In California’s Rancho Corral de Tierra (part of the Golden Gate National Recreation Area), a National Park Service Ranger reportedly shot Gary Hesterberg in the back with a taser after he walked away during a confrontation over walking his two lapdogs off leash. He was then arrested on suspicion of failing to obey a lawful order, having dogs off-leash and knowingly providing false information. The park service spokesperson reportedly said it is all part of teaching citizens about the new leash law in the area . . . or teaching Hesterberg to heel.
Witnesses objected that the force was excessive and said that the ranger refused to respond when confronted over the necessity or reason for the arrest.
The ranger says that Hesterberg gave a false name and then began to walk away from the ranger. Howard Levitt, a spokesman for the park service, added that he did not have identification on him. Levitt explained that the ranger “pursued him a little bit and she did deploy her [electric-shock weapon] . . . That did stop him.”
It is common for people to walk their dogs off leash in the area, but when the area was made part of the national park system in December, a new leash rule was imposed.
The article below says that Levitt explained that “the ranger was trying to educate residents of the rule.” Wow, if true, that is quite a lesson plan. Stop, explain, tase, and repeat.
The account of these witnesses not only raises serious questions of excessive force but also excessive charges that followed the alleged abuse. We have seen other cases of alleged abuse where citizens have been hit with an array of charges. This creates significant pressure for the accused to plead or remain silent. I do not see why a taser would be needed on such a minor offense.
Source: SF Gate
The issue isn’t confrontational. If she can’t handle confrontation, she needs to be working someplace else, preferably where she has no interaction with the public. The issue is imminent danger to the officer or others; the only standard to apply when using force. The guy wasn’t an imminent threat. He had his citation. He was walking away because Park Ranger Sparky wouldn’t explain to him why she was trying to detain him. Walking away is the antithesis of being a threat. She failed three times. Once by escalating the matter beyond the citation to prove how big her dick was, twice by failing to answer about the nature of the attempted detention (as witnesses stated), and thrice by using her weapon on an unarmed civilian.
http://www.nps.gov/policy/dorders/dorder9.html
Commissioned employees may use a wide variety of defensive equipment and force options in response to various threats and other enforcement situations. The primary consideration is the timely and effective application of the appropriate level of force required to establish and maintain lawful control. The only justifications for the use of force are:
To defend self
To defend others
To effect an arrest
To restrain or control violent, threatening, or resistive behavior, or to disperse an unlawful group
Commissioned employees may use deadly force only when necessary; i.e. when the ranger, special agent or USPP officer has an objectively reasonable belief, in light of the facts and circumstances confronting the ranger, agent or officer, that the subject of such force poses an imminent danger of death or serious physical injury to the ranger, agent or officer, or to another person. If force other than deadly force reasonably appears to be sufficient to accomplish an arrest or otherwise accomplish the law enforcement purpose, that is the preferred level of force. In no instance shall deadly force be utilized unless such use is objectively reasonable under the circumstances. “Deadly force” is the use of any force that is likely to cause death or serious physical injury. Deadly force does not include force that is not likely to cause death or serious physical injury, but unexpectedly results in such death or injury.
Shelly,
Where did you get your version of the incident?
I’m re-posting an excerpt from the article that Professor Turley used as the source for his post. It includes a link to the entire article:
*****
Witnesses said the use of a stun gun and the arrest seemed excessive for someone walking two small dogs off leash.
“It was really scary,” said Michelle Babcock, who said she had seen the incident as she and her husband were walking their two border collies. “I just felt so bad for him.”
Babcock said Hesterberg had repeatedly asked the ranger why he was being detained. She didn’t answer him, Babcock said.
“He just tried to walk away. She never gave him a reason,” Babcock said.
The ranger shot Hesterberg in the back with her shock weapon as he walked off, Babcock said.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/01/30/MN921N0LQT.DTL
Also, if this man who as most of you have described him was as sweet as a kitten to this Ranger, WHY DID HE CONTINUE TO WALK AWAY??? I am sorry, but if I was confronted by any type of law enforcement that told me they were going to tase me if I didn’t comply with thier orders I would very definitely follow their commands until the situation was resolved.
If you would just read the story without previously having made up your minds that this Ranger was out of line you would notice that he seems to be very confrontational himself, otherwise this situation would have probably been very quickly resolved.
