Video: Police Brutality Or A Normal Arrest?

Chabadniks are complaining the arrest (please see the video posted below) of a homeless man sleeping in the Aliyah Center for "at risk" "troubled" youth in Crown Heights is police brutality. But is it?

I don't think so.

The man, Ehud HaLevi, clearly resists arrest and tries to "chestbutt" an officer. (You'll see that in the video posted below.)

Crown Heights dot info reports that HaLevi had permission to be sleeping there and had been doing so for more than a month. They also report that it is unclear who called police.

I see what appears to be a private security guard in the video, and he appears to be the one telling police that HaLevi is not allowed to be there.

This is how Crown Heights dot info describes the incident. HaLevi tells police he has permission to sleep there and offers to prove it. Then:

…When he resisted arrest, the male officer flew into a rage and began to beat the defenseless man. As can be seen in the video below, the officer assumed a boxing stance and then lurched towards his victim, pummeling him from all sides.

Over the next couple of minutes the man is also pepper-sprayed and beaten with a truncheon by the female officer, all while posing no threat to the officers’ well-being whatsoever.

After a good two minutes of sadistic thrashing, the officers are joined by a squadron of their peers, and successfully put him in handcuffs and under arrest.

…the man is being charged with assault on a police officer(!) - a felony - which can bring a sentence of 5 years in prison upon conviction.

He is also facing four Misdemeanor charges and four violations, including trespassing, resisting arrest and harassment.

He has been released on bail.

Unfortunately for HaLevi, the minute a person fails to heed a command from a police officer he become a much greater risk for police. When resistance escalates to refusing to handcuffed and acting in a belligerent and threatening manner, police almost always use force to detain the person.

If HaLevi had allowed himself to handcuffed immediately, or if had done so immediately after being struck by the male officer, and police had continued to strike him, then the force used from the point HaLevi submitted onward could easily be judged to be excessive.

The problem is, that is not what HaLevi did.

I've made this point before but I'll make it again now: The law does not work the way Chabad hasidim and many other haredim persist in thinking it does.

Police do not have the luxury of viewing a man like HaLevi as benign. In fact, they are trained to view someone like HaLevi as a potential threat, and when that potential threat resists in the way HaLevi did, they are trained to view him as a real danger – and that is exactly what they did.

It doesn't matter whether Halevi had permission to sleep there or not.

All that matters is whether HaLevi resisted arrest or not.

And as you can see from the video, unfortunately for HaLevi, he most certainly did:

 

Past that point, there is a much larger point I've made many times before: The lack of housing for homeless men and women between the ages of 18 and 62.

The Jewish community – including Chabad and haredim as well as Modern Orthodox and non-Orthodox – has no housing for adults who are not disabled or seniors.

The public shelters run by the city are often dangerous hell holes.

There are several hundred young Jewish adults who were born in haredi families who are now homeless in NYC.

Many were thrown out of their family homes as minors because they came out as gay or because they decided not to be religious.

Many others fled physical and sexual abuse.

The Jewish community has almost no services for kids like this when they are still minors and none when they become adults.

I don't know Ehud HaLevi's story, but he should not have needed to sleep in the Aliyah Center – he should have had safe temporary, semi-permanent or permanent housing to go to.

He doesn't because we as a community do not take care of our own. We also don't take care of those who are not technically our own and we don't even give much financial support to Covenant House and the other non-Jewish charities that help young homeless adults and teens.

The Federation refuses to fund housing. The Met Council says it has tried to raise money for a shelter for these kids but failed, in part because the Federation refused to help.

Haredi communities and Chabad have for years denied this problem exists and have done nothing credible to alleviate it.

Perhaps the arrest of Ehud HaLevi will finally cause change.

Update 10:12 am CDT – Despite claims made by Crown Heights activist Barry Sugar and State Assemblyman Dov Hikind, what happened at the Aliyah center matches the account I told based on the Crown Heights dot info post.

The Daily News reports:

Cops showed up at the Aliya Institute on E. New York Ave. in Crown Heights on the evening of Oct. 8 after receiving a call about a fight between two men, a community source told the Daily News.

But Zlamy Trappler, 24, a volunteer security guard at the center, said he called cops because he found the shirtless man drunk and sleeping in the lounge of the center, which provides services to young Jewish adults.…

[The video shows that as] Halevi gets to his feet, Trappler comes in, and Halevi appears to have a heated exchange with the cops and Trappler, who leaves. The exchange between Halevi and the officers intensifies, with the male cop removing a pair of handcuffs, the video shows. Halevi pushes the male officer's hands away from his body, the video shows.

