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Sunday, September 07, 2014

A Letter To The Editor 9-5-14 Another View Of The SU Incident

This has become a lynch mob. I have watched the videos provided and based only upon what you can see and hear, you can only draw one conclusion. I'll go into that later. Lets break it down one piece at a time.

The first video - no sound. a large crowd is moving along. Just because they are moving along doesn't mean they are complying with the law. They could be yelling and screaming profanities. That's called Distrubance of the Public Peace. We can't tell. There is no audio. What I can tell you is what I see. I see the officer run by half of the crowd and grab one student by the arm. Based on allegations made here in comments, this officer may have problems with college students - but we have seen no evidence of that. What we do see is that if that were the case, he could have grabbed any one of the students he came into contact with first. But he didn't. He went around several and took custody of one. That leads me to believe that the one taken into custody had broken the law. OK.....there is absolutely no evidence to conclude that the student did absolutely nothing wrong....so let's go on to the next issue in that same video. The officer has hold of the student by the arm....but the student doesn't have the appearance of one who is complying. He is facing the officer and backing away. An officer in this instance would be ordering the subject to turn around and put his hands behind his back to facilitate handcuffing. THAT's the proceedure and there is nothing to indicate that this isn't whats going on here. There is video footage showing the student backing away from the officer while facing him. That is not compliance and THAT would would be the action which would trigger the officers next action - take the suspect to the ground. Now - on to the second video. With sound this time. One officer is handcuffing the suspect while another officer is trying to assist but has to deal with another distraction - a crowd expressing anger toward the officers. You can hear one individual above the other. "He wasn't doing anythin wrong!!!" Loudly and angrily - over and over again. The officer is yelling......"Back off!!" This is a very, very dangerous situation. The fact is that one person with the intent to harm another can cover 21 feet before the intended target can even defend themselves against the attack. That's a fact. Google it.These officers are in a bad position at best. They know it. If that crowd became assaultive to those officers, the officers wouldn't stand a chance. They know that as well. Most people would run from a situation in which they face an angry, yelling crowd. But these officers can't. They are duty bound to stand their ground and finish doing what they started - keeping the peace. Inside, their instincts are to do what they must to keep themselves from harm....and they can't run - like many here making hateful comments under "Anonymous". These officers warn these individuals many times to back off yet they continue to yell - until other officers arrive and the odds change. I've been here many times. As other officers arrive, some of the less intoxicated members of the crowd realize that it is in their best interest to leave - others opt to stay and do what, in their mind, is the minimum in compliance to prevent their arrest. Yet they continue to yell and become disorderly. The officers have seconds to make decisions that we can debate on this blog - and we have - for minutes, and hours, and days. These decisions will affect the course of events that follow. Will someone be arrested? Sprayed? Shot? Not just members of the crowd.....the officers as well. The dynamics of human combat are unpredictable. Each decision made has consequences that are estimated by the officers to have the best outcome for all involved. EVERYONE. The officers made the decision to arrest a number of others who continued to yell. This was done to get them out of the equation so that they couldn't continue to enflame the situation any further. It worked very well. All but those arrested went home. Based upon the available audio and video, the officers did their job and did it well.

Now we have another issue. The court of public opinion. This isn't a first amendment issue. We all have a right to our opinion. But now, because of the coverage of Sbynews, these officers will likely be thrown under the bus by politicians who feel as though they must make an example of them to appease those on the front door of town hall with pitchforks and torches acting in a manner consistent with angry mobs of centuries ago demanding that those suspected of witchcraft be burned at the stake. AND if it were to go to trial, an untained jury pool would be unobtainable locally. I'm not faulting Sbynews in any manner. The good things accomlished by this blog have been immeasurable. I'm saying that the times in which we live are rapidly changing into dangerous times indeed. The comments made here have an incredible impact and with such a powerful media and with the unaccountability of anonymous comments, it's likely that these officers will be thrown under the bus, their careers ruined, and their lives changed forever. Other officers on the job and totally uninvolved with this will be even less likely to risk their own safety for the citizens they serve because to do so would likely lead them to a similar fate.....or worse. Maybe they will second guess their own reactions to a deadly situation and they will be killed or seriously injured because they don't want to be fired, sued, or jailed due to some public outcry from a populace uneducated in the law and inexperienced in making split second decisions that can cost them their lives. But Whatever. These people will soon get the type of law enforcement they deserve.

