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Title: Skater charged with assault on officer
Source:
The Dallas Morning News
URL Source: http://www.dallasnews.com/sharedcon ... 31706dnmetskater.304e63a6.html
Published: Mar 16, 2006
Author: ROBERT THARP
Post Date: 2006-03-18 02:02:18 by Starwind
Keywords: charged, assault, officer
Views: 3391
Comments: 228
Witnesses denied she was aggressor; internal investigation continuing 09:38 PM CST on Thursday, March 16, 2006 By ROBERT THARP / The Dallas Morning News A Dallas Roller Derby skater was indicted Thursday on a felony charge of assaulting a Dallas police officer stemming from a January incident in which she and several witnesses say the officer was the aggressor and used excessive force. Reports related to the indictment charge that Michelle Metzinger, 25, was belligerent and fought with Officer Ceaphus Gordon after the officer asked to see her identification because, he said, she had been roller skating recklessly through traffic on Elm Street in Deep Ellum. Michelle Metzinger According to Officer Gordon's report, Ms. Metzinger tried to gouge his eye with her fingers when he tried to handcuff and arrest her on a charge of public intoxication. The officer then tried to force Ms. Metzinger to the sidewalk using a "straight arm bar take down," but instead, she "rolled from the police car to the ground," his report says. Ms. Metzinger continued scratching and kicking the officer on the ground, the report says. Officer Gordon described his injuries as three 1/8th-inch scratches near his right eye and scratches and bruises on his chin. He described Ms. Metzinger's injury as a "small laceration that required a stitch," although his report indicates that she spent five hours at Parkland Memorial Hospital before she was taken to jail. Kevin Clancy, Ms. Metzinger's attorney, said he was disappointed that he was not allowed to present evidence to the grand jury that would have offered a different account of what happened. Eight witnesses to the arrest have filed affidavits saying that Ms. Metzinger was not intoxicated and that she did not resist the officer. The witnesses state that after Ms. Metzinger was forced to the ground, Officer Gordon put his knee on her back or neck while he was handcuffing her, which is not described in the officer's reports. "I think it's a travesty that this poor girl was charged with this," Mr. Clancy said. "I really do think that the grand jury did not look at the evidence." A separate investigation into the incident by Dallas police internal affairs is ongoing. Mr. Clancy said Dallas police have so far not interviewed any of the witnesses. Officer Gordon has had 27 complaints filed against him in his 14-year career, most of which were ruled "unfounded" or "inconclusive." Of those inconclusive complaints, at least two involved allegations of excessive force. E-mail rtharp@dallasnews.com
Poster Comment: ------ see also: (Dallas) Police Deny Excessive Force In Bloody Arrest (black cop, white girl) 
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#5. To: Starwind (#1)
No shock that the GJ found for the state. It's a rubber
stamp. Have I missed something regarding the public intox charge? What was her
blood alcohol level? Was a test taken in the hosp as she was being stitched
up? With any type of representation, she walks, but who knows? Juries are
comprised of people who live in, and around us. Next time you're in K-Mart
take a good look at the people in line. Scary....
Argghhh. A "Blue Light Special" jury.
I don't know about Texas, but in Indiana, no evidence is required for public intox charges to be filed other than a cop's say-so that a person is "on something."
JT What is your opinion on this? The same article is posted here but I can't get the link to work.
Eight witnesses to the arrest have filed affidavits saying that Ms. Metzinger was not intoxicated and that she did not resist the officer. OMG, Starwind!!!
The WTC couldn't have come down without a conspiracy. The perps weren't exactly working independent of each other.~Arete
one stitch????????????? that's a lie.
The WTC couldn't have come down without a conspiracy. The perps weren't exactly working independent of each other.~Arete
Complete idiots. I'd love to know the stats - nationwide - on how many cases are tossed by GJs. My guess is the low single figures.
But we're all on something, be it legal or not. Two Red Bulls could set off one of these uber-officers today. Nothing short of rope will fix this mess.
