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Submitted by DrewHendricks on Wed, 04/12/2006 - 8:48am.
"Long Hair" David Fawver was finally offered a plea bargain by the Thurston County Prosecutor, to which he pleaded Monday before Judge Paula Casey.
The case stems from a misunderstanding in Sylvester Park in February of 2004, which resulted in charges being laid against Long Hair for assaulting one of three Washington State Troopers who confronted him. The alleged victim is Sgt. Michael Dahl, who heads the WSP's Capitol Campus unit. Long Hair plead to two misdemeanor charges; Obstructing an officer and possession of an apparent weapon. The 6" bundle of sage Long Hair was using in his religious observance was taken to be a flaming plank by the frightened professional police officers, who attacked Long Hair by kicking him so hard he flew backwards onto the ground, where he was handcuffed. He was held in jail for about 24 hours, and released on his own recognizance. Then he was charged with a third degree felony.For most of the last two years, Long Hair's activism has suffered as he assumed that this felony, which would have been his third, would end up putting him in prison for the rest of his life. His assigned counsel Michael Jordan of Tacoma did little to assure him of any other fate. Finally, after numerous public appeals, a local anonymous donor stepped up and paid private attorney LeGrand Jones to represent Long Hair. A deal was struck, and on Monday David apologized to the court and accepted that deal. Long Hair will serve 240+ hours of community service, with a minimum of 40 hours per month to work off that debt to society, plus a $250 crime victim's fee and court costs of around $110. As the founder of the Emma Goldman Youth and Homeless Outreach Project (EGYHOP), Long Hair is familiar with long hours spent serving his community as a volunteer. He's been serving people on the street, regardless of any consideration other than need, for almost 12 years now. In his apology, Long Hair noted that he had "(failed to serve my community in the best way I could - I treat homeless people downtown with compassion every day, I should not have lost that compassion just because someone was wearing a uniform.)" The officers who misunderstood Long Hair's religious practice and took the sage bundle's sparks to be a cigarette dropping to the ground were not in court to offer their part of the apology. That's why we call it a Just Us System. |
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A smudge stick is a weapon?
Submitted by rainy gray on Wed, 04/12/2006 - 12:06pm.Sources...
Submitted by Anthony on Wed, 04/12/2006 - 1:27pm.sources for the story...
Submitted by DrewHendricks on Wed, 04/12/2006 - 3:55pm.When this happened, several copwatchers scoured the community for witnesses. I was responsible for interviewing those witnesses and writing up the recorded statements in affidavit form for their signatures. Many people worked on this case, not just me - but I ended up with a central deposit of many of the primary documents, in my role as a copwatcher and as a journalist who specializes in police / classwar issues.
The WSP documents and reports which became the basis of the charges are part of my files. The three officers each wrote a version of this incident, which I was able to compare with the witness statements of three people; Long Hair, Brydon S., and Jeff T. I have made judgements about the actions presented by those officers in the reports, in part based on what people told me happened that day. The primary witness I rely on is David himself. I have heard his story many, many times. You might object, but let me point out that David blamed and blames himself for this incident. His apology is sincere. He was wrong in many ways. But in my opinion, he was not the only one who should have de-escalated the confrontation. The officer is responsible to re-evaluate the situation dynamically, which he did not do. (He failed to look at the sage bundle when his charge that David was dropping cigarettes on the ground was disputed.)
I've posted the police documents to the Copwatch website. They are linked elsewhere and I'll try to post that link again here in this thread soon.
As it turned out, the ability to go to trial with an alternative explanation for the events of that evening was half of what earned David his plea bargain. The other half was the $1000 someone offered to pay for his private attorney's retainer.
I also interviewed Long Hair after we both sat in court Monday, as I had on one other occasion when we thought he would be facing a pretrial hearing. I've only told you the bare outlines of this event, without the political and social background of why it happened to David, at that time, at the hands of that officer. I'm still working on the documentation it would take to put that kind of thing in print, or even pixels on a screen.
Community Service for Long Hair David?
Submitted by Crusty on Wed, 04/12/2006 - 8:09pm.Yes
Submitted by Rob Richards on Wed, 04/12/2006 - 9:48pm.Also, the DRC could have been called in to settle this long ago. We could have eliminated drawn out legal proceedings and saved a lot of tax payer money. Dispute resolution is not a new idea as an alternative to criminal or civil cases and should be utilized here as it is in other places in our country. It is a way to move towards restorative justice.
