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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAustin police chief says jaywalkers should be happy they’re not sexually assaulted by cops
http://www.rawstory.com/rs/2014/02/22/austin-police-chief-says-jaywalkers-should-be-happy-theyre-not-sexually-assaulted-by-cops/oh brother....
The arrest of an Austin jogger on jaywalking charges earlier this week dragged screaming to a police car after apparently failing to present ID properly has become the stuff of viral video after a University of Texas at Austin student captured the incident.
Now, Austins chief of police has weighed in, telling the public they should be glad his officers arent treating people even worse.
This person absolutely took something that was as simple as Austin Police Stop! and decided to do everything you see on that video, Austin Police Chief Art Acevedo said at a press conference Friday, according to Austin NPR station 90.5 KUT. And quite frankly she wasnt charged with resisting. Shes lucky I wasnt the arresting officer, because I wouldnt have been as generous. In other cities theres cops who are actually committing sexual assaults on duty, so I thank God that this is what passes for a controversy in Austin, Texas, Acevedo said.
Not long after that, it became clear that Acevedo had essentially told the public that they should be grateful that all the police officers did was bundle a woman who had been jogging through the streets of Austin into the back of a police car because she crossed against the light, instead of molesting her or charging her with more serious offenses.
snip
MrScorpio
(73,630 posts)Wilms
(26,795 posts)It seems clear to me that he was saying that HE, himself, is happy theyre not sexually assaulted by cops as can happen in LA and NYC, for instance.
Not saying that the cops were innocent. But if I need stretched info, I'll get it at Faux.
warrior1
(12,325 posts)Gormy Cuss
(30,884 posts)The implication seems to be that even if the officers' response was excessive, she should be grateful because it could have been worse.
He, as police chief, shouldn't be patting himself on the back because his officers didn't sexually assault someone.
uppityperson
(115,677 posts)Art Acevedo said sorry after appearing to dismiss the arrest of Amanda Jo Stephen by claiming: "Cops are actually committing sexual assaults on duty so I thank God that this is what passes for a controversy in Austin, Tex."
(clip)
He said his comments had come at the end of an "emotional week" following the conviction of Brandon Daniel for killing Austin police officer Jaime Pardon in 2012.
pnwmom
(108,973 posts)Guess he kind of forgot about that.
JJChambers
(1,115 posts)She is throwing a temper tantrum and screaming like a child that she did nothing wrong. Except for jaywalking and failing to provide identification. Pedestrian jaywalkers are frequently killed in auto accidents. People who commit violations are required to furnish identification. Failure to do so can result in arrest. Throwing a temper tantrum during the arrest process, kicking and screaming all the way to the police car, is more indicative of her white privilege than of any police misconduct.
warrior1
(12,325 posts)this was over the top.
JJChambers
(1,115 posts)Either by presenting ID or by verbally identifying herself; she refused.
warrior1
(12,325 posts)There are no requirements for having an ID on you in the state of Texas if you are a pedestrian. There is a law requiring you to ID yourself verbally to police if you're being arrested.
The Texas Failure to Identify law is fairly simple. Why dont police get it? It states:
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.
Tex. Pen. Code Ann. § 38.02.
By her refusing to furnish her name, is she not violating the law?
warrior1
(12,325 posts)The comment from the police chief was over the top.
uppityperson
(115,677 posts)prior to that. She must only give ID info AFTER being arrested, not as a cause for arrest.
http://en.wikipedia.org/wiki/Stop_and_identify_statutes
Texass law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information, however it is a crime for a detained person or witness to give a false name.)
TorchTheWitch
(11,065 posts)see warrior1's post #7 up thread.
She did three things wrong... she crossed the street on a red light, ignored police when they called out for her to stop, and refused to identify herself. Seeing as she WAS arrested (the photo shows her sitting on the sidewalk in handcuffs) we don't know if she refused before or after she was arrested... and seeing as she did nothing but scream the whole time both before and after her arrest I'm not seeing how at any time she gave them her verbal identification which is why she was charged with "failure to identify" and crossing at an intersection against the light.
http://www.dailytexanonline.com/news/2014/02/20/woman-arrested-on-24th-street-after-crossing-intersection
Updated (6:45 p.m. Friday): At a press conference held Friday, APD police chief Art Acevedo addressed the recent arrest of 24-year-old Amanda Jo Stephen, who was taken into custody Thursday after crossing an intersection at a red light. Stephen was formally charged with "failure to identify" and "failure to obey a pedestrian control device" and was released from Travis County Central Booking Thursday evening.
