LA County Settles Police Brutality Case For $650K

The 5-member Los Angeles County Board of Supervisors unanimously approved a settlement of $650,000 to Erick Hoxey and his girlfriend Shatwan Smith in response to a civil lawsuit which charged outrageous behavior by Los Angeles County Sherriff officials during an April 2008 incident in Compton.

The Los Angeles Times covers the story:

On trial for allegedly assaulting two Los Angeles County sheriff's deputies, Erick Hoxey took the witness stand in his own defense and told jurors it was the other way around.

He said he was waiting in his car outside a Compton apartment building where his girlfriend was making an appointment to braid a little girl's hair, when deputies pulled up. After asking him a few questions, Hoxey said they inexplicably yanked him out of the car, punched him and struck him with a flashlight before pepper-spraying his eyes and inside his mouth.


Then, he said, one grabbed him by the hair and slammed his head twice against the pavement.

The prosecutor, troubled by the young man's testimony, cut him off suddenly and asked the judge for a recess. When he returned an hour and a half later, the prosecutor announced that all charges were being dropped.

On Tuesday, two years after the criminal case fizzled, the county agreed to pay Hoxey, now 24, and his girlfriend $650,000.

The payout comes despite the Sheriff's Department defending the deputies' conduct in arresting Hoxey, his girlfriend, Shatwan Smith, and a bystander who came to their aid during the April 2008 altercation.

According to Deputies Samuel Orozco and Scott Giles, they were on patrol when they spotted Hoxey driving with his seatbelt off. The deputies said Hoxey was immediately aggressive, cursing at them, before reaching under his leg for what they believed was a handgun. The deputies unlocked the car door and pulled Hoxey out of the vehicle. The young man then spun around and took a swing at them, according to the deputies' account. Hoxey continued to fight back, the deputies said, while his girlfriend ran out from the apartment building and began hitting them too.

Although the deputies said they believed Hoxey was armed with a gun, no weapon was recovered. Deputy Orozco testified that a woman at the scene, who did not identify herself because she feared retribution, told him that she saw a man run and grab something from the car, presumably the weapon.

The couple, and the bystander who interceded and pleaded with the deputies to stop, denied the deputies were assaulted.

After hearing the conflicting testimony about the incident, the L.A. County district attorney's office abandoned its prosecution of Hoxey and Smith.

Deputy Dist. Atty. Eric Siddall said in a deposition that Hoxey's testimony "made me think that there was reasonable doubt in the case."

The couple's civil attorney, Glen Jonas, accused the deputies of framing Hoxey on charges of resisting arrest and drug possession and Smith of resisting arrest and assault. Giles said he found a cocaine rock in Hoxey's car, while he and other deputies were searching the vehicle.

"It ruined their lives," Jonas said of the ordeal. He said Smith, who was a student at UC San Diego at the time, "was so distraught over being falsely prosecuted that she couldn't concentrate in school…her grades fell and ultimately she wasn't able to stay in school."

During the trial, Orozco's past on-duty behavior was also scrutinized in testimony from residents in the area who said they had run-ins with him. One woman said he used the N-word against her. Another testified that she'd also been roughed up by Orozco, booked and was eventually acquitted.

Sheriff's spokesman Steve Whitmore declined to comment on specific allegations but said the department maintains the couple was resisting arrest. "This settlement is not an admission of wrongdoing," he said. "Deputies don't make stuff up, the hope is, and we contend they did not fabricate anything."

I don't usually include such an extensive excerpt from a newspaper story but one really needs to see all the paragraphs that I have included in order to draw your own conclusions about what really happened*. Two Sheriff deputies see a Black guy sitting in a car and decide to rough him up for some bizarre reason only known to themselves. They start beating the crap out of him, then his girlfriend and a bystander come to the guy's defense.  Then the deputies have the gall to claim that the person that they assaulted was "resisting arrest" AND they claim the existence of a gun which is not found AND attempt to plant drugs in the vehicle. It reads like something out of FX's The Shield!
(That was a show starring Michael Chiklis as a rogue cop who basically takes the law into his own hands.)

The real hero of the piece is the Deputy District Attorney Eric Siddall who refused to condone the cops lying and when he realized what was going on, declined to perpetrate a fraud upon the court. I'm not convinced that $650,000 is enough money for the two people who were attacked by the very same people their own taxes pay to protect them and keep them safe. What is a reasonable price for violation of the public trust?

Another question is why do Samuel Orozco and Scott Giles still have jobs with Los Angeles County Sheriff's Department and why hasn't the Los Angeles County District Attorney charged them with perjury?
Even the Sheriff's Department spokesperson says "Deputies don't make stuff up, the hope is." Really? Do you think this is some kind of joke?

 It is incredibly damaging to how all police officers are viewed and public safety overall if it appears that some officers of the court are getting away with activities that if they were just regular people would result in jail time. Police officers and sheriff's deputies (and elected officials) who are presumed to have the public trust should be held to a higher ethical standard than the general public. Even the appearance of hypocrisy is unacceptable.

*DISCLAIMER: Nothing in this blog posting should be construed as claiming any individual of having committed any criminal or civil offense.

