Christopher Hickman has been charged with Assault by Strangulation, Assault Inflicting Serious Injury and Communicating threats for August 24, 2017 use of force incident. Asheville’s police chief said she will resign if people want her to, in the aftermath of a leaked body-camera video showing one of her former police officers beating a man who was accused of jaywalking.
“I am happy to resign if that will solve the problem,” Chief Tammy Hooper said as hundreds of people expressed their frustration during a Citizen Police Advisory Committee meeting at a local community center Wednesday evening, according to the Asheville Citizen-Times.
The former officer, Christopher Hickman, was charged Thursday with assault and communicating threats, according to the Buncombe County District Attorney’s Office.
The leaked video taken near downtown Asheville shows Hickman, who is white, punching the head of local resident Johnnie Jermaine Rush, who is black, on the night of Aug. 24.
The video begins with Officer Verino Ruggiero warning Rush about repeated jaywalking.
After Rush is given the option of a citation or being arrested, he can be heard cursing out of frustration. Officer Chris Hickman tells Rush to put his hands behind his back. Rush then runs, and Hickman is heard in the video during the chase saying “You are going to get (f*****) up hard core.”
Rush says several times he cannot breathe after being taken to the ground and shocked with a stun gun.
All charges against Rush, including assaulting a government official and jaywalking, have been dropped.
An administrative investigation determined Hickman used excessive force in violation of Asheville Police Department policy.
Hooper met with Hickman on Jan. 5 with plans to fire him, but Hickman resigned first.
Police said they plan to present an investigation into whether Hickman’s actions against Rush were criminal to the district attorney next week.
“This is a human rights issue, and Hickman should’ve been charged from day one,” local Black Lives Matter leader DeLores Venable said during Wednesday’s meeting, per the Citizen-Times report. “If no one would’ve leaked it or said something, we would be in the dark.”
Hooper issued a public apology March 1, saying, “The acts demonstrated in this video are unacceptable and contrary to the department’s vision and the progress we have made in the last several years in improving community trust.”
Town leaders agreed to release personnel information on Hickman that provides more detail on the case after a closed meeting on Monday.
A supervising officer who responded to the scene of the incident to evaluate Hickman’s use of force failed to convey findings in a timely manner, the report said, “despite being told by Hickman that he struck Mr. Rush in the head with his Taser, and despite Mr. Rush saying that he was choked.”
The supervisor was disciplined and required to undergo further training.
Hooper also ordered a review of more than 58 hours worth of footage from Hickman’s body-camera, which “revealed four other instances where Hickman displayed discourteous and rude conduct to members of the public.”
The city also filed a petition Monday asking for more body-camera recordings of the incident to be released on belief that doing so “is necessary to provide the public with full disclosure of the circumstances surrounding the arrest” and “to provide the public with all relevant information to understand the events that transpired.”
Las Vegas Metro police shot and killed a 22-year-old man early Friday morning after he reached for a weapon and defied commands repeatedly, police said.
Officers Francisco Rivera, 28, and Padilla Mills, 23, were involved in the shooting in the 200 block of Madge Lane, near Charleston Boulevard and Sloan Lane.
Assistant Sheriff Brett Zimmerman on Monday said officers were on their way to another call when they spotted Junior David Lopez driving recklessly with two women in a blue Chrysler 300.
“Hey, what are you doing? Stay in the car man,” one of the officers yelled. “Stay in the ****ing car! Don’t move! Do not ****ing move!”
When officers stopped the vehicle, Lopez got out of the vehicle with a Smith and Wesson Bodyguard .380 firearm in his hand then tossed it on the ground, police said.
Zimmerman said Lopez defied officers’ commands to put his hands up and step away from the weapon. Instead Lopez grabbed the firearm and raised it, he said.
“Hey, get away from the gun!” officers yelled. “Do not move! Don’t reach for the gun, man. Do not reach the gun.”
Officers believe the body camera footage shows Lopez twice saying the words “shoot me.”
“I don’t know what was going through his head, but he was given ample opportunity to be taken into custody and he wasn’t,” Zimmerman said.
Officers Rivera and Mills both fired their weapons. Lopez fell to the ground and rolled over. Police say he reached for the guns once more. Officer Mills fired one more round, striking Lopez.
“We’re going to need medical for the subject,” one of the officers said, over his radio. “He’s reaching. Don’t reach for it! … His 4-13 is about one foot from his left hand. Don’t!”
Lopez was taken to Sunrise Hospital where he later died at 5:15 a.m.
The two women in the car were not injured. One was Lopez’ girlfriend and the owner of the vehicle. The other was a friend.
Both women on Monday night.
“I remember when we got pulled over they told us to get the **** out of the car, for him to get the **** out of the car. Why don’t I hear that in the video?” said Lopez’s girlfriend, Amber. “He was the best thing in my life… He said, ‘Don’t shoot me. Don’t shoot me. Don’t shoot me.’ You can’t hear the don’t, but you can hear him. ‘Don’t shoot me. Don’t shoot me.'”
Assistant Sheriff Brett Zimmerman said 22-year-old Junior Lopez told officers to shoot him, twice.
“I don’t know what was going through his head but he was given ample opportunity to be taken into custody and he wasn’t.”
Lopez’s girlfriend said he was yelling, “Don’t shoot me!”
