The Ghosts of Jan Brewer: crime victims in custody.

National Crime Victims' Rights Week, 2013:

PLEASE REMEMBER VICTIMS IN AZ STATE CUSTODY,

and DEMAND THAT BREWER BE ACCOUNTABLE...

The Ghosts of Jan Brewer: Victims of Crime and Neglect

 in AZ Department of Corrections' Custody

 (Firehouse Gallery, Phoenix: July 2012)

I wrote the following letter to the administrator for the Arizona Department of Corrections' Victims Services programs two years ago now, with no response to it whatsoever from anyone there - not ever. The violence and despair behind bars in that time has only worsened, too.

As I explained at the time, the questions I posed were not rhetorical - I really needed help for Dana Seawright's mom. Dana was killed in July 2010 by the West Side City Crips in Lewis Prison for having a Mexican boyfriend. His mother, Kini, was devastated by his homicide, lost her job and home and was being victimized by Brewercare and the AHCCCS cuts. She tried to access victims' rights resources for crisis intervention, trauma support, and concrete emergency assistance, but her request was denied by the AZ Attorney General's office. Since her son was in custody at the time he was murdered, she was denied the victims' rights and resources other mothers of murdered children have.
 

That happened thanks to all you victims' rights advocates who helped pass the beloved 1990 Victims' Bill of Rights amendment to the AZ Constitution. It explicitly excluded prisoners from the same rights the rest of us have when raped, beaten, or locked in a cage in the desert to die. Those of you who really care about all crime victims need to look at the consequences of that decision to sell out the voiceless, and help me change the constitution before the state prisoner homicide and suicide rates double again. 

The prosecutors and peace officer unions in this state no doubt played a big role in assuring that people in custody were constitutionally deprived of the rights of victims, as well as their survivors. Few people are liekly aware that the AZ Attorney General's office, which holds the checkbook for most victims rights funds in this state, is the same entity which defends the state against wrongful death suits when mentally ill men like Shannon Palmer are castrated and murdered in state custody, or women like Marcia Powell are left dying in the sun by her guards, or when five officers stand around and videotape a young man bleeding to death without trying to offer first aid. 

It seems to be a conflict of interest for the AZ Attorney General's office to be hailed as champions of victims' rights when the most disempowered, vulnerable populations in the state - the incarcerated mentally ill, elderly, cognitively impaired, physically disabled, and "delinquent" children - aren't protected by their office. The last place many crime victims and their survivors in this state can look to for justice, in fact, is the AZ Attorney General's office.

Start talking to your legislators about this, families. And I hope all you advocates for justice start talking to the crime victims and survivors who you long since excluded from your midst. It is their exile and your indifference to their fate which makes the worst horrors of prison life all the more likely to be perpetrated on them...

SOS from Arizona's Other Death Row: 

 Victims of Crime and Neglect  in AZ Department of Corrections' Custody

 (Firehouse Gallery, Phoenix: July 2012)

-----------------

April 19, 2011

Jan Upchurch, Administrator
Office of Victims' Services
Arizona Department of Corrections
1645 W. Jefferson - MC250
Phoenix, AZ 85007


Dear Ms. Upchurch;

I am a human rights activist, artist and blogger in Phoenix, and have been researching violence and suicide in AZ state prisons over the course of the past 2 years. This has opened my eyes and brought me into considerable more contact with victims of violent crime in ADC custody and their survivors than most members of the public. Do prisoners or the family members of prisoners qualify for victims' services through your office if they/their loved ones are crime victims while imprisoned at the ADC? If not, who advocates for them when prisoners are assaulted, raped, murdered, or neglected and abused (as in the case of Marcia Powell)? Additionally, who fights for policy changes that may prevent further victimization behind bars?

Many of those I see victimized at the ADC are evidently psychiatrically or developmentally disabled, and can't advocate for safer cellmates or protective segregation, or fight abusive COs or policies effectively through the grievance process or other formal systems - which arguably gives rise to more self-injurious behavior and violence out of frustration or sheer terror, a liability even if their inability to access legitimate processes keeps down the grievances and potential lawsuits. Mentally ill prisoners don't seem to be served by either DES' Protective Services Division or the AZ Center for Disability Law when victimized in custody, either. In fact, I believe all parties I just mentioned are in direct violation of the American with Disabilities Act and/or other federal mandates, as they pertain to disabled individuals victimized in custody, regardless of the AZ constitutional limits on their rights as crime victims, per se.

Furthermore, the perpetrators of prison violence and other institutionally-based crime - be they staff or inmate - are apparently seldom street-charged or prosecuted, suggesting that neither the Criminal Investigations Unit nor county attorneys hosting prisons take an aggressive role in promoting the rights of victims in custody, which seems to just tell criminals that it's who they victimize, not what they do to others, that really matters. How does the ADC plan to rectify that?

Given what we spend to keep people locked up, prison is the one place in society where crime should be under control and victims are promptly and professionally accommodated. I see no one who prisoners or families can go to out here when violent crime befalls them in prison, though - without being charged a fee for advocacy or counseling - which means these victims are easily victimized (and perhaps criminalized) again, if you don't serve them either. Even the Attorney General won't help them - he defends the ADC.

These are pointed questions, I know, but they are not rhetorical. I imagine there may be a conflict of interest with your office, but that shouldn't preclude a third party providing those services under contract with the state, just like they do for other crime victims and their families. I need this info ASAP in order to advise people who were victimized (or survived homicides of prisoners) in ADC custody of what resources are available to them; at least one grieving mother I've heard from is living on the verge of homelessness and I'm not sure where to refer her.

I see this as a serious problem underlying the continuation of prison violence, especially against vulnerable adults, made so by the symptoms of their disabilities. James Jennings is a tragic example of someone clearly killed because of their mental illness; both Shannon Palmer and his killer, Jasper Rushing, were reportedly pleading for protection - and both somewhat psychotic - when they were celled so fatefully together. Duron Cunningham reported that he was raped and assaulted before he killed himself. The list goes on.