This is a black eye to our legal system, and we can do better in the future. I have no doubt in my mind that David was singled out because of his years of standing up to injustice, even if it meant calling the police on the carpet. Sadly, there are a thousand "Long Hairs" out there that get Shanghai'd every day because of unfounded perceptions and stereotypes.
Sources - Police side of the story
Submitted by DrewHendricks on Thu, 04/13/2006 - 2:02pm.There are three reports, five pages total. The file names should tell you which is which.
Note that the assertion that the park closed at dusk was untrue - the signs around the park specified a time, not dusk. There are photos of the signs, which have since been changed, but I have not yet posted them here.
Michael Dahl's Report, Page one
Michael Dahl's Report, Page two
Theodore DeHart's Report, Page one
Theodore DeHart's Report, Page two
Gary Day's Report, One Page
You guys are amazing! You
Submitted by white feather on Tue, 04/18/2006 - 11:54am.You guys are amazing! You impugn the rep of several senior Troopers, accusing them of keeping their story straight, or that they should have turned a blind eye to the behavior of this Davy guy!? Please.........Davy boy should have got his ass kicked when he moved in aggressively on the Troopers. Clearly Davy let his battleship mouth overload his rowboat butt. All I can say is good for the Troopers, and thankfully they didn't get hurt and removed a jerk from the streets for short bit......hopefully Davy boy learned something!
It's so ironic...
Submitted by Rick on Tue, 04/18/2006 - 12:03pm.Doesn't matter
Submitted by white feather on Tue, 04/18/2006 - 12:15pm.That's the kind of opinion...
Submitted by Rick on Tue, 04/18/2006 - 12:33pm....you can afford to hold until it happens to you, or someone you care about.
Look at it this way: firefighters become firefighters knowing that it is a dangerous job. They don't gripe and moan about how unfair it is. They are proud to do a job that entails a large amount of risk.
Why don't police have the same ethic? "Serve and protect," isn't it? Well, not really. It's as if the police's right to self-protection is more important than the public's right to protection. Just like firefighters, cops chose a job that puts them in a dangerous situation: direct contact with people, some of whom can be crazy, out of control, or just plain stupid. Long Hair David is "the public." If self-protection is your highest concern, become an accountant.
Righting wrongs
Submitted by Crusty on Fri, 04/14/2006 - 1:32pm.I can read all the reports posted and listen to stories and review court decisions but it all leads to the same conclusion. A minor school yard fracus got the little snot nosed guy suspended and three big boys feeling proud and puffed up. All they have to do is speak with one voice and keep their stories straight. Who knows what the facts truthfully reveal?
Perhaps they did correctly infer that the little snot nosed guy had contagious or radioactive boogers, hence they were right to stomp on him. It seems the law says you can stomp on anyone as long as you don't stomp too hard. You can stomp because the person turns around and argues. It is illegal to argue. You can stomp because you SAY they argue. Who knows? The little snot nosed guy might actually have blown them kisses (I seriously doubt that). Who can say?
I use a rediculous example to illustrate a rediculous situation. The really bad part of this is that it was allowed to continue to a rediculous conclusion, which invites more rediculous situations. Near as I can tell, Long Hair David keeps his nose clean. And I've never seen him blow kisses. He frowns some, smiles some, look like he's running into something when he rides his bicycle, talks a lot, argues a little. He's just a human being who got treated like a snot nosed kid and forced to plead to something he did not do. I know he didm't threaten these WSP boys with his burning sage stick. We all know that. We don't threaten people with what we hold dear and sacred. If he brandished it, it was in a righteous gesture, or a wide sweeping cleansing gesture, not a poking or prodding gesture.
They invented a crime to fit a deluded perception. If they had convicted him of being snotty and he was doing community service for being snotty, I wouldn't even be writing. I would be handing him a kleenex and helping him do the service. But this situation is rediculous.
I wish someone had intervened before we gave officers of any sort free reign to team together and push anyone around downtown for reasons demonstrated by mutual agreement and unfounded reports. I wish we had taken the money spent on this proceeding and set up a fund at Starbucks. Here guys. Go have a free cup of coffee when the paranoia or territorial aggression gets too powerful to endure. Be human. Let everyone else be human. And carry kleenex to hand out to snotty guys instead of feeling so driven to write citations. Give the officers pencils with no leads. Force them to chew a point to it before they write a citation.
There is a special kind of dishonesty here called blowing things out of proportion. Let me make my bad day into your two bad years. Let me do it because I can, my friends support me, and hey, you're snotty anyhow. I have a special job that allowed me to get even with snotty people.