Lopez’s girlfriend also says officers told him to get out of the car… before they yelled at him to get back in the car. She argues that the first portion was conveniently cut out of the video released today.
“Everything they said is not true,” said Jorge Luis Martinez, Lopez’s father. “The video is not complete. ”
Lopez had one prior charge for false statement to a police officer in North Las Vegas in 2016
Both officers have been employed with Metro since May 2016. They are both assigned to the Community Policing Division Northeast Area Command. They were both placed on routine paid administrative leave pending the outcome of the investigation.
How an anti-illegal immigration YouTuber turned a $280 fine into a federal criminal trial
It began as a $280 citation for using a video camera in a courthouse.
But to Gary Gileno, at stake was much more than the couple hundred bucks he was told to pay.
An attorney for the anti-illegal immigration activist and prolific YouTuber told a judge Friday that the four-hour trial over the fine was really about preventing government abuse of power, protecting the rights of journalists and ensuring that citizens can hold public officials accountable.
“If he is convicted … it’ll chill speech, it’ll chill journalism, it’ll say the federal government has a superpower to do whatever it wants,” attorney William Becker said. “This is unprecedented. This is what we expect to see in a police state.”
A federal prosecutor dismissed the rhetoric, arguing the Class C misdemeanor charge was simply about Gileno’s refusal to follow a security officer’s orders.
The unusual legal battle came after Gileno, 32, tried to bring a video camera into a meeting of the Los Angeles County Sheriff Civilian Oversight Commission last year. California law specifically allows the public to use recording devices at such meetings, but the commission’s meeting in August was held at a federal appellate court building where filming is prohibited.
Someone just detained at federal courthouse, where public Sheriff Civilian Oversight Commission meeting takin place, 4 trying 2 take pic
The commission, a civilian panel set up to monitor the Sheriff’s Department and listen to public concerns about the agency, had been gathering in different locations around the county since it began meeting in January 2017. This was the first time commissioners had met at the 9th Circuit Court of Appeals building in Pasadena.
As Gileno entered the courthouse, deputy U.S. marshals told him he had to leave his camera in his car. Gileno insisted he had a right to record the meeting under the First Amendment and the state’s open meetings law, known as the Brown Act, and began filming the officers.
After Gileno was cited, Robert C. Bonner, a former federal judge who chairs the commission, told The Times he wasn’t aware of certain provisions of the state’s open meetings law and relied on the county’s lawyers for legal advice.
Rather than pay the fine, Gileno opted to take his case to trial, facing a penalty of up to a $10,000 fine and 30 days in jail if found guilty.
Gileno, who began his YouTube career after showing up at his local council meeting in West Covina, said he has made a living off of his channel in recent years. His copious videos — 3,237 and counting — focus primarily on denouncing illegal immigration and promoting supporters of President Trump. His criminal case may have been a boon for his channel — a recent screed on his own prosecution was viewed more than 10,000 times.
On Friday, two court security officers who clashed with Gileno took the stand and testified that there were signs clearly posted saying photography wasn’t allowed in the courthouse. They said Gileno grew belligerent and disruptive, turning on his camera after being warned several times that it was not allowed.
Testifying in his own defense, Gileno said he was a freelance citizen journalist who has attended and filmed local government meetings and legislative town halls for about five years.
“I believe in the United States of America, you should be able to keep tabs on the government,” he said.
In more than 250 other public meetings he attended, he said, he never had an issue with bringing in his video camera. He said the security officer all of a sudden “exploded” at him, so he turned on his camera “to document what I felt was a violation of my rights at the time.”
Assistant U.S. Atty. Benedetto Lee Balding said Gileno’s disruption of security officers working at the 9th Circuit Court of Appeals was no small matter. It was Gileno who escalated the encounter by refusing to go along with the officers’ orders, he said.
“He decided unilaterally he didn’t have to follow the rules,” the prosecutor said.
Becker, who primarily represents conservatives and Christians in free-speech cases, worked for free on Gileno’s case. He argued that the federal courthouse essentially became a “limited public forum” when it hosted the commission meeting, which Gileno should have been allowed to film under the state law.
Magistrate Judge Jean P. Rosenbluth said she could understand why Gileno was angry and frustrated given his past experience filming the meetings, but she said that didn’t excuse his failure to follow orders. Security at the appellate courthouse, where justices could be filmed without their knowledge, was a serious concern, the judge said.
“Even if these seem arbitrary or don’t make any sense to Mr. Gileno or anybody else, clearly they serve this very important purpose,” Rosenbluth said, finding Gileno guilty.
Acknowledging that a “misunderstanding” had led to the kerfuffle, the prosecutor recommended a sentence of no fine, which would leave Gileno having to pay just $35 in court fees. Rosenbluth said she felt the need for “some consequences” and ordered Gileno to pay a $50 fine, bringing his total penalty to $85 with the fees.
Gileno said he was “outraged” and “astounded.” After the verdict, he turned to nine supporters in the audience, including a man in a red “Make California Great Again” hat, and exclaimed, “I was never read my rights!”
His attorney said they would seriously consider an appeal and possibly a civil lawsuit against the government.
“What the judge just said is if a city council can move to a federal building, they can keep the meeting secret,” Gileno said. “That’s grossly illegal.”