Students at the University of Florida have carried out a second day of protest actions over the shocking and detention of Andrew Meyer, a student who tried to ask controversial questions of US Senator John Kerry. The actions included marching, speeches, chalking sidewalks, and a mass submission of more than 50 official complaints over the police conduct. UF taser protest, day 2
The Gainesville Sun has some information about the two officers suspended over the unjustified assault on Meyer, who was at the microphone questioning US Senator John Kerry when the police grabbed him, dragged him to the back of the auditorium, and apparently handcuffed him, then shocked him with a stun gun.
More than 50 students filed complaints with UF Police over their handling of the situation.
Police did not release the complaints Thursday, saying they could become the subject of an internal investigation. No decision on starting an internal investigation will be made until after FDLE’s independent review is completed, said UPD spokesman Capt. Jeff Holcomb.
The law enforcement agency did provide the personnel files of Sgt. Eddie King and Officer Nicole Mallo, the two officers placed on leave with pay.
King, 45, was hired at the police department in 1994 and had previously worked at the North Florida Evaluation and Treatment Center. He was promoted in 2000. He had attended Florida A&M. A recent review called him an “effective, fair-minded, competent supervisor” who did a good job of maintaining calm in “trying” situations.
King had been reprimanded or disciplined in the past for issues including failing to report for duty for an overtime assignment and being involved in the 2003 arrest of a person for carrying a concealed firearm when it was lawful under the circumstances to have the weapon, according to his personnel file. King also received a four-day suspension after an undisclosed romantic relationship with an employee led to a workplace confrontation with another employee, according to his file.
Mallo, 30, graduated from the University of Florida and was hired by UPD in 2004. She had been commended this year for her work in traffic enforcement with more than 100 citations, four arrests for driving under the influence and more than 200 bicycle stops. She also was listed as an instructor with the agency’s Rape Aggression Defense program.
Mallo had been reprimanded after a traffic stop in 2006 when she accelerated her vehicle to 74 mph and “unnecessarily placed yourself and other motorists in danger,” according to reports. She also was cited for a traffic crash and using profanity when talking to a motorist, according to reports.
Both King and Mallo were commended after a 2004 incident when they diffused a situation with a student at a residence hall who was wielding a knife. Different investigations and reviews are under way into the Tasering and arrest of a University of Florida student earlier this week.
The Florida Department of Law Enforcement is conducting an investigation into the use of force by UF Police, which is expected to be completed within 90 days.
Next week a panel of UF faculty and students will start a review of police policies. No timeline has been set for their review. FDLE reviews Taser incident
I just found on youtube this video of a young man at a University of Florida q and a session with Senator John Kerry. The man, Andrew Meyer, congratulates Kerry for being (in his view) the real winner of the 2004 election, asks Kerry why he doesn’t support the impeachment of Bush and then asks is it true that he and Bush are both members of Skull and Bones. Whereupon the uniformed officers grab him and begin to try to manhandle him out. He is shouting that he didn’t do anything. The officers wrestle the young man to the ground and taser the poor fellow. A member of the audience then begins shouting, “police brutality! police brutality!”
This video is shocking, and horrible. It depicts Nazi-like behavior from those who are sworn to uphold the law. And the man’s questions are good questions and deserve answers, not torture and abuse.
A interesting comment on the subject posted by Benjamin Wood:
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529.
Comment by Benjamin N. Dictor, Student, University of Florida
google news comment
Google Comment – 10 hours ago
The conduct of the police officers at Monday’s forum with John Kerry is nothing short of an embarrassment for both the University of Florida and the City of Gainesville as a whole.
We will not be quick to recover from the wounds that we all suffer as a result of the complex betrayal on behalf of the University of Florida Police Department. As if the suppression of thought is not in itself, heinous enough a crime, the unabashed abuse of physical force by those sworn to protect us leaves trust broken and wounds open.
This incident will be remembered as a physical assault as well as an assault on reason itself. How dare law enforcement act in such a manner! We, the students of this university, must not allow this aggression to stand!
In the case of the Tazing of the Bro, I am reminded of the words of Frederick Douglass:
“Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground.”
Andrew Meyer, whatever his motives, was asking reasonable and legitimate questions which the speaker had agreed to address. This is not a police state; the police may not use force to subdue someone for saying “blowjob” or “Skull and Bones” or taking 90 seconds to ask three questions in a row.
The democratic system of government is dependent on the free market of ideas. The widest possible range of views, correct and incorrect, must be aired and debated, so that the people may choose the best policies and the representatives to implement them. In the United States, it is We the People, not the government, which is sovereign. In the words of our first Republican President, Abraham Lincoln, in his First Inaugural Address:
“This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember, or overthrow it.”
Interesting poll on Washingtonpost.com, at this writing, 42% of respondents say along with Benjamin Dictor (quoted above), “This incident is ‘an assault on reason itself.’ America has become a police state and this is evidence of that.” An additional 11.5% opine, “If you have to Tase anyone bro, Tase John Kerry. FREE SPEECH RULES!”.
Note the snide photo caption (probably falsely) attributed to AP: “Could public forums benefit from more Tasering? (AP)”
How can this caption possibly be considered appropriate to the circumstances by the Post?
It seems that the Post is exploiting this incident for its “entertainment” value. How sick and wrong of the once-respected Washington Post.
Scanlyze is an online magazine of essays, commentary, satire, and analysis. Were we half as clever, for inspiration we would take Mark Twain, Ambrose Bierce, Swift, Montaigne, or Seneca.
“The men who create power make an indispensable contribution to the Nation’s greatness, but the men who question power make a contribution just as indispensable, especially when that questioning is disinterested, for they determine whether we use power or power uses us.”