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Extreme Overuse of Force by Omaha PD

whatbogsends

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"In March, 32 officers flooded an Omaha, Neb., home in an attempt to recover video evidence of police misconduct and brutality, a new lawsuit claims.

The suit filed Monday by the American Civil Liberties Union seeks damages suffered during the incident, which allegedly started over a parking ticket.

From an ACLU press release:

On Mar. 21, 2013, two officers responded to a request from a tow-truck driver who was removing unregistered vehicles. The lawsuit alleges that when Octavius Johnson walked up to try to determine what was happening to the family's cars, Octavius was placed in a chokehold, thrown to the ground and beaten. In the video, it appears as if the officer who struck Octavius looks around to ensure he is alone and then begins to hit Octavius.

Brothers Juaquez and Demetrius Johnson filmed the altercation. More than 20 officers arrived, including a commanding officer, and "chased Juaquez into his home and conducted a search without a warrant," the release said.

"Inside the home, Sharon Johnson, aunt to the Johnson brothers, was thrown from her wheelchair while Juaquez was thrown to the floor and repeatedly struck," the release said. "Officers did not help Sharon back into her wheelchair and instead placed her in handcuffs.""


Family Sues Omaha Police Department After Parking Ticket Home Raid

A second video, taken by a neighbor watching from his home, can be seen below, which captures the both the initial abuse of the police officer levied against a person who doesn't want his car towed (does not engage in any physical resisting, and is clearly assaulted by the officer while his back is to the officer at 7 seconds into the video), as well as the response of the Omaha police department to his brother filming the incident. His brother who was "guilty" of filming his brother being assaulted (not a crime), is pursued into his house by over 20 police officers, who storm the house (without any sort of warrant) in pursuit of the brother. These officers then not only storm the house and conduct an illegal search, but also illegally confiscate and destroy the video evidence. During this illegal activity by the police, they seriously injure their aunt who was in the house in a wheelchair (threw her from her chair and repeatedly struck her).

This isn't "one bad cop". It is a clearly corrupt precinct, in which over 20 officers were involved in not only committing violence against citizens, but a cover up. The ramifications? 6 police officers lost their jobs. This bears repeating - at least 20 officers (one article cites 32 officers on the scene) were complicit in illegal entering and confiscation of evidence, some assaulted citizens, to boot, and 6 - six - of them face repercussions (none of the repercussions being criminal charges).

If it wasn't for the additional video of a neighbor across the street, there would have been no consequence for the police, the 3 brothers would have been found guilty of the charges against them (false charges), and the aunt would still be injured (lawsuit pending to have compensation for the injuries she sustained).

http://www.youtube.com/watch?v=Fg5T4AZb7o4


Former Omaha police officer James Kinsella was sentenced Thursday to 12 months probation for removing and destroying a memory card from a cell phone camera used to record a 2013 arrest in which officers were accused of using excessive force during a towing dispute.

He had pleaded no contest to two counts of obstructing government operations. Judge Peter Bataillon found Kinsella guilty of the misdemeanor charges. Kinsella agreed not to contest to the revocation of his law enforcement certification. Without the certification, Kinsella can no longer serve as a police officer in Nebraska.

Kinsella didn't comment in court or leaving court. His attorney told the judge that loss of his career and pension was punishment enough in asking for probation.


Former Officer Gets Probation In Excessive Force Case

"Officer Dyea Rowland, who was fired Wednesday, was the first on the scene to handle a parking complaint in March in Omaha, and is visible in a video taken by a neighbor. The video shows another early responder, Officer Bradley Canterbury, one of four officers fired in April, throwing Octavious Johnson to the ground, handcuffing him and later appearing to strike him several times.

Another fired officer, James Kinsella, was charged with felony evidence tampering and misdemeanor obstruction and theft. He was accused of destroying a camera memory card used by Juaquez Johnson, Octavious Johnson's brother, used to record police officers' actions at the scene.
...
Kinsella's supervisor, Sgt. Aaron Von Behren, faces misdemeanor charges for orchestrating a cover-up.
"


Omaha, Neb., police investigation ends, sixth officer fired - UPI.com

Let sum this up. 20 cops engage in illegal activity. At least 4 of those twenty additionally tried to cover up the crime and destroy evidence. For these crimes, loss of career and pension is enough, no need to have criminal charges. The sergeant who assisted the cover up? Misdemeanor.

Bad cops covering for bad cops, multiple criminal acts caught on tape and none of them facing any criminal consequences.

This is the problem with the police. Even in instances in which they are clearly guilty of criminal acts - not just "spur of the moment, bad decision", but cover-up, illegal destruction of evidence, and assault of family members because they were family members of someone they were targeting (not even because of a crime, but because that person had evidence of the police officer's crime), and justice is not served.

But let's hear from the conservatives on this board how this isn't so clear cut, and how the poor officers have such a tough job. I'm waiting.
 

whatbogsends

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36 views, and the only response has been a joke. No defense or criticism (or even discussion) of the actions of 20+ officers from the Omaha, NE Police Department, who committed criminal acts and attempted to cover it up. The cover up was not limited to the officers on the scene, but the sergeant they reported to.

