In reference to
this post and
this post. View the first video
here. View the second video
here. At the time of my original posting only the first video was available. I told you I'd be back to address it, so here it is. Remember the off-duty officer is OD, the other two are addressed according to their employing agency.
Facts not in dispute:
a) OD is displaying behavior that would get an average citizen at least pulled over, maybe cited, depending on the attitude as other officers have pointed out in the comments.
b) Based on the first video I minimized the "pursuit" angle. I still stand by that position. Almost every day I work I hear some young gun calling out a traffic stop, followed by the words that put every officer on alert - "He's not stopping." There is a difference between "He's not stopping" and "I'm in pursuit." A HUGE difference. Nine times out of ten the driver being stopped either doesn't see or hear the officer behind them for a bit, or they are looking for what they consider a safe place to pull over. The reader may dispute this, but I'm sticking to my guns.
C) SPD violated his department's policy. On reflection, would I as his supervisor, bone him on the issue? No. I've done what he did. Every cop has, especially those that work in departments with no pursuit policies. "10-4 Sarge, I have canceled the pursuit. The vehicle is still in sight and turning northbound on I-95. Notify Highway Patrol." Your boss knows you're still hauling ass, as does every officer listening, because we've all been in that situation. How many times have you (we) backed off and the driver either bailed on foot or crashed? Quite a few.
d) The DCSO officer is a dangerous idiot. I stand by this one too. How do you turn around on a violator and NOT know what you're going after? With 15 years of experience? Um.....yeah.
As hoped, the second video cleared up some questions the first video left open-ended. Was OD unprofessional? Yes. I don't mind cutting a break, but you are immediately off on the wrong foot when you hang your police or firefighter badge out the window while I'm approaching the car. DCSO had every right to be upset by this behavior and he showed some restraint when he asked where OD worked and who she worked for.
Did OD continue her unprofessional behavior? Yes. She had every right, IMO, to question the 'pursuit' allegations. As mentioned before, it is never wise to point out, even in a roundabout way, the fact that you think the officer you are dealing with is an idiot. Her comments escalated the situation to another level. Would I have still been considering giving her a break at the point? No. But then again, I wouldn't have sped past her after she yielded to my emergency equipment.
The concept of 'contact and cover' is apparently not used at DCSO, or the officers involved weren't too worried about any possible threat from OD. This is evidenced by the female deputy leaving the cover position after DCSO went back to his vehicle to write the cite and notify OD's superiors. This is the South and most officers carry their firearms off-duty. If they believed this officer was driving dangerously and was intoxicated, why not extend that belief to the realm of "This officer is obviously a dumb-ass and I need to watch her extra close." This was not done and the cover officer bailed out on her position.
This allowed OD to exit the vehicle and take her goofy stance while speaking to whom I would presume was her husband, the Lieutenant at DCSO. At this point DCSO continued to let his frustration get the better of him and he engaged in an argument with OD. He then resorted to threats of arrest which were met with profanities.
Other areas of the country may be different, but around here the charge of Disorderly Conduct requires that the public be alarmed by the behavior. I didn't see or hear any public alarm and no citizens were gathering around. Offending a police officer is NOT a crime. The Supreme Court has decided time and time again that we have to have a higher tolerance for that sort of behavior when directed solely at us.
OD then turns and heads back for her car at which point DCSO states, "Put your hands behind your back." He goes after OD. From an officer safety standpoint, does he have reason to be concerned about OD getting back into her car? If so, what is the difference between her being seated in her car and/or getting back into it? I guess he wasn't too concerned about it since he ORDERED her back into her vehicle. Since the cover officer had vacated her position earlier in the stop it is apparent that officers weren't concerned about OD busting a cap in any of them. She's out of the car, so why not leave her out of the car? At least you can see she isn't armed at that point. If she does have a firearm she might use, it is probably still in the car.
If I were a judge I would consider the arrest to be unlawful based on the fact that the 'public' was not present and thus the elements of Disorderly Conduct were not met. Anything after that makes DCSO liable in a civil court. In this state a person may resist an unlawful arrest up to, and including, the use of deadly force. I saw no resistance on the part of OD other than proceeding to get back into her vehicle.
At this point I would pose the same question I asked in the earlier post. "If DCSO would snatch up and slam a small female KNOWN to be a police officer in such a manner, would you want him stopping your wife or daughter?" In a word - NO! If I lived in his jurisdiction I would have serious concerns about his temperament, his intelligence and his ability to do his job without costing the County money from federal civil rights and personal injury lawsuits. If I were his Sheriff he would be severely disciplined or fired for this display. Isn't it ironic that it sometimes takes an asshole acting out on a traffic stop to point out the fact that the officer is also an asshole?
OD's court date is set for 25 January. What do I think will be the fallout from all of this? Since I am familiar with some officers and admin of all three agencies I think:
SPD will not have any issues as a result of his actions.
DCSO will not suffer any punishment as a result of his actions, but he should. He did perform a very nice arm bar type take-down, but he has no basis in law to lay hands on OD. This will become problematic for DCSO and the County in civil court.
OD WILL be fired by her department for "conduct unbecoming an officer" after being found guilty of Reckless Driving, a six point violation. I'm having a little trouble with the Disorderly Conduct charge, though. Based on the case law, this ordinance/statute does not apply. Unfortunately, Dorchester County is one of those 'good old boy' counties and I think there is a distinct possibility the magistrate will side with the deputy only to be overturned on appeal to a higher court.
I will update after the scheduled court date. Feel free to disagree :)