KLNMurthy wrote:Shreeman wrote:^^^"you do exactly as the cops ask you to, they do not have time to find out if you are a threat to them or not."
This is the key.
How is it the burden is all on an abdul like Mr. Patel and not on the cop who is trained and paid to make good decisions?
Do you think an average Indian man, frightened and under pressure, will be able to follow precisely instructions shouted at him by a large white hostile armed official in an incomprehensible accent in a language he barely knows? Have you ever tried to give a simple instruction to someone not in a professional situation and seen how accurately it is followed?
When you grandly reveal "the key" and dust off your hands, you are overlooking the human element on the side of the Indian man. On the other hand, the officer's human element is already built into the system, because his conduct, while unfortunate, is completely lawful in a system that allows him discretion based on his own subjective threat perception.
It was not Mr. Patel's fault here for not following instructions and not his family's fault for not teaching him ahead of time. You are making it look like it is, by announcing your simplistic "key".
I just took a look at the court blog from the first trial, the cop claims that Mr. Patel kept trying to walk away (though I can't see that on the video), later reached into his pockets, and that while taking him down, he did not sweep the leg and both fell.
http://whnt.com/2015/09/02/courtroom-bl ... wn-arrest/
Prosecution has called its first witness, Officer Charles Spence. He is a former U.S. Army Military Police Squad Leader & has been a Madison Police Officer for 20 years.
He has been a field training officer for 15 years. FTOs are responsible for teaching policies and procedures dictated by MPD.
Parker was serving as an FTO at the time of the incident on February 6th.
The Jury is now hearing a recording of the dispatcher’s call to police about a man looking into garages on Hardiman place.
Spence: “It was a ‘check subject’ call…. Whenever we receive a ‘check subject’ call we respond to the area to make contact with a subject and question him about his conduct.”
Spence says he responded to Hardiman place first, where he saw Sureshbhai Patel walking down the sidewalk. Since Mr. Patel did not meet description of a “black male” he continued down the street to 148 Hardiman Place. Spence says he did assume that might be who the caller was referring to.
Spence: “We receive calls on suspicious persons all the time.”
Prosecutor: “Are they mostly false alarms or people committing crimes?”
Spence: “They are usually people just out doing their business.”
The Jury is now viewing dash cam video of the incident from Officer Parker’s patrol car.
You can view the video here:
http://whnt.com/2015/03/27/madison-poli ... violation/
The Jury is now viewing dash cam video of the incident from Officer Parker’s patrol car.
You can view the raw video here.
Video now showing the incident from Officer Spence’s patrol car.
Parker says “relax, relax, relax” before slamming Patel to the ground. “He tried to jerk away from me!..I tried to pat him down but he kept walking away from me. ….I don’t know what his problem is but he won’t listen.”
You can hear the officers saying: “It’s alright. You can walk. Stand up. Can you stand up? You okay? Try to stand up. Do you understand English? No?”
This continues for a couple of minutes.
Officers continue to ask Mr. Patel questions in English. Parker says: “You told me ‘no English’, you can understand English.”
Patel won’t get off the ground and Parker, the training officer, and Spence question why he won’t stand up. Continue to ask him to stand up.
Patel was later admitted to the hospital for a spinal injury as a result of the takedown.
You hear Parker on the video: “He kept jerking away from me. My thought was he had something in his pockets….I asked him his name and he told me, then said ‘No English.’ It might be a language barrier but I don’t think so.”
Spence says as he pulled up to the scene, Patel had his hands behind his back. He could not see if he was resisting or not, but saw Parker take him down.
“He appeared to hit the ground hard.”
Afterward, Patel’s shoe had come off, he had blood running from his nose, and his legs would not support his weight.
Prosecutor: “Did you see anything that would have caused you to lay hands on Mr. Patel?”
Spence: “No sir, I didn’t.”
Sureshbhai Patel has been called to the stand. He is being brought in in a wheelchair.
Ismail Charania will be interpreting for Patel.
Mr. Patel is telling the jury where he is from and his age, 57. He lived in India for all his life until he joined his son in America. He says he does not speak or understand English.
Patel says he was a farmer in India growing grain and barley. He says he has a fifth-grade education.
Patel says he arrived in the U.S. on Jan. 30th, 2015 to live with his son and help care for his 2-year-old grandson.
Patel says his wife arrived in the U.S. on June 12, 2015.
When asked if he missed his wife during her absence, Patel said through his interpreter that “He was handling it,” drawing laughs from the people in the courtroom.
Patel said he went for a walk around the neighborhood every morning, but stayed on the same street as his son’s house and never went farther than 10 or 11 houses away.
Patel is describing the day leading up to the incident. He’s describing his dress and the weather.
He says he was walking on the footpath next to the road. He says he did not go to anybody’s house or into anyone’s yard on his walk.
Patel says he stopped when he heard shouting from behind him. He recognized the uniforms the men wore as police uniforms.
He says he stopped when they shouted, but he could not understand them. He says he was only able to respond, “No English, no English.”
Patel says he had no idea why police stopped him. He says “They shouted, so I stopped.”
He says there were two police, both younger than him, who he described as “skinny.”
Patel says he attempted to convey to them that he was walking toward his house, number 148. It was at that point that one of the officers put his hands on Patel.
Patel said when the officer put his hand on him, he did not attempt to jerk or pull away. He says shortly after that, the officer “put him on the grass.”
He says while one officer had his hand, one officer tried to check his pockets. In his pockets were an handkerchief and some tobacco, he said.
