2015
Antonio Buehler Removed From Q&A Panel; The Influence of The Police State
Peaceful Streets Project founder Antonio Buehler was scheduled to sit on a Q&A Panel with Scott Christopherson, the producer of the documentary Peace Officer, following the Austin “premier” of the film, tomorrow evening. Within hours of the Peaceful Streets Project posting a Facebook event about the documentary, the public relations firm that contacted Buehler to sit on the panel sent him an email telling him that the Q&A Panel was cancelled. (If you purchased tickets and want a refund scroll down to the final paragraph)
When Buehler finally got the PR rep on the phone the next day, she told him that the producers of the movie got cold feet because they had received an email from someone who indicated that they were offended by the views of Buehler, and therefore the producers chose to remove him from the panel (but not cancel the Q&A as she claimed the day before). However, when Buehler talked to the producers of the film, they claimed that they had nothing to do with the change, and that the PR company was the one who made that decision.
Unable to get a straight answer from the PR company and/or the producer, we are left to assume that once again the police have exerted external pressure on someone to prevent us from sharing our message of police accountability, even though the police were able to use the same film at the same venue in advance of the premier to push the lie that Austin Police Department doesn’t use their SWAT team to terrorize and kill people. In the past, the police (who are led by media savvy but ethically corrupt Police Chief Hubert “Art” Acevedo) have pressured three venues to cancel Peaceful Streets Project events, to include Huston-Tillotson University after we paid a security deposit. Additionally, they have pressured local media, to include the Austin American-Statesman and Jeff Ward of the local radio station KLBJ, to stop giving us a voice.
One might ask themselves, why would people allow the police to dictate who can appear at their events, who can host events at their establishments, and who they can give a voice to using their platforms? The answer is that the police state is quite influential and powerful, particularly at the local level.
First, the police are a violent gang of thugs who pick and choose which people they abuse the most. If you’re a person of color, homeless, mentally ill, female, or happen to look or dress the “wrong” way, you are much more likely to be abused than people in other segments of society. Much of society recognizes this, and they don’t want to find themselves in the sights of criminal police.
Second, the police provide subsidized security services for corporations. The notion that the police have a duty to protect you has been disproven by the Supreme Court (Warren v. District of Columbia). Sure, police may murder people at traffic stops or turn their backs on someone who is bleeding out in the poor part of town, but they will eagerly protect private business. Business owners are well aware of the benefits of relying on the police to protect their property instead of having to pay private security. It reduces their expenses, padding their profits, and it removes them from liability should the security (police officers) violently beat or kill someone. Like dealing with the mafia, it often pays to stay on the good side of police who may or may not be able to ensure the protection of your business.
Third, in our backward society, there are benefits to being on the good side of the police. If you’re a business owner, you may get taxpayer subsidized customers such as police conferences held at your establishment, paid marketing such as police recruitment advertisements in your newspaper, or special contracts such as a monopoly on towing services. If you’re media, you even get access to the Chief of Police for interviews. And if you’re really friendly with the Chief, he may even be willing to get you out of jail and have your DWI charges dismissed. Of course if you cross the police, you may get cut off from accessing the police department, which may give you a competitive disadvantage (which may force you to fire someone, ruining their life, and leading them to go to New York to commit suicide outside of the national corporate headquarters).
Because the police are a terrorist gang of cowardly criminals, we understand why so few people are willing to stand up to them. After all, we see how they viciously go after the victims of police abuse, with no repercussions because other cops, prosecutors, and politicians refuse to hold them accountable for their crimes. This is why it is essential that we continue to work to undermine the police state, and to help people come to the realization that we can evolve as a society, and live in peace with one another without paying the worst of society to put on a badge and a gun so that they can commit their crimes behind the protection of qualified immunity.
For those who had planned to attend the “premiere” of Peace Officer, you can email Kayla Williams at kayla.williams@drafthouse.com and provide her with your row number, seat numbers and telephone number. She will have someone from Alamo contact you and ask you for the name on your credit card, your credit card number, and the expiration date on the card in order to cancel the charge. You can also call the following number to have your refund processed: 512-861-7040, box office press 4. You must contact them before 7:00 pm on Friday, October 9th in order to get a refund. In place of the film and panel, we will be meeting at 8:00 pm at the Shake Shack for dinner and camaraderie in advance of our Friday night cop watch. I hope you can join us. All power to all the people! #ACAB
EXCLUSIVE: Newly Released Video Show Cops Illegally Arresting Cop Watchers
On September 21, 2012, the Peaceful Streets Project came across a DWI stop on West 6th Street in Austin, TX, during a standard roving cop watch patrol. As you can see in both video that are embedded, the Peaceful Streets Project cop watchers (Antonio Buehler and Sarah Dickerson) quietly approach to film the interaction between the police officer and the suspect, while the police officer is still in the vehicle. That police officer is Patrick Oborski, the cop whose illegal arrest of Antonio Buehler on New Year’s Day 2012 helped spur the formation of the Peaceful Streets Project
Criminal Cop SGT Adam Johnson
SGT Adam Johnson then come on the scene. Johnson is Oborski’s supervisor who helped cover up the crimes of Oborski (and Officer Robert Snider) on January 1, 2012.
