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JD Christian
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Post subject: Excessive Force Posted: Wed Oct 15, 2008 11:33 am |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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July 2007
The Background:
I was at a bar/nightclub in Blaine helping a couple of buddies DJ & MC the club end of things. I had previously been a bar/nightclub DJ in the Twin Cities for 6 years. I had been a bouncer before that. In any event, we had been out there several times to run a couple nights (entertainment wise).
This particular night started a bit early as far as the BSing and drinking was concerned. Myself and the owner of the entertainment company (“Mr. X” for this purpose) providing the services to this bar had done a few shots amidst the cocktails. Also both myself and “Mr. X” have had MANY years of nightclub experience (combined especially).
That being said, please understand that there is a great deal of ego/cocky persona that goes along with working in this business. Mix that with the alcohol consumed by both myself and “Mr. X”, it was a disaster waiting to happen. Also, generally, what happens at a nightclub with employees is dealt with internally. Employees on an off night are generally the ones that consume too much. It’s a backdoor exit and a cab, no cops. The manager that was working at this establishment on this night was new and had previously managed an Applebee’s, not a nightclub. There were also bouncers at this establishment as well.
The Event:
Myself and “Mr. X” had been discussing the MC plan for the night as another individual was to be DJing. Keep in mind, MC’s run the show. So here’s room for disagreement, almost always when both MC’s have been drinking. Well a couple hours in this disagreement occurred. There was yelling, pushing/shoving, etc. (Been there, done that. Both of us have been. To quote “Mr. X” regarding the situation a week later: “It wasn’t the first time, it wasn’t the worst time and it won’t be the last time.” Speaking in general not about us in particular.) The rookie nightclub manager became alarmed, I was escorted out by security and the rookie manager called the Blaine P.D.
The Response:
6 Blaine police officers responded. Upon Blaine P.D.’s arrival, I was outside calm, cool and collected. I was several yards down from the manager while the police talked to both her and me. I stated that I knew my actions were out of line. I attempted to apologize to the manager. The police asked me what happened I explained that Mr. X and I had been drinking together and were working together this night and we had gotten into a disagreement. I told the officers I had consumed enough alcohol as to not want to drive and I was nowhere NEAR my car. I was going to have a friend come and pick me up.
One Blaine officer tried to forcibly make me take a breathalyzer (according to MN state law, I don’t have to and I can refuse without penalty if I’m not operating a motor vehicle.) and I refused. I bit the “straw” off and spit it out. I then grabbed my phone and started to try and call my lawyer. I had my phone taken from me.
Another officer then grabbed my face and forced another breathalyzer in my mouth, at which point I pushed his hands away from my face. (As far as I have read, according to MN state law, I have the right to have a lawyer present during any breath test.) At this point I had the attention of all 6 Blaine police officers and my face rapidly met the cement.
Was I being cooperative? No. I was busy having my rights violated and then getting the $#!T kicked out of me by 6 cops. After they had me subdued to their satisfaction I was placed under arrest and put in the back of a squad car. I was buckled in and transported to Blaine PD and then finally to Anoka County Jail.
In the morning I had noticed I was in a great deal of pain and my right foot had swollen by almost 50%. I was released the following morning without bail, without a hearing or anything, just kicked to the curb and released with a court date and what I found out a day later to be a broken foot. The charges? Misdemeanor “disorderly conduct” and Gross misdemeanor “obstruction of legal process.”
The Result:
I had to have surgery on my foot and have a pin put in. My foot causes me constant pain to this day. I try to avoid Blaine at all costs, if pulled over I will NOT step out of the vehicle or roll my window down more than a crack and request either an Anoka Deputy or a State Trooper. Through all the people that asked me how my foot was broken, I explained Blaine P.D. did it. The response from most people? “Ohhhh…Blaine…” On October 6th, 2008 I plead guilty to the disorderly conduct charge.
I finally got to read all the statements from the 6 responding officers. Out of all 6, there were only a couple consistencies: 1. The defendant appeared calm and cooperative upon arrival. 2. The defendant stated he had too much to drink and did not (was not going to) want to drive. One of my favorite quotes from one officer was: “The defendant wouldn’t put his feet in the squad so myself and officer so-n-so kicked at his foot until he complied.” I’m 6’3” tall and 240lbs, I can’t just jump in the back of a squad.
