought now, however, because — in spite of the family only recently finding out about their son’s horrifying death — cops kept the footage of it secret long enough for the statute of limitations to expire.

The Graham Dyer incident occurred August 14, 2013. Dyer had a history of erratic behavior after taking drugs. COURT: "Witnesses say Graham was behaving strangely—falling on the ground and nearly stumbling into traffic., Id. And one of Graham's friends may have tackled him. Doc 78-6, Pl. Summ. J. App., 270. Someone called 911 to report Graham's strange behavior. Id. at 274. When Graham and his friends parted ways, Graham remained at the middle school. Id. at 275."

On 6 Jun 2018, the COURT wrote, regarding a claim of tasing the nuts, "In addition to stating that head injuries caused Graham’s death, Graham’s autopsy report indicated minor injuries to Graham’s limbs but found no evidence of damage to Graham’s testicles. Id. at 287."

Graham Dyer charged one cop, kicked and bit another. Dyer also banged his head on the ground, on the rear of the police car, and on the interior while inside the car being transported. Graham Dyer "died as a result of craniocerebral trauma." (Autopsy Report of 17 Aug 2013). Or, as TFTP might put it, he was tased in the nuts until he died of brain trauma.

The FBI wrote on 30 Jan 2015, "After a careful and thorough review of the complaint, we have determined that you have not alleged specific and credible violations of federal civil rights laws which could be successfully prosecuted and proved beyond a reasonable doubt in federal district court." No criminal charges were brought.

In the federal civil case, on 6 Jun 2018, the Court dismissed all charges except for the excessive force claims, noting plaintiffs could seek nominal or punitive damages.

On 6 Jun 2018, the COURT wrote:

4. Damages

Given that the Dyers’ claim against Officer Gafford can proceed, the Court must determine what kind of damages the Dyers can pursue. The officers argue that the Dyers have presented no evidence that any use of force caused Graham’s death. The Dyers respond that “[t]he undue and baffling escalation in force . . . was the driving factor and direct cause of Graham’s escalation in selfharm (e.g., bodily thrashing and head slamming), most notably during and after the incidents in Officer Heidelberg’s car.” Doc. 77, Summ. J. Resp. Br., 8. To evaluate the Dyers’ argument, the Court must determine whether the Dyers have presented evidence that Officer Gafford’s tasing of Graham was the “direct and only” cause of Graham’s “head slamming.” See Ikerd, 101 F.3d at 433–34.

The Dyers have failed to do so. The Dyers’ summary-judgment burden was to “identify specific evidence in the record” and “articulate the precise manner in which that evidence supports [their] claim.” Ragas, 136 F.3d at 458. But in their summary-judgment response brief, the Dyers cite no evidence for the proposition that Officer Gafford’s tasing of Graham “was the driving factor and direct cause of Graham’s escalation in self-harm.” See Doc. 77, Summ. J. Resp. Br., 8. And they do not explain how the tasing could have caused Graham to harm himself.

The Court has nonetheless searched the entire record for evidence that Graham inflicted on himself fatal head injuries because Officer Gafford tased him. The record contains no such evidence. The video and the officers’ narratives could be argued to support the inference that the tasing caused Graham to hit his head on the police car because Graham’s behavior seemed to worsen after Officer Gafford tased him. But that inference would be unreasonable. Graham was hitting his head on the inside of the car before Officer Gafford tased him. Doc. 78-10, Pl. Summ. J. App., 16:00–17:00. So because Graham was hitting his head both before and after Officer Gafford tased him, the Court finds that the video is not evidence that the tasing caused Graham to hit his head.

But the officers are incorrect that the Dyers’ failure to present evidence of injury precludes their excessive-force claim entirely. The Dyers’ evidence creates a fact issue as to whether Officer Gafford used excessive force on Graham, and if the Dyers prove that Officer Gafford used excessive force at trial, the Dyers could recover at least nominal damages without showing that Officer Gafford’s potentially excessive force caused Graham to suffer an actual injury. Williams, 352F.3d at 1014–15.

