So! Just what is Sgt. Nice's point? It's
not so nice to write such a short e-mail that fails to get to the point. How about
getting Sgt. Nice to be nicer and get to
his point. Don't leave us hanging out here wondering what's his point. That's not nice!

So far, all we've been able to figure is that he's admitting the truth of Prentice's first amendment allegations. But it'll probably all come out in the wash, once IP addresses have been cross-checked, you know, that kind of thing...

So having concealed posters in your possession is...illegal? or justifies getting harassed and intimidated by the cops?

What is Sgt. Nice's point?

The cop on that poster is generic enough to be construed as cops in general or even the government in general. Maybe even just a comment on the increasing restriction on our free speech. Revolutions don't come nicely.

Yeah but I never put those up,” says Prentice, in response. “Those were in my backpack, but Nice would never have seen them if I’d not been unreasonably arrested.

Oh, baloney. Nigga, please. What were they doing in your backpack in the first place ?

Look, I'm no fan of the PPB, but you really should be aware of just how nasty they can be when antagonized. It's like taunting a vicious dog over and over again, and then complaining when it bites you.

One has to wonder if the poster artist has ever even fired a pistol, or been in a situation before where they needed the police, or been in a situation where they didn't need the police, but got a whopping, unwanted dose of them anyway.

The PPB beat the shit out of and kill people all the time, and they get away with it, and they have been getting away with it for many decades. I'm not saying that's fine and fuckin' dandy, but it is certainly something to keep in mind when going out of your way to rile them up.

Like when you produce a bunch of posters directly threatening their very lives.

It's not rocket science.

Prentice told me he got the poster design from a website.

Well that website had better be prepared to be tasered and fallen upon, while its kidneys get housed...

If that is Kyle Nice posting, he's just given Prentice's defense attorney ammunition, as well as disadvantaged himself in a possible 1983 (civil rights) case against himself.

I'm sure the DA's Office and City Attorney's Office are thrilled with him talking to the media instead of someone like Brian Schmautz.

So, the simple question is this. Is a poster showing a gun pointed at a generic looking authority figure with the phrase "Revolutions don't happen by themselves. We need your help." a crime? It should be less about what one person or another feels about it and just get to the point of the legality of such a design.

The point is, under the first amendment, it's illegal to arrest someone for the content of their expression.

If this is Kyle Nice, his email supports Prentice's case that his fellow officer's arrest, and his own subsequent alleged questioning (without Miranda rights) and alleged intimidation of Prentice in a holding cell, were motivated not by the crime of "advertising on the street," for which Prentice was cited and is yet to appear in court, but by the political content of Prentice's posters.

That appears to be a pretty startling breach of Prentice's first and fourth amendment rights to free speech and against unreasonable seizure, not to mention the following police bureau directives:

313.00 Misuse of Official Position

Members shall not use their official position with the Bureau as a means of forcing, coercing or intimidating persons with whom they are involved in any civil matters to cause those persons to take or refrain from taking, any action in that matter.

330.00f Disparate Treatment

Disparate Treatment: Allegations of specific actions or statements that indicate inappropriate treatment of an individual that is different from the treatment of another because of race, sex, age, national origin, sexual orientation, economic status, political or religious beliefs, mental or physical disability, etc.

310.20 Retaliation

In order to maintain community credibility it is essential that citizens do not fear retaliation by Bureau members. Retaliation may occur for such reasons as, but not limited to:
a. Demonstrating one’s constitutional rights.
b. Reporting misconduct.
c. Questioning the legality of a member’s actions.
d. Asking for a member’s name and/or Bureau I.D. number.

310.40, Courtesy

Members shall, on all occasions in the performance of their duties or after identifying themselves as a Bureau member, be respectful, courteous and considerate toward their supervisors, their subordinates, all other members and the public.

