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Cop Avoids Prosecution For Beating

By TChris, Section Misconduct
Posted on Fri Feb 04, 2005 at 09:08:10 AM EST
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by TChris

John Hatfield, an LA police officer who beat a suspect with a flashlight -- TalkLeft wrote about the case here and here -- will not be prosecuted. Despite a videotape showing the beating, the DA's office claims the evidence is insufficient to warrant a prosecution.

The tape showed Hatfield, who is Latino, repeatedly striking and kicking at Miller, who is black, after the suspect raised his arms in apparent surrender and was brought to the ground by other officers.

The DA's office says that Hatfield believed that Miller had a gun. If so, it would have been prudent for Hatfield to look for the gun rather than beating the man. Had he done so, he would have discovered that there was, in fact, no gun.

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    Cop Avoids Prosecution For Beating | 21 comments (21 topical)
    Re: Cop Avoids Prosecution For Beating (none / 0) (#1)
    by cp on Fri Feb 04, 2005 at 09:28:58 AM EST
    why do you sound so shocked? prosecutors are loathe to indict cops unless there is some political gain to be made, such as for stealing drugs from the evidence room. the simple act of beating and/or killing an unarmed, subdued suspect, doesn't warrant the time, trouble or potential negative fallout that would surely ensue. the police unions would have a field day, and come the next election, any opponent would use those prosecutions against the incumbent. but, you knew that already.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#2)
    by Patrick on Fri Feb 04, 2005 at 09:55:18 AM EST
    Perhaps they understand that it isn't as simple as you like to make it sound. Proving what another human was thinking at any given time is difficult at best. TL, This is the case that Bill Bratton was commenting on. The fact that there is no criminal prosecution does not mean the officers won't be disciplined, however personnel matters are confidential so you probably won't hear about it.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#3)
    by wishful on Fri Feb 04, 2005 at 09:58:00 AM EST
    "...with liberty and justice for all." The kids are taught to say this daily as part of the pledge of allegiance to this great democracy. The congress critters say it regularly, especially if they spot a camera. How quaint it has become. Maybe someone should tell Alberto, no? He likes to label things quaint.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#4)
    by Talkleft Visitor on Fri Feb 04, 2005 at 10:49:43 AM EST
    "With Liberty and Justice for All?" They said he had a gun... He did steal a car... Didn't pull over when asked Jeopardized the safety of citizens and cops by leading them on a high speed chase... Again, why don't I care? Not this case... Just had a client whose father was killed while chasing a car thief who wouldn't pull over in Illinois about 10 years ago. Seems his police car was met by a train and he died instantly.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#5)
    by kdog on Fri Feb 04, 2005 at 11:06:56 AM EST
    With the advent of radios so many years ago, there is no need to high speed chase anymore. Slowly follow the suspect and radio ahead to other units, it's much safer that way for all parties involved (cops, bystanders, and suspect). And if a car thief should get away, at least nobody dies. It's just a car, not worth dying for. As for this case, I don't care what the suspect did, cops can't beat people up. Period, end of dicussion. Can't control your temper?...Get another line of work.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#7)
    by Adept Havelock on Fri Feb 04, 2005 at 11:39:44 AM EST
    Just another tragic example of someone with a badge power-tripping. Where I live, we've had a lot of flack about two officers who decided to leave their suburban city and cross a state line in pursuit of a stolen car. Tragically, these two fools t-boned a car at high speed that held two teenage girls, one of whom ended up in the hospital in critical condition for weeks. Then the dept. these two idiots worked for started screaming when the prosecutor in the city where to accident occurred filed criminal charges, as he should have. I know a lot of people who carry a badge, and most are worthy of respect and the office they old. Sadly, there are far too many of these other types as well. And yes, such foolishness will continue as long as the bocajeff's of the world continue to be cheerleaders for these incompetents.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#8)
    by Talkleft Visitor on Fri Feb 04, 2005 at 11:55:10 AM EST
    You mean there's a district attorney's office out in LA that actually looks at the FACTS of a case in making a decision on whether or not to prosecute?!? You mean that the DA is not kowtowing to media-whoring left-wing bleeding heart liberal politicians who think the police are evil and all crooks must be understood and coddled and rewarded for their criminal behavior? Well I'll be damned! Has Hell frozen over yet?!

