Texas Trooper Shoves 74-Year-Old Then Arrests Her For Felony Assault When She Hits Him With Her Purse
from the entitled-children-in-grown-ups-clothes dept
On what was presumably a hot, sweltering night in the nation's Texas' capital, a senator's epic filibuster temporarily derailed an abortion bill. This all went far from smoothly as time stamps were changed post-vote, Lt. Gov. David Dewhurst (whose pet legislation was being talked over) briefly threatened to have media members arrested for "inciting a riot" and a 74-year-old woman was arrested for assaulting an officer.
According to the Probable Cause Affidavit, the Lt. Governor order that the gallery be cleared and the Troopers were enforcing that order. When they got to Martha Northington and told her to leave, there was a problem.What kind of "problem?" Well, the kind of problem posed by 74-year-old women who just don't move as fast as the trooper thought she should. Here's video of the incident.
According to the arrest affidavit, Northington resisted by grabbing her seat. Unfortunately for the Trooper, the scene was being videotaped. At 0:02 in the video, you can clearly see Northington reach down to pick up her purse and newspaper. Almost immediately after this the Trooper on her right grabs her arm and you hear Northington protest that he’s hurting her. You can see that the black Trooper is not concerned by her picking up the purse, but the white officer has a death grip on her right wrist.The arrest affidavit carries its own narrative, which is at odds with what was captured on video.
She attempted to resist by grabbing the chair, not standing, and pulling back from me. We broke her hold of the chair and got her up and as I escorted her up the gallery steps Trooper Hall released her. I was escorting her by the arm up the steps by myself and she continued to try and pull away from me. At the top of the stairs, she spun and slapped my face with her open hand and told me to let her go. The intentional slap to the face by Northington was offensive and I was currently wearing a State Trooper uniform...At this point i spun her around and proceeded to handcuff her for the assault. While trying to handcuff her she continued to resist by pulling her arms and attempted to twist away from me...Ms. Northington was transported to Travis County SO without further incident...As was already pointed out, Northington was gathering her belongings rather than holding on to her chair. In fact, it looks as if she's voluntarily leaving, right up to the point that the trooper ups his aggression level.
At the 11-second mark, she does hit the trooper in the face, but with her purse (and that from an angle where she didn't have much of a wind-up). But the officer refers to it as an "open hand slap," something that sounds undeniably more threatening (and "offensive") than "At the top of the stairs, the 74-year-old woman hit me with her purse..."
After hustling an obviously dangerous elderly woman out of the building, the trooper attempted to book her on a felony charge.
Northington was apparently originally charged with Assault on a Public Servant, a third degree felony, but the arraigning magistrate reduced the charges to Resisting Arrest and Assault by Contact, Class A and Class C misdemeanors, respectively.Because Contempt of Cop has yet to be codified into our criminal statutes, the trooper allegedly drew a blank at first when filling out his report. But even the final reduced charges are ridiculous, especially the resisting arrest charge. If you're going to charge someone with resisting arrest, it should logically follow that an arrest was already in progress.
OK, even if we give the trooper the benefit of the doubt, if she is resisting arrest, there has to be an underlying charge. What was she being arrested for in the first place?An assault charge should only cover actual threats to officer safety, rather than just be used to add additional charges to the arrest, one for every unapproved bit of contact between the arrestee and the officer. Even if it was technically assault, shouldn't a trained officer be willing and able to "walk off" being hit by a woman's swung purse, especially if the person swinging it is elderly?
Second, any assault on a peace officer is a felony, even if that is just by contact (i.e., an offensive touch)... Here, Northington supposedly slapped the trooper with an open hand. Yet the black trooper does not make a move to help the trooper who was just “assaulted” by Northington.
Apparently not. Once you've overreacted, the only way to save face in the law enforcement world is to push forward, trumping up charges and rewriting the narrative. And if you think that might be problematic, don't worry. The cleanup crew will be right behind you, ready to condemn the public for thinking bad thoughts about law enforcement.
In response to criticism, [DPS spokesperson Katherine] Cesinger wrote in a statement that troopers only took “actions they deemed appropriate” when responding to protesters that night.The lesson is: because law enforcement members perform a dangerous but necessary job, they are never to be questioned or criticized for their tactics, actions or words.
“Our DPS troopers work every day to ensure that all visitors and staff at the Texas Capitol remain safe and that order is maintained,” Cesinger wrote. “It’s unfortunate that some find it is easy to pass judgment on the officers who are risking their lives every day to protect and serve Texas.”
