Hurray for justice! But what a load to go through for Palmer. Can't
the police learn how to deal with situations like this in a more
tolerable way - like watching for menacing indications before taking
action?
Peri
------ Original Message ------
From: "brucedp5 via EV" <[email protected]>
To: [email protected]
Sent: 05-May-15 12:06:05 PM
Subject: [EVDL] Acquitted: Charging-EVr PD-assaulted> pushed,
handcuffed, punched, pepper-sprayed +
http://www.smmirror.com/articles/News/Pico-Neighborhood-Man-Will-Not-Be-Charged-After-Arrest-In-Virginia-Avenue-Park/43242
Pico Neighborhood Man Will Not Be Charged After Arrest In Virginia
Avenue
Park
May. 5, 2015 Brenton Garen / Editor-in-Chief
[image
http://smmirrorstatic.s3.amazonaws.com/media/220/143084520347853.jpg
Courtesy of SMPD
Justin Palmer will not be charged after he was arrested for allegedly
violating the City’s park closure ordinance at Virginia Avenue Park on
the
night of April 21.
]
A Pico neighborhood man who was arrested at Virginia Avenue Park during
the
late evening of April 21, for allegedly violating the City’s park
closure
ordinance and delaying and obstructing officers in the performance of
their
duties, will not be charged.
According to the Santa Monica Police Department, officers were
conducting a
check at Virginia Avenue Park at the corner of Pico and Cloverfield on
that
night when they came across a man later identified as Justin Palmer,
whose
vehicle was parked at the charging station.
The SMPD said officers told Palmer that the park closed at 11 pm and
that
the electric vehicle charging station was closed as clearly posted.
“The subject repeatedly refused to leave the park and after numerous
requests, officers made the decision to issue him a citation for
violating
the city’s park closure law,” according to the SMPD. “When officers
requested to see his identification, he repeatedly refused to provide
it.
The subject was placed under arrest for violation of the municipal park
closure ordinance and delaying and obstructing an officer in the course
of
his duties. During the arrest, the subject actively resisted. Officers
deployed pepper spray and physically restrained him.”
Palmer, 36, was taken to Santa Monica Public Safety Facility where he
was
fingerprinted and booked.
“At the Santa Monica Jail the subject complained of pain,” the SMPD
said.
“He was transported to the Santa Monica Hospital for treatment and was
medically cleared. The subject was subsequently issued a citation and
released.”
Palmer and passersby disputed the time of the incident, saying it
happened
just before 11 pm while the SMPD stands by its records that the
incident
happened just after 11 pm.
After footage appeared on social media [
http://www.fac ebook.com/christinegp/videos/10153243630119486/
], the matter was submitted to the Criminal Division of the Santa
Monica
City Attorney’s Office for review and possible filing of criminal
charges.
After careful examination of the circumstances, a decision was made not
to
file charges against Palmer, according to a statement issued at 9:26 pm
Monday from the City of Santa Monica.
“Factors which precluded the filing of criminal charges were Mr.
Palmer’s
belief that being present in the parking lot did not constitute a park
closure violation, signage at the entrance to the parking lot of
Virginia
Avenue Park did not clearly indicate that the parking lot is included
in the
park closure ordinance, and a question concerning when Mr. Palmer
arrived in
the parking lot and when officers made their initial contact with him,”
the
statement read. “The prosecution bears the heavy burden of proving a
criminal case beyond a reasonable doubt. The heightened standard of
proof
required to sustain a criminal filing when coupled with the totality of
factors associated with this incident, precluded the filing of criminal
charges.”
[© smmirror.com]
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