I plan to begin a public education campaign in the coming weeks to address the issue of victims' rights (or lack thereof, under the state constitution) in custody, particularly as they apply (or don't) to surviving family members. The ADC can hinder that effort with propaganda obscuring the victimization of prisoners, help advance the field of victims' services by exploring and answering these questions thoughtfully, or do nothing but get out of the way. I invite your office into a dialogue about it, however, as I want to believe you serve for good reason. I don't know whether protecting the state or our citizens is your primary concern, though, as I don't know you. It should not have to be mutually exclusive, but seems to be given the litigation expected to follow incidents of violent crime against persons in custody.

Taking responsibility for the harm one causes or allows to be caused to another is part of the ethos of the criminal justice system. Making amends to victims - individuals, businesses, and communities, is seen as central to any kind of restorative justice, which the State of Arizona heartily endorses, as evidenced by the practice of ordering restitution when sentencing, and penalizing offenders further for failing to meet said orders. What does the ADC practice, when it comes to their own crime victims, though? Even if prisoners have no rights as victims, what about the principle of preventing future crime by making an example of perpetrators today? Why should violent criminals be provided with such blanket permission to practice on more victims before they leave prison, where they are supposedly being punished...

...None of this bodes well for how I see the prison privatization project going: the ADC is responsible for Kingman's lack of security, ultimately, and I saw nothing in the RFPs that were put out that indicates a particular concern for victims' rights. In fact, the objective set down by the ADC of making sure that no more than 1% of grievances are ultimately upheld troubles me. Correct me if I read that wrong: it just seems like an incentive to deprive prisoners of due process rights when they are harmed, not to protect them. There's no indication that private prisons would even issue press releases about prisoner deaths or abuse, or be accountable for their health and safety to the public in any transparent way. They're harder to see into than the state prisons are, giving rise to more risk of victimization.

I'm sure that given your position, you can understand my frustration and concern over the constitutionally-diminished value of prisoner's lives and the gravity of their suffering in custody, placing their very survival secondary to the state's interests in cutting costs. It manifests toxins at every level of society, such that ugliness flows from the community into the media whenever a prisoner kills themselves - look at the "comments" after every ADC press release on a suicide. It's tragic, what has become of us since the PLRA and the victims' rights amendments to state constitutions were made exempting prisoners from fundamental protections: our entire society has devolved, and I think I can make the connections.

I also think I can make the case that both these prisoners and their families are deserving of the same constitutional guarantees given all other citizens and non-citizens alike, when it comes to their welfare. Having fought most of my life to keep my own brother out of prison and harm's way - surviving the devastating suicide of a loved one myself, in the process - I'm free to tell that part of my own story, liberating others from the shame that may keep them from telling theirs. I have been a victim of violent crime, and cope now with a mood disorder and the remnants of PTSD; not much frightens me anymore. I've embraced the mothers of ADC's homicide victims, and helped my community bury our dead; I am intimately connected to this struggle. I will not relent until I know that AZ prisoners and their loved ones are getting their needs met, not brutalized, at my expense, in my name, for the sake of my own family's illusion of "safety".

Sorry to greet you so early with this level of frankness, but you seemed like an appropriate person to bring into the conversation. I appreciate your time and what thoughts you may have. I look forward to hearing back from you or the DOC's General Counsel on this matter soon.


Sincerely,


Peggy Plews

--

Margaret J. Plews, Editor
Arizona Prison Watch
P.O. Box 20494
Phoenix, AZ 85036
480-580-6807


"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy

Scottsdale PD and the Wrongful death of John Loxas.

  RIP John Loxas.

-----------from the American Civil Liberties Union-----

Relatives of Man Killed While Holding His Infant Grandson File Wrongful Death Lawsuit Against the City of Scottsdale

September 24, 2012

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHOENIX -   The family members of John Loxas, Jr., who was killed instantly after being shot in the forehead while holding his infant grandson, today filed a wrongful death lawsuit against the City of Scottsdale and the Scottsdale Police Department. The 50-year-old Scottsdale man was shot in February by Officer James Peters without warning and despite having no weapon and posing no threat.

The lawsuit was filed on behalf of Loxas' daughter, Alexandria Loxas, and his father John Loxas, Sr. They are being represented by attorneys with the Chicago-based law firm of Loevy & Loevy and the American Civil Liberties Union of Arizona. The plaintiffs seek an unspecified amount of damages.
"My father was my best friend," said Alexandria Loxas, 23, whose son, Neo, now 14 months old, fell to the ground after her father was shot. "I felt safe knowing I had him in our lives because he was always there to protect us, and now he's gone forever."

In addition to listing Officer Peters as a defendant, the lawsuit also names Scottsdale Police Chief Alan Rodbell, arguing he failed to implement adequate policies to hold the City of Scottsdale and abusive officers accountable.   Officer Peters was involved in an unprecedented seven shootings over the past ten years - six of them fatal. A Scottsdale Police Department official acknowledged that Peters' history of shooting civilians was "an anomaly in our department, and in most departments." Peters also had a long history of excessive use of force against civilians, including dozens of incidents involving Tasers; he was the subject of four separate citizen complaints in the three months leading up to the fatal shooting of Loxas.

"There may well be no other police officer in the country who has been involved in more fatal shooting incidents over this time period," said attorney John Loevy of Loevy & Lovey. "Our lawsuit alleges that the Department had no business trusting him with a gun after he had killed so many other Scottsdale residents."

The incident that led to Loxas' death occurred shortly after 6 p.m. on February 14th, when police officers showed up at his house after he got into a dispute with his neighbors who called police.  Several Scottsdale police officers arrived at the house and confronted Loxas while he was standing in the doorway of his home. He was unarmed and holding his grandson in his arms. Without any warning, Officer Peters shot Loxas in the forehead with a scope-equipped rifle, killing him instantly. None of the other officers at the scene fired a weapon.

There is no indication that since starting as Police Chief in 2003, Defendant Rodbell has ever determined that a   shooting by a Scottsdale officer that resulted in death was improper or outside of police department policy.  The complaint outlines the inadequacies in the city's internal review process for officer-involved fatal shootings, including the failure to obtain testimony from civilian witnesses and the reliance on the involved officers' self-serving version of events.