She doesn't have to show anyone any identification! Badges? We don't need no stinkin' badges.
Quite an article, GJ. I'm not surprised at all. I had no experience with the
lab testing, but it's my experience that people looking to fill these
positions couldn't cut it in the real world. IOW, these labs are staffed by
minimially qualified people which works well for the state. One thing: have
all your paperwork and DL ready to hand out the window immediately. I can't
tell you how important it is to get the sob's away from you as quickly as
possible.
No, you've missed nothing as far as I know. I'm looking for those charges and evidence as well. The court records still don't show anything about Michelle - zip, nada, zilch. It does take a few days, perhaps next week the full indictment & charges against her can be retrieved. I can't imagine them proceeding on a charge of assaulting a LEO stemming from a PI arrest, without proof of PI, and yet there is *no* mention anywhere of a DUI/ BAC test even being administered let alone the results. I would have assumed urine or blood samples would have been taken at the scene or the hospital, but there is no mention, yet.
(The Gospel of Jesus Christ is the only true good news)
From what Esso says above, it might be enough that the officer "observes" PI. If that's true, we're further down the slippery slope than I thought.
That would be a troubling legal-limbo nowhere land. If the officer's mere "observation" is legally sufficient to support arrest, then it all lies within the officers discretion, and false arrest can not be proven. The officer can always say "Hey, she looked drunk in my professional opinion. How was I to know she was just dizzy from lack of food & rest?". But if the 'victim' then resists arrest in any way, then resisting arrest can be sustained without any need to prove any crime was ever committed. And resisting arrest is another easy charge to sustain especially when there are no cameras rolling to record how an incident started and escalated. Arguably, that seems like the kind of lawful harassment reserved (til now?) for parollees. Perfect cover for an officer who otherwise "has been disciplined twice for escalating or participating in a disturbance and once for conduct discrediting the department", as reported elsewhere.
(The Gospel of Jesus Christ is the only true good news)
It is my experiance that it is better to give them an option. When pulled for speeding tell them you don't have your DL or Reg with you, much more often than not they will choose to exert their authority by ticketing you for failure to display (no points) rather than speeding. It lets them claim to be a nice guy while breaking it off in you. Another added benifit is it keeps you from having to reach into the glove box or god forbid, under the seat. Peace
“Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes...known instruments for bringing the many under the domination of the few…No nation could preserve its freedom in the midst of continual warfare.” – James Madison, Political Observations, 1795
I've never heard of a test being administered for PI, lower burden of proof, likely no BAC in statute, hence none needed. Testimony goes like this, (all lawyers know it by heart) "Subject was disoriented displayed slurred speech, bloodshot eyes and had a strong odor of alchohol on her breath" guilty, next case. Don't ask me how I know.
“Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes...known instruments for bringing the many under the domination of the few…No nation could preserve its freedom in the midst of continual warfare.” – James Madison, Political Observations, 1795
Wheeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee!!!!!!!!!!!!
“Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes...known instruments for bringing the many under the domination of the few…No nation could preserve its freedom in the midst of continual warfare.” – James Madison, Political Observations, 1795
He handled it wrong. Had it been me, I'd have waved her over and said "Hey darlin'..I really don't want to see a beautiful woman smashed up by any cars..could you please keep it on the sidewalk? And BTW, would you like to have dinner sometime? ;-) What you're a roller derby babe? Could I have your autograph?" ...and that's how I did my job.Eight witnesses to the arrest have filed affidavits saying that
Ms. Metzinger was not intoxicated and that she did not resist the officer.
#6. To: Jethro Tull (#5)
Next time you're in K-Mart take a good look at the people in line. Scary....
#7. To: Jethro Tull (#5)
Have I missed something regarding the public intox charge? What was her blood alcohol level?
#8. To: Jethro Tull (#5)
#9. To: Starwind (#0)
Kevin Clancy, Ms. Metzinger's attorney, said he was disappointed that he was not allowed to present evidence to the grand jury that would have offered a different account of what happened.