That all being said. Was I out of line inside the bar? Yes. Was I intoxicated? Yes. Was it necessary to kick the $#!T out of me? HELL NO.
I own up to being an idiot that night, but slamming me to the ground, “delivering leg strikes” and “kicking at my foot” until I complied was an abuse of power and excessive force. It was 6 “cops” operating with a mob mentality. Good thing I wasn't carrying back then, they probably would have just shot me off the bat.
"Mr. X" and I still talk. Nobody got hurt that night except me. Nothing else ever came out of this incident.
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
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chunkstyle
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Post subject: Posted: Wed Oct 15, 2008 11:48 am |
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Longtime Regular |
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Joined: Wed Sep 21, 2005 8:28 pm Posts: 2362 Location: Uptown Minneapolis
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Lawyer, lawyer, lawyer. It's likely too late now.
_________________ "The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960
"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat
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Pat Cannon
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Post subject: Re: Excessive Force Posted: Wed Oct 15, 2008 12:13 pm |
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Longtime Regular |
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Joined: Mon Aug 08, 2005 10:53 pm Posts: 1421 Location: South Minneapolis (East of Lake Nokomis)
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JD Christian wrote: Nothing else ever came out of this incident.
Except some loss of good will for the Blaine PD and cops in general. How's your foot?
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JD Christian
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Post subject: Posted: Wed Oct 15, 2008 12:14 pm |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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See below?
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
Last edited by JD Christian on Wed Oct 15, 2008 12:24 pm, edited 1 time in total.
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JD Christian
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Post subject: Re: Excessive Force Posted: Wed Oct 15, 2008 12:17 pm |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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chunkstyle wrote: Lawyer, lawyer, lawyer. It's likely too late now. No doubt eh? I don't know what the statutes of limitations is on a civil case like that would be. Me v Blaine P.D. Pat Cannon wrote: JD Christian wrote: Nothing else ever came out of this incident. Except some loss of good will for the Blaine PD and cops in general. How's your foot?
My foot still bothers me on a daily basis. It's stiff and has to crack every morning. Generally aches constantly.
However, I do like cops in general, I do NOT trust Blaine cops. The unfortunate thing is I had to explain to my now 8yr old son how my foot got broken (I do not lie to my son). Then I had to explain that not all cops are bad. It was a horrible thing to do especially when children are taught to respect the police (which they should). But not all cops warrant that respect.
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
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Lady Glock
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Post subject: Posted: Wed Oct 15, 2008 12:24 pm |
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Senior Member |
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Joined: Mon May 26, 2008 11:50 am Posts: 348 Location: North suburbs
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Blaine PD are not some that I would trust my livelyhood on!
I was watching a friends house while he was out of town. I went out to take the trash to the curb for pick-up the next day and his dog knocked me down allowing the door to slam shut behind me...locking me and the dog out of the house. I had my cell phone and called the police to come to my assistance. (this was wintertime, last January).
A Blaine PD came to the house (nearly half an hour after my call). I had told the operator that I was outside without a coat and no way to protect against the elements.
I had asked for him to take me to another house where another man had a spare key and he said it wasn't his duty to do so. He finally did, after putting me in the back of the car and telling me what a screw-up I was and how I was in a very bad situation. (he made me feel very uncomfortable/vulnerable)!
The friend wasn't home so he took me back to the house. I asked him to help me get a number for a locksmith to come let me in. He told me that wasn't his job. Finally I convinced him to get a number for me and he left me standing out in the cold waiting for the locksmith, who finally came after about another 35 to 45 minutes. I was very cold, very tired and feel that I was probably close to hypothermia.
So much for serving and protecting!
_________________ When seconds count between life and death, the police are only minutes away.
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JD Christian
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Post subject: Posted: Wed Oct 15, 2008 12:26 pm |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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Lady Glock wrote: Blaine PD are not some that I would trust my livelyhood on!
