These are a little over a month old I think, so maybe they've already been posted. Here's some excerpts:
On the legal basis for dismantling tents
"Indeed, in a January 13, 2012 letter to Kroll investigative staff, Senor Campus Counsel Michael Sweeney noted several Kroll investigators have asked questions about the laws that apply to camping on the quad, and the laws that were cited in the police arrest citations. I will use this opportunity to briefly clarify this topic. The law that most clearly applies is California Code of Regulations, title 5, section 100005, enclosed, which prohibits non-affiliates [emphasis added] from camping on University property. Thus, in response to questions about the legal basis for the police action the administration cites legal authority that only applies to non-affiliates. "
"In the course of its investigation, Kroll has been unable to identify the legal basis for the decision of the Leadership Team to act against the protesters and for the operation mounted by the UCDPD. It appears that the UCDPD mounted its operation absent the clarity of legal authority under pressure from the Administration to do something to get rid of the tents. The interviews conducted by Kroll indicate that Chief Spicuzza failed to challenge or question this administrative policy directive at crucial decision points. Indeed, according to Pikes Supplemental Narrative Report, it was Lieutenants Pike and Officer P who demanded the last-minute call to Campus Counsel to obtain legal guidance. "
On the pepper spray used
"With respect to the pepper spray, the weapon used was a MK-9, First Defense Aerosol Projector. This item is different than the MK-4 product that is generally carried by individual officers. It has a higher pressure, is nitrogen driven, and is intended for crowd dispersal rather than field applications. The recommended minimum distance for the application of the MK-9 is six feet, versus three feet for the more commonly personally carried MK-4 Aerosol Projector."
"No. 559 does not mention or authorize the use of the MK-9. It does authorize pepper spray, specifically the MK-4, but it contains no discussion of the MK-9. Kroll found no indication that any member of the UC Davis Police Department has ever been trained on the MK-9."
TL;DR: It doesn't seem there was any actual legal basis for removing the tents, and the pepper spray used was unauthorized and used incorrectly (he was significantly closer than six feet away).
There's all sorts of ridiculous things in the reports. The operation to remove the tents was pretty much a circus of errors.
Quite literally everything we know says the officers were in the right and their actions were justified. Anyone that got pepper sprayed was warned excessively and deserved it. There were no proven cases of serious injuries from misuse of the pepper spray as initially reported, and indeed there has been no evidence I've seen of misuse or abuse period.
-- Joyrock Fresh from my first justified ban. Ever!
LordoftheMorons posted... Joyrock being awful as usual
He just told you why it was unjustified using actual regulations
No, he told me what the regulations forbade, though this was both an unusual circumstance and that could easily be only part of the story.
But regardless, I wasn't talking about legality. You can argue that all you want, but when a crowd is acting menacing like they were, they deserve what they get.
-- Joyrock Fresh from my first justified ban. Ever!
Liquid Wind posted... people should really stop responding to joyrock, you don't carry on an argument with a child as if they were your equal, same deal
rofl, you're regularly wrong so your argument is to call me a child, cute but sad.
-- Joyrock Fresh from my first justified ban. Ever!
Not only does it state it was misused, it stated that it was a type of pepper spray they weren't even allowed to use regardless in that situation.
And I could care less. I wasn't talking about legality, I was talking about it being justified, and as far as we know there could be a hell of a lot more to the legality than that.
-- Joyrock Fresh from my first justified ban. Ever!
"On balance, there does not seem to be an objective, factual basis for Lieutenant Pike to have believed that he was trapped or that his officers were prevented from leaving by the seated protesters. Furthermore, there is no objective evidence available to Kroll that depicts any attempt by the protesters to use violence.
