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Cell Phone Commands Led To Club Tasings
by Thomas MacMillan | Oct 14, 2010 7:07 am
(33) Comments | Commenting has been closed | E-mail the Author
Jordan Jefferson and Zachary Fuhrer were ordered to stay off their cell phones. They disobeyed that command, drawing the ire of police who had raided a private party at a downtown nightclub. Then it got personal. Fists were clenched, and a Taser came out.
Jefferson and Fuhrer ended up in handcuffs. Jefferson, a 6’ 3” football player, was Tased twice and subdued by multiple officers, then taken to the hospital.
That version of events is included in newly released police reports about the arrest of two Yale students during a police action in the Elevate lounge on College Street, where Yale students were holding a private party on Oct. 2. Police said they received a report that the bar was overcrowded and sent in a group of officers, including two in SWAT gear, to check on underage drinking. The cops ordered everyone to put their phones away as police checked IDs and counted occupants. The raid was part of “Operation Nightlife,” a crackdown on the downtown club district; it led to charges of police misconduct that have attracted national attention and prompted an internal police investigation.
Police previously refused to disclose many details of the official version of what cops say happened inside Elevate. In response to a Freedom of Information request from the Independent, the city released three incident reports on Wednesday, offering a picture of the evening’s events. The reports indicate that the two arrests stemmed from the disobeying of an order to put cell phones away. The reports do not explicitly state why that order was given.
Lawyers for the arrested students declined to comment on the details of the case. Jefferson’s attorney said he doubts the accuracy of the police reports.
Two other local lawyers weighed in, and commented on the role of cell phones in modern police/civilian relations. Attorney Norm Pattis called the arrests of Jefferson and Fuhrer “a new low.” Attorney Elia Alexiades said that the students should have had a right to use their cellphones. Both lawyers predicted the courts won’t see it their way.
The Oct. 2 raid on Elevate was part of the ramped-up police activity in New Haven’s bars following downtown shooting in September. In the wake of that raid, police have faced a backlash of complaints from Yale students who say police were verbally and physically abusive.
The crackdown has resulted in a number of complaints about excessive police aggression in other incidents. Police are looking into cop conduct during a Crown Street arrest on Sept. 10, the ticketing of a motorcyclist on Sept. 23, the arrest of a Quinnipiac Student on Sept. 25, and the Elevate raid on Oct. 2.
Video of three of those incidents has surfaced. A clip shot inside Elevate shows cops subduing a person on the floor, then turning to address the crowd and shouting “Who’s next?” and “Anybody else?” (Click the play arrow to watch that footage.)
The person on the floor may have been Jordan Jefferson. The details of his and Fuhrer’s arrest—from the perspective of police—are laid out in a reports prepared by Officer Mathew Abbate and J. Marshall, and Lt. Thaddeus Reddish. Read them here.
Abbate’s report begins like a policy paper, with five paragraphs describing the policing problems presented by the club district and the city’s actions to address them. It then describes the raid on Elevate.
Here’s what happened, according to Abbate, Marshall, and Reddish:
At around 1:32 a.m. on Saturday, Oct. 2, the three cops were assisting state liquor officials inspecting Elevate. Reddish, the head of the SWAT unit, was loaded with “tactical gear” and armed with a Colt M4 rifle (pictured) in addition to his standard Glock handgun.
Police told everyone in the club to sit down and be quiet, “secure their cell phones” and produce identification.
“The crowd of patrons continued to talk on their phones, and talk loudly,” Reddish wrote. “The group overall complied but several males continued to use their phones in total disregard of the ongoing investigation.” Two in particular, Jefferson and Fuhrer, continued to use their phones and told others, “This is bullshit,” Reddish wrote.
Sgt. David Guliuzza told Fuhrer not to use his cell phone during the investigation. According to Abbate, Guliuzza said Fuhrer “hindered his duties by him having to repeatedly return to Fuhrer” to tell him to stay off the phone. Under Guliuzza’s orders, Fuhrer was arrested for interfering with an officer. “Fuhrer was set aside from the group and guarded by this officer,” Abbate wrote.
Fuhrer (pictured) was told to sit on the floor near the bar. Police put his phone on the bar, out of his reach. When Reddish turned his back, Fuhrer got up, retrieved his phone, and continued using it.
