(Minor clarification below)
“I always thought police were nothing but good and were
there to protect people,” testifies Elizabeth Polak, a registered nurse from
Phoenix. Her view of the State’s enforcement caste changed dramatically as a
result of what she witnessed in Denver on the evening of March 25, 2008.
Polak, returning to her apartment following her daily jog,
saw a man and a woman having an unremarkable conversation near the entrance to
the building. Two police officers
appeared – a development always pregnant with trouble – and approached the
couple. From a distance of about 100 feet, Polak saw the officers stride purposefully
toward the man, who was later identified as James Moore.
“The officers did not stop and have a conversation with Mr.
Moore,” she later recounted in a sworn affidavit. “The officers walked up to
him and instantaneously punched Mr. Moore. Prior to being punched, there was no
resistance or non-cooperation on his part. Mr. Moore was not given the chance
to comply with any orders, if any were given. It appeared that the police were
on a mission to walk up to Mr. Moore and punch him.”
Shocked and terrified by the assault on Moore, the woman –
his girlfriend, Julie Gomez – repeatedly exclaimed: “You have the wrong people!”
Moore, who had been knocked to the ground, did what he could to avoid or
deflect the blows directed at him by the assailants.
The attack on Moore “appeared to be completely unprovoked
and at no time was Mr. Moore fighting back,” Polak – who has never spoken with
the victim – related in her affidavit. “At no time did Mr. Moore try to attack an
officer. At no time did Mr. Moore try to reach for an officer’s weapon. Mr.
Moore was surprisingly calm.”
“I did try to stay calm,” Moore, a Special Forces combat
veteran, recalled to Pro Libertate. “I
just tried to assure myself that the beating would eventually stop, and I just
had to endure it patiently. But it didn’t stop.”
The assailants, Officers Shawn Miller and John Robledo of
the Denver Police Department, had been summoned to the apartment building by a
noise complaint from a neighbor after Moore – who has been diagnosed with
Post-Traumatic Stress Disorder – had a somewhat tumultuous breakdown upon
learning of a friend’s death in Afghanistan. (Moore, who was a Ron Paul
delegate in 2008, has become an unabashed opponent of the Empire.) After deciding
a change of scenery was in order, Moore and his girlfriend called a cab and
went outside to wait. An hour later, the cops arrived.
“We were waiting outside the building, when I suddenly hear pounding and rushing footsteps -- then next thing you
know Miller is in my face shouting, `Get your hands out of your pockets! Show
me some ID!’” Moore told Pro Libertate.
“I said, `Why. what's going on' -- and I was almost simultaneously knocked to the ground before I could finish." Once the beating began, Moore tried to identify himself and point out he was a disabled Vet -- but this availed him nothing.
Moore hit the ground hard – and went very still. Moore
recalled that there was a sudden, brief pause in the assault after blood gushed
from his face onto the sidewalk.
“It seems to me that they knew at that point they’d screwed
up,” he said. “It was as if, after a second or two, they decided to make it
look as if I had been resisting arrest – which meant that they had to use a
great deal of `necessary force’ to subdue me.” Robledo immediately hog-tied Moore, binding his wrists and ankles in a restraint device -- while Miller continued the assault. When Miller’s hands grew weary
and his knuckles became sore, he extracted a small club and began hitting
the victim in the neck and head.
“I stood in terror watching the beating for about 7-10
minutes,” Polak attested. The attack lasted long enough for the young woman to
enter her apartment and get to a window.
During that time, the assailants -- seeking to sustain the fiction that they were subduing a
dangerous, resisting criminal -- called for "backup." A thugscrum of about ten officers quickly
congealed at the scene. As many as a half-dozen of them helping to restrain the
unresisting Moore, who was already hog-tied and remained conscious for roughly half of the amount of time described by Polak.
"Every time I tried to say something, they raised my leg higher into the air behind my back, causing my diaphragm to push into my lungs to shut off my air supply," Moore pointed out. "I could not breathe out, much less breathe in." Even though he was helpless, hog-tied, face-down on the concrete, and suffocating, the police continued to beat him unstintingly while chanting the preferred refrain of the rapist: "Stop resisting! Stop resisting!"
