Nurses can be heroes too, especially when they stand up to bad cops. What's in the News with stories on the MDMA as medicine, North Korea threats, bullying homeschool families, exposed security clearances, seizure of guns, and Comey on Clinton. And Yet Another Bad Cop segment with four stories of cops who go above and beyond to lie, cheat, steal, assault, and attempt murder. This episode is brought to you by Tom Woods's Liberty Classroom, helping you to become a smarter and more informed libertarian than ever before, for just 24 cents a day.

WHAT’S RUSTLING MY JIMMIES

[1:30]

Some heroes don't wear capes. Some of them wear scrubs and go to work every day like the rest of us. Alex Wubbels, the nurse assaulted by Salt Lake City Police Detective Jeff Payne, is one such hero. 

In case you've lived under a rock the last couple of weeks, you've heard this story. William Gray was driving a semi truck in Northern Utah when he was struck head-on by a man who veered into oncoming traffic on a highway. The driver who veered into Gray died in the crash. He was fleeing from the police in a high-speed chase after a call about an erratic driver. In order to cover their ass, the cops wanted to try to pin this on the completely innocent Gray who was just driving and minding his own business, so they went to the hospital to try to get a blood draw from Gray, hoping he has some substances in his system. This would, I'm sure they thought, take the heat off of them for starting a high-speed chase that lead to the death of one man and another unconscious. 

WHAT'S IN THE NEWS

[9:52]

In drug war news, the Food and Drug Administration has approved MDMA, better known as ecstasy, as a “breakthrough therapy.” The designation should speed MDMA's approval as a prescription medicine, which could happen as soon as 2021.

In the hermit kingdom news, after Kim Jong-un appeared to blink in the prick waving contest with Trump a couple of weeks ago, North Korea has proven that Trump doesn't intimidate them. North Korea test fired a missile over the island of Japan, landing the missile safely in the ocean.

Just a few days after the missiles fired over Japan, North Korea apparently tested a nuclear weapon that was picked up by seismic stations all over the world, and this was their biggest nuclear device test to date. The US Geological Survey recorded a 6.3-magnitude earthquake that was man made. 

In homeschool news, a homeschooling family in Kentucky decided to use the solar eclipse as a learning experience for their children and did this as part of their school time. This action was allegedly reported by an unknown source to the local school district, which in turn sent an official to question the family about their field trip.

In watching the watchers news, thousands of files containing the personal information and expertise of Americans with classified and up to Top Secret security clearances have been exposed by an unsecured Amazon server, potentially for most of the year.

In unfit to exist news, the U.S. Virgin Islands Gov. Kenneth Mapp signed an emergency order allowing the seizure of private guns, ammunition, explosives and property the National Guard may need to respond to Hurricane Irma. 

In more Second Amendment news, Kansas Gov. Sam Brownback signed what is being called the nation’s most pro-Second Amendment law. The Second Amendment Protection Act exempts all guns that were made in Kansas and have not left the state from all federal gun control laws.

In they investigated themselves news, former FBI Director James Comey drafted a statement exonerating former Secretary of State Hillary Clinton for running her government emails through a private email server before completing the investigation, according to two Republican senators. Comey prepared the draft exoneration for Clinton before conducting interviews with top Clinton aides who were offered immunity for their cooperation.

AND YET ANOTHER BAD COP

[26:02]

Some episodes there are only one or two bad cop stories to go over. This time there are way more than I could do in just the news so I wanted to bring back this segment to really dive into these, on top of the one that was rustling my jimmies this week.

First on the list is an article about police in Massachusetts. Three years ago they seized more than $107,000 from a married couple who they suspected of a crime. But now, three years later, no charges have ever been filed and the couple has still not been returned their money, which they claim was earned legally.

In 2013, Proano was caught on a police dashboard camera opening fire on a stolen car just seconds after arriving at the scene of a crime. He continued shooting as the car attempted to back away from him. Two teens in the car were injured.

Not wanting to be left out, Officer Shaun Jergens assaulted a man having a medical emergency.

And, finally, in another attempted murder by cop, a newspaper photographer was shot by a deputy after the deputy mistook the man's camera for a weapon, reports say. 

 

Read Full Transcript

TEASER INTRO

Nurses can be heroes too, especially when they stand up to bad cops. What's in the News with stories on the MDMA as medicine, North Korea threats, bullying homeschool families, exposed security clearances, seizure of guns, and Comey on Clinton. And Yet Another Bad Cop segment with four stories of cops who go above and beyond to lie, cheat, steal, assault, and attempt murder. This episode is brought to you by Tom Woods's Liberty Classroom, helping you to become a smarter and more informed libertarian than ever before, for just 24 cents a day.

INTRO 

“Welcome to The LAVA Flow, channeling the flow of information to the Libertarian, Anarcho-capitalist, Voluntaryist, and Agorist community. Find us at thelavaflow.com. Here’s your host, Rodger Paxton.”

