DUI checkpoint refusal, arrest of sober driver
2.3 میلیون بار بازدید -
12 سال پیش
-
Police demand to search vehicle
Police demand to search vehicle at illegal roadblock, lie about smelling alcohol, and attack driver.
Police reports: http://lolinter.net/livefree/badcops.pdf
Raw dash cam video from Nevada Highway Patrol trooper Chava Rothschild's vehicle at the December 18, 2010 roadblock in Sparks, Nevada. The trooper is called over to a block a seized driver who declined consent to a warrantless search of his vehicle. The driver was previously threatened, falsely imprisoned, and maliciously prosecuted for DUI at the most recent Sparks police roadblock.
Sparks police officer Eric Atkins is at the driver's side window. Carson City sheriff deputy Brett Bindley is next to him, with his hand on his Glock pistol. After officers repeatedly threatened to break the vehicle's window, the driver unlocked the doors and the officers opened the doors. Atkins noticed the spare magazine on the driver's hip and attacked the driver and other officers joined the assault. The driver's pistol was snatched from his holster while he was being assaulted.
The driver was bound and taken to another location, where he declined to participate in the officers' malicious prosecution for DUI. Sparks PD officer Rich Gamwell told him, "You are under arrest for DUI and for possession of a firearm while intoxicated." Officers wrote reports stating the driver reached for his holstered pistol. Little did they know the driver had video cameras inside his vehicle. Gamwell, the arresting officer who collected the officers' narrative reports, searched the vehicle twice and discovered the most obvious camera. Officers later stole that camera, but not the one that recorded the driver calmly keeping his hands on the steering wheel, nor another camera.
Two breath tests at jail and a blood test all showed the complete absence of alcohol or drugs. So the driver was prosecuted for lacking proof of insurance (which was in the vehicle and was handled by officers) and for obstructing an officer (for declining consent to search, which can never be a crime).
The City of Sparks did not provide this NHP video to the defendant's counsel before trial, in violation of constitutional protections. Nor did the City provide the exculpatory stolen video. Nor did they provide the exculpatory color mugshot that shows the cops lied about the driver having bloodshot eyes. Officers perjured themselves about the operation of the roadblock and the incident. Bindley said he removed the driver's seat belt and the driver reached for his gun. The defendant was convicted in a non-jury trial and the case was remanded for a new trial on appeal.
Before the new trial, small portions of one of the driver's video recordings were made public on YouTube. Hilarity ensued at the new trial as young deputy Bindley gave a new version of events and the city attorney objected to impeaching Karl Nieberlien's testimony with his prior perjured testimony.
Sparks PD grant coordinator and roadblock bigwig Karl Nieberlien testified that the flashing red lights and stop signs (required by NRS 484B.570) were present and that both northbound lanes were in operation. Atkins testified that the stop sign was 30-40 yards ahead of the truck.
No officer was ever prosecuted or disciplined. Illegally conducted roadblocks continued for a few years with some of the same perjuring officers at the roadblocks. However, after these videos and documents publicly shamed them and invited further scrutiny and accountability, Sparks PD stopped hosting roadblocks in Sparks and ultimately police stopped conducting roadblocks in northern Nevada entirely.
The second conviction was affirmed.
The trial court won't allow copying or inspection of the court recordings, which are public records. See NRS 239. Some recordings were obtained from the district court.
Both trials are available here on this YouTube channel in different playlists.
Read the lying police reports: http://lolinter.net/livefree/badcops.pdf
Read the results of the forced blood test: http://lolinter.net/livefree/toxicolo...
Police reports: http://lolinter.net/livefree/badcops.pdf
Raw dash cam video from Nevada Highway Patrol trooper Chava Rothschild's vehicle at the December 18, 2010 roadblock in Sparks, Nevada. The trooper is called over to a block a seized driver who declined consent to a warrantless search of his vehicle. The driver was previously threatened, falsely imprisoned, and maliciously prosecuted for DUI at the most recent Sparks police roadblock.
Sparks police officer Eric Atkins is at the driver's side window. Carson City sheriff deputy Brett Bindley is next to him, with his hand on his Glock pistol. After officers repeatedly threatened to break the vehicle's window, the driver unlocked the doors and the officers opened the doors. Atkins noticed the spare magazine on the driver's hip and attacked the driver and other officers joined the assault. The driver's pistol was snatched from his holster while he was being assaulted.
The driver was bound and taken to another location, where he declined to participate in the officers' malicious prosecution for DUI. Sparks PD officer Rich Gamwell told him, "You are under arrest for DUI and for possession of a firearm while intoxicated." Officers wrote reports stating the driver reached for his holstered pistol. Little did they know the driver had video cameras inside his vehicle. Gamwell, the arresting officer who collected the officers' narrative reports, searched the vehicle twice and discovered the most obvious camera. Officers later stole that camera, but not the one that recorded the driver calmly keeping his hands on the steering wheel, nor another camera.
Two breath tests at jail and a blood test all showed the complete absence of alcohol or drugs. So the driver was prosecuted for lacking proof of insurance (which was in the vehicle and was handled by officers) and for obstructing an officer (for declining consent to search, which can never be a crime).
The City of Sparks did not provide this NHP video to the defendant's counsel before trial, in violation of constitutional protections. Nor did the City provide the exculpatory stolen video. Nor did they provide the exculpatory color mugshot that shows the cops lied about the driver having bloodshot eyes. Officers perjured themselves about the operation of the roadblock and the incident. Bindley said he removed the driver's seat belt and the driver reached for his gun. The defendant was convicted in a non-jury trial and the case was remanded for a new trial on appeal.
Before the new trial, small portions of one of the driver's video recordings were made public on YouTube. Hilarity ensued at the new trial as young deputy Bindley gave a new version of events and the city attorney objected to impeaching Karl Nieberlien's testimony with his prior perjured testimony.
Sparks PD grant coordinator and roadblock bigwig Karl Nieberlien testified that the flashing red lights and stop signs (required by NRS 484B.570) were present and that both northbound lanes were in operation. Atkins testified that the stop sign was 30-40 yards ahead of the truck.
No officer was ever prosecuted or disciplined. Illegally conducted roadblocks continued for a few years with some of the same perjuring officers at the roadblocks. However, after these videos and documents publicly shamed them and invited further scrutiny and accountability, Sparks PD stopped hosting roadblocks in Sparks and ultimately police stopped conducting roadblocks in northern Nevada entirely.
The second conviction was affirmed.
The trial court won't allow copying or inspection of the court recordings, which are public records. See NRS 239. Some recordings were obtained from the district court.
Both trials are available here on this YouTube channel in different playlists.
Read the lying police reports: http://lolinter.net/livefree/badcops.pdf
Read the results of the forced blood test: http://lolinter.net/livefree/toxicolo...
12 سال پیش
در تاریخ 1391/10/16 منتشر شده
است.
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