Chief Bratton Addresses Video Clip
November 09, 2006
Los Angeles: Today at his monthly media availability, Los Angeles Police Chief William J. Bratton announced the Department has launched an investigation into an arrest made by two Hollywood Police Officers on August 11, 2006. The arrest was captured on videotape and is circulating on the internet. Chief Bratton provided the following preliminary information about the incident:
While on patrol, Officers Patrick Farrell and Alexander Schlegel recognized William Cardenas, 23, a local gang member, who was wanted on a felony warrant for receiving stolen property. When the officers tried to arrest him, Cardenas ran from them. The officers were able to knock Cardenas to the ground, near Gordon Street and Fountain Avenue.
After a struggle, the officers arrested Cardenas. The officers included a summary of the force used in their arrest report. Their summary included a description of Officer Farrell striking Cardenas’ face. Following LAPD policy involving non-categorical use-of-force incidents (i.e. uses of force that do not involve serious injury, or life-threatening force), sergeants investigated the reported use of force. The investigation included interviewing witnesses, some of whom reported seeing the officers and Cardenas fighting. One witness described seeing an officer punch Cardenas in the upper torso.
Based on the LAPD's preliminary investigation, the involved officers and the investigating supervisors were not aware that an uninvolved witness recorded part of the arrest on a video camera. The footage was first made public September 14, 2006, during Cardenas’ preliminary hearing on the charges of resisting arrest and the felony warrant. The Cardenas defense showed the video in court; nevertheless, the judge held over Cardenas for trial.
The Los Angeles County District Attorney’s Justice System Integrity Division (JSID) provided the video footage to LAPD. A complaint investigation by Professional Standards Bureau was immediately opened. Both officers have been assigned to administrative duties, pending the investigation.
Upon completion, the criminal investigation will be referred to the District Attorney's office for their review and action. The Los Angeles Police Commission's Inspector General, Andre Birotte, is also monitoring the investigations, which include an administrative investigation by the Professional Standards Bureau to determine if LAPD policy or procedures were violated.
"Police work is not always pretty," Chief Bratton offered. "But in my 36 years in law enforcement, I’ve learned not to make a judgement until I have all the facts." Bratton added, "All of the provisions and safe guards under the Consent Decree were followed. We now have to let the process follow its course."
The District Attorney's office charged Cardenas with two counts of resisting arrest. Prosecutors also noted a gang enhancement, which could result in a stiffer penalty, should Cardenas be found guilty of the charges.
It sounds like Chief Bratton is staying neutrel on this one, if not siding with the Ofcrs.
Hopefully they will not be made out to be political sacrficial lambs, ala Ofcr Hatfield duirng the Stanley Miller arrest.
This will be a true test for Bratton and will definitely change morale within the dept, depending on which way the ship is steered.
If you are reading this Bill, do the right thing!
Posted by: James R. | November 09, 2006 at 07:59 PM
Why was an IA started if the officers had already reported the incident and it was already being investigated?
Posted by: wondering | November 10, 2006 at 06:02 AM
Any arest of a gang member and criminal is to be commended. If he only followed the officer's commands he'd have been arrested without incident.
Posted by: Marc | November 10, 2006 at 07:21 AM
I have reviewed the video of the Hollywood Division officers involved in a use of force. As Chief Bratton has stated, "police work is not always pretty." From the audio portion, the suspect advises the officers that he can't breath. As he makes this statement, he appears to have his arms and hands in a position that would make it difficult to place handcuffs on him. The officers also advise the suspect to allow them to handcuff him. A bystander can be heard in the background asking "what the $%^& are you doing?" One officer appears to call for back up, while another uses distraction strikes to the head of the suspect. It would appear that the suspect is not complying with the officers. In an attempt to place the suspect into custody, in order to prevent the escape of the suspect, and to overcome the resistance of the suspect, it would appear that the actions of the officers is appropriate. What is not in the video are the actions of both the suspect and the officers prior to the recording.