310.00, Conduct, Professional

Members, whether on duty or off duty, shall be governed by the reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit upon the Bureau or the City. Members will conduct themselves in the discharge of their duties and the relations with the public and other members in a diplomatic and professional manner. Members shall not publicly criticize the Bureau, its policies, programs, actions or members, or perform any acts, or make any written or oral statements which would impair or diminish the orderly and effective operations, supervision, or discipline of the Bureau. Members shall not spread rumors in regard to other members, citizens, future policies or activities, or make statements regarding public events, crimes, or catastrophes, unless they know of their own knowledge that their statements are true.

The email itself, if it's Nice, also appears to be in violation of Bureau directive: 313.50 Endorsements, Referrals and Publicity, which states:

Members shall not adress legislative bodies or committees; appear on radio or television; prepare any article for publication; act as correspondents to a newspaper or a periodical; release or divulge investigative information...

Don't take my word for it, though. Download the police bureau's 600-page directives here and decide for yourself.

http://www.portlandonline.com/shared/cfm/image.cfm?id=32482

Or you could call the police commissioner and ask his opinion. The mayor's office is on 503 823 4120.

So, what is Nice's point other than the poster might not be so "nice"? Does this mean I have to burn my old school recordings of NWA's Fuck Tha Police?

Sounds like PPD should just go back to busting cyclists who blow stops signs messengers without breaks and continue to really clean up crime in this city.

Shrug.

And busting people who can't spell. Brakes.

I just read all of 313.50, and it seems like officers can speak for themselves whenever they'd like—they're not supposed to do all of those things as "representing the Bureau" w/o Chief Sizer's okay. In other words, you can't testify against a state legislative bill and claim you're representing the PPB, or write a letter to the editor acting on behalf of the bureau.

But I've heard that Sizer has made it clear that officers are allowed to speak with the media as much as they like, as long as they're speaking for themselves.

And you know, I think it's fair enough, in the spirit of transparency, for Nice to speak up.

I phoned Sgt.Brian Schmautz with the allegations on Monday morning, and he called me back with the time of the call, and when Prentice was detained, and when Officer Wells was cleared to go back to duty. I told him these were allegations, and didn't speak to him until the next day at 5.30, shortly before we went to press.

Schmautz told me he had not contacted the officers about whom the allegations were being made. I had assumed (wrongly) on the Monday that he would have contacted Wells, Nice, and Humphreys given the seriousness of the allegations Prentice was making. He told me he had not.

So for Nice to respond on his own behalf is, I think, kind of gutsy. But it doesn't alter the facts of Prentice's first amendment case.

And is "gutsy" what we need in our local police officers?

What would have happened if he'd been wearing this shirt?

I’d like to point out that I chose not to put up the gun cop poster because I thought it was too volatile and the message could be misconstrued by some people. I would never advocate for people to shoot a cop, but I do want people to question the way police use the threat of extreme violence to control the American people. For example, Officer Wells actually threatened to tase me repeatedly or even shoot me while I was cooperating with my arrest for putting up a flyer he found objectionable. Sergeant Nice does not tell you that my backpack also contained a flyer entitled “Where there is no equality, there can be no dialogue”. It’s about the misappropriation of power by the police from the citizens they are supposed to protect. These flyers and more information were found at www.omnipresence.org I do not consider myself a true anarchist, but I believe we must make changes to improve our current system. According to portlandcopwatch.org there have been at least 112 Portland Police shootings and in custody deaths since 1992.

Jake: I think guts are an admirable quality in anyone. But you raise a valid question.

Maybe it's a water gun, people. Or one of those toy guns you buy from a bubblegum machine or something. I think we're all jumping to some alarmist conclusions here.

I think it's a call to arms to fight the impending threat posed by the original Megatron and the T-1000.

Scott: you raise a good point, which was not actually the point you were raising at all, but is still a good point regardless: all this talk of, like, police suppressing speech and so on is really depressing. Can we have a entire week of Blogtown posts about how awesome Transformers is going to be? Please alert Erik. Thanks.

Sounds like Prentice is trying to be a pain in the ass and the police are stupid enough to become entrapped by it. We pay them a good salary to not be stupid.

While Oregon has very strong free speech rights, they don't include attaching posters to random buildings.

