Anyone remember Sandra Bland?

[elguapo 4586]

She was pulled over for failure to signal and then arrested, found hanging in her jail cell 3 days later. Well turns out she recorded the traffic stop that led to her arrest.

 

Officer claimed he feared for his safety.

Sandra Bland recorded her own arrest. Watch her cellphone video from the 2015 traffic stop

Quote

Encinia asked Bland to put out the cigarette she was smoking. She refused, and he opened her car door and threatened to drag her out.

At this point, Bland began recording Encinia with her cell phone just moments before Encinia pulls his Taser, points it at Bland and says, “I will light you up! Get out! Now!”

After the arrest, Encinia told authorities that he feared for his life and didn’t know what Bland could grab inside her car and purse.

“My safety was in jeopardy at more than one time,” Encinia told investigators.

Encinia was fired from the DPS and indicted by a grand jury for perjury, a charge that was later dropped when Encinia gave up his license and agreed to never work as a cop again.

 

Edited May 7, 2019 by elguapo

[Nice Guy Eddie 13528]

Wasn't this video released almost immediately at the time?

I would be willing to bet this cop will work as a cop again regardless of what he promised.

[elguapo 4586]

3 minutes ago, Nice Guy Eddie said:

Wasn't this video released almost immediately at the time?

I would be willing to bet this cop will work as a cop again regardless of what he promised.

Only dash cam video was released at the time.

Quote

Until now, the trooper’s dashcam footage was believed to be the only full recording of the July 2015 traffic stop, which ended in Bland’s arrest.

 

[Zepol87 9195]

yea I never saw that video. Where the hell was this in the past 4 years?? WTF

[Lat22 4018]

And why are we digging this up again? She got pulled over for not signaling, acted like a bitch to the cop (who didn’t handle it well), then killed herself in jail.

[hornbri 1417]

I could have sworn I have seen that video - maybe it was just part of it and this is the first time it is the whole thing. 

[Nice Guy Eddie 13528]

I stand corrected about mixing up this video with the one previously released.  It does seem odd that the public and especially her family are only now being able to see the video.

[elguapo 4586]

14 minutes ago, Lat22 said:

And why are we digging this up again? She got pulled over for not signaling, acted like a bitch to the cop (who didn’t handle it well), then killed herself in jail.

Well, it seems this video may have been withheld by investigators and clearly refutes the officers claim that “My safety was in jeopardy at more than one time,”

Are you comfortable with officers lying in order to obtain arrest and then investigators withholding evidence of said lies?

Edited May 7, 2019 by elguapo

[Brisketexan 105437]

11 minutes ago, Lat22 said:

(who didn’t handle it well)

I mean, if flipped out, physically threatened her, lied about the arrest, and threw her in jail for the fake crime of "contempt of cop" is mere "didn't handle it well," then sure.

Come on, man.

[Prepuce of Doom 21106]

13 minutes ago, Lat22 said:

And why are we digging this up again? She got pulled over for not signaling, acted like a bitch to the cop (who didn’t handle it well), then killed herself in jail.

Good afternoon, officer. 

[El Diablo 4232]

18 minutes ago, Prepuce of Doom said:

Good afternoon, officer. 

Drivers license and insurance, please.

[Post Oak 20278]

1 minute ago, El Diablo said:

Drivers license and insurance, please.

Well you was doing 55 in a 54

[Huckleberry 33114]

40 minutes ago, Lat22 said:

And why are we digging this up again? She got pulled over for not signaling, acted like a bitch to the cop (who didn’t handle it well), then killed herself in jail.

He pulled her over for not signaling, acted like a bitch to the citizen (who didn't handle it well), then lied about it.

Oh wait, we don't have to expect reasonable or lawful behavior from officers. My bad.

[huge 3795]

In retrospect I am surprised that he was fired and indicted.  Baby steps?

[hookemATL 11916]

FAC. forever. 