In every use of force there is an escalation and de-escalation. The recording did not capture what led up the contact with the suspect, the suspect's actions following initial contact, and the initial methods used by the officers in order to take the suspect into custody. In the video, the suspect is struck by an officer utilizing a distraction strike. Is this use of force escalating or de-escalating? In order to determine this, one has to ask, is the suspect in handcuffs? Is the suspect complying with the orders of either officer?
It would almost seem as though select members of the public expect the officers to call for a time out, go into a huddle, and then attempt again to take the suspect into custody using a far more politically correct and acceptable method.
The ugly portion of the video is clearly the distraction strike and that officers' knee along the upper body of the suspect. It would appear that his knee is on the suspect's neck. Initially, I am wondering why the other officer is not controlling the suspect's lower body by holding his legs together instead of sitting on his waist? Why is the distraction strike officer placing his knee on the suspect's upper body to hold him down? Obviously, this take down did not go the way we are trained in the academy in a sterile environment. We must remember that the suspect is not a training partner that will ultimately give up with no consequences. The suspect determines the level of force used by his actions, and by his demeanor. The officers did not choose the environment of the use of force.
At most, this is a training issue. Each officer must have a plan and this plan must be relayed to his/her partner. Whether this was done or not, I don't know. But with one officer on the waist, and the other with a knee to the upper body, what was the plan to place the suspect into a handcuffing position? Ultimately, the suspect is taken into custody. That is not on the video I have viewed. But from the portion I have seen, it would seem difficult to place him in custody while he is on his back given the position of the officers. But, I was not there. I have only seen a portion of the video. I did not witness what led up to the event. I have no knowledge of what methods were used to overcome his resistance. That is why neither I nor any other person who was not there can ultimately say this arrest was appropriate or not. In other words, give them the benefit of the doubt until all facts are known.
Stay safe.
Posted by: The Pigeon | November 10, 2006 at 07:27 AM
"ANY ARREST OF A GANG MEMBER OR CRIMINAL SHOULD BE COMMENDED AND IF HE WOULD HAVE FOLLOWED THE OFFICERS COMMANDS HE WOULD HAVE BEEN ARRESTED WITHOUT INCIDENT?" What do you suppose you wife, kids, father or mother would do when you have 180+lb officers on their chest, one of them on their throat beating and punching their face? And folks wonder why suspects just assume to shoot their way out of a crappy situation. One is they don't want to return to prison and two they know of incidents like this where they are taken advantage of unfairly. Eitherway, if cops want street justice and want to abuse the very power they have been given, then expect more cops to be hurt on the job; unfortunately the good and honest working cops will be exposed to the consequences as well.
Posted by: Mark | November 10, 2006 at 08:06 AM
Of course these comments are moderated, because you don't want people to FREELY SAY WHAT THEY THINK, and because the truth might come out about the fact that these officers are no different than SADDAM who is now guilty and sentenced to hang for CRIMES AGAINST HUMANITY!
The VICTIM who was being beaten repeatedly while already pinned to the ground was shouting (the best he could) that "HE COULD NOT BREATHE!" Your officers ignored this and continued to BEAT HIM IN THE FACE!
It did not appear that the victim was trying to hit the officers, but concidering he "could not breathe" it is very likely the victim was trying to hold and or wipe his face (Which is a natural and even involuntary action when someone is "UNABLE TO BREATH)!
I don't care what this person has done, YOUR OFFICERS CAN NOT PLAY JUDGE, JURY and POST SENTENCE in a matter of seconds after capturing a "suspect!"
This video is disgusting! But praise God someone shot it so that the TRUTH can be told!
It is abuse of power like this that DISGRACES THE ENTIRE POLICE FORCE OF AMERICA because now when people see a man or a woman in blue...
If a man in uniform wants some respect while in that uniform, HE BETTER DAMNED WELL KNOW HOW TO GIVE RESPECT IN THE FIRST PLACE!
If these men don't get fired and or do jail time for this ATTACK on this man, then I will know that the entire LA justice system is nothing more than a JOKE!
