Southgate cop assaults woman, destroys phone.

[Phyphor]

https://www.youtube.com/watch?v=O-J-6SkuKJ0

I know that this sort of crap happened before the age of the cellphone camera, and it's only more readily apparent now, but it still does seem like this happens an awful lot.

Hope this ahole winds up in the unemployment line.  The only power he deserves is the power to say "Would you like fries with that?"


Then again, I don't think I'd trust this prick with my food.

[HankB]

Best comment on Youtube:  "I like how the two good cops who witnessed the attack jumped in and arrested the bad cop. Oh wait, that didn't happen."

[MechAg94]

It wasn't like it was a sustained assault or something.  It was done and over in 3 seconds.  Yes, the guy should be punished.  Not sure how much.  He was acting like a jack booted thug, but I don't know if I would class it as assault. 

Do you consider that assault and battery?  Looked like he just grabbed her phone and slammed it on the ground.  It was not acceptable what he did.  I guess the question would be if a person did that to a stranger on the sidewalk, would they be charged with assault or just destruction of property?  The phone is worth a few hundred?  

I am glad it was caught on video.  I thought the lady was too close at first, but she appeared to be backing off when asked to.  I wouldn't call it assault, but it was bad. 

[MechAg94]

I really don't understand some of these officer's dislike or fear of being on video.  I can understand a concern about edited videos being made, but as long as people are keeping back an appropriate distance it shouldn't be an issue.

I guess another thought is I don't understand some people's need to be 2 feet away to take video.  The video of that shooting in SC was at a distance and caught everything just fine. 

[Battle Monkey of Zardoz]

Cops being videoed, if you have nothing to hide, what the deal.

[zahc]

I guess the question would be if a person did that to a stranger on the sidewalk cop, would they be charged with assault or just destruction of property?  The phone is worth a few hundred?  

Fify

[zxcvbob]

How much do you have to touch a cop to get charged with "assaulting a police officer"?  (lately is seems like bruising his fist with your face is enough)

I think assault *and* destruction of property works.  And maybe tampering evidence.  And witness intimidation.

ETA: or how about armed robbery?

[HankB]

. . . I think assault *and* destruction of property works.  And maybe tampering evidence.  And witness intimidation.

Some phones are pretty expensive - at what $$ amount does property destruction move from a misdemeanor to a felony?

[zxcvbob]

It was U.S. Marshals, not local cops:

http://www.latimes.com/local/lanow/la-me-ln-feds-probe-video-phone-in-south-gate-20150421-story.html

[wmenorr67]

It was U.S. Marshals, not local cops:

http://www.latimes.com/local/lanow/la-me-ln-feds-probe-video-phone-in-south-gate-20150421-story.html

Well that makes it right then.

[cordex]

Well that makes it right then.

Raylan got away with worse.

[Hawkmoon]

It wasn't like it was a sustained assault or something.  It was done and over in 3 seconds.  Yes, the guy should be punished.  Not sure how much.  He was acting like a jack booted thug, but I don't know if I would class it as assault.

Considering that simply using harsh words can be considered assault, what would you classify this as, if not assault? Of course it was assault -- he touched her violently without her permission, for no valid, lawful reason. The destruction of her personal property is a separate offense.

And then there's deprivation of rights under color of law. That's a federal offense.

[Scout26]

Considering that simply using harsh words can be considered assault, what would you classify this as, if not assault? Of course it was assault -- he touched her violently without her permission, for no valid, lawful reason. The destruction of her personal property is a separate offense.

And then there's deprivation of rights under color of law. That's a federal offense.

This.

[TechMan]

A non-subsidized iPhone 6 16GB is  ~$649

[KD5NRH]

Do you consider that assault and battery?  Looked like he just grabbed her phone and slammed it on the ground.  It was not acceptable what he did.  I guess the question would be if a person did that to a stranger on the sidewalk, would they be charged with assault or just destruction of property?  The phone is worth a few hundred?

Walk up to someone with a gun in your hand and take their property from them.  Pretty sure you'll be charged with aggravated robbery.

[MechAg94]

Walk up to someone with a gun in your hand and take their property from them.  Pretty sure you'll be charged with aggravated robbery.

He didn't take it.  I thought he threw it on the ground.  Did he keep it?

[MechAg94]

Considering that simply using harsh words can be considered assault, what would you classify this as, if not assault? Of course it was assault -- he touched her violently without her permission, for no valid, lawful reason. The destruction of her personal property is a separate offense.

And then there's deprivation of rights under color of law. That's a federal offense.

It depends on what set of definitions we are using.  I do recall hearing that Assault is a verbal threat and Battery is physical contact.  I don't know if either those apply.  

[zxcvbob]

He didn't take it. I thought he threw it on the ground.  Did he keep it?

I'm not sure that that matters.  How is it different whether he takes it and keeps it, or takes it and immediately destroys it?