55 comments:

Anonymous said...

Salisbury cops suck. They worry about college kids and nothing else. One cop has his job still after bring found guilty of a b&e.

Anonymous said...

That's BS! Provide proof show us the case on judiciary case search

Anonymous said...

What cop has been found guilty of b&e???? Proof? Probably not...

Anonymous said...

Cops pick on college students because there the ones doing wrong, being stupid and pushing the envelope.

Anonymous said...

Great comment.

Anonymous said...

This letter is the correct analysis. The lawsuit was filed, not to correct a wrong, but to try to blow smoke and get some leniency on the charges that the delinquents face; it is frivolous by any measure.

Anonymous said...

Nice commentary but way over thinking the situation! It was not a riot it was a bunch of college kids not the Bloods! The world is no more deadlier today than it ever was! That is a talking point cops love to use to allow them to spray, shock and beat people who don't march to their every command! If I have not done anything can a Policeman tell me to get on the ground bend my arms backwards and cuff me until he decides if I am lying? The Military style justice that the Police have decided to follow doesn't always work! Can people not walk in Salisbury in big groups without being called a MOB! The Monkey Barrel is a different situation just take their Liquor Lic! Put out the fire and lean on the University! We all no money does the talking in most of our lives!

Anonymous said...

Finally someone with common sense has posted an intelligent comment. Thank you 11:33 am

Anonymous said...

Lets be honest, the majority of commenters either hate the cops or hate the University, were not going to find a lot of level heads here.

Anonymous said...

I'm with you 100 percent. my experience with all college students in this town, is they own it and do what the heck they want. bust them all. bunch of animals is all they are.

Anonymous said...

This reads as though it was written by a policeman, present or retired, even if 'they' were how would the officer be able to tell out of that large agroup exactly who was shouting? Secondly why wait till they are about to enter the tunnel and while they were moving along the parking lot or street?Besides that, disturbing the public peace is a common charge when they have nothing to really charge you with along with failure to obey a lawful order. I have yet had anyone explain to me what is lawful and what is not a lawful order that and what is a proper amount of time to comply with such order. If I am told to move along just how fast am I expected to move before I am snatched up for not moving fast enough? All of these are subjective issues!

Anonymous said...

Unfortunately our local police don't make much money. The average starting salary is the same as a mcdonalds assistant manager. I believe they should focus on more important crime (drugs,gangs,robbery). They knew the pay when they signed up, but I understand why they choose to focus on non violent college kids as opposed to more dangerous crime. 30k isn't worth taking a bulliet

Anonymous said...

Roid Rage. Have this officer drug tested. Many of us at the gym have seen him bulk up way too fast. Test him now Duncan.

Anonymous said...

11:35 is correct. That officer is still employed because of his family ties. B&E happened in Delaware many years ago but administration knew it.

Anonymous said...

The issue here is poor judgement on the part of the Police.

Even if the person who the cop ran over and grabbed was making a disturbance the cop should have weighed the pros and cons of just letting him go on his way or making a scene and inciting the drunkin crowd.

Just think about this for a second...

Assuming this guy was yelling and and being disorderly compare that to the chaos that occurred the moment the officer arrested him.

It went from one potential person being loud but moving away as asked to a bunch of cop cars showing up and a huge amount of police resources to detain this "loud mouth" student.

Is one loud mouth but compliant student worth diverting all that law enforcement off of patrol in the city to that area and potentially causing an explosive situation with a potentially drunk crowd ?

Bottom line is the police escalated this situation. As long as this crowd was moving along then no harm was done aside from a police officer's ego getting bruised.

It's their job to deescalate a situation and bring peace. Their actions is what brought this to a whole different level.