Consequently the community does what communities do next and takes sides. We side with those brave souls risking their lives every day on the bad streets, or we side with the snotty little guy who makes the streets a better place with his activism and good soul. Its not a choice any of us should have to make. I deeply resent it.
This was a witch hunt. The court burned David and his beliefs in effigy. Now I just have a couple of questions. Did it feel really good? Did it make an important point? Did it add to our sense of freedom and justice? Did it support human rights? Did it demonstrate, in a small context, what it takes to resolve conflict, solve problems, meet basic needs, and create peace? Did it build community or add to a general sense of well being? Did it promote diversity and eliminate a little bias?
Laws that answer "yes" to the above questions, need to be changed. The system that created the "yes" answers need to be changed. We can't change the people. People make stupid choices all the time. But they don't get smarter when we defend those choices. And none of us are gifted with the divine ability to judge fairness accurately all the time. Our legal systems push for vindication or conviction, absolutes and extremes. Anything requiring something less, needs to be solved first. We have created this huge buerocratic system that extends from a citation to a sentence, with not one iota of wisdom or resolution occuring any step of the way. Legal stupidity guaranteed to ensure that everyone who can lose will lose, injustices continue intact, we divide amongst ourselves on closure, and our tax dollars continue to fund the perpetuation of nonsense. It's a great system, if you're a smurf!
My simple improvements: Kleenex. Coffee funds. Broken pencils. Opening public parks to the public. Lose the rules that can't be figured out. Do more arbitration and mediation, perhaps even medication, before embarking on witch hunts.How was the public's
Submitted by white feather on Tue, 04/18/2006 - 12:42pm.If you consider...
Submitted by Rick on Tue, 04/18/2006 - 12:48pm.So why can't cops protect
Submitted by white feather on Tue, 04/18/2006 - 12:59pm.We're not talking about a bank robber...
Submitted by Rick on Tue, 04/18/2006 - 1:10pm....although, they're not "crooks" until they are found guilty of a crime (not the cop's job). We're talking about a guy standing in a public park with a piece of sage performing a cleansing ritual.
No they can be crooks before
Submitted by white feather on Tue, 04/18/2006 - 1:21pm.No they can be crooks before a conviction, they are cons after a conviction. So the guy that is leaving your burglarized house with your stereo in tow isn't a crook until he is convicted??
The report says LHD was riding his bike in the park after hours, 1st law violation. He threw down his lit cigarette, 2nd law violation, littering seems like it would be a 3rd law violation. But those are all minor, and he was going to get a ticket for those violations. Where the rub is for me he became aggressive with the cop, advanced on him and challenged the cop to a fight. In my book, the cop can protect himself, and did, seems pretty effectively.
Now if LHD was challenging Rick to a fight and acting like an butthead, Trooper Dahl would need to put his safety at risk to protect Rick. But with that said, he doesn't need to take any unnecessary risk.
What every happened to...
Submitted by Rick on Tue, 04/18/2006 - 2:54pm.innocent until proven guilty?
If LHD is challenging Rick to a fight, or Trooper Dahl for that matter, and acting like a butthead, the reasonable thing to do is say "stop acting like a butthead" and walk away.
He can't walk away, he has a
Submitted by white feather on Tue, 04/18/2006 - 2:57pm.Really?
Submitted by Rick on Tue, 04/18/2006 - 3:53pm.When did anyone say anything
Submitted by white feather on Wed, 04/19/2006 - 7:43am.Walks like a duck...
Submitted by DrewHendricks on Thu, 04/20/2006 - 10:11am.We know you're a conservative, which is paramount in this country to being a Christian. So, will you deny this? Or do you simply feel uncomfortable being dismissed as a fundamentalist whacko? I'll remind you that if you deny your faith, you will rot in Hell. And if you have no faith, you will rot in Hell. Because your loving God commands that it be so. Unless you really are not a Christian, in which case you're not really much of a conservative after all.
By the way, if you wear a silver reproduction of a torture and execution device around your neck, you might be part of a Death Cult. If you eat the body and drink the blood of your 'Saviour,' you are definitely a member of a Death Cult.
No, folks - I do not like Christianity very much, and I am very sick and tired of people who espouse its tenets without following them.
Tisk, Tisk, Drew. Don't you
Submitted by white feather on Thu, 04/20/2006 - 10:47am.Tisk, Tisk, Drew. Don't you know you are supposed play the issue not the man here?!
