There is a new scandal involving alleged police abuse and false statements. The latest case comes out of Red Bank, Tennessee, where critics allege that officers beat a suspect, 24-year-old Candido Medina-Resendiz, without cause and then lied about the incident in official reports. Warning: this story contains foul language from the reporting of the case.
On April 13, Officer Mark Kaylor made a traffic stop for suspicion of DUI. The drive of the car is identified as a Mr. Roque, who was placed into custody following a sobriety test. The police say that the passenger Candido Medina-Resendiz, made several attempts to exit the vehicle despite being told to remain in the car. When he left the car, Kaylor said that he told reserve officers Tim Brown and Scott Miller to take him into custody. The officers said that Medina-Resindez resisted their efforts to take him into custody by pushing and pulling away. They insisted that he was injured when his face struck the pavement and that they had to use a taser to subdue him on the ground. Kaylor admits to hitting him in the face but says that the suspect tried to bite him.
He was tased again when they put him into the car due to continued resistance.
However, the man’s attorneys insist that the dash cam video contradicts the police account. They say that the video shows him being beaten with multiple officers on top of him, including Kaylor pounding him in the head at least seven times.
The video shows Medina-Resendiz being thrown out of the car to the ground and an officer saying “I’m going to fucking kick your ass.” Kaylor is also reportedly seen holding Medina-Resendiz’ head down while telling him to stop resisting and another officer is heard saying, “let’s shock this motherfucker.” An officer is also heard telling Medina-Resendiz, “We’re going to shock your ass.” The sound of a taser could be heard and Medina-Resendiz screaming in pain. With Kaylor on top of the man, you can then see the seven punches.
The video below does show the suspect resisting in putting his hands behind him, but not seemingly threatening the officers. Medina-Resendiz does not speak English. The injuries to the front of his skull were considered serious and required surgery.
The incident was investigated by the Red Bank Police Internal Affairs division in July and they cleared all of the officers of any wrongdoing. The police department even commended Kaylor for his using restraint in the circumstances, according to the lawyers.
Notably, the prior counsel asked Kaylor if there was a video from this squad car and none was initially turned over. The attorney later subpoenaed that video. Kaylor was asked why he did not make sure the subpoena made its way to a superior officer. Kaylor is heard saying that he did not give the subpoena to his superior “[b]ecause it was directed to me.” With the contradictions from the police report, the failure to pass along the subpoena raises very serious questions of obstruction and hiding evidence.
This is not the first such controversy for Officer Kaylor who was at the center of another arrest that due national attention in 2013. It was another DUI arrest where Thomas McQuiddy, 22, insisted that he was innocent. He fought for blood results that eventually cleared him of all charges. When the judge dismissed the charges, he also dismissed two other DUI arrest by Kaylor because there was no evidence to support those drivers were under the influence.
Yet Kaylor earned the MADD DUI Enforcement Officer Award of 2012 after making 167 DUI arrests within the city of Red Bank.
However, in 2011, Kaylor was involved in a controversial traffic stop of a 911 dispatcher suspected of DUI. He was accused of showing special treatment to the dispatcher who was not arrested. He was again cleared by the department in that case.
Here is the latest video:
Source: WDEF
dust bunny,
the man told the cop that he lives “right over there”. He drove home, and the cop should have escorted him to the door – then leave and put another log on the fire.
Rafflaw,
We both know lawsuits change nothing, because the payout comes from the city’s general fund. If the payout hit the PD in the pocketbook they’d start to care.
It may be one bad apple if it’s a single officer. When multiple officers are present, and misconduct goes unreported and unaddressed, it’s a bigger problem.
An obvious dirty cop being rewarded for his illegal and brutal tactics. I hope the federal lawsuit makes the city and the officer dig deep into their pockets. Unfortunately, the only way to stop these out of control police officers and departments is to penalize them with serious dollar costs. Since the city fathers/mothers have decided that this behavior is acceptable and even commendable, what other recourse is there?
Paul’s idea has great merit. Examining yourself, as an agency, leads to either giving a “blind eye” to the problem or to corruption.
