Cop To Citizen: "If You Take My Picture Again, I'm Going To Fucking Break Your Face"

 

A police officer from the Niagara Frontier Transportation Authority in Buffalo walked up to a citizen who was filming him and threatened to "fucking break" his face.

The cop said he was speaking "not as a police officer, but as a person."

The only problem is, the sonofabitch was in full uniform with a police dog in tow.

The incident took place Thursday in the Square in downtown Buffalo after a fight had broken out. No further details are available at this point.

But the video speaks for itself.

 

Comments

Man, very nasty words from policeman!!! I will be scared the next time I try to take pictures:(
Chris Harris
Risk Management Consultants

Carlos Miller - Photography is Not a Crime
Pixiq Expert

I bet this idiot cop didn't realize it was actually video and not still photos.

Cops = thugs with badges. That's all there is to it.

Bring it!

Stupid move = Desk duty for month

at :36 you can almost read his name. Maybe somebody with better eyes.

So if he's saying it as a person and not a police officer (as if he has that right) then it's a clear case of terroristic threatening

Luc

He is a real tough guy with his badge gun and attack dog.

In his spare time he probably tortures puppies and Kittens to show them who's boss.

Thugs like this need to be jailed to protect humanity.

An Agent of the ruling thug class.

You should know that the training of a police dog pretty much involves torturing the animal into submission. So he does not do it on his spare time our taxes pay for it.

The main behavioral difference between a domesticated and a wild dog is that the domesticated animal is willing to give all humans the benefit of the doubt, while the wild one is highly untrusting, and treats each individual human as an individual trust/attack decision. This is why keeping wild animals as pets is often illegal; Not because it's dangerous to the owner, but because it's dangerous to everyone else.

Domestic dogs, with their inherent trust of humans, are imminently bribeable. You give them food and they give you their friendship. At the most basic level, this is why humans domesticated dogs in the first place, and why we keep them around to this day. But this isn't such a desireable trait in a police dog, as you don't want them to let a suspect go because the suspect handed the dog a strip of beef jerky.

The way you condition a dog to refuse to be bribed, is to have "safe" people, that is, people wearing police uniforms, feed the dog. Then you have well-armored trainers dressed in street clothes feed the dog, and if the dog takes the food, the trainer punishes or even beats the dog. Over time, the dog comes to associate frind/food with the uniform, and enemy/pain with the absence of it. If someone not in a police uniform offers food to a dog trained that way, the dog will strike to kill, because the dog sees the offering of food by an enemy as the prelude to an inevitable attack.

This is why you NEVER see a police dog unattended. Because if their handler isn't there to intervene, and a little kid comes up to "give the doggie a treat", Very Bad Things™ will ensue.

I sent a short email to the agency.

this is assault, plain and simple.

"The act required for an assault must be overt. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be sufficient if it causes a reasonable apprehension of harm in the victim."

citation?
I have been told by both the police and several lawyers that if one feels threatened with words such as "I will break your fucking face" or similar, and the person fears that the act will be imminently carried out, that is often enough for an arrest of the individual doing the threatening.
I would posit that the presence of a gun and a K9 unit are both indications that the officer had "ability to carry out the threat". As well, by stating for the camera that he was acting "as a person, not as a police officer", his actions could not have been justified force in the pursuit of his duties as a law enforcement officer. He acted well outside the confines of the law in several respects, and I stand by my assertion that if I were in the cameraman's shoes, I would report it as an assault.

I believe Nathan is exactly right on this. It not only rises to the level of assault but an aggravated assault.

Yea sure.........

He also most likely has a night stick or some other club type weapon to carry out his threat with. If I was out in public "speaking as a person" with a baseball bat over my shoulder and said that to someone I'd probably be doing time at least in the county jail in the not too distant future.

I'd also never get a permit to carry a concealed weapon again and end up as a prohibited person for firearms ownership.

But this guy is a "trained" police officer that seems like he might possibly have some anger issues. So he will most likely get a pass because he's just having a bad day with the stress of being on the job and all.

And yet... tuna fishermen, roofers and even fire fighters don't get a free pass for having a bad day, despite their jobs being more dangerous than police work. Odd, that.

I don't know the specific laws NY but I would imagine that like Florida where I live making a credible threat will being visibly armed with a firearm and a trained attack dog would easily constitute an aggravated assault.

I don't care what this guys previous accomplishments may or may not have been he should be arrested and tried as a common criminal. Losing his job should not even be open for debate.

"Then as a person you're under citizen's arrest for assault and impersonating a police officer."

Interestingly, in many jurisdictions, it's illegal to disarm a uniformed police officer, even if he's under citizen's arrest. But in a fair number of those, if he draws his weapon after the arrest, he can legally be disarmed. But not until he attempts to resist.

It would be classy to give some credit to the original upload by ithadvideotoo on youtube.

yeah cause no one knows if you click on the video itself it takes you to the youtube page.

The annoying part is that it was wrapped in a container by either carlos or pixiq that threw an ad up in front before disappearing and showing the youtube player.

This is pretty much the attitude most cops have, and the reason lots of us groan when johnny law speaks up. Just because it's so rarely on camera, doesn't mean this isn't how the citizenry is treated daily.

I've heard a cop tell my friend "If you're fucking lying to me i will FUCK YOUR WORLD!"

WMS

When are the Police going to realize that they are not above the law. OH wait considering how seldom there is any prosecution of things like this they just may be.

This is just so far from being legal that there can be no possible justification. And you cannot legitimately claim you are speaking as just a citizen in uniform with your dog.

And to Stacky, while words alone don't usually rise to actionable, the courts HAVE ruled that they can be. It is clear that this officer commited several crimes, either official oppression or terroristic threats and assault.

