Yeah. More video cameras is a good start, and some (more) case-law confirming the right to defend oneself from assault under color of authority wouldn't hurt, either.
Pigs WILL be pigs and nothing can be done about that.
Under Texas law, in order to be guilty of interfering with an officer you have to interpose your body between the officer and the object of his/her investigation. As long as all you do is stand to one side you have not interfered.
The Statute on Harassment of a Public Servant is as follows: Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an offense if, with the intent to assault, harass, or alarm (emphasis mine BC), the person: (2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty. (b) An offense under this section is a felony of the third degree. (c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section. (e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. (NOTE: this section also covers harassment of correctional officer but I deleted those sections for clarity and brevity)
A 3rd degree felony is puniishable by not less than 2 and not more than 10 years in Prison or a fine not to exceed $10,000 or both.
I do not look for the County Attorney to actually prosecute this case. The prosecution has to prove beyond a reasonable doubt that the proscribed conduct took place. Given that Austin is sorta a little island of transplanted Kalifornians, this might not be hard to sell to the jury depending on where they live in Travis county.
The prosecution also has to prove the required "Culpable Mental State" - in this the the spitting has to be proven to have been intentional. Both men were shouting so it is very easy to imagine that Mr. Buehler might accidentally have spit upon the officer - who very likely gave Buehler something of a spit shower himself. The prosecution will have to PROVE that Buehler spat in the officer's face intentionally.
And lest any think that getting 2-10 or up to $10 grand for spitting in a cop or corrections officer's face is too harsh, remember that saliva can carry enough HIV virus to infect someone with an very deadly disease.
Brave new world; who needs probable cause or Reasonably Articulated Suspicion. Just bust who ever you feel like busting, Internal Affairs wil1 either fix it or make it disappear.
I just watched this entire video reel. The actions of the Austin cops are amateurish and deplorable. By the way, isn't Agent Diaz in prison for allegedly raising the cuffed arms of an illegal alien drug smuggler who had been carrying a 75 lb bale of pot?
Not to take anything away from this obvious LEO thuggery and kudos to the guy for standing up to them.
An MBA from Stanford and he moved to Austin to teach middle school? I would love to know that back story. Also I really liked his D'Anaconia Copper T-Shirt from the second interview. Just what I saw I bet I would love his politics.
The only comment I have for this: When the shooting starts, those peace officers that support and defend the Constitution need to identify themselves as such or not be in the fore front.
When the police enforce laws in such a way that is now gestapo tactics, the situation becomes "weapons free".
Note to the two heavy handed cops in the video: You failed miserably to pay attention to your surroundings. The situation could have been quite different if that had not been a video camera but something else.
Joker: I can't help but think how much trouble these pigs would have been in had this Hero chosen to actively resist them.
No doubt they took one look at him and figured they could do whatever they please - nothing about his appearance telegraphs "West-Point Grad/Ranger/Stamford MBA"... That might be a lesson to a real Peace Officer not to judge a book by its cover, but sadly pigs never learn...
Cyborg: "Pigs WILL be pigs and nothing can be done about that..."
Sadly, nothing WILL be done - but there's MUCH that *COULD* be...
'Nuff said...
Cederq: Did you notice his "d'Anconia Copper" T-shirt? LOVE IT!
Anon: Yes... The Obama regime puts ICE agents in jail for doing to illegal/foreign/criminals what local pigs do to WOMEN (as illustrated here) every day.
Ain't that a hoot?!
Overall, I WELCOME such abuse, and hope pigs everywhere continue to escalate!
My favorite lie from the APD spokesman, was the claim that Buehler got directly in the officer's face, and the officer "may have placed his hand on his chest" to get him to back away.
The video shows Buehler was backed all the way up against his truck, leaning back with his arms raised, when the cop shoves him hard with both hands.
I'm Facebook friends with him, and he is pissed. He's in for the fight on this one.