Patel said he stood throughout the encounter with police and never attempted to pull away or jerk away.
Patel said he remembers being put on the ground and blood coming from his nose. He says officers tried to lift him up, but his hands and legs were numb.
He says he vaguely remembers the ambulance coming and taking him away.
He says he has a scar on his neck from surgery performed on him as a result from his injuries.
Patel said he had never had an encounter with American police before this incident and he had never been in trouble with Indian police.
He says he now does have a problem walking and he is unable to care for his grandson in the same way as before.
Patel said when he came to America in Jan., his son did the immigration paperwork. He also said his son arranged payment for his medical bills. “I have nothing,” he said.
Cross examination has started.
Defense attorney Tuten is asking Patel about his past visits to the U.S.
Patel says both visits were to Huntsville, where his son lived at the time.
Patel says he visited the hospital in Huntsville twice during his visits. He said in India, he was bitten by a dog. He says the leg where he was bitten hurt him, so he visited the hospital.
He said he has no pre-existing spinal cord condition.
Patel said he did not understand the word “stop” shouted by police. He said he simply stopped because of the shouting. He said he does not understand English at all.
Patel says he never reached into his pocket when confronted by Madison officers and never attempted to pull away from police.
Patel says when police had his hands secured behind his back, he says he never attempted to turn around and face the officers. Similarly, he says he never tried to walk away from the encounter with police.
He says he does understand that police have a dangerous job and have to use caution when dealing with unknown people.
When asked if he carried his passport with him on the day of the incident, Patel says there was no need for the passport because he was only walking. He says he was only walking on the sidewalk in the morning. He said there is no need for identification “by your body,” referring to law enforcement, presumably.
When asked about the possibility of getting lost, Patel said he knew the house number. He said he never strayed far from the house, only going 10 or 11 houses away.
When asked, Patel said he never considered carrying a card with his name and address with him.
Eric Parker has just taken the stand in his own defense.
Parker worked as a Madison Police Officer for 2 years with the department before the incident in question.
Says as a child, becoming a police officer was his ‘lifelong dream.’
Says that day started like any other. Parker says he was training Officer Slaughter at the time.
Parker and Slaughter began routine patrols.
Parker then accompanied Slaughter to an abandoned building on Celtic drive for some ‘building clearing’ training.
It was after the training they received ‘check suspicious subject’ call.
Parker says Officer Slaughter was driving the patrol car. Parker read call notes out loud to Slaughter.
Neighbor Jacob Maples told dispatch a man was walking around Hardiman Place Lane looking to into homes and garages.
Parker says he surmised the call was in line with similar burglaries that had occurred in that area.
Parker: “I saw a subject that fit the clothing description.”
Parker says Patel had one hand in his pocket and continued to walk away as the officers approached.
“Patel said ‘Indian’ and pointed to his knee.”
Parker says Patel then walked away. Says by law he is required to comply with officer commands.
Parker pointed out to Slaughter that Patel was saying, ‘no English.’
Parker says he did not believe Patel did not speak or understand English.
Parker says when Patel put his hands in his pockets and began to walk away again, it set off alerts that the subject might be armed.
Parker says Officer Slaughter should have never allowed Patel to put his hands in his pockets.
“I took control of the situation” as the lead investigator on the scene.
Parker says he pulled Patel’s hand from his pockets and then placed them behind his back.
Parker says he then began to frisk Patel on his left side.
It concerned Parker that Slaughter was not acting as a backup officer in the situation. Suggests he was in the wrong position.
Parker says Patel kept pulling his hands away during the frisk. “I told him if he continued to jerk away I would put him on the ground.”
Parker says Patel jerked away again and he gave him verbal commands to stop for a third time.
Parker says Patel turned toward him and that’s when Parker put Patel on the ground. Says that tactical disadvantage was ‘the most dangerous position to be in.’
Parker says he noticed clues of a potential attack with Patel from his training.
“We just wanted him to stop. We just wanted to be able to investigate the call.”
“When I went to take him to the ground, I tried to take him off the concrete. Nobody wants to fall on the concrete.” Parker says during the takedown he lost his balance and both he and Patel fell to the ground. Parker says his knee hit the concrete.
Parker says Officer Slaughter should have assisted with the takedown to keep the maneuver controlled. Parker says instead Slaughter was standing with his hands folded and simply reached out when the 2 other men fell to the ground.
Eric Parker is now walking the jury through the video evidence step by step.
Officer Slaughter called out ‘code 1,’ meaning officer is in need of assistance on a scene.
Parker says he then realized Patel was saying, ‘no English,’ so he reiterated that to Officer Slaughter.
Parker is dominantly left handed, 5’8″ and about 155 pounds at the time of the incident.
Parker: “There was no technique to this. It was get him on the ground as quick as possible and as best as you can. No technique.”
“It was the only option available to me.”
After the takedown, Parker says he begins trying to handcuff Patel. Officer Slaughter asks Patel to ‘chill out.’
Parker says Patel was only detained, not arrested. Originally from the call, the officers were to investigate suspicious activity, but after the non-compliance, Parker says he considered making an ‘interference with government operations’ arrest. Parker says he was advised by his supervisor not to do so.
Parker says he wiped blood and grass off Patel’s nose, removed his handcuffs for comfort, and waited with him until medics arrived.
Parker says he was unsure of Patel’s mental state.
Council and judge are in sidebar before prosecutor’s cross examination.