Los Angeles: Today at his monthly media availability, Los Angeles Police Chief William J. Bratton announced the Department has launched an investigation into an arrest made by two Hollywood Police Officers on August 11, 2006. The arrest was captured on videotape and is circulating on the internet. Chief Bratton provided the following preliminary information about the incident:
While on patrol, Officers Patrick Farrell and Alexander Schlegel recognized William Cardenas, 23, a local gang member, who was wanted on a felony warrant for receiving stolen property. When the officers tried to arrest him, Cardenas ran from them. The officers were able to knock Cardenas to the ground, near Gordon Street and Fountain Avenue.
After a struggle, the officers arrested Cardenas. The officers included a summary of the force used in their arrest report. Their summary included a description of Officer Farrell striking Cardenas’ face. Following LAPD policy involving non-categorical use-of-force incidents (i.e. uses of force that do not involve serious injury, or life-threatening force), sergeants investigated the reported use of force. The investigation included interviewing witnesses, some of whom reported seeing the officers and Cardenas fighting. One witness described seeing an officer punch Cardenas in the upper torso.
Based on the LAPD's preliminary investigation, the involved officers and the investigating supervisors were not aware that an uninvolved witness recorded part of the arrest on a video camera. The footage was first made public September 14, 2006, during Cardenas’ preliminary hearing on the charges of resisting arrest and the felony warrant. The Cardenas defense showed the video in court; nevertheless, the judge held over Cardenas for trial.
The Los Angeles County District Attorney’s Justice System Integrity Division (JSID) provided the video footage to LAPD. A complaint investigation by Professional Standards Bureau was immediately opened. Both officers have been assigned to administrative duties, pending the investigation.
Upon completion, the criminal investigation will be referred to the District Attorney's office for their review and action. The Los Angeles Police Commission's Inspector General, Andre Birotte, is also monitoring the investigations, which include an administrative investigation by the Professional Standards Bureau to determine if LAPD policy or procedures were violated.
"Police work is not always pretty," Chief Bratton offered. "But in my 36 years in law enforcement, I’ve learned not to make a judgement until I have all the facts." Bratton added, "All of the provisions and safe guards under the Consent Decree were followed. We now have to let the process follow its course."
The District Attorney's office charged Cardenas with two counts of resisting arrest. Prosecutors also noted a gang enhancement, which could result in a stiffer penalty, should Cardenas be found guilty of the charges.
Videos like this illustrate the gap between the perceptions of veteran officers and members of the public not familiar with police work. The video "looks" brutal if you make a number of assumptions.
First, you might assume that "I can't breathe" means he really can't breathe. But the officer doesn't and shouldn't assume that what is coming out of this guy's mouth is God's truth. This is a guy he and his partner had to chase down. I'm troubled by the weight placed on the suspect's upper body, and this doesn't look like best practice, but I'm not convinced this alone is excessive force.
Next, one of the officers says at the start of the video that he wants to apply the handcuffs. But it looked to me like the officers weren't able to do it right away, and they would have every incentive to do it right away. The suspect's arms are extended outward, not where, I would think, the officer wanted them. And what do we make of the repeated statements by the officer, "let go of me," while the officer is trying to get the cuffs on. I don't find it particularly believable that this command was the product of some attempt by the officers to stage the event to make a compliant suspect appear to be resisting. It seems more likely that he is a noncompliant suspect who appears to be resisting.
I would not assume that the suspect was seriously injured or that he endured excessive pain. Before making that conclusion, I would want to know more about the reports of any medical treatment he actually received. I would want to hear the accounts of paramedics, if any, who arrived at the scene. I would not consider the testimony of bystanders who said "what the ---- are you doing" to be very reliable.
As for the punches, it is easy to say that they didn't look so bad when one is not the one who took them in the face. But frankly, they didn't look like particularly hard hits. Again, we'd need to see what kind of medical evidence there is, and what injuries are consistent with being punched as opposed to going face-first into the sidewalk.