[HRSchenker 2274]

Didn't she kill herself? The release of the video doesn't change the circumstances of the investigation IMO. I think we all know DPS covers up internal investigations so hopefully this sheds some light on what goes on.

[GotThatFire 166]

 Can’t imagine why she killed herself 

[Rimbo 26140]

6 minutes ago, GotThatFire said:

 Can’t imagine why she killed herself 

allegedly

[Captainant 27826]

1 hour ago, huge said:

In retrospect I am surprised that he was fired and indicted.  Baby steps?

the charges were dropped in exchange for his promise to never work in law enforcement again.

 

"Laws for thee but not for me"

- Cops

[huge 3795]

Just now, Captainant said:

the charges were dropped in exchange for his promise to never work in law enforcement again.

 

"Laws for thee but not for me"

- Cops

It was a plea bargain, but yeah.  Not surprising.

[hayden_horn 11365]

1 hour ago, Huckleberry said:

He pulled her over for not signaling, acted like a bitch to the citizen (who didn't handle it well), then lied about it.

Oh wait, we don't have to expect reasonable or lawful behavior from officers. My bad.

he pulled her over for not signalling while being black. i think we all know how this stop was fomented.

and i think we all know why she had that attitude. i'd be willing to bet it wasn't the first time she had been stopped for DWB.

but yes, huck, you are 100% correct in that cops a fucking liars.

[TwiceHorn 31554]

The way this was reported was like it explained some wrongdoing in her death.

Didn't really need this to know this was a shit arrest.  This makes it more plain that it was a shit, or shittier, arrest, but doesn't seem to change things much, overall.

[elguapo 4586]

3 minutes ago, TwiceHorn said:

The way this was reported was like it explained some wrongdoing in her death.

Didn't really need this to know this was a shit arrest.  This makes it more plain that it was a shit, or shittier, arrest, but doesn't seem to change things much, overall.

The takeaway is that the cop lied about the reasons for arrest, and the investigators withheld this evidence that proves he lied. Exposing police corruption seems important.

[hayden_horn 11365]

4 minutes ago, TwiceHorn said:

The way this was reported was like it explained some wrongdoing in her death.

Didn't really need this to know this was a shit arrest.  This makes it more plain that it was a shit, or shittier, arrest, but doesn't seem to change things much, overall.

disagree. we need to expose ALL the shit arrests.

especially, considering she might be alive today if that trooper let her slide on the signal, or just had basic human decency and empathy. maybe she kills herself that night in the comfort of her own garage. who knows? we don't, because he chose to arrest her for resisting arrest, which is the biggest bullshit ever.

[Captainant 27826]

7 minutes ago, TwiceHorn said:

The way this was reported was like it explained some wrongdoing in her death.

Didn't really need this to know this was a shit arrest.  This makes it more plain that it was a shit, or shittier, arrest, but doesn't seem to change things much, overall.

This cop, who had been fired previously for racism and lying on police reports, arrested and detained an innocent woman under color of law and treated her like an animal. If you can't see the wrongdoing in that, then you're fucking blind.

[TwiceHorn 31554]

9 minutes ago, elguapo said:

The takeaway is that the cop lied about the reasons for arrest, and the investigators withheld this evidence that proves he lied. Exposing police corruption seems important.

 

8 minutes ago, hayden_horn said:

disagree. we need to expose ALL the shit arrests.

especially, considering she might be alive today if that trooper let her slide on the signal, or just had basic human decency and empathy. maybe she kills herself that night in the comfort of her own garage. who knows? we don't, because he chose to arrest her for resisting arrest, which is the biggest bullshit ever.

We already knew it was a shit arrest.  The cop was charged with perjury.

My only point is, this video just confirmed what we already knew.  Whereas it is being reported as something all new.  Even from NPR, I thought it had some direct bearing on her death.

Edited May 7, 2019 by TwiceHorn

[elguapo 4586]

Just now, Captainant said:

This cop, who had been fired previously for racism and lying on police reports, arrested and detained an innocent woman under color of law and treated her like an animal. If you can't see the wrongdoing in that, then you're fucking blind.

