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San Marcos Cpl. jailed after illegally arresting pedestrian
KVUE ^ | July 16, 2013 | John Bumgardner

Posted on 07/17/2013 2:00:56 PM PDT by Altariel

SAN MARCOS, Texas -- A police officer in San Marcos is in jail after arresting a pedestrian whom police say didn’t break the law.

Corporal James Angelo Palermo, 40, conducted a traffic stop on May 29 during his midnight shift patrol near 126 S. Guadalupe Street.

According to the arrest affidavit, Palermo stopped a Toyota Prius shortly after 1:00 a.m. for driving the wrong way on a one-way street and began questioning the driver.

A pedestrian walking by was called over by Palermo and asked why she was walking by his traffic stop. He then asked for the woman’s identification.

When the woman insisted she had done nothing wrong Palermo slammed her against the Prius; then onto the concrete driveway near his patrol car.

Palermo arrested the woman for obstruction. After his supervisors reviewed his report and talked to the pedestrian she was released.

Upon further investigation supervisors found the woman had lost two teeth and suffered a concussion during the illegal arrest.

Palermo was arrested for aggravated assault by a public servant. The woman is currently being treated for her injuries and could require further surgery, according to the affidavit.

The department issued the following statement:

"Cpl. James Palermo of the San Marcos Police Department was arrested Tuesday, July 16 and charged with aggravated assault with serious bodily injury by a public servant, a first degree felony, in connection with an incident that occurred May 29 in which a woman suffered serious injuries during an arrest. Police Chief Howard Williams ordered an internal investigation on May 30.

Employed by the SMPD since 2000, Palermo has been on paid administrative leave since June 10 while the San Marcos Police Department conducted the investigation. The arrest was reviewed by the Hays County District Attorney’s Office and by a prosecutor with the Texas Attorney General’s Office.

Palermo was booked in the Hays County Law Enforcement Center Tuesday afternoon and awaits magistration."


TOPICS: Miscellaneous
KEYWORDS: assault; donutwatch; sanmarcos; texas
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To: ken5050
And I believe that your reaction is absurd.

If the Police officers are too “scared” or “paranoid”, they need to find a new job, not react in such a fashion as this punk.

It’s a shame what happened in Tampa, but that’s also part of the job, and bad people are going to do bad things regardless of the precautions taken by officers, but in the end, this type of reaction by that punk was uncalled for, period, and to stand up for his actions with your reasoning leads me to believe that you haven’t read all the way through this article and you’re way too quick to come to his defense considering his transgressions.

I’m happy to lay blame where it belongs, quickly or not. Your “excuses” are very thin and do nothing to change my opinion of this punk.

61 posted on 07/17/2013 3:29:24 PM PDT by Pox (Good Night. I expect more respect tomorrow.)
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To: Altariel

There is no requirement for someone who hasn’t done anything to “show her papers.” His superiors read over his report and found him in the wrong. If she had been walking her shih tzu, this probably would have been another dog-shooting story to boot.


62 posted on 07/17/2013 3:36:58 PM PDT by informavoracious (We're being "punished" with Stanley Ann's baby. Obamacare: shovel-ready healthcare.)
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To: Hulka
 
 
Has the chief lost control?
 
Up and down the chain of command - it appears much has changed since you've been around. Old cop told me years ago that if there is stupid stuff going on in a department, it's bad training, bad leadership if not a combination of both. I believe there's plenty to be had at TPD. There are several patrol supervisors who are steady and have their heads screwed on straight but they can't be up and on duty 24/7 to keep things on an even keel. Lots of stupid stuff going on - a gal who is a secretary for a state-level commission told me about an incident where a TPD cop screamed at her and threatened to yank her out of her car and faceplant her on a parking lot. She's a little old lady in her sixties for pete's sake. Sounds like the one who planted the teen at the Walmart. Another mature fellow I know who is in to customizing and restoring old cars was nursing one of his latest creations over to a muffler shop while being followed by help. They got pulled over by a plainclothes TPD officer in an unmarked car, who harangued them for about 15 minutes, threatening arrest, seizing his car, all sorts or nonsense before writing out an incomprehensible citation and cutting them loose. Then there's their over-use of the SWAT team - one example is they showed up at a friend's business one morning dressed for the battle of Fallujah looking for a guy that hadn't worked there for nearly two years over a non-violent, non-felonious misdemeanor warrant. You'd have thought they had Osama Bin Laden cornered in there. Many more examples to be had about such goings-on. I'd say that department runs the gamut from incompetent to corrupt - I know that county deputies like to keep dealings with that department at arm's length though they don't openly go into their reasons, but I can certainly extrapolate as to why. Any and all responsibility for the department lies with the Chief - and it's very apparent they need another one.
63 posted on 07/17/2013 3:44:23 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: JRandomFreeper

I am not defending this officers actions one second. He was investigating a crime and the person was in close proximity. I feel he has every right to ask for ID. If you are a witness to a crime and officer asked for ID you must comply.

