As Brendan pointed out earlier, one of the most interesting questions at last night's off-the-hook drone forum was a very simple one: "Do we get to choose?"
Meaning: Do the people of Seattle get to have any say in whether—and how—police drones will be used in this city?
The answer from the police was that they're listening to community feedback, but that they're also going ahead with program, using guidelines for drone use that they've already developed and feel comfortable with. That is, unless the Seattle city council or the mayor tell them different. (The mayor, since he's ultimately in charge of the police department, could do this through an order. The council could do this through an ordinance.)
What does Mayor Mike McGinn think about all the drone anxiety? His spokesman, Aaron Pickus, says:
Unmanned aerial vehicles can be a helpful tool for our police force in difficult situations, like dealing with an armed standoff, helping find a kidnapped child or assisting in a man hunt. We have heard concerns about their use. We believe that a clear City policy, informed by concerns heard from the community and codified by ordinance, will support the use of unmanned aerial vehicles in a way that protects public safety, protects officer safety, and respects legitimate privacy concerns.
I read that as a mayoral endorsement of the idea that no drones will be used in Seattle until the Seattle City Council puts forward a law that describes what drones should—and should not—be doing.
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Barnes and a group of friends were leaving the War Room, a bar on Capitol Hill, shortly after midnight on April 13, 2005. Outside was Seattle Police Sgt. Greg Sackman, who was on patrol there. A bouncer said he seemed "agitated" and had positioned himself directly in front of the door so people would have to walk around him as they left.
The bouncer, Tim Rhodes, later said one of Alley-Barnes' friends apparently threw a piece of paper or straw into the gutter. When the officer pointed it out to him, the friend picked it up and apologized, Rhodes said in a court deposition.
Sackman decided to detain the man, according to police reports and other court documents. It was then that Alley-Barnes went up to Sackman and complained that he was harassing his friend because the friend was black, according to several witnesses.
Sackman, in his report, said he felt threatened and called for "fast backup," meaning all officers in the area were to respond to an officer in trouble.
During this dispatch, Alley-Barnes can be heard in the background discussing "the civil rights of colored people," according to dispatch tapes and court documents.
The first officer to arrive was Brian Hunt. Sackman told Hunt to arrest Alley-Barnes, even though Alley-Barnes was walking away, Hunt later testified.
Sam Pailca, then-director of the OPA, concluded in her report that Sackman knew that Alley-Barnes had "made no threatening, hostile or aggressive moves." Pailca stated she "doubted [Alley-Barnes'] verbal challenges amounted to obstruction."
Pailca later explained in a deposition that citizens can misunderstand officer safety issues. "So officers may perceive a risk whereas many average citizens may not and certainly don't see what they're doing as interfering," she said.
Hunt grabbed Alley-Barnes in what the officer described as a wrestling maneuver called a "groin pick," where he hoisted the man by his scrotum onto the hood of a police car. Alley-Barnes later said he struggled because he was in pain. Other officers arrived, including Kevin Jones, who later said he hit Alley-Barnes as hard as he could twice in the face.
In all, reports show four officers took Alley-Barnes to the ground. According to Hunt's testimony at the criminal trial and other witnesses, Hunt kicked him several times in the head and torso while the others were holding him by his arms and legs. Later, when officers were leading the bloodied Alley-Barnes away, one can be heard on the dashboard-camera video telling him "it's because you're all mouth."
After his arrest and while he was in handcuffs at the East Precinct, Alley-Barnes later said, one of the officers smashed his face into a wall. Forensic tests found traces of blood on the wall.
One bystander who was taking photos of the Alley-Barnes arrest with his cellphone was pepper-sprayed and his phone confiscated, according to court documents.
The OPA spent nearly five months investigating the case. OPA Capt. Neil Low recommended that Sackman be disciplined for failing to perform his duties as a supervisor. He recommended Hunt be counseled by his supervisor for his use of force. Low recommended that the other two officers be exonerated.
But then-OPA Director Pailca took issue with Low's analysis of the incident. She not only found Sackman liable, but recommended to the chief that both Hunt and Jones be disciplined for excessive use of force.
Even though Hunt was directed to arrest Alley-Barnes by Sackman, "I do ... not think he is absolved of responsibility for his part in escalating the incident and his use of force was excessive," she wrote. The so-called "groin pick" was likely to result in "unnecessary pain and injury," she continued.
"In addition, though other officers were present and [Alley-Barnes] was prone, face down and not actively resisting, Hunt kicked ... from a standing position," Pailca wrote.
Likewise, Jones used excessive force when he punched Alley-Barnes "several times in the face," she concluded.
Pailca reserved her most stinging criticism for Sackman, who she said knew Alley-Barnes was not a threat and failed to communicate that to the other officers.
Kerlikowske did not take Pailca's suggestions: He exonerated Jones and Hunt of any wrongdoing. What his plans were for Sackman are not known, because the chief didn't impose discipline on the sergeant within the 180-day deadline outlined in the Seattle Police Officers' Guild contract.
A surveillance video of that arrest revealed inaccuracies in officers' reports that led the OPA's auditor to conclude they lied. Criminal charges against the drug dealer were dropped.
In the Alley-Barnes arrest on Capitol Hill, a patrol-car dashboard camera captured audio but not video. The audio revealed inconsistencies in the officers' accounts, according to court records.
Blows can be heard. A woman can be heard saying, "Oh my God!"
At one point, the 29-year-old Alley-Barnes -- an artist with no criminal record -- pleads with the officers to "please stop kicking me!"
Another voice can be heard saying, "That's way too much!"
The charges against Alley-Barnes were dismissed because the city failed to turn over the video to defense attorneys, according to court and police internal-affairs documents.
In dismissing the case, Municipal Court Judge Jean Rietschel found statements on the tape "impeach the officers' statements" because "there's nothing on the video about the alleged commands that each of the officers said were said to Mr. Alley-Barnes" -- including telling him to put his hands behind his back.
What the tape does reveal, the judge said, are "a number of very inflammatory statements made by police" about "arresting a black" and about Alley-Barnes getting in trouble because of his big mouth.
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