NBC Washington - Arrest of Man In Wheelchair Raises Concerns

[Mooney]

http://www.nbcwashington.com/news/local/Arrest-of-Man-In-Wheelchair-Raises-Concerns-122423619.html?dr

looks almost like a double DDT....

.....that'll teach him to resist arrest again.

Monday, May 23, 2011 | Updated 11:03 AM EDT

By Michelle Tetu

Thousands of people have already viewed the video on YouTube (Warning: graphic language/images). It was taken by a passer-by on Thursday afternoon. It has people questioning whether Metro Transit Police were justified in subduing the man who was in a wheelchair.

The incident happened at around 3 p.m. outside the U Street-Cardozo Metro Station.

Metro Transit Police were on routine patrol at the station when they spotted the man in a wheelchair drinking an alcoholic beverage, according to Metro Spokesperson Steven Taubenkibel.

The officers asked him to leave the area but he refused, police say. The officers attempted to give him a citation.

When he refused to cooperate, they told him he would be arrested, according to a statement issued by Metro.

The statement goes on to say "the patron resisted arrest which resulted in him falling out of his wheelchair."

link for rest

[G.A.C.O.L.B.]

Remember when PG County police shot the man in the wheelchair maybe 8 or 9 years ago? After they patted him down. He went from being paralyzed from the waist down to paralyzed from the neck down.

[TimmySmith]

These officer were in a no-win situation. Then they did something stupid.

[Destino]

"the patron resisted arrest which resulted in him falling out of his wheelchair."

I really don't like police officers thinking so little about the intelligence of the public they serve that they would make such a statement. They might as well just say "What happened? **** you. That's what happened." It would be less insulting.

BTW - perhaps I missed it but they never said if the dude in the wheel chair was paralyzed or not. I think that's a major point to clarify for the journalist reporting on this being that the police are claiming he stood up.

[RonArtest15]

I saw the vid yesterday....it was AWFUL. Those officers should be ashamed of themselves and hopefully will face some sort of reprimand for what they did. That dude was LEAKING all over the street due to their excessive force. I don't know if he has any grounds to sue (and I'm never one to cry "lawsuit"), but he needs to. Those guys give the police a real bad name...

[NavyDave]

So what did the wheelchair bound guy do before the passerby started recording? Was he belligerent toward the officers? Did he throw something at the officers?

The cops probably did not take into consideration that the guys weak legs would not support his weight when they attempted to do the usual takedown.

I like PG County cops, they are not to be effed with so if someone decides to get lippy, uppity or attempt to intimidate them instead using common sense and saying yes sir no sir after decades of instances that they will put their foot in your behind, thats your fault.

[Popeman38]

Well, it appeared the officers were going to simply lift the man and cuff him until his left fist made contact with the officers face. As soon as that happened, I think instinct kicked in and the officers reacted like they would to a "normal" individual resisting. If you watch the post-take down portion of the video, the officers seem to realize that the man poses no threat and tries to keep everyone calm.

On a side note, NBC4 reporter tries to inflame reaction, by doing a voice over stating that the man did not receive medical treatment until after an ambulance arrived several minutes later. Duh! That is always when people receive medical treatment.

---------- Post added May-23rd-2011 at 01:43 PM ----------

So what did the wheelchair bound guy do before the passerby started recording? Was he belligerent toward the officers? Did he throw something at the officers?

The cops probably did not take into consideration that the guys weak legs would not support his weight when they attempted to do the usual takedown.

I like PG County cops, they are not to be effed with so if someone decides to get lippy, uppity or attempt to intimidate them instead using common sense and saying yes sir no sir after decades of instances that they will put their foot in your behind, thats your fault.

A) It was Metro Transit Police, not PG County.

the man was drinking a beer at the U St Metro station at street level.

Metro Transit Police were on routine patrol at the station when they spotted the man in a wheelchair drinking an alcoholic beverage, according to Metro Spokesperson Steven Taubenkibel.

The officers asked him to leave the area but he refused, police say. The officers attempted to give him a citation.

When he refused to cooperate, they told him he would be arrested, according to a statement issued by Metro.

