Georgia Cops "Disciplined" for Beating Girl Trying to Record Them

A teenage girl who was trying to videotape her cousin’s arrest was beaten by two police officers in Georgia.

And it was all caught on the police dash cam video, which can be seen here because it is not embeddable.

The incident occurred last month but it is just coming to light now after the two officers were disciplined for excessive force; if you want to call “written counseling” and “additional use of force training” discipline.

It’s pretty much a slap on the wrist.

Meanwhile, the 17-year-old girl, Ciara Flemister, who had her head bashed into the hood of the police car, is facing felony obstruction and battery charges.

Flemister was trying to record the officers, who were arresting her cousin for playing loud music, which goes to show you these officers have pretty much nothing to do in the tiny town of West Point, Georgia.

The video shows Flemister clearly holding up a camera phone as she walks towards the police car.

That was when an officer grabbed her wrist, the same one holding the camera (beginning at 1:23 in the video).

She responded by kicking the officer, which prompted both officers to grab and toss her on the hood of the car, elbowing her on the back of the head and slamming her face into the car.

West Point Police Chief J.K. Cato acknowledged the officers were out of line in beating her, but said they had every right to arrest her because she had walked into their “safety zone.”

But the video doesn’t support that claim.

It shows her walking towards the police car with the phone, stopping in front of the car, then an officer walking up to her and grabbing her wrist.

It was obvious she was not a threat. In fact, you can’t even see the officers in the frame until they step in.

I recommend opening the video to fill your screen, then watching it frame by frame by using the pause button to really break it down.

If it is true she was too close for their comfort, all they had to do is order her to step back. Cops do this on daily basis.

The girl didn't do herself any favors by kicking the officer after he had grabbed her, leaving herself open for the felony battery charge.

But the fact that she was not obstructing in the first place would seem to make it an unlawful arrest in the first place.

But we know the courts will never forgive a citizen from physically confronting an officer.

Unfortunately, police are not held to the same standards.

 

Comments

Jim

Ok,
I have now watched this with everyone in the house, it is the consensus that she did not in fact strike the officer upon him grabbing her, you can clearly see him swing his right hand towards her right side, since he had her right arm she instinctively reacted and brought up her right leg in a defensive position, her foot does not go out until she is pushed down at which point it goes out for balance.

If she was within the safety zone she should be asked to move back to a specific distance or location, otherwise the police need to start setting up a barrier for their safety zone so that non psychics will know its location.
Then if we breach the safety zone it is done so knowingly and at that point they have the ability to arrest a person if they feel they need to.

The second he grabbed her wrist without provocation he lost qualified immunity as a police officer and any action taken after that is as a citizen and should be subject to the same rules as any citizen of the United States. Her fighting back was simple reaction to a perceived threat by the officer, cop or not you put your hands on me without provocation and I will feel threatened. I may be more in control and not immediately react, but she was a young child (maturity wise) it seems and reacted on instinct.

I hate to say it but I think because she is a person of color is why the officers acted as they did and the camera was just an excuse.

Jim

Normally I would disagree simply because I cannot read the cops mind, but in this case, the elbow to the face and the head smash both were seen as "piss me off again little girl" moves.

On a second note, the elbow to the head, as I recall due to the training the officers receive in hand to hand combat, is strictly forbidden. These people know that that hard elbow to the head can have lasting and detrimental results to the receiving party.
It honestly looked like he wanted to throw a punch but decided to couch it in a pretend "needed to get her arm" move which just happened to make her elbow combine with her face.

I will watch the video soon but I wanted to comment on this:

"On a second note, the elbow to the head, as I recall due to the training the officers receive in hand to hand combat, is strictly forbidden."

I've been to multiple LEO hand to hand classes and elbow strikes are not forbidden. Never heard that in my life. They are also not considered deadly force.

Jim

It is illegal in MMA, it is illegal in the NHL, they both know it can lead to a quick death.