The officer then charges Halevi, the video shows, punching him in the face, while the female officer appears to pepper-spray him and beats him with what appears to be a truncheon.…

"I regret making the call. I should have let him sleep. It spiraled out of control," said Trappler.

Sara Feiglin, wife of Rabbi Moshe Feiglin, who runs the youth center, confirmed the account given by CrownHeights.info. The rabbi did not respond to a request for comment.

What was the night of October 8?

It was the end of Simchat Torah, the Jewish holiday celebrated in Chabad – especially in Crown Heights – with widepread drunkeness.

Police responded to a call about two men fighting in the center, and another call from the center's security guard about a drunk man sleeping in the center's lounge.

When they confronted HaLevi he resisted them – probably because he was, in fact, drunk (or very hung over).

In a situation like that, police have no way to know if the suspect is on drugs like PCP, if he's armed, etc.

HaLevi resisted and police did what they had to.

They have done it less artfully than they should have, but what they did was still legal and required for their own safety.

Comments

[dh]

Why do you think police protocol with the homeless immediately establishes them as a threat? Where I am they are putting police on trial for the results of immediately viewing homeless as threats.

[Shmarya]

Any person who refuses a police command is immediately viewed as a potential threat.

That's how all police are trained.

[Mike S.]

"Any person who refuses a police command is immediately viewed as a potential threat.
That's how all police are trained."

yes, but this glosses over the fact that some 'commands' are not in fact lawful and thus can be legally ignored w/o justifying detainment or use of force.

An officer can demand that I empty my pockets, I can decline to comply. I'd be completely w/in my rights in so doing, and thus could not - under the law - be subjected to any sanction or punishment. Moreover, what reasonable person would believe that declining to comply with that command constituted a threat?
That exact scenario plays out multiple times a day, every day, in NYC.

So much for their training, it's rooted in authoritarian brutality.

[Crusty]

The police are supposed to protect us, not beat us into submission.

[Shmarya]

Posted by: Mike S. | October 15, 2012 at 04:14 AM

You're wrong.

A cop confronting a suspect can legally ask that suspect to lie down on the ground or kneel, to raise his hands above his head or place them behind his back, or to lean against a building or car and spread his legs.

There are certain minimal things a cop can't legally ask a suspect to do. None of those things happened in this video.

And I'm fairly certain that the second your confronted with an uncertain situation like those cops were, your reaction will be equally or even more violent – unless you don't think you have a chance to win any fight. In the latter case, you'll run away. Cops can't usually do that.

[Shalom]

He did not actually punch the officer, and it was clear that he was not trying to assault the officer, he was merely trying to avoid being handcuffed. There are many if not most people who aren't aware that they have to comply with every officers command according to law, especially when they know they aren't doing anything illegal at the moment, and officers should have a sensitivity to this very real scenario. And especially in this guys case, when he's probably half awake after having been startled in his sleep by these cops. They could have pulled out pepper spray and warned the man that if he did not comply he would get sprayed. Shmarya, he did not deserve this pummeleing.

[alan]

I usually agree with the posts on this site but this is not one of them. The officer over extended his legal authority by (see 1:21-1:25) commencing what appears to be his enjoyable "punching bag" punching of the guy. There was no threat that justified the officer's boxing mode. This youth was roused out of sleep and harassed. The police could have forced him physically - 2 officers cannot grab him and push him out? If you non violently resist arrest you get punched out? If he defended himself they would have shot him. There is no defense to this pummeling. What is not clearly seen is the minute or so where both officers were on top of him and appear to be hurting the guy while he is down.

[Simpsons fan]

I thought the purpose of the Aliyah Center was to assist at-risk and off-the-derech youths in the Chabad community. No, it is not an overnight shelter, but it offers other services.

[effie]

He's a big guy who resisted arrest. There was no excessive force used. Police are allowed to use pain compliance. Being struck didn't even seem to phase this guy in that he continued to resist for a long time.

[TheRealJoe]

Seriously Shmaya. Had the cops been doing this to anyone but a Chabadnik you wouldn't be posting the way you did.

1) crownheights.info isn't reporting the story straight for political reasons.

2) this isn't a private security guard only another youth that hangs out there that decided to call the cops for whatever reason.

3) HE WAS NOT TRESPASSING.

4) the entire world is calling this police brutality, including big reporters on their twitter etc. Yet your hate for Chabad and Crown Heights is just to strong to admit that a wrong was committed by the same NYPD, that's gonna be in court today defending STOP & FRISK.

[zibble]

No excessive force? Did you WATCH this video? Gimmebreak.

