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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: 3596
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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#66. To: All (#65)
Michelle wrote me saying to thank everyone for the support :) if anyone has any comments/thoughts/ideas that might help her please share it and i'll see its passed on to her... ruthie
Now why am I not surprised HOUNDDAWG .. ;) Maybe that's what the officer was trying to do... just wrestle her to the ground? ;P I wish he hadn't. That lady is a true asset to their community (you know, like our very own beautiful, sweet beloved christine is here) and she shouldn't have been face down bleeding with some fat-assed donut gobbling cop sitting on her.
hihi not only was Michelle holding the ACD leaflets in her left hand but she tells me she was also holding her yellow purse too! so she assaulted the much heavier and taller policeman with only one hand free and while she was on skates??? i really don't think so. my mother had a word for men like that - THUG :( ruthie
charmer, you. ;)
Don't get me started! Every time I am reminded of that unfortunate incident the Hellfire flies into me. If you speak with Ms. Michelle please give her my regards and tell her that I am thinking of her.
Hoo, mee?
hihi Hounddawg :) Michelle knows about this thread so she might have seen your kind words. if i'm in contact with her i'll certainly mention it :) love ruthie
hey ruthie.. after all of this is over ask Michelle to post here is she can.. we'd sure like to here from her on this! Thanks!
Thank you, ruthie.
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?
(The Gospel of Jesus Christ is the only true good news)
Unreal..
I wouldn't infer too much from that at present. That could play to Michelle's benefit as well as the prosecution until such time as Michelle is allowed to present her evidence. IIRC, Michelle was not permitted to present evidence to the grand jury, which is not surprisng either. So if, as is likely at present, it is just the one-sided prosecution's allegations on file, there is little benefit for Michelle to have those unsubstantiated and unrefuted charges 'broadcast'. OTOH, nothing prevents the press and blogosphere from digging and discussing what appears to be excessive police force, and maybe even a trumped up PI allegation. The recent 'PI raids' in Deep Ellum may be an attempt to buttress prosecution arguments of an ongoing problem in Deep Ellum: in which Officer Gordon observed Metzinger to be contributing a couple months back, yada yada yada... (as I envision the prosecution argueing).
(The Gospel of Jesus Christ is the only true good news)
Ah.. okay.. I see ~ thanks!
umm, err...how is this done please? ruthie
i'll email her but she might want to keep a low profile while things are in the courts. and its only fair to give her space - this is all so rotten for her to deal with... love ruthie
love Great.. her lawyer would probably want her to wait til this is over but after.. it would be great to hear her side of this in her own words.. Thanks ruthie for being so tenacious on this..!
that's awful - surely they wouldn't try to justify what he did? how is Public Intoxication measured btw - is it by blood or urine tests...or just the opinion of a police officer? love ruthie
Go to: http://freedom4um.com/cgi-bin/setupping.cgi? Note as you scroll down the list you can see all the current defined ping lists. Note the names and the descriptions folks have used. At the bottom (Create New Ping List:) are fields where you can fill in to create a new ping list. Pick a name (like "Metzinger News" or "Skategate" or "Roller Derby Girl") whatever apeals to you and Michelle, fill in a description of what the list is for ("news about excessive police force and charges against Michelle Metzinger" or whatever you feel is best). Hit save. Voila' :) You become the owner of the list, giving you authority to add co-owners (who can then also ping the list members), or you can also change the name of the list and it's description later. When you make a post of an article or a comment, your new ping list will appear in the drop down menu, and if you select it then everyone who subscribes to your ping list will see the new entry without you having to remember and type in (with correct spelling) their names. Anyone you make as a co-owner can then do the same.
(The Gospel of Jesus Christ is the only true good news)
wow - that was quick! i'll give it a go :) love ruthie
They sure would. If they can show that PI is a problem in Deep Ellum and Michelle was part of the problem, it may help them get a conviction which in turn helps them defend against a civil suit which could cost them a lot of money and bad PR. Deep Ellum does seem to have a PI problem. Was Michelle part of it? Don't know. Her witnesses say she wasn't. But would Dallas conduct a few PI raids to save a couple million bucks? Yep. Don't know. We've kicked that around a little. Maybe some others can dig out the facts of what proof is required of PI in Dallas?
