Indy cops story doesnt match video

[armedindy]

look how the "trained professionals" behave with their power and gear and maybe...ah **** nevermind

 

[printcraft]

I want to see any video the one employee may have gotten on his phone before he was threatened with being tazed

He was in cuffs as well on the video outside. Obstructing?

 

[smokingman]

I also hate the extortion by the prosecutor in the case.He was allowed to plead guilty,but was free to go after a $500 dollar "donation" to the IMPD cloth a child fund.

So we can now trade jail time or criminal punishment for extortion as long as it goes to a pet charity.

 

[45calibre]

 

[2ADMNLOVER]

So we can now trade jail time or criminal punishment for extortion as long as it goes to a pet charity.

Not really a betting man but I'd bet that " we " can't .

 

[the1kidd03]

Come on guys. Read the story.


"in town for a convention" - I know what happens at these conventions.

"dinner downtown" - What else do they serve downtown besides food?

"replied that he did not have to, while sticking his finger in my face." - His hands were NOT behind his back the whole time.

As for the "throw down" outside? Watch it again without bias.

I watched it again for clarification. He obviously had ONE hand in front of him gesturing in such a fashion that he was giving some sort of explanation. It did appear that immediately before putting his hand back behind his back he may have pointed in the direction of the officer. However, several seconds (at least 2) passed after his hand returned to his back before the officer pounced.

Regardless, where in the IC does it state it's illegal to point a finger at an officer?

Though, I'm not all that familiar with the rules regarding "following lawful orders of police." Perhaps someone can elaborate on this for me, but to me this just seems like a means of giving too much individual power to be scapegoated.

 

[foszoe]

The advice I read on here is to say as little as possible until proven "guilty". I think the chief was entirely correct to say "force was used". Let the investigation take its course THEN draw a conclusion on "excessive".

 

[the1kidd03]

The advice I read on here is to say as little as possible until proven "guilty". I think the chief was entirely correct to say "force was used". Let the investigation take its course THEN draw a conclusion on "excessive".

Under what circumstances could the displayed level of force NOT be considered excessive? The way I see it, he posed no threat to the officer which is the only thing that would warrant such an aggressive arrest. Unless you feel "threatened" by someone not jumping to your commands and the sight of their finger....

 

[foszoe]

Saying "Force is used" is not the same as saying "Excessive force was NOT used" .

Think like a lawyer

 

[Birds Away]

In the second part of the video you can see his coworker being led away in cuffs as well. All he did was try to take a video. Is that illegal in Indiana now? Methinks not.

 

[Trigger Time]

All i know is that if i ever have the need to film the police im uploading it instantly to the internet for safe keeping. No way it can accidently be deleted.

 

[the1kidd03]

Saying "Force is used" is not the same as saying "Excessive force was NOT used" .

Think like a lawyer

I understand that, but what exactly warranted "force" to any degree?

He may have been flustered about the situation. It is understandably so. That however is not an indication to justify use of force. In my mind, we as a citizen are required by authorities to justify use of force and LEO should not be held to a different standard.

Had the officer turned the guy around in a reasonable fashion to place him under arrest, and he attempted to resist, THEN I could agree and understand with the officers actions. However, up until the point the officer pounced I don't see anything which would indicate to me the officer had a justification for immediately using force of any level. Of course, I wasn't there and am solely speculating on the video but again, there was nothing threatening going on.

 

[the1kidd03]

In the second part of the video you can see his coworker being led away in cuffs as well. All he did was try to take a video. Is that illegal in Indiana now? Methinks not.

Methinks they have a pretty good case on their hands......

 

[IndyDave1776]

The advice I read on here is to say as little as possible until proven "guilty". I think the chief was entirely correct to say "force was used". Let the investigation take its course THEN draw a conclusion on "excessive".

I will maintain my position that he would have done much better to have made a short review of due process rather than say something that makes him sound like he was born with his brain up his rear and s**t it out.

 

[Rookie]

Contempt of cop is dangerous.

 

[Dead Duck]

I watched it again for clarification. He obviously had ONE hand in front of him gesturing in such a fashion that he was giving some sort of explanation. It did appear that immediately before putting his hand back behind his back he may have pointed in the direction of the officer. However, several seconds (at least 2) passed after his hand returned to his back before the officer pounced.

Regardless, where in the IC does it state it's illegal to point a finger at an officer?