I was watching a friends house while he was out of town. I went out to take the trash to the curb for pick-up the next day and his dog knocked me down allowing the door to slam shut behind me...locking me and the dog out of the house. I had my cell phone and called the police to come to my assistance. (this was wintertime, last January).
A Blaine PD came to the house (nearly half an hour after my call). I had told the operator that I was outside without a coat and no way to protect against the elements.
I had asked for him to take me to another house where another man had a spare key and he said it wasn't his duty to do so. He finally did, after putting me in the back of the car and telling me what a screw-up I was and how I was in a very bad situation. (he made me feel very uncomfortable/vulnerable)!
The friend wasn't home so he took me back to the house. I asked him to help me get a number for a locksmith to come let me in. He told me that wasn't his job. Finally I convinced him to get a number for me and he left me standing out in the cold waiting for the locksmith, who finally came after about another 35 to 45 minutes. I was very cold, very tired and feel that I was probably close to hypothermia.
So much for serving and protecting!
My response: "Ohhhh...Blaine..."
That doesn't surprise me one bit. Blaine P.D. "To assault and self-serve"
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
Last edited by JD Christian on Wed Oct 15, 2008 12:27 pm, edited 1 time in total.
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Andrew Rothman
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Post subject: Posted: Wed Oct 15, 2008 12:27 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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chunkstyle wrote: Lawyer, lawyer, lawyer. It's likely too late now.
Yeah. Did your lawyer recommend that you plead this out?
Also, don't resist, even when the police are wrong. They have the badges and guns, and they essentially have the permission of the law to beat the crap out of you when you resist.
An illegal breathalizer result would be thrown out in court anyway. Why fight? Even if they put it in your mouth, how are they going to make you blow?
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
Last edited by Andrew Rothman on Wed Oct 15, 2008 1:12 pm, edited 1 time in total.
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JD Christian
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Post subject: Posted: Wed Oct 15, 2008 12:32 pm |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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Andrew Rothman wrote: chunkstyle wrote: Lawyer, lawyer, lawyer. It's likely too late now. Yeah. Did your lawyer recommend that you pleas this out? Also, don't resist, even when the police are wrong. They have the badges and guns, and they essentially have the permission of the law to beat the crap out of you when you resist. An illegal breathalizer result would be thrown out in court anyway. Why fight? Even if they put it in your mouth, how are they going to make you blow?
I tried going for an "Alford's Plea" on the disorderly conduct charge while dropping the obstruction charge. This was agreed on by the prosecution as well. However, the judge would not accept that plea. I had to plead guilty to the DOC charge, still dropped the OLP charge. No jail, no probation, no classes. Fine only.
As far as resisting, I wasn't physically resisting and I didn't blow.
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
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1911fan
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Post subject: Posted: Wed Oct 15, 2008 12:42 pm |
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On time out |
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Joined: Mon Aug 22, 2005 10:18 pm Posts: 1689 Location: 35 W and Hiway 10
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actually the judge does not have the right to refuse a plea entered into by the two parties. he is only there to make sure that the law is upheld, I just went thru this with my daughter.
_________________ molan labe
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JD Christian
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Post subject: Posted: Wed Oct 15, 2008 1:18 pm |
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Joined: Sun Oct 05, 2008 9:29 am Posts: 90 Location: Mound, MN
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1911fan wrote: actually the judge does not have the right to refuse a plea entered into by the two parties. he is only there to make sure that the law is upheld, I just went thru this with my daughter.
Apparently when it comes to an "Alford's Plea" the judge has to accept that plea. *shrug* It had been a year and a half, I didn't want to take it to trial, it was getting old.
_________________ --JD Christian (Mr. 609.72)
<b>"If there must be trouble, let it be in my day, that my child may have peace."</b> -Thomas Paine
Proud to be one of the 499 permit holders added in October
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jaysong
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Post subject: Posted: Wed Oct 15, 2008 1:46 pm |
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Joined: Mon Dec 11, 2006 12:09 am Posts: 983 Location: Brewster
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I do not excuse poor behavior by police.
Quote: Don't go stupid places. Don't hang out with stupid people. Don't do stupid things. -- John Farnam
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