Saturday, April 16, 2005

Officer's Present

Task: Failure to Intervene to Protect Citizen from officer
Mick v. Brewer, 76 F.3d 1127 (10th Cir. 1996).
• A law enforcement officer has an affirmative duty to intercede on behalf of a citizen whose constitutional rights are being violated in his or her presence by other officers.
• The law enforcement officer who fails to intervene to prevent another officer’s use of excessive force may be liable if he or she had the opportunity to intervene.

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Now this is a heavy duty responsibility and it carries a real determination to administer justice according to the provisions of law! Or easier said: by the Letter of THE LAW...............

Deadly Force

Task: Deadly Force
Tennessee v. Garner, 471 U.S. 1 (1985).
All uses of Deadly Force must be objectively reasonable based upon the totality of circumstances surrounding its use.
Objective Reasonableness is satisfied where:
• Suspect poses imminent threat of serious bodily harm or death to officer or some other person who is present. OR;
• Officer has probable cause to believe that the suspect has committed a violent felony involving the infliction or threatened infliction of serious bodily harm or death and by his or her escape poses a danger of serious bodily harm or death to others.
• Warning should be given where possible.
Task: Deadly Force
St. Hilaire v. City of Laconia, 71 F.3d 20 (1995).
Officer conduct leading up to the need to use deadly force is being considered by some courts in the reasonableness analysis of the ultimate use of force.
• Some circuits are considering whether the officer’s actions leading up to the need to use deadly force somehow created that need.
• See, Billington v. Smith, 292 F.3d 1177 (9th Cir. 2002)
An officer’s conduct provoking the need to use deadly force would have to be a constitutional violation in order to be relevant to the reasonableness of the use of deadly force.

Relative to Taser gun use at Paiute Palace

Task: Duty To Protect Citizens
DeShaney v. Winnebago County, 489 U.S. 189 (1989).
Law enforcement officers, like all government actors, generally have no duty under the constitution to protect citizens from harm caused by third party, non-government actors.
• Law enforcement officers have an obligation to protect citizens who they have taken into custody because in depriving the person of liberty, officers have also deprived the individual of the ability to care for him or herself.
Task: Duty to Protect
Sinthasomphone v. Milwaukee, 785 F.Supp. 1343 (W.D. Wis. 1992).
Although officers generally have no duty to protect citizens from 3rd party harm, an officer will be held to a duty where some affirmative act of the officer has created the danger to the person or otherwise enhanced the danger to that person.
• Officers and Agencies may be liable for “state created dangers.”
• Officer’s conduct must have created or enhanced the danger in order for liability to attach.
• In many cases danger is enhanced by depriving the person of other available assistance.
Task: Duty to Protect
Munger v. City of Glasgow, 227 F.3d 1082 (9th Cir. 2000)
Officers may have a duty to protect an individual where actions of the officers create or enhance the danger to that individual.
Example: Officers eject bar patron into freezing temperatures without his coat and refuse to allow his re-entry into the building or him going to his vehicle due to the risk of him driving while intoxicated.
Task: Duty to Protect Prisoners
Deshaney v. Winnebago County, 489 U.S. 189 (1989).
The Supreme Court acknowledged in this case that police have a duty to protect prisoners, who, due to the restriction on their liberty, are deprived of any means to protect themselves.
Estelle v. Gamble, 429 U.S. 97 (1976).
Although this case dealt with prisoners who had been sentenced, courts use the standard from this case in concluding that police officers must not be deliberately indifferent to the medical needs of a person in their custody.
Deliberate Indifference means that the officers learn of a medical condition and fail to take steps to get medical treatment for the person in their custody.

*IMPORTANT* ANOTHER CAUTION BEFORE WE PROCEED

As we all know, our youth find it controversial to mimic some of the more radical groups that emanate "rebellion" within society. These young people probably with the majority, have no idea just how lethal these particular groups can be. Nor do the youth understand the concept of hatred to the degree many of these groups manifest themselves in. They are probably not aware that some of the various hate groups are falling under the term "Domestic Terrorists".

