Policeman Pepper Spray Teen For Short Change

joedirtsays...

Nope, in fact was not fined but was fired and court ordered rehired based on union arbitration.

http://www.enquirer.com/editions/2000/01/26/loc_tristate_digest.html

A judge has upheld the reinstatement of a policeman fired after using pepper spray on a worker at a fast-food restaurant.

Montgomery County Common Pleas Judge Jeffrey Froelich ruled Monday that the city is bound by an arbitrator's order to rehire policeman Michael McDonald.

Officer McDonald used pepper spray on Brandy Martin, then 17, while arresting her in February 1998. He said she refused to go with him to his cruiser and receive a summons after he accused her of shortchanging him at the drive-through window.

Officer McDonald, 35, was found not guilty of misdemeanor assault in June 1998. But Police Chief Ronald Lowe fired him a few weeks later, saying OfficerMcDonald's actions were callous and brutal.

Wumpussays...

I'm not excusing this officers behavior, but this kid could have handled this situation much differently instead of swearing at him and giving all kinds of static.

If they really wanted to be sure, the manager could have done an audit on the drawer.

lucasgreensays...

Wumpus, fuck that shit.
You shouldn't have to walk on eggshells just because a dude is a police officer.
She told him she didn't have the money. The manager verified that there were no twenties in the register at all. If it was pocketed she offered to let him search her which she most definitly didn't have to do.
Fuck that motherfucker.
I've been arrested twice on disorderly conduct charges because I didn't give holy respect to a douchebag with a badge.

crimsays...

lucasgreen, are you stupid? If I am to judge you based soley on your above post then I would say you are disorderly, and if you conduct yourself in such a disorderly manner then you can expect to get arrested for that.

Common courtesy regardless of whether someone is an officer or not should be your default behavior. Perhaps you would get arrested less often if you weren't so aggressive.

This officer witnessed a crime being commited (perhaps he was mistaken, it certainly looks like it, but he did not have the benefit of the video we just watched). He attempted to place the girl under arrest for petty theft and she resisted. It is not for him to stand and argue or reason with her, he has a procedure to follow.

No harm would have come to her is she had been a little more friendly. She could have argued the same case in a civil tone of voice and I will bet you the outcome would also have been more civil.

I hope when her "momma" got there she smacked some manners into her child, and perhaps she can smack some manners into you while she's at it.

Wumpussays...

"I've been arrested twice on disorderly conduct charges because I didn't give holy respect to a douchebag with a badge. "

Maybe that is IN FACT WHY you got arrested.

And I'm sure that girls belligerence and the use of the words "fuck" and "cop" in the same sentence in front of him sure didn't help the situation. They were both way out of line, and it didn't have to go down like that.

pass.the.grog.says...

Actually, the police officer holds the burden of blame here. He is hired by the state or city to uphold various laws and keep order. His job requires diplomacy and he came into the situation in a very undiplomatic way. The girl didn't do anything wrong, knew she didn't do anything wrong, and knew her manager knew she didn't do anything wrong. The cop should have talked to the manager and figured it out instead of barging back into the back of a private business without a warrant.

And yes, cops do suck - they are nothing more than uniformed armed gang members. If you can respect that, that's your problem.

deathcowsays...

> And I'm sure that girls belligerence and the use of the words "fuck" and "cop"
> in the same sentence in front of him sure didn't help the situation.

Hmmmm, you're confusing me, who was deserving more respect in this encounter? The cop?
And the $60,000 prize goes to.... the person using the foul language...

I think this video clearly shows the guy deserves no respect, much less any job.

theo47says...

You have to understand, deathcow - Wumpus lives in a world where all white cops are heroic truthtellers and all black drive-thru attendants are stupid criminals who formulate dastardly plans to steal $10 from said heroes on videotape without any kind of excuse or escape plan.

