I did not know the backstory on this. It goes to show his character and probably why he was treated the way he was.
One other thing I notice. There were 5-6 cops on motorcycles at the scene. Was there a chase? Did Tyreek not pull over when the red lights went on?
There is always something behind the scenes of incidents like this. How much blame do the cops own? How much is on Tyreek?
Force against a handcuffed suspect brings in the Graham factors. The Graham Factors are Reasons for Using Force
The Court stated that whether force is reasonable requires a careful balancing of the nature of the intrusion on the suspect’s liberty against the countervailing governmental interest at stake. In short, what did the officer do (or what was the nature of the intrusion on the suspect’s liberty) and why did the officer do it (or what was the governmental interest at stake)? The Graham factors act like a checklist of possible justifications for using force. They are not a complete list and all of the factors may not apply in every case.
The Graham factors are the severity of the crime at issue; whether the suspect posed an immediate threat; and whether the suspect was actively resisting or trying to evade arrest by flight.
1. The Severity of the Crime The “severity of the crime” generally refers to the reason for seizing someone in the first place. Officer Connor may have been acting under a reasonable suspicion that Graham stole something. Arrests and investigative detentions are traditional, governmental reasons for seizing people. Generally, the more serious the crime at issue, the more intrusive the force may be.
There may be a reasonable basis for seizing someone who is not suspected of any wrongdoing. Reasonable force may be used to control the movements of passengers during a traffic stop.When executing a warrant in a home, reasonable force may be used to detain the occupants.The operative word under the Fourth Amendment is reasonableness. Reasonableness depends on the facts.
2. The Immediacy of the Threat Whether the suspect is an immediate threat to the safety of the officer or others is generally considered the most important governmental interest for using force. The greater the threat, the greater the force that is reasonable.
3. Actively Resisting Arrest Resisting an arrest or other lawful seizure affects several governmental interests. It may prevent the officer from effecting an arrest, investigating a crime, or executing a warrant. The Graham factors are not considered in a vacuum. Active resistance may also pose a threat.
4. Attempting to Evade Arrest by Flight Attempting to evade an arrest or other lawful seizure by flight frustrates some of the same governmental interests as resistance. Flight (especially by means of a speeding vehicle) may even pose a threat.
Looking at the factors -
Seriousness of the offense - against the officers
Immediacy of the threat - handcuffed suspect just refusing to sit down - against the officers
Actively resisting arrest - he was handcuffed-was not actively resisting more passively resisting - score this one as a toss up
Attempting to evade treat by flight - was not attempting to flee - against the officers
https://www.fletc.gov/use-force-part-ii#:~:text=The%20Graham%20Factors%20are%20Reasons%20for%20Using%20Force&text=They%20are%20not%20a%20complete,to%20evade%20arrest%20by%20flight.
So, he should get tickets for speeding. But to be put on the road face down with a knee in his back for rolling up the window? Cops went over board. In cuffs for not rolling down the window? Cops went over board. Sitting on the curb for not rolling down the window? Cops went too far. They don’t get to punish people for wrong doing. Cops don’t get to decide to use excessive force just because they can. Do some research on this police force on YouTube. You will see how they protect and serve, NOT!
Back the Blue till it happens to you...