All of you are accusing this officer of tasing this jerk for simply “walking away”. Funny how you seem to immediately side with the citizen even when stating you don’t have all the facts.
Here are some facts for you:
The Ranger was notifing the man that unleashed dogs are no longer allowed.
He told her to f-off.
She stopped him and attempted to get his information: name and birthday.
He gave false information, therefore they could not confirm his identify when she called it in (standard proceedure when contact has been made with law enforcement to ensure you aren’t wanted)
He again tried to leave the scene.
HE WAS NOT TASED FOR WALKING HIS DOGS OFF A LEASH. He was tased because he provided false information, did not obey a lawful order and attempted to leave the scene.
This Ranger did nothing wrong.
Bruce Wilson,
The only way it could be better is if it were set to music.
Farmer in the dell?
Rep Jackie Speier does let one email her.
«My wife found this posted on another site. I expect the response to be predictable. For those who appreciate gallows humor, enjoy»
kenan01
46 Fans
4 hours ago ( 5:11 PM)
“I say taze ’em all!” _ Barack Obama
Taze ’em on an airplane, Taze ’em on a bus, Taze ’em at the grocery store, Taze ’em while they flush.
Taze ’em if they’re rich, Taze ’em if they’re poor, Taze ’em if they’re homeless, Taze the rich once more.
TazTaze ’em if they’re paying on their student loans, Taze ’em if they’re talkin’ on their new iPhones.
Taze ’em in park while they’re walking dogs, Taze ’em like they’re animals , make ’em squeel like hogs.
Taze ’em in their front yard sitting on the grass, Taze ’em if they’re driving, who cares if they crash?
Lots of assumptions going on here. No one says that the man mouthed off at the officer. He asked a question as to why he was being stopped repeatedly. She refused to answer. He was walking away from the situation. Boy! if walking away from some out of control person who can’t articulate anything is a confrontation.. She is supposed to be teaching people a new rule and she does it without saying a word. What did she expect? Mind reading? Hating a hater does not make you a hater. That is pop psychology. Feeling powerless and getting angry at a nitwit who is abusing authority is a natural human reaction. So if she was toilet training a baby and it peed in its diaper, would she pull out a knife and cut off its private part. No words eh? Being a park ranger means you have to deal with the public like driving a bus. Maybe people choose to be park rangers because they want to get as far away from people as possible. If she was a man maybe she wouldn’t have felt the Napoleonic need to strut her stuff. Why do you assume he showed her no respect for her being a female? Maybe it was because she was acting stupidly and inarticulately and she dissed him by not responding to his legitimate question and maybe if some little wuss of a man who had a similar chip on his shoulder, maybe he would have walked away from him too. I have seen security officers(not police) and I have seen people in patrol cars in private gated communities who are want-to-be-cops who did not make the grade, and they can be little and pompous in their uniform. This took place in the San Francisco Bay Area, the place where people stand there holding candles with tears rolling down their faces when a convicted double murderer and cop killer gets the death sentence, after a trial and jury and appeals. The man who was tased could have died. He was walking his 2 lapdogs in a park. He was not a danger to the public. If you can’t see that this was an over reaction by her and rather than instilling respect for the law it instills profound disrespect by people to the law, then IMHO there is something wrong with you. When people act obnoxious at public meetings when there are 500 people waiting to hear a person speak, and the person is dissing the entire audience and the speaker and the police who are present, and is trying to create an episode and be disruptive and trying to grab the cameras and is asked to leave and refuses, then I do support tasing because nothing else will work. People can make their point and then leave. The students at UC Berkeley who sat down in a group of Occupy UC Berkeley and locked arms and refused to take directions from the police to move on, and were scaring the president of the university, Ok so a boy got tased and went crying to the press and to Facebook, and on cue every Leftist was shocked! in California.
This woman took the time of the sheriff’s dept and took time from the paramedics and will take time from a judge and citizens who are called to jury duty and that is for the criminal case and then there will be a civil case and another judge and another jury. Think of the amount of resources her little snit fit about whether she was treated with respect or not in the manner in which she would like to be treated will cost the state of California. Then when they arrested the man they probably turned the dogs over to Animal Control so they took up Animal Control officers time and cages. Then there is the cost of the lawyers, the prosecutor paid for by the government i.e. our tax dollars and the money he will have to pay out of pocket for a defense attorney and then for a plaintiff’s attorney and then the defending attorney on our tax dime when they get sued. Don’t we have better things to do and better things to spend time and money on? Have you ever heard the expression “Don’t make a federal case out of something silly?
