** (Disclaimer: This video content is intended for educational and informational purposes only) **
In January 2015, Douglas Babbitt was talking on the phone in the driver’s seat of his parked van when a police officer asked if an open beer bottle on the ground near the vehicle’s front passenger door belonged to him. Babbitt said the beer was not his, nor had he seen who left it in the parking lot in front of the 7-Eleven on East 14th Street. But San Leandro Police Officer Michael Olivera continued to question Babbitt about the beer. Olivera’s body camera captured the entire incident in a nearly 12-minute video that shows how the situation escalated and led to the 51-year-old Oakland man briefly lying unconscious on the ground. Babbitt was arrested and charged with resisting a police officer, driving under the influence of alcohol and multiple weapons violations.
In July 2015, Babbitt sued San Leandro, Olivera and Officer Alexander Ying in U.S. District Court. The lawsuit alleges that the police officers violated Babbitt’s constitutional rights, used excessive force, unlawfully arrested and falsely imprisoned him. During the encounter with police, Babbitt suffered a concussion and injuries to his shoulder and face, the suit says. He seeks undisclosed compensatory and punitive damages. The Alameda County District Attorney’s office dismissed all of the charges against Babbitt, according to the lawsuit. “The reason this case is interesting is we have the whole interaction from start to finish and you can tell how these police departments handle people who are minorities, people who are driving beat-up cars, people who are in impoverished neighborhoods,” said Fulvio Cajina, Babbitt’s attorney.
In court documents, the defendants acknowledge using a carotid restraint hold to gain control of Babbitt, but deny the rest of his claims. The two officers acted “reasonably and appropriately given the circumstances,” said attorney Gregory Fox, who is representing San Leandro, Olivera and Ying. “For reasons not fully explained (Babbitt) became very upset, very belligerent,” said Fox, noting that police did not kick or strike Babbitt. “He basically refused to cooperate.” In the video, Olivera questions Babbitt while Ying shines a flashlight through the van’s passenger window. Olivera asks why he is “aggravated” and Babbitt says because the officer is asking about a beer that is not his and repeats that he does not know who left it there.
After asking Babbitt for identification, Olivera tells him to hang up the phone. Babbitt refuses, saying he wants the person on the line to hear the conversation. “Based on your aggravated manner, it appears to me like you’re under the influence,” Olivera says. “I’m not under the influence,” Babbitt responds. Olivera ignores Babbitt’s offer to take a field sobriety test. Babbitt then refuses Olivera’s order to get out of the vehicle. In the next few minutes, the video shows the officers snapping a handcuff on Babbitt’s left wrist and then Olivera says he’s under arrest for public intoxication. “I’m not drunk, I’m not drunk,” Babbitt says.
The officers twist Babbitt’s arm until he agrees to get out of the van. Very quickly, Babbitt is on the ground and surrounded by several officers yelling at him to stop resisting and put his hands behind his back. An unidentified officer applied the carotid restraint, which applies pressure on the carotid arteries and reduces blood flow to the brain causing temporary unconsciousness. “You just passed me out,” says Babbitt, a heavyset man. “I have to sit up, I can barely breathe.” Paramedics took Babbitt to San Leandro Hospital and then the city jail. While searching Babbitt’s van, police found a knife and four firearms, including one that was loaded. Although police said Babbitt’s eyes were bloodshot and watery and he smelled of alcohol, a toxicology report found that Babbitt did not have any alcohol in his system that night, according to Cajina, his attorney.
“What we find the most troubling is the use of force on a person like Mr. Babbitt. He wasn’t threatening, there was absolutely no reason to use the carotid hold,” Cajina said. Babbitt said San Leandro police had questioned and followed him before, but this was the first time he’d been arrested — an experience that left the former Army reservist shaken. “If it hadn’t been for the camera it would have been a different story,” Babbitt said. “I think the body camera kept them honest.”
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** (Disclaimer: This video content is intended for educational and informational purposes only) **
The biggest piece of shit in this story is Fulvio Cajina, the driver's attorney.
