Out of control cop threatens to execute concealed firearms permit holder

[-..__...]

To protect and to serve....

Hello everyone. Been awhile since I've posted. I guess the good news is concealed carry seems to have gotten "normal." There just don't seem to be as many exciting issues anymore.

I am representing someone in a failure to notify case. It is an ongoing legal case, so I dont want to post too much here right now. I watched the video today, and it verified an almost unbelievable story my client told me. To make this real brief - my client was stopped. Tried to notify, but was told by one officer to shut up. Another officer came to the driver's side door, and again my client tried to notify. You can hear him in the video say "I've got . . ." before he his cut off with a profanity laced tirade, and demand for his driver's license. My clent hands the officer his license, tries to notify again while holding his CHL in his hand. The officer says "What? What are you waving around that you want me to see?" He takes it, looks at it, while my client says "I'm trying to tell you . . ." The officer asks, "do you have a gun? My guy says "Yes" and then is pushed against his vehicle while the officer takes the gun from my client's waistband holster. The total time from the officer approaching the car door to being told he has a gun was 55 seconds.

It gets worse from there. The officer tells my guy that "I should blast you right in the mouth." "I'm close to caving in your head." "You are a stupid human being." "How would you like it if I pull mine and stick it to your head." When speaking to another officer, he says "I hate these expletive deleted - Jake with their gd permits." And, again, later tells my client "I should have taken 2 steps back, put 10 rounds in your expletive deleted - Jake, and left you lying there. I should have executed you, and I'd go home and sleep good tonight."


Internal affairs was notified. I am having a difficult time conveying the intensity involved. This was bad, really bad scene.

Sorry I can't say more right now. Be careful out there!!

Edit to add one more bit of information. My client was stopped in his motor vehicle at the time. He was in a no parking zone. This was not the result of a high speed chase or anything like that.

http://ohioccwforums.org/viewtopic.php?f=6&t=53994

Video...

http://www.youtube.com/watch?v=kassP7zI0qc&feature=player_embedded

[Occulus]

1. "I should have executed you, and I'd go home and sleep good tonight."

I said it on another thread recently and DU's Authoritarian Fuckwad Brigade tried to shut me up. Thus, I will say it again, louder this time:

Police from coast to coast in America are completely- completely- out of control and we need to jerk their collective leashes up tight, now, before it is too late.

[BryanDavis]

38. Jack-booted thugs

I said it on another thread recently and DU's Authoritarian Fuckwad Brigade tried to shut me up. Thus, I will say it again, louder this time:

Police from coast to coast in America are completely- completely- out of control and we need to jerk their collective leashes up tight, now, before it is too late.

Agreed. Look at NCIS, CSI, Flashpoint, the media has created this idea that cops are cool for bashing in doors and searching houses without warrants. "Bending" rules to get the "scum" off the streets.

I'm not sure exactly where the trend of thugs-in-uniform being cops started but it needs to stop.

[BeFree]

2. That's awful

But he might have been a teabagger?

And had McCain-Palin 2008. or a W bumper sticker?

[EOTE]

3. And what if he did? NT

[BeFree]

4. He did?

Hell, I see that shit and it pisses me off. Cops are humans, too, ya know.

[Gold Metal Flake]

8. Maybe you can be a character wittness for the cops in the upcomming trial.

[BeFree]

10. Nope

What makes you say that?

[Gold Metal Flake]

20. They need your help.

[EOTE]

12. I asked what if he did.

If a cop is going to go off on someone because of a bumper sticker they have, they shouldn't be a cop.

[SteveM]

26. That's culture war.

[Edweird]

5. The cop most likely ran the tag before approaching the car and therefore KNEW he was a permit holder

before a word was said.

[Ikonoklast]

11. Uh, no. Doesn't work that way.

[archiemo]

17. Sure does in Kansas!

[Ikonoklast]

19. Only if the vehicle is registered to the driver.

If he was driving, say, a rental, his wife's car, a company vehicle, there is no way of knowing even who the driver is by running the plates.

[Hassin Bin Sober]

21. Doesn't work what way. Some states notify the officer. The video says the ...

... dispatcher eventually got around to notifying the officer.

The cop was sloppy. He spent 5 minutes messing with, what he assumed, were petty criminals. All the while ignoring a driver that turned out to be (legally) armed.

[X_Digger]

24. Actually, it does, in OH.

You can hear the dispatcher mention the CHL later in the video. Whether or not the notification came with the first running of the plates is unclear.

In OH, it's tied to your SSN. So any vehicle registered in your name, or with your joint ownership will pop up that you have a CHL.

[SteveM]

28. Respectfully, I'm afraid it does...

In almost all states with concealed-carry laws, no one has access to the data -- except LEOs. MSM is licking their chops to get at that data; I mean, they just gots to out CCW-holders, hold them up to neighbor ridicule; hold 'em up to da thug who can use a state-provided, media-delivered road map for the next house to invade.

Research as to crime trends by revealing CCW data be damned.

