unlawful arrest https://truthvoice.com Wed, 22 May 2019 11:33:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.3 https://i0.wp.com/truthvoice.com/wp-content/uploads/2019/05/cropped-truthvoice-logo21-1.png?fit=32%2C32&ssl=1 unlawful arrest https://truthvoice.com 32 32 194740597 Pennsylvania Cop Sued For Assaulting And Arresting Man Doing Nothing Other Than Recording https://truthvoice.com/2015/08/pennsylvania-cop-sued-for-assaulting-and-arresting-man-doing-nothing-other-than-recording/?utm_source=rss&utm_medium=rss&utm_campaign=pennsylvania-cop-sued-for-assaulting-and-arresting-man-doing-nothing-other-than-recording Tue, 11 Aug 2015 09:09:41 +0000 http://truthvoice.com/2015/08/pennsylvania-cop-sued-for-assaulting-and-arresting-man-doing-nothing-other-than-recording/
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Jason Ammary receives an award for merit during the Allentown Police Commendation Awards Wednesday at the Scottish Rite Cathedral on 05/13/15. (ADDISON GEORGE / THE MORNING CALL)

A man lying on a porch screams at the top of his lungs and then moans from the pain of a stun gun being pressed into his back, begging the Allentown police officers surrounding him to let him up — a scene captured on cellphone video.

His shouts drew a crowd and, like several others, Eli Heckman started shooting the video of the Oct. 27 fracas along N. Front Street in Allentown.

On Heckman’s video, a police officer comes over to him and orders him to stop, and Heckman responds that he believes he has the right to shoot video on a public sidewalk.

According to Heckman’s civil rights lawsuit recently filed in federal court, Heckman walked away from the officer, later identified as Jason Ammary, but “Ammary responded by grabbing and shoving [Heckman] in an extremely rough manner.”

Heckman, who seeks damages in excess of $150,000, says Ammary twisted his arms behind his back and smashed his cellphone on the ground.

The suit — and Heckman’s video of the incident obtained by The Morning Call — shows the tension between citizens and law enforcement that has been playing out nationwide as cellphone videos have become central in the debate over allegations of police misconduct.

It was one year ago this week that a cellphone video showed Michael Brown’s body lying on a street in Ferguson, Mo., hours after the unarmed teen was allegedly gunned down by a police officer.

In April, another cellphone video showed Baltimore police officers shackling Freddie Gray before putting him in the back of a police van, where he later suffered a broken back and died.

Also in April, another video caught a South Carolina police officer shooting Walter Scott in the back as he ran away. A North Charleston police officer was charged with Scott’s murder after the video surfaced.

In Heckman’s suit, his attorney, Joshua Karoly, argues the incident occurred because Allentown does not properly train police officers and tolerates their misconduct. Specific training on how officers should respond to citizens who video police conduct is needed, the suit states.

“The city had knowledge that due to … nationally publicized incidents of its use to record public actions of police officers, especially those appearing to commit civil rights abuses, that a citizen’s use of a cell phone to capture public police conduct would occur within the city of Allentown, but failed to develop and maintain any policies, customs, rules or regulations regarding same,” the suit states.

Besides Ammary and 10 unnamed officers, the city is also named in the suit. Allentown police Chief Joel Fitzgerald referred questions about the suit to the city solicitor’s office. Attorney John Morgenstern, who is handling the case for the city, did not return a phone message.

Karoly declined to answer questions about the case Tuesday.

“The complaint and the video speak for themselves,” Karoly said

The incident that led to Heckman’s arrest happened around 8:20 p.m. on what appears to be a crowded corner in Center City.

Court records say police were in the area of Fourth and Liberty streets looking for two men suspected of committing a robbery a few blocks away. They stopped Alexander A. Aron, 23, who was allegedly walking near his home at 502 N. Fourth St.

Aron, who was drinking a bottle of beer, was “uncooperative” with police and smelled of alcohol, court records say. Police say he refused to tell officers his name, then began to tense up and flail his arms when four officers tried to handcuff him.

Aron was charged with resisting arrest, simple assault, disorderly conduct and public drunkenness. His attorney, Eric Dowdle, said he’s looking forward to fighting the charges when the case goes to trial next month. During the scuffle, police reports say, Aron kicked an officer in the face.

Heckman’s video does not show any of this. It begins with Aron facedown on a porch, surrounded by a group of police officers and bystanders. Several people are pleading with the officers to stop hurting the man as his cries grow louder.

Dowdle said his client was thrown to the porch by the officers after he went into the home to get his identification. He said Aron was hit with a stun gun six times even though he was screaming in pain.

Dowdle said he and his client are grateful that Heckman was shooting video, and believes the community should see it.