That's very simply a complete load of self-serving crap. The badges these officers wear aren't a shield against criticism or permission slips to perform their jobs however they see fit. There are oaths to uphold, rights to protect and policies to follow, all of which seem to be ignored once someone triggers the very low threshold to unofficial "contempt of cop" charges. The statement from the DPS is profoundly wrongheaded and only serves to widen the gulf between law enforcement and the people they serve.
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One of these days...
'Okay, that statement was nice, and carefully addresses the concerns that people may have about what happened as reported by the police. Now, regarding what actually happened, which was quite different as the following video demonstrates, your statement addresses none of the problems and concerns, and appears to be nothing more than a cheap attempt to ignore them.'
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I've heard that the RIAA had to sue them for downloading music from beyond the grave! Disgraceful. Grandmothers should be banned!
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The charge was dropped only after meeting with a lawyer and pointing out the fact that a woman who can't move unassisted on uneven ground is no threat to anyone, and we would demand a jury. Not to mention our willingness to go public.
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Not anymore.
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Texas DPS
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Re:
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Re:
Und der Haifisch, der hat Zähne
Und die trägt er im Gesicht
Und Macheath, der hat ein Messer
Doch das Messer sieht man nicht.
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No surprises
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Founding Mothers
I hope at the very least that this thug Texan trooper is catching a lot of hell from his fellow officers for getting embarrassed on the internet by a '74 year old lady who was trying to exercise her constitutional rights.
Texans are big on the Constitution when it comes to guns, but not so much when it comes to speech, apparently, or women's rights.
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Unsubstantiated
Evidence suggests otherwise.
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wowza
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I fell timber in Oregon for 25 years and I risked my life...these Texas cop pricks just ask for getting their asses kicked as far as I can see!
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“Our DPS troopers work every day to ensure that all visitors and staff at the Texas Capitol remain safe and that order is maintained,” Cesinger wrote. “It’s unfortunate that some find it is easy to pass judgment on the officers who are risking their lives every day to protect and serve Texas.”
Dear Katherine,
I understand that sometimes in the heat of tense, conflicted situations tempers may flare. Happens to the best of us at some time or another.
However, upon calmer head prevailing, anyone who feels an instance of overreacting (and the video shows clearly this WAS an incident of the officer overreacting) in any way, shape, or form, justifies the charges that were leveled against here (charges that would otherwise have been nearly impossible to refute without such independent evidence - and don't think those of us who pay attention haven't noticed the zeal with which the police in general try to prevent such independent evidence collecting) simply should NOT be working in law enforcement, period.
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Re:
This article is beyond ridiculous.
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Re: Texas DPS
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Oh great...
The trooper should be beat by his MOTHER with HER PURSE for treating an elderly lady with such blatant disrespect.
The fact is, they do a dangerous job and some people DO actually REALLY fight... so they overreact to EVERYTHING.
OMG! OMG! This tiny elderly woman slapped me... could it be because I was being a jerk? NO!
IDIOT!
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The freakin woman is 74years old... what if that was your relative he was man-handling because she was too slow in grabbing her purse?
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Katherine Cesinger is a windbag
Rick Perry needs to leave and take all of his shitty friends and family he has cursed Texas with, starting with Katherine Cesinger.
Rick Perry is seriously the worst governor ever, so its no surprise people working under him aren't very good at what they do.
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Re:
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For once
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so is it 72 or 74?
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Re: Re:
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Re: Founding Mothers
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Re: No surprises
That's also one of the reasons they always wear those big cowboy hats. It's the only way to contain the huge ego that otherwise would cause their heads to swell to the size of a watermelon.
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Piggy
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Re: Re: Founding Mothers
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Re: Unsubstantiated
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Second,
"Cesinger wrote in a statement that troopers only took 'actions they deemed appropriate'"
If that's deemed appropriate, maybe we need to train officers better in common sense? If someone isn't moving fast enough, ask them if they could move faster. If you get a legitimate excuse, fine, if not, then start doing something about it...
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Re: Founding Mothers
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Re:
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Re: Re: Founding Mothers
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police brutality
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This is when you assert your basic 5th amendment right to be silent.
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Re: Re:
If Texas should be executing anyone, it's cops who give false testimony. That's the very definition of "bad cop".
Two members of LE in my immediate family too, btw, one of them a state trooper.