All this is probably just academic though.  He'll just get some administrative slap-on-the-wrist punishment and no criminal charges filed.  (And the punishment won't really be for attacking the woman, it'll be for being stupid enough to get caught on a second camera)

[Monkeyleg]

Cops being videoed, if you have nothing to hide, what the deal.

I haven't been able to find stats for the US, but I read several years ago that the average London commuter was photographed and videotaped 300 times a day. I think cops can tolerate being caught on video once in awhile just like the rest of us, without going off on someone. 

[MechAg94]

I'm not sure that that matters.  How is it different whether he takes it and keeps it, or takes it and immediately destroys it?

All this is probably just academic though.  He'll just get some administrative slap-on-the-wrist punishment and no criminal charges filed.  (And the punishment won't really be for attacking the woman, it'll be for being stupid enough to get caught on a second camera)

Ask the lawyers that I guess.  I just don't know if what I saw warrants criminal charges versus just compensation and punishment.  If you want to imagine what you could get away with if your intent was to totally screw over the officer, then I guess go for attempted murder also since he was armed.  

If this happened between two private citizens, I have doubts the cops would even arrest the guy unless there was more to it.  

[MechAg94]

I guess the question would be if a person did that to a stranger on the sidewalk cop, would they be charged with assault or just destruction of property?  The phone is worth a few hundred? 


Fify

The standard I always see y'all use is that police officers should be treated just like everyone else.  No special priviledges so then no special punishments either. 

[Hawkmoon]

The standard I always see y'all use is that police officers should be treated just like everyone else.  No special priviledges so then no special punishments either.  

Absolutely, no special punishments. And no special exceptions.

http://definitions.uslegal.com/a/assault/

Second degree assault may involve intentional or reckless serious physical injury to another person, or physical injury to any person by means of a deadly weapon or a dangerous instrument. It may involve interfering with a police officer, emergency responder, or teacher, while performing their duties. When the injury suffered is less serious, it may be classified as assault of a lesser degree, such as "simple asault".

The following is an example of a state statute governing simple assault:
" Simple assault. A person is guilty of assault if s/he:

    Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
    Negligently causes bodily injury to another with a deadly weapon; or
    Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense."

http://definitions.uslegal.com/a/assault-and-battery/

An assault is any unlawful attempt or offer with force or violence to do bodily harm to another, whether from ill will or extreme carelessness; for example, by striking at or holding up the fist at a person in a threatening or insulting manner, or with other circumstances that evidence an intention, coupled with a present ability, of actual violence against the person, such as by pointing a weapon at him when he is within reach of it. When the injury is actually inflicted, it amounts to a battery.

Assault and battery is the combination of the crimes of threat (assault) and actual beating (battery).
An assault is:

    An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or
    An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

A battery is any:

    Willful and unlawful use of force or violence upon the person of another; or
    Actual, intentional and unlawful touching or striking of another person against the will of the other; or ...

Based on these definitions, it seems to me that Marshal Stockburn committed both assault and battery.

And then there's the theft of the woman's cell phone. Depending on the value of the phone, that's either a misdemeanor or a felony offense.

And then there's the deprivation of civil rights under color of law (18 USC 242 and 42 USC 1983)

Nope, I don't think Marshal Stockburn should receive any special punishments. I do think he should be charged and tried for each offense he actually committed. The standard penalties should be enough to ensure that he can never again (legally) wear a badge.

[Battle Monkey of Zardoz]

Absolutely, no special punishments. And no special exceptions.

http://definitions.uslegal.com/a/assault/

http://definitions.uslegal.com/a/assault-and-battery/

Based on these definitions, it seems to me that Marshal Stockburn committed both assault and battery.

And then there's the theft of the woman's cell phone. Depending on the value of the phone, that's either a misdemeanor or a felony offense.


And then there's the deprivation of civil rights under color of law (18 USC 242 and 42 USC 1983)

Nope, I don't think Marshal Stockburn should receive any special punishments. I do think he should be charged and tried for each offense he actually committed. The standard penalties should be enough to ensure that he can never again (legally) wear a badge.

Sure would help with that rift healing thing.

[KD5NRH]

More to the point, I don't know California's wording, but in Texas, theft is defined as depriving the person of the property.  Taking and smashing it would qualify, and since he was clearly armed and threatening at the time that he took it from her hand, it would be robbery at least.

[KD5NRH]

Based on these definitions, it seems to me that Marshal Stockburn committed both assault and battery.

And then there's the theft of the woman's cell phone. Depending on the value of the phone, that's either a misdemeanor or a felony offense.

211.  Robbery is the felonious taking of personal property in the
possession of another, from his person or immediate presence, and
against his will, accomplished by means of force or fear.

The video makes it pretty clear that the phone was taken by force.  Robbery is a felony in California regardless of the value of the property.