• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Riot/Failure to Dispurse & Resisting Arrest

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

lukehester

Junior Member
What is the name of your state? CT but was arrested in Mass.

My name is Luke Hester I am a 22 year old college student Connecticut. On May 6th 2007 I was visiting a friend that attends UMASS. Myself and 7 other guys met up at his off campus apartment to leave for the party. We walked to a bus stop and took a bus to the apartment complex called “The Townhouses”. After about an hour of being there the police began to disperse the crowd. I turned to see an officer carrying a paint ball gun right behind me. Having never been to the campus or ever seeing a police officer carrying a paint ball gun I remarked “You guys have paintball guns?” the officer did not respond and I simply asked “Can you guys actually use those?” At that point the officer became agitated and told us to keep moving. I was walking away and I said to my friend Kenny, “Thats bull**** man.” I continued walking across the parking lot, following behind Kenny, moving in the direction that the whole crowd was moving in when a man in plain clothes quickly approached me from my left side. He got right up in my face and demanded “Let me see some I.D.!” I quickly looked at him to try and see if he had any kind of identifying traits of a police officer such as a badge or “Police” lettering on his jacket. He did not have any of these things so I said, “Let me see your badge.” At this point the man started to reach into his inner coat pocket, I looked down expecting him to show me a badge but instead he suddenly struck me with both of his palms directly in my chest. The blow knocked me backward into a vehicle. He quickly moved to me again and grabbed my arm spinning me around and slamming me against the vehicle. Naturally I was confused as to why this was happening as anyone would be. I turned my head to the side to try and see what was going on when two police came at me from my left side. I later found out from my friend that they were in full riot gear. I was slammed repeatedly against the vehicle and the cops yelled “Stop resisting stop resisting!” over and over again. I was by no means even physically capable to resist against the force of three grown men against my back. I could only turn my head and as I started to say “I didn't even do anything!” one officer told the other to “Hit him!” at that point I was sprayed directly in both eyes and my mouth with pepper spray (Oleoresin Capsicum) which the officers later referred to as “the new stuff”. I was repeatedly kicked in the legs as they told me to “Get on the ground get on the ground.” I cried out “I'm trying!” I was still pinned and unable to get down. I was then pulled away from the vehicle and dragged to a grassy area. Someone reached into my hoodie front pouch and pulled out a can of beer from it. The officers then used excessive force to get me down. One of the officers grabbed me by the back of my head and forced it down and at the same time he raised his leg and delivered a swift knee to my right temple and across my nose. Something was then thrust into my back pushing me to the ground and my face was forced into the dirt by one of the officers hands. By no means was this degree of force necessary to place me under arrest. At this point one of my hands was handcuffed and behind my back. The other hand was under me guarding my genitals because the continued kicks were landing very close to that area of my body. They yelled again for me to put my hands behind my back and I yelled back “I'm getting kicked!”. At this point I could hear my friend Kenny Whitman saying “What are you doing? He didn't do anything.” I sustained bruises on my right upper thigh and also on my temple. Once I was down one officer remarked right into my ear “Not so tough now are you little ****er.” I was brought a short distance to a curb and was sat down on it. My eyes were on fire and mucus was pouring from my nose and mouth. I was gagging on the pepper spray and I was having difficulty breathing. Behind me I could hear two officers talking to each other. One asked the other “Is that the new stuff?” the other replied “Yea, works pretty good huh?” and they laughed. I said aloud “I need an ambulance, I need to go to the hospital.” Someone replied to me “You don't need an ambulance, you can see a medic at the station.” My friend Kyle was next to me and also Tyler who I was visiting. They told me they were both placed under arrest just for trying to ask the officers where I could be picked up later. I was then placed into the drivers' side cell of a vehicle. I had never experienced the pain caused by the pepper spray before and I was in agony. I screamed in pain and my friend Kyle told me to hold on and it would be alright. I tried to wipe my eyes and nose on my knees but it just spread the pepper spray and began to burn my knees. We came to a stop and I heard the back door open up and my friends Kyle and Tyler say “Kenny?” Our friend Kenny was put in the paddy wagon on the passengers' side of the cage divider with Kyle and Tyler. When we arrived at the station they let Kyle, Tyler, and Kenny out first and left me for last. They let me out and took me to an eye wash where I was allowed to wash out my eyes with cold water for approximately ten minuets. I forced my eyes open and looked behind me where a female officer was standing watching me rinse my eyes. I continued to irrigate my eyes and asked her “Did you guys get new pepper spray?” She started to tell me that it was “pretty new” but then changed her mind and said it had been in use for “about eight months”. I was then put in a room with Kyle for a few minuets until they took him out for the booking process. I was left in the room with mucus still pouring out of my nose and mouth for roughly another fifteen minuets.
Finally they took me out in a hallway and I was provided with a paramedic to examine me. To my surprise the medic just stood there with his arms crossed resting on a jump bag, and he simply asked me if I was “ok” I replied “No I'm not ok, I was hit with pepper spray, kneed in the head, I think my nose may be broken, I was kicked, No I'm not ok.” In response to my statements all the medic said was “You'll be ok.” I needed medical attention and I was denied it. I took a class called Honors Anatomy & Physiology with an EMT Certification when I was a senior in High School and I learned that anyone who does not desire medical care after an incident must sign a patient refusal form in order to relieve the EMT or paramedic of legal responsibility. I was not asked to sign a patient refusal form and the Paramedic did not perform a physical exam on me. The knee to my temple could have easily killed me if it were placed the right way. After the paramedic told me that I would be “ok” I was taken down the hallway and led to a room on my left. In there I was “booked” they asked me a lot of questions and took my picture then made me take off my sweatshirt and shoes. I was then put into a holding cell with my friend Kyle. We were confined for approximately two hours then allowed to make bail if we had $40 in cash in our possession. I did have the $40 and I volunteered an additional $20 to make bail for Tyler.