Johnson then begins to order Buehler and Dickerson to go in the opposite direction that Oborski ordered Buehler to go. Johnson told Buehler and Dickerson to go to the other end the block, on the other side of Oborski, which would have required them to approach Oborski, walk within feet of him in order to pass him and the suspect, and then continue on to the end of the block.
Buehler, recognizing the danger in walking toward the police officer who had previously illegally arrested him, and feeling that it was a trap, repeatedly asked Johnson why he was giving him such an absurd order, how far he needed to move back to not be “interfering,” and reminded Johnson how he could not be interfering at such a distance.
Despite constantly moving back while asking how much further he would have to move back, Buehler was ultimately illegally arrested by Johnson after Buehler asked Johnson why he was being a “bully.”
Johnson then arrested Dickerson who was further away from the stop than Buehler the entire time.
Despite having criminal charges hanging over their heads, the Austin Police Department and city attorneys prevented Buehler, Dickerson, or their lawyers from reviewing the video or retrieving the cameras the police confiscated from them for two years. The Austin Police Department and the city apparently didn’t want the world to see how their cops clearly targeted cop watchers and violated their civil rights by illegally arresting them for filming the police. It wasn’t until a judge ordered the City of Austin to turn over the cameras that Buehler and his legal team were able to see these video.
Johnson was never disciplined or charged for his violation of Buehler and Dickerson’s civil rights, or his crimes on January 1, 2012. Johnson was, however, celebrated for irresponsibly shooting and killing a mentally ill man with his service pistol on Thanksgiving of 2014, while holding horse reins in one hand, toward a major interstate from a distance of about 300′.
Oborski, likewise, was never disciplined or charged for his violation of Buehler and a San Antonio woman’s civil rights on January 1, 2012. Oborski was, however, awarded the department’s first ever Jaime Padron Hero Award after every cop in Austin found out that Oborski was caught on tape abusing a woman, assaulting Buehler, and then trying to frame him with a felony crime that he did not commit.
Austin Police Department won’t discipline, fire, or arrest cops who are caught on camera committing crimes, but they’ll celebrate cops when they irresponsibly kill people.
2015
The hypocrisy of the police and their supporters perpetuate violence
Last night a Harris County Sheriff’s Deputy was allegedly shot and killed execution style at a gas station. Like clockwork, while ignoring stories of Texas cops executing an unarmed man with his arms in the air and another who was a patient at a hospital, cops and cop supporters went to social media to declare the dead cop a hero while claiming that there is a “war on police.” Their response to a cop getting killed relative to a cop executing someone highlighted how much they believe cop lives matter, versus how much they believe everyone else’s lives matter.
The usual cop worship sickens those of us who have been struggling to try to get society to evolve to the point where they believe that just because you give a bully a badge, a gun, and qualified immunity, doesn’t mean that they should be celebrated for receiving tax dollars to beat, frame, rape, and murder without consequence. Therefore, we decided to post the story of the cop being killed on Facebook, with a comment that mirrored comments made each time a cop kills someone, especially a person of color.
As is common when a cop kills a young person of color, the cops and their supporters are often eager to claim that the victim was involved in criminal activity, and thus, you should then conclude that the extrajudicial killing of the victim was somehow warranted. When you point out that the police officer shouldn’t have executed the person even if they were involved in criminal activity, the cops and their supporters will quickly argue that the victim made bad decisions that put them in the unfortunate position of being executed by a cop. And particularly when the victim is black, you have the usual suspects quickly claiming that the cop murdering a young person can somehow be blamed on the bad or absent parenting the victim received.
Our Facebook post was meant to serve as a mirror for those who reflexively defend criminal cops while slandering their victims. Instead of helping people come to terms with their hypocritical view of crime and personal responsibility, all we got was a bunch of hysterical responses from the people who are so often eager to slander the dead.
Not surprising, the biggest critics were the police officers who make it standard operating procedure to attack the character, the life, and the families of the people they kill. One of the biggest hypocrite cops in America is Austin Police Chief Hubert “Art” Acevedo who quickly shared a screenshot of our post with the comment, “This is how mind of so-called peaceful activist works & why police officers don’t want him inches from their face.” We couldn’t have asked for a better example of a cowardly, criminal, terrorist cop to respond to our posting that that of Acevedo.
First, Acevedo is either stupid enough to not catch onto the fact that we were using the tactics of cops across America to make a point, or dishonest enough that he pretended to not notice it. Either way, that alone gives some indication to the degree to which he is unfit for his job. Second, the mind of a peaceful activist is obviously beyond the comprehension of a tax parasite violent terrorist cop. We endeavor to call out violence and to encourage people to find the courage within themselves to stand up to it. Acevedo and his fellow cops simply endeavor to dispense violence on the people and to promote the cowardice of the profession of policing (e.g., shooting every time they “fear for their lives”). Thirdly, claiming that his police officers don’t want [Peaceful Streets Project co-founder Antonio Buehler] “inches from their face [sic]” puts an exclamation point on how cowardly and corrupt Acevedo is.