#10. To: Starwind (#1)
#11. To: Grumble Jones (#6)
Argghhh. A "Blue Light Special" jury.
#12. To: Esso (#7)
that a person is "on something."
#13. To: Starwind (#0)
was belligerent and fought with Officer Ceaphus Gordon after the officer asked to see her identification
#14. To: Grumble Jones (#8)
#15. To: Jethro Tull (#5)
Have I missed something regarding the public intox charge? What was her blood alcohol level? Was a test taken in the hosp as she was being stitched up?
#16. To: Starwind, Esso, Grumble Jones, christine, all (#15)
#17. To: Jethro Tull (#16)
From what Esso says above, it might be enough that the officer "observes" PI. If that's true, we're further down the slippery slope than I thought.
#18. To: Jethro Tull (#14)
One thing: have all your paperwork and DL ready to hand out the window immediately. I can't tell you how important it is to get the sob's away from you as quickly as possible.
#19. To: Starwind (#15)
I can't imagine them proceeding on a charge of assaulting a LEO stemming from a PI arrest, without proof of PI, and yet there is *no* mention anywhere of a DUI/ BAC test even being administered let alone the results.
#20. To: Jethro Tull (#16)
If that's true, we're further down the slippery slope than I thought.
#21. To: Starwind (#0)
Besides, I hated paperwork. Stupid arrests mean paperwork. What a waste of time this was...besides...who ISN'T drunk in Deep Ellum? She had the smarts to skate instead of drive even!! Sheesh..
#22. To: Hmmmmm (#18)
Without the DL tho, they assume you're suspended and will run a check. Same with reg. Some eager beavers will use this as an excuse to get you out of the car so they can check vin #s, etc.
#23. To: IndieTX (#21)
Yep, and everyone was happy :)
He handled it wrong. Had it been me, I'd have waved her over and said "Hey darlin'..I really don't want to see a beautiful woman smashed up by any cars..could you please keep it on the sidewalk?
#24. To: IndieTX, Grumble Jones, Starwind ALL (#21)
Indie. If we had to make an intox arrest (after an accident, fight etc) we always called in Highway to administer a breathalyzer. *And* it had to be done within two hours of the arrest or the evidence was tossed in court. Same down your way?
http://www.geocities.com/prohibition_us/BacFst.html
#25. To: Jethro Tull (#24)
I tried to do the field test one time just for shits and grins. Even though I have damn good balance and co-ordination...I still couldn't do it.
#26. To: Grumble Jones (#25)
I have an inner ear problem, so a slight nystagmus might be noted by some hot shot. But as your link indicates, nystagmus is a condition brought on by countless meds/reasons. Another thing, cops do OK with basic first aid, but to base an arrest on a physical response (nystagmus) to rudimentary field test, is bogus. My ENT specialist does quite a bit to elicit this response. But I keep forgetting what this country has become.
#27. To: Jethro Tull (#22)
Man you have been out a long time! They run a check on EVERYBODY. They even have radios in the cars now! #;o)
Without the DL tho, they assume you're suspended and will run a check.
“Of all the enemies to public liberty war is, perhaps, the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes...known instruments for bringing the many under the domination of the few…No nation could preserve its freedom in the midst of continual warfare.” – James Madison, Political Observations, 1795
#28. To: Starwind (#0)
Well that's pretty damning.
Officer Gordon has had 27 complaints filed against him in his 14-year career, most of which were ruled "unfounded" or "inconclusive." Of those inconclusive complaints, at least two involved allegations of excessive force.
Free nations are peaceful nations. Free nations don't attack each other. Free nations don't develop weapons of mass destruction. ~George W. Bush
#29. To: robin, Ceaphus Gordon (#28)
Where is lemmiwinks hiding this week?
