There is a disturbing case out of New Mexico where police fired into a van full of children after the mother tried to drive away from officers. As shown on the video below, an officer stopped Oriana Ferrell on a routine traffic stop only to see her drive away. What followed was a chase, smashing windows of the van, and the shocking decision of an officer to fire into a vehicle with kids in the backseat.
First and foremost, it should be noted that Ferrell had violated a host of laws. She fled the scene, engaged in a high-speed chase, resisted arrest, and police say that they found two marijuana pipes in the car. However, it is the discharge of the weapon that shocked many of us.
Ferrell was originally pulled over for going 71 miles per hour in a 55 miles per hour zone. She argues with the officer who goes back to his car only to see Ferrell drive away. At this point, he is aware that there are five children in the car aged 6 to 18.
He then pulls her over again and yells at her to get out of the van. When she refuses, he tries to force her out. When her teenage son gets out to confront him, the officer pulls his taser and the teen goes back into the car.
He tells her that she will be charged and to get out as she argues with him. She inexplicably insists that she did nothing wrong and “didn’t run away.” She gets out of the car and the officer tells her to face the van to be cuffed. After she locks herself back into the van, the officer takes his baton and starts to break windows even though he knows that children are seated inside. The flying glass constitutes an obvious threat to the children and this is the first serious breach that I can see. I do not understand why they do not immobilize the van or why he decides to break the window next to the children rather than the driver.
As he is smashing the windows, she drives away. That is when another officer fires three shots directly into a van filled with children. It is a shocking use of force with no concern for the children inside the van. At this point, Ferrell is only accused of a minor traffic stop, leaving the scene, and resisting arrest. There has been no weapon or attack on the officer. Yet, this officer put three slugs through the back of a van filled with children.
Ferrell then leads the police on a 10-minute chase before turning herself in. The New Mexico State Police have not removed any of the officers from active duty.
Ferrell was charged with five counts of abuse of a child, aggravated fleeing an officer, resisting an officer, reckless driving and possession of drug paraphernalia. The abuse of a child is interesting given the fact that it was the officers that fired into a van full of children. Moreover, it is not clear what the basis is for the charge against her teenage son for battery of an officer.
As the video below shows, there was ample reason for an arrest, but the excessive force used by the police is very disturbing and warrants a full investigation. The officer firing the weapon could have killed three children with this unjustified use of force. The police had multiple cars and could easily stop a minivan without resulting to the use of potentially lethal force.
What do you think?
Kudos: Michael Blott
A local station gets the raw footage from the cops. They edit it. Other media outlets pick up the edited feed. But, I applaud skepticism, as long as it is not skewed by politics. There are no cops here w/ the absence of Darren Smith. I’m trying to be objective and provide a perspective to balance the conjecture that is by anti-cop by reflex. I surmise we don’t have any cops here because they don’t feel welcomed.
The situation got out of hand and the 18 year old who conveniently became a child when he tried to put on his big boy pants assaulted the officer. Also, how does the author know where the officer was aiming? My guess would be the tires. Not into the can, as stated no less than four times, ad nauseum, in this article.
While it would have been impossible to cover up that a shooting took place. They are certainly trying to make the woman, look as guilty as possible.
The video is the same on every site I have looked at.. From this I conclude it is the police that released the edited footage..
nick spinelli 1, November 18, 2013 at 4:22 pm
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The TV station almost certainly are who edited the videotape. …
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My guess is the cops edited it.
Probably old qweeks draw bobbalouie … 😉
The DUI in Memphis was plead down to Disorderly Conduct. I don’t know where the other DUI was adjudicated. And this trip was indeed a “learning experience.” Lesson #1 DO NOT FLEE THE POLICE.
The TV station almost certainly are who edited the videotape. So, there’s that.
As for George Zimmerman….karma will catch up to him, seems like it’s going to happen sooner than later.
I’m speculating, but I wouldn’t be surprised to hear that in the missing parts of the tape, we will hear him being threatening or abusive. She home schools her kids? The trip was a learning experience? She has affidavits from her neighbors and minister? This woman was scared silly by something and acted out of that fear, IMO.
Dredd, I think we all agree there are some unanswered questions or “mysteries” here.
AAA used to give, maybe still do, bond cards. That guarantees the violation will be paid. I used one in Illinois when I lived in Missouri. Otherwise I was going to see the local Magistrate.
These cops are the kind George Zimmerman would be.
