Peaceful Streets Project founder files complaint against cop who interfered with cop watch and assaulted him
The Peaceful Streets Project was founded by Antonio Buehler in response to the the Austin Police Department cover up of the crimes committed against him and another person by Officers Patrick Oborski #4736 and Robert Snider #6846 on January 1, 2012, as well as numerous other cases of police abuse, corruption, crime, and violence that were uncovered in the months following the New Year’s Day incident.
Buehler and several other members of the Peaceful Streets Project initially tried to use the avenues provided to them by the system to get justice through formal complaints, pleas for criminal charges, and civil suits. In each instance, despite PSP members’ innocence, compelling evidence of cop misconduct and crime, and evidence of lies and perjured documents by the offending police officers and their superiors, the cops were not only cleared of criminal wrongdoing, they were neither fired nor disciplined for their misdeeds. In fact, while politicians and the police used the media to slander PSP members, some of the cops were given awards in spite of their criminal conduct.
In the face of such gross injustice (not to diminish the even greater injustice of Austin cops raping and murdering people), which required not only the support of the entire police chain of command, but also the support of local politicians and prosecutors, the members of the Peaceful Streets Project quickly came to realize that the system would not and will never police itself. Nor does the system have any interest in reforming itself from violent institutions that expend enormous resources to prey upon the marginalized and oppressed into peaceful institutions that promote accountability and justice while also ensuring that their actions do not further harm the marginalized and oppressed.
The Peaceful Streets Project instead is focused on engaging in direct action tactics that will draw a dedicated cadre of activists who will ultimately empower communities to engage in larger scale, coordinated actions that will create alternatives to and ultimate make obsolete the violent status quo known as the criminal justice system.
While our focus is on imagining, planning and engaging in radical direct actions, some of us have decided that we will once again utilize certain establishment approved processes when appropriate. We do so knowing that these processes are meant to provide the veneer of accountability while fooling the populace into believing they have a say in how the system is operated. We do not expect our actions to actually result in police officers or other officials being disciplined, fired, arrested, or tried for their corruption and crimes. We simply plan to use these processes to highlight the absurdity that is the system by formally documented the efforts that police, prosecutors, judges, politicians, and the media will go through to prevent justice from prevailing. While the system may eventually sacrifice a cop to the process in order to make the public believe that sometimes the system works, those who are paying attention will recognize that far more often than not the worst criminal cops are the ones who are most protected by the system.
We will post some of those efforts on this webpage. The first attempt is a formal complaint that Antonio Buehler has filed against Officer Zachary Scott Baldridge #7042 for his actions on the night of June 13, 2015. Buehler was with a team of Peaceful Streets Project copwatchers that same evening in downtown Austin. When the Peaceful Streets Project team observed a disturbance and policing surrounding a young man, the PSP team moved in to film the incident. Baldridge zeroed in on Buehler and blocked his view. Each time Buehler tried to move to a different position to film the incident, Baldridge moved to place his head and body in front of Buehler’s camera. Eventually, Baldridge shoved Buehler when he allowed Baldridge to block his view, which constitutes assault.
The video to that incident is embedded in this post, and the formal complaint can be found here: 15.12.02 Baldridge Complaint Affidavit for upload. Consider this an evolution of our Police Abuse Complaint Department. Through the video and the complaint, it should become quite apparent that Baldridge (and probably SGT Randy Dear #4422) broke both Austin Police Department policy and Texas state law. We will provide you follow ups on the progress and outcomes of the so-called disciplinary and criminal processes that are supposed to take place in the aftermath of documenting these policy violations and cop crimes. Don’t hold your breath that justice will be served — for that we need you to get involved in Peaceful Streets Project actions.
UPDATE 1: On December 3, 2015, we were informed that no use of force report was filed. That means at a minimum that Officer Zachary Baldridge failed to file a required report, and the SGT Randy Dear failed in his duty to ensure the report was filed.
UPDATE 2: On February 4, 2016, we were informed that the case was not being submitted to SIU for an investigation into criminal action by Officer Zachary Baldridge. So that means that either cops are allowed to assault cop watchers, or that shoving someone in the chest in not assault. It would be interesting to find out if the Austin Police Department is willing to allow people to shove their coward cops in the chest.
