No More Arbitration for Officers Fired for Using Excessive Force - Tulsa, OK

[pacodever]

This seems like good news if bill is passed. Termination for excessive use of force could only be appealed in district court, instead of a closed door arbitration by a "neutral" party which seems to frequently result in reinstatement.

Seriously, if the police chief is firing the officer for excessive force, that officer is probably a ticking time-bomb waiting to blow up on a civilian and a huge liability to their police department.

Not sure if this could be misused by corrupt police chief against a good officer, since it would still require an excessive force complaint and investigation. If that were the case, the chief would be opening up a can of worms by chancing an appeal in district court.

Area police chiefs support bill limiting arbitration for fired officers

Sen. Brian Crain: "The public should not be subjected to a junkyard dog - that's me saying that, not the chiefs - in a uniform."
By RANDY KREHBIEL World Staff Writer
Published: 2/23/2013 1:57 AM
Last Modified: 2/23/2013 8:03 AM

Tulsa-area police chiefs spoke out Friday in support of legislation that would strip the right to arbitration from officers who have been fired for using excessive force.

Senate Bill 854 by Sen. Brian Crain, R-Tulsa, stems from a case in which an arbitrator ruled that Owasso Police Lt. Mike Denton was improperly fired for excessive force, even though the arbitrator agreed that Denton was out of line when he elbowed a prisoner in the face three times in June 2011.

The arbitrator's decision was later overturned by Tulsa County Associate District Judge Dana Kuehn.

"The arbitrator said, 'Yeah, he used excessive force, but he shouldn't have been fired,' " Crain said. "The public should not be subjected to a junkyard dog - that's me saying that, not the chiefs - in a uniform."

SB 854 says collective bargaining agreements - which in Oklahoma include a provision that termination disputes will be settled by arbitration - would "not apply to police officers that were found to have used excessive force in performing their duties and were terminated for that act."

Under Crain's bill, an officer challenging termination would have to go to district court.

At least eight area police departments were represented at the news conference in the Indian Nations Council of Governments office in downtown Tulsa. City managers and mayors from several other municipalities also attended.

Those speaking included Owasso Interim Police Chief Scott Chambless and Tulsa Deputy Police Chief Dennis Larsen.

The thrust of the comments from them and others was that arbitrators tend to favor officers and have little or no law enforcement experience. They said keeping officers who have used excessive force or otherwise acted improperly undermines public trust and department discipline.

Tulsa Fraternal Order of Police President Clay Ballenger said he was "surprised that chiefs of police and cities would be for this."

Ballenger said relying on the courts to decide termination cases will be more expensive than arbitration and will make cases susceptible to a long appeals process.

"I don't think they understand the ramifications of this," he said.

http://www.tulsaworld.com/news/artic...3_CUTLIN304889

[KrokHead]

I bet they only passed that measure to lower the budget and to bring in SCAB cops!!!

[phill4paul]

So this guy was reinstated and given $366,000 in back pay....

Guess who's back in the news....

Oklahoma cop facing felony charges after savagely beating unarmed suspect with butt of shotgun

Oklahoma cop has been charged with felony assault after beating a suspect with the butt of a shotgun while other officers held him down, Tulsa World is reporting.

Owasso Police Lt. Michael Dwain Denton, 49, has been suspended and faces assault and battery with a deadly weapon and reckless conduct with a firearm following a high speed car chase on June 14, caught on a police cruiser dash cam.

In the video, officers can be seen warily approaching a truck driven by a suspect identified as Cody Matthews.

With fellow officers aiming their weapons at the truck, one officer breaks the driver-side window using his baton. Denton can then be seen entering the picture and using the barrel of his shotgun to strike Matthews in the face before officers drag the man out of the vehicle.

As Mathews is dragged to the ground by multiple officers, Denton once again can be seen standing above the prone Mathews and using the butt end of his shotgun to repeatedly strike Mathews, as well as one of his fellow officers.

According to prosecutors, Denton demonstrated a “conscious disregard” for the safety of other law enforcement officers and created a “situation of unreasonable risk” for his fellow officers and Mathews by using the shotgun.

“Essentially, striking anybody in the head with a hard object is considered deadly force. And you can only use deadly force in a circumstance where it’s justified,” explained Kevin Buchanan, district attorney for Nowata and Washington counties.

Equally concerning to Buchanan was Denton shoving the barrel of the gun — approximately nine times –into Mathews’ truck.

“There are two things that cause me concern, and one is the shotgun barrel through the window,” Buchanan said. “He was striking the person that had been stopped with what I’ll call the business end of the shotgun, as well as one of police officers who was trying to take that man into custody.”

This is not the first time Denton has been accused of brutalizing a suspect.

In 2011 he was fired after video (seen below) showed him mocking a handcuffed suspect before repeatedly elbowing him in the face.