What she was doing was dangerous, and if she claims that she didn't hear the police shout to her to stop because of her earphones than she was doubly creating a hazard to herself and others... if she couldn't hear them shout at her to stop then she wouldn't have been able to hear a car or bike coming up on her unable to stop either.
They had to drag her stupid ass because she refused to get up and walk and also refused to listen to why she was detained screaming she did nothing wrong except that she did a number of things wrong and was completely uncooperative.
She brought this on herself and acted like an idiot on top of it all.
uppityperson
(115,677 posts)they are not required to give ID unless they are arrested. See (a)? "Lawfully arrested". See (b)? "false or fictitious name...lawfully detained. If you are simply detained, you do not have to ID yourself, but if you give false ID you are in trouble.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
"She brought this on herself and acted like an idiot on top of it all. " Wow, I didn't know you were there watching. Thank you for letting us know because otherwise you probably only have access to the same info the rest of us have.
Finally, according to you I will never be able to be out in public, being as hard of hearing as I am. Shame, that, as I do like to be out sometimes but according to you I am a hazard by being deaf.
TorchTheWitch
(11,065 posts)FIRST, she broke the law by crossing on a red light which is WHY the police told her to stop. You have nothing to worry about as a deaf person as long as you don't do something stupid like break a law when the police are around and your back is to them.
She was also charged with "failure to identify" so it stands to reason she did NOT give information after she was arrested. Seeing as she was under arrest while still seated on the sidewalk, she would have been under arrest.
I still have no sympathy for a bozo jogging with headphones on and breaking the law by crossing an intersection on a red light, and I REALLY have no sympathy for her that she went ape shit the entire time not listening to a thing they tried to tell her like why she was under arrest, etc.
Yes, it's a hazard to jog through an intersection against the light and more so when you're listening to music so that you can't hear when someone shouts at you. As a deaf person I'm sure you're cognizant of the dangers of jogging across the street in front of right of way traffic ESPECIALLY because you're deaf not just for yourself but for other people on the road.
I really hate it when people jaywalk in front of my car or aren't paying attention because they're talking to someone or texting or whatever and step out into the street only yards from my car so I have to slam the breaks and swerve to not hit them praying I don't either crash into them or anyone else. These people are not just taking their OWN lives in their hands but MINE as well.
Just a few days ago I was playing with the dog in the big piles of snow the plows built up in a parking lot near a four lane busy road where the speed limit is 45mph as some stupid kid texting on his phone just stepped out into the street to cross without ever looking up causing several cars to slam the breaks, swerve into other lanes narrowly missing each other while cars behind them had to slam on their breaks to avoid plowing into the cars that had to break and/or swerve to avoid hitting the idiot. I saw him head down texting away oblivious to traffic and started screaming at him to stop before he stepped into the road all to no avail... he was paying no attention whatsoever. Thank the gods not none of those cars either hit him or each other. After all the screeching of breaks and honking of horns, the jackass just looked up for a second and kept on texting away. And when he hit the center line HE DID IT AGAIN in front of two lanes of traffic coming the other way.
This shit happens all the time as well as those people at night on badly lit roads dressed in dark clothing that step out into the street mere yards in front of you having no idea that you can't see them until you're almost on top of them, and they glare at you as if it's YOUR fault that you nearly killed them.
Pedestrians have traffic laws they have to follow also yet still have some idea that they can step out into traffic right smack in front of you having no idea they can't be seen in time as if they have some kind of right to play chicken with other people on the road.
She's a damned idiot and just made it so much worse for herself by being hysterical from the moment she was caught all the way to the back of the patrol car.
uppityperson
(115,677 posts)you claim.
Are you saying she was arrested for jaywalking since until she was arrested she was not legally obligated to ID herself? Arrested for jaywalking and you are ok with that because she was "hysterical" after being grabbed, cuffed, shoved down by 4 cops.
She was NOT legally obligated to give ID until AFTER she was arrested. So why was she arrested? For not giving ID? But she was not legally obligated to do that until AFTER she was arrested.
The arrest legally had to come first BEFORE she was obligated to ID herself. So what was she arrested for to cause her to need to ID herself?
TorchTheWitch
(11,065 posts)And I saw the video of her behavior. She took it upon herself to break the law by crossing the intersection against the light. She wasn't dragged anywhere. Watch the video. There were TWO officers and they WALKED her to the police car with her screaming her fool head off that she didn't do anything wrong when she DID which is why she was charged.
