Police wake up & beat mentally disabled man in Austin Texas

Friday, December 07, 2007

An officer who was fired last year after investigators said he used excessive force on a man with mental retardation has won his job back.

An arbitrator overturned the firing, saying officer Gary Griffi More..n "did momentarily cross the line into the use of excessive force" in the July 1, 2006, incident at a bus stop on East Seventh Street, where he tried to wake Joseph Cruz, 24.

"However, these few blows, although patently unnecessary, were never proven to be anything more sinister than gross negligence," Don Hays said in a ruling released Thursday. "There is absolutely no evidence in our record that officer Griffin's reactions were ever motivated by any malice or bias."

Hays, who heard the case as part of Griffin's appeal, said in the ruling that the officer's punishment should be reduced to "a very lengthy disciplinary suspension without pay or benefits." He said the force did appear to be improper.

City officials said Thursday that they might appeal the decision in District Court. Spokesman Gene Acu?a said officials question whether Hays exceeded his authority in the ruling, but he would not be specific.

Griffin's attorney, Tom Stribling, said, "We are extremely pleased. Gary Griffin is ready to go back to work."

Wayne Krause, legal director of the Texas Civil Rights Project, which represents Cruz in a federal suit against the department, said, "It's frightening that an officer like that is going to be back on the streets."

According to court documents, Griffin responded about 10:50 p.m. to a "person down" call. Cruz, who suffered a broken nose during the incident, was arrested and indicted on charges of assault on a peace officer and resisting arrest. Prosecutors dismissed them after reviewing the evidence and opened an investigation into Griffin's actions.

A Travis County grand jury declined to indict Griffin, but an internal police inquiry led to his dismissal last December.

Cathy Ellison, former acting chief, said in a disciplinary memo that Griffin failed to identify himself as an officer, and Cruz told police he didn't know who was waking him.

She also said Griffin's report did not accurately reflect what was on his patrol car video.

"Mr. Cruz was not the imminent threat to his safety that officer Griffin makes him out to be, and the amount of force was unreasonable," Ellison said in the memo.

Austin police Cmdr. Michael Nyert and Lt. Deborah Sawyer were suspended for one day, and Cpl. Andy Haynes was suspended for three days after officials said they failed to properly review the incident.Each appealed, but the punishments were upheld.

Hays said he did not think Griffin had behaved dishonestly in writing his report.

"We are convinced that with some remedial/professional counseling and training, Griffin can return to being an exemplary APD officer," he wrote.

http://www.liveleak.com/view?i=b06_1197163849

PLEASE NOTE: ALL NEGATIVE COMMENTS ABOUT A MENTALLY DISABLED PERSON GETTING BEAT UP IN A VIDEO WILL NOT BE ACCEPTED.

Category:

People & Blogs

Tags:

• Police
• brutality
• mentally
• disabled
• man
• Joseph
• Cruz
• austin
• texas
• beat
• up

[TheArmyWest]

Not to sound like a shit head, but I would have thought the guy was a drunk piece of shit. Unless it was very obvious the guy had a mental disability. If it seems he was drunk to the cop then most of the actions the cop took were ok, except for the night stick part, wasn't really sure why he was using that, that was a shit head move.

[kissmyhho]

Every cop that was there witnessing what was happening should be beaten with a cane until they understand what serve and protect actually means. This way they will stop other officers from criminal behavior.it is a self regulation tool. Those that dod in a cop get a promotion.

[surenojarhead]

@buzzsawbob didnt you read the title? he is "MENTALLY" disabled.....both people and cops should have a little more patience with a mentally retarded person...they dont think, comprehend, asses, judge, talk, or are as fast as you and I are......

[SuperAcab666]

A.C.A.B

[SuperAcab666]

A.C.A.B

NO JUSTICE NO PEACE

(A)

[1krayon]

Seriously if i wasnt a christian i wouldve ben made a gang wit my blak ppl and erbody else to beat an shoot cops to deth alredy

[buzzsawbob]

Whatever,he didn't do as instructed,attacked the cop first then kept fighting everyone.

[tallulahlvr13]

That's just ridiculous. Those cops should have rockets shoved up their asses

[conic3330]

fucking pussy ass cops hiding behind their badges.