Short version, link is at the bottom
Note that already at the start of the video
the mob has been ordered to disperse and leave the area. This is, of course, a perfectly lawful order by the handful of police on scene who are having to deal with crowd?at least some of whom are reportedly violent, drunk and/or stoned. The first thing they need to do is establish the security of the scene, and that?s best done by dispersing the mob that has led to the disorder in the first place.
The video noted above begins with the police in pursuit of some unseen person, beginning with Officer Eric Casebolt, who appears to trip. Officer Casebolt will soon become the central focus of the video.
Knowing that patrol officers typically are carrying as much as 30 pounds of gear on their belts, I can assure you that they do not engage in a high-speed foot pursuit unless there?s a darned good reason. In any case, a foot pursuit is not unlawful police conduct.
You?ll notice that despite having been lawfully ordered to disperse, much of the ground group has refused to do so, and are still milling about the area.
With verbal orders to disperse having failed to achieve the goal of improving the safety of the scene, the police next escalate to the next step of the force continuum, which is to simply order the crowd members to sit in place.
Some members of the crowd comply with this order to take a seat. Others again refuse to comply, thus authorizing the police to escalate to the next step of the force continuum, which is to use non-deadly physical force to compel compliance. Casebolt also uses stern language.
None of this is unlawful police conduct.
Casebolt then again tells a group of girls standing on the sidewalk to disperse.
Again, they refuse to comply with this lawful order. In fact, they?ll remain pretty much right there throughout the entirety of the video.
Notably, one of those girls is
Dajerria Becton, wearing a bright orange/yellow bathing suit. She?ll become the center of interest for those claiming police misconduct.
Bectom actually casually steps away from her group, stands in the midst of the crowd members just ordered to sit on the ground by police, shouts to friends across the street, and then wanders off the left side of the screen, apparently towards those friends.
She essentially acts no differently than would a person who is not in the midsts of a police action.
Regardless, at this point she?s doing fine. Her group had been ordered to disperse, and it looks like she?s doing just that.
Unfortunately, less than one minute later Bectom?s back with her group, and still non-compliant with lawful police orders to disperse, as you can see in the background here.
Casebolt, who had previously ordered the girls to disperse, repeats his orders. A portion of the group does disperse off to the left. Bectom appears to be dispersing off to the right, but in fact never moves more than 10 or so feet away, stopping at that point to continue engaging with other members of the non-compliant crowd.
At this point
Casebolt notes that Bectom has refused to comply with multiple lawful orders to disperse. These multiple efforts to encourage compliance with verbal commands having proven ineffective, he appropriately increases his use of force to physically compel compliance.
It is this portion of the video that the Progressive left appears to find most mind-blowing.
The only explanation for this is that they are so entirely ignorant of the role of police in society that they don?t understand that the police are authorized by that society to use force to compel compliance with lawful orders.
And while many, even those who typically support the police, may find observing a uniformed officer use physical force on a non-compliant bikini girl, the fact that a use of force may appear distasteful does not make that use of force unlawful.
In fact, Casebolt is entirely within the law in his use of non-deadly force to compel compliance with lawful commands.
And Bectom is entirely outside the law in her immediate and sustained physical resistance to the officer?s lawful use of force. She is, literally, committing a crime in doing so.
At this point the members of the Bectom?s crowd that had dispersed rushes back to the scene. Indeed several actually lean over the officer as he is attempting to lawfully subdue Bectom.
It is not a good idea to lean over an officer when he?s trying to subdue your friend. He?s likely to perceive it as a threat and urge you to stop. And, indeed, in this case Casebolt shoves the encroaching girls back.
Now THIS is where things get interesting. A girl in a bathing suit can perhaps be dealt with by a physical push. But what if others escalate the threat to the officer?
At this point in the video, however,
while Casebolt is still trying to lawfully subdue the still resisting Bectom he is rushed by two males who are at least the officer?s size. The video shows no other officers in the immediate vicinity. The two males can be seen first on the right side of the screen, one wearing an aqua-colored ball cap, the other holding an aqua-colored shirt.
Even absent the remaining crowd (which is, of course, relevant, as mobs are dangerous), the mere fact that Casebolt is being charged by two males his size creates a disparity of force situation that justifies him in escalating his use of force to the deadly force level.
Indeed, the deliberate conduct of these two males in placing Casebolt in reasonable fear of death or grave bodily harm constitutes an aggravated assault on a police officer. This is a felony in all states, and in most is punishable by as much as 15 years in prison.
It is at this point, struggling to subdue a non-compliant suspect, facing two younger males rushing at him from the flank, that Casebolt reasonably perceives a potentially deadly force attack and goes to his pistol.
The two male attackers see the gun, and turn and flee. Casebolt neither shoots nor pursues, but other officers responding to the scene do initiate a pursuit and capture at least one of the attackers.
All of this is perfectly lawful conduct by Casebolt under the totality of the circumstances, and well within both his training and the law.
My advice? If you don?t want a cop to point his pistol at you, don?t rush him while he?s subduing a suspect.
Period.
Indeed, the two male attackers should count themselves fortunate that Casebolt was so slow on the trigger. With his attackers at that close proximity he would have been entirely warranted in shooting them both.
At this point Casebolt returns to Bectom, who initially continues to refuse to comply with both verbal lawful orders and physical efforts to compel her compliance.
For the remainder of the video the females who had accompanied the now compliant Bectom (better late than never, I guess) continue to refuse to comply with lawful orders to disperse, and continue to hurl verbal abuse at the officers, despite their continued orders to leave the area. The officers do not respond to the abuse.
Reports are that Casebolt is currently on administrative leave (not suspension) with pay (essentially a paid vacation) while internal affairs investigates the justification for his escalation to deadly force defense. Casebolt met with investigators earlier today. Such an administrative leave and investigation is common in many departments when an officer draws his sidearm, and is not any indication that his department believes that Casebolt acted wrongfully.
Heck this video alone all but ensures that his decision in going to his gun, as well as his use of non-deadly force on non-compliant suspects, will be deemed justified.
in a nutshell then:
Unlawful acts by the Casebolt?
None
Unlawful acts by the various members of the crowd?
Refusal to comply with lawful police orders, by the whole non-compliant mob.
Resisting, by Dajerria Bectom
Simple assault, by Bectom?s friend who encroached on Casebolt subduing Bectom
Aggravated assault, by each of the males who rushed at the officer while he was subduing Bectom
http://legalinsurrection.com/2015/0...rawl-another-rush-to-misjudgment/#more-130115