For example, on November 7, 2008, two SWAT team officers shot David Hulstedt in the back, leaving him paralyzed from the waist down.  Despite the fact that Hulstedt - like Loxas - was unarmed and holding a child in his arms, Rodbell found the shooting justified and "within policy."  A federal court judge later concluded that "no reasonable officer could have believed that shooting David without warning, while he calmly walked back toward his house with the young child over his head, was a proper means of protecting [the child's] safety."

"What we have here is the total absence of meaningful review by the Scottsdale Department and City of Scottsdale even for deadly shootings done without warning and involving unarmed civilians," said ACLU of Arizona Legal Director Daniel Pochoda. "The clear message to Scottsdale officers, including Peters, has been: there will be no consequences, no loss of gun privileges, no matter how questionable or illegal the nature of the shooting."

In addition to Loevy and Pochoda, the plaintiffs also are being represented by Elizabeth Mazur and Elizabeth Wang of Loevy and Loevy, and Kelly J. Flood and James Duff Lyall of the ACLU of Arizona.
Click here to read the complaint that was filed today.

 

police brutality protest in Old Town Scottsdale

February 25, 2012

 

MCSO Brutality: Catching up to the killers of Marty Atencio

I read this and wept. Thank you to Stephen Lemons for staying on it...

Marty Atencio, beaten, tased, stripped and left to die 

by cops and guards in a "safe cell" at the 4th Avenue Jail

Phoenix, December 15 2011

----------from the Phoenix New Times-----------

Jailhouse Goons Make Fun Of and Kill a Mentally Ill Inmate
By Stephen Lemons
Thursday, Jun 14 2012

It takes a twisted individual to delight in the sufferings of the mentally ill. A special type of sick, sadistic bully. The kind employed in spades by the Maricopa County Sheriff's Office.

The December 16 killing of Army veteran Marty Atencio is the latest example of the above, one of the most recent in a string of corpses that punctuates the timeline of Sheriff Joe Arpaio's nearly 20-year career as this county's top lawman.

As reported last week in my Feathered Bastard blog, the Atencio family's attorney, Mike Manning, has filed notices of claim, totaling $20 million, with both the city of Phoenix and Maricopa County in Atencio's brutal demise at the hands of Phoenix cops and MCSO detention officers working in the Fourth Avenue Jail.

Since the 44-year-old's death occurred just hours after the U.S. Department of Justice issued its scathing report on the MCSO's pattern of discriminatory policing, racial profiling, and abuse of Latinos in Joe's gulags, much has been revealed about the circumstances surrounding the Atencio homicide.

The county medical examiner's autopsy noted Atencio's history of mental illness and hospitalization for psychosis.

Toxicology results from specimens, including those taken at St. Joseph's Hospital hours after Atencio's arrest earlier that day, showed no illicit drugs in Atencio's system.

Phoenix Police Department reports reveal that Atencio generally was passive and compliant during the two encounters with Phoenix cops that culminated in his arrest on December 15.

Indeed, Atencio "showed no signs of being a danger to himself or others," according to Phoenix Officer Sarah Roberts.

Rather, Atencio "simply appeared to be not medicated and engaged in very random conversation," Roberts said.

Atencio was arrested in West Phoenix for scaring a resident, Cathy Boyd, after kicking the apartment door of her neighbor.

Manning quotes from Boyd's affidavit recounting details of the incident:

"Marty did not physically threaten me at any time . . . I knew there was something wrong with him, and I just wanted him to . . . get some help."

Apparently, Atencio was treated well until he was taken to Arpaio's infamous jail, where cruelty is king and an idiotic environment pervades.

The most damning evidence of Atencio's mistreatment comes from interviews with detention officers and Phoenix cops carried out within days, sometimes within hours, of Atencio's beat-down and Tasing, referred to euphemistically by the Medical Examiner's Office as a "law enforcement subdual."

The interviews were done by MCSO detectives. Manning's law office obtained them through a public-records request.

Apparently, Atencio's mind at the time was like that of a child's. Disoriented, spouting nonsensical comments, he often referred to himself in the third person as "Tony" and seemed to be mimicking Robin Williams' character in Good Morning, Vietnam.

Some detention officers and cops thought Atencio was on drugs, claiming that he told someone during his stay in Fourth Avenue that he had smoked meth earlier in the day.

But toxicology reports don't lie. Cops and detention officers are another story. Soon after Atencio was taken, brain dead, to St. Joe's, they were making assumptions to rationalize their behavior.

Thing is, the breakdown in law enforcement discipline — including a Phoenix cop's pushing Atencio with his cuffed hands bent awkwardly and painfully — cannot be rationalized.

It also included MCSO detention officers mocking and humiliating Atencio as they took his mug shot.

"They encouraged him to make funny faces and . . . kept saying, 'Let's make this one the Mug Shot of the Week,'" one witness said.

Another witness noted that when they took Atencio's picture, "It was a big joke" and "they all stood around and laughed about it."

This hilarity turned deadly once Atencio was surrounded by officers demanding that he remove his shoes. When in Phoenix custody, cops had gotten Atencio to take off his shoes by just being patient and repeating their request. Here, Phoenix police and MCSO guards were far from patient.

Two Phoenix police officers who were there to help process detainees initiated what Manning calls a "jailers' riot," even though Atencio was standing before them, arms crossed, presenting no threat.

The notice of claim identifies the Phoenix cops as Patrick Hanlon and Nicholas French.

Several MCSO gendarmes joined the fray, in what one onlooker called "a big ol' dog pile." Though Atencio was smothered by officers, MCSO Sergeant Jason Weiers Tased Atencio several times.

Anthony Hatton, a detention officer who since has left the MCSO, punched Atencio in the face three times. Hatton claimed the strikes were necessary, but a couple of his fellow guards did not agree.

"He shouldn't have been punching him," detention Officer Sergio Salinas told investigators. "It was excessive."

Later, after Atencio was hauled to a "safe cell," where he would be stripped of clothing and left to die, Hatton continued the abuse, kneeing Atencio as guards held him down.

Detention officer Blas Gabrial told detectives that he yelled Hatton's name upon seeing the force used on Atencio. When asked why, he said, "Because I didn't think it was necessary."

While Atencio was lying motionless and naked in the safe cell, where he would breathe his last breath without life support, what were many of these men and women of law enforcement doing?