As long as there wasn't any sort of physical threat the police should not have taken action.

Remember the saying...."Sticks and Stone will break my bones but words can never hurt me."

Oh and lets not forget that since we can't hear what the offending student said or did we have to assume he is innocent.



Anonymous said...

Spot on assessment, do not mind the arm chair quarterbacks that do not know or understand these situations or the law. When I was in the military we called them outhouse (close but not quite what we really called them) lawyers.

Anonymous said...

They respond to calls and handle them as they come up. They can't pick and choose what they do. Again, another person speaking from ignorance.

Anonymous said...

The students have a responsibility to obey the law. Officers have a responsibility to enforce it. The students created the situation. My..... You sound like Obama. We see how this type of thinking worked for him. Don't do anything...... Until the problem is so large that nothing short of a full blown war will stop them. Should we wait until drunken students destroy the entire surrounding area.....oops....too late. Now you can deal with what you and people like you have created.

Anonymous said...

I thought the argument was the police report does not match up to what happens in the video? Until we see those details these videos don't mean much imo.

Anonymous said...

I recall an incident in Salisbury when a drunken college student went into an addition being build on the back of an occupied house and was pissing in the corner at 3:00 in the morning. Right on Pennsylvania ave. when confronted by the owner the student became belligerent and argumentative. But fled before police arrived. Should we just tolerate this type of behavior without calling police? How about when these "harmless groups of spirited college students wake me at 2:30 am when I have to get up at 6:00 am to go to work? Should I tolerate that too? Should the police ignore the illegal behavior of college students just because they are college students? I think not! When I call the police over and over for the same type of problem I want those students held accountable!

Anonymous said...

"... Distrubance(sic) of the Public Peace."
Notice the operative word PUBLIC. The police are not the public. For it to be disturbance of the public peace someone from the public has to make a complaint. Did that happen, if so produce the complaint. Otherwise the whole argument from this commentator falls apart during the first paragraph and every part of his argument afterwards is based on a false premise and therefore worthless.

12:34 and 12:51 Good observations and comments.

Police Officers would be better served to go back and live up to the motto of "To Protect and Serve" instead of the post 9/11 hype of being heroes.

Anonymous said...

1:25....that response is laughable. Once you begin letting disorderly crowds go because they are crowds, you empower loud, disorderly crowds to become disorderly anytime they choose. Also......you seem to be willing to jump on the presumtion that the officer is guilty of making bad choices. Is he not entitled to the same presumtion of innocense? Were you there?

Anonymous said...

The last time I was pulled over - it was on Route 13 in Snow Hill:
COP: " Clocked you at 71 in a 55, sir. License, registration, and insurance card, please."
ME: "You over-empowered SOB... You KNOW that's a load of crap! What, you didn't make your goddam quota this month?"
(Actually that's not quite what I said. That's what I was thinking.)
WHAT I REALLY SAID: "I had no idea I was going that fast. Here's all my info, officer."
I got a warning - not a ticket.

You don't tug on Superman's cape; you don't piss into the wind, you don't pull the mask off the old Lone Ranger. You just be polite and comply.

Anonymous said...

Spot on commentary. Finally someone gets it.

lmclain said...

