Tony Norman: Jail death followed vindictive policing
July 24, 2015 12:00 AM
By Tony Norman / Pittsburgh Post-Gazette
I?ve been thinking a lot lately about Sandra Bland, the Texas motorist who was arrested by a state trooper and held for days after changing lanes without signaling.
The dashcam footage of their fateful encounter shows an irritated Ms. Bland interacting with equally irritated Texas trooper Brian Encinia.
What should have been a routine ticketing on Trooper Encinia?s part escalated into an exchange of angry words after he returned her registration and license to her.
When Ms. Bland refused to put out the cigarette she was smoking in her own car, Trooper Encinia ordered her out of the vehicle.
Ms. Bland initially refused, then complied when he threatened to ?light her up? with a Taser.
Seconds later, after they were out of dashcam range, Trooper Encinia apparently threw Ms. Bland, who was neither intoxicated nor armed, to the ground.
She was handcuffed and taken to jail.
On the third day of her incarceration for failing to signal while changing lanes and for resisting arrest by allegedly kicking Trooper Encinia, Ms. Bland was found dead in her jail cell.
The official story is that she took her own life by somehow using a plastic garbage bag to hang herself.
I have my doubts about every aspect of this story.
The fact is that the trooper arrested Ms. Bland because he was upset that she defied him, ever so briefly.
There was no smell of marijuana in the car.
She was not harboring illegal aliens or hauling suspicious packages.
He could very easily have let her go after giving her a ticket, but he needed a pretext to arrest her.
He wasn?t interested in de-escalating the conflict.
On her part, Ms. Bland didn?t bother to disguise her contempt for the arbitrary nature of the stop.
She knew that an African-American woman was being subjected to implicit racial bias even if the white state trooper wouldn?t acknowledge it.
She could hear his disrespect for her rights as both a black woman and an ordinary citizen who refused to acquiesce to an insecure cop ? one who was determined to assert his legal authority at the expense of any real moral authority.
Trooper Encinia had the advantage.
He knew the U.S. Supreme Court would sanction his every move.
Cops are given breathtaking latitude to make arrests.
Like most citizens, Ms. Bland had only the vaguest notion of what her rights were during a police stop.
Her ignorance of the law would be used against her by a vindictive trooper who was willing to turn a routine traffic stop into a financial hole that would keep her in jail indefinitely.
Ms. Bland?s bond was $5,000 ? money she didn?t have, making the length of her stay as a guest of the state indefinite.
Had Ms. Bland been more acquiescent during the traffic stop ? more apologetic, passive and, let?s be real, white ? she presumably would still be alive today.
But ordinary citizens are expected to cower in the presence of police authority or risk arrest ? or worse.
Even by the most authoritarian-friendly interpretation of the law, what happened to Sandra Bland was not ?justice,? though it was legal.
Such willful oppression of ordinary citizens of all colors is practiced with impunity every day in every state by insecure men and women who are grateful for the public?s indifference.
This is intolerable and shouldn?t happen in a democratic society.
I have no idea whether Ms. Bland killed herself in a fit of despair, as the authorities insist, or was hanged by hands unknown for reasons unknown, but she didn?t deserve to be in that jail cell in the first place.
A whole genre of videos on YouTube show ordinary citizens in tense encounters with police and with immigration officials manning checkpoints miles inside the United States.
The videos usually feature young, articulate men, frequently white but also a few Hispanics. They calmly assert their rights as American citizens to drive unmolested and without fear of unlawful search and seizure by police.
After a few minutes of hostile cross-talk, the drivers are usually sent on their way by officers too spooked to mess with folks capable of citing the Constitution before the cuffs come out.
It probably isn?t something that everyone can get away with, but it does demonstrate the value of knowing one?s rights.
At least a few citizens are doing their part to reclaim some measure of dignity in this democracy. That?s a start.
Tony Norman:
tnorman@post-gazette.com or 412-263-1631; Twitter @TonyNormanPG.
11 Comments ~
Oren Spiegler 2 days ago
If every individual was pulled over by a police officer for failing to signal a lane change, there would likely not be enough citation paper available to cover the infraction. Many motorists are too busy simultaneously smoking, texting, talking on the phone, applying makeup, drinking, eating, and reading to bother with providing the courtesy and safety of using a turn signal. Perhaps the feature should no longer be included on our vehicles. The exchange between the officer and Ms Bland is suspicious and also causes a reasonable person to question the manner in which she died and what immediately preceded her death.
Reply +4
David Hammond 2 days ago
Tony makes the point that peaceful, acquiescent, surrender to the whims of cops is the argument made in order to place blame on Sandra Bland for her own circumstances.
This viral video from a few years ago belies that. It shows a motorist stopped by a trooper who cusses about his ticke while calling the cop swearword names. The trooper calmly goes about his business and gets the ticket issued and the driver leaves. This should be required viewing in all police training courses.
https://www.youtube.com/watch?v=PNNz5kl4w-A
Reply 3 replies+4
Victor Edwards 2 days ago
The video from a few years ago has zero to do with the case in point today. Want to have peaceful, successful interactions with the police? Treat them with respect and obey their orders. End of problem - in fact, no problems at all!
This women was getting a warning - not even a citation. So she already caught a break. Instead of accepting that and moving on she chose to escalate. Not smart.
Reply 2 replies+4
Ned Twyman 1 day ago
I don't know what video you watched, but the cop was CLEARLY the one who escalated the situation. Smoking a cigarette in your car isn't against the law and he was obviously looking for an excuse to further throw around his authority. I hope the guy loses his job. totally unprofessional on his part. This is not a police state, yet.
Reply +3
David Hammond 22 hours ago
Well that video has EVERYTHING to do with the Sandra Bland case. Her behavior was nowhere hear as egregious as the man's in the video and there was nothing illegal about it. Even other police officers have weighed in and the Texas tropper is clearly wrong in his actions.
Reply +2
dave rosen 1 day ago
I have to wonder about folks who despise the government and government officials and hurl invectives at them, go all-out submissive when they tell everyone to obey every police demand, act subdued, be very respectful and never shall engle them about anything. Phoneys
Reply 1 reply+3
David Hammond 22 hours ago
I bet there are substantial numbers of folks who find nothing wrong with how Sandra Bland was treated who were applauding Cliven Bundy's defiance of federal officals.
Reply +3
Mary DeVaughn 2 days ago
When the police pull you over, just stop and see what they want.
Yeah, 'cause that worked out so well for Jonny Gammage.
Reply 3 replies+3
Victor Edwards 2 days ago
I think Johnny forgot the part about obeying the police and not resisting arrest.
Reply 2 replies+3
Mary DeVaughn 1 day ago
Arrest. Right.
For "tapping his brakes"? Which I would do myself driving down that bit of 51 -- because *it's a HILL.* Being female, Caucasian, and OLD, I think I'd be pretty safe in doing so.
Not only "why were they arresting him" -- why did they STOP him in the first place?!
Reply 1 reply+3
John Butela 18 hours ago
If YOU were not in the police car, then YOU have no right whatsoever in questioning the police motives. YOU weren't there. You're making a lot of broad assumptions, because you simply dislike cops. Admit it.
Reply +4