Posted on 12/18/2008 8:47:12 PM PST by Daffynition
It was a little before 8 at night when the breaker went out at Emily Milburn's home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on.
As Dymond headed toward the breaker, a blue van drove up and three men jumped out rushing toward her. One of them grabbed her saying, "You're a prostitute. You're coming with me."
Dymond grabbed onto a tree and started screaming, "Daddy, Daddy, Daddy." One of the men covered her mouth. Two of the men beat her about the face and throat.
As it turned out, the three men were plain-clothed Galveston police officers who had been called to the area regarding three white prostitutes soliciting a white man and a black drug dealer.
All this is according to a lawsuit filed in Galveston federal court by Milburn against the officers. The lawsuit alleges that the officers thought Dymond, an African-American, was a hooker due to the "tight shorts" she was wearing, despite not fitting the racial description of any of the female suspects. The police went to the wrong house, two blocks away from the area of the reported illegal activity, Milburn's attorney, Anthony Griffin, tells Hair Balls.
After the incident, Dymond was hospitalized and suffered black eyes as well as throat and ear drum injuries.
Three weeks later, according to the lawsuit, police went to Dymond's school, where she was an honor student, and arrested her for assaulting a public servant. Griffin says the allegations stem from when Dymond fought back against the three men who were trying to take her from her home. The case went to trial, but the judge declared it a mistrial on the first day, says Griffin. The new trial is set for February.
"I think we'll be okay," says Griffin. "I don't think a jury will find a 12-year-old girl guilty who's just sitting outside her house. Any 12-year-old attacked by three men and told that she's a prostitute is going to scream and yell for Daddy and hit back and do whatever she can. She's scared to death."
Since the incident more than two years ago, Dymond regularly suffers nightmares in which police officers are raping and beating her and cutting off her fingers, according to the lawsuit. Griffin says he expects to enter mediation with the officers in early 2009 to resolve the lawsuit.
We've got calls in to the officers' lawyer; we'll let you know if we hear something.
Update: This is from the officers' lawyer, William Helfand:
Both the daughter and the father were arrested for assaulting a peace officer. "The father basically attacked police officers as they were trying to take the daughter into custody after she ran off."
Also, "The city has investigated the matter and found that the conduct of the police officers was appropriate under the circumstances," Helfand says. "It's unfortunate that sometimes police officers have to use force against people who are using force against them. And the evidence will show that both these folks violated the law and forcefully resisted arrest."
There, that's better. ;-) Merry Christmas!
In other words, she was resisting an unlawful arrest. Sometimes the ACLU is on the right side; and this appears to be one case where they are right.
fined $17,776 by federal district Judge Samuel Kent
I don’t think he was out to arrest anyone since he was with a DC LEA and I’m in Maryland. More than likely he was checking out a reference for a job or something.
But a lot of home invasions around here start out with the bad guys impersonating cops to gain entry.
Judging from the name he cited, a big pasty white guy in gym shorts and a wife beater was probably the last thing he expected to open the door.
By plainclothes "cops" who no doubt stopped and showed proper ID too. Right. Good thing it wasn't my daughter.
Appears the attorney is a slime ball.
A VERY good thing to keep in mind and one that I overlooked, thanks.
deserves repeating
But a lot of home invasions around here start out with the bad guys impersonating cops to gain entry
Unfortunately now days ......??
if this story is true, the police was totally in the wrong here.
Indeed.
If this is as portrayed, these people ought to end up basically OWNING Galveston.
Is this for real?
The Police were just doing their jobs; following standard procedure. There is no evidence of any policeman ever violating any citizen’s rights.
/s
It’s arrogance.Pure and simple.
So is this the local Acorn paper down there?
their spin on the story seems a little over the top, though the jist of it may be true.
I hear one of my girls scream Daddy Daddy and three men are around her, they wont have time to pull their badges or identify themselves.
Yeah, it’s absolutely outrageous...
Story posted on a blog with no links to anything. Yup, I’m going to believe this.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.