Re: [EVDL] Acquitted: Charging-EVr PD-assaulted pushed, handcuffed, punched, pepper-sprayed +

2015-05-06 Thread Jorg Brown via EV
This is not justice, not yet.  The officers claimed this happened after 11
but the bystanders say it happened before 11.  At that point, it throws
into question every other claim that these officers made.

On facebook it's more clear that racism may have been a factor.

On Tue, May 5, 2015 at 12:29 PM, Peri Hartman via EV ev@lists.evdl.org
wrote:

 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
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[EVDL] Acquitted: Charging-EVr PD-assaulted pushed, handcuffed, punched, pepper-sprayed +

2015-05-05 Thread brucedp5 via EV

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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http://evdl.org/evln/


{brucedp.150m.com}



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Re: [EVDL] Acquitted: Charging-EVr PD-assaulted pushed, handcuffed, punched, pepper-sprayed +

2015-05-05 Thread Peri Hartman via EV
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 ev@lists.evdl.org
To: ev@lists.evdl.org
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]




For EVLN posts use:
http://evdl.org/evln/


{brucedp.150m.com}



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Sent from the Electric Vehicle Discussion List mailing list archive at 
Nabble.com.

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