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 ProjectBy every measure of the law, none of the Peaceful Streets Project cop watchers were interfering with the stop. They were far enough from the stop that they were not impeding the investigation. Oborski calls out Antonio Buehler by name, and tells him to back up several times, to which Buehler responds by asking “how far” he has to move back. Oborski then said, “back up until I tell you to stop, back up.” Buehler backs up, then asks Oborski once again how far he needs to move back, but Oborski doesn’t respond.
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.
On August 2nd, I was arrested while filming police officers downtown. It marked the fifth time that I have been wrongfully arrested by the Austin Police Department in retaliation for exercising my constitutional right to film the police in an attempt to hold them accountable. Fortunately for me, I do not have to rely on police video to ensure that I am exonerated of the charges pending against me.
APD continues to mislead the public on the well-established right to film the police in public. In addition to being the document that all police officers swore to uphold and defend, the U.S. Constitution is the supreme law of the land. Among the first rights enshrined in the Constitution are freedom of speech and freedom of the press. Contrary to claims by Chief Acevedo, it is impossible for someone to illegally film police officers if they are peacefully doing so in a public space. The pro-First Amendment position that we have the protected right to film the police has been reaffirmed numerous times in Federal Courts, from Glik v. Cunniffe in the First Circuit to my lawsuit against the City of Austin in the Fifth Circuit.
Acevedo tries to confuse the public by claiming that his officers are not arresting people for filming, but merely for their “conduct” while filming. But there should be no confusion—the only questionable conduct is that of police officers illegally arresting lawful people. Acevedo also tries to confuse the public by claiming that the Peaceful Streets Project is interfering with arrests. However, all such claims are baseless. They have yet to provide a single example of a Peaceful Streets Project member physically interfering with an arrest. Legally, one cannot interfere just because they happen to be holding a camera in their hand.
The Peaceful Streets Project is a grassroots initiative that grew out of the community support I received after I was arrested on January 1, 2012. That morning, I witnessed Officers Patrick Oborski and Robert Snider abusing a woman who had not committed any crime. I began to question the officers and attempted to take pictures with my cell phone. Because I had the audacity to exercise my constitutionally protected rights, I was arrested and charged with the felony crime of spitting in a police officer’s face. Fortuitously, half a dozen witnesses were willing to come forward and testify that the police lied about the event, and one took video of the incident.
What I did not have access to for the two years and nine months after the arrest, while APD continued to slander me by claiming I spit in Oborski’s face, were the dash cam videos that also proved my innocence. APD and prosecutors also failed to turn over the 7-Eleven surveillance video they had in their possession, which we fortunately acquired through other means. In subsequent arrests, they also confiscated three Peaceful Streets Project cameras that had video of Austin police illegally arresting us for filming them. It took us about two years to get those videos back from the city. And the city tried to quash our requests for HALO video that show the events leading up to my arrest on August 2nd.
Acevedo disingenuously claims that they are now rolling out body cameras to increase transparency. However, body cameras without access will not increase transparency, they will become another tool for the police to abuse people they find undesirable. The opposite of transparency is the status quo in which APD suppresses video of police misconduct while misrepresenting those incidents by referencing videos that they refuse to allow the public to see.
If APD were really interested in transparency, they would acknowledge that the six videos of my most recent arrest prove that the police officers lied in order to justify another illegal arrest. And they would encourage the public to record the police.
* This is in response to their op-ed Body cameras might illuminate right and wrong when recording police. I tried to have this op-ed published by the Austin American-Statesman but like many media outlets, they choose to let the lying cops dictate the narrative of the story, and to have the final word.
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.
Antonio Buehler was found Not Guilty on the charge of Disobeying a Lawful Order last evening, after six hours of deliberation by the jury.
