“His death was gang-involved, the way I see it,” lamented
former Orange County Sheriff’s Detective Ron Thomas after viewing the mangled
body of his 37-year-old son, Kelly. “A gang of rogue officers … brutally
beat my son to death.”
The description of the crime is appropriate: Kelly Thomas
was murdered by a thugscrum of at least six police officers on a sidewalk in
Fullerton. Kelly, who had a criminal record, was a homeless adult who had been diagnosed with schizophrenia. On the evening of July 5, police were called to a
street near the Fullerton bus depot by a report that someone was burglarizing
parked cars.
Kelly was identified as a suspect, and was uncooperative
with the police. He was tasered at least five times and beaten until brain-dead
while pleading with the officers and crying out for his father. Multiple
eyewitness accounts have disclosed that the beating continued – punctuated by
the familiar demand that the victim “stop resisting!” -- long after Kelly was
on his back, motionless and defenseless.
That this was a gang-involved murder is indisputable. With
all proper respect to Ron Thomas, however, the grieving father is desperately
wrong about one detail: The murderers were not “rogue officers.” Once the gang
assault on Kelly began, practically the only thing that could have saved his life would have been the timely intervention of a rogue officer.
As an institution, the police do not exist to defend life,
liberty, and property. That would be the role played by peace officers -- a population that is, for all intents and purposes, extinct. Police
are given the task of “enforcement” – the imposition of rules devised by, and
on behalf of, the wealth-devouring class. That role includes dispensing summary
punishment against people who display anything other than instant, unqualified
submission to them and to the political order they embody. Any material good
that is done by a police officer is a renegade act, given the nature and
purposes of the institution that employs him.
In any situation blighted by the presence of a police
officer, that armed functionary’s first priority is not to “serve” or to
“protect” anybody. Sociologist James Q. Wilson, whose writings became somethingakin to canonical texts for Rudolph Giuliani and other politicians and policy
makers of an authoritarian bent, explains that a police officer’s first priority is to “impose authority on people who are unpredictable, apprehensive,
and often hostile.”
That apprehension is an understandable reaction to the
presence of an armed stranger of dubious character who demands unqualified
submission. The hostility is predictable, entirely defensible, and generally
commendable. Members of the Costumed Enforcer Class refer to it as “Contempt of Cop,” and regard it as an offense subject to summary punishment through the application of state-licensed violence, frequently of a lethal nature.
Ron Thomas – who, once again, is a retired law enforcement
officer himself who teaches “arrest and control” techniques – explains that the
officers who murdered his son weren’t attempting to arrest him as a criminal
suspect, but rather “bullying” him “under color of authority” as punishment for
“contempt of cop.”
Incidents of this kind display a standard morphology:
A cop confronts a citizen and encounters brief, trivial, and
often justified resistance. He summons “backup,” and a thugscrum – which is a phenomenon
similar to a criminal “flash mob,” but generally more lethal – quickly coalesces and deals out hideous violence while terrified citizens look on in
horror and apparent helplessness.
Any officer who doesn’t play a hands-on role in beating the “suspect” will devote his attention to “crowd control” – that is, preventing intervention on behalf of the victim, and often confiscating any recording devices that might be used to gather incriminating video of the episode.
Any officer who doesn’t play a hands-on role in beating the “suspect” will devote his attention to “crowd control” – that is, preventing intervention on behalf of the victim, and often confiscating any recording devices that might be used to gather incriminating video of the episode.
Officially sanctioned gang violence
depends on a chain reaction of conformity, and often a single rogue element
would be sufficient to prevent it from reaching critical mass. A “rogue cop” –
that is, a peace officer devoted to protecting life, liberty, and property, rather
than a dutiful law enforcer determined to uphold “authority” – would interpose
on behalf of the victim.
It’s difficult to know how often this happens, but we could
round off that estimate to “never.” This is because “rogue” cops who commit such
renegade acts of lawfulness are never treated with the union-organized
solicitude displayed toward “good” cops who commit acts of criminal violence
against Mundanes.
Witness the case of former Austin Police Department Officer
Ramon Perez, who joined the force as a 41-year-old rookie cop because of a
sincere desire to protect people from crime. During a January 2005 domestic
violence incident, Perez refused an order by a superior officer, Robert
Paranich, to use his Taser on an elderly man who was not a threat to himself or
anybody else.
Owing to the fact that the subject was a frail man of
advanced years, Perez was understandably concerned that the portable
electro-shock torture device would kill him. Furthermore, using the Taser in
that situation would have violated the explicit provisions of the Austin PD’s
Taser Policy. Perez was able to resolve the situation through de-escalation,
rather than by using potentially lethal force to “impose authority.”
Two days later, Perez was given what could only be
considered a punitive transfer to the night shift. Two months later, following
a second incident in which Perez chose de-escalation over armed compulsion, he
was invited to what he was told would be a “counseling” session with the APD’s
staff psychologist, Carol Logan. The purpose of that meeting, Perez was told,
was to help him develop better “communication skills” with his fellow officers.