And what is the horrible job she had where she is getting paid a salary and benefits and health care and a pension? First of all she has a job. She gets to spend a whole bunch of time in a park in California. Boy that is so much worse than sitting in a cubicles for life- not, or sitting in a park in winter in North Dakota-not. If she was that upset, she could have taken a walk. She was in the perfect location.
Ok he should have given his real name. They didn’t say what name he gave her.
What are people supposed to do when they go to that park? Bow down and kiss her shoes as she controls her fiefdom?
Yes it makes me want to stay at home. But the government has allowed PGE to put in Smart Meters so they can keep tabs on all of us in our own homes, and punish us with higher fees if we do our washing and drying during the daytime when we are awake instead of in the middle of the night, and they have the capability of turning off an appliance of their choice at their whim.They are approving using little drones from Iraq in our neighborhoods, little spy planes to zoom around and take pictures of what we are doing. The government is growing and no one is limiting their power. Can I expect a knock on the door and being tased because I did my drying at the wrong hour? There was an ad for an Audi at 2010’s super bowl about the Enviro police who burst into a home and arrest the owner because he didn’t recycle. I think we are heading in that direction.
I’m a female and I would like to know as a pertinent fact of the case whether she was having her monthly visitor.
I worry about the people who have posted here who refer to themselves as carrying a gun with authority in this society who do not understand what is wrong with this story.
Power corrupts. Absolute power corrupts absolutely. Limit the growth of government. Limit the little bureaucrats in your face. Limit more and more people getting power who are not elected and therefore non-responsive, like Obama’s czars. Stop the spending that is causing the need for little bureaucrats to think up ways to raise money and thinking up things they can charge you for, like they tried to do in Monterey, CA where the federal bureaucrats tried to charge a fee for “surfing”. Surfing! This is an infuriating story. I think the photo of Gary Hesterberg on Facebook with his little 10 lb dog is the perp, can’t be sure.
I hear Rep. Jackie Speier is looking into it. I will write her a thank you note if her website allows it.
Other news reports quoted another witness saying he was arguing with the officer. He then turned away and said “what are you going to do, arrest me?”
Yahoo news had this account. Also check huffington post. There are at least two witness accounts, and they both contradict each other. I would prefer a suspension of judgement before all the facts are laid out.
“Whoever relies on the Tao in governing men doesn’t try to force issues or defeat enemies by force of arms. For every force there is a counterforce. Violence, even well intentioned, always rebounds upon itself.”
And that is the lesson you have apparently not learned when you defend the person who crossed the line into violence – the Park Ranger. Words, even disrespectful words, are not the equivalent of physical violence. You are defending the force of arms when you excuse the Park Ranger’s actions.
In the words of Morpheus, “Neo, sooner or later you’re going to realize just as I did that there’s a difference between knowing the path and walking the path.”
If you’re going to have the reactions of a cartoon character, Neo is a far better role model than Eric Cartman.
Weapons are the tools of violence; all decent men detest them.
Weapons are the tools of fear;
A decent man will avoid them
except in the direst necessity
and, if compelled, will use them
only with the utmost restraint.
Peace is his highest value.
If the peace has been shattered,
how can he be content?
His enemies are not demons,
but humans beings like himself.
He doesn’t wish them personal harm.
Nor does he rejoice in victory
How could he rejoice in victory
And delight in the slaughter of men?
He enters a battle gravely, with sorrow and with great compassion, as if he were attending a funeral.
Wow, Brucie! Yer a sidewalk psychologist, too. You’ve been so busy tapping away at your little keyboard surely it must be time to come upstairs and have some oatmeal “just the way you like it”?
Whoever relies on the Tao in governing men doesn’t try to force issues or defeat enemies by force of arms. For every force there is a counterforce.
Violence, even well intentioned, always rebounds upon itself.
I didn’t call you a fascist, Eric.
