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Civil Liberties

Camera-Shy Cop Draws Gun on Cellphone-Wielding Suburbanite

"Are you some kind of a constitutionalist crazy guy?" the officer asks.

Jacob Sullum | 8.6.2015 6:30 AM

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Throughout the five-minute video, the police officer remains calm, while the man he is approaching becomes increasingly agitated. Then again, the cop is holding a gun, while the man is holding nothing but a cellphone, which he is using to record the encounter. The man, Don McComas, who is standing in his own driveway in Rohnert Park, California, thinks drawing a gun is a disproportionate response to someone whose only offense is taking out his cellphone and pressing "record" (something he has every right to do). Most viewers probably will agree.

Exactly what prompts the cop to get out of his patrol car, aside from his annoyance at being recorded, is mysterious. Before getting out, he picks up his own camera to take a picture of McComas. Later, when McComas asks why he decided to approach him, the cops says, "You're taking a picture of me. I'm taking a picture of you."

But once the cop has left his car, he claims to be concerned that McComas is armed. "Take your hand out of your pocket," he says repeatedly, moving slowly toward McComas with his gun drawn. "I just want to make sure you don't have a weapon." McComas refuses to take his hand out of his pocket, saying he has done nothing wrong and the officer has no legitimate reason to question him or order him around. "You have your gun out because you're a police officer, and you're trying to intimidate me," McComas says. "This is going all over YouTube."

As far as the cop is concerned, it's McComas who is being unreasonable. "Are you some kind of a constitutionalist crazy guy or something like that?" he asks. After a few minutes, the cop gives up, conceding he has no legal grounds to detain McComas. He gets back into his patrol car and leaves, saying, "You go ahead and have a nice day and put it on YouTube."

McComas, who posted the video on Facebook last week, already had a bone to pick with local police. "You guys have done enough to my family," he tells the cop in the video. "Your station is corrupt." On Facebook, McComas says, "I am not anti police however the lies and distrust I've encountered from the Rohnert Park & Petaluma Police over the last 15 months is something I wouldn't ever believe if I heard it from someone else. This is just a time I was smart enough to hit record as I was approached at my home." He says he started recording because the officer stopped in front of his house for no apparent reason, then circled back and "stopped facing me for a few minutes, doing nothing but pointing straight at me/my house."

Whatever pre-existing grudge McComas may have had, the cop, who told him "I don't even know who you are," initiated the confrontation for no legitimate reason that he could articulate, then needlessly escalated it by drawing his gun and walking toward McComas, all the while posing as the calm voice of authority. That much is clear from the video, which is now available on YouTube as well as McComas' Facebook page and has created a bit of a stir in the local press.

"We've been made aware of this matter and we are taking it seriously," Rohnert Park Mayor Amy Ahanotu and City Manager Darrin Jenkins say in a statement issued on Tuesday." We understand the concerns that have been raised by our community and others and we want the public to know that your trust in law enforcement in our City is a top priority. As a result, we will conduct an internal review to verify that appropriate protocols were followed. We will also review our protocols because we want to make sure we are using the best practices for the highest level of safety for both our officers and the community."

[Thanks to Doc Mike for the tip.]

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NEXT: Kitchen Worker or Cop?

Jacob Sullum is a senior editor at Reason.

Civil LibertiesPolice AbuseWar on CamerasCriminal Justice
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  1. Mr Lizard   10 years ago

    This member of the enforcer class has clearly slipped his leesh, and requires training. Going to 11 on a light-pigmented suburban mammals is not conducive to maintaining a racket.

    1. Swiss Servator, rudert schwer!   10 years ago

      Howzabout we just let your overlords use him as feed?

      1. Mr Lizard   10 years ago

        Not feasible, the steroids ruins the meat. However my people may have a use for them as pets.

        1. straffinrun   10 years ago

          When they die, just don't bury them in the pet cemetery. That's how you make SWAT members.

          1. Kristen Bids No Trump   10 years ago

            Win.

        2. Pulseguy   10 years ago

          I wonder how much of cop rage is actually 'roid rage?

          1. bluecanarybythelightswitch   10 years ago

            Is that when you have piles and violently lash out at people? I get that.

      2. Restor-woodchipper-as   10 years ago

        How are you feeling, LTC?

      3. Trigger Hippie   10 years ago

        Good to see you come back healthy and all in one piece, Swiss, er..., good to see you back.

    2. Brendan   10 years ago

      I think woodchippers can be used as training devices.

    3. Rt. Hon. Judge Woodrow Chipper   10 years ago

      Maybe he has a racial quota to fill to please the correct-thinking peoples.

    4. Curtisls701   10 years ago

      Just an observation - there aren't a lot of dark-pigmented targets in the Rohnert Part/Petaluma area. Clearly these brave enforcers must be able to "train," using light-skins.

  2. Adans smith   10 years ago

    Seems every day,over and over,dip shit cops acting badly,or worse on H& R .Would make a good TV show,call it ANTI-COPS,

    1. BigT   10 years ago

      I have suggested this before. Maybe an HBO series since the networks won't touch it.