I am a little naive... I did not recognized the t-shirt as belonging to an Oath-keeper group. More power to him! On a side note today, Glencoe, Al cops where out doing their thuggish driver's license security check and asked why I had South Dakota plates still on my truck, I looked at him, a pregnant pause and asked him if I was free to go, he handed me my state issued permission slip and I drove away slowly. I stole a glance at his name and badge number for my scrap book.
99 per cent of uniformed pigs give the other one per cent a bad name. I kinda wish that Antonio had shown these inbred sons of bitches what a Ranger can do to a couple of sacks of shit like them.
Maybe being cold cocked and stuffed into their trunk would have been fun. Especially if the car went over a small hillside.
Punks and gutless bastards... beating women is probably what it takes to get them off. No doubt they went back to the station and found comfort in one another's arms after their scary evening!
Cederq, The D'Anconia Copper T-shirt is not an Oath Keeper shirt but a reference to an Ayn Rand character from "Atlas Shrugged". I believe Pioneer Preppy spotted it first in the thread. Tal
By the way, isn't Agent Diaz in prison for allegedly raising the cuffed arms of an illegal alien drug smuggler who had been carrying a 75 lb bale of pot? January 6, 2012 2:29 PM
Evidently it's OK to treat American Citizen's like that but not Illegal Drug Smugglers! How FUCKED UP is this country becoming?
Will someone start the shooting already for fucks sake!!!
"Especially if the car went over a small hillside."
I used to live about a block from the location in which the video was shot. Unless they've filled it in, there's a small creek about a block east of Lamar down by 10th St. It's not very deep, but it would be tough to get a car out of.
I, too, am glad CPT Buehler had the sense to restrain himself. He has a business there, and he lives there, so having most of the APD on his case would not be a good thing.
It might be amusing if he were invited to the APD gym for a DT (defensive tactics) lesson. I'm sure at least two guys would be very surprised at what they could learn from him. Surely they wouldn't volunteer to help with the demo, and I doubt he'd choose them from the class.
Yeah, right. It'd be like the old Catholic school scene, with the priest picking up a wise-ass by one arm and carrying him to the gym, "Come along, now Tommy, it's time for your boxing lesson."
This abusive and violent "policing" happened in liberal Austin, TX. A couple of months ago here in NC, we were treated to one of the more absurd uses of police force in liberal Chapel Hill, NC. The Chapel Hill SWAT team (huh, they have one in Chapel Hill?) was used to evict Occupy demonstrators from an abandoned building. Poetically, a reporter and photographer were on the scene, got caught up in the fracas, and great pictures were taken of the SWAT boys in full body armor, helmet, aiming M-16s-- the whole paramilitary bit. Reminded me of the pictures from the Elian Gonzales abduction during the Clinton/Reno reign.
One wonders how often stuff like this happens when cameras are not there. My hunch: often. And I find it strangely consistent that "policing" in leftist areas would over-react with uber-violent lunacy such as these examples.
I've said this before on this site, but someday I'm going walk upon a cop in a life threatening situation with some fellow gangsters on the other side of the spectrum. I will do an about face and walk the other way saying over my shoulder, "It's your tree, yer sitting in it."
It is clear soon we all must leave the porch. The abuse those POS pigs did to that girl and Antonio are beyond the pale of even color of law. Not that I am motivated, but I'd point out to those POS pigs that they have to go home sometime and it is easy to find their residences if one is motivated enough. HTF is APD Chief Art Acevedo going to spin this one?
24 comments:
Yeah. More video cameras is a good start, and some (more) case-law confirming the right to defend oneself from assault under color of authority wouldn't hurt, either.
Pigs WILL be pigs and nothing can be done about that.
Under Texas law, in order to be guilty of interfering with an officer you have to interpose your body between the officer and the object of his/her investigation. As long as all you do is stand to one side you have not interfered.
The Statute on Harassment of a Public Servant is as follows:
Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARASSMENT OF PUBLIC SERVANT. (a) A person commits an offense if, with the intent to assault, harass, or alarm (emphasis mine BC), the person:
(2) causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant's official power or performance of an official duty.
(b) An offense under this section is a felony of the third degree.
(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section.
