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SEE IT: Indiana cop keeps job after shoving paraplegic man out of wheelchair (VIDEO)
NY Daily News ^ | July 3, 2014 | Joe Kemp

Posted on 07/05/2014 1:02:32 PM PDT by Slings and Arrows

An Indiana cop was allowed to keep his job after police brass recommended he be fired for shoving a paraplegic man out of his wheelchair during a confrontation on the street, officials said.

Lafayette Police Lieutenant Tom Davidson was one of several officers called to confront the wheelchair-bound man, Nicholas Kincade, at North Ninth and Elizabeth Sts. on Oct. 1, 2013, officials said.

Kincade, 25, had allegedly told employees at a nearby charter school that he was carrying a gun, the Lafayette Journal & Courier reported.

The cops quickly determined that Kincade wasn’t packing heat and only found a pocket knife that he said he carried for protection.

Footage from a camera mounted to an officer’s patrol car shows the uniformed officers talking to Kincade, who was warned that he could be charged with trespassing if he returned to the school’s property.

But when Kincade started to leave, his motorized wheelchair hit Davidson in the leg and the officer promptly knocked the man to the ground.

“It was just inappropriate,” Police Chief Patrick Flannelly told reporters on Tuesday.

“The subject was complying at that point in doing what we’d asked him to do.”

Kincade tumbled to the ground and cut his face when he hit the pavement.

“Now you’re going to jail,” the officers tell Kincaid as he’s cuffed.

“I didn’t see you,” the handicapped man said.

Kincaid was charged with battery against a law enforcement officer, but the case was dismissed five months later.

Flannelly said officials with the LPD reviewed the 33-minute clip of the ordeal and recommended Davis, the highest-ranked officer at the scene, be fired.

Flannelly said the use of force could have easily been avoided if Davidson simply took one step out of the way.

But the department’s Civil Service Commission voted that Davidson only be punished with a 30-day suspension and placed the officer on supervisory probation for a year.

He was transferred to the department’s Administrative Services Division in order to “put some distance” between the department and the incident, Flannely said.


TOPICS:
KEYWORDS: abuseofpower; cops; donutwatch; protectandserve
It's his own fault - he should have had a dog for them to shoot.
1 posted on 07/05/2014 1:02:32 PM PDT by Slings and Arrows
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To: null and void

Five officers against one man in a wheelchair - why, oh why, didn’t they call for backup?


2 posted on 07/05/2014 1:03:40 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

All in a days work.


3 posted on 07/05/2014 1:08:38 PM PDT by Telepathic Intruder (The only thing the Left has learned from the failures of socialism is not to call it that)
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To: Slings and Arrows

There’s people who shouldn’t be cops and they let them be cops. There’s people who prove they shouldn’t continue to be cops and they continue to be cops. The video should be fair game for any trial in which this guy’s involved, thereby rendering him totally useless as a cop putting him on equal footing with his uselessness as a human being.


4 posted on 07/05/2014 1:12:38 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Slings and Arrows

Guy in a wheel chair mouths off to cops all day long and then runs over a cops foot on the way out. Maybe it was an accident or not.

But when you play games with cops - don’t be surprised when you are on the ground with cuffs.


5 posted on 07/05/2014 1:17:33 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Slings and Arrows

Fat cops...Hell, I’m in better shape.


6 posted on 07/05/2014 1:18:09 PM PDT by Dallas59
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To: Slings and Arrows

It’s amazing how the left wants the public disarmed, but are totally cool with people like this having all of the guns.


7 posted on 07/05/2014 1:19:13 PM PDT by VanDeKoik
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To: Slings and Arrows
It's clear from the video that the motorized wheelchair ran over the cop's foot. A motorized wheelchair is in the neighborhood of around 300 pounds and often capable of carrying another 300+ pounds. I think most people might be at least a little irritated after having their foot run over by a heavy machine.

The cop might have over-reacted, but his response wasn't completely unexpected.

8 posted on 07/05/2014 1:20:56 PM PDT by freerepublicchat
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To: Slings and Arrows

I almost always bash the cops on vids like this, but ya know what?

Para definately tried to run over the cop’s foot —I can’t say this was totally unprovoked. Pushing him over like that wasn’t called for but this guy absolutely needed to be arrested and roughed up.

Looks bad, sure, and some overuse of force, but there was some provocation, there.

90% of the ones I comment on really ARE jack-boots syndrome, but this is not really an egregious case, I think.

There is a small number of handicapped people who think they have a 100% free pass.


9 posted on 07/05/2014 1:27:14 PM PDT by gaijin
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To: Starstruck
This demonstrates a problem, not only with law enforcement, but all government service. The Chief wants to get rid of him, but then has to keep him due to a labor relations board. The same thing happened in Spokane WA recently. A sheriff's deputy was caught having sex on duty. The Sheriff began the process to fire him and he was overruled by an arbitrator.