+ to protect the racist POS investigators withheld this video that proves he was lying.

[elguapo 4586]

Just now, TwiceHorn said:

 

My only point is, this video just confirmed what we already knew.

Does it concern you that the video was withheld during the investigation into the arrest?

[TwiceHorn 31554]

2 minutes ago, Captainant said:

This cop, who had been fired previously for racism and lying on police reports, arrested and detained an innocent woman under color of law and treated her like an animal. If you can't see the wrongdoing in that, then you're fucking blind.

You are a moron with reading comprehension problems.

Edited May 7, 2019 by TwiceHorn

[TwiceHorn 31554]

1 minute ago, elguapo said:

Does it concern you that the video was withheld during the investigation into the arrest?

Yes, that is concerning.  But he was charged with perjury, anyway, maybe based on this?  Maybe on the dashcam video, which was a bad look all by itself.

[Captainant 27826]

2 minutes ago, TwiceHorn said:

Yes, that is concerning.  But he was charged with perjury, anyway, maybe based on this?  Maybe on the dashcam video, which was a bad look all by itself.

He was initially charged with perjury, but those charges were dropped in exchange for a plea deal to never be a cop again. Which is horse shit. If you or I lied to the cops they'd nail our asses to the wall. If they (LEO's) arrest someone under false pretenses and then lie about it on police reports under threat of perjury, they get protection from prosecutors and all the benefits of the thin blue line.

[Dahobbs 17692]

1 minute ago, Captainant said:

He was initially charged with perjury, but those charges were dropped in exchange for a plea deal to never be a cop again. Which is horse shit. If you or I lied to the cops they'd nail our asses to the wall. If they (LEO's) arrest someone under false pretenses and then lie about it on police reports under threat of perjury, they get protection from prosecutors and all the benefits of the thin blue line.

You need to slow your roll on Twice. You are reading something into his posts that simply isn't there. He is right. The arrest seemed to be bullshit then. We pretty much confirmed it was bullshit with the dash cam. The new video doubly confirms how much bullshit it was. I'm glad we know about this video now, but it doesn't really bring to light anything new about the arrest or her death. It was fucked up then, it is still fucked up now. 

[elguapo 4586]

10 minutes ago, TwiceHorn said:

Yes, that is concerning.  But he was charged with perjury, anyway, maybe based on this?  Maybe on the dashcam video, which was a bad look all by itself.

Yes it probably was based on this and the dashcam. I don't think the charges should have been dropped since he obviously lied, and I'm not sure they would have been if this video had been made public. (maybe the Surly legal team can comment on this)

There was also a civil trial and the family lawyer says they didn't have access to this video.

[TwiceHorn 31554]

7 minutes ago, Dahobbs said:

You need to slow your roll on Twice. You are reading something into his posts that simply isn't there. He is right. The arrest seemed to be bullshit then. We pretty much confirmed it was bullshit with the dash cam. The new video doubly confirms how much bullshit it was. I'm glad we know about this video now, but it doesn't really bring to light anything new about the arrest or her death. It was fucked up then, it is still fucked up now. 

Thank you.  I heard this reported on NPR as if it were something that might explain her death.  I was anxious to see what it was, but forgot about it until I saw this thread.

I was kind of disappointed to see that it was just another angle on the dashcam video.  With audio.  I mean, it further dramatizes what an asshole he was, but I think most could imagine the dialog fairly well.

Edited May 7, 2019 by TwiceHorn

[TwiceHorn 31554]

4 minutes ago, elguapo said:

Yes it probably was based on this and the dashcam. I don't think the charges should have been dropped since he obviously lied, and I'm not sure they would have been if this video had been made public. (maybe the Surly legal team can comment on this)

There was also a civil trial and the family lawyer says they didn't have access to this video.