And if you actually have the courage to post this, then I will be surprised since it appears from the article and few posts above that you only have testosterone enough to self-justify beating a man while he is already down and to post only those comments in support of the officer's behavior and actions!
Posted by: El B | November 10, 2006 at 08:19 AM
El B, to call this Gangster a "victim", shows me you where you are coming from. He is a wanted violent criminal! Having worked gangs for over five years, gangsters are only victims when it is conveniant. Give me one good thing a gangmember stands for! Running from the police and not complying with officers orders, should tell you his mind set. Both officers knew his propensity for violence and now add in his actions of attempting escape. Just because he was cought doesn't mean he is giving up. I have had plenty of suspects say "I can't breath" in order to attempt another escape. REMEMBER THIS IF YOU CAN"T BREATH YOU CAN"T TALK! As long as gangmembers are treated so well they will take advantage and terrorize you and your community. Just ask those who have been victims, or their families.
Posted by: m officer | November 10, 2006 at 08:57 AM
I think that the police officers are within their right and if people do not want excessive force used on them, they best comply with the officer! If you are not guilty, you don't run. This guy (gangmember reportedly) should have no restitution against the officers or the department.
I believe that police officers have a hard job and that we as citizens make it hard for them to do their jobs as we have become sue happy. We choose to flee or be disrespectful and disobey the officers then we expect no harm....WRONG. We must pay the consequences of our actions!
Posted by: Heather | November 10, 2006 at 09:29 AM
This incident will be the acid test of whether or not Chief Bratton is a leader or a follower.
His officers are taught the tactics they used in the incident at the academy. They reported it in writing on their arrest report and to a supervisor (Sgt). There was no cover up.
The general public is not aware that police work is not pretty. How many of the general public would get violently sick upon viewing an everyday grusome homicide sceen?
These officers are being villafied for doing what they taught. Lets not forget the gangster was reaching for the gun of one of the officers. Lets not forget that all parties sustained injuries.
If Chief Bratton does not stand up for his officers in this incident, who would want to join the LAPD? He needs 1,000 new officers. If these new potential officers do not believe the Chief will back them on what they are taught to do, then why join LAPD.
Chief Bratton........stand straight and strong for your officers as they did what you expected them to do in a very professional manner.
Posted by: Jim Reed | November 10, 2006 at 09:35 AM
M Officer;
He may be a gangster/criminal, but can still wear the title of "victim" when an Officer in uniform loses control and abuses the power given to him by the people of the United States of America, (Who pay his salary), to protect and serve, and not become a Saddam-like Dictator of the streets.
Posted by: elb | November 10, 2006 at 09:52 AM
This video is extremely distrurbing! Yes, while police work may not always be pretty, this is truly a disgusting display of brutality.
The suspect repeatedly yells that he cannot breath and is obviously struggling to do so. The fact that he cannot breath explains is movements much more rationally than the claim that he is resisting arrest. The officers completley ignore his plea for air, never attempt to release his neck so that he can breath, repeatedly strike him in the face when he's already pinned to the ground with one officer straddling him and the other officer holding his neck down with his knee. Hmmmmm.... doesn't this seem excessive?
While we cannot see what happened prior to this exchange, we don't need to. This is a suspect who has been sufficiently subdued and does not warrant repeated blows to the face.
When will the LAPD get its act together and stop violating the civil liberties of LA citizens. Especially those of color.
I'm so appalled and sickened by this latest incident. Not only should these officers be fired, but criminal charges should be brought against them. Hopefully the FBI will find sufficient cause to do just that.
Posted by: Christine | November 10, 2006 at 10:05 AM
CHIEF BRATTON,
STOP THE CORRUPTION AND SET AN EXAMPLE!
SEND THE OFFICERS TO JAIL.
WE AGREE, THERE IS NOTHING PRETTY ABOUT BEING AN OFFICER; BUT AT THE SAME TIME, THERE IS NOTHING PRETTY ABOUT BEING THE CHIEF OF CORRUPT OFFICERS.