Based only on the video, I don't think we can assume this fellow is a victim, and it's fair to await the outcome of an investigation into whether there is evidence of excessive force. It's also fair to reserve judgment on the chief's approach, until we see whether the evidence as a whole supports or does not support a conclusion of excessive force. Then it will be fair to expect him to act in accord with where the evidence leads.
Posted by: Gabe | November 10, 2024 at 02:33 PM
I think "concerned citizens" who have never been forced into chasing down a criminal with a warrant out in his name who tries to run should withhold all judgment and leave this to the professionals. Join the LAPD yourself and find out how hard it is to restrain an individual who doesn't want to get cuffed. Until you do, please kindly refrain from constantly telling us how to do our jobs. I don't tell an accountant, banker, construction worker, or anyone else how to do his job, so why does everyone think they know better when it comes to police work?
Posted by: New Yorker | November 10, 2024 at 02:34 PM
Pretty soon Police Officers will be nothing more than Highly Trained Receptionists. Soon they will say, you know what, wht do i need to work, hard, make good solid arrests of true preditors and get second guessed every damn time! The only people who will end up loosing are the normal EVERYDAY CITIZENS. Because the cops will be able to protect themselves, they carry guns. They will not be the victims. The list of victims will only continue to grow and those victims will be you and I! The cops make hundreds of thousands of arrests everyday! And 99 percent of those arrested do follow directions and follow the officers commands. Then there is that 1 percent who defy the law and continue to spread theere poison on you, me, your neighbor, your mother, father, the innocent person getting shot in a drive by, the innocent person getting robbed at the ATM, the innocent persons getting killed while working the late shift at your local gas station.. Shall i continue? Ask yourself this.. If the cop stops you, are you going to run or are you going to follow directions like the rest of the 99 percent? The only reason you run, is because you are up to no good, you don't want to go to jail, you are on parole, you don't care to follow directions or care about the law. You have to be a true skinned criminal to run from the police and when finally caught, you put up a fight. Cops are not paid to fight fair. They are paid to arrest the bad guy and use the reasonable force necessary to effect the arrest. They are not paid to stand face to face with the bad guy and exchange even blows giving the bad guy the one chance he needs to knock out he cop, grab his gun and shoot them. Hmm then use the "my client was brutilized as a child or he was molested as a child and he was not thinking straight for fighting the cops and trying to kill them by grabbing for the guns. I wonder what that video would have shown if the cops did not use the reasonable force that shows on that video and the cops "cliiped giving the suspect the drop to grab one of their guns. What do you think the video will show then? Hmm let me see. The suspect would have said, "wait i was just kidding, here is your gun back!" Yeah..wake up people. The stories you see and hear on TV of suspects brutalizing, robbing, killing innocent people on TV is the same suspect you see on TV. Only this time he met his match when he tried to take on the law and the law won this time. This will cease his ability to rob you and your loved ones the entire time he is in custody. When he gets back out oneday you and I are fair game to him again. You better watch your back. Becuase that guy on the video will surprise you oneday at night in your house, on the street, and everywhere else he has the chance to prey on you.
I am looking for a true leader to stand up to all the people who are living in fairland thinking everything is ok, in the world to say wake up people, we do have bad people out there and this guy is one of them.
Cops are humans, they do get tired in runs, in fights and they are scared more than you and I becuase the have to physically get tangled up with the lowest of low in the society, and it takes for that one time for the suspect to catch the cops slipping and thats that. If you have a better idea on how to spread peace loving words to the suspects, have them not run from the law, have them stop killing and commtting crimes, please STEP up to the plate and tell them. If not let the police do there job as they are trained. These things happen in split seconds on the streets they are not given a second chance if the suspect gets the upper hand and grabs the cops gun and shoots the cop. This is reality, this is life, understand all the suspects who are out there that wont think twice in killing your family of kids for twenty dollars, for his new pair of sneakers, his cellphone, his ipod.. Shall i continue on? The LAPD already took the flashlight away from cops.. Whats next, their boots so they cannot go in foot chases to catch the worst of the worst?
