Legal Issues

by Tim Cushing


Filed Under:
fbi, graham dyer, lies, mesquite, police, texas



New Documents And Testimony Shows Officers Lied About Their Role In An Arrested Teen's Death

from the real-criminal-conspirators-are-the-ones-with-badges dept

Earlier this year, we covered the horrific story of the death of a 5'4" 110-lb. 18-year-old at the hands of the Mesquite (TX) police department. The teen, suffering from a bad acid trip, was tased multiple times, threatened with death by an officer, and left to die in a jail cell with little more than a cursory nod towards his health and wellbeing.

Graham Dyer's parents were unable to obtain any details about their son's death from the Mesquite PD. The department refused to turn over records, pointing to state law allowing it to withhold records on arrested suspects who never faced criminal charges. This exemption may have made sense to lawmakers at the point it was passed. But in-custody deaths are inherently questionable. This exemption does little more than give law enforcement agencies everything they need to cover up misconduct.

Fortunately, Dyer's parents didn't stop there. They asked the FBI to open an investigation into their son's death. The FBI closed its investigation without forwarding it to the DOJ for charges but the investigation did serve at least one purpose: it allowed Dyer's parents to finally obtain records related to their son's last night on earth.

What they found was horrifying. Video showed their son thrashing around in the back of a police car, incoherent and completely unrestrained. Captured audio captured an officer threatening to kill their son if he didn't calm down. The in-car video also showed the same officer repeatedly tasing their son in the testicles. (The officer claims he was aiming for the "inner thigh" but Dyer kept moving. Considering a taser is effective almost anywhere it's placed, why place it so close to a person's testicles unless you're hoping to "accidentally" tase that part of the arrestee?) They also saw their son dragged from the police car at the jail sally port, laying on the floor with an officer's foot on his head.

Without these records from the FBI, the Dyers would never have known what led to their son's death. The Mesquite PD's refusal to turn over records also served its own purpose: it ran the clock on the statute of limitations. The state can no longer bring criminal charges against the officers -- despite the DA saying there's evidence of criminal behavior.

But that can't prevent the officers from being sued. The Dyers have taken the Mesquite PD to court and now, at long last, the PD is being forced to hand over the documents it refused to give to the teen's parents. What's in these documents -- and the officers' testimony -- only adds to the portrait of these officers' depraved indifference.

To begin with, the officers who arrested Dyer showed almost zero concern for his wellbeing. Not once did they consider bringing the teen to a nearby hospital. Nor was any sort of health check given when Dyer was turned over to the local jail. But the arresting officers had every reason to believe Dyer might be seriously injured.

While being loaded into a cruiser, Dyer banged his head several times against the car. During the first mile on the drive to the city jail, he slammed his head 19 times against the side door, back seat or metal cage separating the car’s front and back.

Halfway to the jail, in what they have described as an attempt to calm him down, the officers pulled to the side of the road. One used his Taser, shocking Dyer in his testicles.

Some police departments call for a medical evaluation after Taser use. Instead of diverting to the emergency room a half-mile away, however, the officers resumed driving. No additional restraints were applied, and during the second half of the trip Dyer hit his head against the car’s interior 27 more times.

At the jail, officers unloaded the handcuffed and leg-tied Dyer onto the sally-port floor outside the jail. There, they watched him bang his head again on the concrete pad.

According to their own testimony, none of the officers informed jail staff about possible head trauma suffered by Dyer. Nor did anyone ask for medical care until after Dyer had been laying motionless in a jail cell for two hours.

On top of that, the officers' stories -- backed by apparently falsified reports -- are falling apart.

The Dyers have noted that, at the least, the depositions given by the five police officers who responded to the middle school on Aug. 13, 2013, have challenged the official version of Graham’s arrest that police initially presented to them.

In their pleadings, police described Graham and his friends as belligerent and combative. But in individual depositions, the officers conceded the teens were mostly cooperative. Graham, for example, was kept on the ground for more than 10 minutes with modest effort, they said.

[...]

In their original incident report, the Mesquite officers had written: “Dyer could not calm down and walk to the patrol unit, therefore officers had to carry Dyer to the patrol unit.” Yet the video depicts him walking to the cruiser.

At the jail, the police report again described Graham as combative: “It took multiple officers and detention officers to remove Dyer from the back seat of the patrol unit, escort him inside the jail, and placed him in a restraint chair and padded cell for his safety.” The video, however, shows him lying mostly motionless on the ground.

It's a compound lie. Dyer was never placed in a restraint chair. He laid on the concrete floor until officers booked him and left him in a cell to finish dying.

Even though the statute of limitations prevents the DA from bringing charges against the officers, it doesn't prevent the Mesquite PD from handing out its own discipline. But it has done nothing. All officers involved in Dyer's death remain employed.

