Posted on 10/01/2005 10:10:27 PM PDT by starfed
Witness disputes officer’s account
CYNTHIA M. ELLIS, The Telegraph 08/12/2005
WOOD RIVER -- A witness who watched the arrest of a car theft suspect said a bystander did nothing wrong by failing to aid police because the officer seemed to be in control of the situation -- including using a Taser to subdue the resisting youth.
Officials said charges against a 40-year-old man for refusing to aid an officer could be dropped; however, police first must complete their investigation into the matter.
Peter Skinner, of the 100 block of Thompson Avenue, is charged with a misdemeanor for refusing to help Police Officer Darrell Jose when asked for his assistance on Aug. 4. The charge states that Skinner "knowingly failed, upon the command of Officer Jose, to give reasonable aid to the officer in apprehension."
Skinner’s scrape with the law started after Wood River police caught up with a juvenile who allegedly stole a car and then resisted arrest. Moments before police arrived, Skinner had helped the juvenile and two other youths change a flat tire on the car, which he did not know was stolen.
Police said Jose spotted three youths -- a 15-year-old boy, a 16-year-old boy and a 12-year-old girl -- near a reported stolen car in the 800 block of Haller Avenue.
Deputy Police Chief William Webber said that when the officer approached the car, the 15-year-old attempted to flee and the officer caught him. Webber said a struggle ensued, at which time the suspect attempted to remove the officer’s pistol.
Webber said the suspect actually was able to reach Jose’s gun holster and unsnap it. He said it was at that moment that Jose asked for assistance from Skinner, and he refused.
Delores McLaughlin, 55, told The Telegraph she watched the arrest from her apartment. She said that when she heard the noise outside, she went into the kitchen and looked out the window.
"I thought it was a fight of some kind," McLaughlin said.
She said it surprised her when she saw that it was a police officer trying to subdue a teenager.
"The young man was lying on the ground, and the officer was on top of him," she said.
She said the teen wouldn’t lie still and kept bucking to try to get the officer off of him.
"I could see (Jose) was getting very upset," McLaughlin said.
She said she watched Jose use a Taser on the young man several times but that the youth didn’t seem to stop moving around. She said that during the whole time that Jose struggled with the juvenile, she never heard him ask Skinner for assistance.
McLaughlin said she believed the officer was in control of the situation because of his use of force and didn’t need Skinner’s assistance.
Skinner, who had left the immediate area after helping to change the flat tire, told The Telegraph that he approached Jose and the youth during the struggle.
"Officer Jose was already out of his patrol car and violently subduing the suspect," Skinner said. "At this point, I moved to within seven yards of the scene to better witness what was going on."
Skinner said Jose’s squad car blocked his view. He said he believed that by staying back, he would not be interfering.
"My concern was for both the teen and the officer," he said.
He said he could see that Jose was extremely well-trained and appeared to be in charge of the situation and in no apparent danger from the youth.
"My focus was on the bloodied face of the teen, whose head was turned toward me," Skinner said.
He said he never heard Jose ask for assistance and was dumbfounded by the charge. He said he yelled at the teen to stop resisting. He said he saw the youth shocked with the Taser at least four times but he would not lie still to allow Jose to handcuff him.
"I told him, ‘Just lay down, man, stop resisting," Skinner said.
He said the 12-year-old girl started yelling and that at no time did he hear Jose ask for assistance.
"Would I have assisted upon Jose’s command to assist? Yes," he said. "I would have done anything to stop watching the kid get hurt."
Webber said he understands Skinner’s plight; however, the charges cannot be dropped until the investigation is complete. Because the case is ongoing and involves juveniles, Webber said he couldn’t comment about specifics.
However, he said he is concerned because people are saying they saw the event and alleged wrongdoing by Jose but no one is coming forward. He said when the Police Department receives a complaint about an officer’s actions, it is taken seriously.
"If there are witnesses, they should come forward," Webber said.
He said people should not forget the seriousness of the charges against the 15-year-old and the fact that he resisted arrest and tried to grab an officer’s gun. He noted the youth continued to resist even after Jose used his Taser on him.
Webber said Jose is an outstanding officer who was shot and wounded in the line of duty several years ago.
