Carey Cass Hudson admits to being charged with driving drunk and being hauled down to the Fort Worth jail — but he’s not defending against a DWI charge. Nope, Hudson is fighting Fort Worth law enforcement by accusing the cops of using excessive force against him down at the station.

And Carey Cass Hudson has it all on videotape to boot.  (Watch the video below, released by Carey Hudson and the Fort Worth Star Telegram.) 

Warning: This Video is Disturbing.

As you watch the video, you’ll see the following:  he’s handcuffed behind his back.  Not much of a threat to anyone, right?  He’s being escorted by more than one police officer.  He’s shoved into a door frame.  Lotsa cops around.  Then he’s thrown onto the floor in a manner that would make Mike Tyson proud: fast, deliberate, with power.  Carey Hudson doesn’t move, except to curl into a fetal position once he’s on that linoleum floor. 

Two things of note.  Look for the blood there by his head once the cops start to move him.  And count the cops that are either involved in this brutality, or that sashay by while this man is lying there, bleeding. 

The Dallas Morning News is reporting that the DWI charges have been dismissed against Mr. Hudson, and that a settlement of $120,000 is being offered to Mr. Hudson by the City.   You betcha a quick settlement would be good for the City. 

Fourth Amendment, 1983 Actions, and the Crisis of Excessive Force/Police Brutality in this Country

But is this justice?  First, let’s consider what is Excessive Force under the law.  The United States Constitution, under the Fourth Amendment, allows for a personal seizure if it is “reasonable.” 

Remember the Fourth Amendment?  “No person shall be deprived of life, liberty, or property without due process of law.”   That’s important.  Especially today. 

Cross the reasonable line, and you have a federal constitutional violation, and a violation of the Civil Rights Act (42 USC 1983) as well.  That law reads:

Every person who, under color of any statute, ordinance, regulation, custom or usage of any State . . . subjects or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . .

What’s unreasonable force?  Unreasonable, or excessive force, is any force that is greater than the amount of physical force needed to subdue a criminal suspect. 

Excessive Force by Cops is a National Law Enforcement Crisis Today

Lack of trust in local police departments due to cops’ repeated use of excessive force is a crisis nationally.  It’s happening everywhere, not just in our neck of the woods. 

Good thing that video cameras are available to document these events – because you gotta wonder if any of us would know anything about what happened to this man in that police station if that camera hadn’t been there. 

Is this an example of Excessive Force?  You decide:

David Board, Chief of Police for Bastrop, Texas, was driving along Ed Bluestein Blvd. in Austin around 9:45 pm this past Monday night when some of his law enforcement brethren pulled him over — and busted him for driving drunk. 

That’s right: the Austin cops gave no special favors.   The Police Chief was busted. 

Chief Board was charged with misdemeanor driving while intoxicated and later released on a $5000 Personal Recognizance Bond.  He’s not on the job, however:  the City Manager has told the media that the Assistant Chief will be handling those job duties while Chief Board deals with some things. 

Right on the Heels of the State-Wide 2010 Labor Day DWI Enforcement Initiative (August 20 – September 6)

Interesting that the Bastrop Police Chief was arrested for drunk driving within days of the beginning of this year’s state-wide DWI enforcement grant program, which begins this Friday (August 20, 2010) and continues over the Labor Day holiday ending Monday, September 6th, 2010. During this block of time, police officers across the state will be focusing upon stopping potential drunk drivers — and over the Labor Day weekend, we’ll have another of those state-wide “No Refusal” campaigns. (“Where the police “don’t take ‘no’ for an answer.”)

Here’s the video that KTRE is graciously sharing online with all of us, showing Lufkin cop Grant Jones pulling over 75 year old Tracey Lott as he was driving fast, trying to get his pal Johnny Hodge, 73, to the hospital. (Mr. Hodge was later hospitalized for respiratory and blood pressure problems.) Surprised?

After this dashcam video hit the media, office Jones resigned.

Watch for yourself as the police officer pulls the car over, draws his gun on the obviously non-violent, non-threatening senior who was driving, is disrespectful as he forces the driver, handcuffed behind his back, into the police car, and more.

Listen to his tone, his words — and think: the elderly gentlemen in that passenger seat, on the way to the hospital, could be dying.  Luckily, he wasn’t — but who knew that at the time? 

“It don’t make no difference, ” the cop says to Mr. Hodge – ill, sick, setting in his buddy’s front seat there on the side of the road, as Mr. Hodge tries to explain that his friend was just trying to get him fast medical care. No wonder this is getting national news coverage:

On Sunday morning, life changed forever for Dallas Police Chief David Brown.  Understandably, both Chief Brown and the entire Dallas metropolitan area are still reeling about what happened, amazingly, just three days ago. 

