Dad who was killed during arrest 'begged for his life'; police seize cellphones of witnesses who wer
127 replies, posted
[IMG]http://media.bakersfieldnow.com/images/130509-david-silva-2.jpg[/IMG]
[QUOTE]Blood stains are still visible on the sidewalk at the corner of Flower Street and Palm Drive, where a Bakersfield man struggled with as many as nine officers and later died this week.
David Sal Silva, 33 and the father of four young children, died early Wednesday morning after deputies say he fought with them and CHP officers who'd responded to a report of a possibly intoxicated man outside Kern Medical Center.
The Kern County Sheriff's Office says Silva resisted, a canine was deployed, more law enforcement arrived, batons were used and the man later had trouble breathing. He was taken to KMC, where he died. An autopsy was slated for Thursday, but no results have been released.
Some witnesses apparently took cellphone video of the incident but deputies moved quickly to seize the phones. The Sheriff's Office, after releasing a statement Wednesday and naming its officers Thursday, declined all further comment.
People who say they witnessed the incident as well as Silva's family members described a scene in which deputies essentially were beating a helpless man to death. They were indignant that cellphone video had been taken away by deputies.
"My brother spent the last eight minutes of his life pleading, begging for his life," said Christopher Silva, 31, brother of the dead man. He said he's talked to witnesses but did not see the incident himself.
At about midnight, Ruben Ceballos, 19,was awakened by screams and loud banging noises outside his home. He said he ran to the left side of his house to find out who was causing the ruckus.
"When I got outside I saw two officers beating a man with batons and they were hitting his head so every time they would swing, I could hear the blows to his head," Ceballos said.
Silva was on the ground screaming for help, but officers continued to beat him, Ceballos said.
After several minutes, Ceballos said, Silva stopped screaming and was no longer responsive.
"His body was just lying on the street and before the ambulance arrived one of the officers performed CPR on him and another one used a flashlight on his eyes but I'm sure he was already dead," Ceballos said.
Other relatives demanded to know more.
David Silva's mother, Merri Silva, 54, said, "If I don't do anything about my son's death then it will just be pushed to the side and I don't want this to happen to another person."
Sheriff's spokesman Ray Pruitt said a KMC security officer called deputies at about 11:55 p.m. Tuesday to report that there was a man in the area who was possibly intoxicated. A deputy with a canine found Silva at the southeast corner of the intersection and contacted him. It was then that Silva resisted and fought the deputy while the deputy tried to take him into custody, Pruitt said. More deputies and two California High Patrol officers arrived to help, Pruitt said.[/QUOTE]
[QUOTE]Tello said the phone of the first witness was taken after the deputies told him he was either going to give up the phone the easy way or the hard way.
"They basically told him they were either going to keep him at this house all night until they could find a judge to sign a search warrant or he could just turn over his phone," he said.
The witness gave up his phone two hours before he had to get to work and was told by deputies that he could collect his phone the next day after they had extracted the evidence they needed, Tello said.
However, the witness never got his phone back, Tello said, and was told it could take years before he does because the investigation could take a long time.
"My main concern is that these witnesses are not harassed by deputies because this case can make others who see crimes happening not want to speak up because of the way law enforcement handles situations," Tello said.
[B]Local defense attorney Kyle J. Humphrey said, generally speaking, he believes law enforcement can seize cellphones or cameras at the scene under the theory that they've captured evidence of a crime.[/B] Because of the digital nature of the evidence, they could argue that it's urgent they immediately take the cameras.[/QUOTE]
[url]http://www.bakersfieldcalifornian.com/local/x568091070/Dad-who-died-during-arrest-begged-for-his-life-cops-take-witness-video[/url]
[url]http://www.bakersfieldnow.com/news/local/Father-questions-why-son-had-to-die-while-in-police-custody-206717031.html[/url]
What the fuck?
thats horrible
Your tax dollars at work!
That's brutality.
[QUOTE=Panda X;40600208]What the fuck?[/QUOTE]
It's generally protocol to seize evidence from the scene.
American police sound great
[QUOTE=Cats meow;40600221]American police sound great[/QUOTE]
Yeah, because you never hear about the 5,000,000 of them who'd never do anything like this for every 3 who would. "Police Department does its job" does not make for interesting headlines so you only hear about isolated incidents like this because they get more attention.
Could they stop you from sending the video to your computer before they confiscated it?
Common video surfacing and them being murdered in return!