[WoolSilkCotton]

Chabad recruits a lot of young men for their cult. Unfortunately, men susceptible to such persuasion are often troubled psychologically, or have alcohol or substance abuse issues. Chabad has no ability to deal with this. Rabbis and pseudorabbis have no professional skills in dealing with troubled young men like this, although the frumma seem to think Toyrah equips them to deal with this.

'At risk' usually means 'at risk for not being frum'.
Scenes of mentally troubled people acting out in BT pseudoyeshivas like Morristown are all too common.
So why weren't shomrim called? Oh yeah, Shomrim only help frumma, especially if the crime involves frum on frum and they need to cover it up, or if the crime is nonJew on frum. In this case, the actor is not frum, and no frumma are being attacked, so shomrim don't care.

[WoolSilkCotton]

I agree with effie 6:45.

Crownheights.info routinely bashes the NYPD.

[WoolSilkCotton]

What exactly is a "normal" arrest?

I've seen a few arrests over the years, and I've been arrested once.

It is never a pleasant scene, and rarely do suspects cooperate (I did, after some back and forth shouting, and mercifully I was not pepper sprayed). Usually the cops have to physically grab you, hit you, and make you go down to the ground, and then they handcuff you, and the suspect still struggles to try to injure the cops and get away.

[Isaac]

Can we be objective? No, because we do not have all the evidence. We are only witness to a video. We do not have the sound and we do not have the evidence from the witnesses. But, based on the video, alone, the man seems to be resisting arrest. Police officer takes a most unusual stance, boxing stance. Should we assume that this is in response to the body language of the half naked man? I don't think that a boxing stance is the way to make an arrest. What ensued leads me to believe that this is police brutality. Do consider the ramifications of the officer's actions. Look at the melee. What if a gun was taken from the officer's holster and fired? Yes, the man could have gone with the officer and settled this afterwards but he obviously felt that he had a right to be there.

[Jon]

The boxing stance says it all. This is outrageous misconduct. The victim was completely non violent - they should have grabbed him and cuffed him or waited for 4 or 5 officers to arrive (as they did a few minutes afterward). But the officer's conduct was illegal and indefensible as the youth posed no physical threat. The NYPD cop was also pretty weak. After sucker punching the guy and the 2 cops were hitting/hurting him he gets up unscathed. I think if he punched back he would have kicked the 2 cops' asses. Of course if he raised his fists the cops would have shot him on the spot.

[Jeff]

Chabad has no ability to deal with this. Rabbis and pseudorabbis have no professional skills in dealing with troubled young men like this, although the frumma seem to think Toyrah equips them to deal with this.

'At risk' usually means 'at risk for not being frum'.

Agree completely. I've made a similar complaint; there's no intake process for recruits. No one analyzes the reasons a young person is interested in joining, or whether or not that way of life is suitable for the young man or woman in question. Instead, they just throw the door wide open - and as generous an attitude as it may sound, in many (I'd say most) cases, they aren't doing these kids any favors.

Legitimate religious authorities make entry an involved process. They require the applicant to at least perform some introspection. With these lunatics, there IS no introspection. The very concept is foreign to them (in addition to lacking a sense of irony, fundamentalists are notoriously immune to self-analysis). Rather, the professional diagnosis invariably runs along the lines of, "It's your heilige spark, your Yiddishe neshomoh! Baruch Hashem!" Much easier, and obviates the need for medical training or years of graduate school.

Religions have entrance requirements. Cults don't (apart from, of course, checking autonomy and critical discernment at the door).

Kiruv, along with all forms of proselytizing, should be made illegal - at least when young people are the targets.

[David]

I just spoke to NYPD Sargent and he said that IA is investigating and likely they will be fired, they lacked a warrant as well.

Shmarya your hatred for anything that may look frum or orthodox has reach a different meaning or level, I will no longer click your affiliates or donate to this cause, I am deleting you from my paypal account.

I am closing my hotmail account related to this site as well.

[ah-pee-chorus]

this sure looks like brutality to me. i asked myself if the cops would have done the same had this been in a location easily seen by the public such as a city street. i doubt it . that leads me to think they werent following normal protocol and thought there'd be no record of the events and their actions.
i'm curious as to what the NYPD will say.

[Shmarya]

I just spoke to NYPD Sargent and he said that IA is investigating and likely they will be fired, they lacked a warrant as well.

Shmarya your hatred for anything that may look frum or orthodox has reach a different meaning or level, I will no longer click your affiliates or donate to this cause, I am deleting you from my paypal account.

I am closing my hotmail account related to this site as well.

Posted by: David | October 15, 2012 at 09:40 AM

Please.

You're lying.

No NYPD Sergent would tell you that.