Thanks for Prohibition and the war against drugs. Thanks for a country where nobody's allowed to mind their own business. Thanks for a nation of finks. Yes, thanks for all the memories-- all right let's see your arms!- William S Burroughs
#30. To: Dakmar (#29)
http://en.wikipedia.org/wiki/Lemmiwinks I can't believe you made me read this.
Free nations are peaceful nations. Free nations don't attack each other. Free nations don't develop weapons of mass destruction. ~George W. Bush
#31. To: robin (#30)
Isn't mass culture just kick-ass?
Thanks for Prohibition and the war against drugs. Thanks for a country where nobody's allowed to mind their own business. Thanks for a nation of finks. Yes, thanks for all the memories-- all right let's see your arms!- William S Burroughs
#32. To: Dakmar (#31)
I'm so slow today, 3 minutes before I laughed at "kick-ass".
Isn't mass culture just kick-ass?
Free nations are peaceful nations. Free nations don't attack each other. Free nations don't develop weapons of mass destruction. ~George W. Bush
#33. To: robin (#32)
Then I should have another brandy. Hell Yes! :)
Thanks for Prohibition and the war against drugs. Thanks for a country where nobody's allowed to mind their own business. Thanks for a nation of finks. Yes, thanks for all the memories-- all right let's see your arms!- William S Burroughs
#34. To: Hmmmmm (#27)
Well that blows. That means they could attempt to contact you, which would
have been impossible in my hay day.
They even have radios in the cars now! #;o)
#35. To: All (#0)
it makes my blood boil to read how the only evidence considered was the statement by this "officer". What a liar - playing down her injuries after HE assaulted HER! Michelle's needed more than one stitch - she had a chipped tooth and is going to a chiropracter because that idiot put his weight on her neck and back during his violent arrest. Where are HIS witnesses...certainly not the other officer in the car who was using a radio and couldn't see what was happening because the police car door was conveniently shut. I don't understand why the charge went further before the police bothered to interview the witnesses...and before they had conducted their internal investigation! how can Ceaphus Gordon possibly claim she was assaulting him like he says when the photographic evidence clearly show she had only one hand free during the whole sorry incident because she was holding onto her ACD leaflets all the time even when he knocked her to the ground? This pathetic, incompetent, sorry excuse for a policeman is bringing his employers and colleagues into professional disrepute by losing his self-control. how DARE he assault a woman like that and pretend he is upholding the law - he may be employed as a policeman but he is a BULLY and a dishonourable COWARD for hiding behind his uniform. he disgusts me and if i was his mother i would be ashamed to call him my son :( ruthie (sorry for sounding so angry but this is so very UNFAIR)
XXXXXX
#36. To: ruthie (#35)
I don't blame you for being angry. It is very UNFAIR as you say and it is worth getting angry over. My comment is that we should not look to the courts made by man for justice. There is no justice in the courts made by man. It is sad, but true.
#37. To: ruthie (#35)
ruthie. Your anger is the appropriate emotion to this lie. No need to apologize. But have faith. Grand juries are rubber stamps for the DA (and police state). When michelle’s attorneys get to present the full evidence to a jury, this case should flip in her favor. That is if the jury isn’t composed of the brain fried folks you see walking about Wal Mart.
#38. To: Jethro Tull (#37)
ohh i hope you are right, i really do but why should Michelle's life be so disrupted because of his unprofessional behaviour? i don't like the stuff elsewhere about her being white and him being black etc - that's got nothing to do with justice and everything to do with ignorance as far as i'm concerned. this is about a large man using his superior weight and strength and his position as a policeman to attack and hurt a smaller woman...and then having the spineless bad grace to blame it on his victim! i hope he isn't married because i'd be worried for the safety of his wife :( how can his colleagues bear to work with somebody who stoops so low? (i'm still seething - sorry for sounding off again!) ruthieruthie. Your anger is the appropriate emotion to this lie. No need to apologize. But have faith. Grand juries are rubber stamps for the DA (and police state). When michelle’s attorneys get to present the full evidence to a jury, this case should flip in her favor. That is if the jury isn’t composed of the brain fried folks you see walking about Wal Mart.