This will also happen when people start getting named in the VA and IRS scandals.

10 posted on 07/05/2014 1:28:25 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Slings and Arrows

Here’s the raw dash cam video (looped a couple of times).

http://www.youtube.com/watch?v=zKo7RfafYys


11 posted on 07/05/2014 1:38:36 PM PDT by DemforBush (Whoever double-crosses me and leaves me alive, he understands nothing about Tuco.)
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To: gaijin

Why didn’t the officer step aside to give him leeway to maneuver? He seemed to be deliberately blocking his path... at least partially. If you had just been confronted by police, you would surely want to be on your way as soon as possible.


12 posted on 07/05/2014 1:41:23 PM PDT by sueQ
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To: USNBandit
This demonstrates a problem, not only with law enforcement, but all government service. The Chief wants to get rid of him, but then has to keep him due to a labor relations board.

I agree. Bad employees should be fired. This is true for government workers, teachers, professor, unions and private sector workers. If you can't effectively do the job you were hired to do then, goodbye. When you allow them to continue you are screwing the communities, taxpayers, students, companies and stock holders.

13 posted on 07/05/2014 1:45:06 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: DemforBush

Thanks for posting. He clearly yelled, “I DIDN’T SEE YOU!”


14 posted on 07/05/2014 1:49:52 PM PDT by sueQ
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To: Slings and Arrows

Gestapo USA


15 posted on 07/05/2014 1:50:15 PM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: Slings and Arrows

Most likely the cop was fired, by his own people, because he violated one of the main goals of today’s law enforcement: Terrorize the serfs.

The handicap man should have been tasered into a fatal heart attack or made to absorb 5-to-6 rounds...


16 posted on 07/05/2014 1:54:32 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: Slings and Arrows

Sometimes ya just gotta show people who’s boss. Ya know?


17 posted on 07/05/2014 1:58:11 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: VanDeKoik
It’s amazing how the left wants the public disarmed, but are totally cool with people like this having all of the guns.

What's really amazing is how the left is so anti-police and anti-law enforcement in general, and yet they want far more laws and government intrusion into our lives, enforced by guess who?
18 posted on 07/05/2014 2:03:42 PM PDT by rottndog ('Live Free Or Die' Ain't just words on a bumber sticker...or a tagline.)
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To: Slings and Arrows

If this were Mayberry, Andy would have taken the guy home and Aunt Bea would have made him fried chicken and a peach pie for supper.


19 posted on 07/05/2014 2:09:00 PM PDT by Kirkwood (Zombie Hunter)
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To: Slings and Arrows

well at least the moronic a-hole cop went home safe.

Maybe the cop felt for his safety or he was pissed that there was no service dog to shoot and kill.

Cop should be sued for all he’s worth and sent to jail for 5 years.


20 posted on 07/05/2014 2:12:05 PM PDT by chiefqc
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To: 2banana

“Guy in a wheel chair mouths off to cops all day long and then runs over a cops foot on the way out. Maybe it was an accident or not.

But when you play games with cops - don’t be surprised when you are on the ground with cuffs.”

Maybe cops need to start being the one on the ground and in cuffs.
Whatever you think, contempt of cop is not a crime. A cop’s ego does not make law. This sound much more like a cop looking for an excuse to take revenge for having his ego bruised.

Accidents do happen. Strange how the slightest little thing sets cops like this off, but we are supposed to ‘understand’ any access by a cop.

What you call playing games with cops, is other people remembering they are citizens, not subjects.


21 posted on 07/05/2014 2:26:10 PM PDT by LevinFan
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To: LevinFan; Alaska Wolf; TexasFreeper2009; DCBryan1; Slings and Arrows; Doomonyou; napscoordinator; ..
JBT Ping list


22 posted on 07/05/2014 2:36:28 PM PDT by null and void (If Bill Clinton was the first black president, why isn't Barack Obama the first woman president?)
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To: Starstruck
This is why the new head of the VA is doomed to fail. He is going into a system corrupted by a culture of lying to secure bonuses. They will complain that taking away bonuses will remove the motivation to perform, but it will also remove the motivation to defraud the government.

There are a bunch of people that need to be fired, have their retirement stripped, and be prosecuted. If their fraud produced performance bonuses then they need to cough that money back up or have their assets seized.

23 posted on 07/05/2014 4:32:54 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Slings and Arrows
Five officers against one man in a wheelchair - why, oh why, didn’t they call for backup?

Because they are true warriors, a band of brothers!

If we are mark’d to die, we are enow
To do our country loss; and if to live,
The fewer men, the greater share of honour.
God’s will! I pray thee, wish not one man more.