Fair points.  Did they obtain this from the civil litigation?  That was an impression I had from the NPR report. Oh, no it has been settled, I see.  I think the "announcement" did come from her civil lawyer though.

Assuming the perjury was based on "I feared for my life," that would be kind of a tough one anyway since it's not an objective fact like most of the Trumpco perjuries, for example.

Edited May 7, 2019 by TwiceHorn

[Captainant 27826]

2 minutes ago, Dahobbs said:

I'm glad we know about this video now, but it doesn't really bring to light anything new about the arrest or her death. It was fucked up then, it is still fucked up now. 

I would argue that this new video shows even moreso the local prosecutors and law enforcement acting in bad faith. They kept this video from public release, including Bland's family, for years because it was "involved in an investigation" that they ended with a sweetheart deal for the offender. Like guapo said, their refusal to release this video denied the family from seeking civil recourse and shielded the PD and local DA from public pressure to act ethically, had the video been in the public domain instead of evidence lockup.

[elguapo 4586]

Just now, TwiceHorn said:

Fair points.  Did they obtain this from the civil litigation? 

I don't think so, this is what the NPR story says.

https://www.npr.org/2019/05/07/721086944/sandra-blands-phone-video-of-her-own-arrest-surfaces-reviving-calls-for-new-inqu

Quote

But that changed Monday night with the release of Bland's recording, which was acquired by reporter Brian Collister of the Investigative Network and broadcast on WFAA.

Quote

The video, which had not been seen publicly, prompted the Bland family's former attorney, Cannon Lambert, to accuse the Texas Department of Public Safety of not divulging the footage's existence during the civil case over her death.

 

[TwiceHorn 31554]

8 minutes ago, Captainant said:

I would argue that this new video shows even moreso the local prosecutors and law enforcement acting in bad faith. They kept this video from public release, including Bland's family, for years because it was "involved in an investigation" that they ended with a sweetheart deal for the offender. Like guapo said, their refusal to release this video denied the family from seeking civil recourse and shielded the PD and local DA from public pressure to act ethically, had the video been in the public domain instead of evidence lockup.

The family got 1.9 million.  Not sure what this tape would have added to that.    For reference here is the dashcam video.

While it is disturbing that the video was withheld, it doesn't add just a ton to the above.  The audio is the killer, to me.  It makes the physicality inexcusable.  It's probably inexcusable anyway, but blunts any notion that it was anything but assholishness on the part of the cop.

Edited May 7, 2019 by TwiceHorn

[Dahobbs 17692]

10 minutes ago, Captainant said:

I would argue that this new video shows even moreso the local prosecutors and law enforcement acting in bad faith. They kept this video from public release, including Bland's family, for years because it was "involved in an investigation" that they ended with a sweetheart deal for the offender. Like guapo said, their refusal to release this video denied the family from seeking civil recourse and shielded the PD and local DA from public pressure to act ethically, had the video been in the public domain instead of evidence lockup.

I get it, I really do. It is worth discussing in the context of government misconduct, I'm just saying it doesn't really add much to discussion of the arrest itself. But it would be interesting if they could get the settlement set aside (assuming they wanted to) for the failure to disclose the video.  It seems this could make the civil case worth a bit more (few hundred k maybe?).  

Edited May 7, 2019 by Dahobbs

[Captainant 27826]

Just now, TwiceHorn said:

While it is disturbing that the video was withheld, it doesn't add just a ton to the above.  The audio is the killer, to me.

It directly disproves the cop's claim that he feared for his life, which is why he had to escalate. That's a pretty critical thing, since fearing for your life is the (literal) get out of jail free card for killing people if you're a cop, and it's what the criminal officer claimed in his affidavit. The DA's that "prosecuted" this case could have been voted out of office had this video been publicly released. Letting shit like this slide is exactly how we end up with more shit head, racist, lying cops. Everything matters, no matter how small, when the state is using putting guns in faces to unlawfully detain people.