I will have to research it (as last I read it was around 2005) but I am pretty sure I remember reading that the use of the 12 to 6 elbow strike to the head was not allowed.

I will see if I can dig up the cite, or concede that it may not be correct.

Either way, it is certainly uncalled for.

Pride and K-1 used to prohibit them but UFC has always allowed them.

I'm not sure that MMA rules are relevant to arrest techniques though. They allow fighters to choke an opponent until unconscious. This is prohibited by most if not all police departments. Should the police allow this since it is allowed by MMA rules?

In http://www.ufc.com/about/Rules under the Fouls section:

"9. Striking to the spine or the back of the head.
10. Striking downward using the point of the elbow."

If it's considered too dangerous for hardened professional fighters to do it, I think it's safe to say it shouldn't be used against a 17 year old girl.

So is it cool to use chokeholds then since the UFC allows them?

I guess I can't speak for everybody but I'd rather be put on a chokehold than get elbowed in the head. There's less probability for permanent damage when done right, which means you're stopping the flow of blood to the brain, not the flow of air to your lungs. You pass out pretty quickly, and if they stop right away after you pass out you'll just wake up with a bad headache. Not so with elbows to the head, you can get concussions, skull fractures, flesh wounds, and in the worst case scenario you could have some permanent brain damage.

I would be OK with police using it as long as they are TRAINED CORRECTLY on how to use it and as long as they REMEMBER said training.

Sorry for the double post.

The only good cop is a .......

Wait....there is no such thing as a good cop. "Good cop" is an oxymoron.

Jim

You know as well as I that there are good and bad cops. Being a troll will not win any points, we need to understand that just like in society there are all kinds of people, good and bad.

There are good cops, there are bad ones, we must out the bad ones and get rid of them so that the good ones can be seen more often.

Sorry - never heard of or seen a good cop. Prove they actually exist...

Well there is this story:

http://www.lompocrecord.com/news/local/article_ff784bce-4f96-11e0-8e23-0...

Seriously, try to use a little intelligence when you post.

Well I pretty much agree with the chief on this one. The officers were completely justified in arresting her. It's obvious to me that she kicked the officer and resisted. However I don't think the elbow strike was justified. I think the officer went to far with that. I think the two of them probably could have muscled her into cuffs. However if she began striking during this, the officers would have been justified in escalating the force.

The person who thinks it is racially motivated needs to put that overused card back in the deck.

Jim

Please explain why they were justified in arresting her?

Look closer, you can see she did not kick, she brought her knee up defensively.

You don't get walk up into the middle of a police stop like that. They had every right to control the scene.

She brought her knee up to strike the officer. Then she did hit the officer in the face.

Sorry but she needed to go to jail at that point for assault and resisting arrest.

Jim

Johnny,

you are correct in your reasoning for her arrest, but you must go back a little further, for striking and resisting certainly she must face those charges, but what brought on those charges?
She was video taping, the police officer had to walk up to her (which means he was out of his reach and certainly out of hers) in order to grab her.

So yes, she should stand in front of a judge for resisting and striking, of course, but only if those actions happen after a LEGAL stop or arrest, as she was doing nothing wrong the officer putting his hands on her was a clear violation of her 1st amendment rights and at that point any item after is tainted.

He illegally touched her, she had every right to defend herself.

I know you will of course say she was in the safety zone, the new catch phrase for police currently. The problem with that is, there is an easy answer to that, they order her to move, when she refuses THEN he can arrest her for refusing a lawful order. Until that point there is not shit they can do.

Sorry Johnny, you have to take into account the ENTIRE video in order to make a decision, not just the parts you want. This is a video, not the bible, no picking and choosing allowed.

And yes, I capitalized entire words, I want to make sure you understand I am emphasizing those words.

Jim,

No offense but I think you are making up rules as you go along. First you claim that elbow strikes are prohibited and now you are making up some legal requirement that the officer has to warn her before taking action.

