$1.5 Million for Woman Beaten on the Side of the Highway by CHP Officer
Video of a California Highway Patrol officer punching a woman on the head on the side of a highway in Los Angeles got wide attention in July. Back when the incident was exposed, CHP promised to investigate the matter.
Yesterday, following a nine-hour mediation session, the CHP agreed to a $1.5 million settlement. And the officer involved has agreed to resign. From the Associated Press:
The statement said that Officer Daniel Andrew, who joined the CHP in 2012 and has been on paid administrative leave since the incident, "has elected to resign."
Andrew could still be charged criminally in the case. The CHP forwarded the results of its investigation of the incident to Los Angeles County prosecutors last month, saying he could face serious charges but none have been filed yet.
Much of the money will come in the form of a "special needs trust," according to the AP. The woman, Marlene Pinnock, has bipolar disorder and apparently was off her medication and wandering in traffic when the officer arrived. She told the AP that she thought the officer was trying to kill her.
And while Andrew resigning may be considered justice, I would be wary that he could be easily be rehired by some other law enforcement agency.
Here's the video for anybody who missed it in July:
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"And while Andrew resigning may be considered justice, I would be wary that he could be easily be rehired by some other law enforcement agency."
Although some people are able to avoid prosecution for crimes committed on the job, that's usually just because the victim of the crime is the employer--and the employer agrees to that.
When your employer is a monopoly of legal aggression, and you are employed and the wielder of that aggression, misapplying violence is a minor infraction.
"Oh you unjustifiably shot someone? Well you felt threatened and your feelings are the only consideration in deciding this issue of justice."
Cops who shot innocent women during Dorner manhunt to go back on the job
Well, to me, the question is whether the victim of the crime agreed to not press criminal charges.
Did she?
Or she just agree to settle her civil lawsuit?
How much choice does one typically have in cases like this? If she wanted to pursue criminal charges she would take her grievances to another guy that works for the same institution as the perpetrator. There is a general pattern of people not pressing criminal charges against police officers and instead agreeing on civil settlements, no? It stands to reason there are systemic incentives for that course of action.
Well, I'm on her side, too.
The question is whether this guy is going to be prosecuted--not whether he's guilty, but whether he should be tried.
I don't understand why an officer in this situation would agree to resign--without...
It's all speculation, but why would you do that? Why would you agree to resign, when you can fight, and your union will fight for you?
The fact that we are asking that question gives you an answer. An unbadged person is not shielded by public law and the qualified immunity it confers. So the question that is being asked by Top Men within the judicial monopoly, is whether or not the perpetrator of this savage beating can invoke the legal right of government officials to savagely beat a person without facing criminal law.
Of course I can't say for sure but this particular case is well publicized. It's on a rather indefensible video and this cop now has a target on his back. Maybe he wanted get the hell out of LA or maybe in some sort of cosmic freak accident his fellow officers ostracized him. (lol)
But I don't think prosecution is necessarily in the cards for this cop. He could have tased or shot her to death and I still think it's iffy whether or not he'd be charged.
No it's not. Justice would involve being treated like any other violent criminal. However this guy had a badge on at the time of his violent crimes so they'll act like he committed the equivalent of an administrative infraction. I can't imagine beating the piss out of a woman on the roadside and then simply losing my job as a consequence. But then again, I'm not a government paid thug shielded by public law.
Isolated incident. One bad apple doesn't spoil the bunch. The System? worked.
My fucking nuts ache this morning. Fuck you, Reason, for posting all this, and fuck me for reading it.
YEAH, I DON'T CARE THE WOMAN GOT MONEY - SHE GOT THE SHIT BEAT OUT OF HER BY A GOVERNMENT OFFICIAL. FUCK! FUCK! FUCK!
I need to go lie down and get a grip...
Hey now. This was a win-win. The cop got to exercise his profound level of violent aggression and the victim got paid for her trouble. Everybody's happy! All better! Nothing to see here! Seriously move along.
Yeah, I need to lie down and get back to, "Well, at least I can be happy he didn't FUCKING KILL HER."
Let's celebrate the small victories!
Had he killed her the tax payers might have been spared the cost of this lawbreakers civil settlement.
Retirement in Fort Lauderdale! Yee Haw.
The CHP forwarded the results of its investigation of the incident to Los Angeles County prosecutors last month, saying he could face serious charges but none have been filed yet.
But did they send it over to their sister state agency to have his POST certification yanked? That would end any possibility of getting hired elsewhere. No? Color me shocked.
Andrew could still be charged criminally in the case.
Uh, I don't think so. he resigned. That's the most severe punishment allowed under the contract. Duh.
Looks like police WISH there was a War On Cops. It's war boners all the way down.
Too bad there isn't such a war on cops.
There is a war on cops. All those damn cell phone cameras catching them.
CELL PHONE GUN?! BLAM BLAM BLAM BLAM
resigning = keep pension/keep acrued pension time.
no justice.
if he cant collect the pension now, he will no doubt be in another thug with badge position elsewhere
And he sold all his accumulated sick days too, I am sure.
He EARNED those sick days through the collective bargaining process. Contracts, libertarians LOVE 'EM.
Therefore, you must agree that he deserves those, cause, LOGIC.
/cop fellating union lover
He was only a CHP ossifer for a couple of years. Is that enough to generate any pension benefits?
Probably disability. Did he resign due to disability, ie, not being able to testify reliably? Come on, there's got to be some clause to save his skin.
OT: Eric Holder is resigning, sort of
"...tenure marked by civil rights abuses, national security threat fantasies, ignoring reforms to the criminal justice system and five and a half years of fights with Republicans in Congress."
FIFY
Eric Holder Jr., the nation's first black U.S. attorney general
So... like Obama, that's his biggest accomplishment. Awesome.
He's just making sure they find him a replacement for when he gets the supreme court nod when Ginsburg retires next year.
Fortunately, next year just won't cut it. It will be a different senate next year, and he would never be confirmed. Likewise, if hillary wins in '16, it still won't fly, because she's already got someone in mind for that vacancy, and it ain't him. No, the only way it would work is, 1.): Ginsburg goes tits up right NOW, and, 2.)that senile scumbag Hairy Reid changes the senate rules again to confirm Holder with a simple majority. THAT'S what we should be sweating.
She told the AP that she thought the officer was trying to kill her.
From a woman suffering from a certain amount of psychosis, her assessment was amazingly lucid.
Like Samuel Johnson's noose, having the crap beat out of you will induce a certain amount of introspection.
I wonder what the cops' story would have been in the absence of a video?
The video, and a print out of the settlement, should be sent to the HR dept of every government jurisdiction within CA that maintains a LE effort of any kind.
This is a man who should have his POST credential pulled, and be prosecuted for assault.
Any agency that hires him should have their CLEO brought up on charges.