The reason Acevedo references cameras a certain distance from one’s face stems from the illegal arrest of Antonio Buehler and Mike Bluehair Smith (or Film the Police Portland) by Austin Police on August 2nd, 2015. In the lie-filled affidavit written up by Austin Police Officer Aljoe Garibay, it is claimed that Buehler on multiple occasions held a camera within inches of various officers’ faces. That claim was the foundation for their ultimate claim that he was interfering with the public duties of the officers, who just happened to be doing nothing but standing around watching people film them.
The problem with Garibay and Acevedo’s claims are that they were definitively debunked by multiple videos of the arrest. In the videos, it is patently obvious that the only reason a camera was ever in any cop’s face was because the cops kept moving toward Buehler and placing their face in front of his camera. In not one sequence of shots did Buehler ever move his camera and body toward the face of a cop.
The fact that Acevedo would so blatantly lie about someone who was trying to hold his criminal cops accountable, while he has engaged in coverups of his cops illegally arresting cop watchers, highlights that Acevedo and the thin blue line is unconcerned about crime when it emanates from within the fraternity of law enforcement, but that they are all too eager to slander and attempt to dehumanize the victims of police abuse, corruption, and violence.
And that is why at the end of our Facebook post, we pointed out that perhaps the reason that every once in a blue moon someone decides to mimic the violent tactics of the police against the police may be because tens of thousands of people are victimized by police each month. Cops and their supporters love to dismiss the executions of young black men by using the twitter tag #thuglife. So we ended our post with the same. Sadly, the cops and their supporters can’t grasp the meaning of the term.
2015
Press Release: Austin Police SGT Randy Dear Watch
Tonight, August 14th, the Peaceful Streets Project will dedicate our effort and resources to holding Sgt. Randy Dear #4422 accountable. We will be shadowing his operations for the night with banners and fliers, stating his violations of our Constitutional right to film.
Sgt. Randy Dear #4422
On the night of August 1st, Sgt. Dear illegally conspired with his subordinates to threaten and then arrest Peaceful Streets Project founder Antonio Buehler and Film The Police Portland founder Mike “Bluehair” Smith. While Buehler was filming from over 10 feet away, Sgt. Dear #4422 approached Buehler and told him that he would arrest the members of the Peaceful Streets Project the next time there was a “disturbance” and they got “in the way” that they would be arrested. Buehler questioned Dear how they could be interfering if they were just standing where hundreds of other people were also standing. Later, after Dear re-approached and moved within inches of Buehler, he gave Buehler an arbitrary order move claiming Buehler was now interfering with his duties. While Buehler was complying, and protesting the illegal order, Dear and five other paramilitary soldiers* jumped, assaulted, and arrested him, while Cpl. Quint Sebek #3454 turned and assaulted and arrested Mike “Bluehair” Smith. Ofc. Aljoe Garibay #6155 then submitted a lie filled affidavit to support the illegal arrests. The Peaceful Streets Project later released multiple videos of the incident in a public rebuttal, proving that APD lied in their attempts to justify an illegal arrest.
A few weeks prior to this incident, Dear gave an unlawful ultimatum to the members of Peaceful Streets Project requiring them to maintain an arbitrary distance from APD officers. In response to the quoted facts of the law regarding filming, and rulings by both the 5th Circuit and the Supreme Court, Dear stated, “This is not a judicial system. This is the law I’m telling you.”
It has become an obvious reality that there is a disconnect between the ruling of the courts and the actions of the Austin Police Department. If the constitutional right to film is no longer being respected, then we have no choice but to advance our tactics and strategies. We will exercise our constitutional and legal rights to the furthest extent possible to document the illegal actions of Sgt. Dear.
Sgt. Dear, Chief Art Acevedo, and the rest of the Austin Police Department, in three and a half years you have yet to beat us in court. We remain undefeated. You have attempted to murder, hospitalize, imprison and assault members of our community. Yet we remain ever strong, ever fearless. If you seek to end the existence and operations of the Peaceful Streets Project, the only way is to cease wrongfully abusing and murdering members of our community.
You WILL be filmed.
2015
In Light of Sandra Bland’s Arrest, Should Cops Be Respected?
The suspicious death of Sandra Bland three days after an unnecessary, illegal, and violent arrest has reminded tens of millions of people that while national awareness of the problems of endemic societal racism and rampant police abuse may have risen in the year since Michael Brown was murdered, the police have not been deterred in their application of crimes and violence against the public–particularly against people of color, the mentally ill, the very poor, and the homeless. In today’s environment where more and more people are pulling out their cameras to film the police because they expect that the police may violate someone’s rights, it should be unfathomable that police would continue to brazenly commit crimes against the public during a period of increased scrutiny, but as civil rights activist DeRay Mckesson likes to remind people, the police will continue to abuse and kill people.
I once asked an elder, "How do we keep the movement alive?" to which the elder replied, "The police will do it for you."
