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Posted on 01/17/2003 8:38:44 AM PST by grasshopper2
Police, resident clash in dispute Kettering woman walking dogs lands in handcuffs
By Mara Lee e-mail address: mara_lee@coxohio.com Dayton Daily News
KETTERING | A 66-year-old woman taking her dogs for a walk ended up in jail for 90 minutes after getting into a dispute with a patrol officer.
She was charged with walking in the street, assault on a police officer and obstructing official business. She was released on her own recognizance. But Kettering police said the case could have been avoided if the woman had cooperated during the encounter.
Geraldine Hemmert-Emmons, who lives on Braddock Street in Kettering, was walking her two dogs on her street Sunday night after finding the sidewalk slippery. She said she yelled at a passing car going too fast. The car was Officer Jerry Csizma's cruiser.
Both say he told her to get out of the street, and she refused. Both agree she challenged him to give her a ticket. Csizma and Hemmert-Emmons have different accounts of what happened next.
In his report, Csizma, a 25-year veteran, said she refused to identify herself, making a citation impossible. Csizma's report states he drove around the block, and when he returned she was still in the street. After warning her again, he called for backup, Officer Adam Walker, who corroborated Csizma's account.
The report states she refused to identify herself four times even as he threatened to arrest her.
Hemmert-Emmons said while being taken into custody, Csizma put his hand in her pants pocket while frisking her. The police reports state Csizma handcuffed her and checked her coat pockets.
Hemmert-Emmons, who said she was not handcuffed yet, said, “ ‘Stop doing that,’ and I pushed him. That's when he said: 'You're under arrest.' He threw me down in the snow, pushed me very hard."
The police reports state she kicked him in the shin and Csizma pulled her to the ground to stop the scuffle.
Police department spokesman Glen Evans said that action is “a reasonable tactic that we use."
Hemmert-Emmons' refusal to identify herself led to the arrest, Evans said. "If she's not going to cooperate, our options are limited," he said. "She put herself in a difficult situation."
Evans said the obstruction charge stemmed from disobeying the direct order, refusing to give her name, and trying to walk away from the officers. He said it was unlikely the assault charge would be a felony.
Hemmert-Emmons made and then canceled an appointment to file an official complaint. Evans said internal affairs would investigate, but it would be difficult without her help.
Csizma's most recent performance review said: "Patrolman Csizma is very patient when handling complaints from citizens. . . . He maintains a calming presence when confronted with potentially explosive situations and effectively deals with angry or excited persons."
His personnel file includes 24 thank-you notes, a recent commendation for using a taser to subdue an agitated man with a knife and a 1997 excessive-force reprimand for hitting a fleeing suspect on the head with a flashlight, causing a minor injury.
Contact Mara Lee at 225-2420 or mara_lee@coxohio.com
[From the Dayton Daily News: 01.08.2003]
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No young Grasshoppah, you give ID when the cop asks for it, period. Thats the way it has always been. In this story I take the cops side. Police bashing has gone too far.
What is this country coming to when people don't immediately obey and cooperate with authorities?
Not just that...
You'll do this, and you'll like doing this.
Do you UNDERSTAND, citizen?
Wrong. The Supreme Court disagrees with you. We don't have to show our "papers" to the police. We don't even have to carry them with us. You need to bone up on your Constitutional law.
And then lick his boots.
You gotta be kidding me, right? Oh, you were being sarcastic. If I recall, that was a Stalin quote. --- Good one. ;-)
Resistance is futile grandma!
That answer is incorrect. You are the weakest link. :-o
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