via MyFoxDC.com (5.23.11):
Disabled Man Injured During Arrest at U Street Metro Speaks
by MAUREEN UMEH & MATT ACKLAND
Dwight Harris ended up with injuries to his face that required several stitches and a huge bandage after his arrest Thursday afternoon outside the U-Street/Cardozo Metro stop.
A witness captured the incident on their cell phone and posted it on YouTube.
Harris was arrested for assault on a police officer and drinking in public.
"They tell him to stand, and he can't really stand if he's in a wheelchair, and they slammed him on the ground, and the whole side of his face is just leaking," said Fields.
The American Association of People with Disabilities is also commenting about the video. Acting CEO Helena Berger says she was shocked when she first saw it.
"This is not the first time that someone with a disability is basically mistreated, and I think this goes to the bigger question: Where's the training for law enforcement?" Berger said.
FIRE THEM! PERIOD! Make it a Law! That all cops go through community services that deal with all areas of the disability communities across the country. If they don't! They don't get JOB! PERIOD!
Posted by: Richard John Cortez | May 27, 2011 at 06:16 PM
My case was basically the trial of a blind man charged with DUI!
There was a minor collision on the 405 freeway. I had briefly fallen asleep at the wheel and I rear ended a car in stop and go traffic. My glasses came off on impact as did the sunglasses of the women I hit. It was my fault, of course, but at 9:30 in the morning I can only attribute this to months of sleep deprivation due to a broken back (broken in two places). That morning I had been up since 1:30 AM. The injury happened in late March, 2009 and I had never experienced any fatigue at the wheel since the injury, though I had never driven this far since the injury. I had taken no impairing substance.
Fortunately, no one was hurt; we exchanged insurance information and were in the process of leaving. As I was frantically groping for my glasses, to no avail, the Hwy patrol pulled up. The Hwy Patrol refused my repeated requests for my glasses, I told them repeatedly, "I'm blind as a bat without them." I also enumerated all of my orthopedic problems including a back broken in two places, (“two thoracic compression fractures of vertebras T7 and T8”) arthritic hips possibly in need of surgery and a plated pelvis, all effecting balance. I am 4X and 6X legally blind without glasses and there is a clear restriction on my driver’s license stating, I must where corrective lenses.
Still a STANDARD field sobriety test was administered which, of course, I failed. They might as well have blind folded me like a hostage – an accurate analogy for many reasons. Police observations can all be attributed to blindness alone and my requests for my glasses were conveniently omitted from the police report. These “observant” officers not only did not see the restriction on my license. as they did not cite me for it. They also observed calluses on my right finger tips, where there were none. The question “why do you care?” comes to mind, but I was not asked about them. The calluses were and are on my left finger tips and were caused by guitar playing. A guitar was also in the car but not logged by the tow yard inventory report.
So not only were any of these highly trained and “observant” officers able to make the guitar/finger/callus connection, their training apparently does not include or require knowing left from right. Another highly trained (nine days of classes two weeks in the field and a few quizzes) DRE (drug enforcement “expert”) determined I was under the influence of drugs. Apparently, the above training makes him an M.D. and an Ophthalmologist, who can easily divine the difference between impairment by drugs and impairment by sleep deprivation. In addition, the DRE has uncanny powers to identify the impairing substance.