If the police, not only in this area, but across the nation, didn't have the public perception of escalating every possible situation into a gang beating or worse, this issue wouldn't even make the third page of a newspaper.
With their "WE ARE THE POLICE!!" macho, thin-skinned, take no crap, short guy syndrome behavior, they have brought this intense scrutiny upon themselves. They have turned too many traffic stops into full scale beatings, searches, arrest, and yes, murder. Too many innocent and unarmed citizens have been murdered (yeah that's the right word), and too many unarmed women and kids have been body slammed face first into pavement, concrete, and vehicles. Being a cop is a tough job, but it IS a volunteer job. If you have a short fuse, low self esteem, or are too stupid to know citizens have rights that YOU don't get to define, then maybe you have the wrong job.
What about all the other complaints this cop has had? ALL dismissed as "grudge complaints"...??
How many times does a cop have to be accused of aggressive & violent behavior before SOMEONE in the police department says "where there is smoke, there is fire", lets look at this guy"....?
I'm calling BS (in a big way) on this self serving letter written by a cop.
You don't have to act like college kids (white kids in shorts, for God's sake) are getting ready to pull out Uzi's and machetes on you and you don't have to beat and arrest everyone who calls you a mean name or says something you don't like. "We, the people" have a CONSTITUTIONAL right (there's a couple of new words for a cop's vocabulary) to yell at the police, call them names, and be disrespectful. "Disturbing the peace' and "hindering a police officer" and "failing to follow directions of a police officer" are so broadly defined ( I watched a kid get arrested in Ocean City for yelling at the police from the top of the inlet Ferris Wheel for Obstructing Justice (what? confined in a gondola 150 feet in the air??) that cops use them for the slightest provocation. Quit beating and killing kids over nothing but your hurt feelings. Act like self control was part of your training. Re-learn your place and your job, which is NOT proving that 5 men with guns and bulletproof vests can do whatever they want because "WE ARE THE POLICE!!".
Oh yeah, man up on that "I am afraid of EVERYTHING" crap that you Gestapo thugs use to justify your thuggish, Nazi behavior.
Notice I don't use "anonymous", too.

Anonymous said...

I wish all you cops would go back to work writing seat belt tickets and pepper spraying any and everyone who doesn't jump when you exit your car in your military duds and Batman utility belt!

Anonymous said...

To those complaining about collage kids gathering in groups. If I'm not mistaken are we not aloud as Americans under the constitution to gather in public places? To those complaining the students where shouting and cursing at officers . guess what that's covered too. Its called freedom of speech . now following the lawful order as the police ordering people to move away. The Courts have addressed this before in a similar situation and I can tell ya this much. The judge found as long as the party involved was moving in the direction he was being ordered to move by police in a timely fashion the police had no right to arrest the man. One such account can be seen on YouTube with video of the indecent and video of what happened in court. Needless to say the man walked free from court. I'm not sure if he filed suit or not.

Now I'm not here to defend anyone but I find it kind of strange if these fine police officers where just doing the job correctly why where they screaming for people to turn there cameras off? Why is it police never want to be filmed ? Why is it that SPD and other local departments don't want to embrace personal cameras to be worn by officers ? I can tell ya why good ole boys looking out for good ole boys. Besides it wouldn't look good having video evidence of good ole bubba doing something he wasn't supposed to now would it?

Anonymous said...

.and they can't run - like many here making hateful comments under "Anonymous"

and what is YOUR name?

Anonymous said...

2:59 You must have read my mind! That is exactly the WE THE PEOPLE FEEL! Tell a Maryland State Trooper that you think he sucks at what he does and is only a fee collector and see what you get! Hell They murdered a guy in Princess Anne because he smelled like Pot! Yes he was an idiot but shoot him really! Then out come the talking points that he tried to use a car as a weapon!

Anonymous said...

Imclain.....short fuse and low self-esteem.....sounds like you're describing yourself. it is a small vocal minority that believe that police escalate every posible situation. people like you who are without doubt criminals. previous arrest records. Like you!! The law reads "Failure to obey the lawful order of a uniformed police officer fairly made to PREVENT a disturbance of the public peace. Yelling profanities in a public area where a passerby could become offended is not protected speech under the 4th amendment. Your rights end where those of others begin. Call BS if you want on the letter. I believe the person knows what they are talking about. You are the BS here. You and those like you. Law abiding citizens appreciate what cops do. Go and join ISIS and you can be a part of that disease.

Anonymous said...

Princess Anne 3:48? Really?? It's been said that sometimes its better to keep your mouth (or keyboard in this case) shut and be thought a fool than to open your mouth and remove all doubt. You're doing a fine job!

Anonymous said...

3:39.....and what is your name? Same as yours anonymous.

Anonymous said...

