http://www.democraticunderground.com/10026412314
A rather disturbing new photo of Martese shackled, bound and bleeding in the Police Van after his arrest.
It makes you wonder how the agents treat other people when they are not across the street from a major medical center, with a crowd of people watching.
By the way, it is not a crime to swear at a police officer.
Swearing at police officers is a stupid thing to do under any circumstances and is indicative of a lack of respect for elders and authority (and at least one cocktail under his belt). Further, a .02 (as reported in the article) is deemed legally intoxicated for anyone under the age of 21, because kids cannot drink.
This is not to say he wasn’t harshly treated, if the facts bear that out, but simply because swearing at law enforcement officers is not a crime does not justify unruly public behaviour.
If I were treated the way this student was I would have a few choice words for ABC as well. My bet is that this incident will result in a high six/low seven figure settlement and ABC will be a thing of the past.
There is actually no legal limit whatsoever to the blood alcohol content itself; there is only a legal limit to the blood alcohol level you can have and still drive (or operate heavy machinery, in some states). I can drink until I pass out with a .20, perfectly legal as long as I don’t try to drive.
Further, Virginia law provides that parents can provide their own children alcohol. Yes, really. So even a minor child can have been drinking here, legally, depending on how the alcohol was obtained and provided.
Further, swearing does NOT indicate anything whatsoever about whether someone is or has been drinking. There are some signs, such as the smell of alcohol on the breath or slurred speech, that can constitute probable cause to conduct a field sobriety test and/or order a blood draw to ascertain the blood alcohol level, in some circumstances. Swearing, however, suggests nothing more than anger/frustration, or possibly an uncouth upbringing.
Disrespecting the police can get you killed, but is not illegal.
Let’s allow the investigation to proceed before we assume anything.
I’m simply amazed that so many people think it’s okay to yell F U at police officers and have such an oppositional attitude towards those in authority. The only language in the video is toxic and suggests the “honors” student used similar language before hitting the ground. Perhaps had he said “yes sir,” none of this would have occurred.
I can’t wait until all of the facts are revealed.
I’m with @SeattleTW on this one. I raised my kids to respect authority and to keep their composure, even in the face of adversity. If he felt he was wronged, he can get justice in the courtroom. And I disagree that anyone would behave like he did wthout being under the influence of some substance.
In my opinion, you need to try harder to put yourself in this student’s shoes. Even the police/ABC should earn the respect of the communities they serve. They didn’t appear to do that in this case, Nor did they in the “pull a gun on the girl with sparkling water” case. I’m sure the student wishes he could take back the foul language, but I’m not sure how many of us could really be sure that we would respond differently in his circumstance. Given what we know (which isn’t everything) at this point, I think focusing outrage on foul language is reflects a pretty deep lack of empathy at the very least. I see from you previous posts that you are a USC person. Maybe things are different in L.A…
I would bet a huge amount of money that @robertr and @SeattleTW would both curse police officers under the right circumstances. It would be hard to be more respectful of police than I am. As I mentioned before, my did was a police officer. My best friend is a police officer. BUT…I can promise you that if the police came up to me, and I cooperated with them, only to be badly injured, I would be cursing too. BTW- Johnson did not say FU to them. He said “how the F did this happen”.
If police were visiting your office to check for undocumented workers and suddenly asked you for your id I bet you would be polite and say “yes sir, here it is”. If they then, without warning, took you to the ground, slammed their knees into you and opened a major cut on your head I bet you would start cursing.
Wrong on two counts…1) I would NEVER behave that way and 2) he did not say FU, but he repeatedly called them “F-ing racists”. My dad was an Admiral…I respect ANYONE in uniform. Also, how do you know he cooperated with them? That part isn’t on film and report says he was beligerent.
PS I accept PayPay so you can go ahead and send that “huge” amount of money. 
Sorry, meant PayPal
I’m only focusing on what I’ve seen and heard on the video, which captured the aftermath of his arrest in progress. The ABC officers are acting reasonably and aren’t saying anything unusual. I’m offended by what the student is yelling because it’s both brazen and disrespectful. I see blood too, but I’ve had a bottle hit me in a bar fight so I know how much blood flows and how much worse it appears. So, based on personal experience, been there, done that, it doesn’t look that bad to me so I discount the pics of his face. That’s why I’m not sympathetic to him, but I am empathetic though for different reasons.
Regarding the LAPD, I was also stopped by a group of officers at USC after drinking (on frat row), but I said plenty of “yes sirs” and “yes, I’m a USC student,” and they let me go peacefully.
That was decades ago but I knew even then to keep my mouth shut.
I don’t “know”. My hypothetical stated what you would do if you cooperated. The report says he was belligerent because he was (once he was on the ground). There has not been a single witness who says he was belligerent before being taken down. In fact, the only witness I have seen who has been quoted as seeing the entire incident, says Johnson was very cooperative.
Well, I’m going to take the view that, if he was cooperative, he wouldn’t have been taken down. I guess we’ll all find out soon enough.
Does that mean I have permission to test my scenario (or one like it) 
Well we definitely have two very different viewpoints on dealing with police or the quasi police. There’s a legal threshold for alcohol consumption while driving. I don’t think there’s a bottom limit to “drunk in public”. If you look intoxicated and are making a nuisance of yourself you will be arrested. As to a minor legally drinking I wouldn’t press your luck. If your minor drinks in your house and goes out drunk you will have a big problem. He will be arrested for being drunk in public and you will likely be arrested for contributing to the delinquency of a minor. Sheesh.
@appzilla - with regard to your expectations of a damage award I think you are reacting too much to the sight of blood. At this point we don’t know what actually happened. If we find out that he was hit repeatedly with a night stick then it’s more likely there would be a successful court case. If the testimony shows that he was belligerent and refusing to submit to arrest and then was taken to the ground I would expect zero damages. Virginia is a conservative state even if the Charlottesville area is liberal. I’m not sure how many jurors would have to agree on a civil award.
Sure…send in the SWAT team…I’ll be a perfect Boy Scout
I agree with you about the blood flow from head wounds. I’ve had plenty of first hand experience, too. The problem with your premise is that he had 10 stitches which proves it was more than a heavily bleeding scalp wound.
btw - I believe the Charlottesville police do have the respect of the community that they serve.
^^^
I would agree. I bet if it had been them instead of the ABC this never would have happened.