I will say that in my effort to be brief with my cigarette comment, you are correct the report does say that the Officer thought it was a cigarette, and it was other lighted debris. But regardless, the reason LHD got his butt knocked down was due to his earning it. As far as Dahl appologizing to LHD, I don't think he needs too. I do think LHD should appologize and he apparently did.....
Nope, not a cop, too old and too fat,,,,,although not as fat as you....oops, not supposed to do that.
I know lots of conservatives that are not Christians, my father to name one, and many of the old crusty guys I hang out with. As far as you not liking christians very much, I guess I will lose a nanosecond's sleep over that.
Personal, you say?
Submitted by DrewHendricks on Thu, 04/20/2006 - 12:46pm.Sorry, I wrote that I don't like _Christianity_ very much. Many Christians are my friends - especially the ones who are not hypocritical.
I weigh 322 pounds, so saying I'm fat is a fact, not an insult. Saying you're not as fat as I am would also presumably be a fact. I don't know.
Why would I be ashamed of being fat?
You never really answered whether you're a Christian yourself, so I'll assume you are one for now.
If you really think that I was playing you, and not your arguments, you need to take a closer look at what I wrote. I specified what behaviors on your part make me judge you as being in denial. Saying that you don't take aboard facts is far from a personal attack, it is a statement of my evaluation of what you've written. If you think that being likened to a Christian is an insult, that is your issue.
You and I disagree about David "earning" a beating. You have offered no evidence to that end, except a statement by WSP officers who had a direct and articulated reason to lie about it. On the other hand, I have three witnesses and three cops who say that the cops attacked David first. FIRST.
Does this sink into your calculations? No. Apparently the facts cannot confuse you. The only three people who say that David approached the officer menacingly were all police officers. The other three indicated that David was not advancing on the officer when the officer attacked him.
You can choose to believe the officers, but you have to discredit the other three witnesses with something better than "I don't want to listen to them, they are not cops." Unless you're not really playing the issue...
Since when do cops have to
Submitted by white feather on Thu, 04/20/2006 - 1:04pm.Since when do cops have to wait to be assaulted? I never did in the military, and I don't believe cops have to either. It's typical of you and your tactics.....the cops always lie, and everyone else is telling the truth......, risking job loss, etc. Do I think cops might lie on the job from time to time, yeah its likely. Do they do it on the stand, in their reports, under oath, very rarely. You are like that country song, looking for corruption in all the wrong places, that's one of many reasons why your copwatch group waxes weak with me. And I never heard of you giving praise to the local cops, only complaints.....The national group has credibility, yours does not.
The facts in the reports on LHD are all lies to you.....so I guess we are done with this issue.
If your not ashamed of being fat, then why DIE T? Embrace it, go to one of your demonstrations in a speedo!! LOL
Like you would know a good christian from a bad one.
No need to title this
Submitted by DrewHendricks on Fri, 04/21/2006 - 10:16am.Other options abounded for those officers. They could have stepped back a few feet, and used their words. They could have re-evaluated and de-escalated. That is what we would tell them if they were all five and doing this on a playground.
But because one person being threatened is a cop, you say he has the right to kick ass and the other person (who is also being threatened, by being surrounded by armed men who unreasonably accuse him), has no right to even SAY he will use force to defend himself. That is simply a double standard.
WOW. I never praise the police, therefore you don't have to listen to what I say. What's to say? Sorry my soundwaves are disturbing the fingers in your ears.
For your information, I have thanked the police department and individual officers from time to time. Once was for the drop in TASER use, 2004 - 2005. Once was for their actions to quickly give us pictures they took at the January 22nd 2006 Nazi rally in Olympia. (2 days from the day of request)
The National Copwatch has credibility? What are you talking about? There is no national membership group called Copwatch. There is a website, but if you think it has credibility then you have never visited it. It calls for killing officers, for one thing. The webmaster there is a convicted felon according to some, and a terrible petty tyrant on his web board according to my personal experience. You clearly do not know what you are talking about.
I didn't say I feel no shame at being fat; I was raised in the same bigoted society you were. I asked you to justify your bigotry, W(t)F. And you can't.
If you're done with this, then quit posting.
Yeah, even the Nation
Submitted by white feather on Fri, 04/21/2006 - 12:13pm.Yeah, even the Nation Copwatch has wackjobs like the local one.....and the fact I said they had more credibility than the local one lets you know what I think of YOUR group.
