The news is out: [HOUSTON, Texas (KTRK) — The Harris County District Attorney’s Office will determine whether a sheriff’s deputy should be charged with a crime for knocking a man to the ground after encouraging the man to slap him.
The deputy involved did not have his body camera on at the time, according to the Harris County Sheriff’s Office. ABC13 Eyewitness News obtained video that was recorded on another deputy’s body camera.
The incident happened Sept. 30, 2018 outside an IHOP on the Katy Freeway. Deputies were there for a disturbance. One deputy became engaged with a 61-year-old man.
“Get it off your chest. Slap the (expletive) out of me and get it off your chest,” the deputy is heard saying. “I’m giving you permission to slap the (expletive) out of me and get it off your chest and see what happens.”
The man’s slap is followed by a more forceful one from the deputy that knocks him to the ground.
ABC13 is not identifying the deputy or the man because no one is charged with a crime.
“Get up. That was stupid,” the deputy says. “That was (expletive) stupid.”
The man was handcuffed, taken to jail and charged with interfering with duties of a public servant. The next day, the charge was dismissed.
A magistrate found no probable cause, according to court records.
“Look at that size difference,” said Larry Karson, an associate professor of criminal justice at the University of Houston-Downtown and retired federal agent, as he watched the video.
“He was looking to set him up so he can arrest him, and that’s what he did. And, all of that, if not illegal to be determined by the district attorney, is going to be in violation of departmental policy,” said Karson. “I’m sure there’s a back story but it still doesn’t justify the action. He’s supposed to be able to handle that.”
The deputy has been on active duty ever since and has faced no disciplinary action.]
-These are the idiots with guns and badges parading their egos on the streets of this country. And the geniuses in charge haven’t charged him with an offense yet. This story is wrong on so many levels. Violating a citizen’s constitutional rights, abuse of the elderly, fruit of the poisonous tree. Hell, this cop, like so many others, violated his oath of office.
-It is stated that the cop “was looking to set him up so he can arrest him, and that’s what he did.” If the idiot remembered anything from his days at the police academy, it’s called “fruits of the poisonous tree”. The arrest has NO STANDING in a court of law, because it’s based on a lie.
-Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
–TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
–PUNISHMENT: Penal Code Section 149 punishes public officers who unlawfully beat or assault any person under color of authority but without lawful necessity.
Officers who use excessive force may qualify for prosecution under Section 149.2
Punishment under Penal Code Section 149:
A fine of up to $10,000.
A Misdemeanor charge carrying up to one year in jail.
A felony charge with a grant of probation and up to one year a county jail, or by imprisonment for 16 months, 2 years or three years in a felony jail facility (county jail) as set forth in Penal Code Section 1170(h).
-Once again, leaders in a superior position who are supposed to know the law, don’t have a clue. After all, they are not getting sued, the morons called taxpayers will fork the money.
Waiting for the next violation of the Constitution.