Meanwhile, Assistant Chief Ariel Melendez told Jefferson he couldn’t use his cell phone. When Melendez walked away, Lt. Reddish noticed that Jefferson took his phone back out and continued to use it. Jefferson said, “This is bullshit, who is this guy, who does he think he is,” Reddish wrote.
Reddish told Jefferson to get off the phone. Jefferson did not. Reddish told Jefferson to come to him. Jefferson looked up at him and smiled.
Reddish and Abbate walked over to Jefferson and Abbate escorted him away from a group of over 200 people. “While being escorted Jefferson began laughing and smirking at the crowd stating ‘fuck this shit,’” Abbate wrote.
Reddish “reiterated to Jefferson that he was interfering with the investigation, also explaining to him that his actions and vocal outbursts constituted disorderly conduct,” the lieutenant wrote.
“Lieutenant Reddish explained that Jefferson’s actions hindered the investigation by deterring other officers from doing their duties by having to repeatedly come back to him and tell him to put his phone away,” Abbate wrote. “While the Lieutenant was speaking to him Jefferson kept looking away and rolling his eyes, Jefferson was smirking and laughing at the lieutenant.”
Abbate decided to let Jefferson sit next to Fuhrer without putting him in handcuffs to “avoid the possible embarrassment of being handcuffed in front of his peers.”
“Jefferson, upon Lieutenant Reddish turning around stated ‘who the fuck this guy think he is,’” Abbate wrote.
As the inspection wrapped up, the people in the bar were lined up for counting and then let out of the club. Jefferson kept calling people over to him. He made remarks like “these guys are a joke” and “I’ll be out of this” and “this is nothing,” Abbate wrote. Jefferson continued to laugh at Lt. Reddish.
Then Abbate told Jefferson to stand up and put his hands behind his back. Reddish told him that he was under arrest for interfering and disorderly conduct. That’s when the real trouble began.
Jefferson is six feet and three inches tall and weighs 215 pounds, according to the report.
“Jefferson stood up and I saw him immediately clench his fists,” Abbate wrote. He said he was not going to be arrested. Abbate grabbed Jefferson’s left hand and started to handcuff him.
“Jefferson stiffened up and tried to push me away with his left hand,” Abbate wrote. “I felt Jefferson’s arm tighten up and I noticed him moving around more. I felt Jefferson was going to fight.
“I pulled out my Tazer X26 and placed it to Drive Stun Mode. I told Jefferson that if he fights I will use it against him. Lieutenant Reddish and I attempted again to place Jefferson in handcuffs. Jefferson pushed off me and swung his left arm back at me. I deployed my Tazer X26 into the rear of the right shoulder of Jefferson. Jefferson turned away and threw a punch at me, striking my hand. I attempted to grab onto Jefferson and bring him to the ground. Jefferson continued to fight and punched Lieutenant Reddish one time directly in the chest. With Jefferson swinging his fists at me I again deployed my Tazer X26, striking him in the chest. Jefferson continued to fight.”
Meanwhile, Officer Marshall noticed the fight. “I rushed to Officer Abbate’s aid as Mr. Jefferson was much taller and larger than Officer Abbate,” Marshall wrote.
Marshall, Guliuzza, and Abbate together wrestled Jefferson to the ground.
“I heard numerous patrons cheering for Jefferson to continue to fight and some left the line to gather around us,” Abbate wrote. “This situation placed the officer’s safety in immediate jeopardy.”
Marshall ordered Jefferson repeatedly to get on his stomach and put his hands behind his back. Jefferson elbowed Marshall in the mouth.
“Fearing that Mr. Jefferson may overpower me I began to defend myself and struck Mr. Jefferson once in the face with a closed right fist and once in the side with a closed right fist,” Marshall wrote.
Abbate wrote: “I observed that Jefferson was continuing to assault police officers and was continuing to resist arrest by physically striking officers with forearms and elbows; I again deployed my Tazer X26 into the lower back and lower leg of Jefferson. Jefferson continued to not place his hands behind his back and officers had to physically remove them from underneath his person. Jefferson was eventually handcuffed.”