— deray mckesson (@deray) April 28, 2015
Police get away with their crimes for a multitude of complicated, and often intertwined, reasons. Racism. Classism. Corporations that profit off of incarceration. Corporations that profit off of prohibition. Politicians who are bought by those corporations and by police unions. Expectations of revenue generation by municipal governments. Qualified immunity for cops who commit crimes. Internal Affairs departments that are expected to clear cops of criminal wrongdoing. Chain of commands who believe it is their responsibility to clear cops of wrongdoing. Prosecutors who are eager to paper over cop crimes so that they can continue their symbiotic relationship with the police. Judges who overlook rampant police corruption as they eye higher benches or reelection campaigns where they will be attacked if they don’t come across as tough on (non-cop) crime. These are just some of the reasons, and these reasons give many people comfort in believing that they don’t directly contribute to the problem because they are not members of any of the aforementioned groups. However, one reason that we can directly attribute blame to the general public for is its desire to make excuses for criminal cops by blaming the victim.
In the Sandra Bland case, no reasonable person who believes in basic civil liberties could side with Officer Brian Encinia. Sandra Bland was unnecessarily stopped for a minor traffic infraction that would only result in a ticket in jurisdictions where revenue generation or harassment of a particular community (e.g., the Black community) is a priority. At the conclusion of the stop she was unnecessarily and illegally ordered to put out her cigarette in her own car. She legally (and righteously) refused to put out the cigarette, as is her right. For that, Encinia threatened her with arrest, pointed his taser (a deadly weapon) at her face, and proceeded to assault her. She was ultimately unjustly arrested for assault on a public servant, despite being the victim of assault. She then spent three days in prison because she dared to flex her basic Constitutional and human rights. On the third day the state alleges that she committed suicide.
~ Assata Shakur, 1987
In the Sandra Bland case, there are millions of people who blame Sandra Bland for her own arrest and death. For example, there are overtly racist people like Heather Martin of Allen, TX who sing the praises of Jesus and limited government but who will eagerly back an officer “every time” they commit crimes against any “uppity, mouthy, and criminal [Black people].” Backed by a Confederate flag, she proclaims that #PoliceLivesMatter, making it clear that Black lives do not matter to her.
There are also overtly racist people like retired NYPD Detective Harry Houck who argue that nothing bad would have happened during the stop had Sandra Bland dispensed with her “arrogant attitude” and simply been respectful to Officer Encinia.
They talk about how people (and they mean Black people) should simply shut up, treat the police officer with respect, and comply with all of his commands if they want to get through a stop without any problems (e.g., being arrested, assaulted, or killed). They shift the burden from the police, to not commit crimes, to the victim, to not question or talk back to police officers. Therein lies a problem that highlights our society’s failure to acknowledge its racist history, its racist present, its fixation on power and authority, and its failure to place civil liberties (the thing that many believe makes America great) above a cop’s expectation of being respected by the public.
But the Confederate flag waiving, bootlicking, cop apologizing, #PoliceLivesMatter crowd does make one point that is worth listening to–Black people sometimes should choose to comply instead of die. They get it right for the wrong reasons; they believe that Black people are inferior human beings, and that people in blue uniforms should be allowed to dispose of them if they don’t “act right.” But as most Black people will tell you, they’ve essentially been told the same thing by their parents, stemming from their parents’ desire to see their children survive to old age.
At the Peaceful Streets Project, we go into the streets to document interactions between the police and members of the public, and when we see police violating people’s rights, we challenge them. When they violate our rights, we challenge them. In the attached video, we challenged them quite vocally, with plenty of expletives, when they illegally detained and searched us for documenting their actions during a copwatch in the Rundberg region of Austin, TX. Compare and contrast our behavior to the so-called “arrogant” behavior that resulted in Sandra Bland being illegally arrested and assaulted.
Why did a Black man come up to us at the end of that incident and ask, “how the fuck do you talk to them goddam laws like that?” The answer is because he was amazed that we weren’t beaten and arrested for what we said to the police. Not everyone has the same ability to stand up for their rights or the rights of others. If you are homeless or extremely poor, you are less likely to be able to stand up for your rights without being abused, arrested, or killed. If you are mentally ill, you are less likely to be able to stand up for your rights without being abused, arrested, or killed. If you are Latino or Arab, you are less likely to be able to stand up for your rights without being abused, arrested, or killed. And if you are Black, you are less likely to be able to stand up for your rights without being abused, arrested, or killed. Sandra Bland is just one of tens of thousands of examples of that unfair and unfortunate reality.
It is for the aforementioned reasons that cops should NOT be respected by society. That they are so eager to use violence and commit crimes against people means that they are not productive members of society who deserve our respect. That they are even more likely to use violence and commit crimes against the most disadvantaged members of society means that they are bullies on top of being non-productive members of society. But just because they shouldn’t be respected doesn’t mean they shouldn’t be feared. When we stand up to the police, we fear for our lives and liberty. We understand that we are often dealing with violent thugs who have no qualms about committing crimes against us. But we also acknowledge that we have strength in numbers, we have cameras rolling, and most of us aren’t Black, Latino, Arab, homeless, extremely poor, or mentally ill. We are far more likely to survive a police encounter than Sandra Bland or someone who looks like her. That is privilege, and we will use our privilege to push back against police.
2015
Caroline Callaway sued Austin & Travis County for assaulting her during a DWI blood draw. Friday evening the jury found her NOT GUILTY of DWI.
