Posted on 11/12/2014 8:10:23 AM PST by Half Vast Conspiracy
SAN DIEGO - The attorney for a Marine under arrest on charges of battery on a police officer and resisting arrest told Team 10 the video recorded by the San Diego Police Department's own body cameras proves the officers were the real abusers.
"What you're seeing here appears to be an assault and battery under color of authority," said attorney Paul Neuharth, who shared the video with Team 10. Neuharth is defending one of the Marines against the criminal charges.
The incident happened Sept. 21 in the Gaslamp Quarter. According to Neuharth, the Marines were celebrating the return of one of them from Afghanistan. The other was celebrating his 21st birthday, when the two friends saw a man who had been knocked unconscious on the sidewalk. Neuharth said the men were giving first aid to the unconscious man, while police handcuffed the suspect a short distance away.
It was when officers asked the Marines to move on that a second fight broke out. During the fight, the video shows a sergeant delivering blows to Reginato, who is on the ground. An officer is heard saying, "Sarge, sarge, sarge, sarge, no punching sarge."
The body cam video appears to show Lance Cpl. Robert Reginato as he was shoved onto the ground. He jumps up to assist his friend, Cpl. Gabriel Talley. Fists fly, and before it's all over, the Marines are both face down on the blacktop in handcuffs.
Neuharth said the video is all the evidence he needs to know the two Marines were assaulted.
"This Marine had tears running down his cheeks in my office when he first came in. He said, 'You know, my friend just got back from Afghanistan, we're celebrating my 21st birthday, how could something like this happen to me in the United States?'" said Neuharth.
The police reports tell a different story, and it indicates Reginato and Talley attacked officers by "hitting, grabbing, pushing, struggling and violently resisting them."
Team 10 showed the video to a self-defense expert to see if the officers' actions were warranted.
Yuri Sigal said, "To me, regardless of whether you're a police officer or not, it seems like a potentially dangerous situation, an assault."
Sigal pointed out that even though the Marines were pushed into the street, the returned to the fray, and that likely made officers feel like they were under attack, but without seeing what happened before the camera was rolling, he said it's hard to know whether the use of force was justified.
When asked about the section of video where one of the Marines is down and a SDPD sergeant is seen punching him, Sigal was hesitant to take sides.
"We can only see a little bit of an angle, we can see that it was the right hand of the police officer that was striking, but you don't see what the other side is doing, including the suspect. We can't tell whether he's punching from underneath or he's grabbing him or, we don't know," said Sigal.
Steve Walker, communications director for the San Diego County District Attorney's Office, issued this statement:
"We can only file criminal charges when we believe we can prove them beyond a reasonable doubt, as we do in this case. We are moving forward with the case and will be presenting evidence at the upcoming preliminary hearing." San Diego police have launched an Internal Affairs investigation of the incident after receiving a complaint from the public.
SDPD Lt. Kevin Mayer issued the following statement regarding the incident:
"The District Attorney's Office has filed criminal charges against both defendants in this case. In the upcoming court proceedings, the totality of the circumstances will be presented. We encourage anyone who would like to understand the full and complete picture to follow this case and attend the court proceedings."
More info:
“It was when officers asked the Marines to move on that a second fight broke out. “
This sentence is trying hard not to say something. Who was involved in the 1st fight and who was involved in the 2nd fight?
These narratives are always so hard to follow because they are trying not to say something.
The Marines were not involved in the first fight.
The second fight was the cops vs the Marines.
This is EXACTLY why I turn the other way when I see the cops.
It’s also not a good idea to fight them on their turf.
I thought that was the case since they were so vague about the 2nd fight. I wish they wouldn’t make these stories so hard to follow.
agreed. youre not going to win a fight with a cop. best case is youre standing over a knocked out cop as more cops arrive. that isnt going to end well for you. worst case as your “winning” the fight he shoots you. so whether you like it or not if a cop starts pushing you out of an area its best to just clear out. call him a dick if you like but a physical altercation isnt the best path to take
The people responsible for the COPS show on TV ought to be proud:that program showcased some of the worst police behavior and cops watched it like a training film.
WE have way too many arrogant S.O.B.s in uniform who think they are powers unto themselves.
Mr. Megan says the SD police were thugs and abusive of Marines when he enlisted in 1982 and nothing has changed. $100 says the cops own video puts the lie to their written reports.
18 U.S. Code § 242 - Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Too much gear, too many SEAL Team 6 fantasies.
I hate the cops.
Now,now some couldn’t pass the mail man test.
Video? What video? We can’t seem to find the video.
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