    Re: Cop Avoids Prosecution For Beating (none / 0) (#9)
    by Adept Havelock on Fri Feb 04, 2005 at 11:59:05 AM EST
    I'm sure medscribe will simply take it in silence the next time he is dealing with law enforcement, raises his arms to show he is being peacable, and finds himself on the recieving end of a beating. Otherwise- what a hypocrite.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#10)
    by Talkleft Visitor on Fri Feb 04, 2005 at 12:32:57 PM EST
    Some of you really are ignorant and operate without any facts. Youy assume that since the DA won't prosecute he must be guilty. Hatfield was struggling with the suspect when another officer yelled that he had a gun. Do you expect the officer to politely ask the suspect, "Excuse me sir, do you have a gun?" Or should he trust the word of his fellow officer and act accordingly. This officer acted completely appropriately for the situation. He operated on the word of another officer when the suspect's hands were loose. Policies like the ones you are advertising will do nothing but lead to more dead officers and fewer criminals caught. No, I'm not a right wing nut. I'm a liberal democrat that also happens to be a well trained officer.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#11)
    by Sailor on Fri Feb 04, 2005 at 12:49:32 PM EST
    crono - did you watch the tape? This was strictly revenge for running. Patrick, in my business we call time off with pay a vacation. This was a serious assault and the cops should be doing serious time. BocaJeff - "his police car was met by a train and he died instantly. " Sounds like chlorine in the gene pool to me, the idiot tried to outrun a train. In case you hadn't noticed trains don't just pop up randomly from nowhere.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#12)
    by Talkleft Visitor on Fri Feb 04, 2005 at 01:09:23 PM EST
    Just another case that will be decided in the civil courts were because the lawyers can get big money maybe the little guy will get justice. Police abuse their position on a regular basis, my brother is a cop and there is a code of silence. Just ask any cop when it was that he got his last speeding ticket and you'll find out that the laws are for everyone else, but not them. In addition police are not the branch to hand out the punishment but rather enforce the law and bring in the violators.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#13)
    by Talkleft Visitor on Fri Feb 04, 2005 at 02:17:08 PM EST
    Yes I did watch the tape. I saw it live that day. A suspect is fleeing after leading officers on a high speed chase. The officer struggles with the suspect and another officer yells that he has a gun. The suspects hands are loose and a flashlight is an authorized impact weapon. Did you guys get this worked up over Jeremy Morse hitting the kid. Did you actually read about the part where he swung at the officer before the video was rolling. Or do you just lazily watch the video and scream police brutality. I understand that there are bad cops, I've met them. But not every use of force is unjustified. This wouldn't have been worthy of a mention at all if the chopper hadn't been taping.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#14)
    by Patrick on Fri Feb 04, 2005 at 02:18:48 PM EST
    Kdog, Please tell me you aren't serious...You do know better than that right? Radio ahead? Sheesh... As for the second half of your comment, I agree, but who decides whether it was a "beating" or a lawful use of force, or a questionable use of force. You? Me? or a prosecutor? Sailor, I wasn't talking about time off with pay. Although that sounds good to me. This was hardly a serious assault...I see assaults all the time, and in the grand scheme of things, and in my experience this was a at worst, a misdemeanor (Which was apparently unprovable also) MWW, Yeah that's it, cops write everybody for everything. There is no such thing as discretion. For your infomration I let people go for speeding about 99% of the time. When I worked patrol I wrote about 3 cites a month and those were for misdemeanors like driving while suspended or reckless. Your brother being a cop harldy qualifies you know the ins and outs. If there is a code of silence, it's not all powerful as some conspiracy theorists want it to be.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#15)
    by Talkleft Visitor on Fri Feb 04, 2005 at 02:19:21 PM EST
    Another thing. Don't run. If someone runs, they should know that the cops might be rough when they are apprehended. Have we devolved to the point where we can't tell people "Don't run from the cops, don't steal a car, don't lead the cops on a chase."