Cop Serves 220 Days For Killing Unarmed Black Man

Johannes Mehserle claimed that he shot Oscar Grant by mistake,
using his gun instead of his Taser, and a jury with no Black members agreed

The former BART police officer who shot and killed an unarmed Black man while holding him restrained face down on the ground on New Years Day 2009 has been released from prison this morning after serving an astonishing (and sickening) 220 days in prison after being found guilty of involuntary manslaughter (as I blogged about last fall).

The San Francisco Chronicle reports:

E-mail and phone notifications made at 12:01 a.m. today said Mehserle had been released, and the Los Angeles County Sheriff's Department's online inmate locator also said he had been freed.

[...]

Mehserle, 29, was sentenced to two years for shooting Oscar Grant in the back while the 22-year-old Hayward man lay face down on the platform at Oakland's Fruitvale BART Station after being pulled from a train.

Mehserle has been imprisoned in Los Angeles County Jail since being convicted July 8. He was eligible for release with credit for time served before his trial and what is known as "good time" credit: one day for every day spent behind bars.

[...]

Mehserle testified that he had thought he was firing his Taser stun gun instead of his pistol as he was trying to arrest Grant for allegedly resisting an officer. The case drew widespread outrage, prompting the trial to be moved from Alameda County to Los Angeles. The jury there acquitted Mehserle of murder.

[Mehserle's attorney] Rains said at least eight other law-enforcement officers across the country have similarly mistaken their Tasers for their service weapons and were never criminally charged "and, in some cases, not even disciplined."

On Sunday, several hundred protesters marched peacefully from the Fruitvale BART Station to 14th Street and Broadway in downtown Oakland.

The saddest part of this case is that it must be considered progress that Mehserle was even charged with murder, since as the lawyer says, this was one of the rare times that the "peace officer" offending actions were caught on video and a public outcry finally lead to a criminal prosecution for murder.

Openly Gay LAPD Officer Wins $1.1M Lawsuit

Sgt. Ronald Crump

An openly gay police officer named Ronald Crump who literally appeared on a poster to recruit people to the Los Angeles Police Department has won a million-dollar judgement against the City of Los Angeles for anti-gay job discrimination and retaliation.

Karen Ocamb of LGBT POV has been covering the story diligently:

Openly gay Sergeant Ronald Crump is suing the city of LA claiming that his boss in Media Relations, Lt. John Romero, created a hostile work environment for gay and lesbian officers. His civil suit outlines a series of incidents over six months in which Crump claims he was harassed and humiliated. For instance, Crump claims that Romero said: “I was a religion major at Liberty University – Jerry Falwell would roll over in his grave if he knew I hired you.” The suit notes that Fawell founded the conservative religious university – but doesn’t mention that Falwell’s Moral Majority helped launch the antigay movement in 1977 with Anita Bryant.

Crump claims that Romero subjected him to “nearly constant harassment on account of his sexual orientation, including introducing Crump to new co-workers as “the new Ruby [Crump’s predecessor] – the only difference is that he doesn’t wear heels.” When Crump told Romero that he didn’t appreciate being referred to as the “new Ruby,” he says Romero told him to “’get over it’ and chuckled as he walked away.”

The lawsuit also details comments Romero allegedly made about other LAPD employees, calling one a “quirky, effeminate guy;” and of another, “She’s a militant, don’t ask/don’t tell activist lesbian,” among other similar comments.

The lawsuit also reports how in January 2009, a lesbian co-worker “remarked that Lt. Romero made the office environment stressful and that she saw Romero treating Plaintiff and others poorly.”  That lesbian left the Media Relations Department one month later, which was closely followed by an inquiry into the concerns about the hostile work environment from then-Assistant Chief Jim McDonnell’s office. Before he left the LAPD, McDonnell had an extraordinarily good relationship with the LGBT community.

And people think this blatant discrimination won't happen in California just because we have strong laws against it? It's up to the justice system to enforce the laws on the books.

Here's a local media report on the Crump verdict:

Los Angeles - A Los Angeles police sergeant who claimed he was the victim of retaliation for being gay was awarded $1.16 million by a jury today. 

A Los Angeles Superior Court jury deliberated for part of Wednesday afternoon and most of today before finding in favor of Sgt. Ronald Crump. 

"This was not a case about Ronald Crump being gay, but about the department's retaliation against him," attorney Gregory Smith said on behalf of Crump. 

Smith said his client's involuntary transfer from the Los Angeles Police Department's Media Relations Section in 2009 after complaining about his treatment from his boss at the time, Lt. John Romero, left the sergeant without a chance for significant promotions and pay increases. 

"He's not going anywhere in this department," Smith said during closing arguments Wednesday. "He is finished forever. They have completely destroyed his career for any advancement or promotion." 

Deputy City Attorney Daniel Aguilera declined to comment on the verdict. However, his colleague, Deputy City Attorney Shaun Dabby Jacobs, told jurors that Crump did not lose rank or pay with his changes of position and earns about $110,000 annually. She also said that months passed after he began the media relations assignment before he complained about alleged mistreatment.

I wonder what City Attorney Carmen Trutanich and LAPD Chief Charlie Beck will say about the Crump case the next time they address a large openly LGBT audience during one of their regular community forums?

WATCH: Houston Cops Pummel Black Male Suspect, 15

Hat/tip to Color of Change