The Dyers could collect also punitive damages. Even without showing actual injury, a plaintiff can collect punitive damages from a defendant she proves violated her constitutional rights with “evil intent” or “reckless or callous indifference to [the plaintiff’s] constitutional rights.” Id. at 1014–15.

Because the plaintiffs have created a fact issue that allows them to argue to the jury that Officer Gafford violated Graham’s Fourth Amendment rights by tasing him repeatedly when he was not resisting arrest, the Court finds also that a fact issue exists regarding whether Officer Gafford acted with at least “reckless or callous indifference to [Graham’s] constitutional rights.” Williams, 352 F.3d at 1015 (quoting Sockwell v. Phelps, 20 F.3d 187, 192 (5th Cir.1994)).

On 8 Feb 2019 the COURT stated in FINAL JUDGMENT, "The parties have settled the remaining use-of-force claim against Defendant Alan Gafford and the previously dismissed use-of-force claims against the other Defendants. Doc 107, Joint Stipulation of Dismissal. The parties have not settled Plaintiff's medical-inattention claimms and failure-to-properly-restrain claims; but, those claims were dismissin in the Court's Memorandum Opinion and Order on the Defendants' motion for summaryu judgment (Doc. 84)). Thus, all claims have been resolved, and it is therefore ORDERED, ADJUDGED, and DECREED that Plaintiffs take nothing by their suit against Defendants and that this suit be, and it is hereby, DISMISSED. SO ORDERED."

https://www.scribd.com/document/430974123/Dyer-v-City-of-Mesquite-TXND-15-cv-2638-06-Jun-2018-Doc-84-Memorandum-Opinion-and-Order

nolu chan  posted on  2019-10-18   20:48:58 ET  Reply   Trace   Private Reply  


#9. To: nolu chan (#8)

Interesting details. I wasn't really suggesting that anyone should go research it so thoroughly.

It just seemed to me that there is a pattern of tFPT articles where they have some really weak case to bitch about and then realize that it is too weak so they mix in some other case that they can recycle from a few years back. It's an attempt at emotional transference, to get people angry enough over the older and more outrageous case to make the new case more interesting. And it gives them a way to flack their old news items with links to get more mileage out of their content farm. Notice that Deckard is diligent to keep those links intact when he posts them here; he could just copy/paste the plain text but he makes sure to keep those links intact. Now, these links are of limited use to them when readers are on their own site even though that is useful. However, it is a way to get fresh links and new readers to click on them when a story like that is posted to a site like LF. That way they have a chance to get new readers drawn into their content farm stories but they also get search engine ranking improvements. And even a few new clicks on some old story really do help them with site rankings, ad revenue, search engine rankings, etc.

I was trying to get at their strategies to promote their site, make weak stories more appealing, get fresh clicks on old stories, etc.

It is still just a job to crank out these stories every day to try to make money. And Matt Agorist and tFTP are no different than anyone else trying to make bank. tFTP is just another content farm and Agorist has to keep planting fresh "crops" to keep his farm productive.

Tooconservative  posted on  2019-10-18   22:15:51 ET  Reply   Trace   Private Reply  


#10. To: nolu chan (#8)

The Graham Dyer incident occurred August 14, 2013. Dyer had a history of erratic behavior after taking drugs. COURT: "Witnesses say Graham was behaving strangely—falling on the ground and nearly stumbling into traffic., Id. And one of Graham's friends may have tackled him. Doc 78-6, Pl. Summ. J. App., 270. Someone called 911 to report Graham's strange behavior. Id. at 274. When Graham and his friends parted ways, Graham remained at the middle school. Id. at 275."

On 6 Jun 2018, the COURT wrote, regarding a claim of tasing the nuts, "In addition to stating that head injuries caused Graham’s death, Graham’s autopsy report indicated minor injuries to Graham’s limbs but found no evidence of damage to Graham’s testicles. Id. at 287."

It does sound like PCP or bath salts followed by a bad concussion, mostly self-inflicted.

Tooconservative  posted on  2019-10-18   22:18:11 ET  Reply   Trace   Private Reply  


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