Jefferson was placed in a cruiser and transported to Yale-New Haven Hospital for evaluation and treatment. He was charged with three counts of assaulting a police officer, one count each of inciting a riot, interfering with a police officer, and disorderly conduct.
In a grainy police mug shot, Jefferson’s face appears to be swollen.
The 4th Outfielder
Fuhrer’s attorney, Hugh Keefe, declined to comment on the case on Wednesday.
Jefferson’s attorney, Willie Dow, attacked the veracity of the police account. “Witnesses uniformly describe a scenario completely different from what is written in the officers’ report,” he said.
Jefferson was tased and injured and taken to the hospital, Dow said. “He’s still experiencing the consequences of manhandling by police and continues to receive medical treatment.”
Dow declined to comment further on the case beyond saying, “Interrupting a sanctioned social event with armed SWAT team members is not an effective way to address the problems presented by crowd dispersal on Crown Street in the early morning hours.”
Other lawyers, not involved in the case, spoke more freely.
Asked about the police charge that Jefferson and Fuhrer were interfering by not putting away their cell phones, attorney Norm Pattis (pictured) replied, “Welcome to the world of the fourth outfielder.”
The criminal code is written in such a way that there is always something that a cop can charge someone with, Pattis said. It’s like putting in an extra outfielder to catch all the fly balls the other outfielders might miss, he said.
Does Jefferson and Fuhrer’s refusal to put away cell phones rise to the threshold of interference?
“I hope not,” Pattis said. He said he hopes the case goes to trial, the students win, and then sue the police.
But that probably won’t happen, he added. “Judges love police and they forgive the fourth outfielder.” Cops are usually given the benefit of the doubt, he said.
Pattis said the police may have had a legitimate cause to ask people to put away their phones, but to arrest people who didn’t comply was not right.
“That’s a new low,” he said. It shows a lack of judgment by police, he said. “That looks to me like goose-stepping in New Haven.”
Elia Alexiades, a local First Amendment lawyer, agreed that courts tend to be supportive of police in situations like the one they faced in Elevate. The cops were outnumbered and had been shot at just a few weeks before and a few blocks away.
People do not have an absolute right to use their cell phones anywhere and anytime, Alexiades said. “That’s a right that’s restricted all the time.”
“In Elevate you’re dealing with a complicated situation. It’s a private nightclub that the police have entered so it’s a scene of police activity,” Alexiades said.
“Should the students have a right” to use their cell phones? “I say yes. Whether they ultimately do, that remains to be seen.”
Tags: Elevate, Operation Nightlife
Post a Comment
Comments
posted by: Ella Johnson on October 14, 2010 7:16am
OK. Now we’ve heard the gospel according to St. John, when do we get to hear the real story.
posted by: HN on October 14, 2010 7:40am
Well, I hope Jefferson learned his lesson:
Don’t laugh at little men in little blue suits.
posted by: Aldon Hynes on October 14, 2010 8:13am
Whether or not the courts rule that using a cellphone interferes with a police investigation, the New Haven Police Department might want to consider revising the Miranda Rights as they present them to students:
“You have the right to remain silent. Anything you say on a cellphone, or even attempting to use a cellphone in the vicinity of a police officer will be used against you, not only in a court of law, but as justification for physical abuse. You have the right to speak to an attorney. You just can’t do it on a cellphone in the vicinity of a police officer. If you cannot afford an attorney one will be appointed for you. If you go to Yale, you can count on your parents hiring some of the best lawyers in the land, probably Yale Law School graduates or lecturers and suing our asses off.”
posted by: Warp Speed on October 14, 2010 8:27am
It only took NHPD 2 weeks to get there story straight.
posted by: jack d on October 14, 2010 8:33am
What’s the old saying there’s one side the other side then the truth!
posted by: annie on October 14, 2010 8:36am
In todays world,police go to work & wonder if they will come home….when a cop tells you to do something….you do it…save the debate for later !!!
posted by: JAK on October 14, 2010 8:44am
Just put the cell phone away…do as they say…and nobody gets their feelings hurt, ok?
What do you think police are here to do? Argue with drunk college football players? Don’t ask for trouble and you won’t get trouble.