If officer was not investigation crime he has no right to compel ID.


64 posted on 07/17/2013 3:51:41 PM PDT by Orange1998
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To: Orange1998
Your scenario is a stretch. There is no requirement to show ID unless the person is to be detained per the USSC.

I don't carry ID on me unless I happen to be driving. Ever. If I'm on foot, I don't produce ID. Period.

/johnny

65 posted on 07/17/2013 3:58:12 PM PDT by JRandomFreeper (Gone Galt)
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To: Orange1998
Oh... state actors don't have rights. They have powers.

Citizens have rights.

/johnny

66 posted on 07/17/2013 3:59:19 PM PDT by JRandomFreeper (Gone Galt)
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To: lapsus calami

Here is another article.

http://www.mysanantonio.com/news/local/article/San-Marcos-police-officers-under-investigation-in-4671119.php

Palermo had no justification for his “clearly excessive” actions


67 posted on 07/17/2013 4:03:37 PM PDT by Dacula
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To: ken5050
He asked her for her identification. She refused. That was wrong.

Really?

I am now under obligated under pain of having my teeth knocked out to hand over my papers to any two-bit JBT that I happen to walk by?

68 posted on 07/17/2013 4:10:42 PM PDT by Harmless Teddy Bear (Revenge is a dish best served with pinto beans and muffins)
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To: basil; txhurl

KLBJ was talking about this today.


69 posted on 07/17/2013 4:37:21 PM PDT by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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To: Paladin2
Good thing she wasn’t videoing the popo’s actions.

From what I've heard, it was captured on the Popo's dashcam video.

70 posted on 07/17/2013 4:41:56 PM PDT by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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To: Harmless Teddy Bear
I am now under obligated under pain of having my teeth knocked out to hand over my papers to any two-bit JBT that I happen to walk by?

What would the cop's reason be for asking the pedestrian for ID in the first place? Why did he need to see her ID?

Did the girl look like a wanted felon? Was she about to enter a restricted, high-security installation? I think not.

The cop just wanted to harass her.

71 posted on 07/17/2013 4:44:01 PM PDT by Leaning Right
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To: Dacula
 
 
Interesting - think it'd be prudent to do some drug testing on Mr. Palermo and see what pops up.
 
 

72 posted on 07/17/2013 4:44:11 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: Arrowhead1952

DashCams are quite prevalent in Russia. I’m all for them as long as NSA doesn’t get the tapes.


73 posted on 07/17/2013 4:46:53 PM PDT by Paladin2
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To: Leaning Right

>> What would the cop’s reason be for asking the pedestrian for ID in the first place? Why did he need to see her ID?

That’s part of the game. It establishes who’s got the power and who has to kowtow.


74 posted on 07/17/2013 4:54:21 PM PDT by expat1000
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To: lapsus calami

Good point.

Interesting - think it’d be prudent to do some drug testing on Mr. Palermo and see what pops up.


Maybe we should do it to the members of Congress as well.


75 posted on 07/17/2013 4:55:52 PM PDT by Dacula
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To: Dacula
 
 
HeH - Psyche evaluations too.
 
 

76 posted on 07/17/2013 4:58:56 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: Leaning Right
"But it is also morally wrong to use the difficulty of a cop's job to defend the actions of every cop, every time, everywhere."

Look...we all know there are mistakes made. What is the point of posting every abberant situation? What exactly does it contribute to the important topics around here. Every other day there is a, "See!!!! Another bad cop story. Gee, we are good to catch these bad apples." Please. Don't waste the bandwidth...we get the picture, already.

77 posted on 07/17/2013 5:10:41 PM PDT by Dutchboy88
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To: Arrowhead1952

This is awful. We need more Texas Rangers in their own cars patrolling the streets and letting these rogues know they are being watched.


78 posted on 07/17/2013 5:11:39 PM PDT by txhurl ('The DOG ate my homework. That homework, too. ALL my homework. OK?' - POSHITUS)
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To: Altariel
"SCOTUS has ruled that cops have no constitutional obligation to protect American citizens. (See Warren v. District of Columbia)"

More drivel...give it a rest.

79 posted on 07/17/2013 5:11:42 PM PDT by Dutchboy88
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To: Dutchboy88
There wasn't a mistake made. There were laws broken, or the LE wouldn't be in jail.

It's very important to keep these events highlighted because they aren't abberant. They are legion.

/johnny

80 posted on 07/17/2013 5:13:41 PM PDT by JRandomFreeper (Gone Galt)
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