I’m going to post [THIS ARTICLE] in its entirety
Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl
It was a little before 8 at night when the breaker went out at Emily Milburn’s home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on.
As Dymond headed toward the breaker, a blue van drove up and three men jumped out rushing toward her. One of them grabbed her saying, “You’re a prostitute. You’re coming with me.”
Dymond grabbed onto a tree and started screaming, “Daddy, Daddy, Daddy.” One of the men covered her mouth. Two of the men beat her about the face and throat.
As it turned out, the three men were plain-clothed Galveston police officers who had been called to the area regarding three white prostitutes soliciting a white man and a black drug dealer.
All this is according to a lawsuit filed in Galveston federal court by Milburn against the officers. The lawsuit alleges that the officers thought Dymond, an African-American, was a hooker due to the “tight shorts” she was wearing, despite not fitting the racial description of any of the female suspects. The police went to the wrong house, two blocks away from the area of the reported illegal activity, Milburn’s attorney, Anthony Griffin, tells Hair Balls.
After the incident, Dymond was hospitalized and suffered black eyes as well as throat and ear drum injuries.
Three weeks later, according to the lawsuit, police went to Dymond’s school, where she was an honor student, and arrested her for assaulting a public servant. Griffin says the allegations stem from when Dymond fought back against the three men who were trying to take her from her home. The case went to trial, but the judge declared it a mistrial on the first day, says Griffin. The new trial is set for February.
“I think we’ll be okay,” says Griffin. “I don’t think a jury will find a 12-year-old girl guilty who’s just sitting outside her house. Any 12-year-old attacked by three men and told that she’s a prostitute is going to scream and yell for Daddy and hit back and do whatever she can. She’s scared to death.”
Since the incident more than two years ago, Dymond regularly suffers nightmares in which police officers are raping and beating her and cutting off her fingers, according to the lawsuit.
Griffin says he expects to enter mediation with the officers in early 2009 to resolve the lawsuit.
We’ve got calls in to the officers’ lawyer; we’ll let you know if we hear something.
Update: This is from the officers’ lawyer, William Helfand:
Both the daughter and the father were arrested for assaulting a peace officer. “The father basically attacked police officers as they were trying to take the daughter into custody after she ran off.”
Also, “The city has investigated the matter and found that the conduct of the police officers was appropriate under the circumstances,” Helfand says. “It’s unfortunate that sometimes police officers have to use force against people who are using force against them. And the evidence will show that both these folks violated the law and forcefully resisted arrest.”
– Chris Vogel
It’s nice to see the police protecting and serving that poor little girl. Those cops should just count themselves lucky the father didn’t have a weapon. If I saw three strange men IN STREET CLOTHES beating my 12 year old girl and trying to stuff her into a van, there would be bodies; an absolute mess. In fact I’m not sure I would react differently even if the officers were in uniform. Just because you’re wearing a cute little blue outfit and a shiny badge doesn’t mean you can beat my innocent little girl and kidnap her. I’d deal with the consequences. This is what you get when the government prosecutes vice crimes. Sure prostitution is bad but is it worse than this? Would you rather have two consenting adults doing what they’re going to do, or do you think that a few botched raids, collateral deaths, and beaten little girls are worth it?
UPDATE: Here are a few supreme court opinions on defending one’s self against an unlawful arrest by the police…
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
There ya go. Keep in mind that I’m not a lawyer. Also, if you are wrongfully arrested or assaulted by the Police and you fight back, don’t expect to get off so easily no matter what the laws say. The cops don’t have to follow their own rules like we mere mortals do.