XXXXXX
#39. To: ruthie (#38)
Because police work brings with it a fraternity-like attitude that discourages his colleagues from exposing him. In the end the public suffers, as you can see.
how can his colleagues bear to work with somebody who stoops so low?
#40. To: Jethro Tull (#39)
in the case of a rogue policeman, it isn't just the public that suffers - the reputation of his colleagues and his employers is damaged. and the politicians in charge of the police are also tarnished if they take no action. for goodness sake, this is about upholding the law and standards of professional conduct. Ceaphus Gordon should be suspended while a disciplinary investigation looks into his actions. if he has acted beyond what his employers require, he should face the consequences like a man and accept the consequences. but i'm not sure that he knows about honour and professionalism - so far he has behaved like a bully and a coward...and those who cover for him deserve the same contempt :( (still seething about this - apologies!) ruthieIn the end the public suffers, as you can see.
XXXXXX
#41. To: ruthie, starwind, BTP Holdings, all (#40)
I hear you, but here’s the city’s dilemma. Do they suspend CG, thus admitting he performed wrongly, or roll the dice with a rubber stamp grand jury and a trial? If they suspend him, Michelle has a solid start to a civil case with a large punitive award. OTOH, if they roll the dice as they are, the grand jury will indict (it did and normally does). Now Michelle is forced to hire representation and go through all the possible mind games that the system will toss her way. IMO, what the city is hoping for is for Michelle to take a lesser plea, thereby avoiding trial and possible prison time. These are the facts of life, and they aren’t about right or wrong. The system really, really sucks.
#42. To: Jethro Tull, Esso (#12)
I'm high on life! And a Red Bull will do the trick with a couple of one of the many types of energy capsules when you got to be jacked up. The rope is my department. ;0)
But we're all on something, be it legal or not. Two Red Bulls could set off one of these uber-officers today. Nothing short of rope will fix this mess.
“If a nation or an individual values anything more than freedom, it will lose its freedom; and the irony is that if it is comfort or money it values more, it will lose that too.” W. Somerset Maugham
#43. To: BTP Holdings (#42)
Yes, ready the rope. It's our last, best hope :)
#44. To: IndieTX, Jethro Tull, ruthie (#21)
Indie, the guy has NO bedside manner, or any manners at all it would seem. These lunkheads are nothing more than Neanderthal throwbacks (and that might be an insult to the Neanderthal). A little finesse goes a long way. And besides, they are out there IN PUBLIC, not at all like I was when doing the concert security gig in a private setting which was under contract when a patron purchased a ticket. These thugs need to be put under a microscope and the disinfectant of sunlight made to shine brightly upon them. This would destroy them just as surely as sunlight destroys a vampire. These quasi-criminals who operate under color of law and color of office are a blight upon the body politic and need to be cut away just as a cancer is cut from the flesh.
He handled it wrong. Had it been me, I'd have waved her over and said "Hey darlin'..I really don't want to see a beautiful woman smashed up by any cars..could you please keep it on the sidewalk? And BTW, would you like to have dinner sometime? ;-) What you're a roller derby babe? Could I have your autograph?" ...and that's how I did my job.
Besides, I hated paperwork. Stupid arrests mean paperwork. What a waste of time this was...besides...who ISN'T drunk in Deep Ellum? She had the smarts to skate instead of drive even!! Sheesh..
“If a nation or an individual values anything more than freedom, it will lose its freedom; and the irony is that if it is comfort or money it values more, it will lose that too.” W. Somerset Maugham
#45. To: BTP Holdings, IndieTX, ruthie, Richard the Lurker. (#44)
What troubles me is that the system is in the process of railroading a kid because some oaf in blue was having a bad night. That phony tacked on “assault” charge is so over the top. The guy was huge and the kid was tiny, female and on fucking roller skates. Cut me a break. My guess? This case gets tossed and Michelle becomes Deep Ellum’s newest member of the millionaire club.
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