Most disciplinary actions for bad cops have been reversed in arbitration under the union contract. Rewriting that is a first step. The reduced educational requirements for recruits is the wrong way to go.

"While Oregon has very strong free speech rights, they don't include attaching posters to random buildings."

Yes, I mean, whatever next, being allowed to attach posters to random people?!

He agreed to take it down when asked, and alleges he was only arrested when the officer saw the poster's contents.

And if you read about Prentice's alleged history with the cops, it's understandable why he might want to make a political point.

Putting up posters isn't slanderous, just like me calling Nice and Humphries a couple of dickhead assholes isn't libelous.

Hey, we should lessen the education requirements for PPD officers.

Keep in mind that I wasn't arrested for putting the poster on a public building. I was arrested for sayng I was going to put them up elsewhere.

I don't see a DAMN THING wrong with the image. I've used it myself when i've made flyers protesting brutal /racist cops. As far as i'm concerned, it is well justified! I KNOW what the police here are like; i was beaten/tasered in front ov the "Justice" Centre on M18 without any provocation whatso ever! As a result, i'm having to go to trial (& miss work) on the 18th this month, facing 5 bogus, completely fabricated charges! THIS is what the police are like! I'm lucky they didn't crush my ribs; i "only" had 7-8 heavily armored riot gestopo jump me in the park.

Would that flyer be more appropriate with the cop pointing the gun to us? Or what if there was a cop with no gun at all?

I'm entertained by the notion that (you) people actually think the police just select random people and decide to make their lives difficult. It's beyond laughable that (you) some people who have posted to this site discussing Kyle Nice and his retrieval of a poster from Mr. Prentices' backpack, was done on a whim. Regardless of whose side of the story you've heard, are listening to, favor, believe, or whatever, it isn't up to you (people who post to this site), the public, or the Portland Mercury to be judge and jury in this case (of Mr. Prentice) or any other case. We're all entitled to our opinions but most reasonable, self-respecting people keep their opinions to themselves. Leave the trier of facts up to the judge in the case. And folks. Get a life. Get a real job (sound familiar Colonel?). Mind your own business and stop making fools of yourselves by attempting to insite the public against the police. I would also like to point out that if you're going to say abuse, killings, or whatever hostile treatment is the flavor of the day, why not put the numbers in perspective with the population then and now, the crime rate then and now, the types of crimes, then and now, and then, once you've completed your research, come back to the table, in this case this website, and discuss numbers. But folks, keep things in perspective. Don't fabricate, embellish, lie, whathave you, in order to make things one sided. It only makes you look foolish. Mind you, I'm not saying the police are good or bad. I'm suggesting you keep things in perspective. Also, aside from cutting and pasting the PPD own guidelines....which at least you gave them credit for, site where you get your so called facts and figures. It would appear they've been made up in order to support your position against the police. One last thing, anyone in this country can sue anybody for anything. So big deal if Mr. Prentice thinks he has a case against the police. Stand in line. Don't clog up the courts because you think your civil rights have been violated when they probably haven't been. If you have to miss work because you got in trouble with the police. That's your fault!! You shouldn't have been breaking the law in the first place. And oh, posting posters or anything else anywhere without the owners permission is against the law. It's called vandalism, and you also had to trespass in order to put up the poster in the first place, all during the commission of a crime (or two or three.) Hmmm. What other laws might have been broken in order to get your point across? And one last thing. Did it ever occur to any of you that some police officers are parents? Did it occur to you that the children of police officers are proud of their father or mother not because they are a police officer but because they are that childs parent? Did it also occur to you that the children of police officers who might have/could have seen the poster of the cop with the gun to his head might be just a little frightened for his/her police parent? Does it occur to any of you fools who only cares about getting their weak voices heard by attacking other people when they don't have all the facts, that police officers have families too? No. I'm sure y'all could care less about how your actions affect others because you're too busy worrying about how other peoples actions affect other people. I'll say it again. Get a life. Get a real job. Do something more meaningful with your life than what you're doing now. And clean up your language. No need to use profanity or other offensive slang terms. It's not necessary. It only reflects poorly on the poster. Thanks for your attention. Have a nice night. If you'll excuse me, I'm taking my almost three year old son, who has one police officer parent, and his puppy for a walk.