Arbitrators are an alternative to these types of things instead of internal investigation. The issue is that the arbitrators need to be both knowledgeable and impartial. There was quite an issue with this procedure in the past in the securities industry with arbitration not being impartial or fair. Picking out the arbitrators is just as tricky as finding impartial insiders, within the police department. Knowledgeable is the biggest issue. Who would you pick to be a knowledgeable arbitrator for law enforcement….for securities? It would have to be someone with experience in the industry, I would think.
Arbitration is a faster process than going through a legal remedy such as the Grand Jury.
Paul,
Again, you like Nick raise interesting points…. Just like anyone in power… They only see what they want….and the others must be bad….. Not a bad paraell for how the civility rule is enforced here…. I think you’re onto something…. Thanks….
I have long said that there should be civilian panels that review these cases. How the prosecutor and cops saw nothing wrong shows me their field manual needs updating or they are blind.
Yep, Dredd. An excellent addition to the mix.
“… and crown thy good with brotherhood from sea to shining sea …”
@ John
“I missed the part where it was determined that Mr. Medina Resenediz is here illegally, as well as the part that stated how long he has been in this country.”
Yes. And I missed the part where I said any of those things. I was speaking in generalities of being in a country where you don’t speak the language and the generalities of the influx of people who do not and will not assimilate.
Not speaking the language of another country and being there as a visitor or as a permanent occupant, puts YOU in danger. Danger of being robbed, bilked, cheated and danger of not understanding what others are asking you to do in an emergency situation. So….don’t purposely put yourself in danger.
Does it excuse the police or gendarmes from beating you if you seem like a threat or seem as if you are refusing to cooperate. No. Of course not. Does this officer sound like a bad apple. Yes. Does this situation seem like overkill. Yes. Does it make ALL police bad people who want to beat you up. No.
In an area of high concentrations of people who don’t speak the language, (California has many places), it is common, if possible, to have an officer on patrol or on duty, who can communicate. Practically every bank branch has Spanish speakers. Grocery stores, gas stations, restaurants, DMV and all government offices. Signs in Spanish and in English….sometimes in Hmong and Chinese and more. It is a veritable United Nations of signage. Tennessee?….maybe not so much of a need…yet.
When there is wide spread case of police abusing their authority, the brush must be broad. Americans just aren’t buying excuses anymore.
@ Bailers.
Agreed. Brutality and violence are not the answers and there are some police who take that route by default and those should be removed from their posts. Immediately and permanently. Bad apples.
However, the tendency today to paint “all” police actions with a broad brush of brutality is just as bad. Each situation is different and the police are in a position of danger every moment they are on their jobs. Talk about stress and PTSD!. Second guessing is easy for us in the security of our homes. Second guessing when you have seconds to respond is not so easy.
Again. I’m not excusing the actions of this officer. Try to put yourself in his shoes, day after day after day.
Dust Bunny Queen – I missed the part where it was determined that Mr. Medina Resenediz is here illegally, as well as the part that stated how long he has been in this country. I also missed the part where he was determined to be drunk. Please advise.
Many Americans travel to other countries where they don’t speak the language. Is that license for local authorities to beat the snot out of them?
The police, it seems, can get away with anything these days.
Quis custodiet ipsos custodes?
“Dust Bunny Queen
“Medina-Resendiz does not speak English.”
Here is the real problem. The man is in a country where he doesn’t speak the language. How are the officers to know that?
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What if the person is deaf? Can’t speak? Having a medical problem like diabetic shock?
If the first reaction is always that a person isn’t “complying” with police then there is a problem. While obviously some people are out right fighting with cops, approaching each situation where there isn’t instant compliance is the wrong way to live your life and work that job. Police can’t demand instant compliance from everyone they meet. Unless you believe the statement “I’m a cop, do what I say or you’re going to get hurt”.
I almost never see cops take a step back and assess a situation. This isn’t a battlefield. Stepping back before charging in like a bull isn’t a sign of failure or weakness.
“Medina-Resendiz does not speak English.”