Thank you for joining me this week, home of Luther C. Ladd of Alexandria, believed to be the first soldier killed during the Civil War, this is the show that will bring you the people, places, and events that everyone in the liberty revolution needs to know. You can catch me on Twitter @TheLAVAFlowPod.

This is episode seventy, Bad Apples, and it's Tuesday, September 12th, 2017, when there have already been more than XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX people killed by police this year. What's Rustling My Jimmies this week? You're about to find out! Let’s Do It To It!

WHAT’S RUSTLING MY JIMMIES

Some heroes don't wear capes. Some of them wear scrubs and go to work every day like the rest of us. Alex Wubbels, the nurse assaulted by Salt Lake City Police Detective Jeff Payne, is one such hero. 

In case you've lived under a rock the last couple of weeks, you've heard this story. William Gray was driving a semi truck in Northern Utah when he was struck head-on by a man who veered into oncoming traffic on a highway. The driver who veered into Gray died in the crash. He was fleeing from the police in a high-speed chase after a call about an erratic driver. In order to cover their ass, the cops wanted to try to pin this on the completely innocent Gray who was just driving and minding his own business, so they went to the hospital to try to get a blood draw from Gray, hoping he has some substances in his system. This would, I'm sure they thought, take the heat off of them for starting a high-speed chase that lead to the death of one man and another unconscious. 

Payne said that he wanted to draw blood from Gray to check for drugs in order to "protect" him in some fashion, not to punish him and that he was ordered to go collect his blood by police in Logan. It is not made clear in any coverage what exactly the police would protect him from by drawing his blood without his consent while he was unconscious. Remember, Gray was the victim in this situation. But you know, protect and serve and all that nonsense. 

Wubbels refused to draw blood for the officers and she called her supervisor, who also backed up her refusal, with good reason. The rules that the Salt Lake City Police Department set up with this hospital are clear. Blood can only be requested to be drawn by police if one of three things are present; the police must have a warrant, the patient must consent, or the patient must be under arrest. None of these conditions applied to Gray. Detective Jeff Payne was the official blood draw officer for the Salt Lake City police and a trained phlebotomist, so he was not ignorant of the laws regarding this or the rules set up with the hospital by his department. He just didn't give a fuck. He knew he was breaking the law, and he did so willingly.

So, since Payne wasn't able to convince Wubbels to break the law with him, he arrested her, violently, and puts her in his squad car. She is screaming for help during this kidnapping and the video is heart-wrenching to watch.  He clearly assaulted Wubbels under the color of his badge and he was making a point of not being gentle at all. Fuck Payne in the neck.

Payne, interestingly enough, won an award back in 2014 from the department, "For outstanding dedication to a reorganization that has improved the investigative process, the Salt Lake City Police Department awards the Police Meritorious Unit Citation to Property Crimes." He was, by all accounts an exemplary cop. This just goes to show that even the "good cops" are bad cops. The bunch is spoiled, period. Payne's off-duty job was a part-time paramedic for an ambulance company that fired him over this. His job as a paramedic made it even more likely that he knew the law when it came to blood samples.

In an interesting twist to all of this, the innocent patient in all of this, William Gray, was a reserve police officer with the Rigby Police Department in his spare time. The Rigby Police Department released a statement commending Nurse Wubbels, saying, "The Rigby Police Department would like to thank the nurse involved and hospital staff for standing firm and protecting Officer Gray’s rights as a patient and victim. Protecting the rights of others is truly a heroic act." Interestingly, the Rigby police department didn't hear about this incident until the rest of us did, more than one month after the incident happened.

Also, according to The Washington Post, chief nursing officer Margaret Pearce said the hospital where Wubbels works is implementing changes in its protocol. Pearce told the newspaper that police are no longer allowed in patient-care areas like the burn unit where Wubbels was stationed. She added that officers now must deal with a “house supervisor” instead of nurses whenever they have a request. Pierce said, "Law enforcement who come to the hospital for any reason involving patients will be required to check in to the front desk of the hospital. There, a hospital house supervisor will meet the officers to work through each request." Sadly, the hospital is having to protect their staff and patients from police officers, rightly so. 

Wubbels, who is a former two-time Olympic skier, said, in a press conference, “I’m a health care worker. The only job I have is to keep my patients safe. A blood draw, it just gets thrown around there like it’s some simple thing. But blood is your blood. That’s your property. And when a patient comes in in a critical state, that blood is extremely important and I don’t take it lightly."