Posted by: ED | November 10, 2024 at 02:47 PM
It's attitudes such as those displayed by Line Reserve Guy, m officer, Dick Swagger, Heather, Marc, and TW that got LAPD into trouble in the first place and led to the consent decree.
It is attitudes such as these that perpetuate distrust from the community, and until those who display such attitudes adjust their attitudes then situations such as this will merely continue happening.
I also note that Chief Bratton conspicuously failed to mention that the federal government is reviewing this matter.
I also fail to understand how Chief Bratton is able to ascertain that the consent decree was followed to the "T" before the investigation has been concluded by the PSB. It's hypocritical for him to say that due process must take its course, yet conclusions have been reached before the investigation has been finished?
JQP
Posted by: J Q Public | November 10, 2024 at 03:44 PM
The one's complaining here are weak-minded, skirt riding sheep. You hide behind the blanket of security these brave men and women provide for you. You kick them, curse them, blame them and hate them. Meanwhile, they just hang their heads, crawl back in their crusiers and go handle the next call with dignity and respect. The simple truth is, if you fight the police, if you resist the police, it is the cops job to make sure you lose in your effort, so that you never want to do it again. Now, in this modern day world that cannot be done to level it should be done, but it should still happen. It should never be a fair fight and no cop should ever be hurt at the hands of a puke suspect. Would you rather these two officers risk blowing out a disk in their back, or maybe get bit from the criminal and bring his disease home to their families. Negative...Never!
The LAPD are the best trained and most controlled bunch I have ever seen, and I have seen them all. They deal with with more violence and do so with more self control than any other department out there. The city of LA should thank their lucky stars.
It takes strength to bring about safety and peace. You can talk all you want in your class rooms about studies done by those who have never walked in the shoes of those who keep the peace. The reality is, warriors allow you all to sleep in peace at night, and when you challenge a warrior, you should be brought down swiflty and effectively to end the threat as quick as possible. Anything less just increases the chance that more damage, more injury and more lives could be at risk.
This needs to be explained to the public repeatedly, daily, in every different format imaginable.
It is for their own good.
Posted by: M. Ryan | November 10, 2024 at 04:02 PM
Here's an idea - when the police tell you to stop and put your hands behind your back - do it.
This criminal brought this on himself and the police used the minimum necessary force to make the arrest.
I am glad this thug is off the street.
Posted by: Jeff Anderson | November 10, 2024 at 04:11 PM
This blog forum is just another way that the cops can attempt to justify their rogue actions. Come into my neighborhood and try something like this on one of my family members or loved ones. LAPD sits behind a badge and gun and believes they have a God given right to treat people like this video shows. Karma knuckleheads. You jerks continously brag about the suspect being a gangster. I see that one of the officers involved has had previous complaints for similar incidents. What's the difference between street gangs and the LAPD acting like the judge, jury, and executioner?
Posted by: Mark | November 10, 2024 at 04:26 PM
J Q Public...you know nothing of appropriate police tactics, nor of me and what kind of a person I am. I am sure you are a bleeding heart liberal who thought Tookie's life should have been spared. The FBI should investigate this, and when they find the officers acted in policy, what will you say then??The LAPD is comprised of very good people who go to work some of the meanest streets in the USA, every day, only to be second guessed by the likes of you. Again, do a ride along with a Gang Unit...better yet, why don't you drive down to some of the gang infested neighborhoods of South LA and see how long it takes for you to be beaten and robbed. You are part of the problem because you are ignorant to the reality of police work and you are so quick to blame the cops before all the facts are in.
You bring up the Concent Decree....are you aware that it costs the City of LA 50 Million dollars a year to comply with? Did you know that a Federal Jury just awarded a 6 million dollar settlement to three of the officers who's careers were ruined by the lies and false allegations of Raphael Perez made against them in the Rampart Scandal and concluded that the Widespread corruption alledged in the Rampart scandal wasn't wide spread at all, but no more than a few thugs who became police officers and continued their criminal capers while wearing the LAPD uniform. Pull your head out of your liberal Arse! I'm sure you never served society in any way, much less the way Cops do...
