In response...

NotStyro

Shared on Fri, 09/21/2007 - 17:17
This posting is in response to the comments left on my previous entry. This will be a very long entry. Apologies to those who hate reading.

I am not going to address anything that is considered rumor. I have not seen any video from prior to the videos I referenced previously, nor have I seen any video showing Meyers being social with the officers after being arrested and removed from the auditorium, but before being lead down to the lobby.


There is no doubt that Andrew Meyers was going on a bit longer than needed to ask a simple question. The uniformed officer behind him interrupted him after he had been speaking for about 30 seconds. That is far too long a time to ask whether Kerry wears boxers or briefs, but maybe a bit short for any deeper question.

For whatever reason, the officer acquiesced and allowed Meyers to continue speaking.

Meyers finishes his first question after about one minute, then says he has another two questions (was he answering someone? I couldn't hear anyone else). Apparently Meyers believed he should have been able to get in another couple questions. A bit excited and maybe obnoxious, but he is a young college student. Nothing illegal here.

Cutting the microphone to silence him should have been nearly the end of the ordeal. But due to the overly aggressive actions of the police officers, it was still just the beginning.

The officers had no need or reason to grab Meyers and pull him through the auditorium up to the main exit, then down some stairs to the lobby; perp-walks or parades can come later. You can easily see Meyers reaction to being grabbed by the officers. The officers actions were obviously offensive to Meyers. Their actions are a classic example of battery and not any reaction to anything Meyers had done up to that point.

Instead of grabbing Meyers, the officers could have surrounded him and tried to calm him down a bit, they could have directed him to a seat or to leave via the multiple doors behind the Q/A podium. In either case the officers would have maintained a relatively peaceful environment.

Despite the many other actions the officers could have taken, they elected to try to gain control of Meyers. Meyers being already excited and jumpy, became understandably frantic when the police were trying to wrestle and wrangle him up toward the exit. They kept up attacking him even when he stated that he just wanted to hear the response from Kerry.

This also would have been a good place for the police to stop attacking Meyers. While Kerry spoke more officers could surround Meyers and then slowly guide Meyers out through the nearest exit. Or place Meyers in restraints and remove him from the event.

As for Meyers yelling for help...So what would you do if you are being attacked by others that are well armed and supposedly well trained? Yell 'fire', or 'rape'? No, that is ridiculous, and stop with the strawman arguments, would be your answers.

Obviously, by yelling for help, and while surrounded by police officers, Meyers is simply trying to drive more attention to himself. Meyers cannot expect almost total strangers to try to fight the supposedly well trained police officers. If he had wanted to fight with officers then he should have made and brought more friends to the event. But then he and friends should expect a few decades-long stays in some state prisons.

As for resisting arrest, I firmly believe in the US citizens rights to habeas corpus. That is, our right to challenge our government and its agents against unlawful detainment, arrest and/or seizure of person and/or property. As such, if you are not knowingly doing something illegal, such as being allowed to speak at an event, and are then attacked by law enforcement officers without you having provoked the attack, you should certainly be able to defend yourself until either party calms down enough, or is incapacitated but sill able, to explain their actions.

How about an example – You and some friends went out to see a movie, afterwards all stood outside chatting for a few minutes. Just as you turned to leave you caught sight of a quickly moving object before it struck you in the gut. You double-over in pain and collapse on the ground. As you hit the ground someone grabs you from behind and pushes you face-first into the ground, starts twisting one of your arms and shouting “stop resisting arrest!!” and “he's fighting, call for backup!” Do you assume it is the police and go into castrated-citizen/limp-&-compliant mode, or do you curse, yell for help and start trying to fight your unknown attacker(s)? If it is the police you already have a charge of resisting arrest, possibly with violence, but an unknown primary charge. Yelling for help will get you another additional charge of inciting a riot, with still no known primary charge.

Lets say you are a typical guy and decide to fight your unknown attacker(s), because it could just be a couple of muggers or even friends playing a prank. You manage to fight off the one on top of you (battery on a police officer = loads of prison time) and just barely see the badge on the other officer before the taser probes hit and shock you. You have a bad heart so you pass out as your heart has trouble keeping a rhythm with the taser hit. When you come to, you are well beaten and bloody in the back of a cruiser – apparently the 'backup' saw you unconsciously twitch and thought you were going to 'resist' some more. You manage to ask the driving officer why you were arrested and he spits out the one-word charge - “loitering”.

Sure, a little exaggerated, but basically following the same route – you were attacked/arrested for committing an offense that most would say is very marginally to very much non-criminal (loitering or being obnoxious while speaking in public), without being notified of the charge. You yelled out for attention from others to notice your plight, and were rewarded with another ridiculous charge. You were tasered for failure to comply & resisting, even through the primary charge certainly wouldn't cover that level of reaction. Now you may have a lifelong criminal charge for an activity that barely warrants a warning.

