Posted on 07/22/2015 7:03:16 AM PDT by SeekAndFind
The Texas Department of Public Safety has released the dashcam video of the arrest of Sandra Bland. The almost hour long video features the first interaction between Bland and Trooper Brian Encinia after she’s pulled over for not using her turn signal. It seems to be going all right until Encinia tells Bland she seems irritated and Bland confirms it. He then tells Bland to put out her cigarette, but she refuses to because she’s in her own car. Encinia orders her to get out, opens her door, and reaches in. It’s tough to see if he’s trying to pull her out, but it’s possible he was due to the way he’s positioned. Encinia then pulls a Taser and points it at her. Bland gets out and walks around the back of the car, with her phone in her hand. She’s probably recording her interaction with Encinia, which is her right. Bland slams the phone down on the car’s trunk after being ordered to do so. The full video is below and is Not Safe For Work due to language.
The two do get into a fight almost 13 minutes into the video, but it happens off-camera. Cell phone video posted up on YouTube only shows the aftermath.
Some details of the fight are in Encinia’s arrest report.
Bland was placed in handcuffs for officer safety. Bland began swinging her elbows at me and then kicked my right leg in the shin…Force was used to subdue Bland to the ground to which Bland continued to fight back.
The problem is there’s no way of knowing if Encinia is telling the truth because the report doesn’t mention the Taser. The Texas Rangers are trying to figure out why Encinia failed to mention it, but a body camera could have cleared this up. It also could confirm whether Bland’s claims that her head was shoved to the ground are true. It’s important to note Encinia was acting within his authority when he gave her a “lawful order” to get out of the car. It’s part of the Texas Transportation Code, although it doesn’t say if those who disobey get charged with anything. It may just be a fine. But DPS made the right call to put him on desk duty. Director Steve McCraw admitted Encinia didn’t handle the situation well.
A DPS state trooper has an obligation to exhibit professionalism and be courteous throughout the entire contact and that wasn’t the case here.
It’s obvious Encinia lost his cool, and only he and God know why. Bland did mouth off to him, but there’s no reason for him to yell back. The way he handled everything was wrong and it was just stupid of him to tell Bland “good” when she claims to have epilepsy. This doesn’t necessarily absolve Bland of guilt because she shouldn’t have mouthed off to him. But Encinia made things worse by yelling back after she wouldn’t put her cigarette out. He also escalated how things were by getting up in her face when Bland wouldn’t obey his command. Bland may not have even known the “lawful order” rule. I’ve lived in Texas almost my entire life and didn’t even know it. I’d also obey a law enforcement officer’s orders, but that’s how I was raised. Bland may not have been, but I don’t know that. She still shouldn’t have been pulled over in the first place, but not everyone agrees with me. That’s fine, I don’t expect everyone to.
There’s no denying law enforcement officers have a tough, extremely stressful job. There are plenty of good cops out there, and Encinia may be one of them. But there’s no way to defend what he did during the traffic stop. It’s just wrong and unprofessional. Encinia probably isn’t a racist; just someone who lost his temper when he came in contact with someone who was disrespectful. Bland really should be alive today, and hopefully the investigation will clear everything up. It’s possible she did commit suicide in the Waller County Jail. Everyone appears to be open about what’s going on and that’s a good thing. It’s just really disappointing how Encinia reacted and that there wasn’t a body camera to show the rest of the story.
Why did the cop have to ask her to stop smoking?
Is there a law in Texas against smoking in your Own car?
My guess is that they jailed her and she had no one to bail her out? So she sat there for 3 days. Its wrong. I agree, but suicide is not something that mentally healthy people commit.
I question if her death WAS suicide.
NUTJOB MOTORIST and AUTHORITARIAN COP do’t come off too well
There, fixed it even further.
RE: My guess is that they jailed her and she had no one to bail her out? So she sat there for 3 days. Its wrong.
EXCESSIVE FROM THE LOOKS OF IT.
At most, a few hours would have sufficed plus a fine.
The cop has lots to answer for even if not for the death of the woman.
Also want to add to that, I believe I heard early on in the exchange that she may have been from out of state? She may have been in jail waiting on someone to get her out.
Her car was probably impounded as well.
It looks bad from all angles and I am not defending the officer at ALL.
Yeah, I can buy that.
You take two egotistic jerkwads and force them into a bad situation...
Bad things happen.
We can’t see in the video..she may have been blowing smoke in his face. He would have done better at that point to call in for back up. It was all down hill from there.
The "law" that was broken here was this one: Do not talk back to a bad cop. Do not show any sign of disrespect to a bad cop. Obey all nonsensical orders given by a bad cop.
Yep, I know it's better to be polite when talking to a cop, or to anyone for that matter. But the Constitution says you shouldn't have to.
Here's how it works: Cop sees driver, thinks, "Well, there's a scumbag with facial hair and tattoos (or black woman, mexican male that might have drugs, etc.). Guess I better find a reason to pull them over, run their #'s and see if I can catch me a felon." Cop then proceeds to watch for the slightest infraction that would be considered "cause" to pull said driver over. The rest is history.
So are hands. Does that mean everyone has to be cuffed as soon as a cop walks up?
I think he was preparing to ask her to get out of the car because of the escalating situation. Because of that he asked her to put out her cigarette to prevent being burned.
I didn’t hear him read to her the Miranda Rights.
That's a good point. But I still can't see a good reason for asking her to get out of the car in the first place.
Yep. No doubt about it. But this situation did NOT have to escalate. What’s the purpose of telling her to put out her cigarette after already finishing up the warning ticket? Just hand her the darn thing and walk away. No harm done.
From what I recall, the cop observed that she seemed irritated, to which she told him that she switched lanes for him. Then he started the cigarette thing. You call that defiance? Is being irritated an addressable offence?
RE: I didn’t hear him read to her the Miranda Rights.
Well, if that is a right for traffic violations, I need to sue the cop for stopping me and not reading me my Miranda for allegedly failing to stop at a STOP sign.
RE: Then he started the cigarette thing.
Does he have the right to tell a smoker to stop smoking in her car?
Is there a law against it? If so, why did he not cite it?
So charge the cop with a crime or STFU.
Good luck. LOL
The stop for I
Legal lane change, following too close, etc. are reasons used to stop motorists so the authorities can check for illegal drugs. If the person stopped acts irrational or defensive then it can easily escalate. This is not endorsing the practice but realizing it happens. There is always way more to the story than what we get from these snippits.
It is a little tough. But, I guess if there is a verbally combative person, acting hostile and a little out of control, as she was, there could be a reason for concern, like drugs, weapons, that could cause an escalating situation.
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