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Wednesday, October 29, 2008

Police Bureau Hits Out At Mercury Coverage

Posted by Matt Davis on Wed, Oct 29, 2008 at 5:30 PM

Honestly, you'd think they'd repay us with kinder treatment than this for helping smear the pants off would-be police commissioner, Randy Leonard. Oh, that's right. That never happened. But, leaving a certain city councilman's Nixonian paranoia aside...Portland Police Bureau spokesman Brian Schmautz really went off the deep end this week after I emailed him seeking comment on a story for this week's issue. The story in question focuses on the fact that the District Attorney's office dropped a resisting arrest charge against a Taser victim last week. It turns out to be the latest in a string of troubling Taser incidents, like the guy who got Tasered after dialling 911, and the officer accused of lying on the stand in court to cover for allegedly losing control and Tasering a suspect a second time without good reason. Not to mention the guy who got jumped walking home from the pub, and the guy who got Tasered for riding his bike without a light.

This time the Taser victim, Christopher Newby, was arrested near Angelo's bar on SE Hawthorne on July 17, after apparently being Tasered twice and bitten by a police dog. But police officers' accounts differ as to how much force was required to take him into custody, and it now appears the extent of Newby's bad behavior may have been exaggerated in two officers' arrest reports, perhaps to justify the level of force used. I managed to find one of the witnesses at the scene, who was quoted in the cops' reports, whose testimony about what happened directly contradicts what's reported in the officers' reports. Not to mention the fact that while one cop wrote that Newby was only Tasered once, the other cop says he was Tasered twice. I think there are legitimate questions raised by these inconsistencies, which is why I'm reporting on the story. You can read the whole story with an abridged quote from Schmautz online, here. I say abridged, because instead of calling up with a comment, as he usually would, Schmautz responded to my request for comment with this email:


Matt,

You consistently write stories that contain partial or incomplete information about the actions taken by officers in connection with their responsibilities. This proposed story is no exception. As you are aware, officers at the same scene are not always dealing with the same person or involved in the same series of events. After reading the reports I can understand what may have occurred.

Based on the information in the call, this event started with a altercation at a bar. By your account, one of the individuals involved admitted to having a warrant for his arrest and running from officers after becoming involved in an altercation. He has now pled guilty to charges issued in connection with some of his actions that evening. The force report written in connection with the incident notes that the subjects involved were under the influence of alcohol at the time of their arrest.

You consistently write stories from the perspective the individual who believe they have been abused by an officer. Through our contacts, I have come to learn that it is of little use to attempt to provide perspective when most of it never makes it to your readers and you steadfastly refuse to correct errors or update information in your paper if the court later determines a subject is guilty.

At the end of this email, you once again made reference to a story you wrote on October 9, 2008. Prior to publication of that story, I suggested that you provide your readers with the audio of the 911 call. I did so because I believe your readers could draw a more informed conclusion if they heard subject of the story talking to the dispatcher and understood his mind set on the evening of the call.

I've made a public records request for the call. It'll be posted here when it comes back to me. Continues...

In the current proposed story you seem to fixate on pieces of information in the hope others will draw your predetermined conclusion. As is typical in our contacts, you ask me for a short statement which may or may not appear in context to your story. May I suggest that you just post the police reports? Those who wish to take the time to make an informed decision can do so. Regardless or whether your readers agree or disagree with my perspective or your perspective, they will be able to read the reports and draw their own conclusion.

I'm feeling a bit like the "mainstream media" at a Sarah Palin rally here, but no matter. In the spirit of cooperation, the public interest, and open discourse, I'd like to rise to the challenge and post the police reports as Schmautz is suggesting. After the jump...