Past that, asshole, they don't need a warrant to respond to a call from a security guard and enter – which is exactly what they did.

Take your Chabad lies elsewhere.

I should also point out that you aren't the David who regularly comments here and that your email address has never been used here previously.

Liar.

[Shmarya]

I've updated my post.

It seems that despite claims made by the ambulance chasing state assemblyman Dov Hikind and Crown Heights community 'activist' Barry Sugar, a JEWISH security guard called police because HaLevi was DRUNK.

Why was HaLevi drunk?

It was end of Simchat Torah.

In other words, police confronted a drunk man who resisted arrest.

It also seems that someone else called police to report that two men were fighting in the center.

Those two men were probably the security guard and HaLevi, and it was this call police were initially responding to.

[powerofrestraint]

Your headline poses this question- “Police brutality, or a normal arrest?”

This is definitely police brutality- just think if this was in public, would the officers act like they did?
The answer is no.

Might I add, the female officer should go back to the academy, eat her Wheaties etc.

[devorah]

"I am closing my hotmail account related to this site as well."

Don't let the door hit you in the ass, ass.

[Jeff]

Why was HaLevi drunk?

It was end of Simchat Torah.

Every day is a holiday in Lubavitch. "It's the yahrzeit of the Rebbe's wife's cousin's hairdresser!" Any excuse to stay up all night drinking vodka.

L'chaim.

[WoolSilkCotton]

I've seen an arrest on Kingston Ave in broad daylight, the suspect resisted, cops took him down similar to this, the thug (was a white scumbag, BTW), he started screaming "police brutality", and Shea Hecht, standing nearby, shouted at him "no it's not. You are resisting. We will testify for the police".
Nowadays the frumma hate the police in Crown Heights, and the feeling is mutual.

[malcom@aol.com]

FUCKIN PIGS!! THAT GUY WIL MAKE MILLIONS THOSE STUPID PIGS!

[malcom@aol.com]

YOUR SUCH A STUPID ASSHOLE SHYMARA OR WHATEVER YOUR NAME IS YOU FAT PIECE OF HUMAN WASTE. HOW IS THIS NOT POLICE BRUTALITY YOU DICKHEAD? WHAT THE HELL IS WRONG WITH YOU? I WISH THAT WOULD HAVE BEEN YOU THEN WE WOULD HEAR THE CRIES OF POLICE BRUTALITY. YOU ARE SUCH SCUM!

[ah-pee-chorus]

heres a few quotes related to "reasonable force" .

"Reasonable Force: Only that amount of force that is reasonably necessary under the circumstances may be used to effect an arrest, prevent escape, or overcome resistance. (Headwaters Forest Defense v. County of Humboldt (9th Cir. 2002) 276 F.3rd 1125.)"

"The Fourth Amendment prohibition against unreasonable seizures permits law enforcement officers to use only such force to effect an arrest as is ‘objectively reasonable' under the circumstances."

"What is "reasonable force"?
Reasonable force is the amount of force a reasonable person would deem necessary under similar circumstances. So, if a person is using fists, a police officer could certainly use their fists, that would be considered reasonable force. Maybe a Taser would be considered reasonable force against fists. A gun, probably not. The remedy for reasonable force is, if the police use something other in excess of reasonable force, a person is then entitled to use reasonable force in turn to resist that force."
http://www.videojug.com/interview/getting-arrested

" A jury could properly find that an officer's use of pain compliance techniques before a suspect posed any immediate threat to the arresting officers was excessive force" Barlow v. Ground, 943 F.2d 1132 (9th Cir. 1991)

[ah-pee-chorus]

its hard to tell without audio whether he threatens the cop as he raises his hand , which would change the whole complexion, but absent that the officers dont appear to be in any danger and less violent tactics could have been employed.

[Wigmore]

ah-pee-chorus and everyone else,

Please don't play lawyer. In order to determine whether the male officer's actions were justified, the pertinent statute is New York Penal Law Section 35.20:

1. A police officer or a peace officer, in the course of effecting or attempting to effect an arrest, or of preventing or attempting to
prevent the escape from custody, of a person whom he or she reasonably
believes to have committed an offense, may use physical force when and
to the extent he or she reasonably believes such to be necessary to
effect the arrest, or to prevent the escape from custody, or in
self-defense or to defend a third person from what he or she reasonably
believes to be the use or imminent use of physical force. . . [emphasis added]

I can assure you that punching the "perpetrator" in the head is not the first choice taught in training at the Police Academy nor is this recommended by the Patrol Guide.

The rest of this post is opinion.

