EnglandQuestions



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on May18, 2007 at 2:00 pm PDST

STATEMENT OF INCIDENT AND USE OF FORCE (Continued)-- SGT Mark T. England:

As I have said before during this incident my demeanor was calm, and spoke at a normal tone of voice and respectfully. I never made any threats or actions that would make an officer perceive I was a threat. If what officer Jennings is suggesting by saying he wanted his hands free to react, he would not have allowed me to reach into my pockets in the first place, he would have patted me down and if he thought I might be a threat he would have called for a back up officer, at least this would have been the ‘professional thing to do’. This incident is a result of officer Jennings being offended that I asked him to please pick up my dollar. As for the officer that Tased me, I can somewhat, just somewhat, understand his initial reaction of seeing Officer Jennings continually striking me with his baton and not knowing the specific circumstances, due to the negligence of officer Jennings, but after the FIRST Tasing, he should have given my the time to react from being immobilized and weakened from the effects the Tasings have on ones body and central nervous system and the temporary paralysis it causes before being Tased TWO ADDITIONAL TIMES for nothing more then not being able to immediately respond to the order to roll over on my stomach. The times between Tasing WILL be logged into the Taser’s memory and which data should have been down loaded to a POLICE DEPT. computer. . The use of the Taser is to stop a threat or perceived threat of harm, not to gain compliance to roll over onto one’s stomach and not giving a reasonable time to respond to the commands.

I was charged with “violating airport rules.” (Which rule did I violate??) I do have a right to voice a concern to a TSA person’s supervisor, in which I was DENIED. I was also charged with resisting arrest. I was never told I was under arrest by Officer Jennings when he took offense to me asking him to please pick up my dollar bill. He reacted by telling me to turn around and place my hands behind my back for no reason and without cause. I was only told I was under arrest after I was Tased three times into submission.

Since this incident happened at an ‘international airport’ and being it is post 911 with video surveillance in place and being this incident occurred near the security check point, video and hopefully audio is available. This video will show I was never a threat, a perceived threat or boisterous. It will reflect what I have stated above. It seems that after the incident no one in your department is willing to obtain or view the Video surveillance footage captured on several cameras. It is my concern the investigation will be stymied to the point the video footage will be lost, if this has not yet already happened. As in any criminal investigation the existence of video surveillance is evidence. This evidence can be obtained by your department upon request, with consent or if need be by court order or search warrant. (Do your job). I can guarantee if an incident occurred at the airport that resulted in an officer being hurt, you would have the video in hand to support the assault at once! Not only will this video support my statements leading up to the use of force but will be exculpatory for the charges I was arrested for.

I now want to address areas of concern and I expect a prompt follow up by your department:

1. I was never told prior to the first baton strike that I was under arrest. Officer Jennings took offense to me asking him to pick up the dollar bill he threw to the ground. It is as simple as that and the video will reflect that. The charges I was arrested for will be reflected on the surveillance, the charges were initiated to justify officer Jennings actions/poor and unprofessional decisions.

2. Normally after a person is arrested for any charge, an interview to get their statement is initiated by an investigating officer whether it is an out of custody interview or an in custody interview under Miranda. In this case would it not make sense for me (being I am the “suspect”) to be interviewed and asked why I “resisted” arrest and violated airport rules

3. Is it not policy after a use of force incident where a person receives injuries, or blows to the head to be interviewed on tape by a watch commander for their use of force report?? Or do you do things differently at LVMPD?

4. Is it not protocol after a use of force incident which is captured on video surveillance to be obtained whether it reflects good or bad?? Or again is it done differently at LVMPD

5. Does your “Taser policy” state it can be administered to gain compliance when there is no threat or perceived threat of harm?? (I have a copy of YOUR department’s Taser policy}

6. I have spoken to several ranking members of your department that have stated the video surveillance must to be obtained through the FAA. Well if that is the case, it is incumbent on your department to do your job and obtain it, not to make excuses not to get it because you are fearful what it ‘actually depicts’. This is what Internal Affairs is for. To conduct an unbiased investigation to fact find and if an officer is found to have violated policy, over reacted or used unreasonable force so be it. This is how policy is changed and how training issues are addressed.

7. In a conversation with your officer he told me he obtained a witness statements. The only witness was the TSA supervisor who is biased. My witness is the video surveillance that is being refused to me.

8. It should also be noted during a conversation/arrest with Officer Jennings after the incident; my blue tooth cell phone accidentally dialed my wife’s cell phone but went unanswered. The voice mail activated and recorded a conversation between officer Jennings and me. I have obtained this on a digital recording as evidence.

9. Are ALL of officer Jennings baton strikes accounted for in his report including the one to my head behind my left ear?? I have taken photographs of my marks and injuries which I will attach with this statement in duplicate if I am provided with an email address and will be supported by the video surveillance once your department obtains it.

10. Is the ‘Taser data’ of the amount of times used, the time lapse between Tasings and for how long each Tase lasted downloaded in a supervisor’s computer who is conducting the Taser and use of force report?? Will these results be included in any memo or use of force report??

I just want to reiterate that at all times before the incident and after being arrested I spoke to airport employees and police officers in a normal tone of voice and with due respect. I never resisted arrest, I was never afforded the time to comply with orders after being struck with officer Jennings baton and being Tased three times by the other officer. This incident was a result of officer Jennings taking offense that I asked him to pick up my dollar bill, and his over reaction and I am assuming his lack of ability. This was a non criminal incident turned into one by officer Jennings and his actions.

Sincerely,

SGT Mark T. England

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