2:08 you stated this (Is he not entitled to the same presumtion of innocense?) Yes he is ,but let me ask you something here? When you or me break a law or are simply accused of breaking one are we not pushed in front of a judge to plead our innocence ? Well when it comes to police breaking the law they only have to answer to another officer and said officer makes the call to file charges or not . Nice little system they have huh? So tell me how is this officer supposed to claim his innocence if such cases never reach our courts because bubba was looking out for one of the good ole boys? Police policing police does not work plain and simple. Why the hell should I be worried about some cops constitutional rights when in the eyes of the law he's not held accountable like Joe shmo on the street is? Cameras where present this time the officer has been accused why have no charges been filed? If it was me or you that tackled this guy charges would be filed and we would be sitting in jail. This is why this system needs to change and police across the country are starting to worry . as they should.

Anonymous said...

SU has what? About 6 or 7 thousand students. The police must maintain order and the students must learn that. It's an adult learning thing. Study hard , be good , don't break the law.

Anonymous said...

Law abiding citizens appreciate what cops do. Go and join ISIS and you can be a part of that disease.

September 5, 2014 at 3:56 PM

You are delusional, as most of your kind are.

Anonymous said...

Anonymous Anonymous said...
3:39.....and what is your name? Same as yours anonymous.

September 5, 2014 at 4:07 PM

I am not the one complaining about people using anonymous, WHILE BEING ANONYMOUS THEMSELVES.

Do you get it now?

Anonymous said...

"...complaining about collage kids..."?
No doubt an art school.

Anonymous said...

Anonymous Anonymous said...
"...complaining about collage kids..."?
No doubt an art school.

September 5, 2014 at 4:45 PM

lol good one

Anonymous said...

If I'm not mistaken are we not aloud as Americans ...

Must be loud art students at that lol

Anonymous said...

Anonymous Anonymous said...
Law abiding citizens appreciate what cops do. Go and join ISIS and you can be a part of that disease.

September 5, 2014 at 3:56 PM

You are delusional, as most of your kind are.

September 5, 2014 at 4:34 PM

Sorry, that was rude of me. Let me rephrase.

Most PEOPLE appreciate what LAW ABIDING POLICE do for them.

Wearing a badge does not grant extra rights nor does it guarantee one always follows the law, or even their own policies.

Are the police in this country that aloof and tone deaf to what is going on in this country every single day?

50,000 and more swat raids every year, for serving warrants and drug arrests.

Countless pets being shot and killed by police, because they 'feared for their safety'. Lemme tell you wimps something. When we were kids one of our neighbors had some goats in a fenced in pasture. Out of boredom, and just to see if we could do it, we would scale the fence on one side and see if we could run to the other without getting butted. We didn't shoot the goats because we feared for out safety. We put ourselves in that situation and would have taken whatever came our way without whining.

Even though we may have been trespassing, no cops were ever called. No damage was done, nobody was shot.

If some teenage kids can get away from a goat, why can't a grown man get away from a dog? Without shooting it I mean.

You put yourselves in that situation just as we did. You knew the risks just as we did. Yet, teenage kids got away safely without any weapons other than our fast feet and wits. We knew it was the goats domain that we invaded and knew what his reaction would be.

We did it for fun. Wait. Maybe you guys do too?

USTASC said...

After analyzing the statement of probable cause, each video, and the charges it does not appear the police used excessive force when affecting the arrest. Moreover, it appears that probable cause was established for the arrest. The statement of probable cause is well written, concise, and in all honesty a textbook example of how a police report should be written for a disorderly conduct or hindering/obstructing charge.

It also does not appear that the police used profanity or were otherwise obviously discourteous to the persons on scene. In a potentially dangerous situation police officers are required to shout verbal commands in order to gain control of an otherwise out of control situation and arrest law breakers.

The comparison of the police to gestapo is disgraceful. The gestapo were hitler's henchmen who killed, tortured, maimed, looted,buried alive, skinned alive, gassed, robbed, and otherwise committed mass genocide of over 10 million people.

In a civilized society, you must have police control. Every advanced society, including the Romans, had policing to some degree. The Code of Hammurabi [1795-1750 BC] established the first recorded laws. A society without laws and law enforcement is anarchy. For those who think anarchy is preferable, move to Somalia and see how it goes. Anarchy occurs when there is a total lack of law enforcement and people get killed, raped, murdered, extorted, and robbed.

