Police officers, because of the nature of their business are creatures of habit, and their routines are sometimes quite obvious. Here’s how to tell if the person you’re currently spending time with is, or once was, a cop.

1. Your new love interest takes you to the most exclusive restaurant in town, and when the host leads the two of you to a nice table in the center of the room your date declines and requests the minuscule table beside the wall next to the kitchen doors. It’s a horrible out-of-the-way table where the rumps of servers constantly bump and thump against the seat backs of diners’ chairs as they hustle to and from the kitchen. Yet, your dinner companion seems extremely pleased at the opportunity to sit facing the front of the room and other exits and entrances, with their back planted firmly against the greasy wall as their eyes constantly dart back and forth and up and down, scanning the room and other diners for who knows what.

2. You’re in a bar and you catch your date eyeing every female who passes, paying especially close attention to the areas around two specific areas of their bodies—torso and ankles. What a creep, right? Well, he knows no shame because he’s doing the same to other guys. Is your new man an over-sexed bisexual? Of course not. He’s a cop who’s merely looking for concealed weapons, and once he’s decided there are no immediate threats he’ll turn his attention to your arsenal of concealed attributes.

3. If you and your date arrive at the party and she stands to the side of the front entryway while simulataneously producing a huge Maglite from her purse, which she promptly uses to deliver a few loud, hard knocks to door, well, you might be dating a cop.

4. If the person you’re out with unbuckles their seatbelt 30 seconds before stopping the car, you might be dating a cop.

5. During the end-of-evening embrace you feel the slight touch of your date’s hands at the mid point between your shoulder blades. Odd, but no real problem, right? Then you notice the touch moving downward, slowly tracing the length of your spine, stopping at your waist. Still no problem. Kind of sexy, actually. And you were definitely surprised when you felt the hand gently and slowly slide into that area where your legs meet. After all, you’ve been dating for a while now and the next level has been on your mind. However, when she slipped on a pair of latex gloves and then squatted down to cup both hands around first one leg and then other, running those hands down each leg … Yeah, you’re dating a cop.

6. If your date rides with the car window down, even when it’s 20 degrees outside, and reads aloud the license plates of passing cars—“Whiskey, Tango, Foxtrot, Seven, Four Eight.” Yep, you’re definitely dating a cop.

7. Your new guy intimidates people. For example, he often takes shortcuts through the most dangerous sections of town. While passing through at 5 mph you notice that as soon as your beau makes eye contact with two very shady characters hanging out on the sidewalk (and your sweetie definitely makes a point to make eye contact) they each look down, or away, before backing into the darkness of door frames and alleyways. Yes, you’re dating a cop.

8. When meeting your friends and family, your date stands a bit sideways with his dominant hand positioned at his waist, near his pocket (you later learn that the dominant hand is the gun hand). Fortunately, there’s no shootout, but your friends avoid the two of you for the rest of the night, and quite possibly for as long as you’re with this kooky badge-wearer.

9. Your parents, after meeting your special friend for the first time, say, “Please come back to see us.” If the response of your lover is, “10-4,” you might be dating a cop.

10. If your new girlfriend addresses all of her close friends by their last names names—Smith, Jenkins, Williams, etc.—, you might be dating a cop. “Smith, come over here and meet my new boyfriend, Jones.”

Bonus:

If you show up unannounced at the home of your new boyfriend and find him mowing the lawn while wearing shorts, a gun on his side, and a bulletproof vest beneath a crisp new police academy t-shirt, well, you’re dating a rookie.

You know, the best part of dating a fledgling cop is that you can order him to do things—an unlimited number of push ups, shine shoes, clean something, run as far as you tell him to, etc., and he will.

Bonus #2:

If you find loose bullets in the bottom of her kitchen “junk drawer,” you might be dating a cop.

Bonus #3:

If your annual family vacation is a whirlwind tour of the Cleveland Police Museum, Seattle Metropolitan Police Museum, New York City Police Museum, and the Los Angeles Police Museum, well, take some comfort in knowing that mandatory retirement of police officers is usually somewhere around the age 55. Only thirty years to go. Thirty looooong years.

Bonus #4:

If the hair you find on your significant other’s clothes belongs to a bloodhound and not the hunky guy at the gym, well …

FBI_agent_with_police_dog


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Graveyard shift—those eight long and often mind-numbing hours between midnight and the time your relief signs on to take over your beat. It’s boring. It’s exciting. It’s sleep-depriving. And it’s getting dressed while everyone else in your household is undressing, putting on pajamas, and crawling between the sheets for a good night’s rest in a set and toasty-warm bed.

Speaking of getting dressed … there’s a daily ritual for cops—shower and shave, slip on underwear and t-shirt—rookies will quickly learn that it’s best to put on their socks at this point. You’ll see why in a moment. It’s also important to note that not all officers shave as part of the daily routine. Some simply don’t need to. For example, my wife, if she’d chosen to become a police officer instead of a scientist, would have the luxury of skipping this step.

Next comes the vest. You’ve left the upper Velcro straps in place to allow you to slip the entire contraption over your head like a 7lb sweater. So over the head it goes, followed by pulling the side straps taut and securing them in place. Of course, you never get it right the first time, so you riiiiipp the Velcro loose and do it again and again until the fit is just right.

The shirt is a process all to itself—pinning on the badge and other shiny do-dads in their appropriate places (sort of like decorating a polyester Christmas tree), and inserting a couple of ink pens in the sewn-in pen slot beside the breast pocket. After a quick check to be sure your name tag is not upside down, you slip on the pre-adorned shirt, pulling and twisting to make it lay properly over the vest.

Time for the pants. Out of necessity, you’ve placed them in a spot that doesn’t doesn’t require bending too far, because the vest has already limited your movements just a bit. Now, tuck the tails of the vest inside the waist band of the pants and thread a belt through the loops so your pants won’t fall down. Goodness knows, once you’re fully dressed it would require a huge effort to reach ALL the way to your ankles to pull your pants up again (now do you understand the socks issue?).

OLYMPUS DIGITAL CAMERA

Front and rear vest panels. The top two straps on the rear panel are often left attached to the front panel to allow slipping the entire vest over the head like a sweater, or t-shirt. The material at the bottom of each panel is tucked into the pants like a shirt tail. Obviously, the front panel (with the “U” shaped cutout) is for the “convenience” of male wearers during a trip to the restroom. Use your imaginations to determine the need for the opening in the material.

Shoes … They’re shiny and squeaky clean because that’s how you roll. Look sharp. Act sharp. Be sharp. One last, quick swipe with a cloth just in case a speck of dust has landed on the toes.

Next comes the duty belt/utility belt, with all its bells and whistles already in place. And yes, it’s heavy. Imagine strapping a bowling ball to your waist each day prior to heading off to work.

 

Securely connect the buckle hooks/clasps/snaps and then loop a few belt keepers around the duty belt and the belt holding up your pants. The last step is IMPORTANT. 

 

 

Belt Keepers

Without belt keepers, the thin straps made of leather or nylon with snap closures, the duty belt would easily and quickly fall down to your ankles, especially when running/chasing someone through a dark alley. Embarrassing, right?

Hamilton One 046

 

Hamilton One 094

Two belt keepers positioned between handcuff cases

Time to go to work, and by now everyone in the house is already asleep. So you tip-toe to the back door, with leather squeaking, keys jingling, and Velcro crackling all the way.

Outside, the neighborhood is pitch-dark, and still with the exceptions of a lone cricket chirping in the backyard and the owl who hooty-hoots at random times throughout the night.

The only lights on are a streetlamp at the corner and the sliver of yellow slicing through the narrow opening of the curtains at the front window in the house across the street, where you know the widow Jones is peeking outside. Tomorrow morning she’ll be there again so she can report to the rest of the neighborhood what time you went to work and what time you returned home. After all, they pay your salary and Mrs. Jones is not at all shy about reminding you of it, either.

Time to get into the car so you unlock the door, open it quietly, and then gently slide into the seat. I say gently, because if there’s even a tiny bit of love handle at your waist, that soft, floppy flesh will be severely pinched between the bottom edge of the Kevlar vest and the top edge of the duty belt somewhere near the pepper spray canister or your sidearm—a real eye-opening, tear-inducing way to start the shift.