This is not true. Any person with a lick of common sense knows that you don't walk up in the middle of a traffic stop and stand between the police car and the other vehicle. Heck, the police could have arrested her immediately for being in the roadway.

Police officers have the right to control the scene when they are taking their police action and they were certainly able to remove her from the roadway and their "safe zone" without having to give a warning.

I did some research and I couldn't find anything that said the public has the right to resist arrest in GA if they think it is unlawful. I did find this on a GA law firm website:

"The fact that an arrest may be unlawful does not constitute a defense to the offense of resisting arrest. However, a defendant may claim as a defense that excessive force was used during his or her arrest. This defense is similar to a self-defense claim."

I guess a judge will have to determine that if she tries to claim excessive force prior to her hitting the officer and prior to the elbow strike.

I also found this on another GA law firm website detailing when you can resist arrest:

"The law states that you can resist a false arrest but only under specific circumstances:

If you do not know that they are a law officer so you think you are being kidnapped
If you think you will be a victim of police brutality if you are arrested
If you think that the officer that is arresting you is an impersonator"

I don't think any of these apply in this situation.

Jim

I stated clearly that I was not 100% sure on the elbow strike, but I do plan to look it up.

There is also an issue that we do not know why the teenager was in the middle of the two vehicles, the video starts with her there.
So in reality the argument could go both ways.
Regardless of why she was there, or what she was doing (soda can in one hand, cell phone in the other, guess the gun was in her third hand), the officers still used an improper amount of force on a subject.
the elbow and the head smash were both retaliation by the police for perceived wrongdoings against them.
This is the same mentality you see in a bully who not only knocks his schoolyard victim to the ground, but also kicks dirt in his face then stomps on his head.

It is psychopathic behavior and it is scary to see people with access to weapons with that mentality.

No matter how you slice it or make up back-stories JL the simple truth of the matter is that the elbow strike and head smash were both excessive use of force.

Well Jim, if you had read my earlier comments, you would see that I have already stated I thought the elbow strike was excessive. We aren't debating that because we are in agreement. We are discussing your incorrect assumption that the police did not have the legal right to arrest the female in the first place.

I assume that your backpedaling to a previously agreed upon issue shows you concede your point about the arrest.

Are you saying that the cops can arrest without warning anyone who is "too close"--as arbitrarily defined by the cops on the scene? I've never heard of the area between cars on a stop being a place in which no one is ever authorized to go; indeed, I see cops talking to people in this zone all the time. For instance, in this well-known footage of a BS stop, the cop tolerates a cameraman being in the in-between zone:

http://www.youtube.com/watch?v=YCBZOdBqMgo

"Are you saying that the cops can arrest without warning anyone who is "too close"--as arbitrarily defined by the cops on the scene?"

Of course I am not saying that. Use some common sense and look at this specific scenario. This isn't some guy who was on the phone and mistakenly walking into a crime scene. This is a person who knew what was going on and intentionally walked right in the middle of a traffic stop because she was pissed off about it.

If someone crosses the crime scene tape by accident, you warn them. If they try to be a pain in the ass by attempting to disrupt your business, then you arrest.

The video you showed was irrelevant. Each stop is different with multiple factors. So what?

JL,

You wrote, “Any person with a lick of common sense knows that you don't walk up in the middle of a traffic stop and stand between the police car and the other vehicle…” This reads to me like a very broad condemnation of anyone who is in-between the police car and the pulled over car, but you also say that every stop is different and sometimes it’s OK for people to be in-between the cars during a stop. Your determinations of what’s permissible or not strike me as highly capricious.