On the surface, given the statement of PC and the video it does appear the police officer had probable cause for the arrest, used proper force to conduct the arrest, and performed his job well in a tense situation.

Disorderly conduct is a criminal offense under Maryland criminal code. The inference that the police only "harass" college kids is inaccurate. The Salisbury City Police must contend with armed suspects, robberies, homicides, stabbings, rapes, and disorderly persons, among other crimes. One minute they may be on a disorderly call, the next they are responding to a person shot to death with a suspect running loose.

Mind that the police do not create the laws. Statutory laws were created by the legislature, representative of the people for the executive branch (the police) to enforce. Absent of such laws, police would not enforce them.

Evan Avnet
Tactical American Security Consulting, LLC.

Anonymous said...

SPD loves university students, they don't shoot back and when they are around they have an excuse to ignore the drug dealers and gangs

Anonymous said...

"Statutory laws were created by the legislature, ..."

Sometimes at the behest of those same police forces.

USTASC said...

806 This is true however the disorderly statute was originally a common law offense hearkened back to the early 1900s.

Anonymous said...

Thank you to the officers, the author and the people who followed direction and moved along.

Anonymous said...

Evan my dear,

I'm sorry to tell you but the officer is absolutely commanding, "back the f up" and it's fine with me. I could careless about any of this.

I had a wise Sheriffs Deputy once tell me if I have trouble just do what they say at the time and then file a complain or lawsuit. But don't run my mouth or become hostile,as he reminded me daily I was nuts, that they would taser and probably have to knock me out it I did.

All police are not "the enemy". This one particular deputy I'm speaking of kept my head straight and advised me on just random life stuff several times and I thank him for always being such a great friend:)

USTASC said...

Eh, even so... sometimes more forceful language is needed to get your point across as a law enforcement officer. I'm not condoning police cursing at civilians as a standard operating procedure. But, sometimes it happens in tense situations or when police must get their point across more succinctly in a dangerous environment.

Out of context but, if someone broke in your house and you were armed it would get your point across much more succinctly to yell "get the #! $# on the ground or get the /^! $ out of my house" rather than to say "excuse me, would you please remove yourself from my domicile?" . In tense situations, sometimes more colorful language happens. Although it may not be the most professional, it can save an officers life to be more direct than polite at times.

Evan Avnet, CEO
Tactical American Security Consulting, LLC

Anonymous said...

I had a cop cuss at me a couple times. It's been a while and I still can't seem to get over it. Messed my whole head up. lol

Anonymous said...

To the author of this well written commentary, thank you.
It is refreshing to see that intelligent people are contributing to the dialogue.

Anonymous said...

Evan Avnet, you are a breath of fresh air on SBYNews. You appear to be knowledgeable, write in detail, and give reasons, explaining how you came to your conclusion. Your comments are that of a professional.

Often comments expressed on here are no more than uneducated, rantings by people proclaiming to be in the know, and often made for the sole purpose of vilifying policemen and firemen and officials. These crude remarks scream out to me "that sleazeball hasn't a clue".

Thanks Joe for bring Mr Avbet on board. Hope to read more of his comments soon.

USTASC said...

Thank you, however I am not connected with this blog site or any other blog site for better or for worse. Just offering up my opinion, like everyone else. I just feel it appropriate to sign my name to comments. I think in a free society we should be able to share our opinions without fear of reprisals. I however understand it's difficult to do with police officer because they can face administrative punishment. Not to take anything away from blogs, but I typically don't comment or honestly read blogs that much however these articles caught my eye so I figured I'd offer my two cents worth, which is probably worth less then the label implies.

Evan Avnet
Tactical American Security Consulting, LLC.

Anonymous said...

Makes absolutely no sense

Anonymous said...

Until something happens at your house or family and you're begging for help

Anonymous said...

Same as yours

Anonymous said...

stay at gander mt. and dress like dorks lol