It is our job as parents, teachers, councilors, clergy and concerned citizens to make sure the youth of this valley understand and are educated that what they may think is just a form of rebellion against society and cool to be a part of, is much more controversial than that and that these groups represent hatred at a level that is beyond any imaginable common sense logic.

*IMPORTANT* IMPORTANT KNOW YOUR RIGHTS IN REGARD TO LAW ENFORCEMENT

The last several days we have not been posting due to the fact that we have been researching what as citizens we should know when being confronted by the enemy, which in this case is the local "Police Department" and "Sheriff's Department" and as of recent evidence brought to my attention; possibly the "Fire Department". Now before we begin posting on this subject, a main concern to be aware of is that we have the KLU KLUX KLAN, with its estimated 400 plus members within the County of Inyo. Please take note that many do indeed wear their tattoos with great pride and they bare the names:

Inyo Peckerwoods
Clamper

There is also an indication that the "Christian Identity" have members here and they are not a Christian group in the context that they practice or believe the doctrines of Christianity but instead are a radical hate group who believe in white supremacy. Their actions have been documented to be the most serious in offenses committed on innocent human lives. There is no trial by jury in their methods, it is just execution style vendetta.

There is another group also that may have members here and that is the "Skin Heads".

All of these people are within the main stream of our community, they may be members of the police force, the sheriff's deputies and the volunteer fire department, as well as attending any of the churches in town. They fit in quite well, some of the more radically defiant members of these groups openly wear their paraphernalia and boast of who they are, others are moles who secretly hide their affiliation in order to maneuver their way into places where information gathering is less intrusive or suspect.

So, this is an advisory, be aware of who and what is out there and take cautions when being approached by any official representing himself/herself as an "Officer of the Law."

As was stated the next few days we are taking the time to post what it is the law enforcement personal can and cannot do to an individual citizen when acting on behalf of their office.

Wednesday, April 13, 2005

REVISITING TASER DEATHS

Okay back to the Taser incident, let us look at the January News Article which involved pepper spray and a taser gun possibly resulting in another death of a woman:


A Palmdale woman who led California Highway Patrol officers on a high-speed chase died in an Inyo County Jail cell less than two hours after she was pepper-sprayed and shocked with an electronic device.

Wednesday, January 05, 2005 - PALMDALE -- A Palmdale woman who led California Highway Patrol officers on a high-speed chase died in an Inyo County Jail cell less than two hours after she was pepper-sprayed and shocked with an electronic device.

Authorities are investigating the death of Jeanne Hamilton, 46, who stopped breathing in the jail cell where she was taken following the pursuit and a struggle with California Highway Patrol officers and Inyo County sheriff's deputies.

"Right now, we really don't know exactly what happened that caused her death," said Detective Sgt. John Eropkin of the Inyo County Sheriff's Department. "The coroner's office will have to make that determination, and then we'll know how to proceed with the investigation."

An autopsy was performed by the Orange County Coroner's Office rather than Inyo County authorities. Eropkin said investigators were awaiting the results of the toxicology tests before reaching a conclusion as to the cause of death.

The results should be completed and released in about two weeks, officials said.

A small amount of methamphetamine, as well as drug paraphernalia, was found on Hamilton during booking, officials said.

The incident began about 2:30 a.m. Dec. 29 when CHP officers driving on Highway 395 spotted a vehicle coming up behind them at a speed they clocked at 91 mph.

The vehicle slowed briefly to about 70 mph, then accelerated again, this time with speeds nearing 100 mph as the officers pursued it. Eventually, the vehicle pulled over near Lone Pine, but the driver refused to get out, Eropkin said.

The officers sprayed the driver with pepper spray then, with the help of an Inyo County sheriff's deputy, pulled her out of the vehicle.

Hamilton, who was described as being 5 feet 8 inches tall and weighing in excess of 200 pounds, struggled with the officers. The officers forced her to the ground, but she refused to put her hands behind her back, "like she was concealing something" Eropkin said.

Eventually the Inyo County deputy used an electronic device called a Taser to shock her, and then she was handcuffed.

At the Inyo County Jail, she struggled throughout the booking process, Eropkin said. Deputies placed her in a cell but soon noticed she had stopped breathing.