He was just arrested for felony assault on his pregnant girlfriend (Sherrif Website).
bettykath, That is actually fairly common procedure particularly for out of state offenders.
nick spinelli 1, November 18, 2013 at 3:52 pm
After reading the Taos newspaper account the 2 prior DUI’s out of state certainly seem relevant here.
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There are no DUI convictions or pleas.
Her lawyer stated that in open court. The judge let her out without a security bond, just a signature bond, and said some things about the charges (“a mystery”) and would not go along with what the prosecutor wanted such as drug screening.
Her lawyer said these charges are going nowhere and it is the officers who should be on trial.
Pay $135 now or we’ll go see a judge. Doesn’t sound kosher to me. I’ve never been given that choice, even for out of state tickets. Of course that was a long time ago. Then he pulls her out of the car? Maybe he wants that $135 in trade. I’ve traveled all over the country by myself and feel really lucky that I’ve never been in her position. I wouldn’t have paid the $135 (sounds like extortion) and I don’t know what he meant by “we’ll go see a judge”. Really?
bettykath, I did the near impossible and got a speeding ticket in Montana while driving at night. In the day, there is no speed limit, but at night it goes to 65 and I was doing about 80mph on an interstate. My mistake was that I should have slowed down near exits since that is where the cops like to park since it is not too far from the donuts. The cop stopped me and wrote the ticket, and demanded that I pay on the spot since I was from out of state and lived in CA at the time. I did not have the full amount, but I paid the bulk of it, and he told me to send the rest when I got back home, which I did. So it is NOT unusual for the police to ask for the fine to be paid on the spot for out of state drivers.
From “The Taos News”:
“Maestas requested a $10,000 unsecured bond and said his only objection was to stipulations requiring drug screening.
He disputed the two prior arrests for driving while intoxicated in other jurisdictions and presented a dozen letters from ministers, neighbors and others attesting to her character.
Addressing the judge, Ferrell also insisted she had never been convicted of driving while intoxicated.
“I do plan to stay here,” she added. Maestas noted that Ferrell hoped to live in Pecos or Santa Fe while contesting the charges against her.
“I cannot imagine someone going on the lam with five kids,” the defense attorney said.
Maestas added that state officials were planning to send Ferrell’s children to their father in Atlanta if she remained at the detention center. “This trip was supposed to be part of an educational experience for her kids who are home schooled,” he said.
“These kids just want to stay together and sending them to dad isn’t the answer,” Maestas added, suggesting that their father was abusive.
The judge agreed to release Ferrell on a $10,000 unsecured bond and rejected the state’s suggestion that she submit to regular drug screening.
“The nature of the charges did not appear to involve alcohol or drugs,” McElroy said.
The case was scheduled for a jury trial on April 21.”
After reading the Taos newspaper account the 2 prior DUI’s out of state certainly seem relevant here.
Maybe, maybe, maybe. The first cop was jittery. You hear him say “OK” several times which is not the words one uses in a situation like this. That’s pretty basic communication. When I needed an inmate to get out of his cell “OK” is not a word to use. There are innumerable “maybe’s” here. Maybe she was under the influence of alcohol and/or drugs. Maybe she had an outstanding warrant.
Here are a few Definitely. The original cop definitely was ineffective both @ the initial stop and the second stop. I’ve been hoping for a cop but I am pretty sure protocol would have been to handcuff the driver immediately, not have a conversation w/ her strolling around the minivan. The mother definitely put her children @ risk. What she did was not “stupid.” Being mouthy w/ a cop is stupid. Driving away was unlawful. The mother definitely set up her son to be arrested, the poor kid was just acting instinctively, protecting his mom. As someone else said, almost certainly the cop was shooting @ the tires, but that doesn’t matter, No shots should have been fired. The backup cop did a poor job positioning his vehicle. A proper positioning would have made it more difficult for the woman to flee AGAIN. Now, I’m sure she was fearful when she unlawfully fled the second time. WTF wouldn’t be!
lol. thanks for that, “Bouise”… 😉
(About the update, as you astutely concluded, “…well, well, well.”
The facts will emerge…)
😉
ap,
Great update!
“After being issued the citation, the officer wrote that Ferrell proceeded to drive north in her Kia Sedona minivan after declining to pay the fine or return to Taos to contest it before a judge.”
After being issued the citation … well, well, well
‘In court Tuesday, Judge McElroy said he reviewed a portion of video footage from the pursuit when considering the release of Ferrell’s son who is now free. The judge described the footage as disturbing and puzzling.
“The court is concerned about the nature of these charges,” he said. “It’s a bit of a mystery.”’
well, well, well