Denton sued for reinstatement and an appeals court ordered him reinstated with back pay totaling $366,000.

The officer is expected to surrender himself Monday morning following the Friday indictment.

Edit to add link: http://www.rawstory.com/2015/10/okla...tt-of-shotgun/

[Anti Federalist]

According to prosecutors, Denton demonstrated a “conscious disregard” for the safety of other law enforcement officers and created a “situation of unreasonable risk” for his fellow officers and Mathews by using the shotgun.

His mistake was putting his brothers in blue in danger.

Had he just backed them off, he could have beat the suspect to death without any repercussions.

[acptulsa]

His mistake was putting his brothers in blue in danger.

Had he just backed them off, he could have beat the suspect to death without any repercussions.

Yeah, but that was only part of it. This was after he chased someone out of his own jurisdiction. Part of the 'blue brotherhood' dynamic is the cops being acquaintances and colleagues. He went ape in front of guys who didn't know him, which makes it that much more likely someone would freak out. Especially when he was less than careful how he aimed that gun butt.

It's interesting to note the way the powers that be use the unions to advance the tyranny. If they directly ordered their cops to violate our Constitutional rights and to place their authority above the needs of justice, there would likely be a backlash. They have for decades now been avoiding that by having the firing the cops for doing the tyrannical thing, then rehiring them when the FOP arbitrates. Just a paid vacation, don't let it bother you.

The union sure smells like it's just cover for their tyranny. But no doubt they'll tell you all day that the union has enough power over the powers that be to force their hand, even though they could obviously pass legislation at any moment to end this crap and mandate that fired cops are fired.

[Ronin Truth]

Just charge 'em with assault and then lock 'em up without bail.

The rest may then begin to get the hint.

[phill4paul]

Just charge 'em with assault and then lock 'em up without bail.

The rest may then begin to get the hint.

And then, when he doesn't show up for work because he's in jail, fire him for being a no-show. That's how the game is played with non-blue line citizens.

[roho76]

The only solution, if your going to have a standing military/police force, is to make the officers bonded with an insurance policy. If they can't get insured they can't be cops. IF you're going to have a police force this is a must. When one cop $#@!s up the premiums for all the other officers in your department feel the heat.

[tod evans]

Justice will not be found in their courts.

[phill4paul]

Justice will not be found in their courts.

Ayup.

Owasso Officer Found Not Guilty Of Excessive Force

Jurors found an Owasso police officer not guilty of excessive force during an arrest.
Officer Mike Denton was found not guilty of assault and battery with a deadly weapon and reckless conduct with a firearm.

Dashcam video from June 2015 shows Denton hitting a suspect of a high-speed chase with a shotgun.

The altercation came at the end of a chase that stretched from Tulsa to Nowata and ended with the suspect’s arrest.

The video shows Denton sticking the shotgun in and punching it on the suspect who had just been Tased.

Another officer appears to stop Denton, but when the suspect – who had a knife – was pulled out, video shows Denton hit him with the gun multiple times.

In a statement, Owasso Chief of Police, Scott Chambless, said:

“Today, March 8th, 2017, former Owasso Police Officer Mike Denton was acquitted by a jury in Nowata County on the charges of Reckless Conduct with a Firearm and Assault and Battery with a Deadly Weapon. As Chief of Police of the Owasso Police Department, I affirm my respect for the rule of law and judicial process. The burden of proof in a criminal trial is the highest of any judicial process, as it should be. The outcome of the trial in no way diminishes my belief that the decisions made by Mr. Denton are inconsistent with Owasso Police Department policies and the department’s core values.”

Denton was also accused of using excessive force in 2011 and fired from the Owasso Police Department, but the Oklahoma Court of Civil Appeals ordered the City to reinstate him.

http://www.newson6.com/story/3470078...xcessive-force

[fisharmor]

...So did the bill pass?

If it did, it seems like they already got around it: if they can't arbitrate any more when a cop gets fired, then just don't fire them.

[jmdrake]

According to prosecutors, Denton demonstrated a “conscious disregard” for the safety of other law enforcement officers and created a “situation of unreasonable risk” for his fellow officers and Mathews by using the shotgun.

His mistake was putting his brothers in blue in danger.

Had he just backed them off, he could have beat the suspect to death without any repercussions.

Beating someone with a shotgun in inherently dangerous because the shotgun could go off. Had he used a nightstick? No problem.

[osan]

Seriously, if the police chief is firing the officer for excessive force, that officer is probably a ticking time-bomb waiting to blow up on a civilian

Aren't they all?

and a huge liability to their police department.

Since when do PDs care about this? Definitely news to me, and likely fake at that.

Not sure if this could be misused by corrupt police chief^† against a good officer^††

† Department of Redundancy Department

†† Who cares what they do with the corpses?