As far as the LHD thread, you obviously have it all figured out. The bottom line, LHD was wrong, and lost. No matter how loud you yell or how fast you write, LHD lost, suck it up.
What act of bigotry did I commit???
asshole
Submitted by DrewHendricks on Fri, 04/21/2006 - 1:07pm."If your not ashamed of being fat, then why DIE T? Embrace it, go to one of your demonstrations in a speedo!! LOL"
"What act of bigotry did I commit???"
Well lets just see if you can figure it out here... cuz I'm not going to explain it to you.
Making comments about your
Submitted by white feather on Fri, 04/21/2006 - 2:00pm.Making comments about your mass is not bigotry. It might not be nice, but not bigotry....
blah
Submitted by DrewHendricks on Fri, 04/21/2006 - 2:57pm.Pronunciation: 'bi-g&t
Function: noun
Etymology: Middle French, hypocrite, bigot
: a person obstinately or intolerantly devoted to his or her own opinions and prejudices.
"Bigots may have more in common with God than one might think. Legend has it that Rollo, the first duke of Normandy, refused to kiss the foot of the French king Charles III, uttering the phrase bi got, his borrowing of the assumed Old English equivalent of our expression by God. Although this story is almost surely apocryphal, it is true that bigot was used by the French as a term of abuse for the Normans, but not in a religious sense. Later, however, the word, or very possibly a homonym, was used abusively in French for the Beguines, members of a Roman Catholic lay sisterhood. From the 15th century on Old French bigot meant “an excessively devoted or hypocritical person.
Innocent until proven guilty
Submitted by white feather on Tue, 04/18/2006 - 2:58pm.White Feather needs to learn how to read...
Submitted by DrewHendricks on Thu, 04/20/2006 - 9:55am.WF, that is bullshit. It was not against any law to ride one's bike in the park after dark in February 2004. The signs in the park which claim it is closed at dusk were not installed until after the incident. At the time, the signs in the park said nothing about being on bikes, which the WSP also uses in the park, and it said that the park closed at 8PM. (I have photos) That's 2 hours after dusk in February.
"He threw down his lit cigarette, 2nd law violation,"
There was no cigarette. Long Hair had a piece of sage in a bundle, which apparently dropped a spark or a cherry - easily mistaken at a distance by the officer, and a reasonable reason to approach. But the officer is responsible for DE-escalation and RE-evaluation. He can't just assume guilt and plow ahead regardless of circumstances which would lead a reasonable person to have another explanation for what he observed.
"littering seems like it would be a 3rd law violation."
No, it would be the same as number two. Which did not happen. The sage cherry would not be littering.
"Where the rub is for me he became aggressive with the cop, advanced on him and challenged the cop to a fight."
Also didn't happen. This was a lie, advanced by a man whose aggressive attitude was heard literally as "I am going to FIGHT you." What the officer writes that he said was "I am going to CITE you." The point is that the armed officer and two of his buddies surrounded David, told him he was committing an offense David did not commit, and then would not re-evaluate the situation and admit they were wrong. When David got off his overloaded bike, it fell over. The officers write he "threw it down." The posture David assumed was hands out, to the sides, down at his sides (like 'OK, what?') and his words were angry (as would you be if you were surrounded and accused falsely). Then the officer kicked him in his chest.
The witnesses both agreed that the officer attacked first. The officer relates that he attacked first, pre-emptively. So the evidence for David's approaching the officer is: the officer's word. And if David did not approach? The officer goes up for Felony Assault. So who has better motive for lying in this situation?
David has apologized to the court for his part of this misunderstanding. Michael Dahl has not. Both had parts in the incident, both were WRONG. Seems that is not good enough for you; the officer has the right to be wrong and the "crook" has the right to an asskicking. Well you're wrong, WF, and if you're a sworn law enforcement officer, I hope you lose your badge. You clearly do not qualify for the job.
"Then the officer kicked him
Submitted by DrewHendricks on Thu, 04/20/2006 - 12:50pm.oops - I meant pelvis, off center as per DeHart's report page one.
And good citizen LHD has
Submitted by white feather on Thu, 04/20/2006 - 1:55pm.blah
Submitted by DrewHendricks on Fri, 04/21/2006 - 1:16pm.Asshole,,,,thats not very nice :)
Submitted by white feather on Fri, 04/21/2006 - 2:09pm.I'm sure no one can argue with you Drew.....like I said before, you have it all figured out. You might think a little clearer if you put on an aluminum hat though.