Comments

SPEEDBYRD's picture
Submitted by SPEEDBYRD on Fri, 09/21/2007 - 17:39
I watched an cops episode some time ago, and it was filmed in England. Now they deal with many of the same issues as our police do, but MOST of them do it with out a firearm. They showed restraint, they were polite, they used hardly any force in all the arrests I watched. I guess it goes with out saying, we live in a violent society, and everyone keeps uping the ante. What is next, 2 gorillas on horse back galloping thru town with a net? Everyone deserves the right to be treated fairly. Now if you are in the middle of a felony arrest and the people you are chasing have guns, use force sure, but that force ends THE SECOND that the cuffs go on. Once you are restrained, so should it be with the officers. And in no time did that guy show any signs that he would hurt the officers or did he have or produce a weapon, and there were MORE than enough cops there to restrain him. Good post dude.
Raider30's picture
Submitted by Raider30 on Fri, 09/21/2007 - 17:43
> Overly aggressive? The female officer, who you might notice is shorter than Meyer, initially places her hand on his right arm and moves the arm down. That arm incidently was waving a book around right at her head/face level. Keep in mind this is AFTER Meyer had shown himself to be in an argumentative mood when he was asked to get to his question. The other male officer steps in and takes hold of Meyer's right arm so that he can turn Meyer around and get him started towards the aisle. During this time the female officer places her hand on Meyer's shoulder, not in an aggressive manner, as shown by her quite calm and clear directive to 'stop, stop'. She slides her hands down to his left arm as they begin to steer Meyer towards the aisle. Again every single response by the officers was dictated by Meyer's actions. There is just no way you can argue that fact. Meyer had clearly shown that he was in an argumentative mood, and suggesting that the officers 'surround' Meyer and then escort him out is ridiculous. You are making the clearly wrong assumption that Meyer was interested in a peaceful non-scene conclusion to the incident. Quite obviously that was not the case. Again I'll state to you, for the last time since you just don't seem to understand: You do not have the right to resist any arrest, whether lawful or not. If you have a problem with being arrested then you fight it out in the court system or you sue the cops, that is the way our system is set up. A final thought, your example is absurd. In it you have the person being struck suddenly by an unknown assailant causing them to collapse to the pavement. Meyer was clearly aware he was dealing with law enforcement. He was also clearly aware they wanted him to leave. Further the fact is, as I've already stated, the use of the taser to gain compliance is MUCH preferrable to the other tactics that were available to the officers, both in terms of Meyer's health/safety and the officers health/safety. Your expectations of what is legal and not legal, and what things the cops should or should not have done do not match reality. Your conclusions are as ridiculous as those people who claim that the cops should shoot someone in the leg when the person has a gun. In short I question the basis you have in forumlating your opinions and would in all seriousness suggest that you educate yourself as to what is "real" and what works and what doesn't work when dealing with someone. Oh just as a side note - Taser has never lost a court case with regards to its product having been the cause of a death or other permanent injury.
Raider30's picture
Submitted by Raider30 on Fri, 09/21/2007 - 17:45
"Cutting the microphone to silence him should have been nearly the end of the ordeal. But due to the overly aggressive actions of the police officers, it was still just the beginning. The officers had no need or reason to grab Meyers and pull him through the auditorium " Overly aggressive? The female officer, who you might notice is shorter than Meyer, initially places her hand on his right arm and moves the arm down. That arm incidently was waving a book around right at her head/face level. Keep in mind this is AFTER Meyer had shown himself to be in an argumentative mood when he was asked to get to his question. The other male officer steps in and takes hold of Meyer's right arm so that he can turn Meyer around and get him started towards the aisle. During this time the female officer places her hand on Meyer's shoulder, not in an aggressive manner, as shown by her quite calm and clear directive to 'stop, stop'. She slides her hands down to his left arm as they begin to steer Meyer towards the aisle. Again every single response by the officers was dictated by Meyer's actions. There is just no way you can argue that fact. Meyer had clearly shown that he was in an argumentative mood, and suggesting that the officers 'surround' Meyer and then escort him out is ridiculous. You are making the clearly wrong assumption that Meyer was interested in a peaceful non-scene conclusion to the incident. Quite obviously that was not the case. Again I'll state to you, for the last time since you just don't seem to understand: You do not have the right to resist any arrest, whether lawful or not. If you have a problem with being arrested then you fight it out in the court system or you sue the cops, that is the way our system is set up. A final thought, your example is absurd. In it you have the person being struck suddenly by an unknown assailant causing them to collapse to the pavement. Meyer was clearly aware he was dealing with law enforcement. He was also clearly aware they wanted him to leave. Further the fact is, as I've already stated, the use of the taser to gain compliance is MUCH preferrable to the other tactics that were available to the officers, both in terms of Meyer's health/safety and the officers health/safety. Your expectations of what is legal and not legal, and what things the cops should or should not have done do not match reality. Your conclusions are as ridiculous as those people who claim that the cops should shoot someone in the leg when the person has a gun. In short I question the basis you have in forumlating your opinions and would in all seriousness suggest that you educate yourself as to what is "real" and what works and what doesn't work when dealing with someone. Oh just as a side note - Taser has never lost a court case with regards to its product having been the cause of a death or other permanent injury.