Laughing, joking, and cutting up like teenagers. Video shows two women — one in uniform — dancing and bumping butts. Hatton laughs and demonstrates what looks like a fighting move to other officers. A Phoenix cop eats an orange and grins.

Minutes later, they're all gathering around the door, precious seconds slipping away as they take their time getting it open.

"[Prisoners] play that game a lot," Weiers told an investigator, referring to Atencio's stillness. "You know, playing like they're dead."

Atencio wasn't playing. He already was gone. But CPR was performed, and he was rushed to St. Joe's. On December 20, his family removed him from life support.

If you saw grown men and women abusing a mentally ill or disabled person, would you do something about it?

Likely so. Which is why, ultimately, I blame the voters of Maricopa County for what happened to Atencio.

They've been told about a lot of such brutality in Arpaio's jails over the years and, so far, have looked the other way.

Previous Posts: 

• Joe Arpaio's Victim Marty Atencio Killed by "Law Enforcement Subdual," Among Other Factors, Says Medical Examiner
  May 31, 2012
• Joe Arpaio's Victim Marty Atencio: Family Files Notices of Claim Totaling $20 Million in Wrongful Death Case
  June 8, 2012

Marty Atencio's family fights back and files suit.

Thanks JJ and the AZ Republic for keeping up with this tragic case...and to Marty's family for holding the real bad guys accountable...

Marty Atencio

Marty's memorial page here.

-----------from the Arizona Republic-------------

$20M claim alleges excessive force in AZ inmate's death

by JJ Hensley
Arizona Republic
June 8, 2012

The family of a man who died in December following an altercation with police and detention officers in a Maricopa County jail has filed a $20 million notice of claim against the city of Phoenix, the Sheriff's Office and the county agency responsible for health care in the jails.

The claim, filed Friday, alleges that excessive force, coupled with a series of failures by medical professionals to tend to Ernest "Marty" Atencio, contributed to the 44-year-old's death in December.

Atencio died four days after he was removed from a "safe cell" in the Fourth Avenue Jail.






The notice of claim (WARNING: Contains graphic images)

The Maricopa County medical examiner last week issued a report that concluded that Atencio died of cardiac arrest, acute psychosis, medical problems and "law-enforcement subdual," but the report did not list a manner of death.

Atencio's family believes that the manner of death was homicide, committed at the hands of sheriff's detention officers in an altercation that began when two Phoenix police officers began to struggle with Atencio after he refused to remove his left shoe. They wanted the shoe removed to be scanned as he prepared to enter the jail.

The Phoenix officers took Atencio to the ground, and surveillance footage shows the detention officers dragging Atencio into a safe cell, where the number of officers in the small cell obscured their actions from the camera.
A safe cell is a room designed to reduce inmates' ability to injure themselves or others.

The claim contends that at least one officer punched Atencio and that another officer shocked Atencio with a stun gun six times, with several of those strikes coming within inches of his heart.

The notice of claim is a necessary precursor to a lawsuit against a public entity. State law requires a claim to list a dollar amount for which it can be settled. Atencio's family set that amount at $5 million for Phoenix police and $15 million for the county agencies.

The Sheriff's Office is continuing to investigate the incident and declined comment.

A pair of Phoenix police officers contacted Atencio twice on the night he was detained.

During the first contact, outside a convenience store, officers noticed that Atencio was acting erratically and told him to go home. Moments later, the officers received a call about a man kicking at a woman's apartment door in the 2800 block of West Laurel Lane. The officers recognized Atencio as the man they had encountered outside the convenience store, and they arrested him after the woman requested prosecution.

When Atencio arrived at the Fourth Avenue Jail's intake area -- where inmates are screened for medical and mental-health concerns and the most serious are supposed to receive immediate attention -- officers recognized his signs of mental illness but failed to respond, according to the claim.

"She (mental-health professional Monica Scarpati) admitted that she did not complete a full assessment of Marty and sent him to an isolation cell," the claim states. "Ms. Scarpati and (Correctional Health Services nurse Bill McClean) fell below the applicable standard of care by, in RN McClean's words, 'accepting' Marty into the jail and not doing anything to make sure that Marty got the immediate medical attention that he so obviously needed and deserved."

According to the claim, as Atencio waited for further processing, other officers noticed his mental state and began mocking him. According to an interview with an inmate who was nearby at the time, one officer thought Atencio's mug shot could be featured on the Sheriff's Office website that posts booking photos.

"An MCSO lieutenant stated in an interview that the process of taking Marty's photo was, 'Ah, you know, it's kinda comical,'" according to the claim.

As Atencio prepared to leave the booking area, he became uncooperative with Phoenix officers but was not violent or combative, according to interviews with officers contained in the claim.

Surveillance video shows that when a Phoenix officer placed his arm around Atencio's neck and took him to the ground, nearby officers joined in the effort to subdue Atencio. His family called the events that followed a "jailers' riot."

The claim does not request any damages from the Medical Examiner's Office, but it does allege that the office attempted to shield the county from liability by failing to name a manner of death from one of the four descriptions: suicide, homicide, natural causes or accidental.

"The medical examiner's report is part science and part defensive doublespeak designed to deflect and limit the county's liability," the claim states. "The notion that Marty's manner of death is 'undetermined' is a farcical sleight of hand by the county. The cardiac arrest was induced by the 'law-enforcement subdual,' so it was obviously a 'homicide,' i.e., caused at the hands of other human beings."

About John George Loxas, II

DIRECT ACTION FRIDAY, FEB 17 - 7pm

March against police murder on 

SCOTTSDALE POLICE DEPARTMENT

FACEBOOK event HERE.

 --------------

On Facebook tonight...people should know more about this murdered man than what the police want you to know. This is apparently from John himself...

------------------

FACEBOOK: About John

"I am a student of life. I have packed 150 years of life into 50 years and I plan to pack in another 300 years of life into the next 50 years.. I have worked hard and I have played hard. I have a non-religious relationship with God. I am a Polymath. My greatest pleasure outside of love, is knowledge.