She was arrested and charged for "failure to identify" and crossing against the light.
Sorry, she broke the law created a hazard on the road and acted the fool.
I'm sick to death of the cop hate shit on DU when it is in no way deserved. And making up crap about what happened is bullshit.
uppityperson
(115,677 posts)Did you even read the legal thing that says she did NOT need to id herself until AFTER she was arrested. You think it is ok to arrest people for jaywalking. That is what you are saying.
Or are you saying she was arrested for not IDing herself which legally she did not have to do until AFTER she was arrested? Catch 22 anyone?
"she was arrested and charged for "failure to identify" and crossing against the light. " She legally did NOT have to identify herself until after she was arrested. So she was arrested for was jaywalking. And then didn't identify herself. But you are ok with arresting people for jaywalking. Incredible.
I agree, "making up crap about what happened is bullshit".
uppityperson
(115,677 posts)unless I have someone with me, holding onto me at all times.
I will turn in my drivers license and my walking shoes. After all, if I can't hear then I create hazards for others.
"if she couldn't hear them shout at her to stop then she wouldn't have been able to hear a car or bike coming up on her unable to stop either. "
jeff47
(26,549 posts)She wasn't arrested until after she refused to identify herself.
JJChambers
(1,115 posts)Courts have recognized time and time again that if you're being detained for an offense, you must identify yourself upon request. Try not identifying yourself next time you get pulled over for speeding and see what happens.
Ohio Joe
(21,748 posts)You are required to carry your DL in order to drive, you are not required (at least not everywhere and not where this happened) to carry ID or identify yourself on the demand of police, nor should you be.
Defending bullshit like this for jay walking is pretty fucked up.
uppityperson
(115,677 posts)Texas Penal Code, Title 8, §38.02(a), reads
A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Texass law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information, however it is a crime for a detained person or witness to give a false name.)
You are now trying to conflate this with needing drivers license on you to drive. She was on foot and did not need to ID herself until AFTER she was arrested.
jeff47
(26,549 posts)She was on foot. Those rules do not apply.
kcr
(15,315 posts)A violent arrest over jaywalking is a ridiculous occurrence that should not happen.
JJChambers
(1,115 posts)Except she refused to identify herself and started throwing a tantrum. Jaywalking is dangerous and causes a lot of pedestrian fatalities. Ironically, the news is saying a jaywalker was hit and killed by a bus in Austin the same day that this story broke
Police Chief Art Acevedo says there is a lot more to the story. The officers were working on an initiative to cut down on pedestrian and bicycle violations. This week, they are focusing on jaywalkers.
On Thursday, officers stopped 28 people and cited seven. On Friday, KVUE cameras caught numerous people ignoring the stop signal and unlawfully crossing the street.
"We do it all the time here," said UT student Patrice Hailey. "The traffic here is so bad, I mean, we just have to walk when we can."
Acevedo says Stephen did the same thing while officers had another person stopped for jaywalking.
"He can see her face, and she can see his face, yells, 'Austin Police, I need you to stop.' She still doesn't stop, so he grabs her arm and says, 'I need you to stop.' She then at some point takes off her ear buds and he says, 'Austin Police, I need you to stop,' and she says to the effect, 'I don't give an "f" who you are. Get your "f'ing" hands off of me," Acevedo said.
According to police, Stephen was arrested for failure to obey a pedestrian control device and failure to identify. Failure to identify is a Class B misdemeanor in Texas.
http://www.kvue.com/news/Video-of-Austin-Police-arresting-jaywalker-goes-viral-246620251.html
People should be careful crossing streets. But that doesn't mean cops just yanking us from behind like that and dragging us kicking and screaming to their cop cars over things like jaywalking. This was harassment by cop, pure and simple. No. He didn't need to put his hands on her over something like jaywalking. For all your spittle flinging hyperventilating over it, jaywalking is not a criminal offense.
Anti-police sentiment outweighs anti-white privilege sentiment on DU.
kcr
(15,315 posts)If you search for my posts you'll find I'm never the one blabbering about white privilege not existing. In fact, it usually seems to me that the overlap between pro-cop faction and the white privilege doesn't exist faction is pretty big.
woo me with science
(32,139 posts)The attempt to normalize authoritarianism in America continues.