Caroline Callaway’s father sat in the hallway of the Blackwell-Thurman Criminal Justice Center all last week as his daughter stood trial for the offense of DWI. As Caroline’s father sat in the hallway, unable to watch, a representative from Mothers Against Drunk Driving watched the entire proceeding, front-row-center. Below, you’ll find a summary of the facts of the case, interesting aspects of the trial, and how Antonio Buehler was denied the opportunity to testify as to Patrick Oborski’s reputation for dishonesty.
Caroline was pulled over for running a red light, then arrested for DWI.
In the early morning hours of post-Superbowl Sunday – Monday, 2013, Callaway was pulled over by Austin Police Department Officer Patrick Oborski for allegedly running two red lights. The dash cam video of the stop and arrest do not clearly show that traffic violation. During the stop, Caroline is pleasant and cooperative and agrees to perform the field sobriety tests. During those tests, Caroline is balanced, follows directions, and is almost perfect on the one legged stand. Oborski’s interpretation of her performance, however, did not match what the video showed, and he decided Caroline had demonstrated enough clues in the field sobriety tests (“FST’s”) that he had probable cause to arrest her for DWI.
Oborski is a seasoned DWI squad officer, who has made thousands of DWI arrests in Austin, Texas. He also makes a fine living off the over-time pay associated with all the court hours he must log on those DWI’s.
As Caroline learns she’s to be arrested, a media reporter with a camera showed up on the scene. Caroline, believing she was on the TV show COPS, began to be verbally defiant, as she was upset at being arrested, having done well on the FST’s (contrary to Oborski’s conclusion).
Caroline refused a breath test, and because it was a No Refusal Weekend, Oborski sought a warrant to forcibly draw Caroline’s blood as evidence against her. At the jail, Caroline was yanked around by her handcuffs, causing bruising and other injuries. She was then strapped down to a restraint chair. Peace officers then hooded her with a bag to prevent her from spitting or biting. One of the officers put his dirty boot on her arm to keep her still. Caroline’s version of this process differed greatly at trial compared to the officers’.
Caroline explained to the jury that she was having an anxiety attack, and she was shaking all over. Because of the anxiety attack, she could not get a full breath of air. Some unidentified officer – who Caroline could not see because she was black-bagged – grabbed her by the throat and cut off her air. She could not breath.
Strapped to the chair, unable to see, and deprived of air, she thought she was going to die.
Officers, however, claimed that they would only ever use pressure points at the jaw/mandible to force compliance with a blood draw. Oborski admitted that this was the most violent blood draw he had seen.
Caroline’s pictures after her arrest show bruising on her throat & neck – not her mandible.
Officer Oborski testified that Caroline was not the “sweet young lady you see before you.” He also testified that “we’re a free society where videotaping happens everywhere.” He, therefore, didn’t have a problem with the media filming Caroline’s arrest. Those of you who kept up with the Antonio Buehler case know that Oborski was the one who arrested Antonio for challenging Oborski’s authority to assault a young woman passenger to a DWI stop, as Buehler exercised his First Amendment rights and took pictures of the assault. You can read more about that story here.
Antonio Buehler stood ready to testify that Oborski has a reputation in Austin for being dishonest. Buehler, after his wrongful arrest at the hands of Oborski, had been approached by hundreds of people, including those charged by Oborski, and many attorneys. All of these people had tales to tell about how dishonest Oborski is. Buehler, however, was not permitted to testify. In fact, many of the defense’s theories and proposed testimony never made it in front of the jury.
The jury was threatened with being investigated for jury misconduct if they did not follow the instructions in the jury charge. Had they believed that Caroline Callaway drove while intoxicated (and the blood result was over 0.13), they would have found her guilty of that offense. They acquitted her.
The jury rendered its verdict of acquittal the night before Clarence Darrow’s birthday.
Clarence Darrow epitomizes what many criminal defense lawyers aspire to be in their practice. Caroline’s lawyers Daphne Silverman and Norm Silverman would have made Darrow proud in their defense of Callaway. Callaway’s lawyer Daphne Silverman was forced to file the civil rights action in federal court before trying this misdemeanor. You can read about that civil suit here. Despite having most of the Travis County Attorney’s Office in the courtroom, supporting the State’s prosecutors, and despite being forced to move to recuse the judge mid-trial (arguing that the judge seemed affected by an extra-judicial bias against Caroline for exercising her civil right to sue the police), Silverman & Silverman persuaded the jury that Caroline was not intoxicated that night.
If you’re shopping for a defense attorney, the first question you must ask (and get a straight answer to) is how many times that lawyer has been to trial in the last year. If you have a case you want to fight, you’d be better off with trial by combat than a lawyer who pretends to be a trial lawyer but never tries a case.
It takes a big pair to move to recuse the judge mid-trial. It likewise takes quite a pair to see a high blood test result and say “No! My client wasn’t intoxicated.” Their strong advocacy meant the difference between a second conviction for DWI and an acquittal.
Caroline’s bravery is remarkable.
Most defendants just want to get the case over with. Prosecutors know this, and exploit it during the plea bargaining process. It took quite a pair of big brass ones for Caroline to in effect say, No! The world will not be this way within her reach. No other people should be strapped down, black-bagged, and choked in the name of crime prevention.