The man was taken to the hospital. His injuries were minor, police say. He was arrested for assault on a police officer and drinking in public.

In the video, the man's left fist makes contact with the officers face. That is assault, wheelchair or no. That was before he was thrown to the ground. He was drinking in public, also illegal. He was asked to simply leave the area, no harm no foul. He refused and became belligerent. He was going to be cited for drinking in public, and was again belligerent. Things escalated because of the actions of the individual.

[frostyj]

I ageree with Popeman.

You can clearly see the guy hit the officer while still seated.

Non story IMHO, since the disabled want to be treated equally!

[Titaw]

I was listening to the Junks this morning and they were discussing it. After watching the video (thanks Popeman for pointing out the punch to the face) I see nothing out of the ordinary. The officers were attempting to cuff him, he punches the officer on the left in the face, both officers take him to the ground, and they restrain him. Their technique was poor and they were caught off guard, but I was fully expecting to see a beat down but these officers used the appropriate amount of force and immediately laid off of him once the threat was mitigated.

[Mooney]

.....he almost took that cops head off with that punch.

[elkabong82]

I like PG County cops, they are not to be effed with so if someone decides to get lippy, uppity or attempt to intimidate them instead using common sense and saying yes sir no sir after decades of instances that they will put their foot in your behind, thats your fault.

Funny, that was the same defense used to justify police brutality against African Americans in the 50s. Police are humans too, they can make mistakes, just like they did in this case. I don't see how taking down a guy in wheelchair qualifies as necessary force. The guy can't outrun them, he can't even put his hands on them unless they are within reach.

How exactly do you not take into account a guy in a wheelchair likely has weak legs, if they work at all?

[Dan T.]

but I was fully expecting to see a beat down but these officers used the appropriate amount of force and immediately laid off of him once the threat was mitigated.

Another way to mitigate the threat might have been to...I don't know...maybe STEP BACK three feet for a couple seconds. These guys goofed. They should have been able to arrest the guy without a face plant into the cement sidewalk.

[elkabong82]

I was listening to the Junks this morning and they were discussing it. After watching the video (thanks Popeman for pointing out the punch to the face) I see nothing out of the ordinary. The officers were attempting to cuff him, he punches the officer on the left in the face, both officers take him to the ground, and they restrain him. Their technique was poor and they were caught off guard, but I was fully expecting to see a beat down but these officers used the appropriate amount of force and immediately laid off of him once the threat was mitigated.

I didn't see a punch. I saw the left hand go up, but the cop looked to be way too close for the guy to have room enough to throw a punch. I'm not saying the guy didn't deserve to be arrested, he was obviously being difficult the entire time to the point where cops just issuing a citation then went to arrest him instead. I'm simply saying that the take down was unnecessary force. The guy in the wheelchair put his arm up, so step back and tell him that if keeps resisting then you will take him down and cuff him. The guy wasn't going to escape, can't hit you unless you're within reach, There was no threat, and he could have been restrained without the take down. Seems to me they were likely frustrated with the situation, as anyone would be, and had a lapse in judgment over how to end the situation once the guys hands went up.

I don't think these cops are terrible people who do this type of abuse all the time, but I do think they had a lapse in judgement here.

I think this situation is easily resolved by having both parties meet, admit where each of them was wrong, and both sides learn from it and maybe the mistakes made by both sides aren't repeated in the future.

[Popeman38]

.....he almost took that cops head off with that punch.

Force of the punch makes no matter. He physically assaulted police officer by punching him in the face. Like I said, it was a reaction of being punched that immediately results in suspect going down. That was reaction, not stop to think about it. This guy was being charged with PI, if he doesn't punch the cop, nothing happens. Think about that. He punched a police officer. These guys are trained and trained and trained on how to react to this situation. They are taught to do exactly as they did. Unfortunately, this guy was disabled and the takedown force met very little resistance. All that leads to face plant. No criminal misconduct on the officers part, and they handled themselves quite well after the fact.

