All That Is Required For Government Thugs To Prevail Is For Good Citizens To Do Nothing

Law, Politics & Current Events

You know, there are power-mad assholes in every profession. There are power-mad assholes working at Starbucks, and at Barnes & Noble. But if you encounter a power-mad asshole at Starbucks, you might get yelled at for ordering an unnecessarily prolix drink. If you encounter a power-mad asshole at Barnes & Noble, some hipster dick in black horn-rims might roll his eyes at you when you buy "Twilight" for your niece's birthday. If, on the other hand, you encounter a power-mad asshole who is a cop, it is entirely possible that you will wind up with a ticket if you are lucky, and handcuffed, tazed, or even dead if you are not.

Hence the bad cops — like the bad judges, and bad teachers, and bad members of all the other professions that hold substantial (and mostly unchecked) power over us at various moments of our life — stick out in our mind more. It's tempting, as a result, to conclude that there is a much greater percentage of power-mad assholes among the cops than there is in the general population. I think there is probably a somewhat higher percentage — the job holds attractions that draw power-mad assholes, and the law enforcement culture hardly discourages acting like one — but I don't think that the delta is as dramatic as our gut might tell us after an unpleasant encounter.

There's no way to count reliably, so ultimately it's an angels-on-pins type question. But though we can't count the bad cops and make four-colored graphs, there is something we can do — stand up, and speak out, about power-mad assholes with badges. That is, in fact, our obligation as free people. Radley Balko at The Agitator links to a compelling story with a quintessential example of one citizen standing up and refusing to tolerate a cop's power-mad delusions of entitlement.

Josh Wexler says he saw New Orleans Police Department Officer William Torres run a stop sign and hit a pedestrian. According to Wexler, Torres reacted in classic RESPECT MAH AUTHORITAH fashion:

When the pedestrian raised his hands as if to say, “What are you doing?” the officer rushed out of his vehicle and “angrily” grabbed the startled man, Wexler said.

The officer in question, William Torres, reportedly forced the pedestrian to place his hands on the hood of his squad car and reached for his handcuffs as if to arrest him.

The charge would be "using skull, back, and legs to strike hood of patrol car while policeman is in the course of his lawful duties."

Now, the New Orleans Police Department is notorious. It's notorious in a way that makes LAPD's Rampart Division look like a cocktail party at the ACLU. But Wexler stood up. And immediately — and predictably — Officer William Torres, entitled power-mad asshole, was enraged:

He got out of his vehicle and told the officer he saw him run the stop sign and hit the pedestrian. Wexler told Torres he had no right to arrest the man.

At this point, Torres reportedly allowed the pedestrian to go free, directed his attention to Wexler and asked, “Do you want a ticket?”

“A ticket for what?” Wexler said. “I didn’t do anything.”

“It’s a simple question. Yes or no. Do you want a ticket?” Torres reportedly responded.

Wexler said he told the officer he had nothing more to say and walked back to his car where he wrote down Torres’ name and badge number.

Torres followed him.

“You want to write down my name? I'll show you I can write too. Give me your license, insurance, and registration. I know who to harass,” Torres reportedly said.

Wexler provided Torres with the information but refused to answer further questions.

“If you don’t answer my questions, you are going to jail,” Torres reportedly threatened.

Eventually, Torres wrote Wexler a ticket for failure to wear a seat belt and left the scene.

Let's be clear: Wexler is fortunate. It required a significant amount of luck to emerge from that encounter without being handcuffed, or tased, or even shot for "resisting arrest."

Wexler filed a complaint. It's highly unlikely that anything will ever come of it. The people who police the police — whether they are cops themselves, or "independent review boards" — tend to discount citizen testimony unless it is elaborately corroborated. In this they are speaking the party line:

“Police officers are citizens of the United States and just like everybody else they have due process rights,” Gallagher said. “If there is no evidence against an officer, should he be disciplined anyway? There’s no question that it has become a standard defense attorney tactic to have their clients make a complaint against an officer. It’s part of an accepted strategy now.”

See, some cops and their defenders — and the more milquetoast of their watchdogs — think that one citizen's word is not evidence if it is levied against a cop. Of course, our judicial system routinely asks judges and juries to accept the word of a single cop over the word of a single citizen, and judges and juries routinely do so without hesitation. The notion that a single civilian's story of law enforcement misconduct inherently weighs less than a cop's denial is part and parcel of the system that condones, and even encourages, some cops to be power-mad assholes, and the system that encourages an attitude of entitlement and superiority among cops like William Torres.

