On May 26, the Vanguard reported on a Davis Police incident that began with a police response to Glacier Drive to a reported fight. The responding to the 911 call ended up with police having to use a Taser on Jerome Wren and confront Tatiana Bush who had intervened.
Mr. Wren is facing felony resisting arrest (PC 69) and now Ms. Bush, a student at UC Davis, is alleging excessive force and police brutality in an article this morning in the California Aggie.
The story become more bizarre with revelations that Ms. Bush, a fifth-year political science and sociology double major, was an ASUCD Senator in 2010 and 2011, student director for the African Diaspora Cultivating Education (ACE) and served on the Reynoso Task Force.
According to the California Aggie, Ms. Bush “said she and the male subject weren’t fighting, but rather were having an emotional discussion. She also said the DPD two-day delay of a press release on the incident is very telling of what occurred that night, as she said it contained fabrications of the truth.”
She also told the Aggie, “It was only released after Bush spoke to Davis Mayor Pro Tem Rochelle Swanson and Chancellor Linda P. B. Katehi, who pressured the police.”
For his part, Lt. Paul Doroshov of the Davis Police Department disputes this account, indicating that press releases do not come out immediately, “as they have to prepare reports and review the facts first. In addition, he said that he can’t comment further than the press release since the incident is still under investigation.”
(The Vanguard had actually learned of the incident the following day, May 24, from Lt. Doroshov who indicated at that time that a press release was in the works; it was finally received late Friday, May 25 in the evening).
According to Ms. Bush’s account, “[Jerome Wren] was trying to hug me to calm me down, but I wouldn’t let him.”
She added, “We were just standing in front of the Glacier Point office when police approached us and immediately started screaming at him to ‘come here, come here, come here.’ We were confused. As he walked toward the officer, the officer grabbed him and tried to detain him.”
The Aggie reports, “Barbara Bonaparte, a junior African American studies and human development double major and president of the UC Davis Black Student Union, is the male student’s roommate and was present during the incident. She said police gave no reasoning for the arrest.”
Ms. Bush told the Aggie that she had raised her hand and “told police he wasn’t being aggressive and that they weren’t resisting arrest.”
“They put him in the back of a police car,” she said. “Then they grabbed me by the neck and pushed me against a police car.”
Ms. Bonaparte told the Aggie “she witnessed Bush thrown against the police car, which Bush said resulted in massive bruises on her neck, jaw and wrists, along with a concussion.”
According to the Davis Police Department’s press release, police were responding to a 911 call in which the caller reported observing a male and a female in an argument and then a physical confrontation. The reporting party gave specific clothing and physical descriptions of both the male and female involved, according to Davis Police sources.
As officers arrived, they observed two people (subsequently identified as Tatiana Bush and Jerome Wren) who matched the description provided by the reporting party. Officers attempted to detain and separate the two so they could investigate.
According to the police, “Wren refused to follow the Officer’s commands and became argumentative. When the officers attempted to physically detain him, Wren resisted the officer by pushing them.”
The press release continues, “Officers wrestled with Wren and were able to restrain him, handcuff him, and place him in the back seat of a patrol car.”
During this time, the Davis Police Officers were struggling to get Mr. Wren under control. In the meantime, Ms. Bush also interfered with the police’s efforts.
“Despite numerous requests for her to keep her distance and not interfere, Tatiana Bush interfered by physically placing herself in close proximity to the struggle,” the police report.
Her efforts to intervene were so substantial that the police describe, “At one point, Bush was so close she became pinned in between the struggling officers, Wren, and a police car.”
Nor did Mr. Wren calm down once he was arrested and seated in the back of the police vehicle.
Somehow he managed, in the back seat of the patrol car, to escape from his handcuffs, kick the door open and assault one of the officers.
The obvious question here is how he managed to do that.
The police report, “Wren pushed the officer, and ultimately punched the officer in the face with his fist. After a more significant struggle than the first [time], the officers were only able to subdue Wren by using a Taser. He was subsequently transported and lodged at the Yolo County Jail.”
In the meantime, Ms. Bush was arrested and released on a citation for interfering with police officers.
The police report, “In accordance with Davis Police Department policy, a review of the force used in this incident and an internal investigation into policy compliance are already under way.”
The police have an audio recording of the incident, along with partial police video recordings.
“All information and evidence available will be analyzed by internal investigators to provide as complete a picture as possible of this incident and all of the factors contributing to its development and outcome,” they report.
However, Ms. Bush gives a different account, stating that “while the male subject was in the car he asked about where his phone was, then three officers grabbed him, throwing him to the ground outside of the car. She said he tried to stand up and four officers tackled him to the ground near the Glacier Point sign, where he was then Tasered.”