Not to mention how badly tort reform is needed. It's a crime that the city who later fired the hero in question had to pay that little thief at the drive-thru $60,000. Vote Republican, and praise Jesus!

Wumpussays...

"all white cops are heroic truthtellers and all black drive-thru attendants are stupid criminals who formulate dastardly plans..."

Black or white has nothing to do with this, if you want to make it about race thats up to you.

joedirtsays...

Yeah it's not about race, it's about cop = awesome, non-compliant citizen = deserved it.

Wumpus is all about respecting the natural order. She asserted her rights in a totalitarian, facist regime. Hence she deserves to get tasered until special sauce flows from her nose.

jimnmssays...

This cop was way out of line taking matters into his own hands and trying to arrest the girl. Look at it this way, if you thought you were shortchanged at a drive thru window, and you called the police, they would not come out and arrest the employee. Instead they would tell you to come down to the station and file a complaint, and detectives would investigate the matter.

Not all cops are ass holes, it's usually just the ass holes make it on TV. See the following for an example of a good cop.

http://www.videosift.com/story.php?id=7789

Fletchsays...

I'm a union member myself, so I know how hard it is to fire a union guy (hard). Still... too bad he got his job back, or at least wasn't punished in some way. I've been pulled over by prick cops and good cops (nothing major... traffic tickets). They ain't all farkin' icehole revenue-raising bysteds, but cops like this one give the whole lot a bad rep.

lucasgreensays...

Crim,
"lucasgreen, are you stupid? If I am to judge you based soley on your above post then I would say you are disorderly, and if you conduct yourself in such a disorderly manner then you can expect to get arrested for that.

Common courtesy regardless of whether someone is an officer or not should be your default behavior. Perhaps you would get arrested less often if you weren't so aggressive."

I didn't tell the whole story and now you seem to have imagined a scenario where I was out in public, saw a police officer and was just immediately berating him with cusses on the foul.
That would be quite a sight.
But alas, no, that was not the case. The latest example involves me being pulled over by a traffic cop. I've been pulled over a few times for various things like broken headlight, expired inspection sticker and even one time when I was moving and the officer just wanted to make sure that I had all my stuff safely secured in the bed of my truck. All of those instances went without incident. I helped the officer inspect my cargo, I took a warning for the broken headlight, and a violation fine for an expired inspection sticker. In each of those instances the officer was very polite and professional and I was friendly and compliant. There was even smalltalk and joking around on each of those times. The latest one, however, was different. I was pulled over before I'd even left the parking lot at work because I hadn't turned my headlights on yet. Which would have been just fine the officer would have let me know my lights were off and I would have thanked him very much for the information and turned my lights on but he was a total prick. He was yelling at me and insulting. That is an example of what I am talking about. I am not going to let anyone get away with being a total ass simply because they are wearing a badge.

daphnesays...

I wish prejudice wasn't real...wouldn't it be great if white police officers treated everyone the same, no matter what their race, creed, or color happened to be? But they don't. Unfortunately.

To those of you who say it doesn't happen, you are part of the problem. You are ignoring the reality.

And by ignoring it, you are assisting the prejudice. They count on the "pretend it isn't real" factor.

Farhad2000says...

I got tackled by Montreal police. There was an attack on a woman earlier at night, so I dressed in jeans and black sweater seemed to fit the bill. Only when they brought the woman around they knew it wasn't me. I was pretty much miffed for the rest of the night. But then they took me home Police Escort style. So I let it slide.

xymoxsays...

if you watch the video closely, it is edited carefully, she very well could have snuck that money. I had this 10 and 20 dollar scheme happen twice at drive thru's. They think you won't notice and it is the oldest trick in the book at fast food places. I believe the cop over that foul mouthed girl anyday. Had she not acted like a total idiot, she wouldn't have gotten sprayed. She deserved it.

xymoxsays...

Look how it is edited when she handles the money and when she gives the change. Look how she runs away from the window after handing the change to him, so he couldn't immediately complain to her. She stole the money.

joedirtsays...