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Re: Texas DPS
Are they not this?
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Trooper Arrests 74 Yr old Woman
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Re: ... [5th Amendment]
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Re:
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Picking on old ladies.
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It is reasonable to be aggressive to get control of a situation.
Darn, if I had known that was reasonable I could have avoided a mental breakdown! Oh wait, no, it's your reply that's ridiculous.
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Inept Trooper in the heart of Texas
jerk, and to be filmed while doing it. Way to go Trooper!
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Re:
Not so. You are being detained. There's a world of difference between that and being arrested.
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Inept Trooper in the heart of Texas
jerk, and to be filmed while doing it. Way to go Trooper!
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Re: Re: Texas DPS
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Re: Re: No surprises
If there are any good police still out there they need to stop defending these asshats. Bad cops like this are making it a lot harder to respect the rest of them. And dealing harshly with proven bad cops is the only way they are going to gain back that respect.
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74 year old woman wrongly charged for assult
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Re: Re: Re: No surprises
TROOPER: "Do you know why I pulled you over?"
DRIVER: "So sir, Mr Asshat, sir."
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Re: Re: Re: Re: No surprises
"No sir, Mr. Asshat, sir."
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Re: Re:
http://www.law.cornell.edu/wex/arrest
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Re: Re: ... [5th Amendment]
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Why do we keep electing these morons?
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When will people wake up
go up their GRAB THOSE OFFICERS AND GIVE THEM NO ALTERNATIVE but to let her go. PLACE THEM UNDER ARREST and force them to release her.
this is the ONLY way people will get justice.
Don't hit them.
Don't punch them.
Don't fight them except equal to any force they use
Just COMPEL THEM with sheer number. PUT them gently on the ground against the wall take them into custody and COMPEL THEM to do your biding.
people need to wake up and realize "WE" are in charge here.
that these people need to do as they are told.
YOU CAN NOT devolve into riot or mob mentality. you must remain organizes with a single unmovable front that you will do as your told because we the people demand it. without negotiation.
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Re: Re:
Which is exactly why this officer is not fit to police...
If someone who is supposed to police society can't deem the appropriate actions correctly (at least to a reasonable level), they shouldn't be in a position where the job is to assess and diffuse situations.
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Which is exactly why this officer is not fit to police...
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Re: Re:
The dead giveaway was your use of the word idiot. Cops like that along with POS.
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Re: When will people wake up
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Re: Re: Re: Founding Mothers
Maybe he meant non-rich women?
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Well, I beg to differ.
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Texas Penal Code - Section 9.31. Self-Defense
(c) The use of force to resist an arrest or search is
justified:
(1) if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
(2) when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.
If, in defense of herself, she was attempting to disorient the officer to release his grip on her that was obviously causing bodily harm (74 years old? I bet she has a bruise where his hand was.), then she used force to attempt to protect herself from his use of unnecessary force.
Welcome to Texas, I hope they give grandma a medal.
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Re: Re: Re: Re: Founding Mothers
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Get a clue, ChrisB!
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Dealing with "shit" is their job, and they need to do it humanely and with honor. If they can't handle these "idiots buzzing around them" then get the fuck off the force for they have no place being their. Your attempt to defend such bad behavior is weak, step up your troll game.
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Re:
§ 37.02. PERJURY. (a) A person commits an offense if,
with intent to deceive and with knowledge of the statement's
meaning:
(1) he makes a false statement under oath or swears to
the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter
132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.
Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
Unfortunately, it's damn near impossible for civilians to get a DA to press charges against a police officer.
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criminal cops need some justice, street or otherwise...
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so much for arms to protect from your tyranny
Here's the truth.. YOU DESERVE THIS TREATMENT!!!! As for Texans.. they deserve a lot worse.. the cop should have picked up the old lady and just thrown her down the bleacher, and then may her husband or son thank the cop for being a strong American law enforcer. Texas is just a bunch of faaaaaaaaaagolas in stupid hats.
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Re: Piggy
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Seriously, is anyone surprised that this happened in Texas?
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"civil" war
many people are too ignorant or to unwilling to accept the concept of a federal, constitutional, presidential republic.
what kind of fascist police state is the texas republic that wants to charge a 74 year old woman with felony assault on some pansy cop?