I have had the honor of single parenting my beautiful daughter, Alexandria from 12 months of age to adulthood. It has been my greatest joy... And then, she doubled that joy the day she gave birth to my first grandson, Neo Amani Loxas. He is a bright new star in my sky.

I believe we live in a UNIVERSE of abundance, yet the greed of a few absorb and control the abundance leaving many innocent hungry, lost and ill. Homelessness, hunger and disease should not exist. I am a strong advocate of TRUE EQUALITY AND BROTHERHOOD OF MANKIND.... a unity of LOVE is our salvation.. and MUSIC is the ambrosia of our spirits.

I believe that the World Bank/International Monetary Fund/Federal Reserve/IRS, mainstream media, corporatism, Zionism and GREED are the true axes of evil whether or not, they know or believe that themselves. Right or wrong, true or untrue; this is MY belief, and I firmly stand by it.

I am not afraid of the unknown; it exhilarates me. I am not afraid of the government. I fear NO man. I fear NO army. I am not afraid to speak the truth, no matter what personal consequences await me. I am not afraid of death. I am not afraid of imprisonment. I am not afraid of God; for no loving God would put fear in my heart and frighten me into believing or loving anything. Free Will baby!!!

My favorite aromas are the ocean's mist, desert rain, a woman's neck, orange blossoms, and any aroma which stimulates fond memories of my past. Thai food is perhaps my favorite food. My body feels its best after a Thai meal, more than any other food combination. The Sing-ha may have something to do with that... YUMO.

I am a fierce fighter, and a fierce lover. I am healthy and strong. I am quick tempered when anyone attempts to betray me. Yet, I am as patient as Father Time with those who are loyal. For I am a loyal man to my family and friends. I will cross mountains and swim seas for any of them.. No amounts of money, power, drugs, or women can buy me. I cannot be bought. I cannot be frightened. Although I am a loving and compassionate human, I do have a dark side... And if you love me, you will never have to see it. If you are my enemy, you will live it.

We must end all WARS... We must end all HUNGER... We must punish only TRUE CRIMES, where actual VICTIMS exist... We must encourage more of the ARTS and SCIENCES and exploration of the cosmos... We MUST allocate charity (not taxation) to our infrastructure so that we can progress.

I have optimistic faith for the future of civilization and humanity..We must unite in order to evolve our civilization.. Infinity awaits us all.

More to follow............ MUCH more."

Scottsdale PD: Serial killer with a badge.

DIRECT ACTION FRIDAY, FEB 17 - 7pm

March against police violence

on SCOTTSDALE POLICE DEPARTMENT

FACEBOOK event HERE.

--------- 

This is so wrong. All this poor guy had was a cell phone in his pocket, and the cop shot him in the head when he turned away from him. And look at this guy Peters' record - more than just him is responsible for his belief that this would be a "justified" kill, too. His department has backed him up every other time he's left another person dead. He even got a Medal of Valor for killing a man, so why wouldn't he - and just about every other cop - think this was okay? 

John Loxas, smiling above with his grandson, is the murder victim, by the way. Apparently you don't even have to have criminal intent to kill someone to be charged with some degrees of homicide in Arizona, so there is a lot of room for how Peters can be charged. Lots of people go to prison for negligent homicide or manslaughter - some even second degree murder - without having had any "criminal" intent at all. The taking of a life is that grave of a business to us here...though we empower virtually anyone to run around with a concealed weapon here - our legislators want them in the schools and bars, even.

Scottsdale Police Officer James Peters

Officer James Peters, shown above in uniform, will probably never be charged with homicide for killing John Loxas. He won't be charged with a thing, is my bet. He probably won't even lose a day's pay. This will go down as an unfortunate but nevertheless "justified" kill. They justified it already by virtue of the type of information released to the media about John's run-ins with his neighbors and the police before. Please remember as you read this stuff that the state is in control of these press releases; the victims of the state have already been silenced, in cases like this, and his survivor's voices will likely never be amplified louder than the suggestion below that even though he wasn't carrying a gun or threatening the cops, he somehow deserved to be shot.

Our condolences to John's loved ones. Feel free to contact me if you want to connect with other families who have survived the loss of a loved one to police or prison violence, either for mutual support or to help change things. 

In any case, please make sure you sue them for this, and go after that cop's state certification. 

 My name is Peggy Plews (480-580-6807). 

You can call any time, or email me at prisonabolitionist@gmail.com

-----------from the Arizona Republic-------------- 

Tuesday's shooting is seventh for Scottsdale police officer

by Ofelia Madrid - Feb. 15, 2012

Arizona Republic

The Scottsdale police officer who shot and killed a man holding a baby Tuesday has been involved in seven shootings since 2002, six of them fatal, police said Wednesday.

Officer James Peters shot 50-year-old John Loxas on Tuesday evening after police were called to a house in the 7700 block of East Garfield Street, near Hayden and McKellips roads.

 Neighbors had called 911 earlier and said Loxas had threatened them with a handgun.

Peters, a former member of the department's SWAT team, was one of six officers who responded to the call. The 12-year police veteran is on administrative leave, which is standard after any police shooting, said Sgt. Mark Clark, a Scottsdale police spokesman.

According to the 911 call, the neighbors said Loxas was pushing his 9-month-old grandson in a stroller and walked over and kicked a neighbor's trash can into the street. When another neighbor went to pick it up, Loxas returned with the baby in his arms and started yelling, "You got a problem with that?" the caller tells the dispatcher. "The guy pulls out a gun, cocks it and aimed it at him."

When officers arrived, Loxas had returned to his house, but came to the door with the baby in his arms, police said. Peters and another officer told investigators that they saw a black object in Loxas' hand. Loxas turned to go back inside when Peters, who was standing 18 feet away at the edge of the driveway, shot him in the head with his patrol rifle, police said.

"(Loxas) was holding the baby in his left arm in front of his upper body and face. Moments later, he reached down to his right, lowering the baby, clearly exposing his head and upper body. Officer Peters responded to the movement with a single shot (to) the suspect's head.

The suspect fell to the ground and the baby was rescued by officers. The suspect died instantly," Clark said.

Peters "felt he had to prevent him from re-entering the house," Clark said. "The intent was to rescue the baby." Investigators later determined that Loxas was not carrying a gun but had a cellphone in his pants pocket.