I travel with all my prescription drugs which were in a shaving kit within another bag – not in plain view. The actions above are the “probable cause” for both my arrest and this illegal car search, though the words, “you are under arrest” were never uttered. The police report says I was placed under arrest in the field, though I was Mirandized at either the police station or jail. I have no idea of the precise point in time I was "under arrest" The discovery of my prescription drugs, no doubt, played a part in their decision to arrest, as about seven prescription Vicodin were among the medications present. My alcohol levels (both breath and blood) registered 0.00. I'd been clean and sober for over 2 years at the time of my arrest. In fact, I was weaning myself off of the Vidodin as they did not allow me to sleep as I had hoped. I had been taking them for four or five months and had also developed quite a high tolerance to them. I had taken one tablet prior to 8:00 PM the night before. Finally the Vicodin warning label reads, “Do not drive a car, operate machinery, or perform any other potentially dangerous activities UNTIL YOU KNOW HOW THIS DRUG EFFECTS YOU” (emphasis added). As stated, I had been taking Vicodin for about five months prior to my arrest. I had driven uneventfully all this time with much higher quantities, of this drug, as prescribed, in my system. I had built up a tolerance to it and was weaning myself off the drug, which would result in extremely low quantities in my system – far below impairment levels. Yet the police toxicology report only indicates the “presence” of opiates, not the quantity or percentage as does the alcohol test. One could take one Vidodin tablet and its presence could be detected in their system up to four days later. So the subjective opinions of the DRE are relied upon to determine both impairment and the identity of the impairing substance. Those nine days of training must be nothing short of miraculous. In addition, I had a great deal of experience with prescribed Vicodin due to a broken pelvis from 2006 to 2007, and other injuries prior to this. After this five month period, I knew precisely how this drug affected me and never experienced any impairment as a result of its use or I would have immediately discontinued it. I followed the drug warning label to the letter. What other safety precautions could be taken? According to these facts, The Orange County District Attorney’s Office would prosecute INVOLUNTARY intoxication, whether or not intoxication was even present.
Much to my surprise, the opiate detected was not Vicodin but two substances that are apparently produced by over- the –counter “cough and cold tablets” that I take regularly for my asthma related cough. They contain dexthromethorphan which some how morphs into these two opiates that I had never even heard of before. The two tablet dose I take, almost daily has no impairment effect and I did not even take any on the day of my arrest.
My case is analogous to being convicted for eating too many poppy seed bagels. The opiates that showed up were “Levorphanol/Dextrorphan.” I had never heard of these drugs, let alone taken them. This has to be a false positive, which dextromethorphan has a history of.
Moreover, the night before my last day of trial where I was planning to testify to all of the above, I was taken by ambulance to UCLA Santa Monica hospital at my doctor’s insistence. I have a painful urinary tract infection that continues to this day. I was released early the next morning (the last day of trial) and arrived home, still in pain, at approximately 8:00 a.m. I immediately informed my public defender of the situation and asked if the judge could grant a one day continuance. She refused and ordered me to appear or they would proceed without me. In other words, while still sick, sleepless and possibly filled with opiates administered in the emergency room, she ordered me to drive from Los Angeles to Orange County to my DUI trial no less. This was simply too risky and impossible so they did proceed without me, I never got to tell my side of the story and I was convicted. I AM ABSOLUTELY INNOCENT OF ANY CRIME. I am civilly liable for falling asleep at the wheel which is not a crime. A one day continuance is all I asked. I was then informed of my conviction. The following day, I was informed that my father, who had been ailing throughout my trial, had died.
Posted by: Daniel | May 27, 2011 at 09:43 PM
Inappropriate response by police to persons with disabilities can be remedied a great deal by mandatory disability awareness as an integral part of training in police academies.
There is an additional problem. I will call this DISABILITY AVERSION. The human body may superficially differ by skin and hair. A serious disability goes to the core of human identity.
If we teach and learn ACCEPTANCE at an early age we may yet raise a generation of people capable to act justly in any given situation.
WE WILL ALL BENEFIT!
Posted by: Elisabeth Ellenbogen | May 28, 2011 at 12:23 PM
Outside or internal "TRAINING" is not enough to ensure a consistant agency response to any given situation.
Most of these "TRAININGS" are never really translated into actual enforceable policies and proceedures in the agency that's doing the hiring. The policies should include a required response for violations, sometimes they just give them more "TRAINING'.
"SOME DOGS ARE NOT TRAINABLE" Only after approved policy is put in place will we see an effective incentive for the emmployees to be consistant in their response to the situation.
Posted by: Project Parenting Time | June 25, 2011 at 07:04 AM