      1. Adans smith   10 years ago

        So true

    2. sarcasmic   10 years ago

      The show already exists. It's called COPS.

    3. retiredfire   10 years ago

      Yes, but the cop's explanation of why he was looking at the subject was...Oh, wait...didn't bother to try to find that out, did you?
      Can't let the full story get in the way of a good "we hate cops and want street anarchy" screed, can we?

  3. WTF   10 years ago

    Did the officer get home safely? Because that's all that matters.

    1. UnCivilServant   10 years ago

      I'm sick of hearing that, especially in jest from the commentariat.

      Get new material already

      1. Smilin' Joe Fission   10 years ago

        But did he?

        1. UnCivilServant   10 years ago

          That cop is not safe anywhere - because he's always around at least one criminally dangerous psychopath.

          1. Homple   10 years ago

            We're all around criminally dangerous psychopaths, some of them wearing badges badges, as is frequently documented here.

          2. Rt. Hon. Judge Woodrow Chipper   10 years ago

            Yes, but if he commits suicide someone else will be charged with murder.

          3. Tionico   10 years ago

            excellent observation. As to the criminally dangerous psychopath, wherever he goes, there he is.... and that copper can NEVER run far or fast enough to excape him.

      2. Adans smith   10 years ago

        I don't think it's a jest.It's really how many cops think. Repeating the truth is a good thing

      3. Steve G   10 years ago

        Can I sayz "booyah"? .."Smootches"??

      4. Adans smith   10 years ago

        BTW,if this cop pulls a gun because he feels threatened by being videoed how far would he go if someone didn't show him enough respect in other encounters?

        1. Oliver Klowzov   10 years ago

          He may have flipped a table with his donuts on it.

      5. The Shrubber's Woodchipper   10 years ago

        Now, now, UCS. It was just Another Isolated Incident ?.

      6. WTF   10 years ago

        I'm sick of hearing that, especially in jest from the commentariat.

        Get new material already

        Oh, I didn't realize I was here to entertain you.

        1. Restor-woodchipper-as   10 years ago

          Are you not entertained?

          1. WTF   10 years ago

            Well, I am. I feel bad for UnCiv, though.

      7. Almanian - Trump's Woodchipper   10 years ago

        I'm glad he made it home safely, cause that's all that matters.

        *stares at UnCiv*

        1. UnCivilServant   10 years ago

          I don't like being stared at.

          *removes branding iron from fire*

          Which eye do you want to keep?

        2. Clich? Bandit   10 years ago

          I would like to point out that, in my new favorite show Alone, the FIRST GUY to tap out after TWELVE HOURS was the cop. On the "After the Rescue" episode he said he didn't feel safe and had a family to go home to ... I SHIT YOU NOT!

          A. If he had had his service weapon he would have been blindly firing into the woods until all out of ammo.
          B. I was a Boy Scout and I guarantee I could have made it twelve hours.
          c. This is now beyond parody.

  4. Fist of Etiquette   10 years ago

    Seems like his hand wasn't in his pocket.

    1. UnCivilServant   10 years ago

      I think the cop was setting up the "I thought he had a weapon" offense.

      1. AdamJ   10 years ago

        "And the sick bastard was going to film his kill, so I had no choice but to defend myself."

        1. phandaal   10 years ago

          The suburbanite is probably part of some kind of wicca cult, planning to sacrifice that cop's mustache on the next blood moon.

          1. Hamster of Doom   10 years ago

            He's going for Sam Elliot, and missing by a wide, wide margin.

      2. Rt. Hon. Judge Woodrow Chipper   10 years ago

        He SHOT me! With a camera!!!!

    2. phandaal   10 years ago

      And unless he has three hands, it wasn't... considering the camera shows him doing something with his other hand during the video.

  5. straffinrun   10 years ago

    In some bizarre universes, it is considered self defense to use lethal force when someone unjustly pulls a firearm on you.

  6. straffinrun   10 years ago

    BTW He says to the dispatch, "I'm at that address". Then claims he doesn't know the guy. Seems odd, no?

    1. sarcasmic   10 years ago

      It's only odd if you are foolish enough to think the cop was being honest.

    2. AdamJ   10 years ago

      Yeah, I'm interested to hear the backstory. I'm sure it'll start coming out.

      1. straffinrun   10 years ago

        Wait to hear the backstory? What kind of a mob are we gonna start if we wait for facts?

        1. in4mation   10 years ago

          Homeowner needs to FOIA that shit.

    3. cgr2727   10 years ago

      Something fishy here, besides the jackbooted gun-pulling. I suspect we're not getting the full story from either side. Usually when a cop goes full-retard like that, all of their pumped up buddies come roaring up to offer "assistance" to the call they heard on their radio. Definitely not normal for a cop to back down the way he did and just go away.

      1. Pulseguy   10 years ago

        He heard the homeowner was sleeping with his wife.