Though, I'm not all that familiar with the rules regarding "following lawful orders of police." Perhaps someone can elaborate on this for me, but to me this just seems like a means of giving too much individual power to be scapegoated.

IC 35-42-2
Chapter 2. Battery and Related Offenses

IC 35-42-2-0.1
Repealed
(Repealed by P.L.63-2012, SEC.47.)

IC 35-42-2-1 Version a
Battery
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 1. (a) A person who knowingly or intentionally touches another person in a happy, innocent, or girly manner commits battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer by extending finger and/or fingers at or in the direction of the law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
(C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
(E) it is committed against an INGO community policing volunteer; aka-MOD:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is a community policing volunteer; or
(F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the general population;
(B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
(E) an endangered Fenway(as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
(G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
(I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
(L) a community policing volunteer:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is an INGO community policing volunteer;
(M) a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
(N) a department of child services employee while the employee is engaged in the execution of the employee's official duty;
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangered Fenway(as defined in IC 12-10-3-2); and
(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;

---

(C) community corrections worker; or
(D) home detention officer.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83, SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1; P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10; P.L.59-1995, SEC.2; P.L.31-1996, SEC.20; P.L.32-1996, SEC.20; P.L.255-1996, SEC.25; P.L.212-1997, SEC.1; P.L.37-1997, SEC.2; P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1; P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3; P.L.2-2005, SEC.125; P.L.99-2007, SEC.209; P.L.164-2007, SEC.1; P.L.120-2008, SEC.93; P.L.131-2009, SEC.73; P.L.114-2012, SEC.137.

 

[armedindy]

make everything illegal and everyone becomes a subject

 

[the1kidd03]

WOW! Thanks for that.

What shreds of confidence I had left in our legal system is gone......

No such thing as freedom in a society that institutes laws based on emotional interpretation.

IC 35-42-2
Chapter 2. Battery and Related Offenses

IC 35-42-2-0.1
Repealed
(Repealed by P.L.63-2012, SEC.47.)

IC 35-42-2-1 Version a
Battery
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 1. (a) A person who knowingly or intentionally touches another person in a happy, innocent, or girly manner commits battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer by extending finger and/or fingers at or in the direction of the law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer's official duty;
(C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
(E) it is committed against an INGO community policing volunteer; aka-MOD:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is a community policing volunteer; or
(F) it is committed against the state chemist or the state chemist's agent while the state chemist or the state chemist's agent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the general population;
(B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
(E) an endangered Fenway(as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the employee is engaged in the execution of the employee's official duty;
(G) an employee of a school corporation while the employee is engaged in the execution of the employee's official duty;
(H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional's official duty;
(I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider's official duty;
(J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee's official duty;
(K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter's official duty;
(L) a community policing volunteer:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is an INGO community policing volunteer;
(M) a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
(N) a department of child services employee while the employee is engaged in the execution of the employee's official duty;
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangered Fenway(as defined in IC 12-10-3-2); and
(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
(b) For purposes of this section:
(1) "law enforcement officer" includes an alcoholic beverage enforcement officer; and
(2) "correctional professional" means a:
(A) probation officer;
(B) parole officer;

---

(C) community corrections worker; or
(D) home detention officer.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.30; Acts 1979, P.L.298, SEC.1; Acts 1979, P.L.83, SEC.10; Acts 1981, P.L.299, SEC.1; P.L.185-1984, SEC.1; P.L.205-1986, SEC.1; P.L.322-1987, SEC.1; P.L.164-1993, SEC.10; P.L.59-1995, SEC.2; P.L.31-1996, SEC.20; P.L.32-1996, SEC.20; P.L.255-1996, SEC.25; P.L.212-1997, SEC.1; P.L.37-1997, SEC.2; P.L.56-1999, SEC.1; P.L.188-1999, SEC.5; P.L.43-2000, SEC.1; P.L.222-2001, SEC.4; P.L.175-2003, SEC.2; P.L.281-2003, SEC.3; P.L.2-2005, SEC.125; P.L.99-2007, SEC.209; P.L.164-2007, SEC.1; P.L.120-2008, SEC.93; P.L.131-2009, SEC.73; P.L.114-2012, SEC.137.

 

[Rookie]

I see what you did there!

 

[Rob377]

I see what you did there!

shhhh! Don't spoil the surprise.