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I'm not seeing it
I think this is another overreaction by the "innernet." From the visual evidence, I don't see anything that the trooper did wrong. He was ordered to remove people from the gallery, this woman obviously was resistant to move. When the troopers forced the issue, she purposefully hit a trooper (purse...hand...doesn't matter), and she was arrested. She was clearly making it more difficult my moving her hands around and twisting her body. If that trooper wanted to, he could have body slammed her, twisted her hands behind her and cuffed her. However, he didn't. He calmly cuffed her, as his job and training dictate.
I'm not a conservative, but I'm also not a knee-jerk police hater. They have a tough job. If they take half-measures with just one person, and that person (elderly or not) pulls a gun, knife, etc., then they are DEAD. End of story. From the video, his actions looked appropriate to me. Obviously it looks (and sounds) bad because the woman was elderly, but I think this is an overreaction by the public. If you're given a lawful order by a police officer, you have the choice whether to comply or resist. She clearly chose to resist and he did his job, in my opinion.
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Re: Re:
If they can't handle it, then they should find another line of work. I don't call them up to complain when I've had a bad day. When they're no longer being PAID to work their jobs, THEN we can talk about it.
Despite what you may think personally, being "aggressive" to a 74-year old lady is about the most douchebag-like behavior I've heard of in a long, long time.
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Re: Grandmother
> are dangerous and fatal if encountered.
Whenever something like this happens, in addition to the person's age, there's this bizarre focus on their status as a "grandmother".
What possible bearing does the fact that she bore children at some point in her life (and that those children in turn reproduced) have on the events in question?
Age I can understand, as it speaks to her ability to effectively resist and/or pose a threat, but grandmother? Who cares? What does that have to do with anything?
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Re: Re: Re: Texas DPS
> is referring to when they call them "Officer"
> is a lowly local police officer granted authority
> by some small local government as opposed to
> the entire state of Texas.
I wonder if that elitist attitude results in a reciprocal feeling of inadequacy when dealing with federal agents?
I mean, if they get all pumped up by the notion that the entire state is their jurisdiction, how must they feel in the presence of an FBI or Secret Service agent whose jurisdiction is all *50* states, plus outlying territories and possessions?
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Re: Re: Texas DPS
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Great Investment
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B. The women should have punched him in the throat.
C. This is why most of the public do not like or trust the law.
D. Don't you think he could have found some traffic offender to harass instead?
E. Wives of law enforcement, Please put out more often to help prevent these kind of issues.
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A view into this that may ruffle some feathers...
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Idiots
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I'd love to see the reaction of his parents, siblings, wife, and children and maybe even friends, to his man-handling of an elderly lady.
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Response to: Anonymous Coward on Jul 3rd, 2013 @ 6:29am
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Response to: Anonymous Coward on Jul 3rd, 2013 @ 8:03am
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Response to: Anonymous Coward on Jul 3rd, 2013 @ 6:33am
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Response to: Anonymous Coward on Jul 3rd, 2013 @ 6:33am
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Re: Re: Re: Founding Mothers
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Re: One of these days...
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phony baloney heroics
Truth is their job isn't even top ten most dangerous and half their "died in the line of duty" casualties come from driving around like maniacs and crashing their cars.
I suppose they want a medal for that too.
Yep, as a matter of fact, they do.
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Texas Trooper
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Re: 74 old arrested
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If you disagree, figure it out.
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Land of the free? Whatever happened to that shit.
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Re:
Keeps the masses separated and confused.
If you listen to what is happening around the woman, there are others who yell "he's hurting me!" which is heard all around the rotunda - hell, the woman holding the camera yells a "Screeeee!"
Every instance that people are claiming happened, occurred with someone else standing between cop, woman, and camera.
She came out of that chair ready for a fight.
It stirs the nasties toward Texas, so everyone is looking at it - unfortunately, they aren' t paying attention as to WHY so many were drawn there (also note the place is almost cleared out of spectators - further evidence that at least some remaining were there just to make things difficult.
If you don't believe me, go out and spend some real time protesting.
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Re: Re:
Unfortunately, as in this case, it didn't work (based on this comment thread, anyway).
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Arrest on elderly woman
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Re: I'm not seeing it
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Re: Inept Trooper in the heart of Texas / Trooper Arrests 74 Yr old Woman
Just to clarify that Ms Northington was the VICTIM. The trooper's name does not appear in the article and sadly I could not find his name in any of the linked-to documentation.
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Stupidity of today's cops
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Re: One of these days...
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Re: One of these days...