You take care to gently close the door. Again, I say gently but this time it’s because  without fail, the sound of the door slamming shut causes the eruption of a cacophonous symphony of varying tones and pitches of yips, yaps, and howls from dozens of hyper-alert dogs, all from within a three block radius.

Thirty minutes later, at your first call of the night, you find yourself rolling around in the smelliest mud you’ve ever encountered, trying to handcuff two burglars who’d decided to lead you on a foot chase through the fairgrounds where, by the way, you realized the circus is in town and that what you’re rolling around in is not mud. Instead, it’s what elephants, horses, and other animals left behind while waiting for their time under the big top.

New Picture

And so it goes … night after night after night.

Look sharp. Act sharp. Be sharp.

Yeah, right …

 

The recent officer-involved shooting of Rayshard Brooks by Atlanta police officer Garrett Rolfe has ignited another flame in the fervent calls against police brutality and reform.

At the heart of the situation is the use of the well-known electric control device (ECD) known as TASER.

It was during the arrest of Mr. Brooks for DUI when he decided to escape custody by struggling with the two officers at the scene, Garrett Rolfe and Devin Brosnan. During Brooks’ violent attempt to flee, he and the two officers fell to the ground where the struggle continued. Brooks was able to overpower the officers and even punched one of the officers in the face.

Brosnan, who was the first officer to respond, attempted to use a TASER on Brooks in an attempt to gain control. This was a justifiable action by Bronson, to use a level of force that was necessary to overcome Brooks’ physical resistance to arrest. But Brooks gained control of Brosnan’s TASER, taking it from him before fleeing on foot.

How much force is reasonable?

Law enforcement officers should use only the amount of force necessary to gain control of an incident, to make an arrest, or protect themselves or others from injury. But they should always use the amount of force necessary to make the arrest. Nothing more and nothing less. In most cases, though, this amounts to nothing more than an officer asking or telling a subject to place their hands behind their back for handcuffing.

The levels of force police use include basic verbal commands, physical restraint which sometimes involve pain compliance techniques/tactics, TASERS, pepper spray, beanbag rounds, pepper spray, batons, etc. And lastly, lethal force when there’s threat of death or serious bodily harm to the officers or others.

Was the Rayshard Brooks incident similar to that of George Floyd?

The Brooks incident was wholly different than what occurred in the George Floyd case. We saw no resistance from Floyd during the time Chauvin and  other officers applied pressure to his body, slowly draining the life from Floyd as the world watched precious seconds tick by.

In the Atlanta case, Brooks absolutely physically resisted a lawful arrest, assaulted an officer, and then forcibly took/stole Bronson’s TASER, and fled. Then, during a brief foot pursuit Brooks turned slightly toward Officer Garrett Rolfe and pointed and fired the stolen TASER at the officer.

A Deadly Weapon?

There’s a debate about whether or not a TASER is a deadly weapon and, if not, was the officer justified in shooting Brooks. On the other hand, if a TASER is indeed a deadly weapon as some are saying, then obviously the use of deadly force against Brooks, or anyone, fits the criteria and is justified.

Earlier this month, Fulton County, Georgia  District Attorney Paul Howard charged six Atlanta police officers with using excessive force in pulling two college students out of a car during a protest. When announcing charges against some of the officers, Howard said a Taser is considered a deadly weapon under Georgia law. Here he is, on video, making the statement during a press conference earlier this month. He made the statement when announcing that he was charging police officers with using excessive force when using  a TASER while arresting college students during a protest.

However, in the Brooks case, just a few days after incident with the college students, DA Howard had apparently decided that a TASER is not a deadly weapon when it is forcibly stolen from a police officer and then deployed against another police officer. He charged Rolfe with felony murder.

By the way, to take something from someone by force or intimidation is considered robbery, a felony.

Either way, there’s a wrinkle in the case and that’s that Officer Rolfe shot Brooks in the back. But there are details that are extremely important. Such as …

The incident was caught on video and we clearly see Rolfe chasing behind Brooks. Each of the two men are clutching a TASER in their right hands. Keep in mind that this all occurred within mere seconds.

While fleeing from the officers, with the stolen TASER in his right hand, Brooks turned/twisted his upper body slightly to his right, looking back over his shoulder toward Rolfe. He aimed the TASER at Rolfe as a portion of his back is visible to Rolfe. His hips and legs still faced forward and he’s still running away from the officers.

Still running away from the officers, with Rolfe in somewhat close pursuit, Brooks fired the TASER at Rolfe. As the weapon was deployed it emitted a brilliant flash of light that’s quite similar to a muzzle flash of a handgun that can be clearly seen, especially so at night. It’s similar to a camera flash that hinders vision for a moment or two. It’s a quick burst of bright light.

 

After discharging the TASER Brooks continued his escape from custody.

 

At the time Brooks fired the TASER setting off the flash of bright light, Rolfe tossed his TASER and drew his service weapon. He then fired three rounds at Brooks.

Many say that shooting someone in the back is illegal. Well, it depends on the circumstances and, in a nutshell, it boils down to whether the officer reasonably believed at the point he pulled the trigger, that the use of deadly force was needed in order to prevent great bodily injury to himself or to others. Not a second before the trigger is pulled, but at that precise moment.

In that precise moment when an officer must make the “blink of an eye” decision as to whether or not someone’s life is in danger, including their own, if they should return fire, are there bystanders, is a dangerous criminal going to escape and go on to harm someone else, is the fleeing subject wanted for a serious offense (why else would they have assaulted two officers and then fled the scene), and, and, what-if, what-if. This, all within the blink of an eye.

Remember, a police officer’s quickest reaction time (based on a study of 46 trained officers), when they already know the threat is there, AND, with their finger already on the trigger, is 0.365 seconds. That’s certainly not enough time to take aim, yell a bunch of commands, check for passersby, look for accomplices, and, well, you get the idea.

To add to the zillion thoughts to process, this is what the officer sees and to what they must react. You tell me, is this fleeing person firing a handgun or a TASER? The flash from either could easily prevent any reasonable person from taking the distinction, especially during a highly stressful situation. It’s even more difficult to process when the incident occurs at night.

And, the image above clearly shows how and why sometimes fleeing criminals wind up with bullet wounds to the back.


For your information, and to help you better understand the charges brought against the former officers involved in the shooting death of Rayshard Brooks, here are a few applicable Georgia criminal code sections.

Actually, I’m not at all certain that Georgia law supports the charges.

Officer Rolfe was charged with felony murder for shooting Brooks. This is a crime where the deliberate intention to kill must be present. Or, if the person is actively involved in the commission of felony when a person is killed, such as when a bank robber accidentally fires a weapon inside the bank and the round strikes a teller and he dies. That’s felony murder. Plotting to kill someone and you do. That’s felony murder. Beating an elderly woman to death because she wouldn’t smile at you. That’s felony murder.

This case doesn’t meet those requirements. The DA may have slightly overcharged. Perhaps he should have waited until the investigation had concluded and perhaps he should have consulted with the state investigators before charging Rolfe and Bronson. That’s typically how it works.

In Georgia, felony murder is:

ARTICLE 1 – HOMICIDE
§ 16-5-1 – Murder; felony murder

O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.


Georgia Code Title 16. Crimes and Offenses § 16-10-33

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:

(1) The other person is lawfully acting within the course and scope of employment;  and

(2) The person has knowledge or reason to know that the other person is employed as:

(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2 ;


Georgia Code Title 16. Crimes and Offenses § 16-11-106

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) Any person who shall have on or within arm’s reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30 , any counterfeit substance as defined in Code Section 16-13-21 , or any noncontrolled substance as provided in Code Section 16-13-30.1 ; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 ,

and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.

(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5 .

(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.


Is a TASER deadly?

In 2019, Reuters reported documenting at least 1,081 U.S. deaths involving TASER use by police. These deaths occurred since police began routinely using the electronics control devices in the early 2000s.

