California cops defend seizing video depicting fatal beating case (via Raw Story )
Authorities in Kern County, California are defending themselves against criticism for confiscating cell phone video of seven sheriff’s deputies’ fatal encounter with a 33-year-old man. “For us not to go get videos that are evidence, we wouldn’t be doing a very good investigation,” Sheriff…
A disturbing article over at Raw Story: http://www.rawstory.com/rs/2013/05/14/california-cops-defend-seizing-video-depicting-fatal-beating-case/ : alerted me to a very disturbing situation that occurred in California. The article is reprinted above with permission.
On May 8, 2013 Daniel Sal Silva, 33 was passed out on a sidewalk in Bakersfield which is in Kern County, California. It is alleged by one eyewitness that he was too intoxicated to [initially?] fight off the deputies who were beating on him with their batons. The involved deputies allege that Silva was resisting arrest and swinging at them. Silva, a father of four children, died less than an hour after the beating at Bakersfield Medical Center [which is located nearby, pretty much across the street].
An eyewitness to the incident, Sulina Quair, called 911 during the incident. Her sister Melissa Quair's boyfriend videotaped the beating with his cellphone. It is alleged that on the videotape, Daniel Sal Silva was being restrained in the manner that is commonly referred to as "hogtied" as the deputies were beating him with their batons. It is alleged that the video shows that the deputies dropped him from an unspecified height twice. Two detectives demanded the boyfriend's cellphone as well as the cellphone of the Quair sisters' disabled mother, Maria Melendez. According to Melissa Quair, the two detectives had barged into Melissa Quair's residence without her permission. She and her boyfriend allege that they were not permitted to leave the residence from appoximately 3 a.m. until sometime before 8 a.m. The boyfriend gave the detectives his cellphone because he had to leave for work. The cellphone was confiscated without a warrant.
Another eyewitness, Jason Land, did contact a news station and alleged that Daniel Sal Silva was begging for his life. Land was reportedly arrested the next day. The claim is that he was using P.C.P. Jason Land denies using P.C.P.
Ruben Ceballos stated he heard loud screams and noises. He alleged that he saw Silva being beaten. He also alleged that he was able to hear Silva pleading for his life. Ruben Ceballos lives next door to the spot where the beating happened. He had been sleeping and was woken up by the ruckus.
radical sapphoq says: Police brutality is a known but not necessarily a given in any situation. I wasn't there. It is possible that Daniel Sal Silva had come to and was resisting arrest-- whether he was aware of doing so or not is certainly up for debate. It is possible that someone who is intoxicated may change from docile or passed out one minute to displays of violence the next. It is equally possible that the deputies came upon the passed out man, startled him, and then were unable to defuse the situation. It is also possible that the deputies escalated the situation. But all of this is academic, or mental masturbation. A man is dead, beaten to death. The involved deputies were not suspended with pay. [There is no requirement to do so in alleged incidences that involve alleged death by beating, only in incidences where police gunfire causes a death, I believe according to the articles]. And to make matters worse, the videos are in possession of the police. Hopefully not the same police stations that the deputies or the two assisting Highway Patrol Officers are stationed at. Hopefully, the video taken from Quair's boyfriend will not be conveniently altered or damaged or irretrievable.
I understand why police [and their unions in many instances] do not want citizens to videotape them out in public. A citizen might have the presence of mind to videotape the cops doing something that isn't right, such as using far too much force on an intoxicated individual. It appears that it very well may become necessary for citizens with cellphones to always be ready to instantly upload a copy of any videos they capture with their smartphones or other devices to a safe place in order to preserve possible evidence of police brutality. Or at the very least memorize the phone number of their lawyer. I think I remember reading of a situation where a citizen [or possibly a journalist?] had the presence of mind to hide a memory card in her mouth and thus a vid or photographs were preserved. My own cellphone is a dumb phone [not a smartphone].
If I ever do acquire a smartphone, I will be certain to install the app on it from the A.C.L.U. in New Jersey [available for free at Google Store and at iTunes, links here at: http://www.aclu-nj.org/yourrights/the-app-place/ ] that is mentioned in some of the comments that follow some of the articles that I cite below.
References:
http://www.rawstory.com/rs/2013/05/14/california-cops-defend-seizing-video-depicting-fatal-beating-case/
http://www.bakersfieldcalifornian.com/local/x651132658/Debate-erupts-over-cell-phone-video-of-Silva-beating-by-officers-Witness-I-can-still-hear-him
http://www.addictinginfo.org/2013/05/12/police-bludgeon-a-man-to-death-as-he-begged-for-his-life-witness-said-they-were-like-animals-video/
http://www.calwatchdog.com/2013/05/13/kern-county-sheriffs-seize-cell-phones-to-hide-killing-of-citizen/
http://forums.corvetteforum.com/politics-religion-and-controversy/3269183-cops-beat-man-to-death-in-bakersfield-while-begging-for-life-cell-phones-also-taken.html
http://www.bakersfieldtalks.com/groups/bakersfield-news/forum/topic/kcso-has-truly-crossed-the-line/
http://www.kget.com/mostpopular/story/911-Call-These-cops-have-no-reason-to-do-this-to/hdhpsDrVhk6tb7JeK5MtYA.cspx?p=Comments
http://www.turnto23.com/news/local-news/witnesses-deputies-used-too-much-force-in-arrest-of-bakersfield-resident-david-silva
http://www.bakersfieldnow.com/news/911-call-police-officers-beat-the-expletive-out-of-him-and-kill-him-207000721.html?amp;smobile=y&clmob=y&
http://www.bakersfieldnow.com/news/local/Questions-suspicion-and-grief-hang-over-in-custody-death-case-206865001.html
http://www.bakersfieldnow.com/news/local/Questions-suspicion-and-grief-hang-over-in-custody-death-case-206865001.html
http://www.bakersfieldcalifornian.com/local/breaking-news/x480781176/Bakersfield-officers-in-beating-incident-not-placed-on-leave?utm_campaign=flyout&utm_medium=flyout&utm_source=local
http://www.bakersfieldcalifornian.com/local/x1891153784/The-question-on-everyones-mind-Why-hasnt-video-footage-of-Silva-been-released
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