Skinner said he doesn’t want people to criticize Jose or the Police Department for doing their job. But he said police should explain their actions to those who witnessed the events.
"I would also like to know what we all might have done differently -- police and public alike," he said.
Skinner said his simple act of kindness last week has turned his quiet life into chaos. He said he would like the charge against him dropped so he can move on.
"I just want the healing to begin," he said.
cynthia_ellis@thetelegraph.com
I just want everyone to know that what i witnessed and experienced that day was a test of my beliefs in law enforcement versus our beloved constitution. No one who witnessed the event said they heard the cop ask me for help. So i ask myself why sould he make such a charge against me? Well... about four days after the event i wrote the whole thing down and realized that what i had witnessed was possibly a clear cut case of abuse. I don't think anyone who says that the car thief kid got what he deserved would feel that way if they knew the facts and if the child was their own. It behoves me as a citizen and veteran to witness truthfully and actively so that this sort of thing does not happen again in my town. At some point i would also like to see that the law invoked against me be given a closer look.
I thought the police always told us citizens to leave it to the professionals for that matter fire officials tell us the same thing. I guess I'm just a little confused
Good luck to you.
best of luck to you.
I would hope the LEO F.O.P./Local DA must clarify this serious matter. Normally In this area Lex.KY, LEOs are more concern w/ crowd control.
The police are under no legal obligation to come to your aid when you call 911. If they fail to show up no crime is committed by them and you can't sue them for anything bad that happens. It's amazing to me that the reverse isn't true.
I would hope the LEO F.O.P./Local DA would clarify this serious matter. Normally In this area Lex.KY, LEOs are more concern w/ crowd control.
I'll dig up some links for stories & post 'em.
Wow, good luck to you!
A police officer lied? Shocker.
I do think the cops are over stepping their boundaries by dragging you into this, whether they ask for help or not.
i feel, why should a citizen get dragged into an arrest if a citizen doesn't want to? I don't want my wife being told to apprehand a hoodlum. Also, like your case, you didn't hear the cop say anything.
it's negligance on the part of the cops to involve a citizen into a crime scene when a arrest is ensuing, especially if the citizen deosn't want anything to do with it. I'm not going to risk my life over a cop wanting to arrest someone. I don't feel like getting stabbed, shot or a desease from some hoodlum they are trying to catch. A situation like that involves alot of moral/mental angles. But in your case, if you feel like there is abuse going on, fight the system.
I wasn't there so i can't really say but it sounds like you need a good lawyer and just get advice from him.
Now, the cops did not cite the old lady quoted in the aticle for failing to help, nor would they even ask were she standing in your position. How is it that the law isdifferent for you than her in th same cuircumstance? It can'tbe.
Let's us know how thing turn out.
My gut feeling says you have no problem, yet I know the anxiety and frustration must be intense being sucked into this mess.
I bet this dissolves quickly.
Sorry you have to go through something so assinine.
I disagree. Car thieves shouldbe beaten to death.
Could you post text of the law here? Has anyone been charged or prosecuted under this law before?
That is the officer's description of what happened. Not the "witness" who has now become a perp. The witness did not describe the teen struggling for the gun.
My own experience with MPs in the service is that they will lie to cover for their unlawful behavior. When I refused to abandon a friend of mine to two MPs who had threatened to bust his head, I was arrested and charged with, among other charges, "disturbing the peace". In a war zone. These two MPs just flat out lied.
I was fortunate that the entire organization was so corrupt that I was able to have the charges dropped.
The witness claims that he was motivated by a desire to stop the harm to the teen. I can't imagine that "immobility" is one of the outcomes of multiple taserings. Cattle prods are not used to subdue cattle, they are used to prod them into movement.
"Officer Jose was already out of his patrol car and violently subduing the suspect," Skinner said. "At this point, I moved to within seven yards of the scene to better witness what was going on."
Skinner said Jose’s squad car blocked his view. He said he believed that by staying back, he would not be interfering.
There would immediately arise issues of liability to the citizen so pressed into service. What if the perp capped said citizen? I couldn't see even Scalia or Thomas backing this one up.
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