Things seem to be obvious to you that aren’t obvious to me or most of the people who view this and other videos. If the charges against the girl are dropped it will be strong evidence that the view that this girl didn’t do anything threatening is far more, “common” than your view.

john is WRONG about resisting an unlawful arrest. state law may penalize for this action, but another word for unlawful arrest is wrongful imprisonment, another is kidnapping. the only reason police are not charged with these offenses is because they are police and ignorant (by state law) while citizens are NOT given this consideration.

john is WRONG about resisting an unlawful arrest. state law may penalize for this action, but another word for unlawful arrest is wrongful imprisonment, another is kidnapping. the only reason police are not charged with these offenses is because they are police and ignorant (by state law) while citizens are NOT given this consideration.

Sorry Johnny i am going to have to call BS on your apologetics this instance.

You're telling me that if i am walking down the street holding a camera, and i happen upon a scene where officers are arresting someone, and one of them runs over and grabs my arm, that i just need to comply with an unspoken rule that only cops know about? I'm not allowed to defend myself?

This is an INSANE request. I get that officers should be safe and whatever, but an officer of the law is not allowed to assault and batter someone for crossing their imaginary line without SAYING ANYTHING.

I'm trying really hard not to make any judgements of your character, here, but this doesn't look good coming out of anyone's mouth/fingers.

Gene,

You are deliberately misrepresenting my position. We aren't talking about some random guy walking down the street with a video camera. We are talking about a person who was upset about the arrest of her kinfolk and put herself in the middle of the incident.

Please try to stick to the facts instead of constructing strawman arguments.

I don't see where she is "in the middle of the incident."

Really? You didn't see that part where she walked over and stopped right between the cruiser and the car that was pulled over?

She was just video taping. Not interfering. There was no justification for her arrest.

So video tape from the sidewalk. Not in the middle of the street between the cop car and the subject car. I will never allow someone to stand in-between the cars like that on one of my traffic stops.

Plus I think it is illegal for pedestrians to be in the roadway anyway.

The rule of law must be upheld. If a cop holds out a camera and walks up close to a random citizen, and the random citizen grabs the cop's arm, what would happen to the random citizen?

From the dashcam video, it appears that the "girl" was assaulted first, by having the cop physically lay hands on her by grabbing her arm. Everything done by the girl after that first assault by the cop was covered by the principle of self-defense (though it certainly was ineffective and looked to me to be reflexive).

Remember that old case of John Bad Elk vs United States?

Jim

You state you think it is illegal, meaning you do not know, meaning that you would arrest someone without knowing if what they were doing is illegal.

jn

everyday i hope you pull me over with that bs you punk

Too many wrongs for anyone to be right.
As we are all commenting on the video I guess we should all look at the video. Too bad that there's no sound as you could hear any instructions, if any, that were issued by the police.
When you watch the video after the chief comments that his officers used excessive force you'll see the dashcam footage.
The young lady walked right up to the cop car. The officer did grab her hand and she reacted by pullin her hand w/the phone away ... reflex. She lifts he knee to keep space ... reflex. As the officer keeps coming she swings/punches at him with the hand that contains the soda can ... assault?
Pullin away and creating space are between you and someone else ar a lil different from throwing a punch or swingin.
LEO's are like regular people in some regards. The majority of them are decent or good folks ... then there are a number ... "unprofessional" is probably a kind way to describe them. A citizen who behaves in a similar fashion would be called triflin, a dumb@ss or an a##hole.
In the video it looks like there are 2 officers there. Maybe 1 of them should have been paying attention and advised the young lady and the other people in the video to keep there distance [ in the video there is another young lady who walks over but stops short ], ask JL what he would do if there were a group of people around and he was trying to arrest/question someone. Maybe they did. No audio to give a hint one way or the other.
If the young lady doesn't walk up to the car, if she stays where she was, does this happen? If the officer talks to her and gives her achance to step back, before touching her, does this happen? If she doesn't pull back, does it happen? What if anything does officer #2 say, or does he just grab her?
I live in D.C., and there are a number of different LEA's in the city. Only time I ever get close to them is when they are talkin to me. Otherwise I keep my distance. I've watched a few encounters over the years, and I watch from a distance. If/when it involves someone I know and I got something to say or a question to ask, I wait, make sure that I am seen and say excuse me. I don't do anything that can make a bad or stressful situation worse.
If I had a camera or a phone to take pics or video, I can do that from 15 to 20 feet away. Not less than 10
feet, as BAD THINGS CAN HAPPEN.