However, the person who did seems to have gotten quite a rile out of you.
Knee jerk much?
A person’s reactions tell you as much about them as their actions.
Also, you seem to be under the impression I’m Gary Hesterberg. Like most of your impressions, that too would be incorrect. Here’s a clue.
Fantasies of violence.
Like the fantasy of violence that it is okay to taser a citizen for a code violation because a Park Ranger didn’t feel like she was being respected.
Gary,
Trying to live in an authoritarian world is not the same as liking it. Believing one should submit to authority is not the same as being a fascist, just being smart. People on the right have all these fantasies that they are going to hold off the US army or even their local SWAT team with their motly collection of weapons is not just a fanatasy, but suicidal. You Native Americans, your African Americans learned this lesson well. You don’t fight police abuse by lipping off to an officer and calling them pigs. That’s just dumb.
Besides Gary, I doubt the Ranger had much time to fantasize about tasing you. She was too busy giving you the smack down. That’s just reality. If you feel you are wronged, talk to the press when they knock on your door. Talk to a lawyer. File a civil suit.
Oh yea, and the people who don’t like the new rules, do something constructive instead of whine and insulting people. Grow up. Call the NPS and talk to them. Investigate. Find out why they have this rule. If you still think its wrong, try to get it changed. This is what normal, rational, healthy, mature people do. It reflects great immaturity to start arguing with the guy who is enforcing the rule. Its not the time nor the place.
Being tased was probably not just painful, but for a big strapping male studying MA, humiliating as well. Have you examined your feelings in this manner?
Oh, and for all these people talking about the cop being “disrepected”. Has it occurred to you all that Gary felt he was being “disrespected” and so he felt justified in lying to an LEO? That he was going to teach this fascist a lesson? Can’t you see in some ways, gary mirrors the Ranger? Gary, angry and defiant for being disrespected, gets tased by LEO who is angry and defiant for being disrespected?
Now, take this narrative, play with it, make some changes, and maybe find out where your own biases might be, how you truly feel about the nature of force and authority.
The reality is, we are not heading to a police state, its already here. The America I knew died at 9/11 and with the passage of the Patriot Act.
Be aware that the government compiles a Watch List. Its a secret how a name gets put on it. The government also datamines the internet. With the passage of the NDAA and other bills, americans can be determined to be enemies of the state, arrested and shipped to Gitmo. That’s not fantasy. That’s fact. That’s a whole lot scarier than a Ranger tasing some blowhard because he couldn’t be bothered to put his dogs on a leash. What was so hard about giving her your dl, and just paying the damn fine?
The next Ranger with a chip on their shoulder might just tase your dogs out of spite. But you sure can feel smug because you told off the Ranger and didn’t have to submit to their authority. Next time, for your dogs sake, don’t play power games with the LEO and taunt them, daring them to arrest you. This is childish, male adolecent behavior. Grow up, and be a responsible pet owner.
Not likely, Agent Brucie, you fascist ‘tard. Only a fool or a psychopath meets overwhelming force head on.
“Gee, Officer Beyotch, nice takedown of that perp. Hey, is that blood on your Nikes?” {THWOK SMACK CRACK}”
Nice example of the Orwellian doublespeak, too. I mean . . . REALLY. Who’s the “petty tyrant”? The fascist bitch with the inferiority complex and the Taser or the fed up citizen ready to take her out and quietly move on.
Revolutionary War bring back any memories? Maybe you were too busy popping zits in the locker room back in high school?
Oh, and look me up. I’m at 1060 W. Addison Ave, Chicago, IL. Batter up, Sport!
Slovick,
Its called a dose of your own medicine. Sometimes you hold up a mirror and you won’t recognize your reflection. If you try to beat up an officer, you stand to get shot. That’s just fact. Getting tasered is much preferable to getting shot. Hating someone for hating makes you a hater. But if I hate you for hating, that makes me full of hate. See where this is going? Men who fantasize about beating up female authority figures, calling them “bitch” usually have unresolved mommy issues.
The use of force doesn’t make someone a fascist. Acknowledging the reality of authority doesn’t make one a fascist.
I suggest you read up on actual fascist like benito mussolini and adolf hitler and his ilk. While you are at it, stalin was even better at it, but technically he was a communist, the beliefs were similiar.