Rex
(65,616 posts)Ignoring everyone showing proof that he is WRONG. Funny how they just ignore you and keep repeating the same authoritarian line over and over.
indepat
(20,899 posts)police forces are best summed up by
Ikonoklast
(23,973 posts)My guess.
springchick
(137 posts)there to protect and serve the general public?
Arugula Latte
(50,566 posts)SoLeftIAmRight
(4,883 posts)bend over
uppityperson
(115,677 posts)to give ID but she can not be arrested for simply not giving ID.
JJChambers
(1,115 posts)How is an officer supposed to give her a ticket if she refuses to identify herself? Use some common sense. This isn't rocket science.
1. She committed an offense (jaywalking).
2. The police attempted to stop her, and she reacted like a spoiled 2 year old.
3. They attempted to identify her, presumably to issue a citation for jaywalking.
4. She refused to identify herself and was arrested; her tantrum reached epic proportions.
Next time you get pulled over for a traffic violation, try refusing to identify yourself and see how quickly you end up in handcuffs.
uppityperson
(115,677 posts)herself as is not arrested yet.
Melissa G
(10,170 posts)your '2' and '4' are not a facts but your derogatory interpretations. She did not hear them due to her earbuds.
Multiple men in uniform surrounding and then grabbing a woman is an intimidating experience esp if you believe you did not do anything to warrant it and are trying to figure out what is happening to you as you are just jogging.
Kingofalldems
(38,444 posts)Enthusiast
(50,983 posts)woo me with science
(32,139 posts)As is "outrageous," "disgusting," "authoritarian," or "unconscionable."
In that situation, in the United States of America, a friendly reminder of jaywalking rules should have sufficed.
It is beyond disgusting, the constant attempts to normalize authoritarianism and a police state mentality in the USA.
Gore1FL
(21,126 posts)The arrest came thereafter when she inexplicably escalated it. Did that deserve arrest? I don't know. I wasn't there and lack the facts to form an opinion.
If we don't want laws enforced, we shouldn't have those laws.
I don't think so. Because if that was what the police had done, we would have no story, would we? I'm going to use that word ridiculous again. No, we don't have to put up with a police force that treats us like this in order to have laws. A person jaywalking does not have to be treated as if they are leaving the scene of an armed robbery.
Gore1FL
(21,126 posts)if she didn't go into freak-out mode over the ticket.
Was that justification enough for the arrest? I can;t say. I don't have enough data to form an informed decision.
spooky3
(34,429 posts)I had to make several clicks to find the one by the witness, Quintero. The first frame showed her in handcuffs on the ground. If that's the one you saw, then you know it did not show even the alleged jaywalking or the initial contact.
The screaming was audible only much later, after multiple police had arrived and put her in the squad car. I could not hear what had been said that might have led to that screaming.
kestrel91316
(51,666 posts)pedestrians and women.
Enjoy your stay.
madokie
(51,076 posts)Gotten way out of hand
msanthrope
(37,549 posts)It shouldn't take a lawsuit to get justice in this country.
madokie
(51,076 posts)Where some of us made a mistake was when we thought we'd won the war when as this shows we only won some battles. I'm talking about us old hippies who fought for equality and just with a little bit of whats right thrown in for good measure.
mopinko
(70,071 posts)this shit is just gonna get worse and worse. there has to be some accountability.
one of the reasons the city of chicago had to float a big bond issue is to pay out over $20M to victims of jon burge. and they were the tip of the iceberg that broke open the evidence. there will likely be more.
cop have to be held accountable regularly. it's just how they are wired.
msanthrope
(37,549 posts)I think every single time there is a cop shooting, or other incident, if the news reported the chain of command, you might begin to see some interesting patterns.
mopinko
(70,071 posts)prosecutors need to get slammed for this shit, too. they let it go.
ritchie daley states attorney turned a blind eye to jon burge, went ahead and prosecuted bogus cases, and sent innocent men to prison. i wonder how many times he would have been re-elected if anyone had bothered to make an issue of those facts.
the taxpayers of state of Illinois, and the city of chicago are paying the price for this. literally. and with all the ink spilled about our latest bond issue very. very little was said about this as part of that cost.
hurry up interwebs. you are making the world a different place, shining lights in many dark places.
msanthrope
(37,549 posts)to not just hold the officers accountable, but look at the larger culture of corruption.
Ikonoklast
(23,973 posts)But cops will still argue against them based on 'cost'.
Laughable in the face of the cost of one lost lawsuit.
seattledo
(295 posts)Their management requires them to be dishonest on the streets, but then we're supposed to trust them to tell the truth in court?