Considering all the available evidencewhile recognizing that Kroll investigators were not able to interview Lieutenant Pike to learn and report on his state of mind at the moment he used the pepper spraythe deployment of pepper spray does not appear to have been an objectively reasonable use of force. This conclusion is buttressed by the facts that the MK-9 was not an authorized weapon under UCDPD guidelines and that UCDPD officers were not trained in its use."
keep in mind this is the report of the task force assigned to investigate the entire incident that the chancellor spoke of months ago
Are you one of those people that doesn't think free speech is a right or something? As Gin noted there was not adequate evidence for Pike to expect that he or his men were in immediate danger.
-- No I'm not a damn furry. Looney Tunes are different. - Guiga I wanted Sonic/Shadow romance at that time, not sex. - MWE
VintageGin posted... well if you're talking about it being justified
"On balance, there does not seem to be an objective, factual basis for Lieutenant Pike to have believed that he was trapped or that his officers were prevented from leaving by the seated protesters. Furthermore, there is no objective evidence available to Kroll that depicts any attempt by the protesters to use violence.
Considering all the available evidencewhile recognizing that Kroll investigators were not able to interview Lieutenant Pike to learn and report on his state of mind at the moment he used the pepper spraythe deployment of pepper spray does not appear to have been an objectively reasonable use of force. This conclusion is buttressed by the facts that the MK-9 was not an authorized weapon under UCDPD guidelines and that UCDPD officers were not trained in its use."
keep in mind this is the report of the task force assigned to investigate the entire incident that the chancellor spoke of months ago
rofl what laughable BS.
The officers were surrounded by a ring of people chanting "**** the police" among other things, telling them they would not let them leave until they released the people they were arresting.
Pike went around before using the pepper spray and informed every individual what was about to happen and what he would have to do if they did not move.
They were given sufficient warning and there was more than justifiable cause. The protesters were idiots that deserved what they were given.
-- Joyrock Fresh from my first justified ban. Ever!
LordoftheMorons posted... Are you one of those people that doesn't think free speech is a right or something? As Gin noted there was not adequate evidence for Pike to expect that he or his men were in immediate danger.
Are you one of those people that thinks free speech means you should be able to threaten police officers and willfully impede their activities?
-- Joyrock Fresh from my first justified ban. Ever!
The officers were surrounded by a ring of people chanting "**** the police" among other things, telling them they would not let them leave until they released the people they were arresting.
Pike went around before using the pepper spray and informed every individual what was about to happen and what he would have to do if they did not move.
They were given sufficient warning and there was more than justifiable cause. The protesters were idiots that deserved what they were given.
Wait, I don't understand something.
If Pike was pepperspraying people because he was concerned because they were surrounding him and yelling at him, why did he not just pepperspay them, instead of the people who were sitting on the ground peacefully?
--
"One of these days, I'm gonna find a loophole my friend." - Man in Black
First, and foremost, the apparent reason for the officer and arrestees remaining on the Quad after the tents were down was because there had been no arrangements made to transport the arrestees from the Quad. The lack of timely decision-making by Lts. Pike and Officer P to respond to this unplanned situation caused an escalation of an already volatile situation. There are a number of other factors that undermine the belief that there was no alternative to use of pepper spray. Specifically, the following belie the conclusion:
Officer F was able to walk arrestees through the crowd to a waiting squad car for transport to the Police Station;
Officer P was able to step over the line of seated protesters and walk through the crowd to meet with the Davis PD who arrived to provide mutual aid. He led the Davis PD contingent back through the crowd to the protesters without incident;
Lt. Pikes actions and body language include stepping over the seated protesters to get to their faces, a move that would not generally be undertaken with a hostile crowd.
Approximately 20 minutes after the pepper spray was used, Lt. Pike and one other officer returned to Quad without riot gear and asked protesters to remove additional tents that had been erected. The tents were removed without incident.
but hey you're more qualified than a task force specifically put together to investigate this incident right
This is the kind of situation that justifies the use of the word literally.
There's no legit source anywhere that states people were crowding around saying "f*** the police" OR that they had trapped him in a circle and told him they wouldn't let him leave.