(The Gospel of Jesus Christ is the only true good news)
I typo'd your nick on my last
(The Gospel of Jesus Christ is the only true good news)
thank you for helping me with the "ping-thing" :) (i hope its working now)
love ruthie Heads up all y'all. New ping list *Muff Thumper News* setup by ruthie.
(The Gospel of Jesus Christ is the only true good news)
It's working fine. You did good. Now you can also check periodically to see who signs up.
(The Gospel of Jesus Christ is the only true good news)
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.
(The Gospel of Jesus Christ is the only true good news)
love ruthie New ping list *Muff Thumper News* setup by ruthie. Starwind.. that was very sweet of you..thanks.. :)
LOL!! Gotta love it!! Too funny ruthie.
I found this from another site: (The Gospel of Jesus Christ is the only true good news)
Officials Make Public Intoxication Arrests Inside Bars The officers and agents also kept watch on bartenders who might have over-served patrons. Agents arrested 30 people Friday night. Most of the suspects now face charges of public intoxication. The agents and Irving police officers traveled from bar to bar and worked undercover, according to an NBC 5 report. The report also said that some agents shared tables with suspected drunken patrons. Some patrons were subjected to field sobriety tests inside bars. Agents and officers said the operation represented an effort to reduce drunken driving. Sgt. Chris Hamilton, of the TABC, said some inebriated bar patrons "end up killing themselves or someone else" after departing the businesses. POSTED: 3:59 pm CST March 21, 2006 FORT WORTH, Texas -- The Texas Alcoholic Beverage Commission sent a message to bar patrons last week. TABC agents and Irving police swept through 36 Irving bars and arrested about 30 people on charges of public intoxication. Agency representatives say the move came as a proactive measure to curtail drunken driving. North Texans interviewed by NBC 5, however, worried that the sweep went too far. At one location, for example, agents and police arrested patrons of a hotel bar. Some of the suspects said they were registered at the hotel and had no intention of driving. Arresting authorities said the patrons were a danger to themselves and others. "Going to a bar is not an opportunity to go get drunk," TABC Capt. David Alexander said. "It's to have a good time but not to get drunk." Dallas comedian Steve Harvey agreed with the Texas residents who said the arrests infringed on individual rights. "If a guy's got a designated driver, go ahead and let him get toasted," Harvey told NBC 5. Texas law states that inebriated individuals could be subjected to arrest anywhere for public intoxication. Harvey and other North Texans called the measure extreme. "That seems to be an extreme case," one man said. "You are self-contained, in the hotel, you're not going in the streets, it seems a little ridiculous." TABC officials said the sweep concerned saving lives, not individual rights. Harvey and others interviewed by NBC 5 said they believe drunken driving to be unacceptable, although Harvey wanted to confirm that the United States remains a free country. "Freedom of drinking should always be allowed, and it is only American to let a guy get drunk where he wants to get drunk," Harvey said. POSTED: 6:35 pm CST March 25, 2006 UPDATED: 9:48 am CST March 27, 2006 AUSTIN -- Lawmakers plan to review a state drinking crackdown that uses undercover agents to arrest drunk people in bars. The Texas Alcoholic Beverage Commission program, designed to stem public intoxication and drunken driving, has resulted in more than 2,200 arrests or citations since it began in August. But the program has been criticized after news reports following the most recent busts, at 30 Dallas-area bars this month. "I'm getting all those same e-mails, the Nazi, Taliban, Gestapo e-mails," said commission spokeswoman Carolyn Beck. "I don't really understand the hateful outrage. I don't understand, 'Die in a fire.' " Legislators who oversee the commission said they agree with the emphasis on public safety, but the program should be reviewed to check for abuses and to measure its effectiveness. "Somebody hanging around the hotel, a little stumbling on the way to their room? I don't think that was what we were focusing on," said Rep. Peggy Hamric, R- Houston, who authored a proposed rewrite of the statute authorizing the agency. Rep. Kino Flores, chairman of the House Licensing and Administrative Procedures, said he plans to call a meeting next month to examine the commission's work. "We're looking