Its a pretty fair trade off that the mayor is offering. I’d rather see a show of force from police than semi-automatic gunfire, stabbings, and fort lauderdale style mayhem in downtown.
posted by: Aldon Hynes on October 14, 2010 8:57am
As a followup, I’ve written my blog post about this:
http://www.orient-lodge.com/node/4290
I also received the following comment
“It’s mind blowing to think SWAT would be used to check for ‘Code Violations’ of over crowding in a bar. To bring an assault rifle to check ID’s??? Really????”
posted by: Cedarhillresident on October 14, 2010 9:30am
Reddish turned his back, Fuhrer got up, retrieved his phone, and continued using it.
OMG in ANY OTHER situation in this town, state ect. this is a scary situation for a cop.
Who did this kid think he was?? OMG this is a police officer. Trying to control a LARGE crowd of people. WOW I personally think the kids has some big ones. I do not know of anyone that would of disobeyed an officer like that! And then talk to him that way…I would love to see how this kid treats his parents! What are kids thinking now a days? Let the officer do his job. This generation is way to full of themselves! ..we have laws for a reason!
posted by: Honestly on October 14, 2010 10:04am
The question is whether people have to follow an unlawful order from a police officer. Not “unlawful” in that they’re telling you to do something illegal, but unlawful in that the police have no authority or legal backing to give that order.
OK, this order was for everyone in the entire club to put away their cell phones. What if they said - OK strip searches for everyone. What if they said, OK now everyone roll around on the ground and make pig noises.
We can keep going even further into the more ridiculous, but the point is that the police don’t have God-like authority to make you do anything and everything. Unless their orders are backed by the law, citizens should have the right to question or disobey those orders, especially if it’s not a life or death situation (such as put away your cell phone in an underage drinking bust).
Every attorney who has weighed in on this, and the mayor, have concluded that the students had the right to continue using cell phones or videotaping the police. The students were well within their rights. The police were the ones making up their own rules as they went along.
posted by: R on October 14, 2010 10:16am
Hmmm, so if the whole thing had been videotaped, then we’d really know what happened. If the cops are telling the truth, a cellphone video might help their case. Who still doesn’t want video cameras allowed now?
It sounds like the kid was being a jerk, but I would feel agitated, too, if I was drunk and a SWAT team is sent into my party unnecessarily.
posted by: Wick R Chambers on October 14, 2010 10:19am
SWAT officers investigating underage drinking and overcrowding at a private party? Is that SOP? Sounds like things first got personal, then physical and then violent. Totally unnecessary. As bad as it was - and iit was bad - the community is lucky it wasn’t worse, much worse.
Moral of the story: show respect - everyone show respect. It may feel like an us versus them situationn but it’s really us versus us in disguiise.
posted by: annie on October 14, 2010 10:30am
OK… lets take it a step further..suppose the cops had knowledge that a bomb would be detonated by cell phone use….think the folks might want to do as they are told???????
posted by: robn on October 14, 2010 10:42am
<b> [url=“http://www.wired.com/images_blogs/photos/uncategorized/2007/09/19/donttasemet.jpg
“]Don’t Tase Me Bro![/url]
posted by: JAK on October 14, 2010 10:55am
“Honestly”
With all the violence on Crown st. clubs and in cities in general why on earth would the police have to put up with dozens of people in a crowded room taking out devices from their pockets and pointing them? How would you expect that the police can quickly and accurately tell the difference between a cell phone and a gun when they also need to be focused on the drunk jerk in front of them who is thinking about taking a swing at them?
I was raised to obey policemen. Weren’t you? Call me lucky but I’ve never been stripped searched. In fact, I’ve never heard of anyone being strip searched in public during an arrest. Are your ludicrous examples of police misconduct the best you got?
Its one thing to bust people who are across the street standing far away from the action quietly recording the arrest. Its an entirely different situation when the “camerman” is standing within close proximity of an arrest and is pointing a device at the officer while also trying to conduct some kind of “interview”. Give me a break.
When Crown street is consistently safer and a more pleasant environment for visitors and regular people to stroll at all hours, we can all definitely begin to pay more attention to the “civil rights” of obnoxious revelers. But until then keep the cell phone in your pocket, follow directions, and be polite.
posted by: streever on October 14, 2010 11:04am
It is a shame it ever came to this. Again, if the police had simply gone straight to the manager and instructed him to turn on the lights, turn off the music, and tell everyone to go home (and then check each ID as the patrons left the bar), it would have been controlled & more orderly.