Good God, think of the danger. The paraplegic could have had a nitrous system installed in that horrific machine of death he violently drove with such reckless and obstreperous abandon.
24 posted on 07/05/2014 5:12:13 PM PDT by Robert Teesdale
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To: 2banana
But when you play games with cops - don’t be surprised when you are on the ground with cuffs.

Quite true.

When you play with enraged patriots with loaded rifles, don't be surprised when you find your uniform on the short end of a sociopolitical miscalculation.
25 posted on 07/05/2014 5:13:38 PM PDT by Robert Teesdale
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To: Slings and Arrows

They were outmanned....


26 posted on 07/05/2014 5:13:53 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Starstruck

Bad employees usually get promoted under Obama (FedGov anyways)


27 posted on 07/05/2014 5:15:53 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Robert Teesdale

They got home safe that night - that’s all that matters.


28 posted on 07/05/2014 5:48:54 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: 2banana
Guy in a wheel chair mouths off to cops all day long and then runs over a cops foot on the way out. Maybe it was an accident or not. But when you play games with cops - don’t be surprised when you are on the ground with cuffs.

Authority and power are supposed to be accompanied with a sense of responsibility. If they take anything a citizen says personally, then they are not suited for the job. If they take the slightest opening to use unnecessary force, they are not suited for the job.

29 posted on 07/06/2014 2:02:47 AM PDT by trebb (Where in the the hell has my country gone?)
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To: freerepublicchat
It's clear from the video that the motorized wheelchair ran over the cop's foot. A motorized wheelchair is in the neighborhood of around 300 pounds and often capable of carrying another 300+ pounds. I think most people might be at least a little irritated after having their foot run over by a heavy machine. The cop might have over-reacted, but his response wasn't completely unexpected.

The cops were lucky they didn't get him and them seriously hurt. They flipped the chair over on it's side. It is not wise to stand near the front of a motorized wheelchair near the joy stick. Accidents do happen including people hitting them.

The officer would have known the chair was fixing to move. Motorized wheelchairs will click {relays engage} when the joystick is moved into any direction. How the back tires are pointed can also effect how the chair initially turns upon command. Notice the guy is also on a sideways incline adding more for the guy to deal with because he wants it to go straight and not start downhill in what would have been to his left.

A simple HALT would have sufficed. The man is a paraplegic and any number of factors they had no clue about like rods in the spine could have left him quad if he had them.

I had a cousin who was downtown at some street festival. She's a quad. Some how her chair tipped forward and threw her out. The initial response of well intended person could have done her serious harm. They ran toward her wanting to lift her up. Another cousin saw what happened and yelled don't touch her. He knew how to safely lift her. She does have rods in her spine.

I've had my feet ran over a few times with motorized wheelchairs while I was wearing tennis shoes. Seriously it's not that big a deal. I yell ouch ouch ouch jokingly and my wife says Oh I'm sorry. Never in 29 years has the pain anywhere approached a level of anger or severe pain for that matter. Yes they weigh 300 pounds but 300 pounds is not on the persons foot. The weight is spread out over four wheels. She's done it to me with every chair she's had at least once likely several times and I've accidently ran it into myself a few times by accidently hitting the joystick.

Her first chair learning to use it she parked it on top of my foot LOL. That was a big 1985 era Rolls with the large 20" drive wheels.

30 posted on 07/06/2014 2:45:26 AM PDT by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: gaijin
I looked at the clip. The joystick was on the users left side indicating the driver was likely left handed. Watch the cops as he starts to move. The ones at the patrol car move their feet. As the chair begins to move it makes several turns. That is normal because the back wheels are starting to align and track. Their is a curb to the wheelchairs left an obstacle he by experience avoids. A maneuver toward the wall would be an instinctive move. Notice the cop he hit did not move nor attempt to do so and that foot was out in front of the other.

HUM sounds like they had a verbal argument, the guy started to move on, the cop stood there while others moved and in the close proximity he got hit. When he said I didn't see you he likely meant he didn't see his foot that was extended out. I know to clear my feet from a wheelchair once it starts moving.

The setting options of the wheelchair also factor in as to how much steering response he has. There can be anywhere from two to a dozen settings and some are for indoor and some outdoor. Indoor offers a tighter turning radius but at lower speeds. Outdoor mode has less steering reaction and higher speed because the joystick being moved changes the steering. It prevents the chair from making violent fishtailing actions at higher speeds he would have likely been using. The chair can possible do 5-7 MPH in outdoor mode. It also changes the braking. You do not want the chair to suddenly stop when doing 5 MPH.