[Lurks Often]

22. Not necessarily

it varies from state to state as to whether the CCW data base is linked to the driver's license data base.


Regardless, at the very least, the cop should be fired and never be allowed to work in law enforcement ever again.

However I suspect he'll get protected by the police union and forced to take "anger management" counseling or some other thing as a sop to the general public.

[virginia mountainman]

6. I expect the city, and PD, will be cutting a rather nice check soon.

That cop needs to find a new job as he does not have the temperament to be a police officer, this goes far beyond simple "retraining".

[Name removed]

7. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Gold Metal Flake]

9. Yes, it's exactly the same thing!

[Name removed]

13. Deleted message

Message removed by moderator. Click here to review the message board rules.

[SteveM]

29. Actually, pro-2A folks say the same thing and go further...

Those who EXERCISE their "temperaments," should be held accountable. We know the temperament of this cop because he ACTED on it.

[X_Digger]

25. The city offered to drop the charges in exchange for indemnification from further lawsuits.

The guy (and counsel) declined.

The city knows that Officer "Knuckles" fucked up big time, and are trying to quietly sweep this under the rug.

[SteveM]

30. Usual cover-your-ass first offer, and the usual proper rejection. nt

[Dappleganger]

14. If the driver had been black he'd be dead.

He's lucky he was driving while white.

That kind of shit makes me so sick, it's why I hate cops so much. Good cops are RARE these days and they stay silent too often for fear of the thin blue line.

[SteveM]

31. Really?

There's nothing like a safe whiteboy to take your aggressions out on; I mean, if the guy was black, what do you think the odds would be he would have said all those things, complete with racial remarks?

Last month, I looked down the wrong end of a cop's AR 15 because some texter objected to my honking at him when he zombied-out in his car at a green light. The cop cooled off when he got some info from the dispatcher -- that I wasn't a CCW-holder. Still, "Get away from the van!," Hands up!," "Walk this way!," "Hands on the hood!"

Race doesn't explain everything.

[Fuzz]

15. Someone needs a time out from the police force, a permanent one.

Jesus Christ on a pogo stick!

[DissedByBush]

54. Someone needs a time out from society, period n/t

[Commie Pinko Dirtbag]

16. Eighth.

[Commie Pinko Dirtbag]

32. Ah, proper place now. Thanks.

[Warren Stupidity]

18. that is f'd up.

[Imagevision]

23. I'm surprised the cops didn't taser him for the sake of just doing it///

[MicaelS]

27. Original OCC thread locked

New thread since video has been posted. http://ohioccwforums.org/viewtopic.php?f=2&t=54153

You want to do something concrete, you can donate to the Canton PD Incident Legal Defense Fund in $1 increments via Paypal. I just donated $5.

http://secure.ohioccw.org/store/p/114-Canton-PD-Incident-Legal-Defense-Fund.aspx

[X_Digger]

33. Canton PD responds..

"I want to assure our citizens that the behavior, as demonstrated in this video, is wholly unacceptable and in complete contradiction to the professional standards we demand of our officers. As such, appropriate steps were placed in motion as dictated by our standards, policies and contractual obligations. Those steps included: The officer immediately being relieved of all duty. The incident has been referred to the Internal Affairs Bureau for what will be a complete and thorough investigation. As bad as the video indicates our officer's actions were, there is a due process procedure to follow. That process is designed in the best interest of both our employees and the citizens at large. That process will be followed in this case as in all others. Anyone shown to be in violation of our rules and regulations will be help appropriately responsible as dictated by all the facts. ~Chief Dean McKimm"

http://www.facebook.com/notes/canton-police-department-ohio/dash-cam-video/207621069290829

eta: LOL! Their facebook is down..

See here.. http://www.facebook.com/pages/Canton-Police-Department-Dash-Cam-Video/130943676993871

[AtheistCrusader]

49. You know, that is about the best/most honest statement I've ever seen from a PD.

They basically just said, 'hey, we're getting rid of this asshole' but reminded that there is a process. Officers are union, and they cannot just be dismissed for something like this.

I'd be shocked if the union stood up for this clown, so there are few barriers to his exit.

[X_Digger]

34. Another local link..

http://www.cantonrep.com/topstories/x121489646/Canton-officer-under-investigation-after-concealed-carry-arrest

CANTON — Canton police are investigating an officer for his conduct during a traffic stop in June involving a concealed carry permit holder.
...
The officer on the video, Daniel Harless, was placed on administrative leave in June and has been on sick leave since Monday, McKimm said.

The results of the investigation will be presented at a disciplinary hearing, the chief said.

“The city administration, in conjunction with the police department, recognizes the seriousness of this matter,” McKimm said.

[Euromutt]

35. I hear the Canton police have been sore ever since they failed...

... to intervene when Jayne Cobb strapped on his hat, and in five seconds flat, stole everything Boss Higgins had to steal.

[X_Digger]

36. +1 for obscure firefly reference :)

[Hoopla Phil]

37. +2 for the Hero of Canton!