Posted by: Line Reserve Guy | November 10, 2024 at 04:33 PM
The problem here is that people don't realize exactly how brutal it really is on the streets. They don't know what the police face every day nor do they realize the level of evil that exists in the communties they live in. Most people have never been in a fist fight. Even fewer have been in a fist fight where there is a gun involved. Do those of you who think this is a brutal and outrageous use of force realize what happens if those two cops lose the fight? They get killed, or injured so badly they can't continue to do their job, or paralyzed. They get to attend the funeral of the partner they were unable to protect and see the tears in his families eyes. Why does this happen because they chased a bad guy and lost a fight that his actions started. They had a gun and the bad guy took it and used it on them. Do those of you complaining know the statistics of how often an officer's gun was used against him/her in a fight that he lost? You see there is a gun in every fight we get into, it ours. If we lose that fight then we are left to the mercy of the rapist/child molester/murderer/robber/thug/dirt bag. Would you fight to win in a situation like that? We all know that our actions will be picked over, could be on tape, will be second guessed. We also know that we may get sued or reprimanded for our split second decisions after someone has days/weeks/months to make their own decision about what should have been done. Why do we do this? Why do we do this for you? Because we have an inherent belief in right and wrong. We want the bad guys in jail so that you are free to go about your day and cuss the LAPD and the way they go about theirs. If you are able to complain about the LAPD then you still live in a free country and still feel safe enough to express your opinion about the governement that serves you. And once in a long while we actually get told, "Thank you for protecting me and mine. Thank you for doing what you do."
Posted by: ABC Officer | November 10, 2024 at 05:20 PM
If any of you have done any ground combat, you would agree with me that when there is a lot of weight on neck or face, it elicits a self-preservation panic reaction. You flail, you do anything possible to stop the pressure.
It's an absolutely terrifying feeling to be subdued, and unable to defend yourself from strikes to the face. I believe the perp behaved exactly how you should expect someone to when you've got a knee mount on his neck and are raining punches down on his face.
Maybe the LAPD should audit its restraint techniques to find something that is just as effective, but more conducive to the perp cooperating rather than fighting for their lives.
Posted by: themonkey | November 10, 2024 at 05:24 PM
This blog is "just another way that cops can attempt to justify their rogue actions"? I hardly think so. It's a fantastic blog. Cops and people talking to each other and having their say -- what a concept! The trick is staying fair in our criticisms. Honestly, folks, the video alone doesn't tell us enough for us to conclude that this arrest was an outrage. But it's not fair to call those who would question the officers' tactics "bleeding heart liberals" either.
Anyway, LAPD, this is a very worthwhile blog. Once word gets out about it, it will be among the hottest around. Please don't shut it down, and please don't run down the e-mails of officers who blog here anonymously.
Posted by: Gabe | November 10, 2024 at 05:37 PM
I hadn't seen the video prior to reading all the comments on here. Now that I have reviewed it I just have one question for anyone? Since when is it acceptable to put a knee on a person's throat while that person is lying on his or her back? Since when is it acceptable for an officer to repeatedly punch a subdued person in the face? I am going to address the real issue that nobody wants to talk about! RACISM!
We live in a racist world and of course there are going to be cops in LAPD and every agency that carry their beliefs and upbringing onto the job! I work here and I interact with cops daily. There are some I love to death, they are as nice and personable as can be. Then there are those that will come into records and will not speak and have an attitude. So I can only imagine if they are like this with a coworker what they must be like on the streets towards minorities when they think nobody is watching! These incidents always seem to involve caucasian cops and minority suspects! Why is that? It's hard to imagine that it is purely coincidence. That's where I can't help but think that racist feelings are playing a role when an incident gets out of hand such as this one!
Also I have to ask wasn't it the officers responsiblity to turn the suspect over on his back and handcuff him? Surely they weren't going to handcuff him in the front. There are just too many questions and not enough visible answers!