Officers performed CPR on her, and she was taken to Southern Inyo Hospital, where she was pronounced dead at 7:14 a.m., Eropkin said.
*News Wire Article*

So, excessive force was used on another woman and now it is under investigation. You would think that because this involved one of our local Deputy Sheriff's and one of our lead Officers in the Narcotics division, someone would have posted a memo to our Law Enforcement Officers warning caution and that there is an investigation currently underway, involving the use of a Taser Gun. Was Deputy Sheriff Dorame justified using a Taser on a 110 lb., 4' 11" woman, while she was handcuffed in his back seat because she was kicking the door of his vehicle. Should this man be suspended, or at least taken off the street for evaluation and phsychiatric diagnosis? It has been said that this 4' 10-11" Deputy has a "Napoleonic Complex" others have called it "LMS" or "Little Mans Syndrome". Please again if you have any information on either one of these "crimes" please submit what you know.

Tuesday, April 12, 2005

PROSTITUTION ~ THIS TOWN?????

Recently it was noted that on Highway 6, which leads north across America and ends up on the East Coast at Maine, there is either a little reddish car or a blue and white van, that is parked for days on the heading south side of the highway. For over four days and nights, in one particular week, it was noticed that a woman was seated curled up in blankets in the dead of winter. A concerned citizen drove past on the third night and wondered if she should pull over and assist the woman or call 911. After sitting by the road side in her car for a few moments the woman decided it best to go home and tell her husband and family about the woman in the car for the past 3 days and nights. After relating the story, the kids in the household began to laugh and looked at their mom and said "Geeze mom, she is the truckers ho and she has been their ho for years!" The kids went on to explain to the mom that the woman's usual hang out was that of "the old K-Mart parking lot" and her "bright red truck" and that "all the cops know it" and "she gives them favors". So, for years prostitution has gone on in the "City Limits" but now all of a sudden, what has happened? The "HO" is now just outside city limits and openly and blatantly violates the law with the blessing of both the Police Department and the Sheriff's Department. One party stated "she has a permit, if you get my meaning". Just a minor infraction of the law.............

Okay, just a minor infraction of the law right? Slight compared to everything else that goes on in this town, however; what does this tell the kids in this town?

These are OUR EMPLOYEES, we are THEIR BOSSES.... What do you do when someone works for you and continually violates your orders, places you and others in jeopardy, gives a bad presentation of your company and its policies, berates and belittles everyone else around them and continually abuses their "authority"? YOU FIRE THEM!!!!

PEOPLE WE NEED TO REMEMBER THESE GUYS AND GALS WORK FOR US. WE PAY THESE "ANIMALS" TO SET AN EXAMPLE FOR THE KIDS IN THIS TOWN TO UPHOLD THE CONSTITUTIONAL RIGHTS OF EVERY AMERICAN CITIZEN, TO BE UNPREJUDICED IN THEIR ACTS OF DUTY, TO UPHOLD THE LAW, TO LIVE BY THE CREED 'INNOCENT UNTIL PROVEN GUILTY', TO USE MINIMAL FORCE UNLESS OTHERWISE REQUIRED, TO PROTECT THE LIVES OF THE INNOCENT, TO INSURE SAFETY FOR THE CITIZENS THEY SERVE.

WE PAY THESE PEOPLE TO WORK FOR US TO PROTECT AND SERVE, NOT MISUSE AND ABUSE, NOT MAIM AND PERVERT, RAPE AND VIOLATE, TASER AND MUTILATE, NOT TO KILL AND DESTROY! They work for us and represent this town, do we really want this type of law enforcement here or should we contact our Senators, State Legislators, Department of Justice and why not the President of the United States or better yet, why not HOMELAND SECURITY. Stopping Domestic Terrorism is a priority right now, this falls under that category.

Monday, April 11, 2005

INFORMATION PLEASE

Can anyone tell us what happened to Wayne Bengochia's brother? There have been many rumors and stories going around but none of them have come out concrete or with any explanation.