Fantasies of violence usually indicate several things. Usually feelings of inferiority, helplessness, inner rage. Someone like you rationizes their anger by directing to bullies, defending the innocent, etc. Stop accusing other people of being fascists and start looking at your own tendencies to being a fascist.
Now, now, Eric.
You don’t get to call people petty tyrants and suggest they need to be tased and locked up when you are supporting tasing someone over a code violation which is also the act of a petty tyrant.
Well, actually you can do that, but you’re just going to get laughed at again for being an authoritarian who can only respond to challenges with violence.
E. Slovik,
Have fun at Gitmo without us.
The chapeau does get a bit hottish at times. 😉 Meeeeooowwwwww!
I just get soooooooooo bent over stories like this and see myself going full-tilt, frontal freakazoid someday. I have a good life and too much to lose — as the saying goes — but I have to wonder, when the day ever comes, if I’ll make like Ralphie on the bully in “The Christmas Story” should I happen to walk by a “bad cop” incident-in-progress. God, I hate bullies. Badge or no badge.
See y’all in Gitmo.
E. Slovik,
Is the hat too tight? That can make one a bit high-strung.
(P.S. I’ve been told by my feline overlords to relay their approval of your Gravatar. The dog says she digs it too, but don’t trust her. She just wants to eat the hat.)
As Dog is my witness I would’ve jumped that park ranger bitch and beaten her to into a drooling, incontinent lump of flesh if I had witnessed that event.
I am just so sick of pigs and their so-called non-lethal Tasers being deployed for every cockamamie reason under the sun.
These freaking Tasers KILL people — despite the opinions of paid-off pathologists. And often. The sentence for the cavalier use of one should be the immediate conversion from animal to vegetable upon the perpetrator. Sentence to be carried out summarily by The People. God damn that bitch!
Oh well . . . I must be feeling a bit high-strung today.
She would have shot you dead, you sexist misogynist. I get so tired of loud mouth petty tyrants like you threatening to beat up the b*tch. Please post your address so someone can tase you and lock you in a cage. You’re a menace to society.
Our land was given away to the United Nations and they call it National Parks, HA
This is what you should expect from now on and in the future, when they kill you dead for the same offence. Pick a flower, die; walk dog off leash, die and your dog too; catch an animal to eat cause you’re starving, die.
Can you see how it will end when you meekly kow tow and hand over your gun? Yes, master, I will bend over and let you do to me what you will, because I am nothing; I am a worthless slave, I don’t deserve to have a dog or a life. Get it? Do you see the writing on the wall? They are not going back to the old days, they are introducing you to the ‘new’ way, the only way, the get in your face and beat you to death way. You better learn how to behave like good worthless slaves or you’ll be next.
This is an infuriating story. The man was an older man I believe, and the dogs were lapdogs. She could have killed him. Yes it was overreaction on her part. According to the witnesses she never gave a reason for her stopping him even though he repeatedly asked. Then paramedics had to be called.
I believe she should be fired. I doubt that she will. I personally will avoid that park. There is a dangerous park ranger running around. Who knows what she’ll do next- run someone over with a jeep? You realize that if she was a dog or a cat and could not control her actions like this park ranger couldn’t control herself that there is a good chance people would be discussing putting the animal down. But here she is getting paid as a public servant by this man’s taxes. She abused her position.
She has no common sense. She has no sense of proportion. I would not trust her to babysit nor petsit. SFGate did not give her name. The sheriff is protecting her by overcharging the man with crimes. It is typical when they have acted really really dumb as here. I do hope the judge asks for a demonstration of the taser at court at trial and not as other people have mentioned at this website to her mother nor grandmother, but to her. That won’t happen either. She is out of control.
“Witnesses objected that the force was excessive and said that the ranger refused to respond when confronted over the necessity or reason for the arrest.”
This is the real reason for the 2nd amendment. So that government officials cannot simply use the force of arms to make themselves above the law. When a uniformed officer is breaking the law, how does a citizen arrest them?
You call the police and report the crime. You can also request to make a citizens arrest. Police carry forms with them for this. This is the exact same procedure followed by security officers. Be prepared though, to state what the law the officer is breaking. Also be aware the citizen can be just as liable for false arrest/false report as the police are.