Austin Police Chief's UNBELIEVABLE response to jogger arrest.

[Shemp Howard]

Last Thursday a female jogger in Austin, Texas was arrested, handcuffed, and thrown into a police car for the high crime of jay-walking. Many people think that the police overreacted.

So Austin Police Chief Acevedo issued a statement about the incident. The chief said it's no big deal because the police just arrested her and didn't sexually assault her.

Read that last sentence again. Let it sink in.

The story, along with video of the actual arrest, is here:

http://www.dailymail.co.uk/news/article-2565873/Police-chief-forced-apologize-comments-saying-jogger-didnt-deal-police-sexually-assaulted-her.html

[Hassin Bin Sober]

1. Shemp Howard!

welcome

[Warpy]

2. Mind bogglng!

Must've felt like real men, the four it took to push this woman down and throw her into a squad car. They really are acting like prison screws and something has got to happen to convince them that we're not their inmates. We are citizens and citizens have rights.

Well we did until the drug war stripped us of many of them and rich men decided laws applied only to us and only to our detriment, while rights applied only to them.

[Downwinder]

4. Awful brave of them, without a SWAT backup.

[NYC_SKP]

3. That was a pretty fucked up bust, right there.

Welcome to DU!

[Ilsa]

5. Never thought I'd see the day when the

Austin PD would set the bar so low. Disgraceful.

[marble falls]

11. You obviously have never interacted with the bike cops on 6th Street.

[Ilsa]

31. Very true. Haven't been there in

a decade.

My comment was based on a comment from a neighbor here in South Texas, former APD, who commented that local police dept couldn't afford a comparable salary for her. I would hope that better salaries would ensure a higher caliber of employees. Perhaps not all employees.

[marble falls]

39. Another reason, at least in Austin, is that 80% of the cops live outside of the cities they .....

patrol. They are an occupying force.

[1000words]

6. Throwing gasoline onto the fire

Frankly, I expected more from Austin.

[marble falls]

12. Are you aware of the amount of cop shootings of unarmed, unresisting or runners accused of ....

minor crimes there are with the APD.

[1000words]

13. I'm going to guess a lot

Portland, OR cops have a similar dubious reputation, as well. Doesn't seem right that two cities known for their liberalism have such a problem.

[marble falls]

19. I admit, I don't get it either.

[JoeyT]

30. It doesn't matter how liberal the population is,

voting for someone who's willing to rein in the cops is almost never an option. They're accountable to no one.

[rhett o rick]

7. He seems to be indicating that a sexual assault by the police wasnt beyond possibility. nm

[Curmudgeoness]

15. That did not cross my mind, but

you are absolutely right.

[myrna minx]

33. Yes, that was my thought too. wow. n.t

[FiveGoodMen]

35. Beyond possibility? I want to know whether it's outside of approved POLICY.

[rhett o rick]

36. I would assume it's a none "approved" benefit. nm

[TexasTowelie]

8. Acevedo apologized last night.

http://www.statesman.com/weblogs/the-blotter/2014/feb/22/acevedo-apologizes-comments-after-joggers-arrest/

Yesterday's press conference related to the arrest of a jogger by members of the Austin Police Department (APD) was the culmination of an emotional week for the APD, our extended APD family and me personally.

During the press conference I attempted to place the arrest into context by bringing attention to the fact that law enforcement deals with many acts of serious misconduct. This includes recent instances in the news of sexual assault by police officers in other cities.

In hindsight I believe the comparison was a poor analogy, and for this I apologize.

I stand committed to transparent leadership and will continue to engage the community we serve in an open, honest, and timely manner.

Chief Art Acevedo

[SmittynMo]

9. Yet one more reason to

not visit that God forsaken state.

[jsr]

10. Good thing his cops try not to rape civilians like other cities

http://www.kvue.com/news/state/Dallas-officer-accused-of-raping-woman-in-squad-car-242507981.html
Dallas officer accused of raping woman in squad car
by MATT GOODMAN
Posted on January 28, 2014 at 9:11 PM

DALLAS -- A Dallas police officer was arrested Tuesday for allegedly forcing a woman to have sex with him in return for not being arrested on an outstanding warrant.

http://www.mysanantonio.com/news/local/article/SAPD-officer-accused-of-rape-5005742.php
SAPD officer accused of rape
By Mark D. Wilson and J. Almendarez, Staff Writers : November 23, 2013

A San Antonio police officer was arrested Saturday and accused of raping a 19-year-old woman on the South Side early the day before. At a news conference Saturday, police said the officer has been accused of sexual assault before.

[Curmudgeoness]

14. All in Texas? Good gravy. nt

[tooeyeten]

16. Jay walking sting?

Aimed at college students, according to the media report. One question though, did the cops on bikes follow the rules of the road, or did they ride against traffic?

[Lithos]

22. The area she crossed is called "The Drag"

It is a very busy road which separates campus with many shops/restaurants/dorms/condos/apartments which form the west side of campus. I can understand the need to make the students more aware of the dangers; I used to be a student at UT and as a resident of the City I have had issues where students/bikes dart out in front of me w/o looking. Something should be done to improve this as APD is right, it's a safety hazard.

That said, i do not support the hard core nature of the officers; yes their actions were by the book. However, I think a gentler touch would have been a better outreach. Art, he's an a$$ who should resign.

[tabasco]

17. Only hippies and left-wing fruitcakes go jogging

That's a crime in Texas!

[Skittles]

27. I'll never forget seeing Rocky Horror in Austin

when he said, "It's no crime to give yourself over to absolute pleasure", the audience yelled back, "IT IS IN TEXAS!!!"