I went to my arrainment and got a copy of the police report. The cops' story was so twisted I couldn't believe what I was reading! They quoted me yelling profanities at the police taunting them, which never happened! The officer claimed that he approched me with his badge displayed...another lie. Basically they made me out to be some psychotic lunatic yelling trying to get people to fight the cops. I need a good attorney that will fight for me. Thanks for reading.
 


seniorjudge

Senior Member
What is the name of your state? CT but was arrested in Mass.

My name is Luke Hester I am a 22 year old college student Connecticut. On May 6th 2007 I was visiting a friend that attends UMASS. Myself and 7 other guys met up at his off campus apartment to leave for the party. We walked to a bus stop and took a bus to the apartment complex called “The Townhouses”. After about an hour of being there the police began to disperse the crowd. I turned to see an officer carrying a paint ball gun right behind me. Having never been to the campus or ever seeing a police officer carrying a paint ball gun I remarked “You guys have paintball guns?” the officer did not respond and I simply asked “Can you guys actually use those?” At that point the officer became agitated and told us to keep moving. I was walking away and I said to my friend Kenny, “Thats bull**** man.” I continued walking across the parking lot, following behind Kenny, moving in the direction that the whole crowd was moving in when a man in plain clothes quickly approached me from my left side. He got right up in my face and demanded “Let me see some I.D.!” I quickly looked at him to try and see if he had any kind of identifying traits of a police officer such as a badge or “Police” lettering on his jacket. He did not have any of these things so I said, “Let me see your badge.” At this point the man started to reach into his inner coat pocket, I looked down expecting him to show me a badge but instead he suddenly struck me with both of his palms directly in my chest. The blow knocked me backward into a vehicle. He quickly moved to me again and grabbed my arm spinning me around and slamming me against the vehicle. Naturally I was confused as to why this was happening as anyone would be. I turned my head to the side to try and see what was going on when two police came at me from my left side. I later found out from my friend that they were in full riot gear. I was slammed repeatedly against the vehicle and the cops yelled “Stop resisting stop resisting!” over and over again. I was by no means even physically capable to resist against the force of three grown men against my back. I could only turn my head and as I started to say “I didn't even do anything!” one officer told the other to “Hit him!” at that point I was sprayed directly in both eyes and my mouth with pepper spray (Oleoresin Capsicum) which the officers later referred to as “the new stuff”. I was repeatedly kicked in the legs as they told me to “Get on the ground get on the ground.” I cried out “I'm trying!” I was still pinned and unable to get down. I was then pulled away from the vehicle and dragged to a grassy area. Someone reached into my hoodie front pouch and pulled out a can of beer from it. The officers then used excessive force to get me down. One of the officers grabbed me by the back of my head and forced it down and at the same time he raised his leg and delivered a swift knee to my right temple and across my nose. Something was then thrust into my back pushing me to the ground and my face was forced into the dirt by one of the officers hands. By no means was this degree of force necessary to place me under arrest. At this point one of my hands was handcuffed and behind my back. The other hand was under me guarding my genitals because the continued kicks were landing very close to that area of my body. They yelled again for me to put my hands behind my back and I yelled back “I'm getting kicked!”. At this point I could hear my friend Kenny Whitman saying “What are you doing? He didn't do anything.” I sustained bruises on my right upper thigh and also on my temple. Once I was down one officer remarked right into my ear “Not so tough now are you little ****er.” I was brought a short distance to a curb and was sat down on it. My eyes were on fire and mucus was pouring from my nose and mouth. I was gagging on the pepper spray and I was having difficulty breathing. Behind me I could hear two officers talking to each other. One asked the other “Is that the new stuff?” the other replied “Yea, works pretty good huh?” and they laughed. I said aloud “I need an ambulance, I need to go to the hospital.” Someone replied to me “You don't need an ambulance, you can