In 2009, these people died as a result of TASER deployment by police. Many had underlying health conditions and/or drug use/abuse that contributed to their deaths.

1. Jan 9, 2009: Derrick Jones, 17

Martinsville, Virginia

Initial complaint – Police were called to Jones’ home because of a loud noise complaint from neighbors. Jones died in his home after being shot with a police Taser.

2. Jan 11, 2009: Rodolfo Lepe, 31

Bakersfield, California

Initial complaint – Family members called police because Rodolfo was exhibiting odd and bizarre behavior. Lepe died at the hospital after being shot with a police Taser.

3. Jan 22, 2009: Roger Redden, 52

Soddy Daisy, Tennessee

Initial complaint – unknown

4. Feb 2, 2009: Garrett Jones, 45

Stockton, California

Initial complaint – unknown

5. Feb 11, 2009: Richard Lua, 28

San Jose, California

Initial complaint – unknown

6. Feb 13, 2009: Rudolph Byrd, 37

Thomasville, Georgia

Initial complaint – Byrd had been in an auto accident and was disoriented. He was also bleeding from several lacerations. The responding police officer found cocaine at the scene and attempted to arrest Byrd, who then became combative. The officer deployed his Taser, attempting to stop the threat. Byrd stopped breathing and was pronounced dead at the hospital.

7. Feb 13, 2009: Michael Jones, 43

Iberia, Louisiana

Unknown

8. Feb 14, 2009: Chenard Kierre Winfield, 32

Los Angeles, California

Unknown

9. Feb 28, 2009: Robert Lee Welch, 40

Conroe, Texas

Unknown

10. Mar 22, 2009: Brett Elder, 15

Bay City, Michigan

Unknown

11. Mar 26, 2009: Marcus D. Moore, 40

Freeport, Illinois

Moore, a wanted fugitive, fought with police when they attempted to apprehend him. Officers deployed their Tasers to help effect the arrest and Moore soon began to complain of shortness of breath. He was pronounced dead upon arrival at the hospital.

12. Apr 1, 2009: John J. Meier Jr., 48

Tamarac, Florida

Unknown

13. Apr 6, 2009: Ricardo Varela, 41

Fresno, California

Unknown

14. Apr 10, 2009: Robert Mitchell, 16

Detroit, Michigan

Mitchell, who weighed 110 pounds and stood 5’2″ tall at the time of arrest, was in custody and undergoing a pat down search by police when a struggle began. The officer deployed his Taser and the boy died. Autopsy results revealed the boy had a heart condition that, when aggravated by the Taser blast, caused the death.

15. Apr 13, 2009: Craig Prescott, 38

Modesto, California

Prescott, a jail inmate, struggled with deputies who deployed Tasers. The coroner ruled that it was the physical exertion from the struggle that killed Prescott, not the Taser.

16. Apr 16, 2009: Gary A. Decker,

Tuscon, Arizona

Initial complaint – loud noise

17. Apr 18, 2009: Michael Jacobs Jr., 24

Fort Worth, Texas

Initial complaint – Parents called police to assist with controlling their mentally impaired son.

18. Apr 30, 2009: Kevin LaDay, 35

Lumberton, Texas

Initial complaint – DUI traffic stop. LaDay ran and was shot with a Taser.

19. May 4, 2009: Gilbert Tafoya, 53

Holbrook, Arizona

Unknown

20. May 17, 2009: Jamaal Valentine, 27

La Marque, Texas

Police found Valentine rolling in a ditch. They deployed their Tasers and the subject died. Autopsy revealed a controlled substance in Valentine’s system.

21. May 23, 2009: Gregory Rold, 37

Salem, Oregon

Initial complaint – trespassing.

22. Jun 9, 2009: Brian Cardall, 32

Hurricane, Utah

Cardell’s wife called 911 asking for help with her husband who was experiencing a psychotic episode. Cardell was being treated and medicated for his condition. Here’s the wife’s 911 call.

This is actual police audio from the scene. It begins with the officer saying, “I’m 23…” That’s short for 10-23, meaning he has arrived on the scene. Listen as he fires his Taser at the man who is clearly distraught. Then you’ll hear the officers begin to notice that the man is not breathing and has no pulse.

23. Jun 13, 2009: Dwight Madison, 48

Bel Air, Maryland

Initial complaint – Homeless man knocking on doors looking for a friend.

24. Jun 20, 2009 Derrek Kairney, 36

South Windsor, Connecticut

Unknown

25. Jun 30, 2009, Shawn Iinuma, 37

Fontana, California

Unknown

26. Jul 2, 2009, Rory McKenzie, 25

Bakersfield, California

Unknown

27. Jul 20, 2009, Charles Anthony Torrence, 35

Simi Valley, California

Unknown

28. Jul 30, 2009, Johnathan Michael Nelson, 27

Riverside County, California

Unknown

29. Aug 9, 2009, Terrace Clifton Smith, 52

Moreno Valley, California

Unknown

30. Aug 12, 2009, Ernest Ridlehuber, 53

Greenville, South Carolina

Initial complaint – Ridlehuber’s family reported him as a missing person.

31. Aug 14, 2009, Hakim Jackson, 31

Philadelphia, Pennsylvania

Unknown

32. Aug 18, 2009, Ronald Eugene Cobbs, 38

Greensboro, North Carolina

Scuffle with deputies inside the local jail.

33. Aug 20, 2009, Francisco Sesate, 36

Mesa, Arizona

Unknown

34. Aug 22, 2009, T.J. Nance, 37

Arizona City, Arizona

Unknown

35. Aug 26, 2009, Miguel Molina, 27

Los Angeles, California

Unknown

36. Aug 27, 2009, Manuel Dante Dent, 27

Modesto, California

Dent swallowed a bag of methamphetamine to prevent police officers from retrieving it as evidence. An officer then placed a Taser in direct contact with Dent’s skin and fired. Dent died hours later, but autopsy results indicated that the meth he’d ingested was the cause of death, not the Taser blast.

37. Sep 3, 2009, Shane Ledbetter, 38

Aurora, Colorado

38. Sep 16, 2009, Alton Warren Ham, 45

Modesto, California

Initial complaint – Home invasion/robbery. Ham became combative with jailers so they used a Taser to get him under control. He died immediately after being shot. Autopsy results indicated that Ham had an enlarged heart.

39. Sep 19, 2009, Yuceff W. Young II, 21

Brooklyn, Ohio

Unknown

40. Sep 21, 2009, Richard Battistata, 44

Laredo, Texas

Initial complaint – Burglary in progress. Battistata was confronted by police as a burglary suspect. The officer deployed her Taser and the suspect died on the scene. Autopsy results indicated that the suspect died as a result of a cocaine overdose.

41. Sep 28, 2009, Derrick Humbert, 38

Bradenton, Florida

Initial complaint – Officer stopped Humbert for riding a bicycle after dark without a headlight.

42. Oct 2, 2009, Rickey Massey, 38

Panama City, Florida

Initial complaint – Possession of cocaine

43. Oct 12, 2009, Christopher John Belknap, 36

Ukiah, California

Unknown

44. Oct 16, 2009, Frank Cleo Sutphin, 19

San Bernadino, California

Initial complaint – Fight call

45. Oct 27, 2009, Jeffrey Woodward, 33

Gallatin, Tennessee

Unknown

46. Nov 13, 2009, Herman George Knabe, 58

Corpus Christi, Texas

Initial complaint – Man riding a bicycle against the flow of traffic.

47. Nov 14, 2009, Darryl Bain, 43

Coram, New York

Initial Complaint – Bain’s brother called police asking for help because Bain was high on cocaine.

48. Nov 16, 2009, Matthew Bolick, 30

East Grand Rapids, Michigan

Initial complaint – Bolick’s father called police because he was concerned about his son’s odd behavior.


Again, the law is clear. If a police officer reasonably believes that someone is about to use deadly force on him,  the police officer is permitted to use deadly force to protect himself. We, the armchair quarterbacks, are not permitted make the determination of what was on the police officer’s mind at the moment the action took place. Besides, the determination is not based on what a reasonable civilian would do, but what a reasonable police officer would do.