[PavePusher]

39. Ha!

:rofl:

[Marengo]

46. Especially since they were hoping to acquire Vera for the PD arsenal N/T

[AtheistCrusader]

50. Nice...

[X_Digger]

40. Case dismissed (against the driver for 'failure to notify').

From an observer in the courtroom via facebook-

"DISMISSED he only pays $150 in court costs for the traffic violation AND the search in the back seat was deemed illegal."

[We_Have_A_Problem]

41. As it should be.

The traffic violation was legitimate and he should be held accountable. Everything else? Should have been tossed. Hope he sues the snot out of the cops.

[Hoopla Phil]

42. And now it's time for him to seek justice the only way he can.

Through our civil court system. Because I seriously doubt that the cops will be charged for their criminal conduct.

[pipoman]

43. His last name isn't Bryan is it?

I had a very similar incident around 15 years ago. Cost a small town 5 figures, and the chief of police in the small town his job.

[RSillsbee]

44. Cop's name was Daniel Harless NT

[Hoopla Phil]

45. His name was Daniel Harless and he didn't even show up for the trial.

I repeat, the prosecution did NOT put him on the stand as a witness. His partner testified, and contradicted his written report. It has also been posted that Harless' partner is currently being trained for K-9 duty. Perhaps Harless will not be returning to duty. . .

[pipoman]

47. Sounds very much like my case..

My incident happened prior to shall issue cc in my state. The only people at the time who could carry concealed were police and state licensed investigators with a special permit issued by the state attorney general. I had the latter permit. I and my wife were on a surveillance (she didn't have a carry permit, just a detectives license, she was not carrying) and a neighbor reported us as suspicious. State statute had/has no responsibility to report our activities to law enforcement or anyone else. Statute also required law enforcement to verify licensure, then leave the area with as little visibility as possible. Two officers approached our vehicle on each side. The chief was on the drivers side (my wife) and another officer was on my side. We saw them coming so we had our detectives licenses and drivers licenses ready and handed them to the officers. My license clearly stated my permit to carry. The officer on my side told the chief I had a permit. The chief became immediately furious and asked me if I had a firearm. I said I did. He drew his weapon and called me out of the car which I did. He put me over the hood of the car struck me in the head with his flashlight disarmed me, handcuffed me, and put me in his car. He took me to his office and told me he was charging me with "impairing police duty", which was a complete joke. He called the city attorney who told him not to pursue charges, he insisted. The city attorney told him if he must arrest to release me on an OR bond. I requested medical assistance. The chief put me in the back of his car handcuffed, on a plastic seat liner and made a series of erratic moves with the car to beat me up a little more sliding around the back seat. He took me to the hospital, I was treated and released. He then took me to the county jail for booking. A couple hours later I was released on an OR.

The next day I reported to municipal court with 2 of my client lawyers, both very well known and prestigious. The judge called the chief to the bench and asked him if he was sure he wanted to maintain the charges, he did. The judge then ordered him to return my permit and my weapon, he argued, the judge insisted. He returned my property by throwing it at me in his office. One week later the chief was no longer employed by the city and I received a summons to appear. The judge called the second officer and asked him if he wished to maintain the charge, he declined and the judge dismissed. I filed suit against the chief and the city in Federal Court for civil rights violations, ultimately settling out of court for 5 figures.

[Hoopla Phil]

51. Thanks for sharing your story. I is truly a shame that those that

are supposed to "serve and protect" fail to do either. And worse yet, when they violate the law the only recourse left to us "little people" is through the civil process.

[pipoman]

53. Civil process is often not an option against government and municipalities

In the private sector businesses, and a lot of independent contractors have to buy 'errors and omissions'/malpractice insurance to assist with civil actions based on errors or omissions in professional services. When taking action against the government, you will find various statutory roadblocks legislated, ostensibly, as protection of the majority of taxpayers against "frivolous law suits".

I failed to mention in my first post, over the years I have delt with literally thousands of police officers. Only on a few occasions did the police not make the right call. Sometimes it required moving up the chain of command, but ultimately, whether the street verdict fell in my favor or the adversarial party's, the police made the right decision and acted professionally. Of those few occasions, the street verdict favored me about as often as it favored the adversarial party in the incident.

[burf]

48. Can Harless be personally sued

for his actions during the incident? If so, it's no wonder he is laying low.

[Hoopla Phil]

52. Normally police are protected from civil liability. In extreme cases their civil

immunity can be severed if asked for.

On edit. Here is an example of an extreme case where the officer lost his immunity.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/07/BADU1LRQ0A.DTL

[Hoopla Phil]

55. Some links about the case being dismissed.

First a news article about it:
http://www.cantonrep.com/carousel/x76455408/Citizen-in-Harless-video-gets-his-day-in-court

And for some behind the scenes information a link to the Ohioans For Concealed Carry forum that discussed the trial. The lawyer for the defense is even posting there. Lots of good info

http://ohioccwforums.org/viewtopic.php?f=2&t=56449&start=105