"Every time I tried to say something, they raised my leg higher into the air behind my back, causing my diaphragm to push into my lungs to shut off my air supply," Moore pointed out. "I could not breathe out, much less breathe in." Even though he was helpless, hog-tied, face-down on the concrete, and suffocating, the police continued to beat him unstintingly while chanting the preferred refrain of the rapist: "Stop resisting! Stop resisting!"
“From the windows inside the complex, I saw Mr. Moore lying
lifeless in his own blood,” Polak narrates. “Officers were still on top of him
striking him with their fists. He was not moving and did not look like he was
breathing. His face looked caved in.”
Eventually one of the officers – obviously the brightest of
a very dim lot – noticed that
Moore appeared to be dead, and began to
administer CPR. An ambulance pulled up shortly thereafter and Moore’s
apparently lifeless body was taken to the hospital.
At one point, that body was
literally lifeless, in a clinical sense: Moore “flatlined”
on the sidewalk and had to be medically revived by the EMTs. Polak, looking
at Moore from a distance with the eyes of an RN, couldn’t tell if the victim
had survived: “I called my mom and asked if she would call the police to
inquire whether Mr. Moore was alive or dead.”
It’s doubtful that Denver’s, ahem, Finest would have cared much about the fate of a mere Mundane like
James Moore. The officer who led the unprovoked assault certainly wasn’t troubled
by what he had just done.
“After the ambulance left, a fireman used a fire hose to
wash the blood off the sidewalk,” Polak notes. I also noticed that the same
officer that was beating him with the club was wiping Mr. Moore’s blood off of
his club.”
| Swaggering coward Shawn Miller bullies a small, disabled woman. |
That officer’s name, once again, is Shawn Miller. Two days
before he committed what was very nearly an act of aggravated homicide against
James Moore,he and his partner severely beat a pedestrian named Jason Graber, leaving him with a broken knee and a permanent disability.
Concerned that Miller’s reckless driving was putting pedestrians at
risk, Graber gestured for the officer to slow down. This constituted the
unforgivable offense called “contempt of cop” – and Graber was brutalized as
an act of “street justice.”
In a November 2010 incident in a secure apartment building,
Miller cursed at, browbeat, threatened, battered, and abducted a disabled woman
named Doreen Salazar because of her perceived tardiness in buzzing him and his
partner into the residential area. Salazar, who had been advised by the apartment managers never to grant
access to anyone she didn’t know, and who had difficulty identifying the
officers as police, paused for perhaps a second or two before letting them in.
It’s a tragedy that she didn’t understand that police are the most dangerous variety of strangers she's likely to confront.
Security camera video shows Miller snarling at the small,
middle-aged woman, pushing her, and cornering her near an elevator. He then
slammed her face-first into the elevator door, handcuffed her, and held her in
his patrol car for about ten minutes – a sadistic act that served no purpose
other than to terrorize an uppity Mundane who had failed to respect Miller’s
supposed authority.
“Did you learn your lesson?” a smirking Miller sneered at
Salazar after releasing her from the handcuffs.
“Yes, I learned my lesson,” Salazar – who is more of a man than
little Shawn will ever be -- replied. “I learned not to open a door for a cop
ever again.”
While that is a sound and commendable policy, it’s inadequate
to deal with the threat posed by police officers to those citizens – like James Moore
– who actually venture outside their homes on occasion.
Moore underwent a lengthy and expensive hospitalization that
included back surgery. While recuperating from the nearly fatal beating, Moore
had to deal with the expense, frustration, and stress resulting from the
spurious charges filed against him by the thugs who had beaten him. In
keeping with standard procedure in such matters, the victim of this
unprovoked, and nearly fatal, attack was charged with Felony Assault on a
Police Officer and Felony Disarming of a Police Officer. It took two years for
the charges to be dismissed.
![]() |
| Moore in rehab following back surgery. |
In March 2010, Moore filed a federal lawsuit against Miller,
Robledo, and Denver’s municipal government. During depositions last December,
Miller and his boyfriends continued to peddle the fiction that they had subdued
a violent, dangerous suspect.
“They’re trying to make me look like Rambo – an unhinged Special
Forces veteran who is a danger to the public,” comments Moore. “Yes, I did
serve in a Special Forces unit that saw combat in Afghanistan, but I was a
computer nerd. I was never part of an assault team.”