During closing arguments, Millie Thompson, Buehler’s defense lawyer, argued that Buehler did not have to obey Oborski’s orders to put his hands behind his back because Oborski’s orders were illegal. They were illegal because the detention, assault and arrest of Norma Pizana were illegal, and because the detention and assault on Buehler in advance of his arrest were also illegal. She implored the jury to review the videos and audio if need be, to read carefully the jury charge, and to stand by their convictions and to not be intimidated by the Austin Police Department that had upwards of a dozen police officers in the court during the trial. She also encouraged them to have the courage to stand up for others the way that so many stood up on New Year’s Day, 2012. Norma Pizana stood up for the rights of her driver. Buehler stood up for Pizana. Numerous witnesses then came forward to stand up for Buehler, including a witness who testified that Officer Robert Snider then threatened him with arrest. Finally, Jermaine Hopkins, an Austin Police Officer said that he couldn’t in good conscience allow Buehler’s civil rights to be violated, so he crossed the thin blue line to testify on behalf of the defense.
Thompson had a well prepared defense that included a T-chart that she wrote on a white board that compared the legal orders that were given by the officers versus the illegal orders. The legal orders side was left blank while the illegal orders side had at least a half dozen listed. She also questioned the notion that Buehler was a threat, highlighting that even Pizana who was in extreme distress as she was being assaulted knew that Antonio was holding a camera, not a potential weapon as asserted by City Prosecutor Matthew McCabe; that Buehler never got in the face of Oborski or Snider; and that Buehler never articulated a threat of any sort towards the police, but instead simply asked them why they were assaulting Pizana. As an alternative to him being a threat, she wrote on the other half of the whiteboard that what really bothered the police officers was that he questioned their manhood. He did so, Thompson said, because he was the one who was in control of himself that night; he questioned the cops on their aggressive assault of an unarmed, nonviolent woman; and he spoke to the police officers as if he were a father figure as Snider claimed, as if the cops were naughty little children.
The Prosecution then presented their closing arguments, again falling back on the notion that nothing the police said or did before the order to put hands behind the back mattered, and that Buehler could only be judged based on his decision not to at that point. They also argued that any police officer has the right to handcuff anyone so long as they deem the person a threat – an argument never presented before by Officer Oborski. The Assistant City Prosecutor who tried the case, Matthew McCabe, continued with his ethically questionable antics during closing arguments. He seemingly intentionally misstated the law over and over again, despite objections by the Defense. He also decided to demonstrate how palms forward, arms out to the side, may not be a universal symbol of non-aggression, but instead a very challenging aggressive stance. He threw his arms out to the side, threw his his chest forward, and stepped toward the jury numerous times demonstrating how Buehler’s efforts to deescalate a situation with a police officer who had assaulted him might actually be a threatening gesture. The move likely backfired, as several jurors who had seen videos showing only Oborski advancing toward Buehler, had looks of disgust on their face.
Buehler was elated at the ruling. He said, “Finally, after three years, I no longer have charges hanging over my head from an incident in which I saw two Austin Police Officers violently assault an innocent woman, and in which I was violently assaulted for filming and speaking out about the crimes of Officers Patrick Oborski and Robert Snider. The lengths that the City Attorneys and the Austin Police Department have gone to try to railroad me and permanently stain my record with a crime they know I didn’t commit are despicable. I hope that the people of Austin begin to realize that the police in this city are not here to protect and serve the people of Austin. I also hope that the people of Austin recognize the immense courage of the jury and all the witnesses who were willing to stand up and do the right thing, instead of folding under the threat of retaliation by the Austin Police Department.”
He went on to reiterate points made by his attorney Millie Thompson, “There were so many heroes in this trial. Norma stood up for Ashley. I stood up for Norma. Numerous people stood up for me at that 7-Eleven both that night and in the aftermath of my arrest. And during the trial a police officer stood up for me by crossing the thin blue line. And now five jurors stood up for justice in the face of lies and intimidation from the city prosecutors and police.
Thompson added, “APD delayed trial. APD withheld evidence. And the prosecution tried at every turn to protect APD by obstructing our ability to lay out the facts and law for the jury. The jury, however, saw this case for what it was, and said by their verdict: “Not Guilty.”
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.
Those who showed up for the Class C Misdemeanor trial against Antonio Buehler on Monday were expecting to hear closing arguments and receive a jury verdict before lunch, but they were surprised to find that the case would not end by lunch. A juror walked in about an hour before the trial was expected to resume and asked the Judge to be excused from duty. The Defense and the Prosecution were both willing to allow the juror to leave for personal reasons; however, the subsequent move for a mistrial by City Prosecutor Matthew McCabe left many scratching their heads as to why the City of Austin was so eager to prevent a jury from making a decision in what has now become a four-day trial (over a seven day period).