---------- Post added May-23rd-2011 at 02:39 PM ----------

I didn't see a punch. I saw the left hand go up, but the cop looked to be way too close for the guy to have room enough to throw a punch. I'm not saying the guy didn't deserve to be arrested, he was obviously being difficult the entire time to the point where cops just issuing a citation then went to arrest him instead. I'm simply saying that the take down was unnecessary force. The guy in the wheelchair put his arm up, so step back and tell him that if keeps resisting then you will take him down and cuff him. The guy wasn't going to escape, can't hit you unless you're within reach, There was no threat, and he could have been restrained without the take down. Seems to me they were likely frustrated with the situation, as anyone would be, and had a lapse in judgment over how to end the situation once the guys hands went up.

I don't think these cops are terrible people who do this type of abuse all the time, but I do think they had a lapse in judgement here.

They were that close because they were in the process of standing him up to cuff him. It was a whole lotta circumstance that came together at the precise time to cause a ****ty situation.

[elkabong82]

Force of the punch makes no matter. He physically assaulted police officer by punching him in the face. Like I said, it was a reaction of being punched that immediately results in suspect going down. That was reaction, not stop to think about it. This guy was being charged with PI, if he doesn't punch the cop, nothing happens. Think about that. He punched a police officer. These guys are trained and trained and trained on how to react to this situation. They are taught to do exactly as they did. Unfortunately, this guy was disabled and the takedown force met very little resistance. All that leads to face plant. No criminal misconduct on the officers part, and they handled themselves quite well after the fact.

---------- Post added May-23rd-2011 at 02:39 PM ----------

They were that close because they were in the process of standing him up to cuff him. It was a whole lotta circumstance that came together at the precise time to cause a ****ty situation.

Handled themselves well after the fact? They let the guy lay there bleeding as standers-by asked them to take care of him. Police are taught to read a situation and react accordingly. A guy in wheelchair putting his arm up, and the only solution the cops had was to take him down? How about simply stepping back? How about just putting a baton in the wheel spoke, waiting for the guy in the wheelchair to calm down, and telling him either take the citation or be arrested? How about 1 cop goes behind the wheelchair and wraps his arms around the guy from behind the wheelchair while the other cop then puts the cuffs on?

Or how about just simply stepping back and telling him if he puts his hands up again that you will then be forced to take him down? Taking down a guy in a wheelchair should be the last solution, and a warning of such should precede it.

They went to arrest him, he put his hand up, and the first thing the cops do is slam him to the ground. You can say the guy resisted arrest and the cops were justified, but was their solution really the best one possible? I don't believe it was.

[19Skins72]

Another way to mitigate the threat might have been to...I don't know...maybe STEP BACK three feet for a couple seconds. These guys goofed. They should have been able to arrest the guy without a face plant into the cement sidewalk.

So you want your police officers to step back three feet for a couple of seconds after they are assaulted, so that they can calmly re-attempt to mitigate the threat?

:ols:

[Popeman38]

They went to arrest him, he put his hand up, and the first thing the cops do is slam him to the ground. You can say the guy resisted arrest and the cops were justified, but was their solution really the best one possible? I don't believe it was.

You ever been a cop? Or dealt with angry/drunk/belligerent people who will dismiss anything you say?

1) They asked his to simply leave the scene, no harm no foul.

2) When he refused, they stated they were going to cite him.

3) When he became belligerent and refused the citation, the cops informed him he was to be arrested for PI.

At this point, they had done everything you suggested. At the point they decided to arrest him, a cop took up a position on either side to lift and cuff him. Watch the video. He clearly threw a punch at the officer on the left. He made contact and immediately the force went up a notch. The victim did himself no favors here, and the result is a cut on the head. Minor injury. The guy was arrested for PI and assault on an officer. But what caused all of this is the man's action. Personal accountability has be discussed. None of this happens if he leaves when instructed to do so. You think the cops wanted to do this? You know how much paperwork is involved in an arrest with injury? They had to accompany the man t the hospital for treatment. Then they have to transport him to the station house, where booking take place. Then all the paperwork has to be done. These cops probably spent in excess of 6 hours dealing with this one arrest. Which is why their first reaction was to tell him to move along. They don't want to arrest you. If you want to be arrested they will oblige, but you are ruing their day just as much as they are ruining yours. Again, no one gets arrested just because. You gotta earn it.