“Shots fired!”

“I’m hit”

“He’s running.”

“I need backup.”

“In the alley behind Joe’s Pawn Shop.”

“He’s shooting again.”

Silence.

Then, “Man down! Send paramedics … NOW!”

And then it starts. The looky-loos come out of the woodwork with cellphones and cameras in hand. The cop-haters who’re looking for an excuse to lob a few rocks and bricks and circle around the officer who’s bleeding, and scared and upset, with a million zillion images bouncing around inside his skull. And the “what-ifs” ricochet among those images. It’s a devastating experience, realizing you’ve just shot someone.

The cop’s adrenaline is in crash mode and his emotions are speeding to places they’ve not been before. Time is in full herky-jerky mode, speeding up to catch up to realtime after its abrupt switch to slow motion when the action first fired-up its engines. Sound returns slowly after a bout of “tunnel hearing.”

“If I Only Had a Brain” ~ The Scarecrow, from The Wizard of Oz

Each of us, hopefully, has a functioning brain (there are exceptions for politicians) and it’s that mass that fills the space between our ears that controls everything we do. It’s also in charge of our emotions. More specifically, it’s the amygdala section of the brain that’s assigned charge of emotional responses. The amygdala typically works and plays well with the other parts of the brain, including the prefrontal cortex that, by the way, controls complex decision-making.

However, when the brain perceives danger, the typically smooth-running operation inside our skulls goes a bit wonky because the moment danger is detected a major dam located in the adrenal glands is breached. This sudden discord sends out adrenaline to flood our systems.

Adrenaline, the hormone that boosts  blood circulation, increases breathing rate and metabolism and causes our muscles to rise up and prepare for battle. Then all hell breaks lose.

The amygdala section of the brain decides it wants to be in charge and leads a successful coup against the prefrontal cortex, taking control of the making of decisions. Since the amygdala has not been properly schooled in decision-making skills, the results are kaleidoscopic and slightly out of whack responses to various situations. It distorts and narrows our visual and auditory senses to the point where we often focus our attentions on a single point, skipping over other often important things taking place around us.

Fellow author, friend, and police psychologist Ellen Kirshman summed up the experience as it relates to police officers as, and I don’t recall her exact words, but were something like, “Police officers are called upon to do the unnatural. They run toward danger, not away from it.”  I read her quote in an article a while back about the deputy in Florida who failed to act during the horrific school shooting that occurred there. She also said something similar to what I’ve said here on this blog time and time and time again … no one but the officer who’s at the scene at the precise moment the danger takes place knows exactly what happened. (Ellen, I apologize if I’ve misquoted you, but I couldn’t locate the article).

In other words …

Monday Morning Quarterbacks Lack the Touch, Taste, Smell, and Motion to Know with 100% Certainty What Took Place

It’s easy for the public to render judgement regarding an officer’s actions, or lack of action, by switching on the TV or their computers to view a video recording of an event. Commentators often offer slow-motion replays, rewinds, zoom views, and various angles, and their opinions as to what happened and/or should have or shouldn’t have happened.

The officer on the scene, however, views the situation in real time, within a time period of a split second or two, while their brain is sending adrenaline throughout their system, with parts of the mind taking charge over other parts that typically supply reason based upon well-thought-out decisions, decisions that take time and energy before an action is performed.

The body of an officer involved in an intense shootout is undergoing many changes all at once. There’s the whole adrenaline thing, of course, while the brain is rapidly switching back and forth between tunnel vision to tunnel hearing, meaning that during the times they’re visually surveying a scene the volume of their auditory functions is greatly reduced, or nonexistent. They cannot use both tunnel vision and tunnel hearing at the same time. The brain does not allow it during times of extreme stress.

Furthermore, during times of extreme stress, the brain may completely shut off auditory functions which is the reason that in post shooting interviews some officers report not hearing the sounds of shots being fired.

I, for one, am a perfect example. During a bank robbery shootout, I saw puffs of smoke (in slow motion) rise from the robber’s handgun, but never heard a single sound. Not even when I returned fire. Actually, from the moment the situation turned violent until I chased the wounded man and tackled him, I don’t recall hearing anything until I rolled him over and then heard the “click, click, clicks” as he pointed his gun at me and repeatedly pulled the trigger. I’ll never forget those sounds. Not ever.

Thankfully, he’d fired the last round before making his final charge. But until that point, it’s like we were in a vacuum.

This experience and others like it explain why so often police officers simply do not recall hearing a specific number of shots fired. In the world of neuroscience this total shutdown of hearing is called auditory exclusion.

A police officer’s overall situational awareness can become dulled to the point of totally blocking out things going on in their periphery, which presents a huge problem for them if the field of danger extends beyond the point of their focus/attention, and it often does—more than one attacker, threat, etc.

Filling In the Blanks

Officers are human, a fact which seems to escape some people. And being human prompts the desire for them to believe they “should have” both heard and seen the action as it unfolded. Therefore, their very human minds attempt to supply the missing information—the sound of gunfire or seeing the man with a gun standing to the side.

To fill in these voids the brain creates a memory by drawing on context and even experience (“I know that’s what a gunshot sounds like therefore I must’ve heard that sound today”).

The same is true in reverse. The officer who’s incapable of remembering a crucial bit of information that occurred during a stressful event, while their attention was distracted, actually may not believe it happened, despite clear and concrete evidence to the contrary.

This, the brain creating “fill in the blank” memories is one reason why so many Monday morning quarterbacks immediately jump to the unfounded conclusion that an officer must be lying or attempting to cover up a misdeed. But it’s just not so. Sure, sometimes people lie. I won’t discount that fact. But in the vast majority of stressful encounters, law enforcement or otherwise, the amygdala section of the human brain is the culprit.

Anyway, the only true means to judge any situation is in real time surrounded by all the sights, sounds, tastes, and emotions that come with it, along with access to the officer’s thoughts and emotions as the event unfolded. Attempting to do so on Monday morning while watching a replay of video is not the same.

Not even close.

Nor is it possible.


OMG! Death of Person Killed By Cops Ruled a HOMICIDE!

Please, don’t let those click-bait headlines get your unmentionables all bunched up, because ALL, and I repeat, ALL killings of human beings by other humans are homicides. And certain homicides are absolutely legal.

That’s right, L.E.G.A.L., legal.

New Picture

Yes, each time prison officials pull the switch, inject “the stuff,” or whatever means they use to execute a condemned prisoner, they commit homicide. All people who kill attackers while saving a loved one from harm have committed homicide. And all cops who kill while defending their lives or the lives of others have committed homicide. These instances are not a crime.

It’s when a death is caused illegally—murder or manslaughter—that makes it a criminal offense.

Murder is an illegal homicide.

For example, in Virginia:

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Therefore, those seemingly dramatic headlines that read “Shooting By Cop Ruled a Homicide,” well, they’re often nothing more than words used to affect people’s emotions, induce a reaction, or to encourage people to click over to their website, which, by the way, is how many “news” outlets pay the bills.

So please, un-wad those unmentionables and don’t be a victim of media sensationalism.


Yet another “Please”

Please don’t rely solely on news and social media as a basis for rendering judgement on any incident. Those reports are all over the place, and many are extremely inaccurate. They’re often uneducated speculations, wishes, dreams, etc. of “reporters” hoping to get the first scoop and to stir the emotions of readers and viewers. It’s always best to wait until all facts surface before making a final determination. Unless, of course, there’s a credible video such as the one seen by the world where the officer held his knee pressed into George Floyd’s neck.

The Atlanta officer-involved shooting resulted in the death of a person, but the circumstances involved were far different. Sure, there was video, but what we saw occur on this particular video is not as clear cut as the one recorded in Minneapolis.


Remember, the law says we’re not allowed to play Monday morning armchair quarterback. Instead, we must base our decisions on the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene. Not the opinion of @I.B. Lion, the guy in his mom’s basement who pumps out dozens of false media reports on social media sites.