[QUOTE=yerer;40600239]Could they stop you from sending the video to your computer before they confiscated it?[/QUOTE]
It'd be mighty suspicious if you were tapping buttons to upload during the event... But...
IIRC however, Dropbox on some Android phones would automatically upload it for you the moment you stop recording.
[QUOTE=yerer;40600239]Could they stop you from sending the video to your computer before they confiscated it?[/QUOTE]
Police regularly confiscate cameras and phones to cover up shit like this.
[QUOTE=asteroidrules;40600233]Yeah, because you never hear about the 5,000,000 of them who'd never do anything like this for every 3 who would. "Police Department does its job" does not make for interesting headlines so you only hear about isolated incidents like this because they get more attention.[/QUOTE]
If every success story about the North American police was on the news, it would undermine stories like this one and they would never see the light of day. I can guarantee you that you would not have made that statement if this was your brother who died.
I don't think people have a strong concept or grasp on how completely obscene and disgusting an act of power like this is. It's always "they're not all bad", there is NO room for error here. They are NEVER supposed to be bad. It is literally black and white.
Edit: Dumb ratings?
Congratulations on further proving my point that people are okay with a flawed police system. If police brutality is ever mixed with your day to day life, you'll find yourself giving a shit about the "it's black and white" statement I made.
[QUOTE=asteroidrules;40600219]It's generally protocol to seize evidence from the scene.[/QUOTE]
Evidence that only serves to incriminate them? I see them do this kind of stuff all of the time and see no reason as to why that's legal for them to do under these circumstances.
[QUOTE=certified;40600253]It'd be mighty suspicious if you were tapping buttons to upload during the event... But...
IIRC however, Dropbox on some Android phones would automatically upload it for you the moment you stop recording.[/QUOTE]
Use the Justin.tv or Ustream app and send the video out live. Their servers will archive it.
[QUOTE=yerer;40600239]Could they stop you from sending the video to your computer before they confiscated it?[/QUOTE]
I have my photos and videos set to upload to the cloud as soon as I take them. With videos it's best to start and stop recording in short bursts. This results in smaller files that upload quickly.
The article makes it sound like at least one guy held his phone long enough to copy everything off it before he gave it to the cops. So he should have a complete backup of his data AND the video.
Whenever I read shit like this I just imagine going after each of the officers and systematically offing them one by one for abusing their authority like that, killing a man, and then getting off scot-free with just a slap on the wrist.
But that I remember than I'm just a skinny white nerd with no experience in something like that and the idea leaves my head.
Am I a bad person? Is there something wrong with me for thinking about something like that?
[QUOTE=Captain James;40600273]It's always "they're not all bad", there is NO room for error here. They are NEVER supposed to be bad. It is literally black and white.
.[/QUOTE]
The point here is that just because there is "no room for error" on a case-to-case basis it doesn't mean that the entire system is rotten when any error do occur. The police force isn't a single-entity hive mind, it contains both good individuals and absolute shitheads.
[quote=the article]Some witnesses apparently took cellphone video of the incident but deputies moved quickly to seize the phones[/quote]
[B]PHOTOGRAPHY IS NOT A CRIME[/B]. Something's fishy here.
[QUOTE=Captain James;40600273]If every success story about the North American police was on the news, it would undermine stories like this one and they would never see the light of day. I can guarantee you that you would not have made that statement if this was your brother who died.
I don't think people have a strong concept or grasp on how completely obscene and disgusting an act of power like this is. It's always "they're not all bad", there is NO room for error here. They are NEVER supposed to be bad. It is literally black and white.
Edit: Dumb ratings?
Congratulations on further proving my point that people are okay with a flawed police system. If police brutality is ever mixed with your day to day life, you'll find yourself giving a shit about the "it's black and white" statement I made.[/QUOTE]
It ain't black and white, and there is no such thing as perfect. And yeah, it would undermine the impact of stories like this because it would give people an accurate view of things, don't get me wrong, this probably needs investigating, but one squad making one bad decision doesn't mean we should abolish police nationwide or make sweeping generalizations about what's generally a functional establishment.
[QUOTE=Captain James;40600273]
Congratulations on further proving my point that people are okay with a flawed police system. If police brutality is ever mixed with your day to day life, you'll find yourself giving a shit about the "it's black and white" statement I made.[/QUOTE]
Yeah it's a problem that should be fixed. But going with blanket statements of AMERICAN POLICE SUCK because the bad stories of cops always rise up is bullshit and will be called out on.
can't wait till those pigs burn in hell.
smell like bacon
[QUOTE=Im Crimson;40600343]The point here is that just because there is "no room for error" on a case-to-case basis it doesn't mean that the entire system is rotten when any error do occur.[/QUOTE]
That was not my point, I am fully aware that there are good police, so what, they have to be rewarded for doing their job correctly or something?