After returning to the United States in 2004, Moore suffered
from combat-related psychological problems -- including post-traumatic stress disorder. In 2006, he sought help from the VA, and was turned down. Shortly thereafter, he attempted suicide.
By 2008, however, “I was healthy again, and looking forward to
live. Julie and I planned to make a life together, but that ended the night
that the cops attacked me.” Julie, whose only involvement in the March 25, 2008 incident was to be a witness to the Denver PD's gang assault on her boyfriend, was abducted by the police and slapped with several entirely contrived charges, including assault on an officer, resisting arrest, and "obstruction." While in jail following her arrest, Julie was told that the police would have the couple evicted from their apartment -- and they made good on the threat.
Julie spent the next two years fighting the fraudulent and vindictive charges against her. Although James and Julie are still on cordial terms, the accumulated trauma of the evening and her subsequent incarceration ended the relationship.
Julie spent the next two years fighting the fraudulent and vindictive charges against her. Although James and Julie are still on cordial terms, the accumulated trauma of the evening and her subsequent incarceration ended the relationship.
“In his testimony, Miller said that `This was the worst
fight I’ve ever been in. This guy must have been trained in martial arts,’”
Moore reflects. “He also said that I was a threat because he couldn’t see my
hands and I was wearing a hoodie. Neither of those statements is true. I never had my hands in my pockets, and I was actually wearing a
North Face jacket, not the notorious hoodie.”
Between his medical bills and his legal expenses, Moore –
who pulled in a salary north of $100,000 working in Silicon Valley before going
to war – is destitute, living with his father in Oklahoma. He was able to
gather sufficient funding to travel to southeast Asia in search of alternative
therapies for his back injuries – treatment that cost a great deal less than
conventional methods in the U.S. While the prospect of relocating to Asia was
attractive, Moore points out, “I had to come back here and take care of
business in court.”
Last September, the Denver City Council approved a $225,000 taxpayer settlement with Jason Graber. U.S. District Judge John Kane, who had dismissed Graber’s lawsuit last March, reversed his decision a few months later after it was demonstrated that the Denver PD and the municipal government had refused to turn over documents dealing with excessive force complaints – many of them filed against Shawn Miller, who remains on duty and has never faced disciplinary action of any kind.
Apparently the public is expected to confide in the Chief’s uncorroborated assurances, because he is determined to preserve the institutional opacity of his department.
Last fall, Judge Kane issued an order demanding
that the police department turn over all documents dealing with excessive force
complaints over the previous eight years, including disciplinary records.
Despite fines of $5,000 a day, and Kane’s threat to dispatch U.S. Marshals to
collect the files, the Denver PD and the ruling clique it serves have refused
to comply. [Clarification: The department, while not in full compliance with the order, has turned over a small fraction of the documents it is required to provide.]
“The people behind this are simply trying to wear me down,”
Moore observes. “They want to outlast me, and they have taxpayer money at their
disposal, while I have next to nothing. They probably assume that I’ll get
desperate and they’ll be able to settle for pennies on the dollar. I, on the
other hand, am determined to be the guy who doesn’t cash out – the one who
holds out for real accountability, which means the exposure of all the corrupt
and criminal things this department has done to innocent people.”
“You know, before this happened I trusted the police,” Moore
concludes in an ironic echo of the witness who saw him beaten and left for dead
on the sidewalk. His experience is just one illustration – albeit an uncommonly
infuriating one – of the fact that no informed and rational person should ever
make that mistake.
My sincere thanks, once again...
... for every generous donation made to keep Pro Libertate up and running. The books should start arriving by the end of this week. Once again: Everyone who donates $20 or more will receive a personalized copy of Liberty In Eclipse.
Your help is urgently needed, and deeply appreciated. Thank you!
VERY IMPORTANT: To avoid any possible confusion, please understand that that I am not soliciting donations for James Moore's legal case against the Denver PD.
Those interested in following James's legal struggles should check out the new Facebook page "Justice for Jimmy," which will be regularly updated with information about his case and similar outrages.
VERY IMPORTANT: To avoid any possible confusion, please understand that that I am not soliciting donations for James Moore's legal case against the Denver PD.
Those interested in following James's legal struggles should check out the new Facebook page "Justice for Jimmy," which will be regularly updated with information about his case and similar outrages.
Please be sure to check out Republic magazine -- which is updated daily.



