Ms. Bonaparte accused Sheriff’s Deputies at the Yolo County jail of lying “when she asked if he was in jail since she later talked to Bush who said he was in custody.”
The Aggie reports, “Bush said the officer who drove her to the Davis Police Station was shocked that none of the officers took the time to ask her and the male subject what was happening.”
“[The officer] told me: ‘This isn’t a racial thing. I have black friends. You seem like a down-to-earth kid,'” Ms. Bush told the Aggie. “The most disgusting part of all this is that there were some white kids clapping on the side of the street during the arrest. You can’t tell me this isn’t a problem in Davis. I would never expect my peers to clap during brutalization by the police.”
Mr. Wren is facing felony charges of resisting arrest under PC 69. He is also facing misdemeanor charges of assaulting a police officer.
Ms. Bush is charged with a PC 148, for interfering with the arrest.
“I can only imagine if this happened to someone who didn’t know Chancellor Katehi,” Ms. Bush told. “I’m glad this happened to me because I have the ability to do something. This is [stuff] I’d never have expected as a college student, especially after what I’ve done for this campus.”
“Police in Davis don’t communicate with us or each other,” she said. “I think it’s very telling that coming off of the Reynoso Task Force, this is the next phase. It’s disgusting how they treat African American students and I won’t stand for such things; this can’t happen again.”
Ms. Bonaparte told the Aggie that “her first encounter with police was during the Occupy protests and her impression of police in Davis was already not good. She said this recent experience was awful and her roommate has never been in any type of trouble.”
—David M. Greenwald reporting
05/26/12 – 03:19 PM
…
“The obvious question here is how he managed to do that.”
For me, the obvious question in why he did that? People who choose to physically resist police rank high on the list of “not too bright.”
Your story implies there’s a mistaken identity problem here; did the police reporting suggest that? In any case, one would think Davis officers will take more care handcuffing even if they’re having trouble with another person at the same time.
The police press release seemed to preclude that possibility. We had their side of the story. Today I have included Ms.Bush’s side of the story. I have an email into her and some others to follow up. We’ll see where this goes.
Paul Doroshov told me about this incident the day after and I asked him at that time if he would be having a press release and he said yes. That leads me to discount part of her story.
Good job Vanguard for following this story.
Ms. Bush told the Aggie. “The most disgusting part of all this is that there were some white kids clapping on the side of the street during the arrest. You can’t tell me this isn’t a problem in Davis. I would never expect my peers to clap during brutalization by the police.”
Maybe those weren’t just “white kids?” Maybe they were other college students who did not like their studies being interrupted by a couple of obnoxious neighbors who can’t control their anger, who want to air their grievances in public as if they were on a Maury Povich set, and who [i]just can’t keep it down[/i]? Maybe those “white kids” were a couple of single moms who live in the apartments who spent the previous 3 hours trying to get their babies asleep when the yelling started (and kept going), destroying all hope of a peaceful night? Maybe those “white kids” were local homeowners who live in the houses across the street from those apartments, homeowners who are sick and tired of young adults yelling and screaming in the street at all hours of the night with no regard whatsoever for the families who are trying to enjoy their evenings?
I would clap too. And it would have nothing whatsoever to do with the race of anyone involved.
[quote]“[The officer] told me: ‘This isn’t a racial thing. I have black friends. You seem like a down-to-earth kid,'” Ms. Bush told the Aggie. “The most disgusting part of all this is that there were some white kids clapping on the side of the street during the arrest. You can’t tell me this isn’t a problem in Davis. I would never expect my peers to clap during brutalization by the police.”[/quote]
Perhaps neighbors were clapping bc the noisy Ms. Bush and her boyfriend were finally being taken out of the neighborhood so the neighbors could get some sound relief. I doubt very much it was the first time these two had loud altercations for everyone to hear…
[quote]People who choose to physically resist police rank high on the list of “not too bright.” [/quote]
Spot on!
[quote]Maybe they were other college students who did not like their studies being interrupted by a couple of obnoxious neighbors who can’t control their anger, who want to air their grievances in public as if they were on a Maury Povich set, and who just can’t keep it down? [/quote]
My thoughts exactly…
“Spot on! “
Do you have any original thoughts?
BTW, under the penal code, if the rest if unlawful, the individual has the right to resist with force.
vanguard: Do you have any original thoughts?
wow, what a snotty comment directed at elaine.
back to the story: would Ms. Bush like to start telling the truth?
“wow, what a snotty comment directed at elaine. “
“back to the story: would Ms. Bush like to start telling the truth? “
I’m thinking you’re not in a position to criticize.
What evidence do you have that she’s not?
I’m thinking you’re not in a position to criticize.
and I’m thinking your’re wrong. reading between the lines: why do you think people were clapping from the arrest?
Because they were drunk and being obnoxious
“Because they were drunk and being obnoxious.”