Although we don't have an audio recording, what happened here seems a classic example of what we attorneys call "contempt of cop." For whatever reason, the police officer decided that he was going to administer an "OPB," ("official police beating"). Even during the Occupy Wall Street protests what police were doing was striking protestors with the collapsible baton (not "truncheon") in the back of the legs below the knees and then handcuffing them once they fell down. Whether this is reasonable force, I cannot say, but it is certainly more reasonable than repeated blows to the head.

Also, from the video it is quite clear that either a signal 10-13 ("officer needs assistance") or a 10-85 Forthwith ("respond immediately") was transmitted based on the 10 or so officers who responded. Why were so many officers needed?

I recommend that everyone Google "Eleanor Bumpurs."

[Chris D]

The job of a police officer is not to be a macho boxing champion, but to use the absolute minimum of force when needed.

This "officer" needs to be fired and NYC sued.

[ca]

That was clearly poorly handled by the officers. The male officer should have never gone at the guy in a fighting position. His bravado sadly got the best of him. Also it appears that the female officer is clubbing him in the legs when he is facing down and subdued. The guy shouldn't have resisted but the officers, especially the male officer, handled the matter very badly. I don't know if I would call this police brutality though. It was a situation that should have never escalated that far and both sides could have prevented it. We have seen the bravado of police officers lead to unfortunate and avoidable circumstances too many times. This guy was zero threat to these officers.

[ca]

The make cop keeps pummeling the guy in the back of the head when he is down. The cop was out of control and handling the matter extremely unprofessionally.

[ca]

The "male" cop keeps pummeling the guy ...

[ah-pee-chorus]

ah-pee-chorus and everyone else,

Please don't play lawyer.
Posted by: Wigmore

...followed by you repeating almost exactly what i posted above. are you for real?

[WoolSilkCotton]

If the suspect was black, would the frumma give a shit about the way the police treated him? When you don't care about other people's civil rights, eventually yours will be trampled, also. How many frumma came to Rodney King's defense, or Amadeu Dialo, or Eleanor Bumpers? The frumma always laugh when the police beat or kill a non-white person.

The fruma security guard at the place felt there was enough of a danger to call police on Yom Tov. So what exactly was that danger?

And why didn't the frumma call Shomrim?

This was Shmini Atzeres morning, and in Chabad, erev SA means getting stinkin' drunk. So this guy was either still drunk or hung over.

[Lubavitchers are Christians]

Drudge picked up on the story. Tens of millions will be watching this video today.

[mike]

The guy that called the police is a volunteer for crown heights shomrim

[ca]

WSC, sadly your right that many don't care, but, many do. I would say many whites in general wouldn't care regardless of their religious beliefs. The Hispanics in particular (at least the ones I have spoken to) wouldn't care. I for one would care if the guy was black. I would probably care even more because I think minorities are often treated unfairly by law enforcement. BTW, I paid a rare visit to CH on chol hamoed and the police seemed to be getting on very cordially with the locals and enjoying the festive environment.

[Wigmore]

...followed by you repeating almost exactly what i posted above. are you for real?

Posted by: ah-pee-chorus | October 15, 2012 at 01:14 PM

I am not the owner of this blog, so I will not insult you in my reply, but yes, I am really an attorney and clearly you are not.

No, I did not repeat what you wrote. You posted quotes purportedly from decisions of the United States Court of Appeals for the Ninth Circuit. None of these decisions are controlling law here in New York which is part of the Second Circuit.

The law that is applicable is Penal Law §35.20, exactly what I posted.

[Wigmore]

WSC Just FYI, there were two prominent African American legislators at the Crown Heights press conference today, Council Member Letitia James and State Senator Eric Adams.

[TheRealJoe]

@mike

Well the hung him to dry. Never suspected ch.info of caring about anyone other then his hit count.

[ah-pee-chorus]

Wigmore-

i never claimed to be a lawyer , just as you never claimed to be polite.

the info you provided is in substance completely the same as what i posted. had you been disagreeing with my quotes and opinion it would have been reasonable to post an insulting dig such as you did. but since your post was in agreement with mine, your remark was gratuitous.
in summation, dont be an a-hole. your cohorts have a bad enough reputation as it is.

[Wigmore]

ah-pee-chorus, if you believe that what you posted, the law from another part of the United States, has relevance here, you are in error. If my saying "don't play lawyer" is something you find insulting, that doesn't make me an asshole but it's something you should examine.

