San Jose police officers caught on video using baton, Taser gun on unarmed, handcuffed suspect

[leanderj]

http://www.mercurynews.com/top-stories/ci_13635707

San Jose police officers caught on video using baton, Taser gun on suspect
By Sean Webby

A cell phone video shows San Jose police officers repeatedly using batons and a Taser gun on an unarmed San Jose State student, including at least one baton strike that appears to come after the man is handcuffed, as they took him into custody inside his home last month.

The video, made by one of the student's roommates without the knowledge of police, shows that force was used even though the suspect was on the ground, and apparently offering no physical threat to the officers. Several experts in police force said the video appears to document excessive — and possibly illegal — force by the officers. A police spokesman Friday said the department had opened a criminal investigation of the officers' conduct, after police officials viewed a copy of the recording.

The confrontation arose as Phuong Ho, a 20-year-old math major from Ho Chi Minh City, was arrested on suspicion of assaulting another of his roommates. He faces pending misdemeanor charges of exhibiting a deadly weapon and resisting arrest. Ho admits picking up a knife as he argued with a roommate. He was not armed when police arrived....

"It takes me back to the day I saw the Rodney King video on TV," said Roger Clark, a certified policing expert and a retired lieutenant with the Los Angeles Sheriff's Department, where he served for 27 years... The video shows police standing over Ho in a hallway of his house for more than two minutes. During that time, one officer strikes Ho with a metal baton more than 10 times — at times swinging it with both hands — while another officer leans in and uses his Taser gun.

Among the issues noted by the outside experts: Ho remains on the ground, moaning and crying, as he is repeatedly struck. He does not appear to offer significant resistance, suggesting the high level of force is not necessary. The officer most visible in the sequence stands for much of the time in a casual posture, at one point with his legs crossed. He seems to show no concern that the situation is potentially dangerous — raising additional questions about why force was being used. The final baton strike appears to occur after the handcuffs can be heard snapping onto Ho's wrists. That particularly troubled several outside experts. "That's a felony," said Clark...


http://www.mercurynews.com/opinion/ci_13629534

Mercury News Editorial

The worst part is the sound.

As you watch the video of San Jose police officers beating and Tasing 20-year-old Phuong Ho, the hardest thing is to hear the college student scream in pain. That and the sickening thud of batons, seen only dimly in the cell phone video but unmistakable to the ear.

It is the kind of thing you expect from rogue precincts in Los Angeles or New York. In downtown San Jose, it is stunning.

The incident calls for a swift and strong response from the Police Department, the county district attorney and political leaders, starting with Mayor Chuck Reed. This is the time for absolute transparency for law enforcement and the highest level of communication with minority communities that increasingly fear the police...