[Dan T.]

So you want your police officers to step back three feet for a couple of seconds after they are assaulted, so that they can calmly re-attempt to mitigate the threat?

:ols:

Yes.

[Popeman38]

Yes.

Umm, yeah, gotta say your crazy if this is truly how you feel. If you are assaulted, the last thing you want to do is give a suspect more time and space. Quite the opposite in fact. You want to eliminate the threat as swiftly and efficiently as possible. Time and space often leads to escalation of force.

[Madison Redskin]

I like PG County cops, they are not to be effed with so if someone decides to get lippy, uppity or attempt to intimidate them instead using common sense and saying yes sir no sir after decades of instances that they will put their foot in your behind, thats your fault.

That's exactly the type of cop we need - a power-tripping **** with a hair-trigger temper and a gun.

I am always respectful to cops, in part because that's how I was raised and in part because I don't want some idiot popping a cap in my ass. That said, I expect that people taxpayers pay to police the streets have half of a brain, some judgment, and only use physical force or threats when necessary. Apparently, many other people, including you, have lower expectations for cops.

[LeesburgSkinFan]

Good. Maybe this drunken bum will think twice from now on.

[A Walton]

A bit excessive but a drunk in a wheeled chair who struck an officer......take out one part of that equation and that drunk gets a baton beat down.

[Dan T.]

If you are assaulted, the last thing you want to do is give a suspect more time and space. Quite the opposite in fact. You want to eliminate the threat as swiftly and efficiently as possible. Time and space often leads to escalation of force.

Ordinarily yeah. When the guy is confined to a wheelchair, not so much.

[Popeman38]

Ordinarily yeah. When the guy is confined to a wheelchair, not so much.

At that point, instinct and training response kick in. You get punched, as quickly and efficiently as possible you eliminate the threat. They did that. There is no deference paid to the gentleness afforded the assaulter. Yes, it looks bad on the news, in a 15 second clip. You have no idea how long this had been going on. Dude was drunk, belligerent, and had now assaulted a cop. At what point do you say he brought this on himself? If he had pulled a knife out and tried to stab the officer? You don't allow escalation after the punch. You end the threat immediately. Your safety takes priority over the well being of the assaulter. Period.

[Dan T.]

At that point, instinct and training response kick in. You get punched, as quickly and efficiently as possible you eliminate the threat. They did that. There is no deference paid to the gentleness afforded the assaulter. Yes, it looks bad on the news, in a 15 second clip. You have no idea how long this had been going on. Dude was drunk, belligerent, and had now assaulted a cop. At what point do you say he brought this on himself? If he had pulled a knife out and tried to stab the officer? You don't allow escalation after the punch. You end the threat immediately. Your safety takes priority over the well being of the assaulter. Period.

You made some legitimate points in there. Too bad they're buried in a load of crap.

---------- Post added May-23rd-2011 at 04:05 PM ----------

A Metropolitan DC cop says it should have been handled differently. (The arresting officers were Metro Transit cops.)

“I don't believe I would have gone that far. I don't believe I would've removed him from the wheelchair," says the cop.

The officer asks to remain anonymous because he doesn't have permission to speak about the incident. He points out that one way the cops could have avoided the controversial take down was by thinking things through. The suspect in the video looks as if he's in a motorized wheelchair, and "you can simply unplug those things from the battery," he says. Though that wouldn't have helped the suspect get into handcuffs, it would have taken the situation down a notch.

Another observation he makes is that the arrested man was left on the ground for too long. In the video, the officers don't seem to be making an effort to pick him up. That's something MPD avoids because of "positional asphyxiation," he says.

http://www.washingtoncitypaper.com/blogs/citydesk/2011/05/23/mpd-cop-would-have-handled-wheelchair-arrest-differently/

The police officers didn't break the law. But I bet if you talked to them privately, away from the media, away from the public, and away from any internal affairs officers, they would tell you that if they could do it over again, they would have handled it differently.