Cops acted unprofessional
Hope he won the lawsuit
Looks like a bad arrest. They’re assuming the beer was his, toxicology report later said he had ZERO alcohol in his system. Then they used a blood choke and he passed out. A man of his age and size, that could have killed him.
He was resisting and not cooperating though. I’d say there’s a way to deescalate
It's not wrong to question officers, it's not wrong to cop an attitude. Those cops were in the wrong. It's a gas station parking lot!
why police assault people with no reason every time in america? i don't blame who decide to drove off
Ya those cops suck
Babbitt sued the city last year alleging that the police officers violated his constitutional rights, used excessive force, unlawfully arrested and falsely imprisoned him. During the encounter, police used a carotid restraint hold on Babbitt, who suffered a concussion and injuries to his shoulder and face.
Was it really needed to smash his windows out, grab him like that, and take him down like that… over a beer in a parking lot? What the actual hell.
Another case of cops overkill in a situation
Police annoy someone and then blame alcohol for their being annoyed
– yeah, clever. Then they manhandle him – this is terrible.Â
It is obvious that all the times the cops say 'Stop resisting' are a cover-up
for their violence.
Did he win compensation?
Over aggressive arrest, Murica.
That's how they do things gang bangers/sovereign citizen
real easy to listen from the beginning.. Dont break the law assholes
Why is the cop being am A-hole?
I miss you so very much, they were wrong for what they did. The pain I feel is killing me..
I hate what you did to my brother San Police Dept… my brother is now dead, behind y’all stupid ass actions.
idiot cops
now he enjoy 175 k ….. paid by who? yes exactly the city …meaning the people paid for that
What a fucking bunch of unprofessional clowns. Oh. And it's not fucking illegal to have a firearm in your vehicle. It's not illegal to have 4 of them either. All loaded doesnt matter. They just tried to throw the book at him because they knew they fucked up….
these cunts makes other good cops bad
Message to Babbitt — a$$ crack kills.
The guy offered to take a breathalyzer and they should have let him take it.
I normally agree with police but this man seemed pretty confident he wasn’t drinking and honestly I believe him.
Not everybody is dirty and some cops need to realize that. Yes I’m white and I am sticking up for a PERSON who I believe was totally in the right.
What trash cops. The VICTIM here calmly answeres every single question this dipshit asks him, yet somehow the cop STILL finds a reason to have an issue with him. At no point does any officer at the scene even THINK of doing a field sobriety test or breahtalyzer to see if hes drunk. Instead it's just, "even though you are very calmly answering the question i keep asking again and again and again, im going to say you are aggressive and therefore drunk and place you under arrest, physically force you out of your vehicle and onto the ground and choke you unconscious even though i have zero actual evidence of this." This is so fucking unbelievable.
These chokeholds are so unnecessary. Should be able to control a suspect without risking killing him.
Since when is being "aggravated" an arrestable offense? And, doesn't there have to be an actual identifiable crime for which an arrest is warranted/appropriate in order for one to be "resisting arrest"??
The manner in which they initiated contact, questioning him about an open container on a sidewalk at a convenience store…wtf? That's absurd! Had they stepped to me with that crap, I would've been "aggravated" too! These officers are perfect examples of the 'bad apples' that 'spoil' the public's opinion of all law enforcement in general. Being a true LEO is a thankless, difficult & dangerous job. I truly appreciate the genuine officers in this country. The risks & sacrifices they face each day keep us all safe. However, 'bad apples' like this should be identified & thrown out asap. Before they cause any further damage.
I wish Mr. Babbitt all the best.
Ppl residing knowing they have medical conditions. He got what he deserved. Officers really had no reason to bother him but he should have listened explained afterwards and went home. Police officers jobs are no different than doctors in that we have to assess before treating that's how we're know what to treat. Officers need to assess the situation get it under control and make decisions from there.
Crack is whack ðŸ‘