A search warrant recovered a loaded pistol "a few feet from where the suspect fell inside the residence," Clark said. "It was wedged between the arm and cushion of a chair a few feet away from where he fell." It is the same pistol believed to have been used to threaten neighbors, he said. A loaded shotgun also was found near a chair a few feet from the pistol, Clark said. In addition, police found at least eight "Airsoft" type rifles and pistols, as well as "a functional improvised explosive device," he said.

Loxas lived in the house alone and babysat his grandson often, police said. The home was filled with garbage and clutter and a city inspector determined the home to be uninhabitable Wednesday, Clark said.

In 2010, Scottsdale police were called to the house because Loxas was threatening neighbors with a pistol, police said. He has been arrested at least once, police said. The 911 caller told the dispatcher that this wasn't the first time that Loxas had pointed a gun at neighbors.

On Wednesday, several neighbors said that house parties were frequently held at the man's home, often lasting until 3 a.m. or later. Residents of two nearby homes said they had filed noise complaints with police.

Scottsdale police Chief Alan Rodbell said he is confident that the external review by legal experts will "leave the community with the same sense of confidence that I have in my officers, my detectives and oversight in this very serious incident."

Lyle Mann, executive director of the Arizona Peace Officers and Training Board, a state law enforcement panel, said that he couldn't comment specifically about Peters, because he didn't know the circumstances of the seven shootings. But he said "some are functions of assignment."

"If you are out chasing armed felons every day, there's the probability that they're going to be bad people. While it feels like it clearly is an anomaly in terms of this person being involved in this many discharges, I wouldn't read anything into that," Mann said.

Each of Peters' previous shootings have been determined justified through an internal investigation as well as an external investigation by the Maricopa County Attorney's Office.

Peters' previous fatal shooting occurred in March 2010, when Peters shot and killed a man suspected in a string of bank robberies. At the time, The Republic reported that the city had settled in 2009 with the family of one of the people involved in a different fatal shooting for $75,000 but denied liability.

In another case, Peters was honored for his actions in responding to a hostage situation and the hostage thanked the officer for saving his life and shooting the suspect.

Peters also was involved in these previous shooting incidents, police confirmed:

Nov. 3, 2002: Peters was one of three SWAT officers who fired at Albert Redford after a nearly four-hour standoff at his north Scottsdale home. Officers had been called out for a report of domestic violence. Officers fired a total of seven shots, striking Redford three times.

March 25, 2003: Peters shot and killed disbarred lawyer Brent Bradshaw, 47, of Scottsdale. Officers responded to shotgun blasts at Bradshaw's home. Three hours later, police found Bradshaw wandering along the Arizona Canal at Miller and Chaparral roads, carrying a shotgun. Officers tried unsuccessfully to get him to put down the gun.

Oct. 10, 2005: Peters shot and killed Mark Wesley Smith, a burglary suspect, during a confrontation outside an auto-body shop near Hayden and McKellips roads. Smith was smashing car windows in a rage outside the body shop. Autopsy reports would later show that he was high on methamphetamine.

April 23, 2006: Peters shot and killed Brian Daniel Brown, 28, who took a Safeway employee hostage after he hijacked a Krispy Kreme delivery truck in Peoria. Peters received a Medal of Valor for this incident in June 2007.

Aug. 30, 2006: Peters and Officer Tom Myers fatally shot Kevin Hutchings after Hutchings fired at least one round at police outside his northeast Mesa home. Scottsdale police were trying to contact Hutchings about a Scottsdale assault earlier that evening with a longtime acquaintance of Hutchings. Hutchings' family sued the city and eventually settled out of court for the $75,000, city officials said.

Feb. 17, 2010, Peters and Scottsdale Detective Scott Galbraith shot Jimmy Hammack Jr., 46, after Hammack drove his truck toward detectives who were investigating him as a suspect in three Scottsdale bank robberies and two in Phoenix. Hammack later died from his injuries.

This is the second time in less than three weeks that a Scottsdale police officer shot and killed a man.

On Jan. 28, Jason Edward Prostrollo, 25, was shot dead after officers were called to the north Scottsdale home of Prostrollo's acquaintances. Police were called in the early morning by a 35-year-old woman saying Prostrollo, a guest in her home, was drunk and fighting with her 50-year-old boyfriend, and had a knife.

Prostrollo, a former Marine with two tours of duties in Iraq, came out of the house with pieces of a pool cue in each hand, police said. He ignored commands to drop the cues and stop walking, police said. A K-9 officer released his dog and a bite from the dog didn't deter Prostrollo, who kept walking toward officers.

That's when Lt. Ron Bayne shot Prostrollo and killed him.

Prostrollo's family and friends have questioned the police department's use of lethal force.

Reporter John Genovese contributed to this article.

-------------

 Roosevelt Street Artwalk: Phoenix

(June 4, 2011)

AZPOST WATCH: Police the police who police the police.

These are the folks who certify police and corrections officers in Arizona - it's my understanding that without their blessing, one cannot get a job as a peace officer in this state. 

Their meetings are held every 3rd Wednesday at 10am at the AZPOST office (2643 E. University Drive Phoenix, AZ 85034), if you want to see them deliberate on the de-certification of some very bad officers - or if you have anything to say for their public comment period yourself. Looking at the composition of this board, it seems like some of the main offenders I encounter are in the employ of these folks - all we're missing are the PHX PD and the MCSO. Nevertheless, AZPOST is who I've been advised to complain to if certain officers aren't upholding their duty to the rest of us, so let's hold them accountable. Here's the page that links to their de-certification decisions, called "Integrity Bulletins". 

Those of you who have been able to identify officers responsible for abuse or neglect resulting in harm to yourself or a loved one in custody should check out those archives to see if that officer was ever de-certified. Two weeks of unpaid leave for standing idly by while a young man bleeds to death, or for leaving a woman to burn alive in a cage,  is a travesty of justice, and should be rectified by this board - especially if it isn't satisfactorily addressed by the officer's employer or the appropriate county prosecutor. 

Perhaps if the public begins to turn out at these meetings to complain, some things will be more likely to be addressed. At the very least, they'll know we're watching them behind the scenes, too. Bring your comments for the "call to the public" in writing as well to give to the recorder who will be sure they get properly included in the minutes.