Next thing is why was he a Paraplegic? MVA maybe with head injury? They can be temperamental and in some cases child like in responses but usually harmless. The best way to defuse it is to not keep arguing. Stop for a minute, talk about something else, then go back to your questions. Obviously he had enough cognitive abilities that the doctors ordered the chair.

All they had to do was turn the darn chair off and threat was over. They could have raised the darn arm rest. Escape over motion stopped. They could have grabbed his left arm and held it. Surely four cops could hold one Paraplegics arm still. They could have even prevented him from moving simply by pulling the lever that disconnects the gearbox from the motors. They flipped the chair. Very bad judgment on their part for many reasons.

What disturbed me was the quick push from the officer. It's obvious he did not see him as a threat to start with or he would have chosen a different posture. The guy began moving the other cops moved their feet even though they were further away to give him room to move but the officer in front didn't. Moving that one foot a few inches would have likely prevented it. He didn't. Why?

As I posted in another reply I've been ran over by motorized wheelchairs before. It doesn't hurt that much. Actually I just parked my wife Permobil C300 on top of my bare feet and it took some doing to make it do that. It was on indoor mode. A little uncomfortable but I wasn't yelling. She wasn't in it but the chair weighs 300.

31 posted on 07/06/2014 3:40:48 AM PDT by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: sueQ
Why didn’t the officer step aside to give him leeway to maneuver? He seemed to be deliberately blocking his path... at least partially. If you had just been confronted by police, you would surely want to be on your way as soon as possible.

Exactly. The other two cops obviously were done with him and moved to give him room. I looked at the guys left hand on the control kinda blurry but he was trying to correct the chairs direction because it had been pointed toward the curb. His last move before it hit the shoe was toward the street or to his left. Curbs are a serious danger to motorized wheelchairs and users fear them for good reason. He needed more room on the officer to his right side and it appears he was trying to stay as far up hill as possible and still miss him. His body position told him one thing but cops foot stuck out in front way beyond where he was standing by what looks like about 18 inches. I would have moved my darn foot in toward the wall badge or no badge once I heard the relays click. The push at him came way to fast also. This stinks. Verbal abuse or no that is no reason to push a man like that. It would have taken substantial effort to have tipped that chair over the man using it could not have done it.

32 posted on 07/06/2014 4:21:22 AM PDT by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: cva66snipe
One last notable thing. Paraplegic usually means loss of lower extremities or very limited use. Quadriplegia means both upper and lower limbs effected even though the person may for example be able to use their hands somewhat. Paraplegics usually do not qualify for motorized wheelchairs as they affected from the waste down and are able to wheel themselves in a manual chair.

The media doesn't know the difference and often confuses the two. I'd bet he's an incomplete quad. That is the term used when the person has some useable movement like the ability to use a motorized wheelchair but not enough strength to wheel themselves.

I think the cop needs an education. He needs to spend some volunteer time in a spinal cord/head injury rehab center.

33 posted on 07/06/2014 4:40:55 AM PDT by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: Slings and Arrows; Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

34 posted on 07/06/2014 6:10:38 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: freerepublicchat
A motorized wheelchair is in the neighborhood of around 300 pounds and often capable of carrying another 300+ pounds.
BS. The fat pig didn't limp or miss a beat.
35 posted on 07/06/2014 6:25:28 PM PDT by Half Vast Conspiracy (Settled science.)
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To: 2banana
“Guy in a wheel chair mouths off to cops all day long and then runs over a cops foot on the way out. Maybe it was an accident or not.But when you play games with cops - don’t be surprised when you are on the ground with cuffs.”

Really.

http://i2.cdn.turner.com/cnn/dam/assets/140703122438-cop-push-wheelchair-story-tablet.jpg

36 posted on 07/07/2014 4:28:33 AM PDT by FBD
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To: freerepublicchat
I respectfully suggest you give this picture a good look, and do a reassessment of who the aggressor actually was.

http://i2.cdn.turner.com/cnn/dam/assets/140703122438-cop-push-wheelchair-story-tablet.jpg

37 posted on 07/07/2014 4:34:16 AM PDT by FBD
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To: Slings and Arrows

I am with the cop on this one. From the video, it appears as if the guy deliberately ran over his foot.


38 posted on 07/07/2014 4:43:10 AM PDT by sport
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To: sport
I am with the cop on this one. From the video, it appears as if the guy deliberately ran over his foot.

Possibly. In any case I think it's understandable that someone might lash out as soon as they're run over.

There's a big difference between an action that's impulsive and one that's calculated with respect to the level of responsibility. It's hard to hold someone completely responsible for something they do if there's no time for them to think about it. That's not to say they shouldn't be punished at all, of course.

A person that disturbs the neighborhood after dark with screams of fright is very different from the person that chooses to wake everyone up with yells.

39 posted on 07/07/2014 2:27:32 PM PDT by freerepublicchat
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