Rise of the Warrior Cop (53 page)

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Authors: Radley Balko

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What is clear is that police are almost always cleared of any wrongdoing in these shootings. An officer’s word that he felt a dog posed a threat to his safety is generally all it takes. Whether or not the officer’s fear was legitimate doesn’t seem to matter. Thanks to smart phones and surveillance cameras, a growing batch of these incidents have been caught on video have shown that officers’ claims
that the dog was threatening often aren’t matched by the dog’s body language. In recent years, police officers have shot and killed chihuahuas, golden retrievers, labs, miniature dachshunds, Wheaton terriers, and Jack Russell terriers. In 2012 a California police officer shot and killed a boxer puppy and pregnant chihuahua, claiming the boxer had threatened him. The chihuahua, he said, got caught in the crossfire. Police officers have also recently shot dogs that were chained, tied, or leashed, going so far as to kill pets while merely questioning neighbors about a crime in the area, cutting across private property while in pursuit of a suspect, and after responding to false burglar alarms.

It’s possible that these incidents could just be attributed to rogue cops. But the fact that the police are nearly always excused in these cases—even in the more ridiculous examples—suggests there may be an institutional problem. So does the fact that only a handful of police departments give their cops any training at all when it comes to reading and handling the dogs they may encounter. In a 2012 article for the
Huffington Post
, my intern J. L. Greene and I looked at twenty-four recent cases of “puppycide” and called the relevant police departments to inquire about training. Only one department could confirm that its officers received training at the time of the incident in question. (Eleven departments did not return our phone calls.) That jibes with an earlier article I wrote for
The Daily Beast
in which both the ASPCA and the Humane Society told me that they offer such training to any police department that wants it, while few take advantage of the offer. Joseph Pentangelo, the ASPCA’s assistant director for law enforcement, who also served twenty-one years with the NYPD, told me, “New York is the only state I know of that mandates formalized training, and that’s during academy. There are some individual departments in other parts of the country that avail themselves of our training, but not many. Not enough.”
83

Given how likely it is that police officers will often interact with animals, you would think that such training would be common. It is at the US Postal Service. A spokesman for the USPS told me that while dog bites do happen on occasion, serious dog attacks on mail
carriers are almost nonexistent. Postal workers are given regular training in distracting dogs with toys, subduing them with voice commands, or, at worst, incapacitating them with Mace. Mail carriers are shown a two-hour video and then given annual instruction on topics like recognizing and reading a dog’s body language and differentiating between aggressive charging and playful bounding, and between a truly dangerous dog and a merely territorial one.

The fact that the Postal Service offers such training and most police departments don’t lends some credence to the theory that dog shootings are part of the larger problem of a battlefield mentality that lets police use lethal force in response to the slightest threat—usually with few consequences. “It’s an evolving phenomenon,” says Norm Stamper, the former Seattle police chief. “It started when drug dealers began to recruit pit bulls to guard their supply. These dogs weren’t meant to attack cops. They were meant to attack other drug dealers who came to rob them. But of course they did attack cops. And yes, that’s awfully scary if one of those things latches on to your leg.”

But Stamper says that like many aspects of modern policing, dog shootings may have had a legitimate origin, but the practice has since become a symptom of the mind-set behind a militarized police culture. “Among other things, it really shows a lack of imagination. These guys think that the only solution to a dog that’s yapping or charging is shooting and killing it. That’s all they know. It goes with this notion that police officers have to control every situation, to control all the variables. That’s an awesome responsibility, and if you take it on, you’re caving to delusion. You no longer exercise discrimination or discretion. You have to control, and the way you control is with authority, power, and force. With a dog, the easiest way to take control is to simply kill it. I mean, especially if there are no consequences for doing so.”
84

A handful of police departments do now mandate dog training, including Nashville, Omaha, and Milwaukee. Police departments in Austin, Fort Worth, and Arlington, Texas, do too. All began offering training after public backlash over one or more cop-shoots-dog incidents.

“In my ten years in law enforcement on the street, I can’t remember one case where a police officer shot a dog,” says Russ Jones, the former narcotics cop with the San Jose Police Department and the DEA. “I don’t understand it at all. I guess somewhere along the line a cop shot a dog under questionable circumstances and got away with it. Word got out, and now it seems like some cops are just looking for reasons to take a shot at a dog. Maybe it just comes down to that—we can get away with it, therefore we do it.”
85

O
N THE
F
RIDAY AFTERNOON BEFORE THE
2009 G-20
SUMMIT
was to begin in Pittsburgh at the David L. Lawrence Convention Center, a reader in the city sent me a photo he’d snapped moments earlier. The photo was of a police officer standing in the middle of an intersection. He was wearing a military-green top, camouflage pants, and combat boots. He had a gun strapped to his thigh and looked to be carrying another one. The camouflage in particular seemed odd—as it does whenever it’s worn by a police officer in an urban area. It was unclear why this cop would have wanted to hide, and even if he did, how camouflage would help him do so in the city. There seemed to be little purpose for it other than to mimic the military. In any case, it was a sign of what was to come.

This is how the country that gave the world the First Amendment now handles protest. There’s a disquieting ease now with which authorities are willing to crush dissent—and at the very sorts of events where the right to dissent is the entire purpose of protecting free speech—that is, events where influential policymakers meet to make high-level decisions with far-reaching consequences. In fact, the more important the policymakers and the more consequential the decisions they’ll be making, the more likely it is that police will use more force to keep protesters as far away as possible. As Norm Stamper said, this unfortunately was the lesson the country’s law enforcement agencies took from the 1999 WTO protests in Seattle.

