Tag: police accountability

State troopers capture criminal but shoot his hostage

A federal appeals court has ruled police can shoot hostages — even intentionally — if they fear for their lives or to stop a fleeing felon.

The case is more than just a legal footnote to Don Davis. The Georgia truck driver was shot nine times by troopers and deputies who were trying to stop a murder suspect holding Davis hostage in his truck.

While the shooting occurred in 2015, the U.S. Supreme Court just this week let stand a federal court ruling that police owe the hostage nothing for his medical bills or the lasting effects of the officer-inflicted gunshot wounds.

The roadblock

Oglethorpe County Sheriff’s deputies and Georgia State Patrol troopers were waiting on a dirt road outside a logging camp in August 2015.

Murder suspect Ryan Arnold was terrorizing the loggers and was planning his escape. Arnold had already shot his pregnant girlfriend and left her for dead before leading police on a chase. A trooper exchanged gunfire with the murder suspect before his getaway car ran out of gas at the logging camp.

Don Davis was getting ready to pull out with a full load of lumber when Arnold jumped in his truck with a rifle. “He fired a shot, and blew my side mirror out. I thought that was my head. But look, you know, I got lucky,” Davis said.

Davis picked up his phone and called 911. The kidnapper knew he was calling.

“He’s in my truck and we coming out of the woods now,” Davis calmly told the 911 operator. “He says that I won’t survive if I don’t get him out,” he added.

Dispatch records confirm police were told that the hostage was driving the logging truck with the killer threatening his life. “The subject you all are looking for is in the vehicle with him advising if he does not go where he tells him to he will kill him,” a dispatcher said over the radio minutes before the shooting.

Some officers testified they didn’t hear that message, while others confirmed they knew there was a hostage in the truck.

The 18-wheeler rolled toward the police cars that were blocking the road and started pushing them out of the way. Officers had taken cover behind the cars. The driver’s window of the logging truck was completely missing because the murder suspect had already shot it out while taking Davis hostage.

Two Georgia State Patrol troopers and a pair of Oglethorpe County deputies opened fire on the cab of the truck using shotguns, a pistol and a fully automatic tactical rifle.

The Georgia Bureau of Investigation determined the gunfire was concentrated on the driver’s side of the cab, where Davis was driving.

“Shooting the driver, shooting who is driving that truck, will stop that truck,” GBI Special Agent in Charge Jesse Maddox told lawyers in a deposition.

The truck was riddled with more than 35 bullet holes.

Davis stopped the truck and jumped out after he was already hit eight times. “I said, ‘I got to get out of here,’ bailed out and had my hands up, and I still got shot,” Davis recalled.

A police officer shot the hostage again as he jumped out of the truck to get away from the kidnapper. The officer testified he didn’t realize the man jumping out was the hostage until he had already opened fire.

Davis was shot in his shoulder, hip and leg. His right hand was nearly blown off. Doctors were able to reconstruct Davis’ hand, but he lost two fingers.

Arnold had been hiding on the floorboards with a rifle trained at Davis’ head. The kidnapper suffered far-less-serious injuries. “I was placed into an ambulance on the scene and Mr. Davis was lifeflighted,” Arnold testified in a deposition from prison.

Arnold pleaded guilty to murder, kidnapping and other felonies.

A ‘tragic story’

Davis and wife Kathy sued the officers in federal court. Oglethorpe County and two sheriff’s deputies settled with the couple for $195,000 as part of a court-ordered mediation, according to a document obtained through a records request.

The rest of the case was thrown out by the U.S. District Court.

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Police Lied About Death of ‘Cop City’ Protester They Shot 57 Times

Medical examiner rules police shooting a homicide. Police say they were forced to shoot Manuel Esteban Paez Terán after the 26-year-old environmental protester—who went by the nickname Tortugita—shot at them first. But no gunpowder residue was found on Terán’s hands, Georgia’s DeKalb County Medical Examiner reported.

The office has ruled the death of Terán (who used they/them pronouns) a homicide.

Terán was part of a group protesting the building of the Atlanta Public Safety Training Center, a 265-acre property that opponents have nicknamed “Cop City.” The protesters were camped out on the property in January when state troopers showed up.

According to law enforcement officials, Terán shot at a state trooper, prompting police to respond with a barrage of gunfire.

“The individual who fired upon law enforcement and shot the trooper was killed in an exchange of gunfire,” Georgia Bureau of Investigation (GBI) Director Mike Register told the media in January. A GBI press release said officers “located a man inside a tent in the woods” and “gave verbal commands to the man who did not comply and shot a Georgia State Patrol Trooper. Other law enforcement officers returned fire, hitting the man.” The GBI also said that a handgun and shell casings had been found.

