Posted on 08/12/2008 1:23:45 PM PDT by Fundamentally Fair
WEST PALM BEACH, FL (NBC) - A south Florida police officer has resigned and two others have been suspended after they are caught on tape hitting and kicking a handcuffed suspect.
The video paints a disturbing picture.
An incident back in late May involving three West Palm Beach police officers following an oxycodone robbery at a CVS.
Officers Jason Zangara, Louis Schwartz, and Kirk Graham all became the target of a internal affairs report.
West Palm Beach Police Chief Delsa Bush says "in this particular case having the video I chose to substantiate the charge of the use of excessive force."
According to the report, Valenzuela pepper sprayed the officers prior to being cuffed, then tried to bite one and spit in another's face. West Palm Beach police Chief Delsa Bush says the victim's behavior was bad but so was the officers.
West Palm Beach Police Chief Delsa Bush says "there was a thin line basically between giving officers a commendation and then ending up having to discipline them."
The entire incident took place in this CVS parking lot all of it caught on tape from a police cruisers dashboard cam, it wasn't until a few weeks following the incident a supervisor with the West Palm Beach police noticed the video and questioned it.
Valenzuela apologized for his actions though he says he doesn't remember it because he's addicted the drugs he stole. He received bruises and a cut above his left eye which required stitches.
Valenzuela is charged with battery and assault on an officer as well as robbery. As for the officers involved, Kurt Graham resigned two weeks ago. Schwartz and Zangara are on paid administrative leave for not using excessive force options.
West Palm Beach Police Chief Delsa Bush says "these officers didn't act upon that particular training and we have to police our own."
“Valenzuela apologized for his actions though he says he doesn’t remember it because he’s addicted the drugs he stole.”
The drugs also would’ve helped kill the pain.
I for one think the police have failed at policing their own, and the time is long past due to reign in those who purport to protect and serve.
If it were not for the video, there would never be a story.
How stupid are these guys have been, knowing the video was rolling.
And in how many cases where there wasn't a video available did the Chief look the other way? Many, I'm sure.
I see 4 officers in the video but only 3 are under investigation?
its too bad we can’t see the video from start to finish....frankly, I’ve seen worse.....but what is it about cops and gansters with this kicking?....its such a chicken ship way of attacking someone.....
I live 40 miles north of West Palm, guess I’ll go elsewhere to spend my money. Wouldn’t want to get blood on myself from some one getting snot beat out of him.
I laughed ‘til I cried.
I couldn’t be a cop. If someone pepper sprayed me and spit in my face, I’d give them a good beat down.
Sounds to me the "officers" were using excessive force options.
I understand what you are saying, but if you choose to be a cop, you know part of the job is dealing with such situations. When he pepper-sprayed them, spit on them, and fought with them they had every right to take him down, and take him down hard so as to avoid further injury to themselves. But once the cuffs go on, I expect an officer to act professionally, and that does not include further battery on the arrestee.
The police are empowered to arrest and bring him before a jury of his peers, they are not authorized to dole out his punishment.
The other officers on the scene failed to police their own, and deserve to share in the punishment with those that struck the suspect.
However, this was brought to light because a supervisor saw the video and called for an investigation.
The suspect was too messed up on drugs to even remember what happened. It wasn't a complain by him that started the investigation, it was to police, policing their own.
Not quite, as the investigation would have started immediately if it would have been reported by others LEOs on the scene, that were not involved directly in the assault on the suspect. They obviously kept quiet, until days later when the video was reviewed by someone not involved.
The punishment here was nowhere near enough — these cops should all be charged with assault (rather than merely forced to resign or suspended). The guys who resigned will likely go down the road and get another cop job in the next town over.
That said, I give credit where credit is due — the police department apparently noticed the incident on their own and acted to stop it. It’s a step in the right direction.
True. Officers who witness assaults and don't report them should be charged as accessories to the crime -- just like any gang member on the scene of a crime who watches his buddies do the deed.
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