From Tennessee v. Garner

“The use of deadly force is not justifiable . . . unless (i) the arrest is for a felony; and (ii) the person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer; and (iii) the actor believes that the force employed creates no substantial risk of injury to innocent persons; and (iv) the actor believes that (1) the crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or (2) there is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed.”


The Supreme Court said in the Graham v. Connor decision, “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”


*This post is not a political statement, nor is it a defense of any officer’s actions.

I was not at the location where the man was shot and killed by police in Atlanta so it would be impossible for me to know exact details. I will never know the precise thoughts going through the officers’ mind and/or the state of their emotions and perceptions at the time of the shooting. No one could.

Again, I’m not pointing fingers or offering an opinion as to right or wrong. Just the facts.

It’s been over a dozen years ago since I wrote the first word on this blog, and before I did I made the decision to avoid the really hot and controversial issues, such as gun control, politics, and racial issues. However, today I’m making what is probably a one time exception with this piece on racism. But it’s important to me to air this, at least one time. Still, this is not an op-ed piece. It’s strictly fact based on my own personal experiences and firsthand knowledge.

Before I begin, though, please understand that I am proud to be an American and I still believe in this country. Current issues may not be popular, just, or they simply rub some the wrong way, but the only way to reach a solution is to address it thoughtfully and truthfully. Sure, there are some serious problems right now, but as Americans it is our duty to make things as they should be.

Okay, here goes …

I grew up during the time when schools were segregated. It was a time when whites ruled supreme over water fountains, bus and restaurant seating, and often to be first to see medical professionals.

In the south where I grew up it was common to have a “colored woman” come to the house once or twice a week to clean up after white families. My mother, at the time, was experiencing a few serious health issues so our father set out to find someone to help out. His advertisement didn’t specify a particular race, just someone who could handle household duties to allow my mother time to heal. Annie Mae was the woman who answered the call.

In our house, Annie Mae pretty much raised us kids. Sure, she was there to clean and do the laundry and a bit of cooking, but she also doled out orders that we kids had better follow, or else. Believe me, we adhered to Annie Mae’s rules. Homework was done before we went out to play, and we scrubbed away the sweat-caked dirt rings from our necks before sitting down to one of her delicious meals.

Annie Mae enjoyed watching “her stories,” the soap operas that dominated daytime TV, and no one, and I mean no one, dared to make a sound until the last dramatic moment came to a close. She’d have a glass of iced tea and maybe a cookie or two while perched in the easy chair clinging to each word spoken by Laura Spencer (General Hospital) or Joanne Gardner (Search for Tomorrow). Then, after last of the daily cliffhanging endings  she’d head into the kitchen to begin dinner preparation.

Annie Mae loved my younger brother best and spoiled him until he was rotten to the core.

Annie Mae was a black woman who was born and raised in the south. And yes, we knew of the history even though we were Yankee transplants to the south. We knew of slavery and of the difficult and harsh lives black people endured.

One of my uncles owned a house that Harriet Tubman used as part of her Underground Railroad. I was nearby, at the home of my grandparents when conspirators intended to blow up a courthouse where H. Rap Brown was to be tried for inciting race riots. I definitely knew the story.

We loved Annie Mae, unconditionally, and we didn’t for one moment see her as someone of a different race. To us she was merely a large woman with a smile as wide and bright as the keys on a new Steinway piano. She was a wonderful, loving woman who simply answered a “help wanted” ad, and who was very good at what she did. Most of all, she was family to us. She gave us hugs when our grades were good and threatened to switch our bottoms when they weren’t.

One day, when I was in the 7th grade, our studies were interrupted by the principal’s voice booming from the loudspeaker that hung above the wall-to-wall chalkboard at the front of the classroom. He announced that starting the next year, 8th and 9th grade students would be reporting to a newly-formed junior high school—what was then the “black high school.”

Well, the panic that set in among many of the students and their families was like that associated with the bread and milk aisles of grocery stores when snow or a hurricane is in the forecast. Actually, during the first week or two after the announcement it was more like the paper products and disinfectant aisles at grocery stores during the onset of the coronavirus pandemic. Yes, that bad and that frenzied.

There was a mad rush, one that I couldn’t for the life of me understand, to enroll masses of white kids in private schools, even if it meant transporting children to the next county. Some were sent to military schools. All to avoid having to attend school with the “negras,” a term many of the locals in those days used when referring to African Americans.

Part of the reaction to integration was evidenced by the frequent billowing clouds of smoke that rose from behind the tree line at the back of the old drive-in theater. I knew it was the KKK who were there burning a cross while spewing hateful words. My parents didn’t approve and did their best to keep that sort of thing from us. But we knew. All the kids knew. And we speculated who’s faces were behind the white, pointed hoods when, as a group, they sometimes marched down the main street following their leader, a figure wearing a bright red getup. What I didn’t know was why they burned the crosses each Friday night.

What was so doggone bad about black folks? I just didn’t get it.

The first day of school the following year was a big change for all of us. One of the first things I learned was that some of the black kids didn’t want to attend school with white kids any more than some of the white kids wanted to go to their school. But they didn’t have the option of tucking tail and running off to a private school because there were none for them to attend. They were stuck with us.

Kids, though, made the transition without a single problem, and we did so quickly. New friendships were formed and the sports teams were integrated for the first time ever. A few of them went on to win regional and state championships. Band members and cheerleaders worked things out among themselves, and life went on.

Not the same for the parents, though. Some refused to allow their kids to attend school functions, band trips, and “oh, hell no” my child will not shower with “them” after gym class and football practice. But, kids continued to move forward in spite of parents’ attempts to hang on to the way things used to be.

We just didn’t see the big deal about the different races. We were all kids and we were friends.

Now, let’s turn a few pages on the calendar to my time with a southern sheriff’s office, and to the real point of this piece.

The issue of race separation was alive and in full swing there at the sheriff’s office, and it was shocking to me because many of my fellow deputies were some of the same people I’d known in high school and junior high. A few were on my football team. We’d worked together to win championships, blocking and tackling the same people. Again, we’d been friends.

Therefore, and needless to say, I was equally surprised and shocked to see the duty schedule and how the deputies were assigned. Simply put, blacks worked with blacks and whites worked with whites. Rarely were the two mixed on any given shift. As a result, the friendships we’d known just a few years before were not as close as they once were. The races simply didn’t mix, not there anyway. And, the ranking deputy, a captain, on the “black crew” made it known that he didn’t like white people, and the same was true in reverse for the ranking white deputy, also a captain.

When the African American deputies hauled a person of color to the jail, the offender more often than not received a super stern lecture about shaming their race with their bad behavior.

With all of that said, though, I was the “crossover” deputy because I was often assigned as the token white guy to work with the black deputies. There was no tension between us whatsoever. We were all law enforcement officers on the job and great friend when off-duty. I trusted them with my life and they trusted me with theirs. And it came to just that a few times.

Our boss, the county sheriff created racial tension because of the manner in which he handled the scheduling of deputies.

This same sheriff created another type of discrimination by refusing to allow women to carry firearms or to work as patrol officers. He believed a woman’s place was in the office answering phones or working as dispatchers or jailers/corrections officers. Female deputies were not permitted to attend the police academy.

Now let’s turn a few more pages on the calendar to the time when I’d made the transition to a city police department. There, race didn’t seem to be an issue. Everyone—all ethnicities—worked together and we backed one other when the times were tough.

However, I soon discovered that the same wasn’t true regarding one particular officer. I first learned of this trouble when I was working internal affairs cases. A citizen reported that a white officer was targeting black people, especially regarding traffic offenses. The citizen asked if we’d review the officer’s stats to see if his suspicions were correct. I did, and he was. In fact, the officer had written very few traffic tickets for white people, and those who did receive a summons were typically from outside the city. But the number of summons for people of color was through the roof.

I asked the officer about the stats and his reply was that he couldn’t explain it. So, I did what IA folks do, I sent in an informant—an attractive young woman (he considered himself a ladies man). On their first meeting (she was wired), she brought up race issues and the officer quickly told her, “I hate n*****s. I see one coming my way and they’re gonna get a ticket. N*****s, n*****s, n*****s, I hate all of them.”