For those who do not know what is being talked about:

The case began on Jan. 19 when a member of the Inyo County-based Bishop Paiute Tribe allegedly killed a convenience store employee. Witnesses say Wayne Bengochia, 48, shot clerk David Pettet multiple times. Bengochia is currently being held on $1 million bail at the Inyo County Jail in the small town of Independence. There are indications he was intoxicated at the time.

Four days after the shooting an employee at the tribe’s Paiute Palace Casino discovered a letter written in red and bearing the acronym “KKK.”

“Your half-witted bucks have taken another white. From now on, your daughters will be targets. From the ages of five to nine years of age, they will be taken from the reservation, raped and beaten to death, and dismembered,” the letter stated. The location where it was found was especially unsettling: Just outside of the tribe’s day-care center.

Dave Pettet's children, James and A.J., told the crowd that their father was not a prejudiced person and that they held no anger or animosity against the Bengochia family.

''My father would never want anyone to use him as a reason for violence against Indian children,'' said James. ''He wasn't racist - just look at us, his half-white, half-Indian children. Whoever wrote those letters didn't know my dad. We came here today to let everyone know we don't blame the Bengochia family. We all need to get through this together.''

After he spoke, James and his family hugged members of the Bengochia family, setting the tone for good will rather than retaliation.
*Story highlights from various News Agencies*

One of Wayne's brothers was recently visited by the Bishop Sheriff's department and then the next morning was found dead by his sister. According to several people, his body was then "taken away quickly so that an autopsy could be performed". There were rumors that he had been shot, that he had shot himself, that it was drug related, that it was a heart attack. The official report, who knows? That is our question, what is the OFFICIAL REPORT and Who MADE IT OFFICIAL? Could a Taser have been involved the night before while the Sheriffs had visited?

Not wanting to create anymore rumors but wanting to get to the REAL STORY, does anyone have first hand information on this death? If you do, please come forward. Mr. Bengochia was a very nice man, very good hearted and easy going. He attended the Salvation Army Church in town in fact both families (the Pettet's and the Bengochia's) have relatives who attend that particular Church. If it truly was a heart attack and not induced by the visitor's the night before, then it needs to be known.

Sunday, April 10, 2005

ANOTHER ANONYMOUS LETTER BROUGHT TO THE SURFACE

Geez where do I begin on this subject… I know I guy from bishop that knows more about the corruption, drug trafficking, police brutality, money laundering and overall injustice in Bishop, California. For starters a lot of the young officers in the "great town" of Bishop used to be "great" people. Once they became members of the Bishop Police Department they became lawless, for instance Danny Nolan. Everyone thought that he would try to change everything that was evil and injustice within the Police Department, but we were wrong; he is Know part of the ongoing problem. The drug trafficking in this town has many arms, for it stretches all the way from Kern County (another poisoned county) up to Reno, Nevada which amounts to nearly 400 miles of eastern California. It use to be just marijuana but now its formed into more dangerous drugs such as Crack, Cocaine, Methamphetamine, Heroin, Ecstasy and pharmaceutical drugs like Vicodin. The individual I know has been physically beaten harassed and has had numerous life threatening accusations made towards them. This was all calculated by these PIGS, who are supposed to uphold the law. They did this all simply for knowing the names of the corruptors within the four walls we like to call the Sierra Nevada’s. This person says they would like to help the GOOD citizens of Bishop to obtain their freedom from these corrupt individuals. I would love to put theses name on this forum, however it is the internet and there are many ways that someone could trace my post.
Now for the Ku Klux Klan letter, these people in Bishop are known as The Clampers and The Inyo Peckerwoods. There is quite a bit of these foolish, cowardly things that we call people residing in the Owens Valley. To identify these individuals look behind the biceps(upper arm) and the calves (lower leg), for tattoos inscribed with either “the clamper or Inyo peckerwood” and when dealing with them, please treat them in the most remorseless, severe, way possible. Treat them as they act, the way that they should be treated…as a bunch of wild dogs.

As for the Good people that have suffered at the hands of these pigs in Bishop, California please remember these words below and stay strong, for things have to become bad before it will ever become good.