This culture, when it changes, changes slowly. What will it take? It will take more of us being like Josh Wexler, and speaking up, and taking the attendant risks. Let's not pretend for a moment that's not dangerous. It will take more people using new technologies to monitor police misconduct. It will take more people documenting police misconduct, whether in general or in particular geographical or subject-matter areas. It will take more people willing to reflect on the cultural message that police officers, by their nature, must be telling the truth, and that people accused of crimes, by their nature, must be lying. What have you done? Step up.

Edited to add: Josh Wexler comments below, reporting the predictable result of the complaint.

Last 5 posts by Ken

9 Comments

8 Comments

  1. jb  •  Sep 15, 2009 @10:22 am

    I read once that abuse-of-power follows a power-law distribution – that is to say that 90% of the complaints of abuse in any particular geographic region are directed at only 10% of the cops.

    Now, it is true that defendants file claims, but they do so indiscriminately. It seems eminently reasonable to look at the overall pattern of complaints – if a cop has a significantly higher-than-average level of complaint, their testimony shouldn't be considered more valuable than the average citizens.

    Bleah. What a terrible situation.

  2. Windypundit  •  Sep 15, 2009 @2:01 pm

    What annoys me is the implicit equation between a policeman's job and a citizen's freedom. Of course cops are entitled to due process and a presumption of innocence—when accused of a crime. But when it's just their job on the line, there's nothing wrong with using a lower standard of evidence. For those of us not protected by civil service laws and union contracts, that standard of evidence is nothing. Every job I've ever had, I could be terminated for any reason or no reason. Sure, it's unfair to lose your job becuase dickheads complain about you, but it's just a job.

  3. Josh Wexler  •  Sep 15, 2009 @6:59 pm

    "Wexler filed a complaint. It’s highly unlikely that anything will ever come of it."

    Nothing ever came of it. I was told an investigation would be completed within a month, and that the findings would be mailed to me. After 8 weeks, I spent hours on the phone trying to information about the investigation, but mostly getting the runaround instead.

    At one point, I spoke with the officer who conducted the investigation (the NOPD handles investigations against the NOPD, not an independent board). He told me that his recommendation was that the complaint be found false (he also could have essentially exonerated the officer with a finding of "unsupported," but chose not to do so). He also told me that if he were the officer in question that day, that he might well have arrested me for interfering with the investigation/arrest of the pedestrian.

    I still have not received a report on the findings of the complaint investigation.

    Anyone interested in the case can reach me at the email address below.

    Thank you for the very thoughtful post.

    -Josh Wexler
    jdwexler@yahoo.com

  4. Ken  •  Sep 15, 2009 @9:01 pm

    Thanks for the comment, Josh. I take it that the "investigation" was premised entirely on comparing your word to Officer Torres' word, and finding your word false.

  5. Louise Valente  •  Sep 15, 2009 @10:01 pm

    I used to think these complaints against cops were primarily sour grapes. Then I was driving down the 57 freeway and was hit by a car going 90 miles an hour, knocked toward the center divider, and they sped away. I stopped at the next offramp and called a cop, who proceeded to berate me. Apparantly, between where I had been hit and the offramp there was a jurisdiction change. Because I did not know which side of the invisible line I was on at the moment of impact, I was to be berated. Never mind that I had just been hit by a lunatic – I should remember which side of the line I was on so he would know which form to use. What really slayed me was that when my friend's husband showed up, the CHP became all nicey nicey, making me look like a nutcase for being mad. Once he had a witness….. I did complain – the commanding officer rolled his eyes and said the guy was going through a divorce so I should just let it go.

  6. Austin  •  Sep 16, 2009 @6:50 am

    I guess I am glad I am only dealing with a power mad kindergarden teacher.

    Hey , imagine a power mad kindergarden cop.

  7. Andrew  •  Sep 16, 2009 @11:58 am

    "It's not a tumor, you little punk! Johnny, go grab my Tazer from the supply cubbyhole."

  8. Josh Wexler  •  Sep 17, 2009 @12:28 am

    Ken,

    That is my understanding. I can't say exactly, since I never got a report on the findings. But, the officer who conducted the investigation told me that the officer who ticketed gave a different account of the incident.

    I can't imagine how any other account would stand up to even a modestly thorough investigation. He apparently acknowledged getting out of his car to stop the pedestrian (whom he claims ran dangerously into the crosswalk). How he could construct a story of getting from there to issuing a seat belt ticket the driver of a car behind his who was out of his vehicle, and have that stand up to any scrutiny is beyond me.

    I presume this is part of the reason why the city attorney hastily threw out my ticket before trial. My lawyer approached him to talk about the case. The city attorney already knew of the case and immediately said he was issuing a "Nolle Prosequi" before my lawyer could ask for one.

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