But an official autopsy report viewed by ABC News said there was no gunpowder on Terán’s hands. The report also revealed that they had been shot at least 57 times, suffering gunshot wounds to the head, chest, arms, hands, pelvis, thigh, buttocks, and abdomen.

“Collectively, the gunshots resulted in [Terán’s] death and therefore the cause of death is designated as multiple gunshot wounds,” states the report. “However, the gunshot wound to the head would have been fatal by itself as would have some of the other gunshots.”

An independent autopsy ordered by Terán’s family found they had their hands up when they were shot. The Dekalb County report said “there are too many variables with respect to movement of the decedent and the shooters to draw definitive conclusions concerning Mr. Teran’s body position.”

At the time of Terán’s killing, the media largely ran with the narrative supplied by the GBI.

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The Supreme Court Will Decide Whether You Have a Right to a Prompt Hearing After Cops Seize Your Property

Do you have a right to a prompt hearing after the government seizes your property? The U.S. Supreme Court will consider the question in its upcoming term.

The Supreme Court has agreed to hear Culley v. Attorney General of Alabama, two consolidated cases concerning whether property owners have a due process right to a hearing to determine if police had probable cause to seize their property.

The issue may seem esoteric, but it’s hugely important to people who have their property seized by police under civil asset forfeiture laws. Under civil asset forfeiture laws, police can take property suspected of being connected to criminal activity even if the owner hasn’t been charged with a crime. Property owners then often have the burden of going to court and proving their innocence, a process that can take months and sometimes years.

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8 Cops Who Shot Fleeing Unarmed Man 46 Times on Video, All Get Off Scot Free

Before he was filled with taxpayer-funded bullets in July 2022, Jayland Walker, 25, was a standout wrestler at Buchtel High School, where he graduated in 2015. According to his family, he worked for Amazon, took a job driving for DoorDash, and was set to get married. All of this is over now, however, after multiple officers decided to dump more than a dozen rounds each into Walker’s body after he fled a traffic stop for a simple violation.

Now, despite the fact that these officers executed — in firing squad fashion — an unarmed man on video, they all will go back to work. This week, a grand jury concluded the officers were legally justified in their use of force against Jayland Walker, according to Ohio Attorney General Dave Yost.

“He reached for his waistband in what several officers described as a cross-draw motion, planted his foot and turned toward the officers while raising his hand,” Yost said. “Only then did the officers fire, believing Mr. Walker was firing again at them.”

“The law allows officers to use deadly force to defend themselves or others against a deadly threat,” he added.

Apparently, ‘belief’ in danger is enough to justify execution by firing squad. One can only hope that police never ‘believe’ you are a danger and treat you in a similar manner.

As we reported at the time, days after he was killed, officials released the body camera footage from Walker’s killing and the chief himself admitted that it was hard to determine what provoked the officers to fire their weapons.

Chief Mylett said in still photos of the footage, it appears Walker was reaching down to his waist but admitted Walker did not have a gun on him when he was killed.

The medical examiner had originally said he had “multiple gunshot wounds,” but Mylett said the medical examiner confirmed more than 60 wounds on Walker’s body.

Laughably, the Fraternal Order of Police in Akron described the shooting as being “consistent with the use of force protocols and officers’ training.”

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INDIANA JAIL LET MAN WITH SCHIZOPHRENIA STARVE TO DEATH IN SOLITARY, LAWSUIT ALLEGES

On July 20, 2021, apartment managers entered 29-year-old Indiana resident Joshua McLemore’s home, found him confused, incoherent, and nude on the floor, and had McLemore transported to a Seymour, Indiana, hospital. McLemore’s mother had called her son’s living complex, worried he could have been having a psychotic episode. At the hospital, McLemore grabbed a nurse’s hair and the Seymour Police Department arrested him on battery charges.

At the Jackson County Jail, McLemore, who had schizophrenia, was stripped naked and thrown into solitary confinement in what was known as “Padded Cell 7,” a small room without toilet access.

Surveillance footage over 21 days shows him screaming; rocking back and forth; licking the walls; smearing his feces and urine all over the floor; violently shoving a plastic bottle into his rectum; throwing his food on the ground; and eating the styrofoam food trays that made their way through the thin slot at the cell door.