A number of police departments from across the country had sent officers to Pittsburgh to help police the 2009 summit. Nearly
all were dressed in similar paramilitary garb. In one widely circulated video from the summit, several police officers dressed entirely in camouflage emerged from an unmarked car, apprehended a young backpack-toting protester, stuffed him into the car, then drove off. It evoked the sort of “disappearance” you might envision happening in a Latin American country headed by a junta, or one of the countries of the Soviet bloc. Matt Drudge linked to the video with a headline describing the officers in it as members of the military. They weren’t, though it’s certainly easy to understand how someone might make that mistake.

Another video showed a police unit with a handcuffed protester. Officers surrounded the protester, propped him up, then posed with him while another officer snapped a trophy photo. (YouTube later removed the video, citing a terms of use violation.) It was later revealed that the police unit was from Chicago. They had taken vacation time to come to Pittsburgh to provide “freelance security” for the G-20 summit.
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As the summit went on, Twitter feeds and uploaded photos and videos claimed (and sometimes provided some evidence to prove) that police fired tear-gas canisters into dorm rooms, used sound cannons, and fired bean bags and rubber bullets. One man was arrested for posting the locations of riot police to his Twitter feed. The charges were later dropped.

Emily Tanner, a grad student at the University of Pittsburgh who described herself as a “capitalist” who didn’t agree with the general philosophy of the antiglobalization protesters, covered the summit, the protests, and the fallout on her blog. The most egregious police actions seemed to take place on the Friday evening before the summit, around the university, when police began ordering students who were in public spaces to disperse, despite the fact that they had broken no laws. Students who moved too slowly were arrested, as were students who were standing in front of the dormitories where they lived.

A University of Pittsburgh spokesman later said that the tactic was to break up crowds that “had the potential of disrupting normal activities, traffic flow, egress and the like. . . . Much of the arrests last
night had to do with failure to disperse when ordered.” Note that no one needed to have broken any actual laws to get arrested. The
potential
to break a law was more than enough. That standard was essentially a license for the police to arrest anyone, anywhere in the city, at any time, for any reason.

Pennsylvania ACLU legal director Vic Walczak said the problem was that police didn’t bother to attempt to manage the protests. They simply suppressed them. In the process, they rounded up not only innocent protesters but innocent students who had nothing to do with the protests at all. In all, 190 people were arrested. One of the arrestees was a reporter from the left-leaning organization IndyMedia. When they apprehended her, the police took her camera. When they returned her camera, it was broken, and the police had deleted her photos and videos of the protests and police reaction. The police presence “seemed to focus almost exclusively on peaceful demonstrators,” Walczak said. “On [Friday] night they didn’t even have the excuse of property damage going on or any illegal activity. It’s really inexplicable.”
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Inexcusable perhaps, but not inexplicable. Since Seattle, this had become the template. At the 2008 Republican National Convention in Minneapolis, police conducted
peremptory
raids on the homes of protesters before the convention had even started. Police broke into the homes of people known to be activist rabble-rousers before they had any evidence of any actual crime. Journalists who inquired about the legitimacy of the raids and arrests made during the convention were also arrested. In all, 672 people were put in handcuffs. The arrest of
Democracy Now
journalist Amy Goodman was captured on a widely viewed video. She was charged with “conspiracy to riot.” That charge against Goodman was later dropped. So were the charges against most of the others arrested. The
Minneapolis Star-Tribune
reported the following February that charges were dropped or dismissed for 442 of the 672 people arrested.
88

There were similar problems at the 2008 Democratic National Convention. Police in Denver showed up for the protests decked out in full riot gear. One particularly striking photo from Denver
showed a sea of cops in shiny black armor, batons in hand, surrounding a small, vastly outnumbered group of protesters. The most volatile night of the convention featured one incident in which Jefferson County, Colorado, deputies unknowingly clashed with and then pepper-sprayed undercover Denver cops
posing as violent protesters
. The city later paid out $200,000 to settle a lawsuit alleging that a Denver SWAT team was making indiscriminate arrests, rounding up protesters and bystanders alike.
89

Perhaps the best insight into the mentality the police brought to the DNC protests could be found on the T-shirts the Denver police union had printed up for the event. The shirts showed a menacing cop holding a baton. The caption: DNC 2008: W
E GET UP EARLY, TO BEAT THE CROWDS.
Police were spotted wearing similar shirts at the 2012 NATO summit in Chicago.
90
At the 1996 DNC convention in Chicago, cops were seen wearing shirts that read: W
E KICKED YOUR FATHER’S ASS IN
1968 . . . W
AIT ’TIL YOU SEE WHAT WE DO TO YOU!

This default militaristic response to protest of overkill was then given an extended national stage during the Occupy protests of 2011. In the most infamous incident, now forever captured in countless Internet memes and mashups, Lt. John Pike of the University of California–Davis campus police casually hosed down a peaceful group of protesters with a pepper-spray canister. But that was far from the only incident. Police across the country met protesters in riot gear, once again anticipating—and in too many instances seemingly even craving—confrontation. In Oakland, the skull of Iraq War veteran Scott Olsen was fractured by a tear-gas canister that the police had fired into the crowd.
91
In New York, NYPD officer Anthony Bologna pepper-sprayed a group of helpless protesters who had been penned in by police fencing.
92

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