TAKE CHARGE AND ILLUSTRATE TO THE COMMUNITY YOU ARE A LEADER AND POLICE BRUTALITY WILL NOT BE TOLERATED.
Posted by: concerned citizen | November 10, 2006 at 10:08 AM
I predict that:
1. The Ofcrs will not be indicted by the DA or the Feds.
2. The Ofcr's use-of-force will be administratively disapproved for improper tactics. They will be ordered to get re-trained.
3. The City of LA will reward the perp's atty. and the perp himself some go-away money and the case will become another footnote in LAPD's history.
4. The perp will blow said reward and ultimately end up back in jail again.
5. The rest of the hard-charging cops on the LAPD will think twice about stopping gang members, much less chase them for fear of being assigned to admn. duties and possibly being indicted/fired.
Just another day for LA Justice!
Posted by: Dick Swagger | November 10, 2006 at 10:16 AM
elb, christine, and concerned citizen...
too bad he fought the police. most people who have been raised to follow direction and respect authority have no issues as this guy did. yeah he yelled he can't breath but he was still resisting. hell, one cop had a handcuff on the guy and was still fighting to get the other cuff on. you call that "OK"
you people dont understand that you pay them to keep these thugs out of your neighborhoods. you expect them to keep your street safe but now you want to tell them how to do it. why not go do it yourself. typical ACLU to cry about the LAPD again. I don't see them helping police the streets or fight the war on terror. this gangster deserves to go to jail. he had a warrant, he was drinking in public, and he fought the police. throw the book at him.
if the cops acted out of policy then hammer them. but seeing that they reported the incident truthfully in their arrest report and that the department knows about the indicent and did their own investiagtion tells me the defense counsel is up a creek without a paddle and is grabbing at straws to try and get him off. most of these defense attorneys try and pull the trump card every chance they get. you can thank them for criminals running on the streets.
hats off to the police for still being pro-active and knowing their community. If you looked at cardenas and knew he had a warrrant would you go drink with him.... I think not!
maybe i will call you when i need the police. let the police have a day off and you can save the city!!!
Posted by: shell | November 10, 2006 at 11:25 AM
I do not think that it from the police am quite, even if this is guilty him air to take away. And not on its calls to be received separate it in the face strike. It is the last of the LAPD. This is not right
Posted by: Ziel | November 10, 2006 at 11:36 AM
I saw the video. The suspect was in custody. How can beating someone in custody not be an abuse of power and pure emotional retribution? Regardless of the facts forthcoming, is it lawful for law enforcement officers to punch suspects in custody? Filming leads to accountability and accountability is a necessary thing for those in power.
Posted by: Karl Gustafson | November 10, 2006 at 12:07 PM
Wow! Maybe all cops should just walk off the job now and let the city go to hell. People who think these officers are corrupt and their acts are criminal should go back to sleep and bury their head in the sand. Police work is not pretty and is at times violent.Nowadays everyone wants to expose the "demons" of the police daepartment with fantasies of being famous. Who are we kidding? Do people really believe that cops are willing to sacrifice their jobs, security, homes, lifestyle, etc. for a gang member? We can notionalize peace all we want but it isn't going to happen. But I guess until everyone has been a victim of or witness to the brutal crimes that constanly happen, cops will be their favorite targets. Where is the public outrage for Officer Ripatti? She is now permanently disabled and will never be able to walk with her child. Where is the justice there? It's a vicious cycle and the media sensationalism just cranks out the ratings without regard to the destruction it causes to police everywhere.
Posted by: TW | November 10, 2006 at 12:26 PM
The same people crying here are the same ones who cry, "What are the Police doing about the criminals who break into cars"?
The criminal you are defending is the same one victimizing you. These savages are laughing at you when you defend them, they love how they are manipulating you and the system.
If you think you can do a better job than these Officers, please feel free to join the LAPD and show them.
By the way, there's not too many ways to chase and then take down a 6'2, 220 lb gang member who's been fighting in the streets from age 7. Either way it's done, it's going to be violent.