Here are scans of an arrest report by Officer Neal Glaske, who claims the Angelo's barmaid, Lora Lee Kyte, told him Newby had been "trying to get other patrons to fight him." Kyte now denies that to be true, and is quoted in my story.

newbyreports1.jpg

newbyreports2.jpg

Here's a four-page use of force report by Officer Ty Engstrom, who admits Tasering Newby twice.

newbyreports3.jpg

newbyreports4.jpg

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Here's a printout from Engstrom's Taser, showing two deployments of the weapon within 13 seconds.

newbyreports7.jpg

And lastly, a report by Sergeant Phil Blanchard, who makes no mention of the second Tasering, saying Newby was compliant after the first Taser deployment, and after being bitten by a police dog. Blanchard also says Newby had been figting in the bar, even though he hadn't witnessed it, and even though people who were there now deny it to be true.

newbyreports8.jpg

newbyreports9.jpg

Schmautz seems to be implying that it's unfair of me to ask the questions about excessive force unless the alleged victim has a spotless record. But that's not how force gets used. And it's not, in my opinion, where people's rights are abused, either. Granted, the odd 71-year-old lady may get Tasered and have her glass eye fall out (this actually happened in October 2003...her name was Eunice Crowder, she got a $145,000 settlement from the city) but for the most part, the Taser in Portland seems to be being used as a compliance weapon by police against suspects they feel won't grumble, after the fact. Newby may have been intoxicated on the night in question, he may even have fled the cops because he had a warrant. But did he deserve two Taser deployments and a bite from a police dog, not to mention a roughing-up at the hands of some eager citizen bystanders? I don't think so.

Still, as Schmautz suggests, I'll let you draw your own conclusions. As I type, the city's Independent Police Review is still looking for people who can do citizen outreach on these issues...I happen to think a lively public discussion of the facts, stimulated by the media, should be part of that community engagement. But sincerely: Thanks for the email, Brian. I'm flattered you think my reporting is worth such an expansive response.

 

Comments (18) RSS

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1
If I had a nickel for every time I got a dirty look from a cop whilst driving the Mercury van... I'd have no nickels. I always expect it, but never get it.

Posted by Williams, Jay on October 29, 2008 at 6:46 PM · Report
2
So let me see if I understand this: a guy who already had a warrant for his arrest, who fled from the police and needed regular citizens to tackle him and hold him down...who then used enough force that the police had to use dog bites and tasers to get him under control....is a VICTIM? Oh and of course all this unnecessary force apparently happened right in front of a bunch of citizens who were there watching. Oh, yeah, and dont forget this is the same guy who, himself, pled rather than go to trial. Using the word victim for this guy is truly offensive to crime victims. Being politically correct in your language choice doesn't end with race and gender. Crime victims are some of our communities hardest hit people; its offensive to refer to this guy as one of them.
Posted by idrinktheline on October 29, 2008 at 7:31 PM · Report
3
I'm still waiting for an explanation of how "gun shows" and "firearms expos" differ, Lord Chico. Any day now...

[sorry for the thread rot]
Posted by A cat on October 29, 2008 at 7:32 PM · Report
4
It's easy to see how Schmautz would get frustrated working with you. Weren't you moving or something?
Posted by one more time around on October 29, 2008 at 8:48 PM · Report
5
The problem here is indeed a matter of perspective. From the ppb's perspective, it is well within reason to use a taser and a dog and physical violence to subdue a suspect.

From the victim's perspective, he did not want anything to do with the cops and was going to keep on going until he was tackled, bitten and tasered.
Posted by citizen on October 29, 2008 at 9:21 PM · Report
6
It would seem that, along with sensitivity training, use of force training, and general anti-racist education, Portland Police could stand to take a grammar course.
Posted by Ansel on October 30, 2008 at 2:35 AM · Report
7
Matt... I admire your reportage, and I adore the Mercury. As a former photojournalist, I also understand the day-to-day challenges faced by cops. I have seen first-hand the tightening of the ranks by law enforcement when under public scrutiny, and I fail to see how it helps them in the long run to shelter cops who step over the line. That said, I think the PPB's willingness to be transparent is unusual for a police department, and you should take them at their word that they want to provide the information for us to make up our own minds. Print their arrest reports, (I love to read them), interview witnesses and victims, (I want to hear from them), and let the chips fall where they fall. If the PPB is doing good work, the Mercury will be the only media in town displaying it fully. If they are lacking, it will be in the public eye. I say you should give them what they want and see if they want what they get.
Posted by Kentonite on October 30, 2008 at 8:45 AM · Report
8
No more comments from Blackmer... Be careful or soon Schmautz could take the same position. It would suck to get a "no comment" every time you called him...
Posted by jus-sayin... on October 30, 2008 at 9:45 AM · Report
9
Thanks again, Matt, for bringing these things to the publics' attention.
These NUMOROUS incidents just go to show what a LYING SACK OF COWARDS the police in this city(PPB) are! They already had Mr. Newby for trying to run away (though he aparently hadn't commited any crime at the time). So for these [cops] to beat & electrocute non-violent/non-confrontational citizens without cause, theeen to LIE about it in their reports (which they then make it awfully hard for citizens to obtain... i should damn well know) is down-right loathsome, to say the least!