Also, in the second article i linked in the OP, there was this gem:

"A third obstacle was it didn't appear officers were going to testify against each other."

Former Officer Gets Probation In Excessive Force Case

We've seen defenders of police brutality in the Garner case say "the cops didn't have a choice but to enforce the law regarding the sales of 'looseys' (and because Garner voiced objection and squirmed, were entitled to place him in a choke hold to subdue him)", but police officers have repeatedly shown they use discretion regarding what laws to prosecute. Here, they even show they use their own discretion regarding which laws to follow.
 
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dont expect many replies. the cop sycophants shy away from stories that they distort some kind of defense for the cops out of.

i will bet cold hard cash that when these issues go before union arbitration, much of the punishments will be reversed or lightened.

and people wonder why i have no sympathy for dead cops. its because we dont have enough dead cops.
 
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PreachersWife2004

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I wasn't responding here because I already had this conversation in a different thread.

I recall asking what the logic was of having over 20 cops respond to a parking violation. You want a riot atmosphere, that's the quickest way to get one.
 
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Stories like this make me extremely proud of my country. Sure, we have problems, but you can bet that if something like this ever happened in the UK (it wouldn't), we'd have the Independent Police Complaints Commission all over it, and the officers in question would have been punished as criminals.

I honestly find it difficult to reconcile the fervent patriotism experienced by so many Americans when disgraces like this are happening on a monthly basis (and those are just the media-worthy ones).
 
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Vylo

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Stories like this make me extremely proud of my country. Sure, we have problems, but you can bet that if something like this ever happened in the UK (it wouldn't), we'd have the Independent Police Complaints Commission all over it, and the officers in question would have been punished as criminals.

I honestly find it difficult to reconcile the fervent patriotism experienced by so many Americans when disgraces like this are happening on a monthly basis (and those are just the media-worthy ones).

Americans held a lot of trust in police for a long time, and it seems that resulted in turning a blind eye to a lot of abuse going on. It was mainly happening to "other" people, so there wasn't much concern. As more of it has become reported and it has spilled over into majority demographics, attention has been drawn to it. Hopefully this will result in reforms and better standards, but there seems to be considerable resistance to it.
 
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whatbogsends

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Americans held a lot of trust in police for a long time, and it seems that resulted in turning a blind eye to a lot of abuse going on. It was mainly happening to "other" people, so there wasn't much concern. As more of it has become reported and it has spilled over into majority demographics, attention has been drawn to it. Hopefully this will result in reforms and better standards, but there seems to be considerable resistance to it.

I would agree with almost everything you've said. It's a complicated issue, and there are a lot of factors at play.

1. With most citizens now "armed" with cameras, there is more and more clear evidence available of police engaging in questionable or illegal behavior. This has helped bring this topic into mainstream conversation.

2. With many citizens now "armed" with guns, and public shootings becoming more and more common, police are likely to perceive threats and escalate situations more quickly than they had in the past. When they are done inappropriately or using poor judgement, they feed into the list of evidence of questionable or illegal police behavior available.

3. In many (i would argue most) areas, the legal systems, encompassing the courts, lawyers and police departments are "in it together", and all have the tendency to "protect their own". Police unions are as corrupt as other unions, and further protect bad officers. Due to how hard it is to actually prosecute bad cops, even the good cops are probably hesitant to report unlawful/inappropriate activity by their peers, as a) the charges will likely get ignored/dismissed, and b) they may face retaliation (there's a reason why whistle-blower protections were created, because those who expose corruption within a system often get punished by those in the system, rather than rewarded for bringing truth forward). The lack of prosecution against bad cops further emboldens bad cops to act "above the law".

Let me be clear. I'm not someone who is calling for the blood of police, although i understand the sentiment of those personally wronged by police. I am in favor of reform of the system, but, as we've seen, even when people in power express the sentiment that they system needs reform (Mayor DeBlasio, anyone?) they are villainized by the police, as the law enforcement apparatus only concedes reform is necessary when prevented with specific, undeniable evidence, and even then, they claim that the evidence is not a reflection of the system, but of "one bad cop". This case in Omaha, NE, is clearly an example of a thoroughly corrupt police department, as not only did they commit the acts with impunity, but higher ups in the department worked to cover up the acts after the fact. The consequences for the police officers involved have been underwhelming thus far.
 
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whatbogsends

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I'd personally like to see both or all sides of the issue before coming to an opinion

Have you read the articles linked? This happened in March 2013. At least one of the police officers plead guilty to attempted cover-up

From the 2nd link i posted:

"He had pleaded no contest to two counts of obstructing government operations. Judge Peter Bataillon found Kinsella guilty of the misdemeanor charges. Kinsella agreed not to contest to the revocation of his law enforcement certification. Without the certification, Kinsella can no longer serve as a police officer in Nebraska.

Kinsella didn't comment in court or leaving court. His attorney told the judge that loss of his career and pension was punishment enough in asking for probation.