-----------------from AZPOST's website-------------

 

The Arizona Peace Officer Standards and Training Board was created by an act of the 28th Arizona legislature on July 1, 1968 as the Arizona Law Enforcement Officer Advisory Council. The name was officially changed to its present form on July 17, 1994.

 

The Board was originally created to address the need for minimum peace officer selection, recruitment, retention and training standards, and to provide curriculum and standards for all certified law enforcement training facilities. The Board was also vested with the responsibility of administering the Peace Officer Training Fund.

 

In 1984, the legislature charged the Board with the added responsibilities of approving a state correctional officer training curriculum and establishing minimum standards for state correctional officers. Currently the Board provides services to approximately 170 law enforcement agencies encompassing over 15,000 sworn peace officers, 9,000 correctional service officers, and 16 academies.

 

The mission of the Arizona Peace Officer Standards and Training Board is to foster public trust and confidence by establishing and maintaining standards of integrity, competence, and professionalism for Arizona peace officers and correctional officers.

 

Our vision is to produce and maintain the most professional peace officers in America.

Board Members

Mr Joseph Duarte Public Member Board Chairman

The Arizona Peace Officer Standards & Training Board was originally comprised of nine members, appointed by the Governor with the advice and consent of the Senate. The Board included two sheriffs, two chiefs of police, a college faculty member in public administration or a related field, the state attorney general, the director of the Department of Public Safety, and two public members. In 1977, the statutes were revised to require one sheriff come from a county with a population exceeding 200,000 and one sheriff from a county with a population less than 200,000. Additionally, one police chief was to be from a city with a population exceeding 60,000 and one from a city with a population less than 60,000.

In 1984, Board membership was expanded with the addition of the director of the Arizona Department of Corrections and an administrator of a county or municipal correctional facility. The number of members serving on the Board rose to thirteen in 1991, when the legislature added two additional members holding the rank of patrol officer or sergeant. It was specified that one of the two new members was to be from a city police agency and the other from a sheriff's office. Today, the composition of the Board remains as established in 1991, with 13 members.

Sheriff John Armer Gila County Sheriff's Office	Dr. Scott Decker Arizona State University	Director Robert C. Halliday Arizona Department of Public Safety
The Honorable Tom Horne Arizona Attorney General	Chief Kevin Kotsur Avondale Police Department	Ms. Wendy Larsen Public Member
- Director Charles Ryan AZ Department of Corrections	Sheriff Thomas Sheahan Mohave County Sheriff's Office	Sergeant Robert Thompson Nogales Police Department
Vacancy -----------------------	Vacancy ------------------------	Vacancy -----------------------

Mike Stauffer's take on MCSO Brutality...

Keep in mind that the following is coming from a conservative challenger 

to Joe Arpaio in 2012

-------------------from the Tucson Citizen--------------

Law Enforcer Mike Stauffer reacts to death of Ernest M. Atencio
by Hispanic-Politico on Dec. 26, 2011,
TUCSON CITIZEN

Law Enforcement Analysis of the Ernest Atencio Incident
FOR IMMEDIATE RELEASE:
December 26, 2011
Police Lt. Mike Stauffer
MCSO Candidate • 2012


In expressing my dismay about the incident that occurred in the MCSO 4th Avenue intake area on December 16, 2011, I have angered some people employed by MCSO. To those individuals, I say, the information that I acted on came from inside the MCSO. There are employees of the organization who are disgusted by the actions of a few and will speak out.

As sheriff, I will not tolerate this behavior or this attitude. I will not tolerate those who stand by and allow this type of incident to take place. Know that the days of covering up behind stalling tactics are over. The cover-up is frequently worse than the incident itself. The MCSO is under a microscope. Even if it was not, I expect all the employees should understand that they are held to a very high standard of conduct and will be held accountable for their actions. I am outraged that even one employee of the MCSO would stand by as this incident unfolded and did nothing to intervene. I am outraged by the atmosphere and attitude fostered by Arpaio that allowed this to happen. Know that those who continue to carry this attitude will have no place at the MCSO.

I stipulate that I have not been privy to an unedited video and have formed some
conclusions based on the video available on You Tube (http://tinyurl.com/7evqt6n) and the report by Fox 10 News in Phoenix (http://tinyurl.com
/7nbuyma). What I saw disturbed me greatly on many levels.

Ernest Atencio according to reports, was arrested for misdemeanor assault. He had not seen a judge. He had not even gone through the full intake process.

Nevertheless, the offense he was arrested for, even if found guilty and convicted at trial, did not warrant a death sentence. American law enforcement is not judge or jury.

Ernest Atencio arrived at the intake area under his own power and apparently healthy. He did not initially appear physically combative, and in fact, the Phoenix Police officers released him from his handcuffs. It has not been reported what the conversation was between PPD officers and Mr. Atencio that precipitated the officers to grab him and attempt to restrain him.

If the reason for the physical contact was to put Mr. Atencio back into handcuffs, why do none of the officers have handcuffs out? There are no restraining tools of any kind visible.

As Mr. Atencio struggles with the officers, a Phoenix officer appears to put Mr. Atencio into a choke hold (2:11), which is considered a deadly force tactic, and takes him forcefully to the ground. It appears that Mr. Atencio goes limp for several seconds at this point. The Phoenix officer is then pushed away by an MCSO detention officer and at least six detention officers appear to be pinning Mr. Atencio to the floor.

Although he can’t be seen under the pile of at least six detention officers, it appears that Mr. Atencio suddenly surges and the detention officers apply a Taser in “drive stun” mode. This tactic involves firing a barb from close range, into the subject and then repositioning the Taser to make contact and complete a circuit that delivers an immobilizing electric current to the subject for a five second duration. The detention officers do not appear to be restraining Mr. Atencio during any of the applications, as those properly trained to use a Taser are instructed. Taser training also warns that repeated applications of the Taser is dangerous to the health of a subject and de-escalation tactics to bring the subject under control should be employed during the subject’s incapacitation to prevent the need for continued force.

