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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: 4867
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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Begin Trace Mode for Comment # 90.
#75. To: All, ruthie, Jethro Tull, christine, zipporah, tom007, dakmar (#0)
Fyi, I have determined that Michelle's court records are sealed, or at least withheld from the public. Ruthie, perhaps you'd like to start a ping list that folks could subscribe to so as to be notified when you have new information?
I copied the following from Cyerbina's website at http://cyberina.livejournal.com/518608.html?view=1715664#t1715664 *** Many suggested that the girl mouthed off to the officer. In the state of Texas, any officer of the law cannot legally respond in any way, shape, or form to any verbal insults. While I wouldn't suggest it, you can tell off a cop in any manner at any time without legal repurcussion. *** Someone suggested her face was possibly bloodied by her falling on her rollerskates. First, I would like to point out (even though you can't see them now) that the place where her face was against the pavement when he was using his knee to pin her down by her neck is the exact same place that was bloodied in the following photographs. It is quite possible that she got on the ground in the first place by falling, though. It is still unforgivable that, as you could clearly see in the picture, he held her down by the neck with his knee. I know 100%, beyond a shadow of a doubt that the officer most definitely received detailed lecture and hands-on training in a multitude of more humane and more effective methods of restraining and cuffing her. In fact, he received specific training on how NOT to handle her as well. *** Someone suggested the roller girl clawed at the officer. Who knows was form of resistance she gave? What I do know, though, is that an officer is only legally allowed to exact equal force, and only the force necessary to undertake the arrest. The officer was easily twice the size of the rollergirl. Pinner down her torso by her neck was certainly not equal force, nor was it a necessary move to detain her. Hello officer? Here's a tip: She's face down on the pavement. Sit on her legs instead of her neck, and bring her arms behind her back. Her muscular force cannot match your resistance. I promise. *** By all accounts of the incident, there were a very large number of officers present on the scene. Police are trained to, when necessary, use as many officers as possible to detain an arestee. Cases of police brutality most commonly occur when one officer has to do too much to detain someone. Two officers can more easily detain an arestee with far less risk of anyone getting hurt. If she was truly putting up a big fight for a little girl, more than one of those present officers should have pitched in to detain her. I also left a post there asking if her boy friend might either there (or here) post an explanation of how Public Intoxication is determined in Dallas/Deep Ellum. Otherwise, kindly note ruthie has setup a *Muff Thumper News* ping list, if you wish to subscribe. I'll not be pinging individuals further.
#94. To: All (#90)
I found this from another site:
What happened to this thread? Does it look weird to anyone else?
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#90. To: All, *Muff Thumper News*, Elliott Jackalope, HOUNDDAWG, markm0722, Jethro Tull, Red Jones, siagiah (#75)
As far as what can be accurately assessed by those pictures? I've discussed it in detail with my boyfriend, who has been trained and licensed as a police officer in Texas. Allow me to point out a few items:
Replies to Comment # 90. http://www.capitol.state.tx.us/.../htm/pe.010.00.000049.00.htm
CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
§ 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams
of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more.
(3) "Motor vehicle" has the meaning assigned by
Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water
skis, an aquaplane, or another device used for transporting or
carrying a person on water, other than a device propelled only by
the current of water.
(5) "Amusement ride" has the meaning assigned by
Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned
by Section 2151.002, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1999, 76th Leg., ch. 234, § 1, eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1364, § 8, eff. Jan. 1, 2000;
Acts 2001, 77th Leg., ch. 1420, § 14.707, eff. Sept. 1, 2001.
§ 49.02. PUBLIC INTOXICATION. (a) A person commits an
offense if the person appears in a public place while intoxicated to
the degree that the person may endanger the person or another.
(b) It is a defense to prosecution under this section that
the alcohol or other substance was administered for therapeutic
purposes and as a part of the person's professional medical
treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under
this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included
offense under Section 49.04.
(e) An offense under this section committed by a person
younger than 21 years of age is punishable in the same manner as if
the minor committed an offense to which Section 106.071, Alcoholic
Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1997, 75th Leg., ch. 1013, § 12, eff.
Sept. 1, 1997.
#96. To: Starwind, all (#90)
End Trace Mode for Comment # 90.