The behavior of the ABC agents is outrageous.
Storm troopers? Really? I watched CNN as well but they kept repeating the same story and adding tidbits as they went along. When I watched CNN they were reporting that the student had attempted to enter the bar with his Illinois ID. The bar asked him to confirm information on the ID (zip code). He gave the wrong answer and was denied entry. It’s ironic that his ID showed his birth age as less than 21 but students will often just bluff their way in. ABC agents were waiting in the area to crack down on underage drinking. Keep in mind that Sullivan had asked the ABC to crack down on underage drinking on the Corner beginning in 2013. CNN commentators thought there was an issue with a bar asking students to confirm information on their ID. If they had done any background review of underage drinking in Virginia they should know that fake IDs are almost always OOS. Since Virginia residents are familiar with Virginia drivers licenses it is much more difficult to pass off an alteration. In contrast an OOS license can be acquired over the internet/by mail and requires only a simple insertion of your picture. It may not look the same quality as a Virginia drivers license but hey it’s another state. Bouncers will often ask the student to confirm information on the OOS drivers license. Virginia bars have been doing that for 30 years. It doesn’t catch all of the fake IDs but it keeps some kids out and protects their ABC license to sell alcohol.
It seems pretty hard to believe that the ABC agents would throw the victim to the ground and smash his head on the pavement simply for giving the wrong zip code. I’m anxious to see the “facts” when they finally come out after the investigation.
So, apparently Johnson was NOT drunk when he was arrested.
Martin is a professor of emergency medicine at the UVA Medical School
Was he charged with being intoxicated?
No. He was charged with “profane swearing or intoxication in public” and “obstruction of justice without force”.
The word “or” in that charge is the most bizarre law I have ever heard. The two are mutually exclusive.
“hi mom. I’ve been charged with murder or jaywalking”
Catch all rule. I believe Marcus Martin was repeating what he had been told by Johnson when he interviewed him. I don’t know whether the breath test showed zero alcohol or simply less than legally intoxicated. In any case, I don’t know if the results were officially reported or why Johnson’s friends allegedly reported he was drunk. Still, he was either attempting to enter the bar or he wasn’t. He was either belligerent towards the officers or he wasn’t. The ABC agents probably had cause to arrest him but could have told him to leave the area. If Johnson was belligerent towards the officers though they would opt for the arrest. He certainly was resisting arrest and belligerent on the ground. You can be arrested for curse and abuse of a police officer.
@Chris TKD It is not illegal to be belligerent toward police.
It is also not illegal to enter most “bars” in Virginia because there is no such thing as a bar. Bars are specifically against the law in VA. There are only restaurants that have a liquor license. Because of that, many places allow underage people to enter, they just don’t allow the under 21 crowd to buy alcohol. I am not sure if Trinity has that policy or not.
Finally, it is LEGAL to curse a police officer. The only time you can not curse at them is if the cursing is inciting a crowd to violence.
I’m still really struggling with the idea that the ABC officers threw the victim to the ground without any cause or provocation. They were in a very public setting and likely knew they were being filmed. Doesn’t seem likely to me.
ABC agents pulled a gun on a student who bought water at Harris Teeter. If they would do that, They might push someone to the ground with enough force for the person to receive a cut to the face.
Perhaps…the good news is that there were many witnesses so it shouldn’t be difficult to determine the facts.
.@TV4Caster "Finally, it is LEGAL to curse a police officer. The only time you can not curse at them is if the cursing is inciting a crowd to violence. "
You need to research before you making sweeping statements:
http://www.ca4.uscourts.gov/Opinions/Unpublished/092202.U.pdf
It is not free speech to single out individuals to call “racist moth*******rs.”
ABC agents were issued body cameras after their last imbroglio. I’m sure there will be answers soon.
I should add that I’m not defending the ABC agents. I am offended that they are considered “cops” or "police officers when their training and jurisdiction is limited.
If the facts are as reported they are justifiably in deep trouble. But I jumped to an opinion in the Rolling Stone rape allegation and in the future I’d rather weigh all the facts. Defendants deserve to be tried in court and not in the media.
First of all, that case did not rule on if the law was unconstitutional or not. It was based on if the officer had probable cause to arrest him.
Here are actual examples where the courts ruled that swearing at police is allowed.
http://www.sfgate.com/news/article/Swearing-at-police-is-criticism-not-crime-2891250.php
Pay particular attention to the phrase
Here is another link which cites cases where profanity was ruled constitutionally protected
http://www.firstamendmentcenter.org/profanity-the-first-amendment
And, finally, the most convincing evidence: a SCOTUS ruling on a case exactly like this one.
http://articles.latimes.com/1986-01-21/news/mn-31126_1_drunk-driver
Edited to add: I agree with you about them not having the training etc of “real” cops, and I personally don’t think they are, either. I was pointing out earlier that technically by definition they are. You will also notice in the video of the incident that they were wearing jackets with “POLICE” in huge letters on the back.
I can’t think of any reason why the the Commonwealth of Virginia needs to employed armed officers as part of ABC. In the case at the Harris Teeter there were several officers and one pulled a gun! That’s crazy! I can’t think of any circumstance where this most recent student would need to be treated the way he was. None. I feel terrible for the student. Kids shouldn’t have to behave perfectly to avoid getting brutalized by law endorsement.
It is time to retire the concept of armed ABC officers with the power of arrest.
So, appzilla, I guess you might also feel that ABC doesn’t need a $750,000 “Command Bus”?
http://hamptonroads.com/2013/07/abc-faces-scrutiny-pricey-mobile-command-unit
http://media.hamptonroads.com/cache/files/images/1145561000.jpg
Did the ABC officers pull their weapons in this case? @appzilla, we still don’t know the facts yet, but there could certainly be circumstances where the force used was necessary. Do we know for certain that the victim did not resist in any manner? Do we know for certain that he did not verbally threaten or provoke the officers in any manner? I’m not saying that he did or did not, but there are situations when force is necessary in a volatile situation. There were cameras and witnesses everywhere. The truth will come out in due course.
Sounds like Martese Johnson was not agitated and did not appear intoxicated.
@TV4caster - well, a cop would call you a street lawyer. In street vernacular there are such things as “bars” in Virginia and I guarantee you that there are ones that prohibit those under 21 from entering. Perhaps a judge would throw your arrest out for curse and abuse of a police officer. But, that would be only after you spent the night in jail. I’d rather not put myself at risk. I don’t, as a pedestrian, insist on my right of way while crossing a road in traffic. I avoid antagonizing anyone who has the authority to arrest me or shoot me. I have no idea whether Johnson was agitated before being arrested. He certainly was agitated and resisting arrest while he was on the ground.
The owner of the restaurant said they do not allow people under 21 into the business during late night hours. He said he never got to the point of closely looking at the age, because he was guessing it was a fake ID (it wasn’t). The owner had a cordial conversation with Martese, but he turned him away, and then the ABC pounced on him.