Cop Disciplined For Threatening Student Video Recording Him
The UMass Lowell cop who told a student recording him to "shut that fucking thing off before I slap you" has been disciplined.
But it is not clear just how he was disciplined.
Cop Block contributor Dr. Q has been in contact with UMass Lowell Police Chief Randolph Brashears, who confirmed the officer was disciplined.
Brashears even identified the cop, which is something many departments will not do.
But he has not provided details on just how officer Norberto Melendez was disciplined.
However, Dr. Q is being persistent about the matter.
Unless he is transparent enough to say how the officer will be disciplined, there’s no reason for us to believe that he has actually done anything. Even if the officer is disciplined, we can’t gauge whether the discipline was appropriate unless we know how he was disciplined.
Since I believe that Chief Brashears hasn’t been sufficiently transparent about this incident, I decided to send a public records request to his department. I sent out two copies of the request. One was a physical copy that I sent through traditional mail. The other was an electronic copy that I sent via email.
We'll keep you posted.
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Comments
Clear cut case of assault. If I were that kid, I seriously consider filing charges knowing the cop will not be punished, _this time_. Eventually, if the cop gets enough convictions, he will have to go back to being a security guard.
A threat of assault, yes. But I don't see any actual assault.
Jan, generally speaking, "assault" is a threat, not an action.
Hmmm ... here in Florida a verbal threat alone isn't enough - there needs to be some overt act (say taking a swing at someone - not necessarily connecting.)
I did some quick googling for the relevant Massachusetts statute and while I didn't find the precise text the discussions I found seem to indicate your interpretation is right:
for example http://www.delsignoredefense.com/lawyer-attorney-1588955.html
"The definition of an assault, under Massachusetts law, is that a person was in imminent fear of bodily harm. With an assault charge, the alleged victim was not struck, but claims to have been in fear that they were going to be struck or threatened with bodily harm."
(As an aside - this seems awfully broad to me. All sorts of entirely innocent behavior could conceivably cause a sufficiently nervous person to fear imminent bodily harm.)
Perhaps in your state, that is true. But it's not true in every state.
In some states, assault is a synonym to battery. In others, they are separate crimes. In some states, assault is an attack without causing injury and battery is causing injury. In others, any attack is assault. In still others, a verbal threat can be assault, and battery only occurs when an actual attack takes place.
You can't definitively state that a threat isn't assault, because in some places, it is.
Battery is the term used when they actually hit you
Wrong. Battery is the term used when they actually hit you in some states. I would assume, based on your statement, that that's how your state describes it. But not all states do that.
In some states, you can kill someone with an act of assault and never batter them, for example. Every state has differently worded laws on the matter.
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