“The public has to see what’s going on,” Dowdle said. “The fact of the matter is that this stuff happens in Allentown, and it’s going to continue to happen unless people pay attention.”

Tod Burke, a former Maryland police officer who now teaches criminal justice at Radford University in Virginia, said police officers are forced to make split-second decisions about whether to stop someone from using their cellphones to video a crime scene.

“Are you posing a danger to police and citizens by recording? Are you getting too close? And is that even a cellphone in your hand? As a police officer, all I may know for sure is that you’re doing something that’s distracting me from my work,” Burke said.

A right to video police?

After getting the order to stop using his cellphone, the video shows, Heckman told Ammary that he believed he was allowed to film on a public sidewalk.

Court decisions lean in Heckman’s favor, though if some police officials have their way, that could change.

This week, Boston police Commissioner William B. Evans called for laws regulating citizen videotaping of police, saying he believed it was interfering with officers’ work.

It was a Boston case that first clarified the law that allows people to record police officers doing their job. In 2011 the U.S. Court of Appeals for the First Circuit ruled in favor of Boston lawyer Simon Glik, who sued the city after he was arrested for using his cellphone to record police officers punching another man on Boston Common.

Glik was charged with violating Massachusetts’ wiretap laws, which prohibit secret interception of oral communication. Since Glik was openly recording the police by holding up his cellphone, the courts ruled that he had a First Amendment right to observe and gather information about what the police were doing in a public place.

Since 2011, numerous courts have upheld so-called citizen journalists’ rights to video police in public, although there are some limits. Citizens may not interfere with an investigation, or record police involved in undercover investigations.

During the confrontation, Heckman’s video shows, Ammary told Heckman to stop recording and “get off the block.”

“I’m walking, I’m walking,” Heckman replies. According to the lawsuit, he had dropped his arm holding the phone to his side before the officer grabbed him.

Heckman was charged with disorderly conduct and failing to disperse under official order. Both charges were later dismissed, court records show.

Heckman claims in the lawsuit that Ammary used foul language while handcuffing him and driving him to the police station.

“Why did you have to videotape? Now you’re [expletive],” the suit states.

The suit is just the latest in a string of eight brutality claims filed against Allentown police since September, and the second in which Ammary is named.

A federal judge in August gave the green light for a jury to decide a lawsuit over a Sept. 29, 2011, incident outside Dieruff High School, in which Ammary is accused of using excessive force by shooting a 14-year-old girl in the groin with a stun gun.

Heckman, 32, of W. Tilghman Street has had numerous run-ins with police, court records show. His most recent conviction is a 2009 drug offense for which he served two years’ probation. He’s awaiting trial for retail theft, according to court records.

Heckman’s lawyer wrote a letter to city and police officials complaining about the incident and attached a copy of the video, the suit states.

“Rather than the city and department being appreciative of being provided the information and taking appropriate disciplinary action to better their police force, the department verbally advised that they did an ‘investigation’ and decided that the complaint was ‘unfounded,'” the suit says.

Cellphone videos can be used to resolve such issues between citizens and law enforcement, said Brian A. Jackson, director of the Safety and Justice program at the RAND Corporation, a global nonprofit policy think tank.

“Studies have shown that cameras can provide information that helps to resolve disagreements over events — in favor of police in the case of spurious complaints, and for citizens when other evidence is not available to support their claims of mistreatment,” he said.

Written by Laurie Mason Schroeder for The Morning Call

Video of Heckman’s arrest is available on The Morning Callhttp://www.mcall.com/videos/mc-exclusive-video-watch-eli-heckmans-arrest-warning-explicit-language-20150811-premiumvideo.html

 

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Occupy Protester Arrested For Informing Juries About Nullification https://truthvoice.com/2015/08/occupy-protester-arrested-for-informing-juries-about-nullification/?utm_source=rss&utm_medium=rss&utm_campaign=occupy-protester-arrested-for-informing-juries-about-nullification Mon, 03 Aug 2015 11:33:28 +0000 http://truthvoice.com/2015/08/occupy-protester-arrested-for-informing-juries-about-nullification/

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DENVER — A man has been charged with seven counts of jury tampering on Monday after prosecutors say he attempted to influence jurors by passing out literature about jury nullification.

Mark Iannicelli, 56, appeared outside Denver’s Lindsay-Flanigan Courthouse with a small booth and a sign that said “Juror Info,” providing flyers to jury pool members, according to the District Attorney’s office.

Iannicelli did not appear to have personal interest in the trial at which he was handing out the fliers.

Jury nullification is the right jurors have in a trial to acquit a defendant, despite the conclusion by members of the jury that the defendant is “guilty” of the charges. It has historically been used as a safeguard against unjust laws, such as the federal Fugitive Slave Act, which required escaped slaves to be returned to their owners.