see a medic at the station.” My friend Kyle was next to me and also Tyler who I was visiting. They told me they were both placed under arrest just for trying to ask the officers where I could be picked up later. I was then placed into the drivers' side cell of a vehicle. I had never experienced the pain caused by the pepper spray before and I was in agony. I screamed in pain and my friend Kyle told me to hold on and it would be alright. I tried to wipe my eyes and nose on my knees but it just spread the pepper spray and began to burn my knees. We came to a stop and I heard the back door open up and my friends Kyle and Tyler say “Kenny?” Our friend Kenny was put in the paddy wagon on the passengers' side of the cage divider with Kyle and Tyler. When we arrived at the station they let Kyle, Tyler, and Kenny out first and left me for last. They let me out and took me to an eye wash where I was allowed to wash out my eyes with cold water for approximately ten minuets. I forced my eyes open and looked behind me where a female officer was standing watching me rinse my eyes. I continued to irrigate my eyes and asked her “Did you guys get new pepper spray?” She started to tell me that it was “pretty new” but then changed her mind and said it had been in use for “about eight months”. I was then put in a room with Kyle for a few minuets until they took him out for the booking process. I was left in the room with mucus still pouring out of my nose and mouth for roughly another fifteen minuets.
Finally they took me out in a hallway and I was provided with a paramedic to examine me. To my surprise the medic just stood there with his arms crossed resting on a jump bag, and he simply asked me if I was “ok” I replied “No I'm not ok, I was hit with pepper spray, kneed in the head, I think my nose may be broken, I was kicked, No I'm not ok.” In response to my statements all the medic said was “You'll be ok.” I needed medical attention and I was denied it. I took a class called Honors Anatomy & Physiology with an EMT Certification when I was a senior in High School and I learned that anyone who does not desire medical care after an incident must sign a patient refusal form in order to relieve the EMT or paramedic of legal responsibility. I was not asked to sign a patient refusal form and the Paramedic did not perform a physical exam on me. The knee to my temple could have easily killed me if it were placed the right way. After the paramedic told me that I would be “ok” I was taken down the hallway and led to a room on my left. In there I was “booked” they asked me a lot of questions and took my picture then made me take off my sweatshirt and shoes. I was then put into a holding cell with my friend Kyle. We were confined for approximately two hours then allowed to make bail if we had $40 in cash in our possession. I did have the $40 and I volunteered an additional $20 to make bail for Tyler.

I went to my arrainment and got a copy of the police report. The cops' story was so twisted I couldn't believe what I was reading! They quoted me yelling profanities at the police taunting them, which never happened! The officer claimed that he approched me with his badge displayed...another lie. Basically they made me out to be some psychotic lunatic yelling trying to get people to fight the cops. I need a good attorney that will fight for me. Thanks for reading.
Correct your spelling.

Cut this in half.

Use paragraphs.

Delete editorial comments.



Then...maybe someone will pay attention to you!
 

seniorjudge

Senior Member
And maybe he could, ya know, ask a legal q?? :p
Astounding!

This is a concept that I had never thought of!

Of course, my brain has never been right since I fell off the Red Rocks at a Janis Joplin concert many decades ago.

I mean...my friend....He got drunk and fell off the rocks.

Yeah, it was my friend.
 

Silverplum

Senior Member
Astounding!

This is a concept that I had never thought of!

Of course, my brain has never been right since I fell off the Red Rocks at a Janis Joplin concert many decades ago.

I mean...my friend....He got drunk and fell off the rocks.

Yeah, it was my friend.
Sure, honeybunch, whatever you say happened. :D :p ;)
 

lukehester

Junior Member
heres one

Thanks for the USEFUL advice. As for a legal question how about the denial of medical treatment? Isn't there laws against denying medical attention? How about the knee to the head? What gives the cops the right to do that?
 

lukehester

Junior Member
ok

The Police report was two pages! I figured I should be as detailed as possible. Sorry I don't go on message boards alot but isn't posting stuff like this the whole point of this board?
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top