Ed. Note: Greg Prickett is former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth, Texas. While he was a police officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.
In Portland, Oregon, all the members of the Police Bureau’s Rapid Response Team (RRT) resigned, en masse, after Officer Corey Budworth was indicted for 4th degree battery[1] for his attack on journalist Teri Jacobs. The 50 or so officers didn’t like it.
They announced that they were leaving the all-volunteer RRT, but they did not resign as officers. The reason for the resignations, in addition to the indictment, was that Ted Wheeler, the mayor, said the police were using too much force; that Marco Hernandez, a federal district judge, said that the police were using too much force; and that Michael Schmidt, the District Attorney, said that the police were using too much force. So, I watched the video.
I noticed a couple of things right away. The first blow from Budworth’s baton was to the back of the head of someone who was moving away, and the second blow was to the front of the head while the person was on the ground.[2] In neither case were the blows warranted, nor were they in any way necessary.[3] Schmidt was absolutely correct in seeking an indictment.
But that’s not the main issue here. The main issue is the absolute tone-deafness on the part of the police, including the police union. You guys need to listen up, if the mayor, a federal judge, and the prosecutor are telling you that the police are using too much force, then you are using too much force. Judge Hernandez had gone as far as issuing an injunction to prevent the police from using certain types of force against peaceful protesters, which the police have violated. Judge Hernandez found the police in contempt of court. He then sanctioned the police department, ordering additional training in crowd control.
The police just aren’t hearing it, and want to quit playing, to take their ball and go home. I’m sure that most people who are familiar with me won’t be surprised that I don’t have a problem with that, but they aren’t going far enough. If you are going to quit, then quit—don’t make a useless symbolic gesture that makes you appear to be petulant children.
But wait! That’s not all. It gets better…
Elijah Warren, a homeowner, was talking to an officer about tear gas seeping into his home, when Detective Erik Kammerer struck Warren in the back of the head, behind the ear, with a baton. Other officers pulled Kammerer off Warren, explaining that he was a homeowner. Warren was hospitalized after the event. The city refused to identify Kammerer, likely for an understandable reason.
Kammerer is a homicide detective and routinely testifies as an expert on deadly force, including on several controversial officer-involved shootings. In those shootings, all the officers were cleared. As of June 15th, DA Schmidt announced that the Oregon Department of Justice was investigating the use of force by Kammerer for possible criminal prosecution. In addition to hitting Warren hard enough to send him to the hospital, the DOJ is also looking into a second incident where Kammerer took a protester to the ground and pinned her there because she had the audacity to spit in the direction of a riot control van.
Which, of course, is completely appropriate in Portland. Disrepect the police, have force used against you. And you should still be able to testify with impunity about the use of force in the future, without defense attorneys bringing this up.
After all, like the police union said about Budworth:
Unfortunately, this decorated public servant has been caught in the crossfire of agenda-driven city leaders and a politicized criminal justice system.
Or perhaps, as DA Schmidt said:
When that line is crossed, and a police officer’s use of force is excessive and lacks a justification under the law, the integrity of our criminal justice system requires that we, as prosecutors, act as a mechanism for accountability. Public trust requires nothing less.
If the 50 or so members of the RRT are really disgusted with what is happening, they have an option. They can quit the department and leave law enforcement.
[1] In Oregon, 4th degree battery is a misdemeanor punishable by up to a year in jail and/or a fine of up to $6,250. Ore. Rev. Stat. § 163.160.
[2] Most police departments, as do I, find that a blow to the head with a baton, is a use of deadly force.
[3] Apparently, the City of Portland agrees, having recently settling Jacob’s lawsuit in the matter for $50,000, plus $11,000 in attorney fees.
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All the different. cameras that are in use all most anywhere should have both police and protesters behaving knowing that chances are whatever they are doing is being filmed. The police who have been getting away with murder because DA’s and others have let and even encouraged them. Hopefully they’ll catch on and do their jobs as they been trained and within the law. Hopefully. If not as Mr. Prickett points out perhaps they should seek employment in a different field.
There’s two words I keep not hearing..
In support of note 2: Unless something has radically changed in the ten years since I retired, head and neck strikes with batons are strictly forbidden, along with several other spots on the body. At least they were in our organization and we used a training system designed and certified by the baton manufacturer which was, to my knowledge, common practice at the time. Both initial and recurrent certifications required “red suit” drills that reinforced those restrictions.
You were taught the same way I was taught, and how I taught others. The way we phrased it, unless you would be justified in shooting the subject, your baton better not get anywhere near the head. BTW, I hated those damn Redman exercises.
So, If the Judge says “Stop Resisting…”, in open court at sentencing, will that mean we can all have nice things again…???
So if the use of a baton to the head is considered deadly force, wouldn’t that make a blow to the head without justification “attempted murder” of some flavor?
It could be, but there are no bright line rules to that effect in the law.