Douglas County Attorney Don Kleine was disappointed, saying Kinsella should have gotten a jail sentence. Community activist Robert Wagner attended the hearing and said probation sends the wrong message to both the community and other police officers."
...
"Charges were dismissed Monday against former OPD officer Aaron Von Behren. He was facing one charge of accessory and one count of obstructing government operations.

Regarding those dismissed charges, Kleine said, "We wanted to proceed on Von Behren," but he said they ran into roadblocks on several fronts.

It appears from other officers’ accounts from the day in March 2013 that there wasn't anything even on the memory card Kinsella destroyed. In addition, the internal investigation reports in which a sergeant had been interviewed couldn't be used in court. A third obstacle was it didn't appear officers were going to testify against each other.
"

I'm not sure what the "other side" you want to hear? Before the video posted in the OP was released, the only "side" we heard was that the Johnson family resisted arrest, and were criminally charged. The video represents the "other" side of the story. The side of the story that wasn't contained in the police reports. It's now been 21 months, and while there has been a legal finding of crimes committed by officers involved, no criminal sanctions have been levied against the officers, as "loss off career is punishment enough".

Feel free to withhold judgement. I'm just wondering what else needs to be seen or heard for you to have an opinion.
 
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BornAgainBrian

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By "both sides" I mean both that I would like to hear from representatives of both sides of any one issue and that I would like to read the story from sources representing both sides (or more) of the political spectrum.

For example, AllSides.com (just one of many internet resources for this sort of thing), rates Huffington Post as being a far left leaning publication. That being said, if I was to take the word of such a publication, and I wanted to remain objective myself, I would also have to hear what a far right publication (such as CBN or FoxNews) might have to say about it. I prefer to stick with more central publications or those which have minimal slants, personally, but if necessary, I'll look at the ones with more extreme slants. I just prefer to balance that with an extreme slant to the other side.
 
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whatbogsends

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By "both sides" I mean both that I would like to hear from representatives of both sides of any one issue and that I would like to read the story from sources representing both sides (or more) of the political spectrum.

For example, AllSides.com (just one of many internet resources for this sort of thing), rates Huffington Post as being a far left leaning publication. That being said, if I was to take the word of such a publication, and I wanted to remain objective myself, I would also have to hear what a far right publication (such as CBN or FoxNews) might have to say about it. I prefer to stick with more central publications or those which have minimal slants, personally, but if necessary, I'll look at the ones with more extreme slants. I just prefer to balance that with an extreme slant to the other side.

It's a tad difficult to present what the mainstream media said about this, as it doesn't appear to have been covered at all by Fox or CBS (i tried several searches to no avail). To me, their deafening silence on this speaks as to their "slant" on the topic.

Other than the Huffington Post link (which i agree, is far left), all of the other sources were local news sources (don't know enough about them to know their bias - i would guess they're relatively centrist, but i can't say for sure). The earlier stories on this topic (within the first 2 weeks of the event) contained statements that the Omaha PD didn't think there was any wrongdoing by police officers, but that it would be looked into. It wasn't until an external investigation and a lawsuit by the ACLU that real action was taken.
 
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BornAgainBrian

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I'm certain that there are cases that police overstep their authority, sometimes to terrible consequences. This may well be one of those cases. However, there is such an uproar now regarding police. Half the nation seems to always take the side of the cops and half the nation seems to always take the side against the cops, no matter what. I want to do what I can to keep myself from jumping to either conclusion from the get-go in any one case.

The ACLU has done some great things and, in my opinion, some terrible things. I'll hope this one is on the "great" side.
 
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whatbogsends

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I'm certain that there are cases that police overstep their authority, sometimes to terrible consequences. This may well be one of those cases. However, there is such an uproar now regarding police. Half the nation seems to always take the side of the cops and half the nation seems to always take the side against the cops, no matter what. I want to do what I can to keep myself from jumping to either conclusion from the get-go in any one case.

The ACLU has done some great things and, in my opinion, some terrible things. I'll hope this one is on the "great" side.

I understand the polarization going on. This incident predates the recent media polarization, but i'm putting it out there to contrast the claims that "bad cops are the vast minority" and "there's nothing wrong with the system".

I don't think even the mainstream left-wing media (msnbc, for instance) is "anti-cop". Any mainstream media source is generally pro-establishment and the police are part of the establishment. The left wing media only brings attention to police misconduct when race is involved, as they are in the business of race baiting, trying to make minorities believe that they (i.e. Democrats, who they are mouthpieces for) are "in their corner". The reality of it is that both parties and mainstream media entities are pro-establishment, pro-corporation, but speak primarily to divisive issues to divert attention away from the corruption that both parties engage in.
 
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BornAgainBrian

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I've worked hard throughout my life to remain as "colorblind" as possible. I can't make others do the same, but I can't bring myself to take someone's race into consideration when making a decision about a situation. When I see others do so, they tend lose credibility in my mind, which is one of many reasons I avoid either side's mainstream media representatives!
 
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Sistrin

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From what has been posted here I do agree the police reaction in this case was unjustified, beyond what was called for. In the Ferguson case I defended the police officer. I see this case as an example illustrating the belief police have been granted too much power.
 
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