[ah-pee-chorus]

Wigmore -

i was posting various definitions under the law of "reasonable force" which are in no way different than what applies here.
your saying "dont play lawyer" was an attempt to be insulting. if you had any sense you would know that finding relevant info on the internet and reposting it with sources listed is what a layman does.
if you possessed any couth you could have simply stated that the interpretation is similar here and then provided the relevant source. instead you made it sound as though by "playing lawyer" i had come up with an incorrect result, when in fact i came up with the correct result.
i guess you need to constantly pat yourself on the back for having gone to law school and convince yourself that that somehow gave you magical powers to read simple english. whatever.

[LEVI KELLER FROM PRESIDENT STREET]

Zalmy Trappler is a Kapo who has been kissing the collective ass of the 71st precinct ever since he could tall enough for his lips to reach. He is one of those 'machers' who know every officer by name. Given that, and other background about aliya, it is clear that he called the SS squad in. Moishe Feiglin, being the opportunistic, cowardly ignoramus he is, refuses to take any stand, as he is reliant on the askanim (read crooks) who control the purse strings.

[Wigmore]

Wigmore -

i was posting various definitions under the law of "reasonable force" which are in no way different than what applies here.
your saying "dont play lawyer" was an attempt to be insulting. if you had any sense you would know that finding relevant info on the internet and reposting it with sources listed is what a layman does.
if you possessed any couth you could have simply stated that the interpretation is similar here and then provided the relevant source. instead you made it sound as though by "playing lawyer" i had come up with an incorrect result, when in fact i came up with the correct result.
i guess you need to constantly pat yourself on the back for having gone to law school and convince yourself that that somehow gave you magical powers to read simple english. whatever.

Posted by: ah-pee-chorus | October 15, 2012 at 03:03 PM [emphasis added]

Let me try this one more time. The phrase "don't play lawyer" is not per se an insult. Some might even consider it funny as the similarly phrased "playing doctor."

The problem here is that you think something is relevant when it is not relevant at all. There is a lot of information on the internet. Some of it is true, some not. Knowing what matters is why we get paid. The decisions of the Ninth Circuit are irrelevant here when there is a local statute and plenty of New York case law on point.

If you had any couth you would simply say "thank you for the explanation."

Shmarya, please let this discussion stay on the point of the post.

[dh]

Wiggles, no way can you have passed the bar anywhere in the USA. You continue to condescend which really annihilates any credibility you may have had, except in your own bloodshot eyes. Everything ah-pee-chorus posted is worthy and correct. Did you never learn that persuasive primary authority can include court decisions of other jurisdictions, which do
not have to be followed but which may be used as examples of good reasoning.

Wiggles you are an embarrassment. Sorry.

[dh]

Why do you think police protocol with the homeless immediately establishes them as a threat?
Posted by: dh | October 15, 2012 at 03:33 AM

Any person who refuses a police command is immediately viewed as a potential threat.

That's how all police are trained.
Posted by: Shmarya | October 15, 2012 at 03:51 AM

Well obviously, but I'm speaking of the homeless. That's the obvious triage determination before we worry about threat. Any decent police person not only probably knows the street people on his beat, but can readily identify others. "Homeless" is not a crime.

Most jurisdictions have special protocol for approaching a homeless individual because they are usually ill as well. Does New York does not have this? New York leads the country in homeless and is the worst as far as criminalizing it.

This is what was so interesting about ah-pee's legal research regarding persuasive authority to make a jurisdictional comparison.

[Lubavitchers are Christians]

You are both babies. You both got insulted from the other. Grow up.

[Wigmore]

dh, "Persuasive primary authority?"

Sorry, not here. When a state's own courts have already construed a statute, judges don't care what a court in another jurisdiction says especially about a different state's statute. I suspect you are thinking of either a section of the UCC or when a state's own courts have not spoken on a specific matter.

[dh]

Wait - not so much embarrassing as frightening.

[Simple Jew]

B"H

NYPD are not all NYs Finest -- this is one of the abuse videos that was captured--- many more that are not.

Between the rape convictions (and aquitals when everyone knew they were guitlty) and the abuse allegations that usually go nowhere because they answer to their own blue wall of silence instead of civilians.....

Shmarya -- let me get this straight--- you think that this vidoetaped abuse is acceptable way to treat a human being?

The only mistake anyone made (and he already admitted it) was when someone called NYPD.

[Abracadabra]

If my saying "don't play lawyer" is something you find insulting, that doesn't make me an asshole but it's something you should examine.

Posted by: Wigmore | October 15, 2012 at 02:49 PM

Wigmore - Please don't play psychologist.

What you said was condescending and insulting to Ah-pee-chorus specifically because you singled him out for a condescending put-down while he was the only one to backup his opinion with legal proof AND he was making the same basic point that you yourself were making. Whether it was from the appropriate curcuit or not became meaningless after you singled him out for a condescending put-down.