Anonymous's picture
Submitted by Anonymous (not verified) on Fri, 09/21/2007 - 18:31
http://en.wikipedia.org/wiki/Habeas_corpus habeas corpus does not mean that the police cannot arrest you. It means that you cannot be help without being brought before a court, which then determines if there is sufficient evidence to charge you with a crime. Your example is lame...extremely lame and unrealistic...a blind attack outside a theater. A cop simply tackles you without any provocation or warning. It has no relevance to what actually happened. Meyer KNEW these were cops, he KNEW he was surrounded by them, and he KNEW what he was doing. Finally, stop just watching videos and drawing all of your conclusions from a limited amount of information and start reading the many articles that were written about the incident. You cannot dismiss these "rumor". Yeah, videos are easy and require little critical thinking. However there are FACTS in the articles that you might want to consider, rather than just dismissing everything that doesn't fit what really appears to be a (set in stone) preconceived notion about cops and authority. You really should go an check into the community police academy in your town and try and learn something about what police do and how they operate. Reality really is very different that what you relate in your blog. By your reasoning, people can skip the lottery and just hire a good civil lawyer and head out wait for the cops to attack. What's a few bruises in exchange for a good monetary settlement. :)
NotStyro's picture
Submitted by NotStyro on Fri, 09/21/2007 - 18:49
I seem to have been remiss in checking your profile, Raider. I didn't know you are somehow involved in law enforcement. That might make both of us somewhat less objective than what this discussion would warrant. At any rate, something you should know - argumentative != violent. A argumentative person will likely calm down if not engaged or further agitated. A violent person is generally out for blood, damage, etc. and doesn't want to stop until the action is fulfilled. You can easily talk down or wait out an argumentative person using passive, non-engaging and calm directions & suggestions. A violent person wants to fight you to the death and needs to be restrained asap before injury to itself or others happen. Meyer was obviously excited, jumpy and possible argumentative (he never really had a chance to engage Kerry). Letting him calm down while you are waiting for backup and/or arranging a strategy would have been a better plan. Such a strategy may be making sure the back exits are clear and officers are present and prepared should they be needed. I can now better understand why you believe there is no basis for resisting unlawful arrest, but as I understand it, resisting unlawful arrest is protected by our constitution. Other than that hurdle, I personally would much rather rationally discuss with an officer why s/he wants to arrest me. Your objective may be to arrest me, but my objective is to remain free. I would not ever think of surrender unless I knew I was wrong and was trapped, or I understood the how & why you wanted to arrest me. Oh, and don't bother to ask me what would happen if a partner drew a gun during the resistance fight, it would turn into a deathmatch. Just take heart in the fact the these are my opinions on the matter and with my being 40 years old and a fairly calm & peaceful person (outside of gaming). I don't see myself having any arrest/resistance situations, at least where I drew first blood...
Anonymous's picture
Submitted by Anonymous (not verified) on Fri, 09/21/2007 - 18:55
"resisting unlawful arrest is protected by our constitution" Where do you find this? The entire paragraph you wrote that contains the above quote is simply wrong. You do not have the right to resist arrest, even an unlawful arrest. There are mechanisms in place to protect your rights. You have been told this many times and yet you don't hear it. Lets make it simple...go talk to a lawyer and ask him what habeus corpus means, and then ask him if he advises you, in exercising your constitutional right, to resist the police if you, in your opinion, have decided that the arrest is not justified, lawful, or whatever.
NotStyro's picture
Submitted by NotStyro on Fri, 09/21/2007 - 19:27
Are you still babbling on about this, Dastard?! Damn, man, you can't put down a piss-poor & ridiculous notions such as 'resisting arrest without violence'? That means doing >anything
NotStyro's picture
Submitted by NotStyro on Fri, 09/21/2007 - 19:29
{yawns} Are you still babbling on about this, Dastard?! Damn, man, you can't put down a piss-poor & ridiculous notions such as 'resisting arrest without violence'? That means doing ANYTHING other than allowing the officer to restrain & arrest you. I just don't understand the mindset of allowing 'authority' figures to have carte blanche control over ones freedom. Different strokes...
NotStyro's picture
Submitted by NotStyro on Fri, 09/21/2007 - 19:30
Damn bbcode! (or whatever under documented feature is being used in forums, blog & comments)
Anonymous's picture
Submitted by Anonymous (not verified) on Fri, 09/21/2007 - 19:39
"Never Argue With An Idiot. He'll Drag You Down To His Level And Then Beat You With Experience. " I guess I'm beat. :) [And I will apologize in advance. I'm sure you are not an idiot. However, the quote seems apt in this circumstance as this has gone on too long and is pointless. You are, in my opinion, misguided. Different strokes as you call it. Unfortunately, I have to live in this world where "different strokes" seems the rule, not the exception.]

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