~Once you loose everything there is nothing to be feared but our lord Jesus Christ~

Saturday, April 09, 2005

OKAY, THE STORY OF THE KID SMOKIN, AND OTHER STORIES

There was a certain boy who grew up in this town, never getting in too much trouble, just your usual skateboarding on the sidewalk, oh wait, speaking of skateboarding on a sidewalk:

Can anyone tell me what the legal size of a "Bike Lane" is supposed to be on a Main Street and Highway is supposed to be? That is another issue that we have a major problem with in Bishop City Limits. It is a four lane stretch of highway that empties from Highway 395,(the only road leading south from Bishop and the only Highway used south of Bishop by the major trucking lines) onto Main Street. We have the "NO BIKES, NO Skateboards, NO Rollerblades" law on all the sidewalks on Main Street now, so those who use these types of transportation, MUST USE THE BIKE LANE.. Now, the BIKE LANE happens to be approximately 26 inches wide. Yes, that's what I said, so we have a major problem as the lanes are also very narrow and we have trucks heading both directions, which are as wide as either single lane. Now our bright sheriff's Deputies and Police ticket the kids when they catch them on the side walk, even if they are trying to avoid being hit by a semi-truck. Yep, that's just a minor problem though right?

Back to the boy who grew up here. Now this boy as he reached his teens was a friend to everyone. No one disliked him and he was a good kid who liked everyone and liked everyone to get along. When fights broke out he usually stepped it to break them up and he wasn't a big kid either, tall yes, but super thin. Soon he was accepted into every group and every kind of group but he had Christian values that kept him on the outside of some things but just close enough to witness everything. The adults really liked him too because he was polite and well mannered and no trouble. Many of the in the Sheriff's Department and Police Department liked him too and welcomed him in their homes and private lives.

This boy reached his young adulthood and things began to change. He married a local girl after getting her clean and sober and he felt all was well with the world. One of his friends went away to Police Academy, the others joined the Military or went off to college, but he remained. Soon the little woman went back to drugs and it took him to the world that he worked hard to get her away from. Before too long he was witnessing all kinds of interesting things, like who was watching when drug deals were being made and nothing was being done to stop the dealers or the purchasers. Next, the little woman left him and joined those dealers and lived with them but would call the young man to rescue her whenever someone was beating on her or she was hungry and all her money was gone. Then the worst of the worst began to happen as he would try to intervene on her behalf, those same individuals who were just watching and not arresting or intervening on the drug deals, began to harass the young man. Death threats and being pulled over for no reason but making sure that when he pulled over was in an open public area where all could see, became a way of life for him. By and by, his parents forced him to leave town for his own safety.

Now, everyone of the good ole boys in the Sheriff's and P.D., know the young mans car and when he would venture into town, they would pull him over. Never having probable cause, never having a justifiable reason, just to harass and remind him, they are watching. That is where the story of the "TOO MUCH SMOKE COMIN OUT THE DRIVERS SIDE WINDOW" comes in. Christmas vacation, the young man ventures into town to be with his family for Christmas. As he is driving up Main Street, he see's the familiar red and blue lights flashing behind him, so he finds a safe place and pulls over and there is where the Smart Cop says "There was TOO MUCH SMOKE COMIN OUT THE DRIVERS SIDE WINDOW." The young man looks up at him from his sit in the car, behind the steering wheel and holds up his cigarette and says "yes sir, I am a smoker".

harassment comes in all shapes and sizes, from all walks of life, from all kinds of people, for all kinds of reasons, including corrupt officers of the law.

To ALL THOSE ANONYMOUS PEOPLE

I would like to encourage you to go to another site that has recently been posted where you can share in a open discussion and still remain anonymous. This is an excellent venue for getting the dirty little secrets out in the open here maybe someone will take notice and those in office might start realizing their days are numbered. Please post on the other site as well, we need to keep this going and get those who have the proofs to come forward, knowing that we are here to help them and support them in every way we can. There are some good men in this Valley that are on the other Forces that are willing to help, but we need to make the first step and get it out in the open.... So please after you post here go to:

http://inyocountyinjustice.bravehost.com/

There you can click on the top of the orange and yellow page, above the horses head, FORUM and you can place your statement there too and then have a discussion with others.

