Should officer have pointed gun at car passenger for nine minutes?
Should officer have pointed gun at car passenger for nine minutes?
The Washington Post
A movie taken during a traffic stop in California is drawing debate over the officer’s decision to keep his gun pointed at the passenger for more than nine minutes.
The stop took place last Wednesday morning along U.S. Route 101, south of San Jose, after an officer noticed a car pass him going eighty five mph, according to the Campbell Police Department.
After stopping the car for speeding, the officer requested the driver’s license and extra paperwork. The driver and passenger spent several minutes looking for the paperwork before the officer walked back to his motorcycle to write a citation, police said.
It was at that point their stories diverged. According to police, the passenger began reaching “under his seat.”
“It is not clear why the passenger chose to reach under the seat since the officer was not requesting any other paperwork,” Campbell police said in a statement. “Unluckily, the passenger’s unexpected movement towards the bottom of the seat, caused the officer to perceive a threat and draw his handgun.”
However, a man sitting in the vehicle’s passenger seat – the target of the officer’s gun – maintained across the incident that he had simply been reaching for some papers on the floor to attempt to find the vehicle’s license and registration, as requested.
A movie that evidently was recorded by a woman in the car commences as the masculine passenger is voicing incredulity that the officer has pulled a gun.
“Wow,” the passenger says in the movie, laughing. “We’re looking for the f-ing paperwork, bro. Oh my God.”
“I understand that,” the officer replies. “Don’t stir, all right?”
The passenger sounds indignant as his forearms remain on his lap. “Why are you still pointing that gun at me, bro?” he asks the officer. “Why are you still pointing the gun at me, however? Record this sh-t. Why are you still pointing the gun at me, bro? My forearms are right here.”
“I understand,” the officer says.
“No, you don’t understand,” the passenger protests, as the officer tells him to relieve. “No, I’m not going to ease off. Get the f-king gun off me.”
A woman in the car asks the officer: “Is that truly necessary? His palms are both out.”
The officer says that it is necessary as he waits for backup to arrive, eliciting another round of protests from the vehicle’s passengers. For several more minutes, they remain at an impasse, with the passenger muttering periodic complaints as music plays in the background. The entire time, the officer’s gun is trained on the man.
Toward the end, the officer relays something through the radio and the passenger commences protesting again. At one point in the movie, the officer mentions that there had been a screwdriver on the floor of the car.
“Why are you attempting to make this fatter than it is, bro?” the passenger says. “We complied with everything you asked for.”
The movie lasts a little more than nine minutes total, and the officer’s gun is pointed at the masculine passenger the entire time. Police said in a statement the officer had to wait longer than usual for backup to arrive “and provide assistance in securely resolving the situation.”
“We understand that it is never a convenient position to have a gun pointed at you, regardless of whether it is a police officer,” police said. “Unluckily, the length of time that the officer’s gun was drawn lasted much longer than normal based on his location.”
Police said the traffic stop was resolved amicably.
“In the end, the officer had a conversation with the passenger of the vehicle explaining his deeds and why the gun was pointed at him,” police said. “The passenger indicated he understood why it happened and actually apologized to the officer. Both the driver and the passenger were issued citations and were permitted to leave.”
However, the movie was uploaded to Facebook last Saturday with a caption that suggested there may not have been as much understanding as police thought. (Note: The movie contains profanity.)
“CAMPBELL COP IS A B–. ” wrote a Facebook user named “Feo Mas” who identified himself as the passenger in the movie. “(He) pulled out a gun cuz I reached for paperwork he asked for.”
A week later, the movie had amassed almost two million views on Facebook, as well as ems of thousands more on YouTube. Online, a debate raged: Several people defended the police officer and said they felt the passenger should have remained quiet, while others were outraged at how long the officer had trained his gun on the passenger despite the man’s forearms being visible at all times.
Police departments are under enlargened scrutiny for violent, often fatal interactions with suspects. So far this year, five hundred ninety four people have been shot and killed by police, according to The Washington Post’s Fatal Force database. Last year, police shot and killed nine hundred sixty three people.
The Facebook user who posted the movie did not react to an interview request sent by Facebook Sunday.
The Campbell Police Department said in a statement it was aware of the movie circulating online, as well as the thousands of comments surrounding it. Police also cited an officer-involved shooting that had taken place in nearby Los Banos, California, as an example of the “unfortunate reality” that people sometimes attack police.
“As an agency, we can understand the response to the Facebook movie, and that is why we have and will proceed engaging our community,” police said. “The comments on the Facebook movie bring up a lot of different viewpoints about how the officer could have responded differently or used different tactics. Our officers receive a tremendous amount of training on a consistent basis and that training is what dictates our response. This is intended to protect our officers as well as those they come in contact with.”
Police said they had reviewed footage from the officer’s assets cam, which included the beginning and end of the incident not shown in the Facebook movie. The department did not release any footage from the officer’s camera and did not instantaneously react to an email Sunday.
“We are grateful that this incident resolved itself with no one getting injured and hope that this extra information provides clarification,” police said.
• The Washington Post’s Cleve R. Wootson Jr. contributed to this report.