at it and we're going to be looking at it: Are we going too far, or do we need to go further?" the Mission Democrat said. Sen. John Whitmire, a Houston Democrat and member of both the powerful Senate Finance Committee and the Criminal Justice Committee that oversees the commission, defended the principle of in-bar citations. "Even though a public drunk is not planning on driving, that could change in an instant," he said. "There is certainly potential danger." According to the Mothers Against Drunk Driving Web site, Texas had 1,264 alcohol-related traffic fatalities in 2004, the most in the nation. The commission also points out that being drunk in public, even in a place licensed to sell alcohol, is against the law. "We can't ignore somebody who's obviously breaking the law," Beck said. In Texas, the blood alcohol limit for drunken driving is .08. But the law defines public intoxication as "not having the normal use of mental or physical faculties." Public intoxication is a Class C misdemeanor punishable by a fine of up to $500. An offender can be cited or arrested. Under the state program, bar patrons may be approached if an officer spots them behaving erratically. The officer will perform a field sobriety test similar to one for drunken drivers. A suspect may also be asked to take a breath test, although it is not required, Beck said. While Whitmore supports the safety aspect of the program, he also said lawmakers should examine whether the agency, which is funded by fees it collects, is motivated to stricter enforcement by fiscal concerns. Sen. Chris Harris, a Republican whose district includes Irving, called the recent arrests in his area "very questionable." "At first, I was generally totally in agreement with them," he said. "But there are too many stories that demonstrate an abuse of power." (The Gospel of Jesus Christ is the only true good news)
What happened to this thread? Does it look weird to anyone else?
To shrink the photos but make them fully enlargable with a click, could one of you edit ruthie's post #59 and replace her img html as follows, but replace the [ with < and ] with > so the html works: (The Gospel of Jesus Christ is the only true good news)
To shrink the photos but make them fully enlargable with a click, could one of you edit ruthie's post #60 and replace her img html as follows, but replace the [ with < and ] with > so the html works: (The Gospel of Jesus Christ is the only true good news)
To shrink the photos but make them fully enlargable with a click, could one of you edit ruthie's post #61 and replace her img html as follows, but replace the [ with < and ] with > so the html works: (The Gospel of Jesus Christ is the only true good news)
Okay.. I've not looked to see if what the properties are .. they're already in imageshack?
No JT ..its you.. looks fine to me. ;) Just kidding .. the images are too large..
To shrink the photos but make them fully enlargable with a click, could one of you edit ruthie's post #62 and replace her img html as follows, but replace the [ with < and ] with > so the html works: (The Gospel of Jesus Christ is the only true good news)
I'm pretty sure I've scoped it all out correctly. Just copy the specific html I gave you for each photo post, but replace the [ with < and ] with > (I had to use [ ] to show you what to do, 'cause if I used < > it would have been processed for real instead of displayed for you)
(The Gospel of Jesus Christ is the only true good news)
Egad. Can we shrink them? I actually don't even see them.
NAW.. its kinda fun the way it is.. ;P
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#67. To: Zipporah, christine (#54)
No woman with thighs as delicious and juicy as hers should ever be slammed to the ground unless one intends to make love to her. When I saw the pix (OMG) I was immediately sympathetic to this poor girl!
#68. To: HOUNDDAWG, All (#67)
XXXXXX
#69. To: HOUNDDAWG (#67)
#70. To: ruthie (#68)
#71. To: christine (#69)
charmer, you. ;)
#72. To: HOUNDDAWG (#70)
If you speak with Ms. Michelle please give her my regards and tell her that I am thinking of her.
XXXXXX
#73. To: ruthie (#72)
Michelle knows about this thread so she might have seen your kind words. if i'm in contact with her i'll certainly mention it :)
#74. To: ruthie (#72)
Michelle knows about this thread so she might have seen your kind words. if i'm in contact with her i'll certainly mention it :)
#75. To: All, ruthie, Jethro Tull, christine, zipporah, tom007, dakmar (#0)
#76. To: Starwind (#75)
Fyi, I have determined that Michelle's court records are sealed, or at least withheld from the public.