(e) For purposes of Subsection (a)(2), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant.
(NOTE: this section also covers harassment of correctional officer but I deleted those sections for clarity and brevity)
A 3rd degree felony is puniishable by not less than 2 and not more than 10 years in Prison or a fine not to exceed $10,000 or both.
I do not look for the County Attorney to actually prosecute this case. The prosecution has to prove beyond a reasonable doubt that the proscribed conduct took place. Given that Austin is sorta a little island of transplanted Kalifornians, this might not be hard to sell to the jury depending on where they live in Travis county.
The prosecution also has to prove the required "Culpable Mental State" - in this the the spitting has to be proven to have been intentional. Both men were shouting so it is very easy to imagine that Mr. Buehler might accidentally have spit upon the officer - who very likely gave Buehler something of a spit shower himself. The prosecution will have to PROVE that Buehler spat in the officer's face intentionally.
And lest any think that getting 2-10 or up to $10 grand for spitting in a cop or corrections officer's face is too harsh, remember that saliva can carry enough HIV virus to infect someone with an very deadly disease.
Brave new world; who needs probable cause or Reasonably Articulated Suspicion. Just bust who ever you feel like busting, Internal Affairs wil1 either fix it or make it disappear.
Mike, I wonder if this fellow will become a very effective resistance leader being a Ranger and an Officer, will he honor his oath?
Cederq
Kevin Cederquist
I just watched this entire video reel. The actions of the Austin cops are amateurish and deplorable. By the way, isn't Agent Diaz in prison for allegedly raising the cuffed arms of an illegal alien drug smuggler who had been carrying a 75 lb bale of pot?
Not to take anything away from this obvious LEO thuggery and kudos to the guy for standing up to them.
An MBA from Stanford and he moved to Austin to teach middle school? I would love to know that back story. Also I really liked his D'Anaconia Copper T-Shirt from the second interview. Just what I saw I bet I would love his politics.
The only comment I have for this: When the shooting starts, those peace officers that support and defend the Constitution need to identify themselves as such or not be in the fore front.
When the police enforce laws in such a way that is now gestapo tactics, the situation becomes "weapons free".
Note to the two heavy handed cops in the video: You failed miserably to pay attention to your surroundings. The situation could have been quite different if that had not been a video camera but something else.
Joker: I can't help but think how much trouble these pigs would have been in had this Hero chosen to actively resist them.
No doubt they took one look at him and figured they could do whatever they please - nothing about his appearance telegraphs "West-Point Grad/Ranger/Stamford MBA"... That might be a lesson to a real Peace Officer not to judge a book by its cover, but sadly pigs never learn...
Cyborg: "Pigs WILL be pigs and nothing can be done about that..."
Sadly, nothing WILL be done - but there's MUCH that *COULD* be...
'Nuff said...
Cederq: Did you notice his "d'Anconia Copper" T-shirt? LOVE IT!
Anon: Yes... The Obama regime puts ICE agents in jail for doing to illegal/foreign/criminals what local pigs do to WOMEN (as illustrated here) every day.
Ain't that a hoot?!
Overall, I WELCOME such abuse, and hope pigs everywhere continue to escalate!
The more they do, the more people are awakened.
Ergo, I hope they continue to escalate!
Cederq,
Not coincidentally, Antonio is a member of the Greater Austin Area Oath Keepers.
Jay Stang
This is the result of authority without accountability. How do we hold these thugs accountable?
Anthony is an Oathkeeper and Ron Paul supporter.
http://www.youtube.com/watch?v=B-glead03gk
My favorite lie from the APD spokesman, was the claim that Buehler got directly in the officer's face, and the officer "may have placed his hand on his chest" to get him to back away.
The video shows Buehler was backed all the way up against his truck, leaning back with his arms raised, when the cop shoves him hard with both hands.
I'm Facebook friends with him, and he is pissed. He's in for the fight on this one.