Needless to say, the officer lost his job. But what about all the people who’d received traffic tickets? Worse still, the department then had a huge image problem associated with racism. All it takes is one bad apple and the rot spreads through the community like a plague. And, of course, there were  similar issues of black officers doing similar things to white citizens. It happens. People are people. They do what they do. Cops are no different than you or your neighbor.

Someone asked me just today if cops are trained to pull over cars with black people inside. I responded by saying this … “Regarding the training of police officers, which includes treating everyone fairly. Any actions other than that are solely those of individuals.

Racism is not a reflection of officer training any more than the actions of any person within other groups of people, including families. Serial killers do what they do yet we don’t accuse their entire family group of having the privilege of earning a bonus when the killer takes a life. 

When an officer does something morally wrong or illegal it’s totally against the grain of their training.”

During our police academy training it was mandatory that we learn and understand the meaning behind the Law Enforcement Code of Ethics. Each morning, before the day’s instruction began, we stood and recited the Pledge of Allegiance and then remained standing while reciting the Code of Ethics. We did this as a group, with one loud and collective voice. The Code of Ethics was firmly pressed into our minds. We were taught to live and work according to the code.

Law Enforcement Code of Ethics

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminal, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession … law enforcement.


Anyway, the point of this rambling concoction is to point out that, yes, racism exists in law enforcement, no doubt. Just as it does within other professions and walks of life throughout the country.

I despise racism from any side, and I truly do not like seeing how race divides the nation. I especially don’t like seeing people exploiting or fabricating racial issues in order to sell newspapers, magazines, TV shows, etc., especially when they do it no matter how badly it harms others.

How serious is racism today? Well, I’ll leave that one for you to ponder. Remember, I don’t offer opinions on racism, religion, gun control, and other hot button issues. They’re poisonous topics. Besides, my purpose is to provide factual information to aid writers in bringing realism to their stories.

Rodney King said it best when he asked, “Why can’t we just all get along?”


*Please do not use this blog as a forum to argue racial or political agendas, gun control, religion, or cop bashing. Let’s keep the conversation civil, as always. Otherwise, I’ll simply delete your comments.

 

George Floyd, a 46-year-old African American man, died Monday night—Memorial Day—after being handcuffed and held to the ground by Minneapolis Police Officer Derek Chauvin.

Officer Chauvin, who is white, knelt on Floyd’s neck, apparently using his body weight to press his left knee against Floyd’s flesh. After several minutes Floyd became unresponsive.

The incident continued for an incredible length of time, eight minutes, I believe, with bystanders pleading with the officer to release the hold. They frantically called on other officers to intervene, and when it became clear that Floyd was slipping into unconsciousness they begged officers to check the man’s pulse. One person was heard saying that Floyd’s nose had begun to bleed.

For the entire agonizing event that continued far too long, Floyd repeatedly stated that he could not breathe. He said he was in pain and he even, albeit a weak attempt, called out for his mother. Not one of the officers checked Floyd for signs of life, nor did Officer Chauvin release pressure to Floyd’s neck. And, for reasons unknown to us for now, officers made no attempt to place Floyd inside a patrol vehicle, opting to keep him lying facedown in the street with his hands cuffed behind his back. They could’ve at the very least rolled him over on his side to help him breathe.

Initial reports stated that Floyd had resisted arrest when officers responded to a fraud-in-progress call. However, there was no inkling of any sort of resistance during the time Officer Chauvin held his knee against Floyd’s neck. In fact, Floyd said he’d comply and get inside the car, but was unable to stand to do so. We hear him say this on the video.

Everyone who’s watched the video captured by a bystander has seen a man who “died at the hand of another,” which is the definition of homicide.

Keep in mind, though, homicide and murder are not always the same, and that difference could be key when this case reaches the court, and it will do to court

Homicide v. Murder.

All, and I repeat, ALL killings of human beings by other humans are homicides. And certain homicides are absolutely legal.

That’s right, L.E.G.A.L., legal.

New Picture

Yes, each time prison officials pull the switch, inject “the stuff,” or whatever means they use to execute a condemned prisoner, they commit homicide. All people who kill attackers while saving a loved one from harm have committed homicide. And all cops who kill while defending their lives or the lives of others have committed homicide. These instances are not a crime.

It’s when a death is caused illegally—murder or manslaughter—that makes it a criminal offense.

Murder is an illegal homicide.

Here’s the Legal Sticky Wicket

The Minneapolis Police Department’s use of force policy PERMITS chokeholds and neck restraints as long as the officer is properly trained to apply the technique(s). However, their use is not allowed when a subject is complying with commands/not resisting arrest. It’s possible that Officer Chauvin will use department policy as part of his defense. We do not yet know if he’d received this special training. We’ll soon see.

Minneapolis Police Policy Regarding Neck Restraints and Choke Holds

5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)

DEFINITIONS I.

Choke Hold: Deadly force option. Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway (04/16/12)

Neck Restraint: Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints. The MPD authorizes two types of neck restraints: Conscious Neck Restraint and Unconscious Neck Restraint. (04/16/12)

Conscious Neck Restraint: The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure. (04/16/12)

Unconscious Neck Restraint: The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure. (04/16/12)

PROCEDURES/REGULATIONS II.

  1. The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12)
  2. The Unconscious Neck Restraint shall only be applied in the following circumstances: (04/16/12)
    1. On a subject who is exhibiting active aggression, or;
    2. For life saving purposes, or;
    3. On a subject who is exhibiting active resistance in order to gain control of the subject; and if lesser attempts at control have been or would likely be ineffective.
  3. Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12)
  4. After Care Guidelines (04/16/12)
    1. After a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.
    2. An officer who has used a neck restraint or choke hold shall inform individuals accepting custody of the subject, that the technique was used on the subject.

I wasn’t in Minneapolis when the event occurred, therefore, like everyone else who wasn’t on the scene, I cannot offer an informed opinion, or facts, regarding the events that led to the arrest, placing handcuffs on Floyd’s wrist, or the takedown that resulted in the officer’s knee on Floyd’s neck. However, the video makes clear the events that followed.

Use of Force During an Arrest

When someone uses force to resist an arrest, officers must then use the amount of force necessary to gain control of the person. Normally, this means the officers must use a greater force than that used by the suspect. If not, the combative suspects would always win the battle to run off and continue their criminal activity.

Police officers receive a fair amount of training in the areas of defensive tactics and arrest techniques. They’re taught how to handcuff properly, how to utilize various compliance tactics, and how best to defend themselves against an attack. The object is always to gain control and cuff the suspect’s hands behind the back, with everyone involved remaining injury free, if possible. Again, though, when a suspect resists arrest officers must do what it takes to bring the situation to a quick resolution. The longer it goes on the more chance of injury.

FYI for writers—The ground/sidewalk/pavement/hardwood, etc. provides a sturdy surface that’s used to pin hands, legs, arms, etc. to prevent further movement. Can’t get them to the ground? A wall or car hood also serves the same purpose. Otherwise, the suspect, who’s often much stronger than the arresting officer, could easily fight their way to freedom while severely injuring the smaller officer(s).

Officers Must Use Only the Amount of Force Necessary to Make the Arrest

Before going further, let’s talk about the chokehold and neck restraint. Just so you know, I have quite a bit of experience in this field—I’m a former police academy master defensive tactics instructor and instructor trainer. I’m one of the early members of a defensive tactics federation. I have a strong background in Aikido and Chin-Na. I’m trained in knife- and stick-fighting. I ran my own school. I’ve taught rape prevention and self-defense for women at numerous colleges and at my facility. I’ve trained private security, military, and I’ve trained and taught executive bodyguards.

Chokeholds and Other Neck Restraints

Chokeholds were once taught in police academies across the country. I learned it during basic academy training and later taught the technique at the police academy. Although, we (in Virginia) stopped teaching it many years ago because the tactic could cause death, and did. I’d like to point out that when applied and released properly, the tactic is effective and safe. Still, death had occurred and we stopped teaching it in favor of techniques that are much safer to utilize.