Solly Mack
(90,762 posts)chrisa
(4,524 posts)not doing either deserves a thank you, according to cops.
KauaiK
(544 posts)The Austin Chief's comments are utterly w/o merit and staggering in their implications
alato
(43 posts)and i am just praying two porkers approach me like this. i will defend myself.
awoke_in_2003
(34,582 posts)alato
(43 posts)hobbit709
(41,694 posts)Police shootings have increased. He thinks he can demand a blood sample without a court order on random stops, and other authoritarian crap.
What little trust a lot of Austinites had for the police has pretty much evaporated.
Garion_55
(1,915 posts)uppityperson
(115,677 posts)SoapBox
(18,791 posts)LibDemAlways
(15,139 posts)This is just a couple of cops (who by the looks of them could use more exercise themselves) harassing a young woman just because they can. You'd think they might have something more productive to do -- like protecting the public from criminals. Total waste of taxpayer dollars.
Savannahmann
(3,891 posts)It came to me. Chief, you and your cops are lucky that the people of this nation are not as hot tempered as other places.
Of course, that may be changing. The people may be learning from places like the Ukraine.
Tom Ripley
(4,945 posts)Enthusiast
(50,983 posts)What an idiot!
Dawson Leery
(19,348 posts)Liberal_in_LA
(44,397 posts)mythology
(9,527 posts)I don't think he was actually trying to say that she should be grateful for not being sexually assaulted, but at the very least, he used an incredibly unfortunate choice of words.
Granted the police response from what I've seen was over the top, the pedestrian didn't do herself any favors either. So both sides should really learn from this. The arresting officers should learn how to better conduct themselves and be smarter/safer about how to alert people, the woman should learn to cross at crosswalks with the light and not be such a pain in the ass and the police chief should learn to say things out loud to himself before saying them to others.
pnwmom
(108,973 posts)And then he grabbed her from behind, and her big offense -- not knowing who had grabbed her -- was to try to jerk her arm away?
Also, she was at an intersection where lots of people were going against the light -- she probably just went with the flow. Yes, that was a mistake. But arresting her instead of just ticketing her -- like the others -- was way over the top.
Aerows
(39,961 posts)this type of police reaction is going to reach terminal velocity. When scaring the shit out of a pedestrian and restraining them instead of calmly catching their attention to inform them of a misdemeanor is standard procedure, bad things follow.
pnwmom
(108,973 posts)So that woman should feel extra lucky that didn't happen to her.
3-Day Suspension for a Cop's Sexual Assault? Terrifying Impunity in TX Police
An Austin police officer sexually assaulted a woman in the back seat of his cruiser, and she's not the first one he molested, she claims in court.
http://www.alternet.org/civil-liberties/3-day-suspension-cops-sexual-assault-terrifying-impunity-tx-police
(San Antonio) Texas police officer charged with sexually assaulting 19-year-old in patrol car
http://kdvr.com/2013/11/25/texas-police-officer-charged-with-sexually-assaulting-19-year-old-in-patrol-car/
Dallas Police Officer Arrested, Accused of Sex Assault While On-Duty
http://www.nbcdfw.com/news/local/Dallas-Police-Officer-La-Corie-Johnson-Arrested-Accused-of-Sex-Assault-Whi
ananda
(28,856 posts)This falls in the dumbfounded, openmouthed, OMG!!! category.
Words fail.
Brigid
(17,621 posts)Not sexually assaulting citizens is this guy's idea of "professionalism?"
gollygee
(22,336 posts)That's a defence for their behavior? At least they aren't raping people who are caught jaywalking?
underthematrix
(5,811 posts)because they stopped this young jogger for a reason and it DID NOT have anything to do with jaywalking.
tandot
(6,671 posts)"Shes lucky I wasnt the arresting officer, because I wouldnt have been as generous.
In other cities theres cops who are actually committing sexual assaults on duty, so I thank God that this is what passes for a controversy in Austin, Texas, Acevedo said."
He should be fired just for saying that. Really? The new normal is hoping that a cop doesn't assault you sexually?
woo me with science
(32,139 posts)warrior1
(12,325 posts)dogknob
(2,431 posts)DIM
Well. Well, well. Well, well, well, well, if it isn't little Alex. Long time no viddy, droog. How goes?
ALEX
It's... it's impossible. I don't believe it.
GEORGIE
Evidence of the old glazzies. Nothing up their sleeves. No magic, little Alex. A job for two, who are now of job age. The police.