I’m not sure if Mr. Wren and Ms. Bush were drunk, but it appears that they were being loud and obnoxious. I would clap too.
It’s just too bad that someone like MS. Bush, “especially after what [she’s] done for this campus,” would try to hide behind her race to excuse her actions. Race has nothing to do with the incident, or how it was handled by the police. It appears from both the police account as well as from her own statements that Ms. Bush lacked the common sense and decency to keep quiet and not disturb her neighbors, and that she chose to air her grievances loudly and in public in a residential neighborhood. When has this become acceptable? What does this have to do with race?
Just for the record, that person using the name “Brian” in this comment section is not me.
The person using the name “Brian” is not me either. Just so we are clear…
[quote]“Do you have any original thoughts? BTW, under the penal code, if the rest if unlawful, the individual has the right to resist with force.”[/quote]Wow, you’re in a bad mood today.
And, what evidence do you that that these arrests were “unlawful”? And, by “unlawful,” what do you mean?
This is terrible advice to be giving anybody; it’s a good way to get someone killed. Why should [u]anyone[/u] “resist with force” [u]anytime[/u]?
Please give specific examples of circumstances when a person should react by resisting “with force” to officers who are attempting to arrest them. And, how do I determine that an officer is “unlawfully” detaining me?
And what’s the point?
Wow, what a lot of pure speculation on what might have happened based on virtually no evidence.
We have some people who have decided that this couple are emotional exhibitionists. Some have decided that they have frequent loud arguments. Some one else has decided they were drunk. We have some who have decided with no knowledge of the matter at all that the call to the police was made by a complete innocent.
Does this all strike anyone but me as ridiculous.
How about if I speculate a little on the otherr side. What if the couple had barely raised their voices but were over hearedd by a white supremacist?
What if the people standing outside clapping were his or her friends and they were celebrating having gotten the couple into trouble with the police by deliberating exaggerating their complaint. What if the police were over zealous and incompetent ( as in unable to fasten handcuffs)?
Sounds a little silly doesn’t it ?
Might be a little soon to make pronouncements from my point of view.
[quote]under the penal code, if the [ar]rest is unlawful, the individual has the right to resist with force.[/quote]
Not quite so. If the arrest is merely unlawful, e.g. without probable cause, it can invalidate any search and seizure that takes place during it, but physical resistance is not permitted. The arrestee’s recourse is to challenge it in court. However, if the force used in effecting an arrest exceeds what is reasonable and necessary, e.g. is excessive, the arrestee’s right to self-defense kicks in, and the arrestee is allowed to use force against the officer’s illegal use of excessive force.
And it is never a duty of a police officer to use excessive force in effecting an arrest; if he does, he is not acting in the performance of his duties. That the officer is acting in the performance of his duties is an element of the offenses of both resisiting arrest (PC 148) and PC 69, which the DA must prove to obtain a conviction. Thus the use of excessive force itself renders the arrest unlawful and constitutes a defense to the use of force against the officer.
[quote]ERM: “Spot on! ”
DMG: Do you have any original thoughts? [/quote]
1) I expressed my thoughts very clearly before complementing someone else on theirs.
2) Do you have a problem with commenters complementing others on their good opinions? Really?
3) I like to complement those that I think have made excellent points – everyone needs a complement now and then. I find it to be very effective people skills.
4) I am at a loss as to the antagonism of your comment…
[quote]And, what evidence do you that that these arrests were “unlawful”? And, by “unlawful,” what do you mean?
This is terrible advice to be giving anybody; it’s a good way to get someone killed. Why should anyone “resist with force” anytime?
Please give specific examples of circumstances when a person should react by resisting “with force” to officers who are attempting to arrest them. And, how do I determine that an officer is “unlawfully” detaining me?
And what’s the point?[/quote]
At the risk of being criticized by dmg for not having an original thought, nevertheless spot on!
[quote]Wow, what a lot of pure speculation on what might have happened based on virtually no evidence. [/quote]
Some of us were speculating why onlookers may have clapped at the arrest of these two. It is highly unlikely onlookers would have clapped if the two were total innocents being manhandled by the police – that would have more likely resulted in some videotape via cell phone of police brutality, no? None of us knows for certain – how could we? We are just speculating based on what we have read in dmg’s article using logic. Doesn’t make any of our speculations true or not true – just an interesting exercise – that is what blogging is all about. Your surmisal (sp?) that the onlookers were possibly from a White Supremacist group is pretty far fetched, no? Whereas the surmisal that the onlookers were fed up with noisy neighbors is a much more likely scenario…
Thanks to D-fens for a more thorough and rational and correct explanation to correct dmg’s statement “under the penal code, if the [ar]rest is unlawful, the individual has the right to resist with force”. It makes no sense to encourage people to resist arrest when they think an arrest is “unlawful” – it is not a legal battle they are likely to win and is bound to get them in a whole heap of trouble…
To add to what Elaine said above, how many people, when they are in the middle of being arrested, think that the arrest is lawful? That’s why PC 148 and PC 69 exist. I do think that it is exceptionally poor advice to tell someone to resist if they think that the arrest in unlawful. From a personal safety standpoint, it’s much better to keep yourself free of pepper spray, taser darts (and possibly bullets!) and sort it out later.