The details of Floyd’s death and the one I mentioned that occurred in Virginia are quite different. Floyd did not appear to be resisting during the time the officer pressed his knee against his neck. The Virginia case, in the mid 1980s, began when someone called the sheriff’s office to report that a relative was acting in a bizarre manner.

A sheriff’s deputy arrived and was instantly attacked. This particular deputy was a huge and very powerful man. And when I say huge I’m talking Incredible Hulk big. I deeply appreciated seeing him arrive when I called for backup. He was a fantastic “equalizer” when we were outnumbered. He and I once arrested a man and then stood back to back to fight our way through a large, angry mob who were hellbent on freeing our prisoner. Yes, I was extremely pleased to have him with me to face that crowd.

Anyway, the subject of the “person acting bizarre” call was a polar opposite of the massive deputy—below average height, and wiry.

To the deputy’s surprise, when the man attacked he immediately went for the officer’s sidearm. The deputy fought to retain the weapon while using his free hand to fight off the violent suspect. Then, in an incredible display of strength, the man ripped the deputy’s leather holster from his gun belt. Yes, he tore the thick leather as easily tearing a sheet of notebook paper.

While battling for control of the man, the deputy managed to grab the firearm (still inside the torn holster) and tossed it onto the roof of a nearby outbuilding. He did so to prevent the man from using it kill anyone.

More deputies arrived to help restrain the very strong and extremely violent man, trying every pain compliance tactic in the book to subdue him. But nothing seemed to work. He simply didn’t feel pressure applied to his joints and nerves. Even with several grown men trying to restrain him he continued to struggle and resist.

After several minutes of fighting and scuffling, a deputy pressed a knee on the side of the man’s neck. His resistance slowly eased and he soon lost consciousness. When he did the deputy immediately released the pressure to his neck. EMS was called and they transported him to the hospital. Unfortunately, he suffered cardiac arrest and died the next day.

Same Tactic Applied, Same Outcome, But Far Different

In the Virginia case, as soon as the deputies felt the suspect stop resisting they quickly reduced the level of force and released the pressure on the man’s neck. They turned him on his side to help him breathe. EMS arrived immediately and began lifesaving procedures.

The Minneapolis officers continued to apply the conscious neck restraint tactic even though Floyd had stopped resisting arrest (at no time during the minutes long video do we see him resisting).

Then, when it was clearly apparent to bystanders, and viewers of the video, that Floyd had lost consciousness, the officer continued using his knee to apply pressure to Floyd’s neck.

At no time did either of the officers attempt to help Floyd breathe, even after he’d lost consciousness. Nor did they check for a pulse.

When EMS arrived, they checked the carotid pulse, walked calmly back to their vehicle where they and others retrieved a gurney. Then officers and EMS workers dragged Floyd’s limp and unresponsive body across the asphalt pavement to the stretcher. Together, they lifted Floyd and placed him on the gurney for transport. When they did Floyd’s head lolled to one side.

There was no sense of urgency.

Again, I wasn’t there so I have only the video as a means to form a slight educated opinion. It will be interesting to hear details as they become available. Since I only report facts, not my opinion, this is all I have to report.

Although, I must say that the video is painful to watch, for several reasons. None of them good.


The Video

Here’s the video of the incident. I caution you that it is graphic. View at your discretion. If seeing someone suffer is not something you care to see, then I urge you to not watch.

obstruction of justice

Obstruction of Justice (aka perverting the course of justice) is a broad term that simply boils down to charging an individual for knowingly lying to law enforcement in order to change to course/outcome of a case, or lying to protect another person. The charge may also be brought against the person who destroys, hides, or alters evidence.

Penalties for obstruction of justice vary from state to state, and the federal government. For example, in Virginia, Obstruction of Justice is a class 1 misdemeanor that carries a penalty of up to one year in jail.

Misdemeanor Classes in Virginia

§ 18.2-11. Punishment for conviction of a misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

(c) For Class 3 misdemeanors, a fine of not more than $500.

(d) For Class 4 misdemeanors, a fine of not more than $250.

The federal government sees the crime of obstruction in a different light. In their eyes, obstruction is a felony that carries a stiff penalty. For example, in 2010, a Georgia deputy sheriff, Mitnee Jones, was convicted of Obstruction for lying to the FBI and providing false statements as part of an investigation into the death of a Fulton County jail inmate.

The jury convicted Jones of filing a false incident report with the intent to hinder the federal investigation, making a false material statement about the incident to a Special Agent of the FBI, and obstruction of justice by making false statements to a federal grand jury investigating the death of the inmate.

Jones faced a maximum prison sentence of 20 years for filing the false incident report with the intent to hinder the federal investigation; five years for making a false material statement about the incident to the FBI, and 10 years for obstruction of justice by making false statements to a federal grand jury. However, at sentencing, Jones received a much lighter sentence of one year and three months in prison to be followed by three years of supervised release. She was also ordered to perform 120 hours of community service.

Not all obstruction of justice cases are simple, with paper trails to follow. Remember Martha Stewart? The government’s criminal case against Stewart was based solely on the fact that she made false and misleading statements to the SEC, and those accusations led to Stewart’s conviction for obstruction of justice, and the charge of lying to federal investigators.

By the way, the feds love to add obstruction charges to their cases (every suspect lies to the police at some point, right?).

federal bureau investigation

They do so because the threat of the additional 5-year sentence for obstruction is a great bargaining tool when offering a plea deal (We’ll drop the obstruction charge if you plead guilty to possession of the cocaine).

Here’s the obstruction section from the Code of Virginia:

Obstruction of Justice – Code of Virginia

§ 18.2-460. Obstructing justice; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

* Not everyone who lies to local and state police is charged with obstruction. If so, nearly every person who’s been questioned by officers would be in jail, because, based on my experiences, approximately 9 out of 10 suspects lie when they’re in the “hot seat.”

When it comes to charging someone with obstruction, well, you’ve got to carefully pick your battles, and then fight them wisely.


“Don’t Tell Me No Lies” ~ The Golliwogs

In large cities law enforcement officers typically become highly specialized in their areas of expertise. Patrol officers there are often assigned to specific sections of the city—precincts—and they know their assigned areas like the backs of their hands. They’re on a first name basis with every drug dealer, hooker, petty thief, and peeping Tom.

Detectives in large departments are normally assigned to a particular duty, such as homicide investigations, narcotics investigations, or cyber crimes. Their training and experience is quite specific. There are full-time units in place to handle CSI, cold cases, SWAT, canines, bicycle patrol, and community policing, to name just a few.

However, in smaller jurisdictions—mid-size to small—where manpower and funding are precious commodities, officers sometimes have to serve double or even triple duty. They wear many hats.

Patrol officers everywhere are the front line defense against crime. They’re the men and women who answer the never-ending stream of calls that range from brutal homicides to people who think they’ve seem aliens landing in their back yards.

But in small agencies a patrol officer may also be a member of the SWAT team. This officer would probably keep his/her SWAT gear in the trunk of their patrol car, ready to suit up on a moment’s notice. They may also serve as a member of the high-risk entry team, or as a bike patrol officer who swaps their cruiser for a bicycle during a portion of their shift.

Some detectives also serve as members of scuba dive teams. Many do their own evidence collection and crime scene photography. There are no CSI units in many, many departments across the country. In fact, many departments don’t have detectives. Patrol officers in those departments investigate criminal cases from beginning to end. Needless to say, this stretches manpower to the breaking point.

In even smaller police departments, where there are three or four officers (maybe the chief is the only officer) duties may branch out further still. For example, a small town of a few hundred citizens may expect their officers to read the town water meters as part of their regular patrol (yes, I do know of a town where this system is still in place).

Another town police chief has an office inside a country store. The “office” is a simple metal desk in the corner near the lottery ticket machine. The town’s highest ranking law enforcement officer only has access to his desk during the store’s normal business hours. He is also required to handle the town’s animal control duties.

So if you’re ever worried that your story seems a little off where police procedures are concerned, never fear. The truth about law enforcement is much more farfetched. In fact, the only thing consistent about police work is its inconsistencies.