    Re: Cop Avoids Prosecution For Beating (none / 0) (#16)
    by Talkleft Visitor on Fri Feb 04, 2005 at 02:54:30 PM EST
    The usual blather from the Don't Blame Anyone But the Poor crowd at TL. Not one mention of Rodney King, the King riots, the LAPD/DA's legal responsibilities under those settlements, and the fact that LAPD violence against innocent blacks did not start with this attack. LA's DA is on the verge of being removed from office. He has utterly failed to accomplish anything he ran on, and wilts in the face of any task more complex than lunch. This is one more example why, though I voted for him, he is done getting my votes and those of much of the rest of the city. The cop? What cop. Just another stain on a department with a big job and a bad history. I support the LAPD, and in general think we have one of the best chiefs in a long time. This failure will come home to roost, (but it is hardly as important as getting .50 cal sniper rifles off the market to protect LAX), and I hope it doesn't damage his work or the department more than necessary.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#17)
    by Talkleft Visitor on Fri Feb 04, 2005 at 08:41:15 PM EST
    "You mean that the DA is not kowtowing to media-whoring left-wing bleeding heart liberal politicians who think the police are evil and all crooks must be understood and coddled and rewarded for their criminal behavior?" No, I mean the DA is helping his fascist right-wing Nazi pig cohort by ignoring undisputable evidence of savage brutality on a suspect after catching him because a fellow Nazi pig supposedly lied and said the guy had a gun. "Youy assume that since the DA won't prosecute he must be guilty." No, we ignorant people "assume" he's guilty because the tape allows us to see with our very own eyes that the officer did in fact, without question, beat the crap out of the suspect. "This wouldn't have been worthy of a mention at all if the chopper hadn't been taping." We know. Absent the tape, "this" would never be known to anyone. The cops wouldn't even have to claim to have believed the guy had a gun. They could, and likely would, deny any beating took place. "[A] flashlight is an authorized impact weapon." How comforting. Authorized by a cop, no doubt, for use by a cop, no doubt, on a civilian, no doubt. In anyone else's hands, a flashlight is called a deadly weapon and gets the bearer an additional ten years in the clink. "Don't run. If someone runs, they should know that the cops might be rough when they are apprehended." Soooo... by hammering on the guys skull with a metal flashlight on tape, officer Friendly was just putting would-be runners on notice that the police maintain the right to hammer on them... and so hammering on suspect's skulls is justified -- because it is. Justified. Because cops do it. Hammer on people who run. See? It's even on video.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#18)
    by chupetin on Fri Feb 04, 2005 at 10:28:12 PM EST
    The reason you dont run from cops is that it pisses them off so much they just lose it. Does'nt matter if you're on foot or in a vehicle they will kick your ass when they catch you. The guy had given and had layed down on the ground on his own and the cop still felt the need to "administer justice". But who are you going to believe, a "peace officer" or your lying eyes.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#19)
    by Patrick on Sat Feb 05, 2005 at 10:11:11 AM EST
    I wonder why I bother....Perhaps because I get so many people's noses out of joint... To the anonymous poster above who believes his/her opinions are fact, have you ever heard the old adage, Things aren't always as they appear? You probably believe everything you see on TV, including the Sci-Fi channel. Get over yourself, you are not the law, nor lawmaker. If you don't like the fact the highest court in the land has said that when judging a peace officers actions, they must take into account the speed at which events unfold, do something to change it. Everything is not a conspiracy to hide misconduct and abuse from the public. How sad it must be to live, every day, with your world view.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#20)
    by Talkleft Visitor on Sat Feb 05, 2005 at 10:47:11 AM EST
    Hey, Patrick, just curious. Which one of the Rodney King beating verdicts do you believe was correct: the Simi Valley state prosecution assault acquittal or the Fed civil rights prosecution conviction? Same fact pattern, right? Same event? I think the civil rights prosecution was the only way an aggressive federal prosecutor could bring the charges again, I do wonder about double jeopardy on this, but apparently the courts have ruled that trial in different jurisdictions on different charges for the same alleged criminal activity is not double jeopardy. Curious to know your take on that acquittal and conviction. As you know, I respect your view from the "trenches" though I often think you suffer a little trench vision.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#21)
    by Patrick on Sat Feb 05, 2005 at 03:12:07 PM EST
    I would say that both verdict were right since I was not on the jury or aware of the all the facts they were presented with. Although I believe that cops are the only ones who would ever face "double jeopardy" like that. Right or wrong, I believe if Rodney king had been white there would have been no second trial, and those officers would not be convicted. But this thread is about different LA Officers and a DA who made a judgement call. If you don't like it change the law or remove the DA's immunity.

    Re: Cop Avoids Prosecution For Beating (none / 0) (#22)
    by cp on Sat Feb 05, 2005 at 08:55:23 PM EST
    when i watch a tape, that so far has not proven to have been tampered with, of police beating on unarmed, down suspects, it doesn't matter what happened even 30 seconds before that. police are supposed to be trained professionals. that is, after all, their job. if they are unable to control their emotions, it's time they got another job, more suited to their personality. perhaps bouncer at a bar, or jailor at abu ghraib.

    Cop Avoids Prosecution For Beating | 21 comments (21 topical)