Posted by: Ibuydrz | November 10, 2024 at 05:44 PM
Gabe,well put, this Blog is doing very well and the Department has no intention of shutting it down. Chief Bratton is well aware of its potential and frequently visits the site. To be honest, we are embarking on new territory, very few "government agencies" host a blog. As far as I know, only Boston Police Department hosts something similiar.
As for identifying an author, no such attempt has been done. Everyone, including City employees, are welcome to participate. We simply ask that they be cordial and respectful.
Over the last several months there have been some very serious discussions about various law enforcement incidents. This one included, but it seems to me there is a common theme amongst 90 percent of the bloggers, the elimination of crime.
Posted by: Lt. De La Torre | November 10, 2024 at 07:17 PM
There is many things to touch on here. First yes,police work is hard and a thankless job but I'm a little sick of hearing how hard it is,as if this is a excuse to take out your frustrations on a guy restrained on the ground with a knee on his throat. None of you knew you were going to be dealing with pilars of society when you graduated from the academy. I understand post traumatic stress and other police stess but please don't pulverize someones face because of pent up frustration. If the job is tough and this is your form of stress releif then fins another career. I'm not ungreatful as a matter of fact I'm very greatful but watching that video how can anyone defend that? So he was a violent gang member,does this mean it's okay for you to handle violence with violence,give me a break with these excuses and looking down on people to justify venting your anger and punching them in the face. Theres no excuse for that crap! Protect and serve good citizens unless there violent with criminal histories then beat the crap put of them,vent your frustrations and use them for punching bags.
Line Reserve guy,I'm a litle sick of your posts,first of all your not a real cop,so what do you know about police tactics? Second,learn to stick to the issue at hand,you sound like a child going off topic because of lack of maturity! This is not a issue of insulting "liberals" or other people your discriminating little mind can think of to trash,your a condesending,rude, angry young man who freuqents boards and loves bickering! Get a life!Have you even been accepted as a LAPD line reserve?
By the way thaks to all the "REAL" officers for protecting and serving!
Posted by: 35th | November 10, 2024 at 07:22 PM
The cop sits on the perps hips to stop him rolling and gaining a better position and to be away from kicking.
You clearly hear the cop telling the perp to let go of the cops arm which he doesn't do. The punches allowed the other cop to handcuff the hand the cops later said was closest to their guns.
The perp was a threat and the cops sorted it without shooting him like they used to. Or would people prefer we go back to that? At least then the perp couldn't whine to the media.
Posted by: Lisa | November 10, 2024 at 07:28 PM
35th, I am with another Law Enforcement Agency. I never said I was with the LAPD. As far as Reserves not being real cops, what do you base such an ignorant comment on? Just so you're more informed in the future, Reserves are real cops. We go through the same application process and have to study and pass the same learning domains and everything else the full time Cops do in their Academy. Once POST certified, we work a wide variety of assignments to include patrol, Reserves just do it for free. Seems like a pretty noble thing to me...sorry you don't see it that way. What do you do 35th that is above and beyond to give back to your community?
Posted by: Line Reserve Guy | November 10, 2024 at 07:59 PM
I ask that we all wait for a full investigation to be completed before we render judgment. This was a partial video, and while the excerpt is not pretty, it does not tell the whole story. Just as every arrestee is presumed innocent until proven guilty, we should extend the same courtesy to the officers involved.
As for the suspect's protestation that he couldn't breathe, speaking requires breathing. If he could speak, then he could breathe.
Posted by: policegirl | November 10, 2024 at 08:00 PM
LAPD Reserve Officers are held to the same standards of selection,proccessing,appointment,and academy training as the full time officers and have to conform to P.O.S.T standards as well.
Just FYI.
Posted by: lapdreservecop | November 10, 2024 at 08:10 PM
buydrz,
I am going to try and respond to your racism comment as calmly and reasonably as possible. I hope that you read this response with the same mindset.