MADD: What are you doing?
Mothers Against Drunk Driving gave Oborski an award the same year he illegally arrested Antonio Buehler. A representative from MADD watched the entire Callaway trial. At what point, MADD, does your moral authority cease protecting the public and start hurting us? My daddy’s rule when I was a teen and in college was that if I got arrested, he wouldn’t post bail – I’d have to sit in jail. But, I think that if I was choked by people tasked with protecting and serving the community, Daddy would be sitting in that hallway, praying for justice, as he watched the men who hurt his daughter strut by and complain to each other about “those fucking defense attorneys.” (Yes, that’s an exact quote). And, that’s just what Caroline’s father did. Her father sat in the hallway, having seen his daughter’s bruises, and seen her suffer through PTSD, and he prayed for justice. MADD – you need to realize that Fathers have had Enough of Damned Unconscionable Police Practices – they’re FED UPP. MADD, if Caroline had died in the process, would you still feel your moral outrage at her alleged DWI? Because that jury must have heard her father’s prayers, and they said by their verdict, NOT GUILTY.
Reposted with permission from the MILLIE L. THOMPSON, ATTORNEY blog.
2014
Trial for the Controversial New Year’s Day Arrest of Antonio Buehler Concludes Monday, October 27th at Austin Municipal Court
Tomorrow morning, Monday, October 27th, at the Austin Municipal Courthouse, what has been perhaps the most exciting and tense Class C Misdemeanor trial in recent Austin history will finally come to a close.
On Friday, in a surprise move that would extend the trial into a third day, Austin City Prosecutor Matthew McCabe recalled Officer Robert Snider and called APD Academy Instructor Raul Carrillo to testify. Calling Snider back to the stand was a curious move, considering that Snider did not endear himself to the jury for the way he described his decision to pull Norma Pizana out of the passenger seat of a car for texting on her phone, and for his admission that he threatened to arrest a pedestrian bystander who observed the arrests of Buehler, Pizana and Hill. Snider ended up leaving the witness stand without answering a single question.
Officer Carrillo, the prosecution’s last minute star witness was perhaps an even bigger mistake. Without being qualified as an expert, Carrillo could not testify to the specifics of Buehler’s New Year’s Day arrest, so instead he was forced to answer hypothetical scenarios. McCabe tried to lead Carrillo down a path that would suggest that the actions of Officers Patrick Oborski and Robert Snider were justified. Buehler’s attorney Millie Thompson, meanwhile, walked Carrillo down a hypothetical path that mirrored the New Year’s Day arrest, leading Carrillo to acknowledge that Oborski should not have approached Buehler, should have probably backed up when he realized he was too close to Buehler, and that Oborski’s actions were tantamount to assault.
Earlier in the day the, Austin Police Officer Jermaine Hopkins crossed the “thin blue line” to testify on behalf of the defense. When asked why he chose to step forward, Hopkins said that he couldn’t in good conscience allow the Austin Police Department to trample upon Mr. Buehler’s civil rights. Hopkins helped correct what the Defense believed were misstatements by the Prosecutor, Oborski, and Snider about the law regarding probable cause and reasonable suspicion. Thompson later filed a motion with the judge to properly instruct the jury on the law before deliberations.
Additionally, Antonio Buehler had his opportunity to testify before the Defense rested their case. Buehler got choked up early on, describing how Pizana’s cried, “Help me please!” as Oborski and Snider ratcheted her arms up behind her back, but he recovered quickly to describe in detail everything that followed. Buehler continually referenced the videos as he explained how Oborski approached him and begin to shove and push him without cause, well before there was any claim of Oborski being spit on. Buehler also admitted to ignoring Oborski’s instructions to put his hands behind his back, as he deemed such instructions to be unlawful given what he believed were previous illegal acts by both Oborski and Snider. While Buehler’s testimony was expected to take 2-3 hours, McCabe apparently did not seem eager to question Buehler and quickly passed the witness.
“I was really disappointed that McCabe didn’t ask me more questions,” Buehler said. “He continued, “Every time McCabe asked me a question, we were able to highlight how malicious and dishonest their case is, which explains why he was so eager to get me off the stand. I hope the jury saw what was evident to everyone else in the courtroom—that unlike the prosecution, we didn’t have to try to keep our lies straight—all we had to do was speak the truth. I hope that the people of Austin are the next ones to recognize the incredibly disturbing lengths that the Austin Police Department and the City Prosecutors have taken to try to cover up the crimes of two corrupt cops.”
Buehler’s attorney Millie Thompson said, “The police arrested an innocent man. By doing so, they guaranteed a long and expensive court battle. We had a three day trial. Three police officers testified for the State. Six witnesses testified for the defense. Six Austinite jurors. The lost man-hours and State’s resources that went into prosecuting this frivolous Class C Misdemeanor with a maximum $500 fine are extraordinary – all to protect APD’s unconstitutional conduct. Do Austin tax payers want their money spent this way? ”
Antonio Buehler is an entrepreneur in the education space, a West Point, Stanford and Harvard graduate, and the founder of the police accountability activist group, the Peaceful Streets Project. Buehler currently has a pending Federal Civil Rights lawsuit against the City of Austin as well as several Austin Police officers, including Patrick Oborski and Robert Snider.