According to the lawsuit, he lost 45 pounds in less than a month. Jail staff rarely checked in on him. Jackson County Sheriff’s Office (JCSO) employees occasionally placed McLemore in restraints and wheeled him into a shower as JCSO forced other imprisoned people to clean the excrement in his cell. On August 8, a guard named Beverly texted her supervisor, “Just bathed him. And he can’t hold his hands, legs, anything. He’s dead weight.”

In the footage, McLemore’s body visibly shrinks over weeks until he doesn’t have the strength to hold his head up.

“Get up, buddy,” a corrections officer asks. But he can’t. In one portion of the footage, a female guard sprays him with liquid soap and hoses him down so that he does not smell before EMS comes.

On August 8, jail officials noticed that McLemore—visibly emaciated and unable to hold up his body—likely needed medical care. But medical officials were unable to save him. According to a suit, doctors listed McLemore’s cause of death as “multiple organ failure due to refusal to eat or drink with altered mental status due to untreated schizophrenia.”

McLemore’s family alleges that at least 20 people, including Sheriff Rick Meyer, had access to roughly 400 hours of footage of McLemore wasting away in his cell. Edwin Budge, the family’s attorney, said he could not understand why no one called 911 earlier.

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New Mexico Cops Fatally Shoot Homeowner After Showing Up at the Wrong House

Police in Farmington, New Mexico, fatally shot a man while responding to a domestic disturbance call at the wrong house. The man killed lived across the street from the house police had been called to.

“On April 5, 2023, at around 11:30 p.m., the Farmington Police Department received a call for a domestic violence incident occurring at 5308 Valley View Avenue,” according to the New Mexico State Police Investigations Bureau, which is now investigating the incident. “Once on scene, officers mistakenly approached 5305 Valley View Avenue instead of 5308 Valley View Avenue.” Police knocked on the (wrong) door, no one answered, and “officers asked their dispatch to call the reporting party back and have them come to the front door.”

As they started to leave, 52-year-old homeowner Robert Dotson opened his front door holding a handgun—not an entirely unreasonable thing for someone to do when they get a strange knock on their door late at night.

No one alleges that Dotson pointed the gun at the police officers or threatened them.

Nonetheless, “at this point in the encounter, officer(s) fired at least one round from their duty weapon(s) striking Mr. Dotson,” the state police report. The Farmington officers did not even tell the man who answered the door to drop his weapon nor give him time to comply with their order before firing upon him, according to the statement from state police.

This would be an insane overreaction even if the police had been at the right house. That police weren’t even at the right house of course makes the shooting all the more senseless.

Dotson was pronounced dead at the scene.

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Family Granted $26 Million After Body Cam Showed Cop Execute Innocent Unarmed Child

On a Saturday night in a North Texas town in 2017, 15-year-old Jordan Edwards was murdered by a Balch Springs police officer. Jordan was a passenger in a car that had merely driven away from a party. Immediately after police killed him, the chief parrotted his officer’s false claim of fearing for his life as the vehicle drove “aggressively toward him.”

After watching the body-camera footage, however, the chief realized he’d spread a lie. So, he did the right thing and told the public the truth — the car was not a threat and was driving away.

Police Chief Jonathan Haber admitted that the car full of innocent teenagers was driving away from the officer when he raised his AR-15 and shot Jordan Edwards in the head.

“It did not meet our core values,” Haber said of the officer’s actions.

Based on the extensive reporting the Free Thought Project has done on officers shooting into vehicles, we predicted the original story would probably not be backed up by the body-camera footage, and we were correct.

The shooting was so egregious that Oliver was found guilty of murder in 2018 and was sentenced to 15 years in state prison.

Now, six years after Balch Springs Police officer Roy Oliver raised his AR-15 and dumped multiple rounds into a car full of innocent children — executing one of them — Jordan’s family has the rest of their closure. The family’s federal civil rights trial began last week and concluded on Monday with a $26.1 million settlement: $8.5 million to Edwards’ father, Odell, for damages; $2.1 million in estate for damages such as mental anguish and funeral expenses; and $11 million in punitive damages.

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FBI Gone Wild: Internal memos chronicle years of drunk driving, lost weapons and other misconduct

Scores of FBI employees have been caught over the last five years engaging in unethical and illegal conduct such as driving drunk, stealing property, assaulting a child, mishandling classified documents, and losing their service weapons — but they often escaped being fired, according to internal disciplinary files provided to Just The News. 

One agent left a highly lethal M4 carbine unsecured in his government car during a Starbucks run and had the weapon stolen, but even he received only a two-week suspension despite violating the bureau’s protocols for weapons storage, the records show.