#77. To: Zipporah (#76)
Unreal..
#78. To: Starwind (#77)
OTOH, nothing prevents the press and blogosphere from digging and discussing what appears to be excessive police force, and maybe even a trumped up PI allegation. The recent 'PI raids' in Deep Ellum may be an attempt to buttress prosecution arguments of an ongoing problem in Deep Ellum: in which Officer Gordon observed Metzinger to be contributing a couple months back, yada yada yada... (as I envision the prosecution argueing).
#79. To: Starwind (#75)
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?
XXXXXX
#80. To: Zipporah (#73)
hey ruthie.. after all of this is over ask Michelle to post here is she can.. we'd sure like to here from her on this! Thanks!
XXXXXX
#81. To: ruthie (#80)
i'll email her but she might want to keep a low profile while things are in the courts. and its only fair to give her space - this is all so rotten for her to deal with...
#82. To: Starwind (#77)
The recent 'PI raids' in Deep Ellum may be an attempt to buttress prosecution arguments of an ongoing problem in Deep Ellum: in which Officer Gordon observed Metzinger to be contributing a couple months back, yada yada yada... (as I envision the prosecution argueing).
XXXXXX
http://www.myspace.com/ruthiesb69
#83. To: ruthie (#79)
umm, err...how is this done please?
#84. To: Starwind (#83)
XXXXXX
#85. To: ruthie, Jehro Tull, indieTx, BTP Holdings (#82)
surely they wouldn't try to justify what he did?
how is Public Intoxication measured btw - is it by blood or urine tests...or just the opinion of a police officer?
#86. To: Jethro Tull, calling all LEOs (#85)
#87. To: Starwind (#85)
XXXXXX
http://www.myspace.com/ruthiesb69
#88. To: ruthie, robin, BTP Holdings, ruthie, indie TX, christine, zipporah, Neil McIver, Tom007, Dakmar, *Muff Thumper News* (#87)
#89. To: ruthie (#87)
(i hope its working now)
#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:
#91. To: All, *Muff Thumper News* (#89)
a pic with some of Muff Thumper's supporters, and 2 with Michelle in...
XXXXXX
http://www.myspace.com/ruthiesb69
#92. To: Starwind (#88)
Heads up all y'all.
#93. To: ruthie (#91)
*Muff Thumper News*
#94. To: All (#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.
#95. To: All (#94)
POSTED: 4:04 pm CST March 15, 2006 IRVING, Texas -- The Texas Alcoholic Beverage Commission has taken its fight against drunken driving to a new level. TABC agents, along with Irving police, targeted 36 bars and clubs Friday, arresting some allegedly intoxicated patrons before they departed the businesses.
Comedian Weighs In On Public Intoxication Arrests
Program Results In 2,200 Arrests
#96. To: Starwind, all (#90)
#97. To: christine, Zipporah, ruthie (#59)
(click to enlarge)
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[a href="http://img81.imageshack.us/img81/5805/1kbvk9f1vg.jpg"]
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width=600 height=615]
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#98. To: christine, Zipporah, ruthie (#60)
(click to enlarge)
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#99. To: christine, Zipporah, ruthie (#61)
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width=750 height=565]
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#100. To: Starwind (#98)
#101. To: Jethro Tull (#96)
What happened to this thread? Does it look weird to anyone else?
#102. To: christine, Zipporah, ruthie (#62)
(click to enlarge)
[p]
[a href="http://img149.imageshack.us/img149/8748/3kbvkpia2an.jpg"]
[img src="http://img149.imageshack.us/img149/8748/3kbvkpia2an.jpg"
width=450 height=575]
[/a]
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#103. To: Zipporah (#100)
Okay.. I've not looked to see if what the properties are .. they're already in imageshack?
#104. To: Zipporah (#101)
#105. To: Jethro Tull (#104)
Egad. Can we shrink them? I actually don't even see them
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