Posted on 04/16/2010 9:36:21 AM PDT by DCBryan1
A Streamwood police officer accused of beating a motorist with his baton is being held on $50,000 bail.
Video from Officer James Mandarinos dashboard camera appears to show him abusing the motorist despite the fact the motorist appears to be complying with the officer, prosecutors say.
"At no time during the time period when the defendant is beating the victim with his baton does the video reflect that the victim had anything in his hands, nor does the video reflect the victim making any threatening motions toward the defendant,'' Assistant Cook County State's Atty. Alexander Vroustouris said in court Thursday. "The victim is completely compliant."
The sequence went down as follows, prosecutors say:
Mandarino began following a suspects car along Schaumburg Road in Streamwood for approximately 32 seconds after observing the vehicle "squealing its tires."
The car pulled into the driveway of a home and the driver got out.
Officer Mandarino exited his squad car, pulled his gun and walked up to the car pointing the firearm at the man who got out. He instructed the driver to get back in.
The driver complied, and stayed in the car for about 90 seconds.
Mandarino then walked over to a passenger who had exited the car and used a stun gun to subdue him.
The driver then exited the car with his hands raised above his head. After approximately 10 seconds the driver put his hands behind his head and stayed that way for 90 seconds.
Mandarino then approached the suspect with his baton drawn, pointing toward the ground. The suspect appears to follow his instructions and gets on his hands and knees.
The officer then begins to hit the man with his baton on the back and head.
The man ultimately required seven stitches to ear, multiple bruises and was treated for a concussion.
Defense attorney Ed Wanderling says the video doesnt show the whole story.
He contends the vehicle refused to comply with an earlier attempt to stop along Schaumburg road, and that they were fleeing the officer.
Wanderling also says that someone exited the house during the incident, and that words were exchanged during the altercation that are not audible on the tape because the dash cam has no sound.
He expects Mandarino to post bond.
After hearing about the incident Streamwood police turned the case over to Illinois State Police who alerted the Cook County States Attorneys office.
"It was not a long pursuit or a high speed pursuit," said Cook County States Attorney Anita Alvarez. "This conduct is outrageous and unacceptable."
Streamwood, IL police officer soon to be prisoner, James Mandarino
Injured motorist (soon to be millionaire) Robert Bell
Scumbag lawyer Ed Wanderling
NO BAIL, Upon Conviction LIFE IN PRISON, Immediate seizure of all Civil Assets using Asset Forfeiture laws. After all He did make a PROFIT from His ILLEGAL ACTIVITIES or was he working for free??
The recordings at the dispatch center should clear that up right away to see if the cop reported a chase and if the siren was on during the radio transmissions. But even that wouldn't excuse the beating, but its absence might show the cop as an even greater liar.
Wanderling also says that someone exited the house during the incident, and that words were exchanged during the altercation that are not audible on the tape because the dash cam has no sound.
Since person B came out of the house and said something to the cop, driver A gets a beating? I guess although "words will never hurt me" the stick still gets to hurt you.
Why do we have police?
What is the whole point of “law enforcement”?
Wow. That’s quite the beat down, under color of law.
Fascist thugs like this need to be rooted out from legitimate LEOs, imprisoned and sued for every dime they have.
This guy is lucky there wasn’t a mysterious camera malfunction.
And sentencenced to death. It’s a 2nd Degree felony in many places to assault a cop, they should have at least a congruent charge for assault, PLUS abusing authority. NO INEQUALITIES FOR COPS.
I got this from a CCW student of mine that asked me, "Could someone have legally shot the cop?"
My answer was, according to our state code, that self-defense, or defense of an innocent third party is acceptable if you reasonably fear (and can prove that that fear is rational) that you or an innocent third party is threatened with unlawful deadly force, that you can shoot to kill to protect yourself or another.
Without audio, we don't know what happened, and my best answer in this case is to stay out of the way, and you could shoot anyone (including a cop) ONLY if they were about to immediately, unlawfully, about to murder someone in cold blood.
As gruesome as this video is, I would vote No as to the student's hypothetical question, but hope this is shown to every LEO academy as what NOT to do.
One thing that draws a red flag for me is no audio. Local cop shops here deadline a patrol car if either the audio, video, or remote audio units don't work. I'd like to know the audio because if the driver or passenger said something like, "Im going to shove that baton up your ass cop", that would tend to change my view of the situation drastically.
And lucky that the ‘camera’ wasn’t somehow misplaced. That has already happened in my town.
“ONLY if they were about to immediately, unlawfully, about to murder someone in cold blood.”
You mean kill, not murder.
Google up 18UCS242 sometime. If this Lawyer is competent that cop is going to rue the day he was born.
Right...nice catch. From looking at the video, there was no intent to kill the motorist. 18 USC Section 1983...Hell yes.
Now that I’ve seen the video, He should be castrated, then shot for this abuse of trust and authority.
Once upon a time, people didn’t assault an unarmed foes. In this case he beat an unarmed, kneeling man. Fortunately for this guy, he wasn’t just shot to death by the animal, as is frequently enough, the case.
Good point!
No one knows what the motorist or passenger said. HOWEVER, if something like that was said at the cop, it would completely change the situation. It might mitigate the charges upon him somewhat. A verbal threat to a LEO in the line of duty is a very dangerous and special situation that shows an intent to cause him harm. There is a disparity of force situation since there are at least 2 people out of the car.
Gawd I wish their was some audio with this tape. Now I see why our local LEOs deadline a patrol car when either the audio, video, or remote audio isn't working.....helps to protect us (individuals) AND the cops (gummint).
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