Posted on 01/20/2005 5:57:04 AM PST by Born Conservative
Frank Dudley's attorney maintains incident based on race. Cop says Dudley became confrontational.
WILKES-BARRE - An elderly black man who claimed he was manhandled by police was found guilty Wednesday of disorderly conduct and another offense in altercation Nov. 16 that prompted his allegations. Frank Dudley, 71, of Hanover Street, Wilkes-Barre, maintained he was simply out for a jog, and that officer Charles Casey arrested him for no reason.
But Casey said Dudley became confrontational and shoved him in the chest after he approached Dudley on Coal Street and asked him to run on a sidewalk, rather than the roadway.
The conflicting versions were relayed to District Justice Martin Kane at a brief hearing Wednesday.
The case drew the attention of the local chapter of the National Association for the Advancement of Colored People after questions arose about whether the arrest was racially motivated.
Dudley's attorney, Barry Dyller, said he agreed to defend Dudley at no charge based on that belief.
"I've seen enough cases of people being arrested for driving while black. This is a case of someone being arrested for jogging while being black," Dyller said after the hearing.
In testimony, Casey acknowledged he was first drawn to Dudley because of his race. But he stressed it was Dudley's behavior, not his skin color, that ultimately led to his arrest.
Casey said he was responding to a report of a shooting at the Interfaith Apartments on Coal Street at about 10:25 p.m., when he saw Dudley running. The only information he had was that a young black male had fled from the scene.
Casey said he saw Dudley and "my suspicions got the best of me." He said he drove his patrol car up to Dudley. Realizing he was too old to be the suspect, he said he told Dudley "I'm sorry, you're not the person we're looking for."
Casey said he was concerned that Dudley, who was jogging on the street at night, might get hurt, so he advised him to run on the sidewalk. That's when Dudley became confrontational.
"He said 'You don't tell me what I can do,' " Casey said.
Casey said he again advised Dudley he needed to jog on the sidewalk, and Dudley continued to be confrontational and shoved the officer in the right shoulder. That's when Casey said he placed him under arrest.
"A spin can be placed on this any way you want it," Casey said. "I was genuinely concerned for his safety."
In his testimony, Dudley claimed Casey asked him what he was doing, and that he replied "jogging." He said he continued on his way until he was tackled from behind and handcuffed.
Kane determined police presented sufficient evidence to uphold the disorderly-conduct citation and fined Dudley $25. He also found Dudley guilty of the citation for "walking along or on a highway" where a sidewalk is available, which carries a mandatory $5 fine. Dudley must also pay $107.50 in court costs.
Speaking after the hearing, Dudley said he was disappointed by the ruling and will appeal the case to Luzerne County Court.
Ron Felton, head of the local NAACP chapter, said there's no way to know whose version of events is accurate. He said it was important to bring the case to the public's attention.
"My goal is to put these things on the public record," Felton said. "If there is a pattern and we see more of this happening, obviously questions are going to be raised."
A call goes out of a shooting in the area late at night....Police see a man running in the area...late at night.
I'm all for ticketing runners out in the street, when there's a sidewalk available. Now, if this guy was mostly ticketed for "being black in the wrong part of town", that's another thing altogether. But running in the street rather than using the sidewalk gets him started on the wrong foot with me.
So black people don't have to obey law enforcement officials?
Although, it doesn't seem like the fines are too high - what's he owe, $140?
I sometimes go running after 10 PM, and I sometimes worry about an over zealous police officer with a grudge against Samoans, but I know that as long as I am peaceful - that police officer will pay when he meets my father in court.
My dad being a judge in Samoa, and a successful lawyer. One of my bestfriends' father is also a very well known lawyer (big time). My distant cousin and good friend of my father is the mayor... and frankly, I'd feel sorry for the cop. A night or two in a holding cell is no skin off my back, just so I could see the cops face when the sky falls on him.
Coal St. has a lot of traffic; I don't think the request to jog on the sidewalk was unreasonable.
Who writes this crap? More embarrassingly, who reads it and takes it seriously?
Where was this officer's sense of priority?
Finding a young criminal?
Or exercising his authority over a old jogger?
Clearly, the best explanation is that the officers Nanny-state mindset overwhelmed him.
When the options were look for a robbery suspect, or enforcing Jaywalking statutes. He chose to get out of his vehicle to enforce Jaywalking statutes.
That's poor prioritization at work.
Hell, the other day I realized I was falling into the same trap when I said to my wife ... "you're picking on me because I'm a white male".
With that she smacked me.
When I got up off the floor, I vowed to stop with that silly crap. ;)
Obviously, not you, or I. ;)
"So black people don't have to obey law enforcement officials?"
duh /sarcasm
Reminds me of a movie called "Watermelon man" (I think that was the name of it.)
Very good Chief rwilson99.
Instead of "Protect and Serve" they should just make it "Serve".
Yeah ... I know ... cops suck.
Most runners do seem to use the street - asphalt being a little more forgiving than concrete, and the sidewalk being full of joints and curbs - tripping hazards.
But I wish they weren't in the street.
I've heard of cases (and seen enough of them on "Cops") where people of all races have been stopped just because the cops thought they looked suspicious. Sometimes, the cops' instinct pays off and they find something illegal in the car, or the driver turns out to be drunk or high as a kite.
If there's nothing wrong in the car, they don't get arrested though. Unless they do something stupid like get belligerant with the cop. Just like this guy apparently did.
Here's a clue, folks. Deep down inside, alot of cops are control freaks. They really, really need to think they are in control of every situation. Because in their line of work, not being in control of the situation can be fatal.
Don't get in a cop's face. Don't make them think they have to force you to submit to their authority.
Because if you DO defy them, you may wind up getting arrested for "driving while black, stupid and belligerant". Or white, stupid and belligerent. As the case may be.
See reply #10.
You beat me to it!
The title WAS "Watermelon Man".
The scene where he's late for work and starts running through the neighborhood to catch his bus and the neighbors start screaming and the cops start chasing.
Wearing reflective orange I hope.
The most amazing part of this story is the skill the jogger demonstrated....
Jogging at night with a chip on your shoulder, and not having the chip fall off... that takes some skill.
I was walking in the street one day (having just jaywalked) and a cop pulled up, rolled down his window and asked me to "walk on the sidewalk".
I said "Oh.. OK.." and moved to the sidewalk.
What did I do wrong there?
Maybe I should have said "Hey...EFF you man... this is MY street. I pay taxes.. who the hell are you to tell me what to do?!?!?"
Naaaaa....
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