In what world do police storm onto a dance floor, and start trying to arrest people in a huge crowd of 200+ individuals?
A world in which they are endlessly pushed hard on by Administration.
If the Mayor hadn’t made Operation: Nightlife such a high pressure job, and hadn’t used the angry, intimidating rhetoric he used, I can’t imagine these officers (especially Reddish) would have stormed onto the dance floor with M14s.
posted by: eli antonio on October 14, 2010 11:06am
The NHPD was wrong to do what they did, and i know it SOUNDS wrong, but better they beat on Yalies then New Haveners. Only now will the mayor react. if that’s what it takes to get change in motion, then thats what it takes.
posted by: Bruce on October 14, 2010 11:10am
The police have the right to detain people while they determine if a crime has been committed. Police also have the right to maintain order in a crowd who has been detained. That would include following orders if they instruct you to sit down and be quiet so that they can do what they need to do. If arrested, you don’t think a detained person has a “right” to use a cell phone while detained. If you don’t want to cooperate, you can ask if you’re free to go and you can legally refuse to answer questions.
Without even getting to the violent incident, it seems like interfering with an investigation is an appropriate charge (unless this report is completely fabricated, but there are plenty of witnesses to determine this).
posted by: Tim on October 14, 2010 11:12am
“Fuhrer (pictured) was told to sit on the floor near the bar. Police put his phone on the bar, out of his reach. When Reddish turned his back, Fuhrer got up, retrieved his phone, and continued using it.”
Are you f-ing kidding me?! Are kids really that stupid? The police are there to conduct an investigation, all you had to do was show some respect and you probably would have been out of there in a few minutes. Was using your phone that important at that moment?
posted by: Mister Jones on October 14, 2010 12:22pm
Three seconds into the video you hear a voice say “they killed Raheem” which refers to Spike Lee’s Do The Right Thing. From 1989, that movie is about as old as the students in the bar. Was that an erudite bit of commentary by a smart Yalie, using a pop-cultural/literary reference? In the film, Radio Raheem starts a brawl. When the police arrive they put a choke-hold on him killing him. Does the “killed Raheem” analogy mean that Mr. Jefferson was fighting, or was it just a joke?
posted by: SICK N TIRED on October 14, 2010 12:25pm
FIRST OF ALL, THE NON INVOLVED ATTORNEY’S WHO COMMENTED ON THE ABOVE ARTICLE MAKE IT SOUND LIKE THESE PEOPLE WERE ARRESTED FOR JUST USING THEIR PHONES. THEY WERE ARRESTED FOR NOT FOLLOWING ORDERS AND PUNCHING POLICE OFFICERS. I AM SURE THEY WERE NOT USING THEIR PHONES IN A LOUD CLUB BEFORE THE POLICE ARRIVED, SO WHY DID THEY FEEL THE NEED TO USE THEM AFTER THE POLICE TOLD THEM TO TURN THEM OFF. IF YOU FEEL YOUR RIGHT HAVE BEEN VIOLATED, DO WHAT YOUR TOLD AND GET YOUR ATTORNEY LATER. WHY ESCALATED A SITUATION?
HOW DID JEFFERSON AND FURHER GET SINGLED OUT OF 250 PEOPLE BY POLICE? THEY ACCOMPLISHED THIS BY INTENTIONALLY NOT FOLLOWING A DIRECT ORDER AND PUNCHING POLICE OFFICERS. THERE WERE 248 OTHER STUDENTS WHO OBEYED OFFICERS, BUT THESE TWO COULD NOT? WHY IS THAT?
SOME OF THE OTHER STUDENTS ARE SUING BECAUSE THE POLICE USED OFFENSIVE LANGUAGE AND SUBJECTED TO SITTING ON THE FLOOR. WOW!! OUR COUNTRY WOULD BE BROKE IF EVERYONE SUED FOR BEING SWORN AT BY SOMEONE. THESE ARE EDUCATED IVY LEAGUE STUDENTS BUT THEY DID NOT HAVE ENOUGH EDUATION TO FOLLOW AN ORDER.