“It makes no sense to encourage people to resist arrest”
Just for clarification of my position, I simply stated what I considered to be the state of the law, I did not recommend that people take any specific course of action.
Elaine
” We are just speculating based on what we have read in dmg’s article using logic. Doesn’t make any of our speculations true or not true – just an interesting exercise “
I probably would have been much more in tune with this explanation if some of the comments had not been so vitriolic, such as the suggestion that Ms. Bush “tell the truth” or the statement that they were drunk. These were forwarded as assertions, not speculation, and I felt they were egregiously pejorative.
Is it more likely that they were making too much noise than that they have landed in a hot bed of the Klan, certainly. But I do feel that there is a lack of minority tolerance in our community for which there is more denial than is warranted by the many comments with regard to its existence by the people who feel its impact. I think we do protest too much. Sorry Jeff.
“But I do feel that there is a lack of minority tolerance in our community…”
I don’t. I also don’t like the use of the term “tolerance” in this context – it makes it sound like there is something inherently wrong with being a minority, and you have to tolerate it. Sorry, but that just doesn’t sit well with me.
One thing that I do NOT tolerate, however, is the idea that it is acceptable for people to air their grievances in public, loudly and often with profanity, at any hour of the day or night. Living in a college town has its advantages, and while the vast majority of the college students living in town are exceptionally good neighbors, there are a small number of young people who have no consideration towards those of us who have made Davis our permanent home. This issue has nothing to do with “minority tolerance.”
“This issue has nothing to do with “minority tolerance.”
I agree that tolerance is a poor choice of words which I regret. However, I will stand by my statement that our community is not always as accepting of people of differing backgrounds as we like to believe that we are. And I trust that you would include a Caucasian male in a passing car yelling out to a young caucasian female that I know walking along with her boyfriend of African American background, “you can do better than him honey” as an undesirable airing of one’s feeling in public ?
Medwoman – that’s a good example of boorish, bigoted behavior. It has no place in civilized society, and certainly not in my neighborhood. However, you can’t impute the racist attitude of one idiot doing a drive-by shout-out to the rest of the folks who live in Davis as an attitude of indifference. Your earlier statement “there is a lack of minority tolerance in our community for which there is more denial than is warranted” does exactly that.
Just because a few idiots voted for clinton parish for judge, does that mean that the rest of us in the community are nincompoops, or that we tolerate idiocy in our community?
“Just because a few idiots voted for clinton parish for judge, does that mean that the rest of us in the community are nincompoops, or that we tolerate idiocy in our community?”
Of course not. But when we are not affected ourselves, or when the extreme examples of bad behavior are few and far between, I do think it becomes easy to minimize what may be going on in less dramatic ways more frequently than we would like to acknowledge. On previous threads, I have provided other examples from my own experience here in town and in my clinic, and for each example, someone has responded just as you did, “but that’s just one racist idiot”. How many single instances does it take for an environment to feel hostile, not to those of us in the unaffected majority, but to a member of the minority group?
I would like to provide an example of how minority status can feel even when one is not being discriminated against. Until I worked as a public health officer on a reservation in Arizona, I had only had the experience of being in the racial majority in the communities in which I had lived.
At the Indian Health Service hospital where I was assigned there were 8 Caucasian doctors, a few nurses and a pharmacist . The remainder of the hospital staff, the town in which the hospital was located, and the rural surrounding community we served were entirely Native American.
We were treated with remarkable deference. This went well beyond respect for our careers or for the service we were providing. The same deferential attitude was there even befor we had been introduced so that people knew who we were. It became clear to all of us, that the difference in our treatment was due to our visible difference, in this case, our ethnic background. In this case, the difference in treatment was an advantage because there was a lot of alcohol related violence in the group I worked with, but never an assault on a Caucasian. While this definitely ensured our physical safety, one thing I learned is that being instantaneously identified as an outsider is not a comfortable experience
even if it means receiving better treatment . This experience was an eye opener for me in terms of minority perception. The absence of overt hostility does not mean that there is not a difference in attitude which is clearly perceptible to the member of the minority.
I do not say this to cast any blame on anyone. My reason for writing is to put forward the idea that differential treatment of a minority, while frequently invisible to the majority, is clearly perceptible to the minority.