Equally disturbing are the actions of the other officers in the area. Several officers run into view from other areas and try to join in the pile. Others appear to be mocking Mr. Atencio and laughing about the encounter. Their behavior reinforces the perception the officers have a callous disregard for Mr. Atencio’s well being.

In the holding cell, a detention officer is seen making what appears to be knee strikes to Mr. Atencio’s head. Another detention officer puts a restraining hand on that officer’s shoulder to stop him. This occurs while Mr. Atencio is being held down by at least five other detention officers. The application of knee strikes to the head while Mr. Atencio is being restrained is an inappropriately high level of force for the circumstances.

Mr. Atencio is limp and unresponsive; yet, he is stripped of his clothing and dumped on the floor of a holding cell. The medical personnel present do not appear to ascertain Mr. Atencio’s medical status. No medical follow-up is conducted and Mr. Atencio is left alone. This again is contrary to Taser policies and training. Training dictates that anyone subjected to a Taser application be seen immediately after the situation is stabilized by certified medical personnel. A person subjected to multiple Taser applications should be seen by an emergency room Physician.

The vague statement issued by Chief McIntyre that night after the story broke suggests an attempt to cover up the situation. His statement indicates that there was no in-custody death that night, an outright falsehood. The week delay in releasing the video and the timing of the release further suggests an all out attempt to bury the story by the MCSO.

These situations require an open, timely release of preliminary findings. Delay and vagueness only fuel anger and distrust in the community. Hiding behind a wall of silence is not appropriate. The leader of the organization must be front and center and accountable to the community. Only in this way can the organization be trusted to do what is right.

Police Lt. Mike Stauffer
MEDIA CONTACT:
West Kenyon
Campaign Manager
Police Lt. Mike Stauffer
Maricopa County Sheriff • Candidate 2012
t: 480.414.6868
e: west@votestauffer.com
w: www.votestauffer.com

MCSO and Marty Atencio: Video released

Here's the MCSO Booking area, where Marty Atencio was attacked; this footage comes via Dennis Gilman, who edited hours of tapes. I, frankly, see no provocation for that Phoenix cop to take down Marty the way he did, much less for ten more officers to jump in...

part I

part II

Here they are putting Marty in a "safe room" now. I have a problem with this policy of stripping mentally ill or unstable prisoners naked to assure their "safety"  - it just compounds trauma with humiliation.

Good coverage and observations below, from the Phoenix New Times: Check out links to Stephen Lemons' continuing coverage of the death of Marty Atencio here.

-------------------

Last week, Marty Atencio's brother Mike told me that he and his family believe Sheriff Joe Arpaio's detention officers "murdered" his brother, leaving the 44 year-old Army vet dead in a cell, only to ship him out to St. Joseph's Hospital later, so the MCSO could deny that Atencio was an "in-custody" death.

On Tuesday, Atencio's family made the decision to remove him from life support, but the family's attorney Mike Manning later noted, "[Atencio] died in the jail."

Friday, the MCSO released eight hours of video, some of it documenting Atencio's stay in the sheriff's custody. The chilling words of Atencio's brother and of Manning have not been rebutted by that footage.

Watch the video above, taken from hours of jail tape the MCSO unceremoniously dumped on a ravenous media Friday afternoon. What do you see?

I see a pack of uniformed officers jumping on one unarmed man, who seems to be making no aggressive moves toward them.

While beneath this pile-on, Atencio was Tased. That the Tasing was unnecessary is self-evident.

There's also creepy footage (not seen above) of Atencio being thrown naked into an isolation cell. In it, Atencio is not moving, and looks to be unconscious. 

The scene in the cell is eerily reminiscent of MCSO video of Juan Farias Mendoza, an inmate allegedly beaten to death by detention officers in Arpaio's jails back in 2007.

Mendoza was 40. Atencio was 44. Both men were Tased several times in custody. And each man was a father. Mendoza had three kids. Atencio's family told me he has four, ranging in ages from 15 to 24.

The world might never have known about Mendoza, had not an anonymous tipster informed New Times of his brutal demise. Recently, Maricopa County settled with Mendoza's family to the tune of $1 million.

Which makes you wonder: How many incidents like these have occurred in Arpaio's gulags that we don't know about.

The media has been in a feeding frenzy over the Atencio death, coming as it does on the heels of the U.S. Department of Justice's watershed report on the MCSO's discriminatory practices toward Latinos in and out of Arpaio's jails. 

So the Atencio family's response to the video's release, in a statement given to the press by Manning, seems wise and measured, an example of dignity in the face of the media's hunger for information and Arpaio's spin machine:

"The Atencio family has instructed that I make no comment today concerning the jail video just released by Sheriff Arpaio," Manning said. "They are deeply grieving the death of their Marty and do not want their burden and hurt to interfere with the joys, blessings, and good cheer that other Valley families are looking forward to on this eve of the Christmas weekend. We will have a comment on Monday or Tuesday."

Atencio was acting erratic before and after his arrest by Phoenix cops on charges of assault. The Atencio family has indicated their loved one was bipolar and not on his medication at the time of his arrest.

Manning's stated that blood tests of Atencio done at St. Joe's showed no illicit drugs or alcohol in the man's system. 

Such factors aside, there's no excuse for such a death. Despite this, the MCSO boasts a gruesome track record of citizens dying needlessly in its custody. 

These individuals often become victims because they are already part of some at-risk group. 

Over the years, New Times has stood sentinel for them all: the diabetic mom denied her medication, the mentally retarded man asphyxiated till brain dead; the legally blind man beaten till comatose; the drug addict son offed in a restraint chair of the kind now banned from Arpaio's jails; and so on.

Now New Times stands sentinel for another in a long line of those neglected and abused by the MCSO -- the beaten, the Tased, the tortured and the slain. A line destined only to end when Arpaio is removed from power.

UPDATE 12/27/11: For more video of Atencio in custody and attorney Mike Manning's comments on same, click, here.

UPDATE 12/28/11: For Atencio's obituary and funeral service schedule, please click, here.

UPDATE 1/4/12: Marty Atencio laid to rest, please click here.

UPDATE 1/5/12: Psalm for Marty Atencio, please click here.

UPDATE 1/10/12: Phoenix Police arrest report released, please click here.