[bl968]

18. Police Chief should resign, but the arrest was valid

While the police chief's statement is indefensible, and he should resign; the arrest is in fact was valid.

The woman was jogging. She came to a street with a traffic control device which pedestrians under texas law are required to honor. She crossed the street ignoring the signal. The cops stopped her to issue a citation. They asked her for her id, you are required to give name and dob during a investigation/citation. She wouldn't give it instead continuing to protest that she didn't do anything wrong, according to the police she collapsed to the ground to avoid being taken to the police car. She was arrested and taken to jail until they could verify her identity.

The morale of the story is if you violate the law and the police stopped you for it, and don't wish to go to jail; give them your name and DOB.

I don't normally defend the police at all, but in this case the woman was in the wrong.

[NYC Liberal]

21. You are only required to provide identification if you are lawfully arrested, per TX law

[Shemp Howard]

23. You're missing the point.

Certainly, the jogger's actions opened her up to arrest. But that's not the point here.

The woman was jogging while listening to music. She couldn't hear the cop's command to stop. So the cop grabbed her to make her stop.

Now consider this. A person is just going about her day. She is bothering no one and thinks she is doing nothing wrong. All of a sudden she is grabbed. Anyone in that position would be startled and confused.

If you were grabbed from behind, would you be able to immediately obey the cop's instructions? Or would you instinctively take a step back and say something like "What?" or "I didn't do anything!"

We are not talking about an armed felon fleeing a bank robbery here. The cops could have and should have given her some time to collect herself. But that would be an affront to the badge! Better to cuff her and take away.

Something similar happened to an elderly Asian man in NYC awhile back. He couldn't understand what the cops were trying to say, so he was shoved against a wall, and ended up all bloodied.

I expect highly trained police officers to show some common sense! But unfortunately, they are all on permanent power-trips.

[tabasco]

25. Yes, the suspect was a great danger!

Thank God for the police for keeping us all safe from these joggers!

[warrant46]

26. Your Papers Please !!

[rhett o rick]

29. Even if the police were in the right, I think we've lost perspective.

Last edited Mon Feb 24, 2014, 12:11 PM - Edit history (1)

Police today choose to man-handle anyone that doesnt show immediate subjugation. Handcuffs and squad car should not have been needed.

[stage left]

20. The cops didn't sexually assault her, they just physically assaulted her?

Well that's all good then, Huh?

[bl968]

24. Texas police disagree

Lets take a look at what texas law thinks on the subject.

"A police officer does not need probable cause to stop a car or a pedestrian and investigate potential crime. According to the U.S. Supreme Court, a police officer may initiate a temporary stop, a level of intrusion short of an arrest, if the officer can articulate a reasonable suspicion that the suspect has committed a crime or is about to commit a crime.1 This is commonly known as a Terry stop. Further, if the officer can articulate a reasonable basis for suspecting that the subject might be armed, he can pat down the outer clothing of the suspect in a limited search for weapons. This is commonly referred to as a Terry frisk."

From Police Chief Magazine by an officer from Plano Texas. (http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1150&issue_id=42007)

Here's the penal code...

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

(c) Except as provided by Subsections (d) and (e), an offense under this section is:

(1) a Class C misdemeanor if the offense is committed under Subsection (a); or

(2) a Class B misdemeanor if the offense is committed under Subsection (b).

(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:

(1) a Class B misdemeanor if the offense is committed under Subsection (a); or

(2) a Class A misdemeanor if the offense is committed under Subsection (b).

(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1, eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 2003.

TEX PE. CODE ANN. § 38.02 : Texas Statutes - Section 38.02: FAILURE TO IDENTIFY - See more at: http://codes.lp.findlaw.com/txstatutes/PE/8/38/38.02#sthash.DlPPlPxo.dpuf

Section B provides a list of when a person is required to provide ID. If they are arrested, if they are lawfully detained, or if they believe the person was a witness to a crime. The jogger was lawfully detained for an investigative detention as the officers had witnessed her crossing against the traffic control device.

There are three distinct categories of interactions between police officers and citizens: (1) encounters, (2) investigative detentions, and (3) arrests. In determining which category an interaction falls into, courts look at the totality of the circumstances. An encounter is a consensual interaction which the citizen is free to terminate at any time. Unlike an investigative detention and an arrest, an encounter is not considered a seizure that would trigger Fourth Amendment protection. An encounter takes place when an officer approaches a citizen in a public place to ask questions, and the citizen is willing to listen and voluntarily answers. On the other hand, an investigative detention occurs when a person yields to the police officer's show of authority under a reasonable belief that he is not free to leave. When the court is conducting its determination of whether the interaction constituted an encounter or a detention, the court focuses on whether the officer conveyed a message that compliance with the officer's request was required. The question is whether a reasonable person in the citizen's position would have felt free to decline the officer's requests or otherwise terminate the encounter. Examples of circumstances that might indicate a seizure would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled. Crain v State (June 30, 2010, PD-1262-09)

There is no way this jogger will win her case once it gets to court.

[Nuclear Unicorn]

34. Sub-section (a) is misapplied

(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

A citation is given when the person has not committed a crime but has only made an infraction. Crimes involve arrest. You cannot be arrested for jaywalking. If it were a crime for which she could have been arrested she would have had to be Mirandized. People don't get Mirandized for jaywalking.

[Skittles]

28. I would have to question this man's qualifications to be police chief

part of his duties is dealing with the press and the public and saying something like that shows an appalling lack of judgement

[damnedifIknow]

32. Actually his response is believable

It's unbelievable that's it's believable.

[Egalitarian Thug]

37. Yay cops! Yay Texas!

[uponit7771]

38. FUCKIN WOW!!! So "they didn't rape her so it's ok" ..... response is playing how in the news? tia