As others have stated, these videos are not the exceptions, this has been going on for decades, its just now with the widespread availability of video cameras that the rest of us can see how bad these officers are acting.

Is it any wonder why fewer and fewer people respect the police and they are getting assaulted more? Not saying all the assaults are justified but some are. For example, you grab my camera I swat your hand away, assault, justified, but I still assaulted you. So not I'm the criminal. So when you count things like that, yep, assaults are up. I've never been arrested or in any real trouble, but I have seen some pretty over the top and illegal behavior from cops that leads me to have very little respect for them. As a profession, very little, individually, more so.

I've seen cases on COPS that I have to wonder, where is the probable cause? Why are you hassling that guy? And you are pissed because he didn't do what you told him to do? But you didn't order him to do anything you had a right to..

And those are just state crimes. Up at the federal level is 18USC242, making it a federal crime to use official authority (such as what a police officer has) to infringe upon or deny civil, statutory or constitutional rights. Simple verbal warnings without any coercion are worth a year in federal prison under 18USC242.

Threat of violence, such as an offer to break someone's face is considered, under the law, to be the same as actual violence, both of which elevate the crime to 10 years in federal prison, a felony by any estimation.

If the victim is a minor, or the violence actually used is sexual in nature, or anyone dies as a result of the denial of rights, the crime escalates to a capital crime, punishable by execution or life in federal prison (and since there's no parole from the federal system...)

Good post Elliott

Tim

If i'm not mistaken this is NFTA officer David Capretto. Google search seems to confirm this, and seems to match the name on the badge. Or at least what i could make out from the video.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

You might be right but it's still hard to make out the name on my screen, but it does appear close to Capretto.

Thanks!

If it is him seems he is not above abusing the city as well as it's citizens.

There is a PDF online from the NFTA that lists him as an abuser of the system.

NFTA -Years of Double Dipping by Transit Police Officers

Wonder what kind of real[?] press coverage this is going to get.

Worthless piece of shit, hope he is the next punk ass cop I hear about in the news that gets clipped in the line of duty! Bet that fat ass P O S wouldnt say squat if it wasnt for that stupid badge.

www.hide-your-ip.at.tc

Easy wotzoo...

Then "AS A PERSON" you can be charged with your actionable threat and simple assault. right?

I just called the NFTA, speaking with their public relations person, “Mike.” I explained that I am 57 years old, and that Niagara Falls and the surrounding area WAS on my “bucket list;” but given the horrible treatment that I saw by the one officer, I am frankly scared to come to the area. To harass someone for doing something perfectly legal is not only wrong, but it paints a picture of Niagara as a place to stay away from!.

Mike responded that mine was not the first call they have received today, but it was one of the furthest (I am in Virginia Beach VA). I asked if they had identified the officer, he said yes, but that was all he could say. He went on to extoll the virtues of the area, but I told him that if the “rent-a-cops” are like that, and can get away with it, what are the real cops like?

He agreed, and went on to say this was an “isolated incident” and that it was being dealt with. He seemed genuinely impressed that I took the time to call. He did say that they have seen the video, and are as shocked and appalled as many of the callers have been.

I think they are getting our message!

Cheers!
Tom

Tom ? PD BBS ?
Wow, small world

Yes, ScottBee - the originial online "Tom Terrific." I gather you were either a member or knew of me?

Actually we met a few times.... You used to run some software from Greg and I.

You should be able to email me at [firstname]@[lastname].com

---
* SLMR #2 - On a clear disk you can seek forever

Tried scott@bee.com,; that failed. Try me at:
tom at imagesbytom dot com

Tom

Update on this article
From Injustice Everywhere http://www.injusticeeverywhere.com/

The Niagara Frontier Transportion Authority officer in NY who is seen in the above video has been suspended for 2 days for cursing at & threatening the man who was taking that video of him last year.

why wasn't the cop charged with making terroristic threats and harassment??????

Tim

The actions of that NFTA cop does not surprize me one bit at all. I myself personally know how arrogant they are. Additionally, a 2 day suspension is a slap in the face to any average Joe or Jane of Buffalo.

the pig is wearing the miracle bracelet.......HA HA HA HA...I wonder if he believes in Santa Claus also

the cop is wearing the miracle bracelet.......HA HA HA HA...I wonder if he believes in Santa Claus also

the cop is wearing the miracle bracelet.......HA HA HA HA...I wonder if he believes in Santa Claus also

the cop is wearing the miracle bracelet.......HA HA HA HA...I wonder if he believes in Santa Claus also

Lou

Alright so I know I'm gonna get flak for this. But you know if this was a cop filming someone for minutes on end then everyone would be complaining that big brother needs to leave them alone. So where's the fine line between filming and stalking.

False argument. Our gov't is not equal to us, we are superior to it. Secondly, a public servant while engaged in the course of his duties does not have any expectation of privacy, so it cannot be considered "stalking" in any shape way or form.

We, as citizens, are the watchdogs of our government...it's our job. We never granted our created gov't the authority to abrogate the rules we gave them to follow...our Constitution.

Hope you can understand this.

As long as police officers obey the laws they are sworn to enforce they deserve our support and respect. Police officers MUST be held to a higher standard as they are allowed to bear arms and arrest those who break the law. When a police officer breaks the law he or she deserves neither respect or support. Breaking the law they are sworn to uphold breaks the publics trust in them. Every police officer should understand that acts of lawlessness by police officers destroys the community support they rely on to do their job. Unfortunately many officers have an unbreakable 'us against all of them' attitude when it comes to civilians. If people will push for better laws that protect 'innocent law abiding citizens' rights,perhaps we will see a lot fewer examples of officers feeling they are above the law.

A perfectly reasonable sentiment.

Agreed. Well said kjohns.

Hey look everyone, I found an intelligent person on the internets !!

(well said)

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