“Although there was a lockbox in the trunk for storage of weapons and sensitive items,” the agent chose to store the rifle bag behind the car’s front passenger seat, one report shows. “While Employee was in the Starbucks, the Bucar was burglarized. The rear passenger, rear driver, and tailgate windows were broken, and the rifle bag containing the M4 was stolen.” 

Sexual misconduct was also rampant in the reports dating to 2017, including inappropriate affairs with felons in prison, confidential sources and subordinate employees. The sexual transgressions, however, often resulted in firings, unlike the drunk driving and lost weapons offenses.

Typically emailed to all Bureau employees each calendar quarter, the FBI Office of Professional Responsibility (OPR) reports provided to Just the News by a whistleblower afford an unprecedented look into the breadth of misconduct among the FBI’s workforce of 35,000, including agents, intel analysts, lab scientists and crime scene technicians.

You can read all of the reports here.

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Qualified Immunity Is Burning a Hole in the Constitution

The Supreme Court created qualified immunity out of thin air in 1967, just six years after the Court first recognized that people could sue police officers and other government officials for violating their constitutional rights. In that first qualified immunity case, Pierson v. Ray, the Court held that the officers were entitled to a “good faith” immunity in civil rights cases. Chief Justice Earl Warren, writing for the majority, explained that this immunity from suit was necessary because, otherwise, officers could be held liable when they mistakenly believed the law authorized an arrest. As Chief Justice Warren explained, “A policeman’s lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause and being mulcted in damages if he does.”

Although a “good faith” defense was the impetus for qualified immunity, today, officers are entitled to qualified immunity even if they act in bad faith, so long as there is no prior court decision with nearly identical facts. For more than five decades, the Supreme Court has repeatedly strengthened qualified immunity’s protections, describing each additional layer of defense in increasingly terrified tones as necessary to protect officers from the unyielding power of civil rights lawsuits.

The first — and arguably most seismic — shift to qualified immunity came in 1982 in a case called Harlow v. Fitzgerald. In Harlow, the Court concluded that officers’ entitlement to qualified immunity should not depend on whether they acted in good faith. In order to prove good faith, officers would have to be deposed — questioned under oath — about their state of mind at the time they violated the Constitution, and a case would go to a jury if an officer’s good faith was in dispute. Justice Powell, who wrote the majority opinion in Harlow, reasoned that requiring officers to participate in discovery and trial in an “insubstantial case” was a burden to the officer, who would need to spend time defending himself instead of doing his job. And the Court feared that this type of distraction would harm not only the officer but also “society as a whole” by discouraging “able citizens from acceptance of public office” and “dampen[ing] the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.” So, to protect officers from having to participate in discovery and trial in “insubstantial cases,” the Court held in Harlow that an officer’s intentions do not matter to the qualified immunity analysis. Instead, officers are entitled to qualified immunity so long as they do not violate what the Court called “clearly established law.”

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Video Raises Questions About Tortuguita’s Death at “Cop City” Amid Permit Appeal

Body-worn camera video released by the Atlanta Police Department (APD) showing the immediate aftermath of a Georgia State Patrol trooper’s fatal shooting of Manuel Esteban Paez Terán at the forested site of a planned police training facility raises questions about the Georgia Bureau of Investigation’s (GBI) initial story of Terán’s killing. The video release comes at a time when the facility’s land disturbance permit is being legally challenged.

APD released four videos from a unit of officers who were not directly involved in the shooting. The footage appears to confirm Terán’s killing was carried out by a Georgia State Patrol SWAT team, which is not required to wear body cameras.

Terán, whose chosen name was Tortuguita, was shot and killed by police on January 18 during a violent raid on a protest encampment in the South River Forest that has blockaded construction of what Atlanta-area activists have dubbed “Cop City,” an 85-acre, $90 million police militarization and training complex spearheaded by the Atlanta Police Foundation that, if built, would be one of the largest police training facilities in the country. The site would contain several shooting ranges, a helicopter landing base, an area for explosives training, police-horse stables and an entire mock city for officers to engage in role-playing activities.

The GBI initially said Tortuguita was shot and killed after allegedly firing a gun and injuring a Georgia state trooper during the raid, but APD’s newly released body camera video appears to show officers suggesting that the trooper was shot by friendly fire in the initial moments after the shooting. In one video, after gunshots ring out through the forest, an officer can be heard saying, “That sounded like suppressed gunfire,” implying the initial shots were consistent with the use of a law enforcement weapon, not the Smith & Wesson M&P Shield nine-millimeter the GBI alleges Tortuguita purchased and fired upon the trooper with, which did not have a suppressor.

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