Thank you

Friday, April 08, 2005

HERE IS THE STORY SUBMITTED BY ANONYMOUS

I TOOK THIS OUT OF THE COMMENTS SECTION IN ORDER TO MAKE SURE EVERYONE READS IT. This is just a little taste of what Inyo County Law "Professionals" do to make a point....

"Ceaser Chavez day on the Bishop Paiute Resivation 2005
It was anotherday on the Bishop Reservation, Two sisters had became angry with each other and started to fight, they were in the grassy RV and Truck parking area of the Paiute Palace Casino, the fight attracted casino security and the local deputy of the Inyo County Sheriff's office, Paul Doreme a local bad boy and the California Highway Patrol. the two sisters are in there late Teens or early twenties, the most ferocious one was placed in hand cuffs/behind her back put in the back area of the Deputies car, still angry she lay in the back seat kicking at the door, window.
Enough is Enough, Super Cop Doreme rushes over opens the door and looking down on this wanten criminal who is kicking the inside of his car, calculating the danger of this 4 foot 6 inch 110 pound vicious outlaw, he draws his taser gun and fires sending pulsations of electricity through this wild and dangerous Indian thus teaching her you don't mess with the county law in Inyo. The Upset Mother and Father upset go down and file a written complaint against this supercop. Less than 48 hours later they get the response to their complaint. at 6:00 am their door breaks open in the house they live in (off the reservation) the house where the grandparents had been murdered in the previous year and mom and dad go strait to jail, did'nt pass go, did'nt collect two hundred dollars, there just facing felonies of possesion of narcotics and narcotics pariphenalia. I guess its time to go on let's make a deal."

The "lets make a deal" that Anonymous is referring to, is "lets make a deal Art Maillet" as he is called in this part of California. Oh yeah and one of the worst "historical" sayings that has come out of Inyo and Mono Counties is "Come on Vacation, leave on Probation!" Now what does that tell us all? Ya gotta love um right? I mean seriously, our local law enforcement put their lives on the line everyday, busting kids at lunch for loitering in the parking lots. Oh oh and don't forget, speeding, yes these kids speed down Main Street all the time, doing a whole 30 MPH, but the Truckers, well, we won't talk about their speed. Oh yeah, in my next post check it out, a kid gets pulled over for "toooooo muchhhhhh smoke" comin out a da drivers side window.... Oh yeah, he be smokin!!!!!

Another Smooth Move by Bishop Sheriff's Dept....

First read this article and then we can relate the local story:

Legislator Seeks Tighter Regulation of Stun Guns
Law enforcement officers say stun guns are a valuable tool in fighting crime. However, one state lawmaker says not enough is known about their medical effects and is proposing new laws to regulate them.

Assemblyman Mark Leno, D-San Francisco, has introduced a bill that would require more studies on the effects of stun gun shock. He also wants to ban private citizens from buying the guns until more information is known.

"We see people dropping dead almost weekly now as a result of these Tasers being used out in the field by law enforcement," said Leno.

Taser guns, the brand name for stun guns, are currently used by hundreds of California police agencies. The devices are intended to shock suspects into submission by delivering 50,000 volts of electricity to the body. Local law enforcement officials insist the guns are safe when used properly by trained officers who abide by established protocol.

"If we can utilize a Taser and take someone into custody who otherwise we may have to use lethal force," said Sacramento County Sheriff Department spokesperson R.L. Davis. "In that way it is a way we can save lives. We don't have to use lethal force when bringing someone into custody."

Leno said in the past few months, there have been a dozen Taser-related deaths in Northern California alone. "Hair dryers have more regulations on them than Tasers right now," according to Leno.

The most recent incident happened last weekend in the small Merced County town of Delhi. Sheriff’s deputies were called because James Wathan, Jr. was causing a domestic disturbance. Deputies say Wathan became combative when they arrived and subdued him with a Taser shock. He died shortly after being hit by the Taser.

Authorities hope an autopsy will determine if it was the electric jolt from the Taser that killed Wathan or something else in his system.

Critics say the debate over stun guns won’t end until more information is known about their medical effects.

Leno’s bill would require law enforcement agencies to collect and compile information about their Taser gun use. His bill passed its first committee this week.
*ABC News Net Work*