"We're all entitled to our opinions but most reasonable, self-respecting people keep their opinions to themselves."

WRONG!

Witheld: Your diatribe is nothing more than a rant. If ypu want something to rant about - how about this:
PORTLAND POLICE SHOOTINGS AND DEATHS IN CUSTODY
1992-May, 2007
Last updated June 5, 2007
Name/age/gender/ethnicity/abilities (if known) Date Type of case People's Police Report issue # (if any)
2007
Steven R. Bolen, male, 43, European-American 5/22/07 Shooting death PPR 42*
2006
Dupree Carter, 23, male, African American 12/28/06 Shooting (no hits) PPR 41
David Earl Hughes, 52, male, European-American 11/12/06 Shooting death PPR 40
James Philip Chasse, Jr., 42, male, European-American, mentally disabled/schizophrenia 9/17/06 Death in custody (after Taser) PPR 40
Scott Vincent Suran, 44, male, European-American 8/28/06 Shooting PPR 40
Jerry Goins, 37, male, European-American 7/19/06 Shooting ("suicide") PPR 39
Timothy Grant, 46, male, European-American 3/20/06 Death in custody (after Taser) PPR 38
Dennis Lamar Young, 28, male, European-American 1/4/06 Shooting death PPR 38
2005
Raymond Dwayne Gwerder, 30, male, European-American 11/4/05 Shooting death PPR 37
Marcello Vaida,18, male, African American 10/12/05 Shooting PPR 37
Vernon Allen, 48, male, African American 5/19/05 Shooting death PPR 36
Gilbert Thomas King, 35 3/28/05 Shooting (no hits) PPR 35
Ronald Richard Riebling, Jr., 40, male, European American 3/20/05 Shooting death PPR 35
Dwayne Richard Novak, 39, male, white 3/12/05 Shooting death PPR 35
John M. Vitale, 49, male 2/26/04 Shooting PPR 35
Lee Harrison Hardman, 36, male 2/6/05 Shooting (no hits) PPR 35
2004
Willie Thomas Grigsby, 24, male, African American 12/2/04 Shooting death PPR 34
Bruce Perison Clark, 39, European-American 11/22/04 Shooting death PPR 34
James Jahar Perez, 28, African American 3/28/04 Shooting death PPR 32, 33
Jose Angel Padilla, 22, of Yakima 1/3/04 Shooting death PPR 32
2003
Shane Eric Clements, 25 12/24/03 Shooting death PPR 32
Eddie Homsombath, 19, Laotian- American 10/21/03 Shooting ("suicide") PPR 31
Kendra James, 21, female, African- American 5/5/03 Shooting death PPR 30
Steffen Wesley Redincer, male, 28, "transient" 3/2/03 Shooting PPR 29
2002
Justin Lee Sawtelle, male, 27 12/13/02 Shooting (no hits) PPR 28
Russel Stoneking, 26 10/26/02 Shooting (no hits) PPR 35*
Dustin Tyler Gomez, male, 16 10/18/02 Shooting PPR 28
Jeremy Joseph Christian, male, 20 5/12/02 Shooting PPR 28
Anthony Utah-Zona Beck, male, 29 4/14/02 Shooting death PPR 27
Byron Hammick, 26, male, African- American 2/22/02 Shooting death PPR 26, 27
Rich Lochner, male 2/21/02 Shooting (no hits) PPR 26, 27
2001
Daniel Cromb--male, white, 23 12/9/01 Shooting death PPR 26
Randolph Marion Martin, male, 41 12/8/01 Shooting PPR 26
Tyrone Waters, male, 36, African- American 9/17/01 Shooting (no hits but beanbags) PPR 25
Bruce Browne, male, African American 7/11/01 Shooting PPR 24, 25
Raymond Leonard Youngberg, Jr., male, mental "illness", 50 7/9/01 Shooting death PPR 24, 25
José Santos Victor Mejía Poot, male, Mayan- Mexican, epilepsy, 29 4/1/01 Shooting death PPR 24, 25
David Gildersleeve, male, 34 2/22/01 Shooting PPR 23
James Farmer, male, 34 2/15/01 Shooting PPR 23
Dwayne Tyrone McClinton, male, African American, 23 1/11/01 Shooting PPR 23
2000
Sean Joseph Cook--male, 26 12/28/00 Shooting PPR 23
Michael Jaquith--male, European-American, 34 12/18/00 Shooting death PPR 23
Daniel Brink--male, 20 11/6/00 Shooting PPR 22
Justyn Galegos, male, 19 10/2/00 Shooting death PPR 22
Lawrence Ramirez--male, 50 8/25/00 Shooting PPR 22