The officers were surrounded by a ring of people chanting "**** the police" among other things, telling them they would not let them leave until they released the people they were arresting.
Pike went around before using the pepper spray and informed every individual what was about to happen and what he would have to do if they did not move.
They were given sufficient warning and there was more than justifiable cause. The protesters were idiots that deserved what they were given.
Wait, I don't understand something.
If Pike was pepperspraying people because he was concerned because they were surrounding him and yelling at him, why did he not just pepperspay them, instead of the people who were sitting on the ground peacefully?
He only pepper sprayed people that were obstructing the police.
I've yet to see a single instance where someone didn't earn it.
But then again, this is B8, devoid of factual knowledge with a heavy bias against police and government.
-- Joyrock Fresh from my first justified ban. Ever!
tereziWright posted... You literally just made that up.
This is the kind of situation that justifies the use of the word literally.
There's no legit source anywhere that states people were crowding around saying "f*** the police" OR that they had trapped him in a circle and told him they wouldn't let him leave.
Why am I bothering.
Why haven't I blocked you.
EDIT: To joyrock of course.
As I said, B8, devoid of factual knowledge.
Still trying to find the original video shown to me, but that's towards the end of it and shows the agressive chants. Sadly it didn't have the one with them chanting "If you let them go, we'll let you go" or something similar.
-- Joyrock Fresh from my first justified ban. Ever!
"On cursory review, the testimonial, photographic, and video evidence showing that in fact a crowd had partially encircled the police and was shouting chants like If you let them go, we will let you leave may appear to support that contention. However, a more careful review reveals several facts that conflict with that belief and which the commanders should have known. For instance, there were breaks in the circle around the officers. Where the circle was unbroken, the line was often still only one- or two-people deep, some of whom were seated, and many of whom may have been observers crowding around to see what would happen not protesters. Also, the more hostile chants were cut off by the majority of the crowd almost as quickly as they had started. Nor did they appear to reflect an actual intent by the crowd to prevent police from leaving with their prisoners. In fact, it was during one of the If you let them go, we will let you leave chants that was able to leave, escorting an arrestee to an awaiting police car by simply walking him straight through the crowd, without incident or force escalation. then returned and escorted another arrestee out through the crowd, again without incident. Both of the ranking officers in charge of the operation, Lt. Pike and were also able to move through the crowd freely, stepping over seated protesters on at least three occasions and just minutes before Lt. Pike sprayed those same protesters with pepper spray."
Still trying to find the original video shown to me, but that's towards the end of it and shows the agressive chants. Sadly it didn't have the one with them chanting "If you let them go, we'll let you go" or something similar.
Yeah, they were definitely trapped by those students. That is why they were EASILY able to step over the barrier ring, so they could more easily pepperspray those people
--
"One of these days, I'm gonna find a loophole my friend." - Man in Black
Still trying to find the original video shown to me, but that's towards the end of it and shows the agressive chants. Sadly it didn't have the one with them chanting "If you let them go, we'll let you go" or something similar.
Yeah, they were definitely trapped by those students. That is why they were EASILY able to step over the barrier ring, so they could more easily pepperspray those people
"Oh hey these people were trying to block off and threaten the police, certainly they didn't deserve any sort of punishment"
There's no point to this argument on here.
You're wrong.
The officers were in the right.
You're an idiot if you think differently, as has been pretty damn obvious from the very beginning.
They weren't blocked though. They literally walked right over those people. You could argue that the bigger threat was the rest of the crowd. It's hard to tell how many people were standing behind those who were sitting. But by time the pepperspraying canisters were pulled out, they had been given enough berth to get by without problems.
And that is the key thing. Literally all they had to do to get by AT THE MOST was just pull out the canisters. They didn't need to actually use them. And they used them on people they had already gotten by.
--
"One of these days, I'm gonna find a loophole my friend." - Man in Black
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