THE PEOPLE IN THIS CLUB INITIALLY HAD NO IDEA WHY THE POLICE WERE ENTERING THE CLUB OR WHY THEY HAD TO TURN OFF THEIR CELL PHONES, WHICH IS ALL THE MORE REASON TO DO WHAT YOUR TOLD. WHO KNOWS, THERE COULD HAVE BEEN A TERRORIST THREAT IN THE AREA. AFTER 911, THE MEDIA SHOWED POLICE ARRESTING “SUSPICIOUS PEOPLE” AND CONFISCATING THEIR CAMERAS FOR TAKING PICTURES OF GOVERNMENT BUILDINGS, BRIDGES, ETC. AND I NEVER HEARD ANY COMPLAINTS THAT THEIR RIGHTS WERE BEING VIOLATED BECAUSE THE COUNTRY FELT SAFE THAT THE POLICE WERE TRYING TO KEEP US SAFE.
HOWEVER, YALE NOW HAS NATIONAL MEDIA ATTENTION FOR CELL PHONE USAGE IN A CLUB.!!! THE SAME THING HAPPENED TWO WEEKS AGO TO A QUINNIPIAC STUDENT. WHERE WAS THE MEDIA ATTENTION FOR THAT? THERE ARE SO MANY OTHER THINGS THAT HAPPEN IN THE NEIGHBORHOODS OF NEW HAVEN ALL OF THE TIME, BUT BECAUSE THIS INVOLVES YALE STUDENTS THERE IS OUTRAGE. WHERE IS THE MAYOR WHEN THINGS HAPPEN TO THE LESS PRIVELGED?
WHERE IS THE CLUB OWNER IN ALL OF THIS? I WILL TELL YOU WHERE HE HIS, HIDING BEHIND HIS ATTORNEY, WHO IN A OCT. 4TH ARTICLE ADMITTED THAT NEITHER HE OR HIS CLIENT KNEW WHAT THE CAPACITY WAS OF THE CLUB. HE ALSO ADMITTED THAT HIS CLIENT (elevate club owner) ALSO HAD PARTIES IN THE PAST WITH BETWEEN 400 AND 600 PEOPLE. WHY IS THE MAYOR ORDERING AN INVESTIGATION INTO THIS CLUB OWNER?. WHY AREN’T THE PARENTS OF THESE STUDENTS UPSET THAT THEIR CHILDRENS LIVES WERE PUT IN JEOPARDY BY THIS CLUB OWNER? THIS IS RECKLESSNESS.
THE POLICE WERE THERE BECAUSE THERE WERE OBVIOUS SAFETY VIOLATIONS AND THEY WERE ALSO THERE TO MAINTAIN ORDER IN A CLUB OF 250 DRUNKEN PEOPLE. THIS CLUB WAS OVER CAPCAITY BY 100 PEOPLE, SOME OF WHOM I AM SURE WERE UNDERAGE. THE POLICE WERE OUTNUMBERED AND PEOPLE WERE ORDERED TO THE FLOOR TO MAINTAIN ORDER AND ALSO TO PREVENT A STAMPEDE. WHAT DO THE POLICE GET FOR TRYING TO MAINTAIN A SAFE ENVIRONMENT, TWO IDIOTS WHO DECIDE TO SHOW OFF IN FRONT OF 248 OTHER PEOPLE BY REFUSING TO COMPLY AND FIGHTING WITH POLICE?
IF THERE WAS A FIRE IN THIS CLUB THEN ALL OF THE PARENTS OF THESE KIDS WOULD HAVE SUED THE CITY FOR MILLIONS OF DOLLARS. THE CITY AND POLICE WOULD HAVE BEEN BLAMED FOR NOT ENFORCING THE LAWS. THEN THE QUESTIONS THAT WOULD HAVE BEEN ASKED BY THE ABOVE MENTIONED ATTORNEY’S IS WHY WASN’T THIS CLUB SHUT DOWN?