[elguapo 4586]

3 minutes ago, TwiceHorn said:

The family got 1.9 million.  Not sure what this tape would have added to that.    For reference here is the dashcam video.

While it is disturbing that the video was withheld, it doesn't add just a ton to the above.  The audio is the killer, to me.  It makes the physicality inexcusable.  It's probably inexcusable anyway, but blunts any notion that it was anything but assholishness on the part of the cop.

Thanks for posting the dashcam video, you're right the audio is the most damning part. What the video from her perspective proves that you can't see from the dashcam is him physically intimidating and trying to remove her from the vehicle while she doesn't present any type of reasonable physical threat to him. I think with just the dashcam he could still claim she physically threatened him.

[Dahobbs 17692]

1 minute ago, Captainant said:

It directly disproves the cop's claim that he feared for his life, which is why he had to escalate. That's a pretty critical thing, since fearing for your life is the (literal) get out of jail free card for killing people if you're a cop, and it's what the criminal officer claimed in his affidavit. The DA's that "prosecuted" this case could have been voted out of office had this video been publicly released. Letting shit like this slide is exactly how we end up with more shit head, racist, lying cops. Everything matters, no matter how small, when the state is using putting guns in faces to unlawfully detain people.

I don't see how it does that over and above the dash cam video. I can't see her hands in the video. I can't see her bag in the video. I can't see most of the inside of her car in the video. And it doesn't start until after he gets angry. 

[TwiceHorn 31554]

3 minutes ago, Captainant said:

It directly disproves the cop's claim that he feared for his life, which is why he had to escalate. That's a pretty critical thing, since fearing for your life is the (literal) get out of jail free card for killing people if you're a cop, and it's what the criminal officer claimed in his affidavit. The DA's that "prosecuted" this case could have been voted out of office had this video been publicly released. Letting shit like this slide is exactly how we end up with more shit head, racist, lying cops. Everything matters, no matter how small, when the state is using putting guns in faces to unlawfully detain people.

Fair enough.  I'm not saying it should slide, at all.  I was just disappointed in the revelatory aspect of it.

 

[TwiceHorn 31554]

13 minutes ago, Dahobbs said:

I don't see how it does that over and above the dash cam video. I can't see her hands in the video. I can't see her bag in the video. I can't see most of the inside of her car in the video. And it doesn't start until after he gets angry. 

That was my impression, also.  It does add a dimension to the aggro-ness of the cop.  The settlement mostly had to be about the "badness" of the stop, because the suicide, as far as we know, was only but-for caused by the arrest.  So I suppose it could have added a couple hundo to the settlement.

The suicide remains troubling.  I saw one of (the?) docs on it.  On the one hand, she seemed to have rather poor mental health, on the other, it wouldn't surprise me terribly if there were some still-hidden wrongdoing.

Overall, my "meh" reaction to this is driven by the disappointment that the new video didn't offer some insight on her actual death.

Edited May 7, 2019 by TwiceHorn

[Steel Shank 9432]

That cop is a titty baby and an embarrassment to Texas if he "feared for his life".

[Johnny Sack 8397]

Cop is a punk.  

[Pato del Muerto 52616]

walk me through the legal process here please. 

Video is taken on her phone. Phone and it’s contents are her property. 

Phone is presumably confiscated?  Never returned to the family?  Returned without this video on it?

are we saying that the cops and lawyers had this video but the family did not?

if so, did the cops or lawyers have a duty to share this video before the trial?

if the lawyer had a duty to share this video but did not, why doesn’t that turn a case of cop lying into a case of conspiracy where at least 2 members of the city conspired to conceal the wrongdoing of the cop?

[Captainant 27826]

18 minutes ago, Pato del Muerto said:

if the lawyer had a duty to share this video but did not, why doesn’t that turn a case of cop lying into a case of conspiracy where at least 2 members of the city conspired to conceal the wrongdoing of the cop?

You're acting like Brady violations aren't par for the course with police brutality and overreach cases

[4th and 5 4919]

The trooper is an asshole. And the worst kind of liar.