Here is the real problem. The man is in a country where he doesn’t speak the language. How are the officers to know that? How are they to know that he doesn’t speak the language? All they can see is that he is deliberately resisting and fighting. Drunk and disorderly and resisting.
That doesn’t excuse brutality!!!.But this is a problem that will be exacerbated over and over until we demand that illegal immigration be stopped and that legal immigration be under control. We need to insist that the immigrants make some effort to learn English and that we set up a mandatory ESL outreach program. We need to have a common language that everyone communicates in, for legal purposes and for commercial transactions otherwise we will be a fractured society and never become one cohesive country. (Actually, I’m afraid that we are already beyond the tipping point on this)
You cannot live in a society when you have no idea what people are saying to you. This goes both ways. I’ve lived in other countries…..Mexico in particular and have family members who were legal residents of Mexico for over 20 years. WE learned the language.
“Officer (sic) Kaylor should have simply escorted Mt. Medina to his dwelling.”
How is he going to do this “simply” when the man doesn’t speak the language, refused to cooperate. How is he going to “simply” know where he dwells?
It isn’t illegal to be a drunk passenger in a car (as far as I know). All Mr. Resenediz needed to do was follow instructions and show ID. Getting out of the car when told to stay in the car is a danger sign for the Police. Mr. Resenediz could easily have been armed. Refusing to stay put and fighting…..all danger signs that the police might have felt themselves in physical danger. That he doesn’t speak the language of the country is HIS fault. But again…. Does not excuse brutality.
http://www.wdef.com/news/story/Shocking-new-details-about-Red-Bank-officer-who/AlpUCrRU2UK9BQgQhmyJ4A.cspx
RED BANK, Tennessee(WDEF) – There is shocking new information about the Red Bank police officer who is seen on video beating a suspect.
An anonymous yet reliable source within the police department has told WDEF the dash-cam video of Officer Mark Kaylor beating Candido Medina-Resendiz is just the tip of the iceberg.
According to the anonymous whistle-blower, Kaylor has used excessive force on suspects more than one time and has gotten away with it.
The person WDEF spoke to also said there were rumors that Kaylor would be promoted to sergeant.
WDEF contacted Red Bank Police Chief Tim Christol and he confirmed that Kaylor is in the process of becoming a sergeant.
Kaylor’s promotion comes on the heels of a WDEF investigation into a video of him beating Medina-Resendiz; who was the passenger in a vehicle that was being driven by a man suspected of DUI.
Medina-Resendiz and his attorneys filed a complaint against Officer Kaylor alleging excessive force.
According to the internal affairs investigation report, Kaylor’s actions were justified because Medina-Resendiz was considered a combative suspect during his arrest.
A representatives from the Concerned Citizens for Justice group told WDEF the Red Bank police should have allowed another law enforcement agency to investigate Kaylor’s actions caught on video.
“I don’t think that the police can police the police. I think that’s proven by the track record of internal affairs departments all over the country,” said Jared Story of Concerned Citizens for Justice
“The fact at an officer is able to use this force and then after the conclusion of the he internal investigation, go right back on the job makes us all less safe,” said Madina-Resendiz’s Defense Attorney Andrew Free.
But another shocking bomb shell was dropped during a WDEF investigation into claims about Kaylor’s character as an officer.
WDEF has learned that when officer Kaylor applied for the job in Red Bank, he wrote on his application that he left a previous job at the Rhea County Sheriff’s Office because of quote “benefits.”
But according to a legal Rhea County document, officer Kaylor was actually fired from the Sheriffs office. His termination was confirmed by two Rhea County officials.
WDEF was not able to learn why he was fired because the records were said to be outdated.
WDEF asked Chief Christol about Kaylor’s application but the Chief said he could not comment on anything related to a pending federal lawsuit against the Red Bank Police Dept. continues…
Officer (sic) Kaylor should have simply escorted Mt. Medina to his dwelling.
Medina hadn’t hurt anyone – which is more than can be said about Kaylor- nor had he damaged anyone’s property.
Nothing to see here. The officers followed policy.
Cops, presently anyone in power does the same thing, they lie…. RIL