IF YOU ARE A MEMBER OF THE YALE COMMUNITY, BRING MONEY TO THE CITY AND GET ARRESTED, YOU GET HI POWERED ATTORNEY’S AND THE MAYOR FIGHTING FOR YOUR RIGHTS. IF YOU ARE NOT AS FORTUNATE TO BE A MEMBER OF THE YALE COMMUNITY AND GET ARRESTED, THE MAYOR, CNN, CBS AND ABC DOES NOT CARE. NO ONE KNOWS YOUR NAME. IF JEFFERSON GETS OFF FOR ASSAULTING A POLICE OFFICER THEN THIS JUST PROVES MY POINT.
posted by: Aldon Hynes on October 14, 2010 12:45pm
I hope people are not suggesting it is appropriate to taser someone for acting like a stupid jerk, because if that was the case, I’d drain the batteries on my taser real fast.
There are times when it is appropriate for law enforcement officers to use force. There are times that it is not. A use of force needs to be reasonable and necessary. When a law enforcement officer uses force in an unreasonable or unnecessary manner, he damages the whole police force.
I suspect none of us have enough information to determine if this use of force was reasonable and necessary, although it seems like many of us have strong opinions on this.
Various agencies place law enforcement officers on administrative leave when there is an investigation of excessive use of force.
I do not know the New Haven Police Department’s polices on alleged excessive use of force, or if such complaints have been filed in this case. However, if I were working for the NHPD I would be thinking very carefully about what sort of internal investigations are warranted as well as whether or not certain officers should be placed on administrative leave.
posted by: nfjanette on October 14, 2010 2:28pm
If the Mayor hadn’t made Operation: Nightlife such a high pressure job, and hadn’t used the angry, intimidating rhetoric he used, I can’t imagine these officers (especially Reddish) would have stormed onto the dance floor with M14s.
You are completely off base, as are most of the people fixated on the title “SWAT” or on weapons and tactical protection used by the police. It was an M4 compact rifle and given the previous gun violence in that exact area of the city it made perfect sense for some of the officers to be better equipped that the standard patrol officers: hope for the best, prepare for the worst. If, God forbid, another gunfight had started in that area, the public might have been well served by the better equipped officers.
How the patrons of the club in question felt about the choice of equipment used by the police has nothing to do with the issue, which is the disobeying of lawful orders designed to control a crowd situation. In this case, the facts are far more straightforward than the over the top rhetoric being offered by NHI reporters and some people’s comments. Two people disobeyed orders and resisted arrest. What happened next was predictable and most likely, an appropriate use of force, even though the result was the unfortunate injuries of some people. There have been times when police have unused unnecessary or excessive force; this does not appear to be one of those times. That those students attend Yale, or that the police wore black, or any other details don’t change the basic, sad facts.
posted by: Threefifths on October 14, 2010 2:52pm
Becareful.The police across the country have found a new weapon to stop this.If you take pictures of the police and it has sound,You will be arrested on a wiretap charge.You can bet king john will start this here.
http://blog.pennlive.com/patriotnews/2007/06/brian_d_kelly_didnt_think.html
Now he is the you tube.Take a good look and ask you self the troop gits out of the gun with gun in hand,No badge on his neck.unmark car.Now what if theguy he stop had a gun and shot him.What would all of you have done if this was you.Bottom line thank god he had a camera mounted to his helmet. If fact what would you pro police people do.Rememeber how do you know this man who got out of the car is a police officer?
posted by: FERN on October 14, 2010 3:06pm
I WAS DOWNTOWN THE NIGHT OF THE INCIDENT AND WAS COMING OUT OF ANOTHER CLUB AND SAW SWAT AND OTHER OFFICERS GOING INTO ELEVATE. LATER I SAW THE POLICE CHIEF COMING OUT OF ELEVATE. OBVIOUSLY HE KNEW THE RAID WAS COMING, EVERYONE SAW HIM WALKING DOWNTOWN THAT NIGHT, WITH HIS WHITE SHIRT. HE IS THE CHIEF, HE SHOULD KNOW WHEN A RAID IS ABOUT TO HAPPEN. HOW CAN THE POLICE CHIEF ORDER AN INVESTIGATION INTO THE INCIDENTS WHEN HE WAS AT THE CLUB? DID HE SEE THE ALTERCATION? OR DID HE TURN HIS BACK ON HIS OFFICERS WHEN THE ALTERCATION BEGAN? NICE TO SEE YOU HAVE YOUR OFFICERS BACKS.
posted by: Anon on October 14, 2010 6:08pm
One police report read like a policy paper? Hah, wow, interesting. Inaccurate AND backdated. Thus the delay in release of the public reports?