She did well to make the situation worse. She was getting a warning, instead she got dead.

As far as the law applicable to the situation:

The trooper is well within U.S. Supreme Court precedent to order her out of the vehicle (see below) and she is owed no explanation as to why. Is is a courtesy? Perhaps. Good police work to get compliance? Sure. Make people not hate cops? Definitely. Time to hold a trial on the side of the road? Definitely not.

Also, the cop is well within U.S. Supreme Court precedent (Atwater v. City of Lago Vista, 532 U.S. 318, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001)) and Texas statutes to arrest her for Failing To Signal Intent to Change Lane (exceptions being Open Container and Speeding by statute). 

From a legal aspect, her arrest was lawful for the traffic violation. Also possibly for Interference with Public Duties. I can't say on Resisting Search, Arrest or Transportation because it is not in the video, but the statute does require actual physical force directed at the police officer, not just being difficult, unruly, etc.

=================

“[M]ost traffic stops,” this Court has observed, “resemble, in duration and atmosphere, the kind of brief detention authorized in Terry.” Berkemer v. McCarty, 468 U. S. 420, 439, n. 29 (1984) . Furthermore, the Court has recognized that traffic stops are “especially fraught with danger to police officers.” Michigan v. Long, 463 U. S. 1032, 1047 (1983) . “ ‘The risk of harm to both the police and the occupants [of a stopped vehicle] is minimized,’ ” we have stressed, “ ‘if the officers routinely exercise unquestioned command of the situation.’ ” Maryland v. Wilson, 519 U. S. 408, 414 (1997) (quoting Michigan v. Summers, 452 U. S. 692, 702–703 (1981) ); see Brendlin, 551 U. S., at 258. Three decisions cumulatively portray Terry’s application in a traffic-stop setting: Pennsylvania v. Mimms, 434 U. S. 106 (1977) (per curiam); Maryland v. Wilson, 519 U. S. 408 (1997) ; and Brendlin v. California, 551 U. S. 249 (2007) .

    In Mimms, the Court held that “once a motor vehicle has been lawfully detained for a traffic violation, the police officers may order the driver to get out of the vehicle without violating the Fourth Amendment ’s proscription of unreasonable searches and seizures.” 434 U. S., at 111, n. 6. The government’s “legitimate and weighty” interest in officer safety, the Court said, outweighs the “de minimis” additional intrusion of requiring a driver, already lawfully stopped, to exit the vehicle. Id., at 110–111. Citing Terry as controlling, the Court further held that a driver, once outside the stopped vehicle, may be patted down for weapons if the officer reasonably concludes that the driver “might be armed and presently dangerous.” 434 U. S., at 112.

    Wilson held that the Mimms rule applied to passengers as well as to drivers. Specifically, the Court instructed that “an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.” 519 U. S., at 415. “[T]he same weighty interest in officer safety,” the Court observed, “is present regardless of whether the occupant of the stopped car is a driver or passenger.” Id., at 413.

    It is true, the Court acknowledged, that in a lawful traffic stop, “[t]here is probable cause to believe that the driver has committed a minor vehicular offense,” but “there is no such reason to stop or detain the passengers.” Ibid. On the other hand, the Court emphasized, the risk of a violent encounter in a traffic-stop setting “stems not from the ordinary reaction of a motorist stopped for a speeding violation, but from the fact that evidence of a more serious crime might be uncovered during the stop.” Id., at 414. “[T]he motivation of a passenger to employ violence to prevent apprehension of such a crime,” the Court stated, “is every bit as great as that of the driver.” Ibid. Moreover, the Court noted, “as a practical matter, the passengers are already stopped by virtue of the stop of the vehicle,” id., at 413–414, so “the additional intrusion on the passenger is minimal,” id., at 415.

[4th and 5 4919]

15 minutes ago, Captainant said:

You're acting like Brady violations aren't par for the course with police brutality and overreach cases

Fixed it for you