Though the issue surrounding the right to photograph and videotape police would seem to be sufficiently well known and understood, even by those dumber than bricks cops who just don’t like it when someone ignores their authority, there are still a few cops who can’t seem to grasp that it’s not only lawful, but going to bite back very shortly.
Meet Las Vegas Police Officer Derek Colling, whose conduct in the pointless beating of Mitchell Crooks not only demonstrates that he doesn’t yet get the idea that videotaping is lawful, but couldn’t wait to inflict his “world of hurt.”
Via Injustice Everywhere and Carlos Miller, the simple scene of a guy with a video camera, unconnected to any wrong whatsoever, is just brutal. Crooks videotaped it, with the camera running even after it was beaten from his hands and lying on the ground. Of particular note is when Colling informs Crooks that he’s about to inflict a “world of hurt” in furtherance of his desire to protect and serve.
Crooks, 36, ended up bloody with a broken nose and charged with battery on a police officer and obstruction of justice. Another case of a citizen viciously attacking a cop’s fist with his face. Yes, judge, that can happen. Charges have since been dropped and Colling is enjoying a paid vacation while internal affairs investigates. Sources say that they may eventually watch the videotape.
Notably, though hardly surprisingly, Derek Colling has had a few violent episodes in his past.
Colling has been involved in two fatal shootings in his 5 1/2 years as a Las Vegas police officer. In 2006, he and four other officers shot Shawn Jacob Collins after the 43-year-old man pulled a gun at an east valley gas station.
In 2009, he confronted a mentally ill 15-year-old Tanner Chamberlain, who was holding a knife in front of his mother and waving it in the direction of officers. Colling shot him in the head.
Both shootings were ruled justified by Clark County coroner’s juries.
In the scheme of things, these killings are far more serious than the mere beating of Crooks for videotaping, particularly the killing of Tanner Chamberlain. That Colling was too quick to want to inflict harm should have raised a red flag. Twice. And yet he was still out on the street to enjoy his “world of hurt.”
In an unusual juxtaposition, Crooks also has some history with the police:
Crooks made headlines in 2002 when he videotaped two Inglewood, Calif., police officers beating a 16-year-old boy. One officer was fired and criminally charged but was not convicted after two trials ended with hung juries. The incident strained race relations in Southern California — the police officer was white, the teenager black.
And without Crooks’ videos, chances are nonexistent that anyone would have believed how things happened. For decades, defendants and others have argued about abuse and misconduct, and courts have refused to believe it possible, siding with the police as the default reaction. How many cops fists were viciously assaulted by a person’s face?
And yet I venture to guess that even now, if there’s no video of the beating, judges will still refuse to believe that the cop is vicious and violent. What will it take before judges stop accepting the word of a cop at face value and start scrutinizing what transpired to consider the possibility that the cop is a liar and the citizen is the victim?
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Stunning video and post. You’re right, Scott, video technology advanced the debate on police brutality. It’s no longer possible to scoff at accounts of official violence.
We talked previously about my experience in 2005 when as a lawyer walking out of the local Justice Center my objection to rude and disrespectful language directed at my client and myself by a security monitor–brought 5 armed deputy sheriffs down on me. Fully compliant I was thrown down, pepper-sprayed, dragged to a Justice Center elevator and beaten in the ribs by Sheriff’s department thugs. After being indicted on multiple counts of felonious assault my CDL asked for the video. There was none.
Yeah, there are some vicious bastards out there “serv[ing] the public.”
What still troubles me BL is that so many judges will acknowledge that it does happen now, because the videos are undeniable, and yet when there is no video to be had, the return to the knee-jerk default that the cop is always right. We can’t seem to get past the hurdle that when a person appears for arraignment beaten and alleging that he’s been the subject of abuse, judges must scrutinize the matter beyond merely accepting the cops’ allegations.
It’s hardly a perfect solution, but we have got to eliminate those cases where the allegations are along the lines of “the defendant attacked my boot with his jaw” or the only offense is resisting, obstruction or failure to obey, rife with the potential for abuse.
Part of the problem is that State Court Judges in many if not most jurisdictions see cops as constituents of the court in more ways than one. A pissed off cop who thinks a judge has treated him disrespectfully can marshal a law enforcement lobby or boycott and effect the judge’s fundraising or reelection.
By the way (and hoping I’m staying on SHG-mandated point,) I posted a story at my blawg from Alaska in which a US District Court judge rejected the “expert” testimony of a state trooper who said he could smell “grow operations.” I think it took a judge with a lifetime appointment to have the courage to toss the evidence in that case rejecting cop’s claimed expertise.
While judges who run for office certainly adore the law enforcement endorsement, and fear being labeled an evil “soft on crime” judge, I suspect that’s only part of the problem. Add to that the combination of laziness, routine, and playing the odds. Few judges I know believe that they don’t try to be fair. They are incredibly sincere when they explain how hard they try. But then, judges are no better at self-assessment than anyone else, and they can’t bear hearing that they aren’t admired, respected and beloved by all.
Sir, as promised I’ll refrain from attempting to draw similarities from my past experiences with bad cops to this case.
Instead, I’ll ask Attorneys/Lawyers to clarify that *while in the process of operating a camera in public, is it a crime to capture a public servants’ image on film? *Is it a misdemeanor or felony?* Is it a crime to defend yourself from the unlawful touching/punching/kicking from another human in public? *Which state(s) are effected? *Do you wait for the call from the victim or do you seek him/her out after learning about the existence of a video?
As tourist, pro/am photographers & everyday taxpaying citizens become ‘Victims of the System’ (VOTS) on a daily basis and Judges/Juries continue to ignore solid proof (video, mug shots, witnesses & battered defendants) it enables and entices. Ignorance of the law is no excuse but when the law(s) begin to smell like dead fish, the people will stop buying, eating & shitting your product. Thanks.
What will it take before judges stop accepting the word of a cop at face value and start scrutinizing what transpired to consider the possibility that the cop is a liar and the citizen is the victim?
Three wise men and a virgin.
Great. Where the hell are we supposed to find three wise men?
As this video graphically evidences, police officers are brainwashed into dehumanizing civilians and viewing them as the enemy. As there is little if any accountability in any police department, even with videos like this one proving their felonious assaults, there is no incentive for cops to follow any laws except their own. Power with no accountability breeds crime and arrogance. This incident screams volumes about the contempt which cops have for the taxpaying citizens who pay their salaries.
I get the sense you’re angry. And that you aren’t really Justin Bieber, as your email suggested. Justin Bieber?