I personally know police officers, some of them train with me at my kick boxing gym, I don't need to be told the entire system isn't rotten because I am not an ignorant dickhead who spouts "fuck da police". This is peoples lives we're talking. I feel like people don't really understand that there is no going back, once someone is dead they cease to exist. 4 kids will now grow up fatherless, it needs to be spearheaded and put in the spotlight how ugly the face of corruption or brutality is.
[QUOTE=Im Crimson;40600343]The point here is that just because there is "no room for error" on a case-to-case basis it doesn't mean that the entire system is rotten when any error do occur. The police force isn't a single-entity hive mind, it contains both good individuals and absolute shitheads.[/QUOTE]
There's 'error', and there's beating and KILLING a man and confiscating all evidence that would incriminate the officers.
[QUOTE=Captain James;40600273]If every success story about the North American police was on the news, it would undermine stories like this one and they would never see the light of day. I can guarantee you that you would not have made that statement if this was your brother who died.
I don't think people have a strong concept or grasp on how completely obscene and disgusting an act of power like this is. It's always "they're not all bad", there is NO room for error here. They are NEVER supposed to be bad. It is literally black and white.
Edit: Dumb ratings?
Congratulations on further proving my point that people are okay with a flawed police system. If police brutality is ever mixed with your day to day life, you'll find yourself giving a shit about the "it's black and white" statement I made.[/QUOTE]
Yeah, you're right. Let's just get rid of police altogether. No more law enforcement, just pure anarchy and vigilantism. It would obviously work better, no more crime ever, right?
[QUOTE]he believes law enforcement can seize cellphones or cameras at the scene under the theory that they've captured evidence of a crime. [/QUOTE]
Let the Cops have no accountability... yeah.. lets make the real world DarkRP.
pigs being pigs
[QUOTE=Captain James;40600273]If every success story about the North American police was on the news, it would undermine stories like this one and they would never see the light of day. I can guarantee you that you would not have made that statement if this was your brother who died.
I don't think people have a strong concept or grasp on how completely obscene and disgusting an act of power like this is. It's always "they're not all bad", there is NO room for error here. They are NEVER supposed to be bad. It is literally black and white.
Edit: Dumb ratings?
Congratulations on further proving my point that people are okay with a flawed police system. If police brutality is ever mixed with your day to day life, you'll find yourself giving a shit about the "it's black and white" statement I made.[/QUOTE]
But it is relevant. The police cannot stop these things from happening all the time, but they can (and will) investigate. If they were covering this up they would've destroyed the phones not locked them up into evidence where it will remain untouchable for a later court case.
EDIT: If they do destroy the phones it'll be damning evidence in itself and a breach of protocol, which will (if it hadn't already) incite a look into the event. Regardless, there are eye witnesses. If anything the enemy here is the bureaucracy that slows the investigation.
[QUOTE=Moustacheman;40600384]Yeah, you're right. Let's just get rid of police altogether. No more law enforcement, just pure anarchy and vigilantism. It would obviously work better, no more crime ever, right?[/QUOTE]
You must have a real vendetta towards something, I can write in Greek or Gaelic if it will help get it through to you that I am not trying to vilify police, there isn't supposed to be room for error to begin with. The fact that this is possible and happens as much as it does is empirical evidence that something seriously needs to change, and the department of internal affairs has to step it up. Stop acting so damn complacent with a "it's not perfect but it's good enough" mentality.
It's literally like going to a doctor for surgery who watched an episode of The Dr's on TV and considers himself qualified, a gross/extreme example but you would not in your sane state of mind trust that doctor with no actual experience or concept of "no room for failure" to actually perform surgery on you would you?
It IS black and white when your job is to enforce the law and protect and serve human life. My God what don't people get about this.
[QUOTE=asteroidrules;40600233]Yeah, because you never hear about the 5,000,000 of them who'd never do anything like this for every 3 who would. "Police Department does its job" does not make for interesting headlines so you only hear about isolated incidents like this because they get more attention.[/QUOTE]
Yeah I know just like I don't hear about the hundreds of oil tankers that don't have a massive spill but I still care when it does happen.
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