Buehler’s defense lawyer Millie Thompson responded by moving to allow five jurors to deliberate in order to prevent forcing multiple witnesses from out of town to attend another trial, and to save the taxpayers the expense of another three- to four-day trial over a Class C Misdemeanor with a maximum penalty of a $500 fine.
Spectators who have been watching the jury trial keep questioning the motives and tactics of McCabe and the City Prosecutor’s Office. While Buehler has Thompson to defend him, the City has had six to eight members of the Prosecutor’s Office assisting McCabe throughout the trial. In addition to being filled with City prosecutors, the courtroom has also been filled with Austin Police Department officers. Throughout the trial, there have been at least six police officers in uniform and in plain clothes passing time in the gallery. One of the spectators has been Assistant Police Chief Jason Dusterhoft. In his previous role as the Commander of Highway Enforcement, Dusterhoft oversaw both Officer Patrick Oborski, who Buehler alleges illegally assaulted and illegally arrested him on New Year’s Day, 2012, and Sergeant Adam Johnson, who Buehler alleges illegally arrested him on September 21, 2012. Both Oborski and Johnson are being sued by Buehler.
McCabe’s antics during the trial have been as unnerving for some as has the show of force by the Austin Police Department. In addition to trying to shame Norma Pizana, the woman who was initially assaulted by Officers Robert Snider and Patrick Oborski, he often distracted witnesses and jurors with countless huffs, puffs and sarcastic laughs. At one point, while Buehler was explaining how the action that Snider and Oborski took against Pizana was a recognized torture move, McCabe began to laugh, and was rebuked by Buehler for making light of torture. McCabe has also consistently misstated the law regarding reasonable suspicion, probable cause and Terry stops, and he has allowed his witnesses to do the same. Despite frequent objections by Thompson, McCabe has continued to push forward in the apparent hopes of convincing the jury that the officers were acting under circumstances that they had never before alleged or testified to.
Additionally, spectators and legal observers were dumbfounded when they heard that prosecutors had withheld discovery from the defendant. The defense did not receive the dash cam videos until 2 years and nine months after the initial arrest! Additionally, the prosecution never acknowledged that they had the 7-Eleven surveillance video until they realized the defense had acquired it through other channels.
Buehler said he was concerned about his right to a fair trial. “We came into this trial hoping that the truth would win out. Unfortunately, it seems that the Prosecution’s bully tactics and misconduct have gone far beyond just misleading the jury about the events of New Year’s 2012, it has now encroached upon prosecutorial misconduct as they are deliberately misleading the jury on what the law states.”
Buehler’s attorney Millie Thompson had more to say. “The City’s conduct regarding Antonio Buehler is almost like a law school exam: ‘How many Constitutional Law violations can you spot?’
“First, his First Amendment rights were violated by APD when they attacked him for asking questions and taking pictures. Then, APD officers illegally detained and assaulted him in retaliation for that First Amendment protected speech. Third, they let felony harassment of a public servant charges stay pending for more than a year when – we now know – the officer didn’t think there was any intentional conduct. By leaving the charges pending without informing his chain of command that he didn’t believe the alleged spit was intentional, he violated Mr. Buehler’s rights to Due Process. Fourth, the City put this Class C ticket on the back-burner for 2 years and 10.5 months before taking it trial – a violation of the Speedy Trial Clause.
“And, now, the piece de resistance: The City wants to violate the Double Jeopardy Clause by asking for a mistrial so they can have a do-over.
“I was born in Austin and went to Reagan High School. My parents were born here; my grandparents were born here. My great grandfather Kenneth Threadgill, who founded Threadgills, was born here. Austinites expect more from their local government than what they’ve seen in this case.”
Day four of the Buehler trial begins at 8:30 a.m., on Wednesday, October 28th at Courtroom #2A of the Austin Municipal Courthouse.
DEFENDANT’S MEMORANDUM OF LAW OPPOSING THE STATE’S MOTION FOR MISTRIAL: Opposition to Mistrial
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.
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