But For Video: Smashed Teeth Edition

Kaheem Tribble would have blended into the huge, amorphous group of 16-year-old black kids taken off the street after they resisted arrest, forcing the police to engage in some defensive action to prevent their imminent harm from his teeth. Except for the video.

What makes this particularly notable isn’t just that there was video to blunt the routine claim that the young man deserved to be pistol whipped in the face, despite the fact that he had his hands up (as if that ever happens, Michael Brown), but that Kings County District Attorney Kenneth Thompson (who posted the video to Youtube!) has chosen to prosecute the cops for the attack.

The teenager, Kaheem Tribble, then slowed and faced an officer, Tyrane Isaac, who took a wild swing at his head. As another officer, David Afanador, approached, Mr. Tribble raised his hands; Officer Afanador swung his gun at the teenager’s mouth, breaking his teeth, prosecutors said.

The episode on Aug. 29 has led to criminal charges against the two officers, who were arraigned on Wednesday.

Officer Afanador, 33, was charged with felony-level assault, along with criminal possession of a weapon and official misconduct. Officer Isaac, 36, was charged with misconduct and misdemeanor assault.

Of particular note is the charge of criminal possession of a weapon when the weapon is a police issued pistol.  Certainly its use was illegal, but its possession was authorized by law.  The challenge is reminiscent of a trespasser ab initio, where lawful conduct is transformed into unlawful conduct by subsequent illegal conduct.

The officers were released without bail, which will no doubt anger some, but was likely appropriate as there is little chance they will abscond.  If anything, the issue is why others aren’t treated with the kindness shown police officers in court. But then, that could similarly be said about the kindness police officers show 16-year-old kids named Tribble on the street.

21 thoughts on “But For Video: Smashed Teeth Edition

  1. Dave B

    There was a case in germany 3 years ago where 2 police officers were convicted of armed robbery for stealing laundry detergent from a truck accident while having their police issued pistols on them.

    But all they got was a fine and getting suspended for a while.

    1. SHG Post author

      Despite my initial inclination to trash your comment as being so wildly off topic as to make grown men cry, I decided to post it instead and thank you for bringing to my attention. You are awesome.

  2. Anna

    As a citizen, do I assume any risk of police misconduct simply by living in society? This may not be the best example for this question since the officers are being charged. But if it is rational for cops to act in ways such as this, or even worse because they fear what might happen, it seems like any risk inherently assumed in their job is pushed to the public.
    If a cop pulls me over, then shoots me for grabbing something too quickly. Do I routinely accept the risk of being shot every time I drive?

    1. SHG Post author

      Oh cool! Loaded questions! Fun stuff.

      The answer is yes, you assume the risk of being shot, beaten, etc., by virtue of living in society. Laws are premised, of necessity, on some basic presumptions, which include that government actors will conduct themselves properly, lawfully and in good faith. While videos such as this prove that doesn’t always happen, it doesn’t shift the presumption to bad faith, such that any time a cop approaches you, you can presume he’s about to commit a crime and harm/kill you, and act pre-emptively to save your own life. So yes, living in society assumes the risk of police misconduct.

    1. SHG Post author

      It may not have been meant to be a loaded question. There’s a difference. The problem with your question is that it presumed negative consequences, as if interactions with police, by definition, would involve misconduct. Bear in mind that there are millions of interactions between police and people every day, the vast majority of which result in no misconduct, no harm, no arrest, no problem. And life goes on. Sometimes, bad things happen.

      The point is that for years, the system pretended that bad things essentially never happened, because it was a cop’s word against the victim of his misconduct. Now, we know that bad things do happen, which hopefully gives rise to recognition by all the players in the system to recognize this reality and deal with it rather than dismiss it and live in our fake Utopia where cops do no wrong. Knowing the problem exists is, hopefully, the start to fixing the problem.

      1. Anna

        I see. This is also not meant to be a loaded question but I’m having trouble wording it better. Do you think presuming good faith is a fair standard? And by fair, I mean, is there a better alternative? It seem necessary. Although, I have never had anything but good experiences with cops, but I am not an inter-city black teenager…or a teenager anywhere, really.

        1. SHG Post author

          There is no viable alternative to the good faith presumption. Sometimes, the answer is that it’s not good, but the alternative is worse. People don’t like that response, and it doesn’t make anyone feel better, but it’s the best there is.

  3. John Barleycorn

    Named Kaheem you mean. Nobody messes with furry little Tribbles not even Capt. Kirk.

    Well, I guess they do in Kings County but this must have been some bad apples that didn’t get the memo or watch Star Trek at the police academy.

    I especially liked the hesitation of the first officer, fat and bald, as he was loading up his first punch. I wonder if they teach that tactic under “How to punch a surrendering and unarmed Tribble that is retreating” in the academy?

    You just know the prosecutor is going to have to ask the jury pool if they watched Star Trek.

    1. SHG Post author

      I tried desperately to come up with a Star Trek title, but came up empty. I was very sad. But on summation, you can bet the lawyer is going to ape the fact cop’s first lame punch. I know I would.

        1. SHG Post author

          Aside from it being too obvious, it would have trivialized what happened. It’s hard to use a reference without making a serious matter appear comical. Or maybe I was overthinking it.

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