Fortunately, the FBI's investigation has given the Dyers the documentation they need to pursue legal action against the Mesquite PD. But that may be the only good to have come out of this. A bill brought by a state rep to close the exemption the Mesquite PD used to wait out the statute of limitations died on the House floor. And in the end, it won't be the involved officers paying for the teen's death, it will be the state's taxpayers.


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  • identicon
    Anonymous Coward, 15 Dec 2017 @ 7:57pm

    MyNameHere's heroes, ladies and gentlemen!

    This is why leakers like Snowden are such a fly in his ointment. It challenges the authoritarian status quo.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Dec 2017 @ 8:33pm

      Re: It's not "authoritarian" to forbid you to harm self with drugs.

      Besides, according to what's here: "thrashing around in the back of a police car, incoherent and completely unrestrained", the police were NOT applying "authoritarian" restraints, and in fact, don't seem to have harmed this person, was all self-inflicted.

      This ginned-up weeping implies that idiots can impose costs on society without concern or limits. -- Actually, you snowflakes believe that police and rest of society MUST act to protect you, even while you rage against that very protection! -- Phooey on that. It's cheaper and better for society to let idiots kill themselves.

      reply to this | link to this | view in chronology ]

  • identicon
    carlb, 15 Dec 2017 @ 7:59pm

    Why would there be a statute of limitations on prosecuting crimes?

    There's a legal adage north of the border that "time does not run out on the Crown". The statute of limitations is two years for most civil matters and ten years for income taxes, but for crime? Canada doesn't run out the clock. Why doesn't the US follow their lead?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Dec 2017 @ 8:08pm

      Re: Why would there be a statute of limitations on prosecuting crimes?

      Yeah, this seems to be straight up negligent homicide or depraved-indifference murder. There should be no statute of limitations for this.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Dec 2017 @ 8:41pm

      Re: Why would there be a statute of limitations on prosecuting crimes?

      In the US, the statute of limitations generally stems from the right to a speedy trial in the bill of rights. It should be noted that it requires that the suspect be easily "find-able" during the bulk of the period. If the suspect runs/hides and/or leaves the state in which the crime occurred for any significant amount of time, then the statute is reset. It also starts from the time at which the crime was discovered (or should reasonably have been discovered), rather than necessarily when it occurred.

      However, as we saw in this case, there is apparently a loophole in the laws as written. That is, if law enforcement themselves is hiding the evidence from the prosecutor's office then the crime has been discovered (law enforcement knows about it), but an indictment can't be brought because the prosecutor doesn't have the evidence. This allows the statute of limitations to run out freely.

      It's more an example of how systematically deferential to law enforcement our criminal legal system is than an issue with the statute of limitations. Ultimately, getting rid of the limitations won't solve much (outside of fringe cases like this) as long as our legal system continues to pander to law enforcement.

      reply to this | link to this | view in chronology ]

  • identicon
    ToaKraka, 15 Dec 2017 @ 8:11pm

    They also saw their son dragged from the police car at the jail sally port, laying on the floor with an officer's foot on his head.

    Nor did anyone ask for medical care until after Dyer had been laying motionless in a jail cell for two hours.

    He laid on the concrete floor until officers booked him and left him in a cell to finish dying.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Dec 2017 @ 8:20pm

    Instead of blaming IDIOT for using illegal drugs, Techdirt blames police.

    The police didn't start this. After a point, the police are not responsible for protecting idiots from themselves. I certainly don't blame them. It's exhausting to try and stop idiots. We're rid of one now, to the good.

    This is another new low for Techdirt in its slide to barbarism.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Dec 2017 @ 8:31pm

      Re: Instead of blaming IDIOT for using illegal drugs, Techdirt blames police.

      Speaking of lows...

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 15 Dec 2017 @ 8:34pm

        Re: Re: Instead of blaming IDIOT for using illegal drugs, Techdirt blames police.

        >>> Speaking of lows...

        WELL? SPEAK. Don't just slither in and stick out your forked tongue, then slither out.

        reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 15 Dec 2017 @ 9:12pm

      Re: Instead of blaming IDIOT for using illegal drugs, Techdirt blames police.

      the police are not responsible for protecting idiots from themselves

      Actually, yes, they are. Or does "To protect and serve" have a subclause of "But only if we think you're a worthy person and vote the 'right' way"?

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 15 Dec 2017 @ 8:51pm

    Does the statue of limitations apply when they have actively been pushing for evidence of the crime? From my understanding the statute only runs out if it isnt being pursued at all, but there is clear evidence that they were pursuing evidence of the crime from long before the statute ran out.

    reply to this | link to this | view in chronology ]


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