Original Post describing the arrest can be found HERE
Official Ptl Ogradys account of my case:
On 20sept2012 at approximately 2059 hrs. I, Ptl. OGrady was responding S/B on Ridge rd.,conducting follow up regarding an unrelated B&E/ Theft, when I had occasion to interact with the DEF. While operating S/B on Ridge rd., I attempted a right, southbound turn onto Pearl from Ridge.
As I did so, I noted an individual attempting to “balance” on the curb, in a clear attempt to reach out in to the roadway as far as possible, holding a sign in the lane I was traveling in. This necessitated that I make a blind lane change, thus operating around the individual, in order to prevent a collision. I immediately did so and advised Ptl. Stavetski, who was following behind to be cautious of the turn as a male was holding a sign regarding the checkpoint in the lane of travel. I had actually gotten close enough to the individual that despite the low light conditions and the lack of a large sign was able to read what it said. I further advised radio that I would return to check on the male/advise him upon completion of what was expected to be a short follow up.
Upon checking the area just south of the incident for a possible suspect yielded negative results, I responded back to the intersection along with Ptl. Stavetski. As I was pulling up I noted a cruiser(later noted to be an auxiliary) complete a U-turn in an adjacent lot: clearly attempting to locate the male, but had not. As the Auxillary unit completed his u-turn, I noted the male “poke” his head out from behind a pole in what appeared to be a clear attempt, to ascertain the location of the police unit.
Upon apparently noticing the police cruiser heading back south, the male again stepped out and began displaying his sign in the traffic way: clearly unaware of other police units being within 20 or so feet of him and in clear visual sight.
Upon pulling up with ptls. Manzo and Stavetski, I made verbal contact with the male, and he immediately began to fold up his sign. I advised him that he did not need to fold up his sign. as I already read it and was not concerned of it’s contents but, was however concerned with his and the motoring public’s safety, regarding the manner in which he had chosen to display it. The male immediately took up a defensive posture and began stating that he did not recognize the “authority” of Police Officers nor, recognize the Constitution of the United States. I advised the male that those were non of my business and that while he was free to exercise any God or Constitutionally guaranteed rights, he would need to do it in such a manner as to not create a condition which presents a risk of harm to himself or others.
We further attempted to explain that all checkpoints have to be advertised and that, their purpose was in deterring not detecting intoxicated drivers so therefore we were really uninterested in his sign.
We were clearly not believed in our attempt to explain the issue to the male. At one point we even offered to get him a chair to sit in,away from the roadway, with a larger sign, and some water if he wished as long as he stay out of the road. While trying to explain this the male continued stating that his rights were being violated, that he did not recognize the laws of the U.S., nor officers ability to stop, id, nor detain any individual for any reason, as well as would continue displaying his sign in any manner he wished.
This was all stated in a highly agitated, angry manner while the male rotated between defensive and “fight” Posturing. As the male continued yelling, he was also advised numerous times to keep his hands away from his pockets and was requested to furnish his name/birthdate or social security number. The male continued ranting stating that he was being kidnapped along with making statements that the world should rid themselves of cops due to their enforcement of President Obamas “Nazi like plans”
Also noted during this time was that the male had difficulty with short term memory, had impaired motor functioning skills, was having difficulty with balancing and or standing still, had slurred speech patterns, an apparent excessively dry mouth, and an odor of an alcoholic beverage emanating from upon his breath.
Despite all of this, I continued to try to advise the male to calm down and even offered to get him a safe ride home as we noted him to be under the influence of alcoholic beverages as well.
The male refused all co operation, stated that he had been drinking, but was not intoxicated, repeated he would not be advising officers of his name nor furnishing ID, and refused to keep his hands away from his pockets as he stated he had no weapons on him was able to do as he wished being that he recognizes nothing which authorizes police officers ability to order anyone to do anything. I again attempted to reason with him, resulting in further utterances about being kidnapped and he had now placed his hands in his pockets. I subsequently advised the male to place his hands on the police cruiser for a pat down as his aggressive mannerisms, statements that officers should be gotten rid of, inability to comply with requests to keep his hands away from his pockets, all coupled with his posturing were clearly presenting and suggesting a threat to officers safety.
While completing the pat down, a lock blade knife was recovered from his right front pocket. Upon mentioning the knife, the male immediately stated “That’s the only law I broke tonight. That’s the only place where I screwed up.”
