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USANews版 - 又一老黑声称被警察殴打
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Agency: Woman pushed officer who then punched her
September 11, 2014 - 11:06 PM
By TAMI ABDOLLAH, Associated Press
LOS ANGELES (AP) — A California Highway Patrol officer videotaped
repeatedly punching a woman on the side of a Los Angeles freeway had just
pulled her from oncoming traffic and she resisted by pushing him, a patrol
investigator said.
Investigator Sean Taketa outlined the July 1 incident in a request to search
51-year-old Marlene Pinnock's medical records. The narrative in the search
warrant was made public in court documents last month and is the first
detailed account of the incident since a passing driver released cellphone
video that went viral.
Pinnock's attorney, Caree Harper, said the video doesn't align with the
investigator's account and shows her client is not resisting arrest before
she's pinned and beaten by the officer.
Multiple drivers called 911 to report Pinnock walking barefoot along the
side of the freeway.
Officer Daniel Andrew arrived and told Pinnock she could walk off or have a
ride away from the freeway, according to the warrant. She walked away
without listening to his instructions and moved partially into traffic, so
Andrew "grabbed her arm to prevent her from being struck by traffic. Ms.
Pinnock resisted by pushing the officer," the documents say.
Andrew then straddled her on the ground as Pinnock resisted by "kicking her
legs, grabbing the officer's uniform and twisting her body," the
investigator wrote. Andrew "struck her in the upper torso and head several
times with a closed right fist," the records say.
The CHP said in its initial report that the officer arrested her out of fear
for both of their safety.
Pinnock has filed suit in federal court, naming agency Commissioner Joe
Farrow, Andrew and the investigator, Taketa. She alleges civil rights
violations, excessive force, assault, battery and a violation of due-process
rights.
The Los Angeles city attorney's office declined to file charges Aug. 19
against Pinnock for resisting a peace officer due to a lack of sufficient
evidence, spokesman Rob Wilcox said.
Taketa said Pinnock suffered no signs of physical injury and refused medical
treatment. She was ultimately placed on a psychiatric hold for two weeks,
the warrant says. Harper said Pinnock had a bloody nose, black eyes, bruises
and scratches on her back.
Harper didn't provide The Associated Press with medical documentation
because she said the records from Los Angeles County-USC Medical Center,
where Pinnock was on psychiatric hold, weren't accurate or consistent in
characterizing Pinnock's injuries. One doctor examined her and found no
signs of physical trauma but another found facial swelling and ordered
ibuprofen and ice packs, Harper said.
The warrant said the Highway Patrol was conducting a criminal investigation
to determine if Andrew used excessive force and if he needlessly committed
assault in his role as an officer. The agency forwarded its investigation to
prosecutors for potentially serious charges last month.
Rep. Maxine Waters has called the incident unjustifiable police brutality
and said Andrew should be fired. She's holding a news conference Friday with
dozens of local women's groups, Pinnock and Harper to "demand justice" and
ask for updates on the investigation.
Commissioner Farrow has said he was shocked by the video and met with
community leaders multiple times since the incident. He vowed to expedite a
comprehensive investigation.
The investigator said he was seeking the medical records to determine
Pinnock's injuries and her treatment for a potential felony filing.
In an interview with the AP last month, Pinnock said she believed the
officer was trying to kill her.
"He grabbed me, he threw me down, he started beating me," she said. "I felt
like he was trying to kill me, beat me to death."
Pinnock has been diagnosed with bipolar disorder and had been off her
medication for two to three months before the altercation.
Andrew, who is on paid administrative leave, joined the Highway Patrol as a
cadet in April 2012 and became an officer six months later. An attorney
representing him did not immediately provide comment.
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