George Waldum--male, 71 8/23/00 Shooting death PPR 22
James Lamberson--male, 54 5/12/00 Shooting PPR 21
Joaquim Angel Vasquez 2/15/00 Shooting --
1999
Damon Lowery--male, 29 12/5/99 Death in custody 20, PPR 21
? Solarzano 11/5/99 Shooting --
Duane White, Jr--male 9/23/99 Shooting PPR 19
Anthony Falsetto--male 8/24/99 Shooting PPR 19
Richarn Lynn Smith--male 8/18/99 Shooting?*-unclear if officer fired gun PPR 19
? Brown 7/21/99 Shooting --
David Cassel--male, 38 7/15/99 Shooting? PPR 18
Jeffrey Samuel Chilson--male, 34 6/19/99 Shooting PPR 18
? Cramer 6/8/99 Shooting --
Raul Mora--male 6/4/99 Shooting PPR 18
Quinton Keppinger--male, 31 3/12/99 Shooting PPR 18
? Donnely 3/12/99 Shooting --
1998
Peter Gilbaugh, 44, male, white 12/31/98 Shooting death PPR 17
? McCoy 12/6/98 Shooting --
Richard "Dickie" Dow, 37, male, white, mentally disabled/paranoid schizophrenia, 10/19/98 Death after beating PPR 16
Travis Hunt, 21, male and Douglas Thiebault, 9/14/98 Off-duty shooting PPR 16
Unidentified male, "transient", had blue paint on face 8/21/98 Beanbag shooting PPR 16
Travis West, 31, male, African American 8/17/98 Beanbag shooting PPR 16
Brian Penton, 29, male, African American, "healthy"; from Tacoma 5/31/98 Death in custody PPR 15
Benjamin Allen Skinner 5/31/98 Shooting + beanbag shooting PPR 15
Danyale Gill, 22 5/23/98 Shooting PPR 17
? Thai 3/14/98 Shooting --
Aaron Rahmaan, 19, male, African American 1/27/98 Shooting death PPR 14
Stephen Douglas Dons, male, white 1/27/98 Shooting, death in custody (later) PPR 14
Leopoldo Lucio, 26 1/26/98 Shooting PPR 14
1997
? Yew 10/17/97 Shooting --
Bill Utton, male, 65 9/23/97 Shooting death PPR 13
Ronald Barton, 51 8/24/97 Shooting PPR 13,20
Robert Dean Bliss, "Car prowler" 7/12/97 Shooting PPR 12
Officer Stephen Gomez's wife--name unknown 6/1/97 Off-duty shooting PPR 12
Denning, male, on bicycle 4/29/97 Shooting PPR 12
Rodger Allen Rosling, 38 3/26/97 Shooting PPR 12
? Sample 1/10/97 Shooting --
1996
Patricia Sweany, female, "mentally challenged" 12/14/96 Shooting death PPR 14
E. Jean Emerson--female, deceased 12/13/96 Wrongful death (high speed chase) --
Edward Tramazzo, 28 11/23/96 Shooting --
Charles Michel, Jr 9/29/96 Shooting death --
Lynn Marc Kibbee, 31, male, white 6/2/96 Shooting death --
Deontae Keller, 20, male, African American 2/28/96 Shooting death PPR 9
1995
Timothy Mathers 12/6/95 Shooting --
1994
Ivan Lee Dixon, 19, African American 12/20/94 Shooting --
Charles Ray Burke, 20, male 12/12/94 Shooting death --
? (name unknown) 12/9/94 Shooting --
Gail Moody, 52, female 8/24/94 Shooting death --
Male, Bank robbery suspect, wearing cowboy hat 6/23/94 Shooting PPR 3
Todd K Calhoun, 34, male 4/11/94 Shooting --
Jason K Gillett 4/10/94 Shooting death --
1993
Duane Anthony Shaw, 20, male, European American 9/14/93 Shooting death
Gerald F. Gratton, Jr., male, African American 7/19/93 Shooting
Unnamed bank robbery suspect 6/18/93 Shooting
Lewis Patrick Clark, 41, male 6/2/93 Shooting death
1992
James B Jennings 12/14/92 Shooting
Robert Allen Peterson, 41, male 9/13/92 Shooting death
(Name unknown) 8/31/92 Shooting
Dell Aaron Youngblood, 22, male 7/14/92 Shooting death
Fred Gudmenson, 29, male 5/26/92 Shooting death
Charles Harbin, 31, male 4/19/92 Shooting
Jerome R. Remington, 27, male 4/9/92 Shooting
Kenneth A. Hendershot, 43, male 2/7/92 Shooting
Sean T. Oxley, 18, male 1/24/92 Shooting
Richard Wesley Gnewich, 50, male 1/23/92 Shooting
Nathan Thomas, 12, male, European-American 1/16/92 Shooting death
Bryan T. French, 20, male 1/16/92 Shooting death
*-scheduled publication date September, 2007