According to a report by Eric Verlo at Not My Tribe, Iannicelli is a soft-spoken Occupy Denver protester who was simply attempting to inform jurors of their rights. Verlo describes jury nullification as “an unpopular legal concept with a judicial system meant to crank out fines and jail sentences,”— a right which the US Supreme Court affirmed in 1969 with U.S. v Moylan.

“Iannicelli has been released from custody on a $5,000 personal recognizance bond,” the office said in a Thursday news release. He is due back in court on August 11.

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Virginia Man Arrested For Not Showing His Papers https://truthvoice.com/2015/07/virginia-man-arrested-for-not-showing-his-papers/?utm_source=rss&utm_medium=rss&utm_campaign=virginia-man-arrested-for-not-showing-his-papers Tue, 14 Jul 2015 09:05:42 +0000 http://truthvoice.com/2015/07/virginia-man-arrested-for-not-showing-his-papers/
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A law enforcement officer believed to be Officer John L Hughson of Henrico County, Virginia

HENRICO COUNTY, Va. — A video posted to YouTube on Monday appears to show a man being unlawfully arrested for no reason other than remaining silent and not providing identification documents.

The video, uploaded by an account belonging to a man named Kyle Hammond, appears to show Hammond being approached, harassed by, and eventually arrested by a law enforcement agent with a name tag labeled “HUGHSON.” During the encounter, Hammond asks why he is being arrested and what he is being charged with, and the law enforcement agent responds, “Because you won’t talk to me, you won’t answer me, you won’t provide me with any ID.”

TruthVoice found salary records for Henrico County, Virginia — where the incident allegedly took place — that shows the county employs a John L. Hughson, ranked Police Officer 1st Class.

Video available below:

A report from police accountability blog Cops Caught On Tape provides an account of what transpired on the video:

Kyle Hammond, who was recording legally in public, was approached by Officer Hughson, Badge #0979, and requested his Identification. Kyle exercised his 5th Amendment right to remain silent, despite Officer Hughson’s repeated attempts. When Kyle refused to answer any questions, Officer Hughson radioed in for a supervisor. Within seconds, Officer Elliott (Badge #1283) arrived on scene, asking Officer Hughson if Kyle was ‘being detained’. You can clearly hear Officer Hughson state that Kyle was NOT being detained.

According to Cops Caught On Tape, Kyle Hammond says he has been charged with obstruction of justice, and has a trial scheduled for August 27. Contact information for some of the parties responsible for Hammond’s arrest are listed on their website, and shared below:

Henrico County Police Department:
http://henrico.us/police/

Chief’s Office: (804) 501-4839

Internal Affairs: (804) 501-4834
https://www.facebook.com/HenricoCountyPolice

Henrico County Commonwealth’s Attorney:
http://henrico.us/com-atty/
(804) 501-4218
https://www.facebook.com/pages/Re-Elect-Shannon-Taylor-for-Henrico-Commonwealths-Attorney/156184377795987

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Texas Cops Shoot Second Dog in Hunt for Nonviolent Fugitive https://truthvoice.com/2015/06/texas-cops-shoot-second-dog-in-hunt-for-nonviolent-fugitive/?utm_source=rss&utm_medium=rss&utm_campaign=texas-cops-shoot-second-dog-in-hunt-for-nonviolent-fugitive Thu, 11 Jun 2015 08:57:46 +0000 http://truthvoice.com/2015/06/texas-cops-shoot-second-dog-in-hunt-for-nonviolent-fugitive/

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ODESSA, Texas — Police have been looking for a fugitive charged with nonviolent crimes for nearly three months, and managed to make their way onto private property on two separate occasions to shoot two dogs.

Austin Dawson, 33, is wanted for violating probation sentenced to him for public intoxication, and for possession of a controlled substance.

Police have been searching for Dawson since at least March 25, when police made their way onto private property and set off a house alarm. NewsWest9 reported:

“He came charging through the door so we backed up and he kept coming in coming in and he was probably a foot away and I had to ******* shoot him,” an unknown Odessa Police Officer said on dash cam audio.

Naturally, the dogs owner, Cory Brooks, disagreed with the cops’ decision to come onto his property and shoot his dog. “I don’t think you should use lethal force on a dog. Why do you have to shoot at a dog four times?”

Fortunately the dog, a pitbull named Smoke, survived the attack. The same fate may not be in store for the dog shot and placed in critical condition several months later by US Marshals, still looking for the same man.

An Odessa police press release from Wednesday gives their version of events:

“While on scene, a U.S. Marshal deputy shot at a dog after it came towards them in an aggressive manner. No arrests were made and no other force was used during the incident.”

The dog’s owner tells a different story, however.