Btw,
If anyone out there needs individuals who'd be willing to enter into a class-action suit AGAINST PPB/city of Portland, I'M IN!

nekrotical@yahoo.com
Posted by DamosA on October 30, 2008 at 10:24 AM · Report
10
Kentonite: I just discussed your idea with Steve, our editor, and he's all for it. In future, we'll post all the police reports we can get our hands on in cases like these.
Posted by Matt Davis on October 30, 2008 at 10:37 AM · Report
11
What's the big surprise here? Matt's an anti-authoritarian beat reporter. Merc readers know this, expect it and probably appreciate him for it. He and Schmautz are advocates for competing causes. Matt shouldn't expect to get much forthrightness from Schmautz. Schmautz shouldn't expect objectivity from Matt. Duh. Move on, guys. Stop pretending to meet each other halfway.
Posted by newswatcher on October 30, 2008 at 10:54 AM · Report
12
"beat & electrocute non-violent/non-confrontational citizens without cause"

BS. The confrontational drunk/wanted suspects ask for it in the majority of cases. Cops have to follow procedure and document down to the millisecond.
All anyone else has to do is whine and blame cops.

As for the anti-taser fans, would you rather them shoot bullets?
Posted by D on October 30, 2008 at 11:23 AM · Report
13
"As for the anti-taser fans, would you rather them shoot bullets?"

I'd rather they not reach for the Taser when talking to someone would suffice.
Posted by Amy J. Ruiz on October 30, 2008 at 1:31 PM · Report
14
"Cops have to follow procedure and document down to the millisecond."
BS!
Cops NEVER follow their own procedures/proticals. And they fabricate (e.i. out-right lie) documents as a way of standard practice. This is pretty common knowlege, how cops behave. And only a cop [or an idiot] would argue otherwise.
Posted by DamosA on October 31, 2008 at 10:32 AM · Report
15
I was at Angelo's that night. I saw all of this go down and it's true the police reports not exactly being accurate. I don't know if 2 tases and the dog was too much but Newby was still struggling and they warned him they were going to keep tasing him if he didn't stop.
Posted by BlackedOut on October 31, 2008 at 5:39 PM · Report
16
I think the REAL question here is: did Mr. Newby actually commit a crime that night, or was his friend just being a drunken jack-ass? Was Mr. Newby actually struggling with the police? If so, then WHY WHY WHY did the D.A. see fit to drop the resisting charge?
Posted by DamosA on November 1, 2008 at 2:06 PM · Report
17
Newby was struggling with the police. As I said I was there and saw this happen from start to finish.

Mr. Newby didn't really do anything other than be a drunk dick, which isn't a crime, but public intoxication is. Also, rule number one is: when a cop says stop I want to talk to you the first thing you shouldn't do is RUN AWAY FROM THE COP. It instantly arouses suspicion the the cop that you did something wrong and don't want to get caught. Then once the cop catches you don't swing at him with your fist. This makes cops angry and if you don't stop swinging at you they shoot Tasers at you.
Posted by BlackedOut on November 1, 2008 at 4:58 PM · Report
18
The way the cops in this city behave is like this: if you STOP, approach the police, co-operate, be calm, etc. whether you commited a crime or not, their re-action will be to BEAT/TASER you. This is the way the police are; this is an unreputable fact!

Mr. Newby did the best thing he could for himself that night, considering his options... he just happen to not have made it.
Now, it was unfortunate that Mr. Newby did have that out-standing fine, that's his fault. But without knowing any of that [at the time], the cowardly police would've simply beat & tasered him regardless.

The cops here in Portland are wild animals. You can [try] & run away, you can try & engage them (civily). Either way though, it won't do you any damned good.
Posted by DamosA on November 3, 2008 at 1:50 PM · Report

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