Tuesday, December 13, 2016

Good Cops and Bad Cops: "Who is supposed to help?"

This was first published on 18-July-2015 on another blog. And now it's here.

On 26 January 2015 Charlena Michelle Cooks – 8 months pregnant – was trying to get her 2nd grade daughter to school on time in Barstow, California. According to a school employee who honked at her, Crooks was driving too fast in the parking lot. The employee said Cooks responded by screaming and punching the employee's car.

A responding officer told her that, with no damage to her car, no crime had been committed. He said he would talk to the other lady and get her name, though he never asked the employee for her name.

After a short conversation with Cooks the officer asked for her name and she refused to give it. She took out her phone to call her boyfriend to find out if had to give her name or not. The officer told Cooks, "I have every right to ask you for your name."

The officer said he would give Cooks two minutes to finish her phone call. He must have changed his mind because within 30 seconds he grabbed Cooks, pushed her down onto the ground, and, with his partner's help, handcuffed her.
As the police grabbed Cooks she cried out, "Don't touch me!" As they pushed her onto the ground, on her stomach, Cooks screamed, "Please! I'm pregnant. Please stop this."

One officer asks her, "Why are you resisting?" and I can hear Cooks say on the video, "Because you're stupid." Actually that's a pretty good answer. According to an attorney from the ACLU, "Even if an officer is conducting an investigation, in California, unlike some other states, he can't just require a person to provide ID for no reason."

Coincidentally, the Barstow Police Department was just settling a case where they had arrested two brothers for refusing to identify themselves. The Department had to make a cash payment and do retraining which included instructing officers that people are almost never required to provide ID unless they are driving a vehicle.

When Cooks was charged, it was only with resisting arrest. If you get arrested, and the only charge is resisting arrest, something is obviously wrong. Somebody must have realized that Cooks did not have to provide ID and therefore could not be charged with that, after all. When she went before a judge even the resisting arrest charge was thrown out.

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So it would seem the arresting officer WAS stupid. Stupid enough to win a place in our bad cops category. He didn't understand the law, he didn't understand (or was not aware) of the retraining his department was forced to conduct, once the arrest was made he couldn't come up with anything illegal Cooks had done before the arrest, and, finally, what he did charge her with, was thrown out by the judge.

Later Cooks said, "I don't think I've ever been that terrified in my life.... I told him I was pregnant so he could proceed with caution. That didn't happen and the first thing I thought was I didn't want to fall to the ground. I felt the pressure on my stomach from falling and I was calling for help. But these guys are supposed to help me. But who is supposed to help me when they are attacking me?"

Cooks gave birth to a daughter on 30 March. The baby seems healthy but will be monitored to ensure she did not suffer any injury during her pre-natal encounter with the Barstow police department.

For more information click on the links below.

Copyright © 2016 by Joseph Wayne Gadway

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