Racism surely exists within the LAPD just as it exists within our society as a whole. It exists and is expressed from whites to blacks, blacks to whites, whites to hispanics, hispanics toward blacks....and on and on. There is not a race that is exempt from showing some sort of prejudice toward another. I have seen black cops beat on white suspects and vice versa across the rainbow in the last seven years. I know excessive force when I see it and I know racism when I see it. It is ugly and unwelcome in all cases. The question I would pose to you is: Why is race and racism only brought up when it is a white cop using force on a minority (if the term can even have an acurate representation in 21st century Los Angeles)? There are so many uses of force on a daily basis in Los Angeles that cross all cultural and race barriers. I would ask that just as viewers should wait for all the fact to judge if a particular incident had and excessive use of force so to wait for the facts to see if an incident really involves race. Just because an officer is of one color and the suspect is of another it does not mean that race was an issue. If you immediately think that it is then perhaps race is really an issue for you.
Posted by: ABC Officer | November 10, 2024 at 09:43 PM
You can try and convince anyone and everyone that this is about race. It's not. It's about behavior. The suspect could have been purple and the result would have been the same.
Posted by: citizen | November 10, 2024 at 11:07 PM
In my short 5 yrs as a police officer, I have had the oppertunity to chase down the bad guys. And as a matter of fact, I have punched several of them, for good cause. To you people out there who do not want to chase the bad guys down, don't worry about how its done, just be glad you have people out there that are not afraid to do so. And if it does not look good to you, well tough. We officers don't give a darn if you like the way it looks.
By the way, where is the rest of the video? Kind of ironic that the most important part of the video is missing. Just like Rodney King, the media only shows you what they want you to see for ratings/money. Hello, get a breath of reality.
I can't wait for John Mack and the rest of his Police Comission to get a hold of this. Another two officers on the serving plate for a political feast.
Good thing for us, the Suspect was not an African American gang member. If so, he probably would have got nominated for the Nobel Peace Prize and got off the charges.
Posted by: Disgusted American | November 10, 2024 at 11:24 PM
Never to LA. We are living in paradise!
;-$ from Germany
Posted by: hit | November 11, 2024 at 12:50 AM
It seems that some people (Mark and 35th, I'm pointing at you) are failing to understand one crucial point: the suspect was *not* in custody. You both say he was "restrained" so there was no "excuse" to continue to use force. But that's the whole point. He wasn't fully restrained, he continued to pose a serious threat to the officers' safety.
And I once again invite you to join up yourself to experience this if you think you can do better. It's easy to be an armchair critic until you've had the "pleasure" of dealing with this subject matter first hand.
Mark said: "Come into my neighborhood and try something like this on one of my family members or loved ones."
I should hope your family members and loved ones wouldn't behave like this if stopped by the police.
Posted by: New Yorker | November 11, 2024 at 04:41 AM
I fail to see this as a racial issue. That is an excuse to cloud the issue. The suspect was someone who failed to appear on a warrant. He tried to resist arrest. At the point he hasd no respect for the laws of society, he lost several of his rights. What was his previous record? What information did the officers have when the apprehended him? Once he snubbed his nose at the laws and the consequences, he lost the rights to call foul when he was apprehended. He was subdued not severely injured and what would he have done to avoid apprehension? There are consequences for our actions and perhaps it is time for people to realize that regardless of race or socioeconomic status there is a price to pay for violating the laws.
Posted by: slevin | November 11, 2024 at 05:43 AM
I believe we should all think about a "rational" person's response to police officers who are attempting to take them into custody. The RIGHT response is not, "I can't breathe," but rather, I GIVE UP!!"
I don't understand why so many people think officers get paid to fight "fair." The truth is folks... they get paid to WIN fights and go home unhurt.
If that means punching a combative gangmember in the face a few times while trying to cuff him, so be it! And don't forget, these officers reported everthing too. Not only that, but a judge saw the tape and approved of the force used by the officers. How much approval do we need folks?
A force investigation was already done, a judge rules it to be reasonable......but because some special interest types start crying about it, these officers get put on desk duty, only to be investigated again!!!
The chief of police should have simply said that this has already been deemed to be in policy and the streets are safer now as the result of their proactive police work!!
Posted by: STS | November 11, 2024 at 07:01 AM