Posted by: Dick Swagger | November 10, 2006 at 12:42 PM
Karl,
In custody does not mean that the police have a hand on you or are sitting on you. In custody means handcuffed and controlled. The gangster was not handcuffed and certainly not controlled. While you may think that a punch to the face is burtal it is a trained technique used to distract a suspect so the resistance (tense muscles, locked out legs or arms, rolling on the ground...etc.) stops for even a brief second so that an officer can get a handcuff on the suspect and hopefully end the situation. Officers try hard every day to end situations before they escalate.
Posted by: ABC Officer | November 10, 2006 at 12:45 PM
This is outrageous. I can assure you that any commissioner that found that this was more than reasonable will not have my vote. I can understand why the LAPD is constantly being viewed as gangsters themselves. I'd like to see how the D.A.'s office handles a gang that attacks and repeatedly punches an LAPD cop while he's down. Simple battery or attempted murder of a peace officer? So, a wanted gang member runs and LAPD catches him. He loses all his rights as a person?
...if you want the violence to stop in the City of Los Angeles, look outside for a reality check. LAPD doesn't respect the citizens. What is LAPD or the city for that matter doing to turn gang members around? Beating them into submission while the suspect is restrained? That's right...treat everyone like a king, right(Rodney King)? I hope the FBI and court system step up to the plate and hold the officers involved with a serious match of accountability.
Posted by: Mark | November 10, 2006 at 12:58 PM
IT DOES NOT MATTER WHAT LED TO THIS SITUATION. TWO MEN HOLDING ONE MAN UP ,BEATING HIM ,AIMING FOR THE FACE IS NOTHING BUT COWARDICE.SHAME ON ANYONE WHO SEES IT OTHERWISE
Posted by: rod consuegra | November 10, 2006 at 01:05 PM
The citizens of Los Angeles: Please wait and hold judgment until ALL the facts come out. It is very clear that this video does not show ALL of the incident.
Sometimes police officers have to use force to control a suspect. Sometimes officers have to use whatever means is available to control the suspect.
Posted by: Blake | November 10, 2006 at 01:08 PM
Swagger,
It appears you and the rest of the dept seem to perceive the issue in a very distorted manner. Please review the tape.
It is clear the victim was fighting for his life; he was not fighting the officers.
Your comments actually feed the corruption that exists within LAPD.
The badge worn by law LA's finest does not entitle them to behave as if they were contestants for "Ultimate Fighting."
An alternative should be implemented to address issues of anger management among law enforcement officials; the dept should be re-evaluated.
Chief Bratton, “Were counting on you”;
this is not a mere report filed by another victim. It’s on tape!
Observe the aggression.
Posted by: concerned citizen | November 10, 2006 at 01:21 PM
Mark and El B....before you are so quick to critize the fine men and women who protect YOU from these thug criminals, why don't you do a ride along with a Southend Gang unit?? Pick the division: Newton, 77th, Southeast, Southwest, or try Rampart. You think you have all the answers and that the Cops are the bad guys? I know neither one of you two keyboard commandos have ever met up with real Gangstas because if you had, you wouldn't make such ignorant statements. You have NO idea what you are talking about, nor do you know anything about approved police tactics, so keep reading the New York and LA Times and tell yourselves that you know what it is like to protect and serve...There is nothing in that video that shows Police brutality. Also, ask yourself why are the two cops winded and out of breath? Could it be because this thug was putting up one hell of a fight?? Let's send the cops to jail....and why not close down Guantanamo while we are at it? We're being so mean to those nice terrorists...
Posted by: Line Reserve Guy | November 10, 2006 at 01:33 PM
Chief Bratton,
Take a look at this other Youtube.com video. It's a video of your old department (New York Transit Police) effecting an arrest of another criminal who resisted arrest.
It's practically the same use-of-force, complete with the criminal fighting in a supine position.
There was nothing wrong with it than and there's nothing wrong with it now.
FYI.
http://www.youtube.com/watch?v=elzz24HNAWc&NR
Posted by: Cop | November 10, 2006 at 02:22 PM