| Author
|
Post |
 
|
|
terrybankert
F L I N T O I D
|
[Man in wheel chair beaten by police, prosecutor won’t charge. Flint MI U.S.A. area.]
[FLINT CITIZEN- By: Terry Bankert 12/15/2005 Flint MI U.S.A.]
[This article is written in a conversational style incorporating the article cited. Parts of the article may be deleted shown by ... but additions are only found in brackets -trb]
Prosecutor won't file charges against officer
FENTON
THE FLINT JOURNAL FIRST EDITIONFriday, December 16, 2005
By Bob Wheatonbwheaton@flintjournal.com • 810.766.6375 http://www.mlive.com/news/fljournal/index.ssf?/base/news-33/113475009277490.xml&coll=5#
FENTON - Genesee County Prosecutor David Leyton said there was insufficient evidence for him to file assault charges against a Fenton police officer who was involved in a July confrontation with a Fenton Township man.
[This case is an excellent example of why an ombudsman is needed in Flint MI U.S.A.. On the facts here how would the community respond if it happened in Flint , the man in the wheel chair is African American and the Deacon of a major Black Church. Here all the actors are white and this happened just out side of Flint MI.-trb]
The man, Donald Yerke, 56, alleged the officer used pepper spray on him and threw him to the ground even after he told the officer he had a disability.
[Not the disability caused him to be in a wheel chair. Why would pepper spray be used.. The police officer pepper sprayed a guy in a wheel chair!!!-trb]
Leyton said conflicting statements by witnesses and evidence that Yerke refused the officer's orders to leave the scene of an incident at an apartment complex involving Yerke's son led to his decision.
[Conflicting statements are always there. The question is was the force applied equal to the need. Or an act of anger, under training, discrimination against poor whites in a wheel chair or just plain junk yard meanness? This type of situation I have found to be based upon what I call “ Contempt of Cop” , street conviction and punishment follow quickly -trb]
He said it was unclear whether the officer threw Yerke to the ground of the apartment complex parking lot, as Yerke said, or whether he slipped and fell on Yerke, as the officer said.
[ Humor me. Officers lie to protect their butt. What a convenient lie. Now the conservative pro police prosecutor goes away.-trb]
"I don't think we could prove it one way or another," Leyton said.
[If the facts were reversed and the man in the wheel chair did not fall the officer did I propose that the guy in the wheel chair would have been beaten to a pulp , had a gun mysteriously appear and it would have been drug related. The Journal would have listed every brush with the law the guy in the wheel chair ever had to dirty him up.-trb]
Yerke got a bloody nose. He was treated at Genesys Medical Center and said he also suffered injuries to his hip and shoulder and that his front teeth were ground down.
[The officer beat the crap out of this guy. TEETH WERE GROUND DOWN!! Give me a break!!!-trb]
"This was a pure case of an officer out of control," Yerke said. "I wish there was a fair way to get an investigation."
[ An ombudsman would be a way for this to be fair. -trb]
Leyton reviewed a lengthy report from the Fenton Police Department. If that report should be believed .
[The article did not say that the report was released. Ask any defenses attorney if that report should be believed as the total truth. Here we have the police protecting the police.-trb]
Yerke said an outside investigation would have been more fair.
[You bet but by whom? An independent Ombudsman ?-trb]
Leyton responded, "I think it was a very comprehensive report and (Fenton police) didn't make a recommendation one way or another. ... I don't think it would have made a difference (if another police agency had investigated)."
[Says the Fox guarding the hen house.-trb]
Yerke said he has a disability caused by several strokes that led to partial paralysis of his right side. He said he told the officer of his disability.
[Why then the pepper spray.-trb]
Yerke has been charged with resisting an officer. His trial is set for Jan. 5.
[There is a 99% probability that when the police apply excessive force they charge the victim with resisting a police office to protect themselves from civil litigation. This guy is gonna be fried.-trb]
He said he still has pain in his shoulder from the incident and that he plans to file a lawsuit.
[With this being his only recourse for fairness the conservative parrots will call this a frivolous lawsuit.-trb]
Fenton Police Chief Rick Aro said he concluded there was no evidence that the officer violated any department policy, so he wasn't disciplined.
[What policy, why was the police report not released? The tone and tenor of this Journal article seem to condone police abuse . Why because it did not investigate to allow the reader an independent position. In defense of the prosecutor how can we expect a truly open decision by the prosecutor, so much of his work, putting bad guys in jail, depends on a good working relationship with the police.-trb]
[Can Flint MI USA afford to not have an Ombudsman.-trb]
The Flint Citizen is a publication of Attorney Terry R. Bankert (Family Law ) of Flint Michigan USA. http://enewsblog.com/terrybankert/
attorneybankert@yahoo.com
Terry R. Bankert P.C., 1000 Beach St., Flint MI 48503 810.235.1970 fax 234-5080 |
|
|
Sat Dec 17, 2005 7:10 am |
|
|
mysearchisover.com
Guest
|
I fail to see how an Ombudsman in Fenton would have prevented this? If anything I think it shows how Flint needs police more than an Ombudsman. Overworked understaffed and over-stressed police are more likely to make a mistake or lash out. In addition with the limited police force we have, if they were to make a mistake we would be powerless to prevent race riots. 30 police officers can not stop 3,000. I say we should use the Ombudsman salary to pay for police instead. If I have to call 911 it's not going to be the Ombudsman to respond. It going to be understaffed Flint police when they are finally able to get there.
Adam Ford
http://mysearchisover.com
|
|
|
|
Sat Dec 17, 2005 12:08 pm |
|
|
terrybankert
F L I N T O I D
|
Adam Fordstated:I fail to see how an Ombudsman in Fenton would have prevented this?
A: it was never the point that the Ombudsman would stop anything.
Adam Fordstated:If anything I think it shows how Flint needs police more than an Ombudsman. Overworked understaffed and over-stressed police are more likely to make a mistake or lash out.
A: You answer implys that you think the Fenton police , and by analogy Flint police,made a mistake but they should be forgiven because they are over stressed. All an Ombudsman would do is let the public know what happend and give redress to a citizen short of litigation. You would support that would you not?
Adam FordStated In addition with the limited police force we have, if they were to make a mistake we would be powerless to prevent race riots. 30 police officers can not stop 3,000.
A: Quite a jump to race riots but it implys that you agree that police use of excessive force is something to be protested. Short of litigation where can the guy in the wheel chair go?
Adam Ford stated I say we should use the Ombudsman salary to pay for police instead. If I have to call 911 it's not going to be the Ombudsman to respond.
A; It is a public policy choice. One public policy is that we all benifit if the police are held accountable for the use of excessive force.
Adam Ford stated It going to be understaffed Flint police when they are finally able to get there.
A; the cost and allocation of resources for public policy choices, here to hold police accountanble for excessive use of force, is the question. Can Fliint afford an ombudsman?
Adam Ford
http://mysearchisover.com
[/quote]
Respopnse by Terry R. Bankert |
|
|
|
Sat Dec 17, 2005 12:37 pm |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