The male was advised that he would be receiving some citations from the incident however; officers would still be willing to give him a ride somewhere as long as a sober adult would be present and willing to provide for his welfare. The male stated he was neither calling anyone , nor going anywhere while still refusing to identify himself to officers for citation issuance.
He was informed he was leaving officers no choice but, to take him into custody and transported to the PPD Jail Facility. Upon arrival at the jail, the males identity was learned and he was subsequently cited.
While at the jail facility, attempts were again made to advise the male now identified as the DEF, as to the reason behind what occurred and how it could have been easily avoided but, were to no avail. These attempts were met by further anger and DEF stating President Obama and all cops should die because we are all nazis.
The knife was entered into evidence
Well Do I have questions!!!! Questions like:
1.How does man put both hands in his pockets if he is holding a sign?
2. How does a man, you obviously dismiss as intoxicated, able to take a defensive and then switch to a “fight” posture?
3. How do you let a man you believe to be a threat to officers safety, continue putting his hand in his pocket, continue through all the shit you said I did, and still be offered a ride home?????
4. If I’m on the curb how could I be in the roadway to necessitate a lane change when the speed limit is only 25?
5. What low light conditions? I was standing on the curb under a street light a stop light. Lights from the we buy gold place. It was so light out that when you pulled up, you never needed a flashlight to illegally search me!!!!!!!!!!!!!!
6. How long after you pulled up did your partners pull up, cause you all werent there at the same time. You showed up first and a few minutes later your buddies. How much of this supposed conversation of ours last before the other officers arrived?
7. How much of your account of what was said can actually be corroborated by the other officers there?
8. Why would an activist like me, who relies on the constitution to protect me from thugs like you, say that I didn’t recognize the authority of the Constitution?
9. So by the time you tryed explaining the purpose of checkpoints, how many officers were present? ( I contend that didn’t happen till I was in the cell when the officer later claims to try to explain himself to me and why this happened!)
10. You offered a chair? where were you goning to get it from?
11. How many times to you run into a hostile, what you percieve to be agressive male, that you feel officer safety is threatened by, that you then take exrtensive amounts of time to explain all this shit to?? Usually if officers safety is threatened don’t you pounce on the suspect? Or “Perp” as you like to refer to people as?
12. Not a question, but I was never offered any water, chair or any other comfort. There was a 1 minute conversation, between me and Ogrady, before he started asking for ID and patting me down when I said I wasn’t givin my ID!!
13. How many videos have we seen? How many times have you heard an officer ask for someones name/birthdate or SS#? NO! They imidiately ask for ID! And you expect us to believe that you asked for my name and not my ID?
14. Was it before or after I was in cuffs that I admitted to drinking and what did I admit to?? 1 beer!
15. How does one beer equal the state of total state of ineptitude and intoxication, you’d have us believe officer???
16. How does a person get away with saying to get rid of cops in front of cops who testify they fear for their safety, and not be takien down forcibly?? (Its because i never resisted! I gave in to a pat down willingly! I let you put handcuffs on me willingly!!!!!!)
17 How does someone that willingly, peacefully, surrenders to police that are violating his civil rights, be percieved as a threat? Wouldn’t someone who was ranting and raving all that shit WANT to fight with police? Or was the threat exagerated for the police report??? And to justify the need to ID the person?
18. “Also noted during this time was that the male had difficulty with short term memory, had impaired motor functioning skills, was having difficulty with balancing and or standing still, had slurred speech paterns, an apparent excessively dry mouth, and an odor of an alcoholic beverage eminating from upon his breath.” Does this person sound like a threat? Sounds sickly to me!!!! I’d be more threatened by a bottle of milk!!!!!!
19. “Despite all of this, I continued to try to advise the male to calm down and even offered to get him a safe ride home as we noted him to be under the influence of alcoholic beverages as well.” Despite all this you still had me in handcuffs at this time!!! Did you intend to take them off and let me go after all this?
I was never offered any water or chair or anything. There was no other officers present until I was already being patted down. When has ANYONE been in a similar situation, and let go? The whole offering a ride is complete bullshit! I was never asked nor did I ever state I had a weapon. I don’t consider that knife to be a weapon even if I was asked. To nme it’s a tool Just like you Ogrady!!!!!!!!!!!!!!!!!!!
And a jusdge bought this whole story!! Without hearing my side. Judge Gilligan, said to me” I believe every word of this statement”