Your comments on this blog are usually enjoyable, but you were wrong in this instance, and it would be wise to accept when you made a mistake.

[Shmarya]

…Shmarya -- let me get this straight--- you think that this vidoetaped abuse is acceptable way to treat a human being?

The only mistake anyone made (and he already admitted it) was when someone called NYPD.

Posted by: Simple Jew | October 15, 2012 at 07:03 PM

No.

What I'm saying has been backed up by newer reporting by others:

He was stoned, he was drunk, he resisted arrest, he was belligerent, and the security guard who called police and the guards who were with him did not tell cops that Halevi was allowed to be there.

So why call police?

Because when the call was made. Halevi was drunk, stoned, belligerent – and NAKED.

He was walking around completely nude.

And there were women in the center.

As for police, working with the info they had and HaLevi's behavior, they did a passable job – legal but not great.

[dh]

In his lawsuit against Chabad, Halevi will say he was not drunk when the call was made. I would argue to the contrary. If he was only stoned he wouldn't be belligerent.

I think the NYPD was ignorant of the camera and abused him under color of authority while beating him senseless. They took him down. That should have been end.

[ah-pee-chorus]

dh and abra-

thanks :)

[effie]

Beat senseless? Never was the guy unconscious nor not moving around. He also walked out on his own quite easily.

[Simple Jew]

B"H

Shmarya -- you better let all the african american politicians in NY that are saying this abuse and calling for the cop to be fired that they are wrong. Let them know that you are worried about homeless people put support police beating up people who are being kicked out of their sleeping quarters to go into 50 degree weather.

The NYPD has now put that punk cop on modified duty --- which I assume means no gun and sitting at a desk.

[dh]

effie, watch the video and listen to the corresponding interview. He's out. He's a goner, as would you be.

[Wigmore]

Abracadabra, so "don't play lawyer" is a put down? Okay, if you insist.

By the way, if you get a prescription from your physician, do you rewrite it to fit your own "proof" especially that based on internet research?

You want to carry this on for fifty more posts, have at it.

[jj]

i saw shmaryas interviewer in action he was leading this gus responses shmarya shame on you you are a fraud you slant everything to come down on jews fat slob

[Shmarya]

Posted by: jj | October 15, 2012 at 10:55 PM

I realize that you're not very bright, but even so, you have an eyewitness clearly saying that HaLevi had beed up and naked shortly before cops came, and admitting that a Jewish security guard called the cops.

Oholei Torah doesn't teach you very much, to be sure, but it should have taught you enough to grasp that.

[dh]

Wigmore, no, one cannot "rewrite" a physician's prescription. You should know that. After internet medical research we call WSC for a new rx.

[jj]

shmarya i saw your reporter with his kippa and dark shirt he was basically whispering in his ears what to say also they guy is clearly learning disabeled aswell you base your info on this recording which is a clearly stretched truth shmarya i think your castle of cards is coming down you are a fraud shmuck

[dh]

Well, at least he's learning something. Frankly I thought they stopped teaching Disahled Aswell back when a castle of cards was a house of cards.

[Shmarya]

shmarya i saw your reporter with his kippa and dark shirt he was basically whispering in his ears what to say also they guy is clearly learning disabeled aswell you base your info on this recording which is a clearly stretched truth shmarya i think your castle of cards is coming down you are a fraud shmuck

Posted by: jj | October 15, 2012 at 11:21 PM

Another lying piece of Crown Heights trash, and Oholei Torah illiterate liar.

Process, moron.

1. He isn't my reporter.

2. No one told the witnesses what to say. The witnesses told the reporter what happened – and they did so on video, so lying assholes like you can see it.

[jicky]

Unfortunately for shmarya and his crew the officer was released of his gun and badge .sorry shmarye this time

[Shmarya]

Unfortunately for shmarya and his crew the officer was released of his gun and badge .sorry shmarye this time

Posted by: jicky | October 16, 2012 at 07:44 AM

No, you lying little Chabadnik, he was not.

He was put on restrictive duty until after the investigations – which is a pretty normal response for the NYPD.

To help your ever so small poorly educated mind to process, restrictive duty means desk duty – not firing, not suspension, not gunless, not badgeless.

Now toddle off and bow down to your dead messiah.

[jj]

the only person chabad ever threw out was shmarya your ethopian excuse is just a bunch of lies the nypd is clearly supporting chabad your twists on the facts are catching on to your image of being a miserable old fart. stop lying you fatso

[Just Me Saying Gby ~~]

wow the last comment by shmarya at 10:03AM says volumes about you - what a self hating piece of shit you are...man do you have an agenda.

