$5 Million Lawsuit From One Officer

[Music] welcome to audit the audit where we sort out the who and what and the right and wrong of police interactions this episode covers 9-1-1 calls de-escalation and false reporting by police and is brought to us by mark domino's channel be sure to check out the description below and give them the credit that they deserve before we dive into the interaction i want to give a big thanks to the sponsor of this episode yougov if you've ever needed a quick buck or just a little extra cash on the side to help you pay for your next online shopping spree yougov could be your answer with yougov you can earn points by taking polls and surveys about topics ranging from politics and public affairs to products and brands and convert those points into cash rewards or gift cards from some of the top brands on the market today earning money through yougov is as simple as a few clicks so get your next tattoo or date night fund started today by clicking on the link in the description thanks again to yougov for sponsoring this episode on june 24th 2019 52 year old mark domino drove his motorcycle to work and parked on the back side of the parking lot mr domino and his wife both worked at the same retail store in clarkston washington and his wife drove their car to work and parked on the opposite end of the lot after mr domino's shift he went to his car before crossing the parking lot to ride his motorcycle home as mr domino was looking through his vehicle a citizen parked nearby jody brunell noticed him believed his actions to be suspicious and called is 911 hi i'm at the clarkson clarkson walmart right now and i just saw a gentleman um stop and get in three different doors of a car looking around and i kind of watch him to see if it was his without he's walking clear away okay i couldn't see if he took anything okay officer chris lures from the clarkson police department arrived shortly after the call and confronted mr domino how's it going man officer lawrence clarkson police department put your phone down for a second what do you got in your pocket there is that just something hanging off your backpack what is that a hanger what are you doing with that is this your bike yes it's your bike you got id on you why do you need my id because somebody saw you looking at cars so i'm here just checking and see what's going on you got id on you yeah i do but okay yeah i'm figuring that out right now i'll take a look at your id though you don't need my idea unless i did something unless you're taking me in for something turn around put your hands behind your back right now now for what turn around put your hands behind your back now for what before we get started 108 pick it up you're gonna you're gonna obey me or you're going to go on to obey you because i'm giving you a lawful order so what turn around and put your hands behind your back did i do anything yes turn it around and put your hands behind your back what did i do do you want to get tased excuse me turn around and push what do you want to work here turn around and put your hands behind your back do you know i work here this is my bike okay so what did i do for you to approach me and then tell me that put my hands behind my back sir what are you arresting me for i'm not arresting you right now you're not cooperating with what and you're getting aggravated no you asked me for my id right i don't have to give you my id unless i've done something what have i done turn around put your hands behind your back for what are you arresting me i'm detaining you detain me for what why are you you're not you're not even listening what did i do for you to detain me turn around put your hands behind your back would you report that i stole something yes there was a report that i stole something turn around you just said stop stop the supreme court has long held that officers may acquire reasonable suspicion through an anonymous tip so long as the tip provides enough information to justify a stop in the 1983 supreme court case of illinois versus gates the court held that a totality of the circumstances test must be applied to determine whether an anonymous tip is sufficiently reliable to provide probable cause to issue an arrest warrant in the gates case the officers did not personally witness any criminal activity take place but the court held that the anonymous tip in question was reliable because officers could verify several events predicted by the tip seven years later the supreme court held that an anonymous tip was sufficiently reliable to provide reasonable suspicion so long as the tip accurately predicted several key details in the 1990 case of alabama versus white in the white case the court explained that quote if an informant is shown to be right about some things he is probably right about other facts that he has alleged including the claim that the object of the tip is engaged in criminal activity the supreme court has upheld this notion as recently as 2014 in the case of navarette versus california all of these cases were based on the notion of an anonymous caller and given that mrs brunell was not anonymous and provided an accurate description of mr domino and his actions it is likely that the clarkson officer did have reasonable suspicion to make contact with and identify mr domino all that said officer lures made no effort to de-escalate the encounter or engage in a productive dialogue with mr domino and instead began accusing him of stealing and ordering him to comply as officer lures reaches for mr domino's hand he resists and a scuffle ensues which results in mr domino being tasered multiple times before eventually being subdued and placed into handcuffs once the officers place mr domino into their patrol car they search his bag and make contact with mrs brunell are you jody yeah okay do you have your id with you i do i'm over here okay is that the mail that you saw okay can you give me video mail that came to this bike everything that he did he's an employee we've got uh a witness that saw him going into cars and we just fought and tased him so right there that bike mail come to it where did he walk which cars car that he got into was clear on the other end okay so you saw one male walking from all the way over there clear over here and it's that's the male that we talked to yeah i watched him he got into three doors of that car and then he just walked away and came clear over here so i thought well that's not right okay but the woman came up can you start