Police Chief Son’s Known Mental Illness Issues

The police chief’s son was known to have mental health issues.  His live-in girlfriend (and the mother of the Chief’s grandson), Misti Conaway, told Lancaster cops when they responded to her domestic dispute call earlier in the day that David Brown Jr., 27, was bipolar.  (She also told them that he had taken drugs that day, and was acting as if he were on PCP.)

School authorities already knew that David Brown Jr. had hit his 10-year-old son, and the local authorities were investigating the boy’s black eye as suspected child abuse. 

Seven hours before the tragedy, David Brown Jr. was seen brandishing a gun at the apartment complex swimming pool as he danced around, humming to himself, wearing only boxer shorts and sunglasses. 

Lancaster Cops Interviewed David Brown Jr. and Left Him There

When Misti Conaway called the cops, they went to the scene and left with Conaway and her two sons. 

They interviewed David Brown Jr., and they checked the apartment.  Today, these cops stand by their story that he seemed fine to them, not a danger to himself or others at the time.  He wasn’t arrested.  He wasn’t taken in as an involuntary commitment.   

Their actions are recorded on a dash cam video.  Reportedly, you can hear Brown yelling about the kids not reading their Bible …. One last thing before they left: they left a voice mail message for Chief Brown, telling him they’d stopped by his son’s place and everything was fine. 

David Brown Jr. Shot and Killed Two Before Dying in Gun Battle with Police

Within hours, David Brown Jr. took a handgun (assumedly the same one he’d been threatening folk with at the pool) and grabbed a rifle, and shot and killed a man driving into the complex with his girlfriend and two young kids, Jeremy Jontae McMillian, 23.

Brown Jr. then fatally shot Lancaster Police Officer Craig Shaw, 37. It’s no surprise that the next thing to happen in this sequence of events was David Brown Jr. dying in a shootout with police in the parking lot of the apartment complex.

It was Father’s Day.  Chief Brown had been on the job for 2 months.

Today, it’s still national news that the Dallas Police Chief’s son was killed in a gun battle with local police, after killing two men.  Chief Brown issued a statement on Tuesday.  It was gracious and expressed sincere condolences to both of the victim’s families.

Should Chief Brown Resign?

There’s lots of talk that Chief Brown will resign.  However, many see that as the wrong response.  Even the girlfriend of slain Jeremy McMillian doesn’t want this: she’s quoted as saying that Brown Jr.’s actions were those of an independent adult, and not to be attributed to the Police Chief. 

What About those Lancaster Cops?

Meanwhile, what about those Lancaster cops?  One has to wonder why Brown Jr. was left there that day, obviously suffering from some type of mental break — he’d been acting strangely all day. 

• Why didn’t they learn about Brown Jr.’s antics at the pool? 
• Why didn’t they find the handgun (the girlfriend told them one was there)?
• Why didn’t they take Brown Jr. in for evaluation?
• Was it because they were afraid that Chief Brown would be upset with them? 
• They made sure to touch base with the Police Chief by calling him on the phone to tell him about their visit.  Why do that?

You gotta wonder if David Brown Jr. would have been left there on Sunday if those two patrolmen weren’t so impressed with his dad being the Top Dog of Dallas Cops. 

Let’s hope their actions are fully investigated.

Sincerely condolences to the families of all those who died in this horrible tragedy.  Including especially Dallas Police Chief Brown.  

Allen Police Cpl. Melissa Smith was once married to another Allen police officer, and together they had a child, a baby boy.  After they divorced, Cpl. Smith married again – and her second husband, and the boy’s step-father, was also a member of the Allen Police Department.  

You’d think that a boy being raised by all these members of law enforcement — those who are sworn to “protect and serve” would be safe.  Extra-safe.  Super, duper safe.  And you’d be wrong.

Court documents made it plain.  Examinations by physicians detail the harm.  This 11-year-old boy, while in his own home there in Allen, was struck on his head with a metal spoon by his mother, as well as being hit with her hands (fists?) in the face.  She also spanked him with a belt, with enough force to leave marks and bruises. 

Mom Melissa did this, why?  According to the arrest affidavit, the boy was “disrespectful” to her.  He “rolled his eyes” and made “sarcastic comments” to her.  So, the trained police officer lost it and went after her boy.

But wait.  There’s more. 

Not too long after this abuse happened to the kid, the step-father comes home.  (Remember, he’s a cop, too.)  Once he gets home and after hearing what happened — quoting now from the affidavit, he “handcuffed the victim, threw him to the ground, strangled him, picked him up and placed him in a car and transported him to the Allen Police Department.” 

Both Mom Melissa and Step-father Bob have been arrested for this.  Step-father Robert Darren Smith has been charged with a misdemeanor, official oppression, while mother Melissa Smith faces felony charges, injury to a child. 

Geez.  If these two cops would do this to their 11 year old SON, one can only wonder how they would treat — and HAVE treated — the citizens of Texas whose paths they’ve crossed out there.  

There’s no excuse for this behavior.