Thank goodness I barely log on -I used to really like your take on things but man you need some serious serious help. You are a walking talkging bag of crock that needs a good spankin.

Why not come over to aliya we'll take care of you my friend. Messiah BS or not - whatever you like we have the flavor.

Shame on you.

[Shmarya]

Posted by: Just Me Saying Gby ~~ | October 16, 2012 at 07:52 PM

In other words, pointing out that someone is lying and that the facts do not support them makes me "self hating" in your tiny, Shtam-a-Guy mind.

You were always pathetic and a liar, but now you're also desperate.

[jj]

shmarya the more we readers investigate your research and opinions i think its surfacing that your only agenda is to bad mouth jews because of your brain dead psycosis that your a bird brain ashamed and miserable jew stop eating cheesbergers you twat

[Shmarya]

…miserable jew stop eating cheesbergers you twat

Posted by: jj | October 16, 2012 at 09:47 PM

In honor of you and so many other Chabadniks like you, who give lip service to ahavat yisrael but who are really sick, viciously, lying and hating scum, I'll have a cheeseburger tomorrow – my first in three decades.

And I'll try to make it with some Shor HaBor Lubavitch meat, because there is no basar b'halav according to some opinions, if the meat is treife.

[jj]

shmarya all bs aside, you claim your speaking for truth and for the abused, you had a great spot to defend this poor mentally challenged person who was clearly taken advantage of by two cops who almost killed him if it wasent for a miracle and you blow it by resorting to your pre existing psycosis of attacking jews because they are jews and sadly this is a turn off for many you have a talent and you should use it not to lie

[Shmarya]

Please.

What makes him "mentally challenged"?

Is he developmentally disabled?

And unlike you, I'm not lying – and I have a public track record stretching back decades to back me up.

[jj]

shmarya i am seeing that your reporting is blinded by your fixation on bashing religious people and anything jewish this brutality incident has you uncovered and shows that you have a disconnect or that you lie and twist the truth to your same tune your tune is that jews are wrong shmarya your name on the street was once upon a time as being truthful now its more of a sexual psyco go back to crownheights i will leave the lights on for you

[Shmarya]

Posted by: jj | October 17, 2012 at 10:00 AM

In other words, you lied, you got caught, and all you've got left is more character assassination, more attacks on the messenger.

[Seraphya]

The very fact that the two officers were not able to subdue him for a few minutes until more help arrives should in and of itself show that they were not able to overpower him and the force used was not excessive.

There have been many complaints about police being to quick to reach for tasers ( http://www.huffingtonpost.com/2012/08/01/dejamon-baker-taser-victorias-secret_n_1729527.html ) and tasers have been not effective on people high on certain drugs which is possibly why the officer went for hands rather than a taser.

What might look like police brutality but isn't:
http://www.youtube.com/watch?v=dgUnpnU7mRs
http://www.youtube.com/watch?v=xpOMlDVaXzc
http://www.youtube.com/watch?v=oi8J4gwsDfU

Here are some examples of what real police brutality looks like:
http://www.youtube.com/watch?v=Ku42PPzYEqs
http://www.youtube.com/watch?v=2y9L0ypSZeo
http://www.dailymotion.com/video/x9jvmt_72-year-old-grandma-gets-tased_news
http://www.youtube.com/watch?v=jfGvyrjEbK4
http://www.youtube.com/watch?v=cOMWRDbnDHs
http://www.youtube.com/watch?v=CuqHnnlflNg
http://www.youtube.com/watch?v=MCA25v4WlVI
http://www.youtube.com/watch?v=Qt98_kjvm6w

[Name_Unknown]

It is sad that people are stupid enough to claim police brutality whenin all actuality the perpetrator (HaLevi) was clearly in the wrong point blank. If he was allowed to be there he should have allowed them to arrest him peacefully, went to the police station and they would have contacted the proper people to find out the truth of the situation. He would have been in the clear if he was telling the truth. And if he has been sleeping there for any period of time why is it the security guard did not know anything about it. I am sure it wasn't his first day on the job. If this was not at a Jewish temple and not a Jewish man I don't think this would be an issue. That man resisted arrest and fought back with police and he got a lesson I hope he soon will not forget. He needs to understand that you cannot act in an aggressive manner towards police without there being consequences. Yes the Jewish community has suffered a lot through history, but this has nothing to do with religion or ethnicity. Tg is has to do with this man doing something wrong that he needs to be held accountable for. I hope that things get cleared up as far as whether he should have been there or not, and I hope that he is punish accordingly to his crime of resisting arrest. But that is it. Those officers do not deserve punishment for doing their job.