LJM

Just a reminder that those who are discussing this with Johnny Law. Johnny Law believes that there's "absolutely nothing wrong" with the way this person was arrested.

http://www.denverpost.com/ci_15772710?source=email

So, according to Johnny Law, there's "absolutely nothing wrong" with giving a concussion to a suspect who isn't resisting arrest. Take that into consideration when deciding whether or not it serves any constructive purpose in discussing the use of force in law enforcement with him. Personally, I equate it with discussing geology with a young earth creationist.

Who knows, maybe JL will at least be able to admit that the thugs in the video above shouldn't have lied in their reports.

http://www.denverpost.com/breakingnews/ci_17700839?source=rss

Poor LJM can't discuss any current incident so he has to resort to sounding like a broken record.

Yep the force used was correct but they shouldn't have lied on the report. LJM, you seem to have a personal stake in that incident. Where you the punk on the phone that wouldn't listen to the commands of the police and pushed an officer prior to the video?

CARLOS, just wanted to give you a shout out as I think your site is great.
It's one of the things I check whenever I use my computer.
Keep up the good work!

I find JL’s arguments pretty disturbing; that he may be legally correct is even more disturbing. Apparently:

A) Officers have the authority to arbitrarily define the appropriate distance from which one can observe and/or film them.

B) Officers are not required to issue verbal warnings before physically pushing/shoving/grabbing you to remove you to an arbitrarily defined appropriate distance.

A and B together mean that any officer can push/shove/grab you at any time with no warning.
Additionally, apparently, resisting in any way is also a crime. The only thing he’s apparently willing to concede is that the cops can’t proceed to elbows and other strikes unless you offer at least some resistance.

As far as LEO's go, I was under the impression that to some degree they have a bit of leeway in choosing how they deal with any number of situations.
Some are polite, professional and informative when dealing with the public. Others aer crude, rude and treat the public as though they are an irritant. I honestly believe that the latter are the minority. Their behavior at times is so bad, that it makes you wonder a number of things. You also wonder why the"good cops" don't police the bad ones.
Kind of like everyday people.
Something I see when I read this site is that LEO's should be held accountable for their behavior as they perform what is arguably a very tough job.
If they do their job correctly, they don't have a lot to worry about. When they are ignorant of the laws that they are to enforce, then it becomes a problem. When they are unprofessional in that same situation, it makes it worse.
This blog usually contains lots of images/video of LEO's and security officers doing things in a illegal, immoral or at the least unproffesional matter.
But some of the conduct of the everyday citizens is not legal, confrontational and plain stupid at times.
Would you have done what the young lady did in this video?
Would you have stood and watched your mom, sister, wife or daughter do it, w/o being the voice reason? And then complained about how she was treated?
I figure if the public is in conrol of themselves when dealing with LEO's, it will be a lil easier to hold em accountable.
If they had compliance from those they deal with on a consistent basis and then acted up, it would establish a pattern and probably aid in improving the behavior of LEO's.
My question for JL would be how often his peers in his department "police" themselves.
One bad aaple ruins the bunch.

john law is right from a procedural point of view. however, police policies and priocedures ARE NOT LAW. this means they are not as defense in any court.
an unlawful arrest, and unlawfully obtained warrants, mean the arrest or warrant do not exist. this means the officer could be charged with (age depending) child abuse, kidnapping, wrongful imprisonment, witness intimidation, and if the phone was seized up to grand theft, armed robbery and evidence tampering ( if the phone data was erased). this does not happen, though the law is supposed to apply to all equally (includibng law enforcement officers) because of the power of police unions and the political influence of the law enforcement community.

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