2014
Press Release: Peaceful Streets Project Response to APD’s Latest Attack on First Amendment
In response to the Austin Police Department’s (APD) continued attempts to prosecute Antonio Buehler, the Peaceful Streets Project will be launching a series of actions from October 21st to the 24th. They are attempting to convict him on several charges, to include a charge of failing to obey a “lawful order” associated with his controversial New Year’s Day, 2012 arrest. In a recent release from Antonio Buehler, he explained the initial arrest:
“On January 1, 2012, I saw two Austin cops assaulting a woman who had not committed a crime. When I tried to take pictures and question the cops, I was assaulted and charged with a felony crime of spitting in a cop’s face (2-10 year prison sentence).
Fortunately, numerous witnesses came forward, including one who took video of the incident. Every witness said the cop lied and the video proves it. However, the APD pushed forward with their charges against me.”
In March of 2013, APD failed to get a grand jury indictment against Antonio Buehler for any of the charges that he had been arrested on. However, they were curiously able to have him indicted on four Class C Misdemeanors for alleged crimes he was never arrested on, an unheard of action taken against a victim of police abuse by a grand jury. Antonio pushed forward with a civil suit in the wake of the grand jury ruling. In an attempt to undermine the validity of the civil suit, APD and the City Attorney are pushing forward on the Class C Misdemeanor charges even though Buehler was clearly exercising his First Amendment right according to SCOTUS. Through this action, the APD violated the 1st Amendment in practice, while hypocritically claiming to adhere to the law. The first court date is set for October 23rd at 8:30 a.m. at Municipal Courthouse courtroom #2A.
On Tuesday, October 21st, the Peaceful Streets Project will host a meeting to address the court case and to organize the direct actions we will be launching in response. The meeting will be held at 7 p.m., Tuesday, October 21st, in the indoor back room of Spider House Cafe, 2908 Fruth St. The actions will begin with a ceremonial copwatch on the west end of North Lamar in the area of the initial incident on New Year’s Day, 2012. Then at night, after the first day in court we will launch continued copwatch in the west end district as well as copwatch actions throughout the 6th street area. It is believed that the officer in charge of the task force that initially arrested Antonio Buehler, Adam Johnson, has been reassigned to horse patrol on 6th street. These actions are prepared to continue nightly until a dismissal or non-guilty verdict is reached.
The court system belongs to the same corrupt system as the police department. Historically it heavily, if not infinitely, favors the police no matter how wicked their deed. But the streets themselves belong to the community of the people they assault, oppress and exploit. Here in these streets the Austin Police Department will answer for their deeds through the use of non-violent actions utilizing our First Amendment rights.
2014
BREAKING: Surveillance Video from Controversial New Year’s Day Arrest of Antonio Buehler Released for Public Viewing
For the first time, the public is able to view the 7-Eleven surveillance video that captured the controversial arrest of Antonio Buehler on January 1, 2012.
Buehler made headlines after he photographed and called out two Austin police officers for assaulting an innocent woman in the early morning hours of New Year’s Day, 2012. After threatening Buehler with the words, “Worry about yourself!” Officer Patrick Oborski assaulted Buehler, and filed a Felony 3 – Harassment of a Public Servant charge against him for allegedly spitting in the officer’s face – a charge that carries a two to ten year prison sentence.
Facing felony charges, Buehler went to the public to ask for witnesses to step forward, and multiple witnesses did. A local entrepreneur and a local academician who were both in the 7-Eleven parking lot shared their stories with the local media, and a gentleman across the street took cell phone video of the incident. With witnesses and the video, coupled with Buehler’s background which included degrees from West Point and Stanford, prior service as an Airborne Ranger qualified Army officer, extensive volunteering and education work with children, his role as a designated driver that night, and no previous run-ins with law enforcement, the incident garnered significant media attention and forced the Austin Police Department to resort to a slander campaign against Buehler and the woman who were assaulted. Additionally, despite countless requests from concerned citizens and the media, APD refused to release any audio or video from the incident.
Buehler leveraged his diverse following of supporters to launch the Peaceful Streets Project to encourage people to know their rights, stand up for the rights of one another and to hold police accountable for their actions. The Peaceful Streets Project handed out 100 free video cameras to residents of Austin to document police action, they organized hundreds of cop watch events, they hosted over a dozen Know Your Rights training sessions, and they organized two police accountability summits.
With the rise of the success of the Peaceful Streets Project, the Austin Police Department increased their harassment of Buehler and his supporters. APD arrested several Peaceful Streets Project volunteers for filming, including Buehler who they arrested three more times.
Buehler’s charges remained outstanding for 15 months before a Grand Jury finally no-billed Buehler. However, in a stark departure from traditional Grand Jury practices, they indicted him on four Class C Misdemeanors that he was never charged with. With Class C Misdemeanor indictments, Buehler was handicapped in his ability to file a Federal Civil Rights lawsuit against the City of Austin and the police officers who illegally arrested him. He ultimately retained Daphne Silverman and filed suit against APD officers Patrick Oborski, Robert Snider, Adam Johnson, Justin Berry, Chief of Police Art Acevedo and the City of Austin just before the two year anniversary of his controversial arrest.