Detective I. Will Gitterdone had a spotless attendance record, never missing a day for sickness in his entire thirty-three years with the department. In fact, in all of his years of wearing a badge and toting a sidearm he refused to soil that record even though on this particular day his fever hovered at 102, and coughing and sneezing fits forced him to spend the majority of the morning with his mouth and nose buried deep into a crumpled and quite yucky handkerchief. His arms and legs felt heavy and his muscles felt as if he’d been trampled by a hundred stampeding wild pigs.

In spite of the aches, fever, chills, and perspiring like a Savannah ditch digger working in August midday sunshine, Gitterdone was busy collecting suspected blood samples (brownish-red stains for the official record) at a particularly brutal homicide scene. He was also spewing misty spittle via alternating coughs and sneezes. His partner, Al Lergictowork, told him he looked worse than bad and asked if he needed a break. Gitterdone promptly turned his head away from Lergictowork to fired off a round of lung-clearing ah-choo’s directly into the large paper bag of already-collected evidence. “No,” he said. “I’ll be okay. Besides, I’m almost done here.”

So, did you notice anything particularly wrong with Gitterdone’s method of evidence collection? Was there anything he should have done differently?

Well, I think it’s safe to say that it might be a good idea to have both Gitterdone and Lergictowork study this list of Crime Scene Do Nots. It would also be wise to have your protagonist take a peek, just in case.

Crime Scene DO NOT’S

1. Do Not blow away excess fingerprint powder! Doing so adds your DNA to the surface.

2. Do Not use Styrofoam to package electronic devices (computer parts, etc.) because it can cause static charges. Instead, use foam padding or bubble-wrap.

3. Do Not alter or add anything to a crime scene sketch after leaving the scene. Memories are not quite as accurate as we may think.

4. Do NOT place bloodstained evidence in plastic bags. Plastic bags and containers can serve as incubators for bacteria, which can destroy, alter, or deteriorate DNA. Rule of thumb—paper bags/containers for wet evidence (blood, semen, saliva, etc.) and plastic for dry evidence.

5. DO NOT collect DNA evidence samples (saliva, blood, etc.) from a criminal suspect without a court order, the suspect’s consent, or under exigent (emergency) circumstances.

Hapci-fr
6. Do NOT cough, sneeze, exhale, etc. over any evidence sample. This includes talking over a sample. With each word spoken comes your DNA that’s instantly transferred to the evidence.

7. Do NOT fold wet documents. Leave that to the professionals in the lab.

8. Do NOT use fingerprint tape or lifters to collect bits of trace evidence. The adhesion on print-lifting tape is typically insufficient for picking up tiny bits of evidence.

9. Do NOT use dirty digging tools when collecting soil samples. Always clean tools thoroughly after each use to avoid cross contamination.

10. Do NOT use fingerprint lifters in lieu of gunshot residue (GSR) collection materials. (see number 8 above)

11. Do NOT allow shooting suspects, victims, witnesses, etc. to wash their hands or rub them against other surfaces until after GSR tests/collection have been completed.

Finally, number twelve is one that writers should do, and that’s …

12. Attend the 2020 Writers’ Police Academy/MurderCon. We have an unbelievably cool and over-the-moon exciting lineup in store for you. This is an event you will not want to miss!!

Honestly, we’ve outdone ourselves this year. We’ve been sitting on a few exciting secrets about the 2020 event and it’s almost time for the big reveal. So stay tuned, because we’ll soon be releasing the details.


MurderCon is moving forward as planned. We have carefully detailed plans in place for proper social distancing, and we’re furnishing masks. Hand sanitizer will be readily available.

Sirchie, our host, is in the loop with state and local health officials since they’re in the business of making PPE equipment, including hand sanitizer and masks, for 1st responders. Between Sirchie officials and our in-house microbiologist, Denene, we’re closely monitoring the situation and making preparations. Your safety, as always, is our priority.

Sign up today to reserve your spot!

MurderCon 2020

What does MOM have to do with catching bad guys? We all know our moms have super powers. They can see through walls, hear a whisper at 100 paces, and they have the unique ability to silence us with a mere glance. But could those unique qualities help nab a serial killer?

In the world of cops and robbers, to learn who committed a crime and why, investigators must first find MOM – the acronym for Motive, Opportunity, and Means. Normally, the suspect who possesses all three is indeed the true bad guy.

The Investigation

I’ve always felt it best to approach a crime scene in a systematic method, in four very basic steps: the initial evaluation, develop and expand the case, narrow the leads (witnesses and evidence), and present the case to the prosecutor and court.

The first two steps in the investigation—initial evaluation and developing the case—are where MOM first begins to appear. In a detective’s initial approach, they should look at the scene as a whole, taking in everything they see, not just a dead body, or an open safe.

Many clues are quite obvious but are often missed because the inexperienced investigator immediately begins collecting the trace, hoping forensics will solve the case for them. Trace and other forensic evidence is actually icing on the cake. Most crimes are still solved the old fashioned way, by knocking on doors, talking to people, and listening. In fact, the best investigators are really good listeners.

When investigating a murder I first looked to see who had:

Motive – The person who would benefit the most from the crime (life insurance beneficiary, jealous spouse, etc.)

Opportunity – The person who had no alibi for every single moment during the commission of the crime and its subsequent acts, including the planning stages of the crime. This stage of the investigation takes an enormous amount of time, lots of leg work, tons of phone calls, door-knocking, and many cups of coffee and hours of thinking. Again, be a good listener is key.

Means – The suspect must have had access to the murder weapon (includes a killer for hire) and all evidence in the crime.

Remember, complex criminal cases are most often solved by eliminating the people who could not have committed the crime, which eventually leads to the last man standing – the perpetrator.


The compound

This blog is coming to you today from our secure compound where we’ve been hunkered down now for eight weeks. All groceries and other supplies are delivered and sanitized and then stored in the garage for a period of time prior to bringing them inside. Then they’re washed with soap and water. We don’t touch mail with our bare hands. This is a process that’s necessary due to my suppressed immune system and the fact that Denene (my wife) is a microbiologist who’s very protective of me and takes no chances with my health.

Speaking of sanitizing items and the reasons for doing so, per request, we’ve added a new session to the 2020 MurderCon lineup. It’s called “A Microbiologist’s Perspective of Covid 19 and the Spread of Disease.” Denene will present this Thursday evening session. The presentation serves two purposes. One, to address covid-19 from its beginning through vaccine. Two, attendees will learn details necessary when writing about bioterrorism and the spread of diseases.You will not want to miss this incredibly important session.

Denene Lofland, PhD, FACSc, is an expert on bioterrorism and microbiology. She’s managed hospital laboratories and for many years worked as a senior director at biotech companies specializing in new drug discovery. She and her team members, for example, produced successful results that included drugs prescribed to treat cystic fibrosis and bacterial pneumonia. Denene, along with other top company officials, traveled to the FDA to present those findings. As a result, those drugs were approved by the FDA and are now on the market.

Calling on her vast expertise in microbiology, Denene then focused on bioterrorism. With a secret security clearance, she managed a team of scientists who worked in an undisclosed location, in a plain red-brick building that contained several laboratories. Hidden in plain sight, her work there was for the U.S. military.

She’s written numerous peer reviewed articles, contributed to and edited chapters in Bailey and Scott’s Diagnostic Microbiology, a textbook used by universities and medical schools, and she taught microbiology to medical students at a medical school. She’s currently the director of the medical diagnostics program at a major university, where she was recently interviewed for a video about covid-19.

Denene is a regular featured speaker at the annual Clinical Laboratory Educators Conference, and she’s part of the faulty for the National Board of Osteopathic Medical Examiners.


MurderCon is moving forward as planned. We have carefully detailed plans in place for proper social distancing and we’re furnishing masks and hand sanitizer will be readily available. Sirchie, our host, is in the loop with state and local health officials since they’re in the business of making PPE equipment, including hand sanitizer and masks, for 1st responders. Between Sirchie officials and our in-house microbiologist, Denene, we’re closely monitoring the situation and making preparations. Your safety, as always, is our priority.

Sign up today to reserve your spot!

MurderCon 2020