Dedicated Dad, Stang,
I am a little naive... I did not recognized the t-shirt as belonging to an Oath-keeper group. More power to him! On a side note today, Glencoe, Al cops where out doing their thuggish driver's license security check and asked why I had South Dakota plates still on my truck, I looked at him, a pregnant pause and asked him if I was free to go, he handed me my state issued permission slip and I drove away slowly. I stole a glance at his name and badge number for my scrap book.
Cederq
Kevin Cederquist
99 per cent of uniformed pigs give the other one per cent a bad name.
I kinda wish that Antonio had shown these inbred sons of bitches what a Ranger can do to a couple of sacks of shit like them.
Maybe being cold cocked and stuffed into their trunk would have been fun. Especially if the car went over a small hillside.
Punks and gutless bastards... beating women is probably what it takes to get them off. No doubt they went back to the station and found comfort in one another's arms after their scary evening!
Time to respond like the medievals did.
Form our own posses.
Travel in convoys.
Take care of your own.
We outnumber the goons 10,000 to 1 or more.
Behave like THUGS and then lie about it. It always worked before...
First the cops now the Paramedics.
http://www.dallasnews.com/incoming/20120106-connecticut-paramedic-accused-of-raping-patient-inside-ambulance.ece
Cederq, The D'Anconia Copper T-shirt is not an Oath Keeper shirt but a reference to an Ayn Rand character from "Atlas Shrugged".
I believe Pioneer Preppy spotted it first in the thread.
Tal
Anonymous said...
By the way, isn't Agent Diaz in prison for allegedly raising the cuffed arms of an illegal alien drug smuggler who had been carrying a 75 lb bale of pot?
January 6, 2012 2:29 PM
Evidently it's OK to treat American Citizen's like that but not Illegal Drug Smugglers! How FUCKED UP is this country becoming?
Will someone start the shooting already for fucks sake!!!
Cocked, Locked and READY to rock!!
HammerHead Out!
Fucking NAZI cops!! OUT OF CONTROL maniacs.
"Especially if the car went over a small hillside."
I used to live about a block from the location in which the video was shot. Unless they've filled it in, there's a small creek about a block east of Lamar down by 10th St. It's not very deep, but it would be tough to get a car out of.
I, too, am glad CPT Buehler had the sense to restrain himself. He has a business there, and he lives there, so having most of the APD on his case would not be a good thing.
It might be amusing if he were invited to the APD gym for a DT (defensive tactics) lesson. I'm sure at least two guys would be very surprised at what they could learn from him. Surely they wouldn't volunteer to help with the demo, and I doubt he'd choose them from the class.
Yeah, right. It'd be like the old Catholic school scene, with the priest picking up a wise-ass by one arm and carrying him to the gym, "Come along, now Tommy, it's time for your boxing lesson."
This abusive and violent "policing" happened in liberal Austin, TX. A couple of months ago here in NC, we were treated to one of the more absurd uses of police force in liberal Chapel Hill, NC. The Chapel Hill SWAT team (huh, they have one in Chapel Hill?) was used to evict Occupy demonstrators from an abandoned building. Poetically, a reporter and photographer were on the scene, got caught up in the fracas, and great pictures were taken of the SWAT boys in full body armor, helmet, aiming M-16s-- the whole paramilitary bit. Reminded me of the pictures from the Elian Gonzales abduction during the Clinton/Reno reign.
One wonders how often stuff like this happens when cameras are not there. My hunch: often. And I find it strangely consistent that "policing" in leftist areas would over-react with uber-violent lunacy such as these examples.
I've said this before on this site, but someday I'm going walk upon a cop in a life threatening situation with some fellow gangsters on the other side of the spectrum. I will do an about face and walk the other way saying over my shoulder, "It's your tree, yer sitting in it."
Mike:
It is clear soon we all must leave the porch. The abuse those POS pigs did to that girl and Antonio are beyond the pale of even color of law. Not that I am motivated, but I'd point out to those POS pigs that they have to go home sometime and it is easy to find their residences if one is motivated enough. HTF is APD Chief Art Acevedo going to spin this one?
Pickdog
III
Those Austin cops were being cockblocked-yes they will blackmail cute drunk chicks with a DUI to get sex.
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