Ok, xymox. You are right -- from rewatching a internet posted video. She is guilty (probably because she is black AND foul mouthed). The video, the police supervisor, the restuarant, the city of Dayton, the laywers, the internal affairs investigation, the court system, and the cash register are all wrong. Clearly she stole the money.

Farhad2000says...

Obviously everyone commenting on the righteous nature of the police are all white. Live as a minority for a day and you'll see how different the police act towards you just because you are colored.

rensays...

Wow so many funny comments, although there can only be one winner and that was joedirt with "...deserves to get tasered until special sauce flows from her nose." man that sh*t cracked me up.

Seeing as everyone else is throwing their mis-informed internet diploma 2 cents into this one i'm going to join in(albeit late).

I've worked in retail, and there are times when a customer goes "Hey.. didn't I give you a 50!?" and you are 99% sure they didn't, yet the more you think about it the more uncertain you are.

As for the cop, what a d*ckhead... no ifs and or buts, i haven't been arrested for disorderly conduct yet but if i was in her place and my brother had been arrested and jailed i probably would have on that day. Just cos the cop gets on a powertrip and thinks he was right, everyone has to go with him to the station and review video evidence on the spot? Probably a case of nothing better to do.

And whats with the damn manager? hardly even sticking up for his employee.. bet she never worked there again.

Apoptosissays...

Let's see, what have we learned from this thread.
Black people can be just as racist as white people? No. Already knew that one. White people are confused by complex social issues and so they bury their heads in the sand? Nope. Knew that one, too. I know, people--despite objections--actually do like to behave in a sterotypical manor? Shit. I guess we didn't learn anything new from this thread.

Fletchsays...

Huh?

Hey Apoptosis and xymox! Me, quantumushroom and tedbater have formed a new club of sorts, and you both seem to have qualities that would do us proud. If you would like to join, please speak to tedbater. Only... since he is our leader, you can't just call him "tedbater". Show a little respect and you are sure to be accepted. Please address him as "Master Bater".

Farhad2000says...

Near? It's already there.

The definition of Fascism is; radical political ideology that combines elements of corporatism, authoritarianism, nationalism, militarism, anti-anarchism, anti-communism and anti-liberalism. A philosophy or system of government that is marked by stringent social and economic control, a strong, centralized government usually headed by a dictator, and often a policy of belligerent nationalism.

Patriot Act, Wire Taps, Tax cuts to the rich, pork barrell politics, KBR and Haliburton, Exxon, Mobile, BP and other oil companies... belligerent nationalism... neo-con?

joedirtsays...

It's the corporate policy of most of these places to fired you just for being arrested. So yeah, she was probably sh^tcanned.

My problem with this cop, and I think this is the essence of what happened.. there is some expectation of some respect and the authority goes to their heads. The cop wanted to arrest her mostly for just mouthing off. I think even the cop know that in court, she couldn't be charged with theft, there is no evidence unless he is assuming a search of her person will show up a $20. (Good odds that someone might have their own $20 bill) But short of finding a magic $20, there clearly is no case of short-changing here. Also, it isn't a crime to mistakenly give the wrong change. Technically, the cop should have taken it up with the manager and then file charges against the corporation. There is no arrestable offense in a business transaction. So honestly, she is right to stick up for not coming with the cop, there wasn't grounds to be arrested. Now I would have done it gladly to sue the city for wrongful arrest.

Now her swearing and mouthing off pissed off the cop and he wanted to put her in her place and put her in a squad car and ruin her day. I'm almost positive he wouldn't even have taken her in to be processed, as everyone would laugh at the cop, and probably fire him for arresting someone for his missing change from Wendys. So it was a power-play and sadly he brought out the mace, which was an idle threat, but then rather than looking stupid, had to mace her.