I stand corrected. In my previous post I said (sound familiar Colonel?) I meant General not Colonel.

Thanks.
Name Withheld

Witheld: Why are you afraid to reveal your identity (and what do you think that makes you)?
From what I can tell you do little more than give one more reason to raise the education bar for police officers.

Witheld: Why are you afraid to reveal your identity (and what do you think that makes you)?
From what I can tell you do little more than give one more reason to raise the education bar for police officers.

Oh Mr. Prentice... You see there is such stark irony in your plea. You ask a man why he withholds his name, and suggest that his choice to do so makes him uneducated. For a 33 year old man still in undergrad, kind of a funny thought. I did complete a degree, but that is neither here nor there. The point is that when you say something that is violent and incites hatred towards a group, that is freedom of speech. If the police, being citizens as well, wish to respond, they risk losing their livelihood. It is, after all, only a means to provide for their families. If a police officer were to stand up and say how stupid and petty you are, or how foolish and short sighted your plea is, they would risk losing their job...but aren't those feelings and statements ALSO freedom of speech in a free land? Odd to suggest that maybe the only people here without freedom of speech are the people you claim persecuted you during your 50 minute stay in a holding cell.

Your an idiot and a coward officer NICE and WELLS . I fought forest fires while serving my country for over 10 years. I also already hold a college degree from 1995. Why don't you step away from your badge and gun and see yourself for what you really are: simple minded power junkees who get away with murder.

One more thing WELLS and NICE: Heres a thought: If you could get fired from the force for doing something, shouldn't you not do it rather than hide your actions? You have very poor ethics. Especially sad because you are officers of the law.

oh give me a fricking break! is the cop an ass? for sure! no one in their right mind would deny that. but a few questions are in order...
A) when did it become ok to set out to piss someone off and not expect a chance of an ass kicking in return? this guy is the biggest fricking PUSSY on the planet...
B) what was he planning on doing with them if not using them? its like keeping a condom in your wallet if you are married... "oh, no honey, I just keep it there, I dont plan on using it"
C) for all you dim witted RETARDS who can not figure out why a cop would be upset with a picture of a GUN pointed at a COPS head, I will ask you this... if this is ok (advocating shooting at/killing cops) then why is it not ok for them to beat the guy?... arent you whiney shits the ones always crying about guns to begin with?

I think its BRAVE to show dissent. And I dont think those flyers advocate violence at all. Good job brother!