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the lawgivers
Police are witnesses for the state in a possible crime. They are NOT under any circumstances "law enforcement". They are NOT there to enforce laws! Their purpose is as "witnesses" to a crime. Stop calling them "law enforcement" and stop referring to legislature and "lawmakers". They are not gods, they take a shit just like everyone else does.
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Re: Stupidity of today's cops
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Clapper Award for using words in the opposite sense to their common meanings
I wonder if his wife shouts out in pain when he escorts her by the arm.
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Re: the lawgivers
To be accurate, all the cops need most of the time is a pencil and paper to take down the data AFTER THE FACT, after the crime has been committed and the perp(s) are long gone.
Now if this is your idea of "witnessing" perhaps you need to expand your definitions a tad.
Also, the cops are trained liars, as per job requirements.
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Re: Re: Re: Re: Texas DPS
1. Federal agents except in special place like Border Patrol don't generally patrol the streets the way state and local law enforcement does and when they do it is generally a specifically targeted area for a specifically targeted purpose instead of a general patrol looking for any kind of crime that is being committed. Instead federal agents generally step in to take over investigations of relative federal crimes where the initial ground work was laid by state or local law enforcement so there isn't so much of the Feds "encroaching on their turf" for them to get upset about.
2. Texas, because of it's unique history of being a sovereign republic prior to voluntarily choosing to give up that sovereignty to enter the union (and certain concessions that were made by the federal government as conditions of the deal) there is a commonly held view among many residents of the states (that isn't completely unfounded) that "We CHOSE to join this party and at any time we can CHOOSE to leave." This may contribute to the perspective of state law enforcement officers holding the view that they are effectively law enforcement for the Republic of Texas instead of just the State of Texas.
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Re: A view into this that may ruffle some feathers...
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Not free any more
It isn't as if any rational person still believes the USA is a free country. Think about it. No-warrant wire taps, indefinite detention of citizens without charges, approval of rendition of prisoners and torture, stop and frisk without probable cause, search and seizure without a warrant, no-knock entry, confiscation and destruction of cameras that might have been used to film police acting illegally, police brutality, police shootings that go without investigation, managed news, and the civil-rights destroying "Patriot" Act.
Acts of police behaving illegally, with shootings, Tasers, and unwarranted violence now appear almost daily. Rarely are these offenses punished. Most often "an investigation" is claimed, but soon forgotten.
In addition, the USA, with 5% of the world population, has 25% of all of the prisoners in the world. That means the USA has the most people in prison of any nation in history. Even by percentage of residents incarcerated, not just sheer numbers. USA is # 1! Does any of that sound like a free country?
As Dwight D. Eisenhower said about communism, "It's like slicing sausage. First they out off a small slice. That isn't worth fighting over. Then they take another small slice that isn't worth fighting over. Then another and another. Finally, all you have left is the string and that isn't worth fighting over, either.
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Re: For once
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Re: so much for arms to protect from your tyranny
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Re:
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Obviously you didn't get the analogy. You must be a cop to take what I said literally. It was a comment on taking out your own frustrations on another. Every single adult profession I know of has stress, and a lot of it.
Is it any less stressful when you work a minimum wage job and have 3 kids at home to feed? Their lives depend on the money you make.
Is it any less stressful to serve a tour in the military over seas, only to come home a find your wife has taken the kids and cleaned out the house with no idea of where they have gone?
What about Firemen? Are they aloud to treat people like shit because they had a bad day too?
How about admitting when you over-react to a situation and apologize for losing your cool?
How about not lying on a report to cover you ass?
How about treating others as you would have them treat you?
How about quit whining like cops are the only ones who have a tough and dangerous job.
How about do the job right or don't do it at all?
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Re: Re: Re: Re:
You ever worked in retail or food service? It sounds like that's what you are describing.
How was your meal sir?
Would you like some fries with that?
I'll be happy to refund your meal for you.
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When they came for me, there was nobody left...
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What needs to start happening...
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Re: Re: Re: Re: Re: Texas DPS
> to take over investigations of relative
> federal crimes where the initial ground
> work was laid by state or local law enforcement
Speaking for myself, I initiate the vast majority of my own investigations, and when state or local law enforcement has already started an investigation, I've never taken it over. I provide investigative support and testify in the state trial, if need be, as well as provide an avenue for federal prosecution if the case detective wants to go that route.
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Re: Re: Cops should be held to a higher standard
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cops are losers with guns
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Re: ChrisB are you stupid and blind
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Re: ChrisB are you stupid and blind
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