In Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of Albert Flowers, then punching him after Flowers falls to the ground. The video also shows another officer running over and tasing Flowers in the face. The beating left Flowers in the hospital for a month. Yet, the police department only issued a written reprimand for one of the officers turning off the dash camera and audio equipment. A written reprimand. That’s it.
His nephew, Garrick Flowers, was heard screaming “He’s 66 years old, he had triple bypass, I think he’s killing him.”
While the officer received a written reprimand (the video was still able to be extracted from the hard drive but the audio was lost), Flowers was charged with battery on a law enforcement officer.
The officer who tased the man in the face received no punishment.
What is interesting is that, after reviewing the record that Middendorf tried to avoid, the prosecutors reduced the felony charge to a misdemeanor of resisting an officer without violence. However, if Flowers did not use violence to resist arrest, how were the officers justified in beating him so severely that he was in the hospital for a month?
The light punishment in the case sends a clear message to officers that turning off camera equipment will receive only administrative punishment at the most. We have seen officers previously taken such action in cases involving alleged abuse (here and here and here). Such misconduct in attempting to destroy or prevent video or audio evidence should have an automatic and severe punishment for officers.
In the meantime, the charges against Flowers should be dropped and his family needs to file a lawsuit. In the absence of action from the police department, a tort lawsuit might allow for full discovery and accountability in the case.
Such cases only reinforce the importance of the public being able to film police in public despite arrests and threats over such filming from some officers.
Despicable. There are some cops who ought to be put in jail, and half out there shouldn’t even be in the job! These dashcams should be inaccessible by police themselves and should only be accessed by supervisors upon completion of a shift that way, evidence as such cannot be tampered with.
A motivating discussion is worth comment. I
do believe thast you need to write more on this issue, it might
not bee a taboo subject but generally peope don’t speak about these topics.
To the next! Cheers!!
This is unbelievable. We are SO close to a police state it is frightening. Think of all the people in prison for decades on false testimony of police officers, witnesses that were intimidated BY police to tell their story a certain way, K9 officers with untrained drug dogs that just teach the dog to put their feet up on the door and THAT is reason to search a car, cops so cowardly they shoot family dogs out of ‘fear for their lives’, and now a cop I see riding her horse while on paid leave for ‘injury’.
I was recently arrested for disturbing the peace, the police beat the hell out of me at my own home in my driveway I suffered broken ribs, a broken nose,and a lot of road rash.The police contend their cameras were off wen they came to my home and were turned on wen they got there but were warming up there for no video, to go along with that their on body mics were off. Does anybody no how long it takes for a dash camera to warm up I have to go to court on 3-19-12. Does anybody no the answer.I could use your help. Thank You.
A snapshot of our times
By George F. Will, Published: January 18
http://www.washingtonpost.com/opinions/police-overreach-in-the-name-of-fighting-terrorism/2012/01/17/gIQADluG9P_story.html
This is one of the reason because this country is loosing power and credibility. How could be possible that a police officer abused of his power with a 66 years old man with no violence. What kind of humanity this officer is representing in our safety?????? How could be possible that a person like this hit another human being with no violence at all, and then another idiot comes and enjoy the violence. Is this the “people”in what we need to trust??????? shame in the police department. And regarding this officer, the need to be suspended and retired of his position.
A weapon that can kill is a deadly weapon. The use of a deadly weapon by one human being upon another is not only an assault but assault with a deadly weapon. A baton can kill,. A taser can kill.
There was a guy in New Orleans who rigged up a taser to a door at a cathouse. This cop had kept coming by to get some free access. So when the guy came to the door and started to knock the taser went off and got him. Shooter got arrested but charges were dropped because the woman inside had some free access things to say about cop guy. Cop guy almost died. He was an ofd fart with a heart condition. This is in the Times Picayune (sp) newspaper from about 2005. Tasers are deadly weapons.
My computer privileges might get revoked and I might be off blog. Nice knowing you folks.
–ConLawCon
The ” LAW ” represented ” ” TOUGH GUY ” IS NOT ONLY DISGUSTING, HE IS A CRIMINAL ! There is no excuse for his act. This kind of criminal arrogance is why John Q. Public has lost respect for law ” enforcement “. He should be procuted for criminal assult. Sent to prison for at least five yrs. This is one more log on the fire, that is burning in the public mind about ” law enforcement “.
they attitude they convey is that they can get away with anything they want to do.
The number of those that are abusive rapidly increases, while the number of good police rapidly decreases.
If you see a juiced-up skinhead wearing a badge coming toward you . . . RUN AWAY. Your life depends upon it. At least stay out of taser range. And stay in public view. If you end up in a dark, out of-the-way place — you’re toast.
We’ve got Kevlar-coated psychopathic mall ninjas running law enforcement in this country. They are cocky and arrogant because they know that they’ve got a get-out-of-jail-free card in their hip pocket.
The ultimate irony is that some mouthbreathers call these thugs “heroes”.
If this country goes belly-up (possible, if not likely) cops are going to be on the $hit end of the stick when public anger truly manifests.
Anyone who thinks this country hasn’t descended into nascent fascism is living in LA-LA land.
What pete said
That of course makes sense not to give control of the camera to the attending officers.
why tase someone in the face? that’s just mean.
why is there an on/off switch on a dashcam? if they can’t be trusted not to try to alter what’s recorded, have a supervisor with a key turn on the cam at the beginning of the shift, and off at the end.
I watched the video again. I liked the lawyers comments on the video. Get a jury trial on the charge against the brain dead guy and then go after the cop and his municipality. You dont need some pattern and practice evidence here because they charged the demented guy with a crime and by that action they are dead on muni liability.
Shano: another good comment. Film the police everywhere. I am not allowed a cell phone or camera in the joint but boy would one do some wonders in here. The prosecutor is part of the 42 U.S.C. Section 1985 conspiracy. He would be exempt from damages in a damage suit under the holding of Littleton v. O’Shea and Littleton v. Wally Spomer, __ U.S. ___ (1974 or thereabouts). But, he could be a named co-conspirator, and he/she is one. Why? Because, in furtherance of the conspiracy he prosecuted the victim here. He should have disqualified himherself.
A great lawsuit could be forged here. Put the case in the state capitol and get a jury away from the schmuckos home town. The prosecutor has already poisoned the jury pool because he has already mined the jury pool. They are all registered voters and in federal court one gets a wider swath than just the county where the prosecutor prosecutes but also houses the federal courthouse there. Know this: the slightest contusion to a dementia patient can do monumental damage. Any medical brain expert will attest. Unless it is some schmuck hired by the state here. Wonderful damage case here. You can get to the city or municipality which hired the cop but not for punitives. See 42 U.S.C. Section 1983 and annotations and section 1985(3) and annotations.
Kudos to the police department for “recovering” the video (whatever that entails) and making it public.