FL-Elderly man beaten, tased in the face for ‘aggressive’ walk, dies from injuries

[Anti Federalist]

Elderly dementia patient beaten, tased in the face for ‘aggressive’ walk

http://www.policestateusa.com/2014/a...owers-beating/

16 July 2014

The officer attempted to coverup his actions by intentionally tampering with his dash-cam recorder.

MELBOURNE, FL — The subject of a controversial beating from 2011 has died following his traumatic brain injury. A mumbling, elderly dementia patient was kicked to the ground and beaten by an officer who feared that his life might be endangered by the man’s ‘aggressive’ walk towards him. The officer was later found to have tampered with his dash-cam, but remains on the Melbourne Police Department to this day.

Many pictures and rest of the story at link...

[Mani]

http://www.floridatoday.com/story/ne...dies/12469905/

The video prompted outcries of police brutality and an investigation of Middendorf's actions. Middendorf was reprimanded for disabling his patrol car's camera but was found justified in his use of force.

He continues to work for the Melbourne Police Department.

Flowers' family sued the city and police department. The lawsuit claimed Middendorf and other officers used excessive force, but a district court said the officers were justified. A federal appeals court earlier this year upheld the lower court's ruling that the officers were justified in their use of force, records show.


So his boss, the city, and the federal gov't basically told Middendorf it's OK to kick and beat elderly people to death....if they walk aggressively....It's also OK for a 2nd officer to walk up to the elderly man who's face down on the ground with Middendorf on top, and shove a taser in his face...Wow.





How the $#@! is this justified? You have a fat guy sitting on top on an old man...an old man that's been kicked in the stomach and punched a few times...

Now another guy walks up...bends ALLL the way down (looked like the cop had to reach down with some difficulty) to find the guy's face...Then tase him in the face...WTF!?

How is that justified use of a taser in any way shape or form?

[Warrior_of_Freedom]

How is that justified use of a taser in any way shape or form?

It's not. But what are you going to do about it?

[XNavyNuke]

Despite the camera being disabled, video was extracted from the hard drive.

Wait until the LEOs learn to shred their hard drives.

XNN

[kcchiefs6465]

[jtap]

Officer Middendorf stated, “[I] had to protect myself in fear he [Flowers] was going to attack me. Not knowing if he was armed or not, I struck the defendant in the face to distract him.”

Take note: Cops can do whatever they want just because they claim they don't know if you are armed or not.

[ZENemy]

It's not. But what are you going to do about it?

If someone I knew was killed by a cop in this way and was not punished I would take care of it myself with little regard for my own safety or well being.

[LibertyEagle]

Wow, how disgusting. Where is Tod's image of the rope when you need it?

[presence]

Wow, how disgusting. Where is Tod's image of the rope when you need it?

Not worthy of rope, preferred American History X curb stomping.

[JK/SEA]

If someone I knew was killed by a cop in this way and was not punished I would take care of it myself with little regard for my own safety or well being.

seems to be a popular sentiment these days....

[tod evans]

Wow, how disgusting. Where is Tod's image of the rope when you need it?

Sorry been workin'...

Get a rope!

[LibertyEsq]

We should be blaming the DA for shielding this kind of behavior just as much as we blame the police force. Police brutality should be prosecuted as a criminal act, it isn't enough to throw him off the police force.

Hopefully we'll have a president soon (or Governor, depending on the jurisdiction) who will appoint prosecutors with the balls to do so...

[tod evans]

We should be blaming the DA for shielding this kind of behavior just as much as we blame the police force. Police brutality should be prosecuted as a criminal act, it isn't enough to throw him off the police force.

Hopefully we'll have a president soon (or Governor, depending on the jurisdiction) who will appoint prosecutors with the balls to do so...

It's up to thee-n-me to hold 'em accountable, no elected official is going to do it.

[muh_roads]

We should be blaming the DA for shielding this kind of behavior just as much as we blame the police force. Police brutality should be prosecuted as a criminal act, it isn't enough to throw him off the police force.

^^ This

[phill4paul]

A family lawsuit following the incident resulted in the courts backing the police. Both a district court and a federal appeals court supported the officers’ use of force. Officer Derek Middendorf continues to work for the Melbourne Police Department.

Just-Us. The entire system is against you and for them. There is no outrage left. It is them vs. us. As simple as that. I've made my peace and will shoot dead a sonofabitch that behaves in this manner. Best get your heads on straight people. They'll be visiting you or yours sometime in the future. And they won't hesitate to kill you or yours. Because, for them, there is no consequence.

[mrsat_98]

Sorry been workin'...

Get a rope!

I'd get banned for hanging a smiley.

[Danke]

I'd get banned for hanging a smiley.

Smiley is a government informer.

[tod evans]

[Danke]

no worky.

[tod evans]

no worky.

Fixed..

[satchelmcqueen]

pussies hiding behind their tin badges!

[Mani]

We should be blaming the DA for shielding this kind of behavior just as much as we blame the police force. Police brutality should be prosecuted as a criminal act, it isn't enough to throw him off the police force.

Hopefully we'll have a president soon (or Governor, depending on the jurisdiction) who will appoint prosecutors with the balls to do so...

This is what is so sad...The farce of a justice system failed this family. the city and federal gov't shot their case down. They lost. They have no more course of action. Where's the outrage from the NAACP or Al Sharpton?

Why is it Rodney king took a beating and it caused riots? Weren't they chasing Rodney and he was on drugs and stuff? (Not that it's justified his beating...) But that caused outrage...but an old man who committed NO CRIME, walking towards a cop gets a kick in the chest and smacks his head on concrete, then gets a full beat down, and finally tased in the FACE! He DIES from his injuries...But no community stands up for him? Is it because Rodney Kings beating was so many cops and the beating was for so long? And this elderly man getting beat down by 1 or 2 cops was considered just another day??

[LibertyEsq]

This is what is so sad...The farce of a justice system failed this family. the city and federal gov't shot their case down. They lost. They have no more course of action. Where's the outrage from the NAACP or Al Sharpton?

Why is it Rodney king took a beating and it caused riots? Weren't they chasing Rodney and he was on drugs and stuff? (Not that it's justified his beating...) But that caused outrage...but an old man who committed NO CRIME, walking towards a cop gets a kick in the chest and smacks his head on concrete, then gets a full beat down, and finally tased in the FACE! He DIES from his injuries...But no community stands up for him? Is it because Rodney Kings beating was so many cops and the beating was for so long? And this elderly man getting beat down by 1 or 2 cops was considered just another day??

Well I don't know if it was thrown out on a question of law or fact. If there was a criminal charge brought, a jury would have to decide the facts, and it couldn't just get thrown out by some "tough on crime" judge based on his or her version of the facts.

And just because they lost their civil case doesn't mean a prosecutor couldn't bring a criminal case, if he or she had the guts to do so.