In fact, it was a disguised “fit-for-duty review” convened to find a pretext to
purge the probationary officer from the force before the “rogue cop” could
infect others with his respect for individual rights.
As the Austin
Chronicle reported, Ms.
Logan’s four-page report focused “entirely on Perez's moral and religious
beliefs, which Logan concludes are so strong they are an `impairment' to his
ability to be a police officer.”
Perez, a self-described non-denominational
fundamentalist Christian, an ordained minister, and home-schooling parent, was
not as morally ductile as the typical police recruit. He saw protection of
civil liberties as the paramount duty of a police officer, an obligation he
viewed as a literal religious vocation. For this reason Perez was seen as
unsuitable for a ministry in the State’s punitive priesthood.
Perez was given an ultimatum by his superiors: He could
resign and retain his peace officer’s license, or be terminated and lose it.
This was done, once again, as punishment for Perez’s “rogue” conduct – which
consisted of his refusal to break the law and violate department policy.
If a “rogue” cop had intervened on behalf of Barron
Bowling on July 10, 2003, the one-time cement worker from Kansas City,
Kansas wouldn’t be a functional invalid at the age of 37. It was Bowling’s
life-changing misfortune that day to be involved
in a minor non-injury crash with an automobile carrying three undercover DEA
agents. In a fit of juvenile
impatience, the driver, DEA agent Timothy McCue, attempted to pass Bowling’s
car illegally on the right side of a single lane.
After the vehicles pulled over, agent McCue came boiling out
of his car with a drawn gun. With help from one of his fellow heroes, McCue forced
Bowling lie face-down on the pavement, despite the fact that the 98 degree heat
had turned it into a frying pan. When Bowling attempted to push himself up,
McCue began to punch and pistol-whip him while taunting his victim for
supposedly being an “inbred hillbilly” and “system-dodging white trash.” One
witness to the crime reported that McCue threatened to murder Bowling. With the
help of his comrades, McCue handcuffed the victim and continued to beat and
kick him after he was shackled and completely helpless.
In keeping with standard procedure, the assailants accused
the victim of assaulting them, which would explain why the unarmed and
outnumbered “aggressor” was left with severe brain damage, persistent tinnitus,
incapacitating migraines, chronic dizziness, nausea, and lingering emotional
trauma that led to at least one suicide attempt.
While in police custody, Bowling was
told by Officer Robert Lane that the facts of the case didn’t matter; he
was the one going to prison because federal agents “do pretty much what they want.”
Bowling’s only hope to avoid prison was Detective Max Seifert, who was assigned
to investigate the case – which, in practice, meant to fill out whatever
paperwork was necessary to ratify McCune’s perjury.
For reasons that mystified his colleagues, Seifert actually
conducted an investigation. His first question was: What happened to the
witness reports collected at the scene? Officer Lane told him that those
documents had been “lost,” because they served only to make the DEA agents “look
bad.”
Seifert’s persistence led Deputy Chief Steven Culp chief to
take him aside and order the detective to drop the matter. At the time, Seifert
– who had been respected by both his fellow cops and the public at large – was less
than a year from being “fully vested,” meaning that he could retire with his
full pension. The leverage provided by that fact provided the tacit but
unmistakable “or else” that hovered above the conversation between Seifert and Culp.
To his considerable credit, Seifert continued with his investigation.
After Seifert filed his report, the district attorney announced that he was
dropping the charges against Bowling. Deputy Chief Culp, however, pressured the
prosecutor into reinstating the case. Seifert went on the testify on behalf of
the defense in Bowling’s criminal trial – which resulted in an acquittal on the
spurious assault-related charges – and on behalf of the victim in his federal
civil rights lawsuit.
For his insistence on telling the truth, Seifert was
subjected to a campaign of ridicule and abuse from his colleagues on the police
force. As U.S. District Judge Julie A. Robinson pointed out in a ruling that
awarded Bowling more than $833,000 in damages, "Seifert was shunned,
subjected to gossip and defamation by his police colleagues, and treated as a
pariah.” More importantly, he was punished for insubordination by being forced
into early retirement, thereby losing his pension.
None of the law enforcement officers involved in the assault
on Bowling and subsequent cover-up was disciplined in any way. The
only one who was punished was the “rogue” officer who had acted in defense
of the truth, and of the victim's individual rights. Steven Culp, the official who ordered Seifert to
participate in the cover-up and then purged him when he refused to do so, is
now the Executive Director of
the Kansas Commission on Peace Officers’ Standards and Training. Without so
much as a faint whisper of irony, Culp claims that his new job is “to provide
the citizens with qualified, trained, ethical, and professional peace officers”
who act “in a manner consistent with the law while being considerate of the
citizens….”
Residents of the Sunflower State can be confident that
Steven Culp -- like those in charge of recruiting and indoctrinating police officers elsewhere in the Soyuz -- will do his formidable best to protect them from “rogue cops” like Max
Seifert.
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Dum spiro, pugno!