“My dog didn’t bark at [law enforcement officials],” Anthony McDowell told NewsWest 9. “Not one time. Didn’t even go charge him.”

McDowell says his dog, Spot, had been a beloved member of his family for years, and that is still in critical condition as of Wednesday night.

Neighbors, who witnessed police shooting the dog, claimed the Marshal shot him “at least four times.”

“I watched it, I seen it and I couldn’t believe it,” said neighbor Christopher Cavanaugh. “We want to feel like everybody else, like we’re protected by the police, not harassed by them.”

Despite shooting two dogs on two separate occasions over the span of nearly three months, while searching for a man wanted for nonviolent “crimes,” Austin Dawson has not been found and remains “at large.”

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Crowd Helps Man Escape Arrest for Victimless Crime https://truthvoice.com/2015/06/crowd-helps-man-escape-arrest-for-victimless-crime/?utm_source=rss&utm_medium=rss&utm_campaign=crowd-helps-man-escape-arrest-for-victimless-crime Sun, 07 Jun 2015 11:24:58 +0000 http://truthvoice.com/2015/06/crowd-helps-man-escape-arrest-for-victimless-crime/

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MELBOURNE, Fla. — Melbourne police are reporting that one of their officers was stopped by a crowd from making an arrest on Saturday.

A police officer approached Phoenix Low, 22, about a city ordnance requiring people with alcoholic beverages to remain indoors. When the police officer went to arrest Low for committing the victimless crime, Low escaped.

The police officer gave chase and caught up with Low, but this time when he attempted to put Low in handcuffs, a crowd gathered and pulled the officer from the young man, preventing his arrest. Low was able to break free once more before eventually being captured and charged with resisting arrest.

 

According to police, this is the second time in recent history that a crowd has interfered with a police officer trying to make an arrest.

Melbourne police have not named the officer involved, but say he used “less lethal force” to disperse the crowd that kept him from arresting Low for the victimless crime. Low was released from jail Sunday.

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Cop Block Activist Pepper Sprayed, Assaulted, Kidnapped for Flipping Off a Cop https://truthvoice.com/2015/06/cop-block-activist-pepper-sprayed-assaulted-kidnapped-for-flipping-off-a-cop/?utm_source=rss&utm_medium=rss&utm_campaign=cop-block-activist-pepper-sprayed-assaulted-kidnapped-for-flipping-off-a-cop Sat, 06 Jun 2015 11:24:13 +0000 http://truthvoice.com/2015/06/cop-block-activist-pepper-sprayed-assaulted-kidnapped-for-flipping-off-a-cop/

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SARATOGA SPRINGS, N.Y. — A Saratoga Springs police officer may lose his job for pepper spraying a man who flipped him off.

Officer Nathan Baker was on duty when Adam Rupeka, a member of police accountability group Cop Block, gave Officer Baker the middle finger. The officer responded by pulling over Rupeka’s vehicle.

Rupeka began filming the encounter before Baker approached his vehicle. The officer asked Rupeka for his license and registration, and Rupeka agreed to provide that information if he was told what crime he was suspected of committing.

Instead of articulating a crime, Officer Baker assaulted Rupeka by spraying him in the face with pepper spray and twisting his arm behind the vehicle’s driver-side door, forcing him out of the vehicle. Baker then kidnapped Rupeka under color of law.

At the time of writing, it does not appear Officer Baker is being charged with any crime, but he is scheduled for a disciplinary hearing in which the Saratoga Springs Chief of Police is expected to terminate Baker’s employment. Rupeka has filed a civil lawsuit against the officer as well.

A video of the encounter is available below:

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VIDEO: Fresno Police Arrest Activist for No Apparent Crime https://truthvoice.com/2015/06/video-fresno-police-arrest-activist-for-no-apparent-crime/?utm_source=rss&utm_medium=rss&utm_campaign=video-fresno-police-arrest-activist-for-no-apparent-crime Mon, 01 Jun 2015 11:28:40 +0000 http://truthvoice.com/2015/06/video-fresno-police-arrest-activist-for-no-apparent-crime/

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Fresno police harassed a police accountability activist earlier this week for allegedly making “threatening gestures.”

In the video below, Brian Sumner claims to have been sitting on a park bench before the officer approached him. It is at this time Sumner began recording the encounter.

The police officer, Sergeant Andy Mercado, calls for backup and approaches Sumner with his Taser drawn. Mercado tells him that he is being detained, but when asked for an explanation, he can only say that Sumner committed a crime by making gestures. When Sumner asked for further explanation, Mercado told him he was being arrested for “resisting an officer.”

Sumner stood there as the Mercado kept his Taser drawn and prevented him from leaving, after which time more officers arrived on the scene. The police then arrested Sumner and took his camera and possessions.

Sumner’s recording of the encounter is available below:

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