Anyone who sticks up for cops who mace or taser people for their convenience over traffic tickets or other B.S. are total douches. We're talking about $40 fines and other crap, which doesn't warrant using chemical weapons or physical violence. But in reality the bigger picture is establishing a police state. Making citizens comfortable with seeing others be assaulted for non-compliance. They are militarizing the police with "less-lethal" weapons and military gear to help further a para-miltary police state.

lucasgreensays...

The idea that a cop is okay for wanting to "put her in her place" is what's fucked up.
It's the cops that should be put in their place. I'm not attacking what you said, joe, just the mindset of the cop wanting the public to know their role.

CountBaltarsays...

too much crap, daphne ,i like your style =) Both were poor example of citizens, one's with no respect, and ones with authority whom abuse it..Off with thier heads.No further worries of out of hand behaviour

Kruposays...

I'm surprised I didn't see anyone mention the fact that the poor girl's brother is in jail.

Obviously she could've handled it better, but the cop acted like a racist jerk to begin with. The sad thing is that nobody said, "hey, stop - we have a camera, why not just check the tape?" Of course you're not expecting top flight managers at a place like that to begin with, so I'm not surprised he was a complete failure as a man.

She's obviously not happy with the cops to begin with. Having said that, http://www.videosift.com/story.php?id=5195&where=index would've helped so much - the "real" how not to get arrested vid. I know it was posted above in an earlier comment, but it's just good sense.

It's fun to fight with authority figures and I respect that, but you have to pick your battles - i.e. if you're going to fight the cops, do it in a way where you can win. To quote a fictional character, Klingon General Martok said "war is more fun when you're winning!" and it's so true.

I haven't had the luxury of being able to do this very often or in a dramatic way, but I did ask some cops, out of curiousity (see, you keep yourself safe by not immediately aggravating them), what was the crime they could've charged a woman with for writing on the sidewalk in a posh area of Toronto (Yorkville).

He replied that they could charge her with defacing public property.

Now I've taken chalk to the American Consulate in the past (a week before 9/11, ironically), and scurried away before security arrived, so I said, "how is it defacing it? Chalk washes right off."

So the cop says to me, "do you want to wash it off?"

And I say, "um, the forecast says it's going to rain tonight."

Oh is it?

Yes.

Not a very thrilling exchange, although I never claimed it would be; I found it amusing nonetheless.

Ivegotthebendssays...

I'm completely on the side of the girl. The cop had every intention of arresting her before she started swearing at him. She told him to talk to the manager, he said he didn't need to. She said to wait until here mother got there, he said he didn't need to wait. She didn't swear at him until he became insistent on taking her out to the car whether she liked it or not.

Fletchsays...

ren: "woooh sounds kinky, i bet i can't join ;(
do you have membership cards and ID badges?"

So far all we have is a secret handshake and just one official sponsor... Haliburton. Membership cards are coming as soon as we can get the embedded RFID's coded.

Apoptosissays...

Hey Feltch. I've seen QM's comments and I don't think I'd be a welcome member of the club. I find conservatives will call me a liberal and liberals will call me a conservative.

1. I do think the officer had the right to question the employee about the money. 2. I think he severely overreacted and deserves some form of reprimand. I'm assuming the story we aren't getting is the follow-up proceedings against the officer. The union will protect him, but the Chief sounded pretty pissed and will likely follow procedures to punish the officer.

jwraysays...

With a little sleight of hand, swapping a twenty for a ten from her left pant pocket out of view of the security camera, then ringing it up as a ten, then transferring the twenty to some hiding place when she walked out of the room, there's no way they could catch her by auditing the cash register, looking at the security tapes, or strip-searching her. You can't be 100% sure that she wasn't short changing the cop. Penn and Teller could easily pull it off. The cop probably saw it as resisting arrest. Common sense: If you don't wanna get pepper-sprayed by a cop, don't be yelling "fuck da po-lice" and resisting arrest. He used excessive force, but it was totally predictable and avoidable on the part of the cashier.

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