looking at that for me the woman came over and kind of pissed saying it was this car is registered but you said your car 19 is on scene with the rp i know i'm brad peter's mom okay i'm chris hi chris just so you know everything's being recorded okay so what did he say when you he wouldn't say anything to me how many cars did he look at just the one just the one one car far like five pick here officer lures suggests that mr domino could have explained his actions but at no point during the initial encounter did mr domino have enough information to know what actions led to him being contacted by the police although officer lures did say that mr domino was reported for looking at cars he also said that mr domino was being accused of stealing which likely confused mr domino just 32 seconds passed from the point of initial contact to officer lures ordering mr domino to place his hands behind his back officer lures made no attempt to corroborate any of the information from the 9-1-1 call and shifted the focus of the stop to mr domino's refusal to identify rather than the alleged crime the state of washington only requires officers to undergo two hours of de-escalation training per year however it is one of the few states that also require supplementary training as well there is no all-inclusive list that identifies all the methods and techniques officers might employ to de-escalate an incident but earlier this year the california commission on peace officer standards and training created a de-escalation strategies and techniques manual that outlined several of the most fundamental principles of de-escalation and offers members of law enforcement thorough insight into how to de-escalate police interactions one technique that the manual suggests is giving the suspect a voice by listening to their concerns and the manual explicitly states that officers should seek first to understand before attempting to be understood the manual also highlights the fact that there are many levels of control outside of physical control and that while a lack of control can get an officer hurt over control especially when not needed or justified can cause hostility or draw a complaint the manual goes on to state that physical control or force used for expediency in most cases should not be preferred over the use of skills and techniques of de-escalation that might otherwise take more time but achieve the same desired result officer lorza's immediate reaction to mr domino's passive resistance was to gain control by force which ultimately evolved into a physical altercation at no point did officer lures make an attempt to understand mr domino's perspective or offer him the opportunity to explain his actions if officer lures had taken the time to give context to why he was contacting mr domino then this interaction likely would have had a different outcome hey firm so you saw him get into one car and then walk across the park like my pickup was right here that car would have been right there facing me so i put my cart away and when he walked down this way he walked to the passenger side got in that door came around this way got in the driver's store then got in the back and there was a car right next to him so he's holding his keys but he never used a key on anything it was all unlocked and then i couldn't tell if he grabbed anything but then he just walked away down this aisle and then just headed straight over here okay so yeah that looks like a prowl right okay let me get you a written statement for him if you could fill that out for me i'd appreciate it no and then he started like he was just super agitated super i don't have to tell you my name i'm like listen man you know so right now you're being detained you know and he got all jacked up and so i'm like okay turn around put your hands behind your back i'm gonna detain you no no no no no and then once rabbit got here he reached into his pocket real fast and he went hands on at that point and sort of danced around with him because he's a big dude like this for a while and then finally he wrapped his arm around me and i had my taser out already and i tased him and we took him down and finally got him cuffed but we fought with him the whole time so all he had to do was talk officer lures recounts his version of events as if mr domino was the aggressor during the confrontation but let's compare officer lures recollection of the event to what actually happened just wouldn't talk to him no and then he started like he was just super agitated you got id on you what do you need my id and i'm like listen man you know so right now you're being detained okay yeah i'm figuring that out right now i'll take a look at your id though you don't need to mind unless i did something you know and he got all jacked up and so i'm like okay turn around put your hands behind your back i'm gonna detain you unless you're taking me in for something turn around put your hands behind your back right now now for what turn around put your hands behind your back now you're going to obey me or you're going to go on the obey you as you can see there is a vast discrepancy between officer lures's version of events and what actually took place it is no secret that officers sometimes lie when reconstructing interactions on police reports and their motivations for doing so are obvious dr philip stinson who is an ex-police officer and now professor of criminal justice at bowling green state university in ohio has tracked arrest cases of non-federal sworn law enforcement officers who have been charged with at least one crime from 2005 to 2014. dr stinson has compiled an extensive catalog of studies that examine various aspects of policing and was recently named the principal investigator on a research project funded by a grant from the national institute of justice to study police crime across the united states his research shows that out of more than 10 000 officer arrest cases about 6.3 percent involved false reports or statements and he recently told cnn that the problem is probably more common than the data suggests there are a litany of reasons why an officer may choose to lie about their interactions such as fear of losing their job or what is known as noble cause corruption which is the idea that the ends justify the means and lying to secure an arrest ultimately makes their community safer there are repercussions for officers who lie on their police reports particularly when those reports are submitted as evidence in a trial washington code 