Notice the blase attitude of local lawyers, the ones not assigned to these cases. It’s weird, as everyone who knows anything will tell you, including judges, that they know it is common for police to fabricate in their reports, then this legal community says at the same time, that courts are loathe to question the cops veracity in court.
How are we to take that, that they are loathe to be perceived as questioning the veracity of cops in courts?
Why, is it so epidemic that a judge would be the odd man out, out on a limb and far ahead of his peers if he took on this epidemic?
So they all just go along to get along?
posted by: Anon on October 14, 2010 6:25pm
It’s amazing how in the comment section and in norm’s comments nowhere is there recognition that the cops may be fabricating this report. Even a local lawyer in the comment section just assumes the police report is accurate. What planet are they living on?
Although previous stories already said that Yale students deny the police account, it is important when you identify the arrestee, post his picture etc, that you give more than one sentence to the arrestee’s denial of the charges.
It also might be a good idea to interview some veteran crime journalists about the need to scrutinize police claims in general. There is a great PD beat reporter at the Portland Oregonian, a past Neiman fellow.
Frankly, I am just amazed that there could be doubt from where I am in the trenches that there is an epidemic of police fabrication in reports. That’s not the same as a fourth outfielder. Everywhere you look there is documentation of it. Dershowitz has testified before Congress about it, verified cases of it abound in New Haven, civilian review boards have rallied over it across the country, NY Civilian Review, a board with more teeth than ours and peopled by lawyers, is pulling its hair out over it, yet no one listens. The lawyuers who play along are the worst.
A new low Pattis says? What a joke, I know some of his cases and there are many lower than that. He will say anything to get a client.
What on the “Marketing Trench Menu” today Norm?
We Don’t Know if Mr. Jefferson was even using a cellphone. We know the police claim it, and we know their credibility as a group isn’t good. Anyone who denies that is, well, in denial.
posted by: Anon on October 14, 2010 6:32pm
nfjanette says: “In this case, the facts are far more straightforward”
He knows the “facts” supposedly. An intelligent person, who is surely aware that police have been caught in the past fabricating, but doesn’t care. I don’t get that Nathan. Explain that.
You’re right the weapons have little to do with it, I agree there. the “facts” are, from where you and I sit, that police claim he was involved in some cellphone thing and then started swinging.
The students deny that.
If you were at Club Elevate, you should call the lawyers and the cops and tell them what you saw, since you know the facts.
If not, I recommend some rational withholding of judgment, at least, which would be more in line with your intelligence.
It is so biased for you to claim to know the facts when you weren’t there.
posted by: Anon on October 14, 2010 6:51pm
The headline shouldn’t have been without something like, “police say”
You don’t write just: “Cell Phone Commands Led To Club Tasings”
And notice, half the commenters are responding as if that is an established fact, when it is not.
posted by: robn on October 15, 2010 9:06am
Nobody, but nobody, beats the crud out of a Yale football player and gets away with it….unless that somebody happens to be a Harvard football player.
posted by: Clu(B) less New Haven on October 15, 2010 10:46am
These points however interesting and entertaining they are will really provide to be mute. Once the camera footage from Elevate is released, which will probably be by one of the club’s, or students attorneys we will see what really happened.
posted by: Long Time Resident on October 15, 2010 8:38pm
Once in a great while the pampered brats at Yale receive the same policing as everyone else in this city and then act as if they’re all so persecuted. I can tell you from personal experience, that if you are going to resist or fight an officer, you are going to feel pain.
I once made the same foolish move and got roughed up properly. I was lucky I wasn’t also charged with assaulting an officer.
These disrespectful ... got off easy.
Like they always do.
posted by: Gene Debs on October 19, 2010 9:01am
Interesting: first police said they were responding to an anonymous complaint of underage drinking. Then, it was a random compliance check. Finally, it was a report of overcrowding. I’m skeptical it was anything more than an opportunity to bully a crowd of geeks. (I mean that in the best sense of the word.)