  7. Slammer   10 years ago

    "We will also review our protocols because we want to make sure we are using the best practices for the highest level of safety for both our officers and the community."

    Officers First! And it's telling that they don't see police as part of the community.

    1. Adans smith   10 years ago

      Not all animals are equal citizen.

      1. SimonJester   10 years ago

        Use a fucking comma, you monster!

    2. Homple   10 years ago

      "And it's telling that they don't see police as part of the community."

      -1 Sir Robert Peel.

    3. Curtisls701   10 years ago

      They will review protocols because there are not enough citizens with dark pigmentation in their town, so they really don't know how to handle a case like this. Surely the protocols will change to them emptying their clip.

  8. Almanian - Trump's Woodchipper   10 years ago

    AND NOTHING ELSE HAPPENED!

    BOOYAH!

    We are WINNING!

    1. Medical Physics Guy   10 years ago

      I know you're not Tulpa. He spells booyah wrong.

  9. Abe Froman   10 years ago

    Trust the cops? Are you kidding??

    I see cops who lose their way every day, and I don't like that,
    because their ambivalence is contagious. They infect those around them. They're like maggots. Where you find one, you find a nest.
    --- Robert De Niro in Cop Land (1997).

    Police officers are vocational sociopaths.

    A sociopath is someone who displays a "disposition to violate social norms of behavior" through "deceitfulness ? impulsivity ? irritability and aggressiveness ? [a] reckless disregard for safety of self or others," and a "lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another."

    Owing to the nature of the job, law enforcement selects for sociopathic personalities.

    Will Grigg, 4/11/2015

    1. 0x90   10 years ago

      Not to mention that they are, by definition, professional extortionists. By definition, because for example, should you refuse to pay your property tax, it's not just a bunch of weasely bureaucrats who are going to show up to rectify the situation.

      1. Rt. Hon. Judge Woodrow Chipper   10 years ago

        You're an errand boy, sent by grocery clerks, to collect a bill.

  10. sarcasmic   10 years ago

    "Are you some kind of a constitutionalist crazy guy or something like that?"

    Because anyone who thinks the Constitution means what it actually says is crazy. I mean, it's like old and stuff. It doesn't apply anymore. The world has changed.

    1. Troy muy grande boner   10 years ago

      Yeah, these pigs actually think that people who know and exercise their freedoms are crazy.

      1. Rt. Hon. Judge Woodrow Chipper   10 years ago

        You have to have men who are moral... and at the same time who are able to utilize their primordial instincts to kill without feeling... without passion... without judgment... without judgment! Because it's judgment that defeats us.

  11. Fist of Etiquette   10 years ago

    "Suburbanite" is a dog whistle.

    1. Rt. Hon. Judge Woodrow Chipper   10 years ago

      I thought it was a euphemism.

      I suppose it can be both.

  12. some-yahoo   10 years ago

    In most jurisdictions, pulling a gun on someone is considered using lethal force and isn't justified unless the the person pulling the gun has a reasonable belief he's being threatened with immediate death or grievous bodily injury and the person he's pulling the gun on has the means to carry out the threat.

    1. sarcasmic   10 years ago

      Since when did the law apply to those who enforce it?

  13. Francisco d'Anconia   10 years ago

    "Are you some kind of a constitutionalist crazy guy or something like that?"

    I don't know, are you one of those authoritarian, murdering, baby maiming, dog shooting, psychopathic pigs?

    1. straffinrun   10 years ago

      ^This is why I revisit apparently dead threads. Excellent, Frank.

  14. Rt. Hon. Judge Woodrow Chipper   10 years ago

    We understand the concerns that have been raised by our community and others and we want the public to know that your trust in law enforcement in our City is a top priority. As a result, we will conduct an internal review

    Liars. If it was your top priority, it would require an external review.

  15. WuzYoungOnceToo   10 years ago

    He must be one of those highly-trained LEOs the left keeps telling me are the only non-military people who should be armed.

  16. gman68137   10 years ago

    If a civilian pulls out a weapon to intimidate and w/o reason, it's called brandishing and they are arrested, but if a LEO does it, he gets training? I thought they were supposed to be trained to begin with?that's why the have the badge. Someone needs more than training?maybe new job.

    1. gman68137   10 years ago

      I don't see any exemptions in California code for LEO. Here's a good article and why the city should charge the officer. He may be found innocent, but believe there is reasonable suspicion to take him to court. http://www.shouselaw.com/brand.....pc417.html

      1. ace_m82   10 years ago

        Who watches the watchers? Or, in this case, who enforces against the enforcers?

        Taxation is theft. Remove the theft (aka, the violation of NAP) and it all come crumbling down.

  17. croaker   10 years ago

    The police department cancelled their "Coffee with a cop" PR event.

    They claim disruption from outside their little town.

    Cowards.

  18. AD-RtR/OS!   10 years ago

    Did anyone care to investigate what "issues" this homeowner/resident was having with the Rohnert Park & Petaluma Police departments?

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