9a.72.020 states that a person is guilty of perjury in the first degree if in any official proceeding he or she makes a materially false statement which he or she knows to be false under an oath required or authorized by law and officers who testify that their report is accurate and are proven to be lying can face prosecution under this code officer perjury is often difficult to prove without irrefutable evidence and even in the cases where it is proven securing a conviction can be challenging given that prosecutors often work closely with police officers in their community there is no doubt that officer lures exaggerated the circumstances surrounding mr domino's detention to the other officer and the other officer states that mr domino could have provided a simple explanation and resolved the issue yeah if he would have said that's my car it could have been done in two seconds okay you just fill this out and drop it off of tv or have brad drop it off with for us whatever works for you um as soon as as soon as you can i'm not sure yet so what did he say he wouldn't say anything i i don't know anything so i'll still get everything figured out yeah me too thank you mr domino was arrested and charged with resisting arrest and obstructing a law enforcement officer and was released a few hours later following the encounter clarkson police chief joel hastings publicly stated that an internal investigation would be conducted to determine if there was any wrongdoing as the department always conducts an internal review anytime force is used after multiple hearings the trial began in november of 2019 with mr domino deciding to represent himself after two days in the courtroom mr domino verbally agreed to a plea deal offered by the prosecution which stipulated that so long as mr domino stayed out of trouble for the following three months all charges against him would be dropped mr domino told the lewiston tribune that he had no intentions of suing the department and agreed to talk to the clarkston police department about how the situation could have been better handled mr domino later rejected the deal offered by the prosecution and decided to move forward with the case along with filing a 5 million torque claim against the city overall officer lures gets an f for failing to employ any measure of de-escalation during the encounter neglecting to conduct a thorough investigation and for misrepresenting the circumstances surrounding mr domino's arrest to his fellow officer officer lures made no legitimate effort to find out what happened before accusing mr domino of committing a crime and although it could be argued that he did have the reasonable suspicion necessary to detain mr domino there were a plethora of resources available to ensure that he was apprehending the right suspect for the right reasons while officers are afforded a considerable degree of discrepancy to perform their duties this interaction is a prime example of an officer wielding that discrepancy recklessly and performing their duties in a way that restores peace at the expense of equitable justice much of the outcome of this interaction can be directly attributed to the officer's lack of de-escalation and preference for forceful control if officer lures had taken the time to thoroughly explain the situation to mr domino and conduct a comprehensive investigation into the complaint then this interaction would likely have resulted in improving mr domino's innocence rather than escalating into a physical altercation once officer lores discovered that the vehicle in question was registered to mr domino he attempted to downplay his own aggression and shifted the blame to mr domino's lack of compliance if officer lures had simply walked over to the vehicle to see who it was registered to before demanding identification for mr domino the escalation could have been avoided officers who employ physical force well before exhausting any other means available to them do a disservice to their community and officer lorza's actions while not necessarily illegal did nothing to contribute to the safety of his community mr domino gets a b-minus because although he did physically resist the officers he made an attempt to exercise his rights and refuted the criminal case against him by himself with no formal legal training it is difficult to fault mr domino for his initial resistance to officer lors but mr domino continued to physically resist the officers well after backup had arrived and his arrest was inevitable while it is likely true that anyone in his situation would have behaved similarly that does not excuse his actions entirely and as mentioned many times on this channel there is nothing to gain from resisting an officer even if you believe the arrest to be unlawful i commend mr domino for having the courage and discipline to represent himself in court and for volunteering to speak with the department in an effort to ensure that this does not happen to anyone else the hearings for mr domino's case have taken place over several months where he has filed multiple motions for dismissal but each one has been rejected as mentioned before his case will now be moving to a jury trial where mr domino intends to continue representing himself at mr domino's latest court appearance on august 26th a crowd of protesters formed outside of the ascetin county courthouse demanding that the charges against mr domino be dropped mr domino's trial is set to begin on october 8th let us know if there is an interactional legal topic you would like us to discuss in the comments below thank you for watching and don't forget to like and subscribe for more police interaction content you

Channel: Audit the Audit

Views: 2,240,237

Rating: 4.8883691 out of 5

Keywords: amagansett press, first amendment audit, 1st amendment audit, auditing america, news now california, sgv news first, high desert community watch, anselmo morales, photography is not a crime, san joaquin valley transparency, first amendment audit fail, walk of shame, news now houston, police fail, 1st amendment audit fail, public photography, auditor arrested, police brutality, highdesert community watch, pinac news, cops triggered, news now patrick, east hampton

Id: FPWGeh0zlOA

Length: 18min 11sec (1091 seconds)

Published: Mon Oct 26 2020

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[u/BrackusObramus]

Isn't that the same cop that was harassing a black man collecting petition signatures in his own neighborhood?

[u/atdale]

the conclusion