My last video, about the Special Olympics Medalist who was followed, and then violently arrested, by a Clearfield, Utah police officer, made the TV news in Utah. A reporter actually went to the bar and interviewed Shawn, as well as the bartender, and others, which was fantastic. The Clearfield Police Department responded. But is their response adequate?
In Clearfield, Utah, Officer Fratto of the Clearfield Police Department violently arrested (and injured) a local long-time Special Olympics medalist. Shawn was just trying to walk home from his favorite karaoke bar, but Officer Fratto thought Shawn looked suspicious, so he began to follow him (and scare him) as he was walking home. Shawn had committed no crime. No crime had been observed or reported.
Fratto eventually jumped out of his police cruiser and detained Shawn, claiming he saw him illegally jaywalk. He demanded Shawn provide his “ID.” However, Shawn answered all questions asked by Fratto, who never asked Shawn his name or date of birth. Shawn knew that he was being harassed and did not want to provide his ID to Fratto, who continue to bully him and escalate the situation. Fratto chose violence and took Shawn to the ground, injuring him. Fratto’s supervisor showed up and helped coverup the misconduct.
Luckily, Shawn had a friend from the bar who helped him get the bodycam footage and communicate to the prosecutor and judge in court, resulting in the bogus charge being dismissed. But unfortunately, the incident has had a lasting negative effect on Shawn.
Screenshot excerpts used in the video:
Cops with the Idaho Falls, Idaho Police Department busted in an innocent family’s home, breaking their front door, looking for a third party fugitive. Though the homeowner knew his constitutional rights and demanded a warrant, the cops claimed they didn’t need a warrant because they believe a dangerous fugitive (the girlfriend’s brother) was inside. They did come inside and forced the family outside into the cold for about 30 minutes.
During this time period they handcuffed the dad, even though he was suspected of no crime and there was no search warrant for the home. The problem is, according the U.S. Supreme Court in the 1981 opinion in Steagald v. United States (1981), exigent circumstances to enter a home do not exist merely because the police know the location of a fugitive, even if they possess an arrest warrant for that person. They must also have a search warrant for the residence.
Surprise Police Chief Piña recorded an internal message video for his police officers about a week after the arrest. In it, he defiantly and irrationally claims that there was no First Amendment violation. He also has another officer, who gained valuable experience in First Amendment (and other) violations, while working at the Phoenix Police Department, give the officers advice on how to respond to encounters with so-called First Amendment Auditors.
Here’s the first video I did on this.
UPDATE on the crazy vigilante bicyclist of Park City, Utah that I did a video on last week.
Road construction workers are facing felony assault and kidnapping charges after claiming they were the ones assaulted by a mystery driver. Even though the workers told the responding officers they believed the perpetrator was drunk, they let him drive away without a DUI investigation. It’s a secret case sealed by the courts, and authorities won’t say the name of that driver. As it turns out, the mystery driver was an off-duty police officer. Ten days after the incident, the workers were scheduled to have a TV news interview about the assault by the mystery off-duty cop. But instead, police officers arrested them prior to the interview.
Media report here.
This is the intersection where the incident occurred:
This is the actual photo of the off-duty cop’s car in the construction zone:
In Park City, Utah, a 73 year old bicyclist named Gary Peacock followed a 22 year old driver into a park. Claiming the young driver drove “too close” to him, as Peacock was riding his bike in the road, Peacock forcibly held the young man in his car, refusing to allow him to leave, as he called the police. The 22 year old, Pierce Kempton, uploaded the video to social media and it went viral. I spoke with him and got the full story.
Here’s the citation that was issued to Pierce:
This is the Utah statute that Pierce was initially charged with:
Here’s Pierce’s website, with links to his social media.
UPDATE 10/20/24 – Bodycam Released!
In Phoenix, Arizona, cops were called by a Circle K gas station in reference to a white man they wanted trespassed from their store. When they arrived, the white man pointed across the street to a black man, claiming that the man was the actual culprit. Just taking his word for it, Phoenix officers Ben Harris and Kyle Sue violently attacked the black man. His name is Tyron McAlpin. He’s completely deaf and has cerebral palsy.
Officers Harris and Sue took him to the ground, punched him in the head at least 10 times and tased him at least 4 times, all the while shouting commands that he was unable to comprehend.
Media report here.
RAW Footage from Ben Harris’ bodycam:
Raw surveillance footage:
The Supreme Court has made clear that “one of the most precious of the liberties safeguarded by the Bill of Rights” is the sacred promise to every American, enshrined in the First Amendment, that citizens enjoy the freedom to complain about their leaders. Lozman v. Riviera Beach, 585 U.S. 87, 101 (2018). But the city of Surprise, Arizona and its mayor, Skip Hall, broke that promise, arresting Plaintiff Rebekah Massie in front of her 10-year-old daughter for criticizing a public official at a city council meeting.
The complaint:
UPDATE October 24, 2024:
Surprise Police Chief Piña recorded an internal message video for his police officers about a week after the arrest. In it, he defiantly and irrationally claims that there was no First Amendment violation. He also has another officer, who gained valuable experience in First Amendment (and other) violations, while working at the Phoenix Police Department, give the officers advice on how to respond to encounters with so-called First Amendment Auditors.
DJ was driving to the store to get feed for his numerous farm animals. He was driving his crappy little “farm car” that did not have a valid inspection sticker. He was pulled over for that reason by the Martinsburg (WV) Police Department. Instead of being issued a warning or citation for the inspection issue, within seconds he ended up being arrested. Despite having committed no crime, other than the inspection sticker violation, he ended up being taken to jail in handcuffs and charged for being a drug dealer. All charges were subsequently dropped. A lawsuit was filed.
Here’s my first video on this incident, from about a year ago.