Nearly three years after his arrest, this Thursday, October 23rd, Buehler is finally going to get his day in court. At the Austin Municipal Court courtroom #2A, at 8:30 a.m., Buehler will defend himself against a charge of Disregarding the Order of a Police Officer for not putting his arms behind his back after Oborski illegally and without probable cause assaulted Buehler for exercising his First Amendment rights. The outcome of this case will help determine whether or not the City of Austin moves forward with the other three Class C Misdemeanor charges against Buehler, and it will influence the direction of Buehler’s civil suit against the police officers and the City of Austin.
Buehler said he is looking forward to Thursday. “For nearly three years, the Austin Police Department has been slandering me, harassing me, and targeting me for illegal arrests. Since day one, I wanted to share my story and all available evidence with the public to prove my innocence and to put a spotlight on the conduct of Patrick Oborski and the other officers within the Austin Police Department. Meanwhile, the Austin Police Department has suppressed all evidence related to my arrests while intentionally feeding lies about me and their other victims to the media. I’m glad the 7-Eleven surveillance video that shows that Oborski was the aggressor and that he lied about me spitting in his face is finally being released. Further, through the trial on the 23rd, Austin will finally be able to hear from witnesses who were at the scene, see the dash cams, and listen to the audio that further exposes the lies of Patrick Oborski and the subsequent cover up by the Austin Police Department.”
7-Eleven surveillance video: https://www.youtube.com/watch?v=Q3kvi0Oyo0U
2014
Cops commit thousands of violent crimes per day
From Eric Garner to Michael Brown, it has become more and more apparent to more and more Americans that the police state in this country is out of control. Despite endless attempts by police, their cop apologist friends and families, politicians, corrupted media and overt racists, thoughtful people cannot explain away a seemingly endless array of “isolated incidents” in which cops murder unarmed people.
The events in Ferguson, MO are forcing a national debate on the appropriate role of police and their use of force. We believe that conversation must happen if we are going to move toward a more peaceful society. And yes, we believe that there are many factors at play beyond criminal cops. We believe that racism, poverty, corporate interests and public union interests, and a society that is conditioned to blindly respect authority are all factors that have helped increase the aggression and criminality of so many cops. In fact, we believe that the problem is systematic; many well-meaning cops end up becoming the criminals they thought they would be fighting.
While the murder of unarmed people should be unacceptable in an advanced civilization, there are tens of thousands, maybe even hundreds of thousands of crimes committed by police against the public each year. These crimes run the gamut from bad to horrible. These crimes include false arrests, assault, rape and framing people for crimes they didn’t commit, among others. With tens to hundreds of thousands of victims of police abuse each year, one might expect there to be tens of thousands of police officers sitting in prison; however, cops are able to brazenly commit crimes in front of witnesses and video cameras and get away with those crimes almost every single time. Sadly, innocent people don’t have such good luck. It is estimated that between 2.3% and 5% of all prisoners in the U.S. are innocent, meaning there may be 100,000 innocent people in prison in America. Layer on top of that all of the people who are in prison for non-violent, victimless crimes (such as drug use) and it becomes apparent that justice is a joke.
While we encourage people to get mad over the senseless killings of unarmed people such as Eric Garner and Michael Brown, we also want people to get mad over the constant harassment, victimization and imprisonment of people who manage to escape a police encounter with their life still intact. These victims are everywhere to be seen, however they are often hiding their struggles because they live in a society where victims of police abuse are blamed for their misfortune.
We also encourage people to step forward and fight back whenever they can. It is a shame that more people don’t sue police and their municipalities when they are victimized. We understand, though. Filing civil suits is hard work and there are far too few civil lawyers willing to take cases against the police; particularly if there isn’t serious bodily injury. Further, if a victim doesn’t win their criminal case, most lawyers won’t even consider a civil suit.
John Pharr of Austin, TX is a recent victim of police abuse who has had the resources and courage to fight back. On August 14, 2012, APD officer Christopher Willie pulled over John Pharr under suspicion of driving while intoxicated. When Pharr didn’t obey Willie’s arbitrary orders quickly enough, Willie ordered Pharr out of the vehicle. Willie then threw Pharr on the ground, and landed a few punches on Pharr.
Fortunately, Pharr survived his encounter with this violent cop, and now has filed a civil suit against the cop and the city of Austin. In pursuing the civil suit, Pharr and his lawyer realized that not only did the cops commit multiple felony crimes by assaulting him, but they also perjured themselves in their affidavit. And while the cops will never be charged with their felony crimes, this civil suit might raise awareness with a few more people.
While we recognize that not everyone can file suit against the cops who abuse them, we hope more and more will take the path that Pharr has taken. Winning the fight against violent, criminal cops will not be easy, and there is no silver bullet. Voting won’t solve the problem, nor will filming police. Civil suits, won’t either. However, by using every peaceful means available to us, we can help drive the national debate further, put a human face on the issue of police abuse, and begin to make more and more people aware of the out of control police who have destroyed the lives of millions of Americans.