The Salt Lake County District Attorney's Office has launched an independent criminal investigation of the incident. The mayor and police chief have apologized to Wubbels for her treatment. Initially, Payne was only removed from his blood draw duties with the department, but after the massive backlash, Payne and an unnamed officer have been placed on administrative leave during the investigation. And, like I mentioned above, he was fired from his part-time paramedic job. But, my question is why isn't this fuck stick in a jail cell? He illegally assaulted Wubbels, kidnapped her, and threatened her. He was caught on video making threats to the hospital in response to this incident as well, saying to another officer on body cam, "I'll bring them all the transients and take good patients elsewhere." In other words, he said he was going to take homeless people who couldn't pay to this hospital while taking patients with health care or the ability to pay to other hospitals, essentially using his job as a paramedic to create a direct economic impact on this hospital. This is why he was fired as a paramedic, but this is a huge issue for me. An officer of the law, on record, saying he would act illegally by choosing where he takes specific patients as a paramedic in retaliation for this incident. This is fraud and clearly an abuse of power. He should immediately have his paramedic license stripped for this, right after he is arrested for assault. 

Lt. Tracey, Det. Payne's supervisor and the one who told Payne to arrest Wubbels also told Wubbels while she was arrested inside the police car, "If we're doing wrong, there are civil remedies. It's called First Reporting Mistreating. If we took this blood illegally, it all goes away." What the actual fuck? So this Leuitenant of the Salt Lake City Police Department is essentially saying it is ok to break the law because it can all be dealt with in court later. That has to be the most fucked up view of the law I've ever heard, especially from a law enforcement officer. To extrapolate this, he may as well be saying that it's ok for a cop to shoot an innocent person because there are civil remedies for that and the courts will deal with it. This is seriously sick thinking by someone so high up the chain in law enforcement. 

Interestingly, just last year the US Supreme Court ruled on a case that required police to obtain a warrant before requiring a suspected drunk driver to submit to a blood alcohol test. Clearly, Payne and Tracey were both breaking the law here, and they know it. This ruling protected Nurse Wubbels' decision 100%. 

Lt. Tracey was also caught on Det. Payne's body cam saying, "I don't think this arrest I going to stick." No shit, Sherlock. You knew this when you told Payne to arrest her. Payne knew it too. But, you thought you could intimidate the hospital staff into giving you your way by assaulting them. 

So, Payne gets a paid vacation out of this and loses his part time job. Big fucking deal. We can only hope the independent criminal investigation will find him culpable and that the investigators will recommend Payne's arrest on assault and illegal detention charges. If they are doing their job, they will also arrest Tracey for his illegal order to Payne and for intimidation. Tracey is just as culpable in the illegal detention since he gave the order. Too bad these officers aren't in New Hampshire where the law stipulates more serious penalties to on-duty law enforcement officers who break the law. 

I would go even further, though. The other officers who stood around watching Payne arrest Wubbels should lose their jobs immediately. They watched one of their colleagues, under the color of law, assault and illegally detain an innocent person and didn't do anything to stop it. They are law enforcement officers as well, and when one of their own is breaking the law, they have a duty to stop it, and they ignored it. This makes them culpable as well and shows that they are unfit to wear a badge. These officers need to be held accountable for their actions, just like you or I would. If I and three of my buddies went into a hospital and assaulted a nurse, we would be charged, period. Badges don't grant extra rights.

WHAT'S IN THE NEWS

In drug war news, the Food and Drug Administration has approved MDMA, better known as ecstasy, as a "breakthrough therapy." The designation should speed MDMA's approval as a prescription medicine, which could happen as soon as 2021.

This is all due to a group known as the Multidisciplinary Association for Psychedelic Studies, or MAPS, who have worked on making things like this happen for a couple of decades. Last fall the FDA gave MAPS the green light for Phase III studies of MDMA as a possible treatment for posttraumatic stress disorder, or PTSD. Stage III is the last stage before a substance can be approved as a new medicine

The designation of breakthrough therapy was created by the FDA Safety and Innovation Act of 2012 and it means the FDA thinks MDMA "may demonstrate substantial improvement over existing therapies on one or more clinically significant endpoints, such as substantial treatment effects observed early in clinical development." 

I've linked to an article on Reason.com in the show notes to this episode at thelavaflow.com/70 that goes into detail on the effects that MDMA had on subjects in the trials. It is pretty damn impressive, frankly, and leads credence to what many people have been saying for a long time. MDMA is an excellent medication for PTSD and other psychological issues in certain doses. Reason had this to say:

Nigel McCourry, a former U.S. Marine who served in Iraq, was part of the medium-dose group in the veteran study, which saw the most improvement. He was amazed at the dramatic effects of MDMA-assisted psychotherapy. After years of insomnia and nightmares, he was suddenly able to sleep through the night, and within two years he felt like this "huge healing event had taken place" because he finally "had this sense of separation from the experiences of Marine combat." McCourry is eager to share his "story of healing" with fellow veterans. Every day in America, he says, "veterans are committing suicide because they can't stand living with PTSD, and I think we could save a lot of these people if we just got this medicine available."

In the hermit kingdom news, after Kim Jong-un appeared to blink in the prick waving contest with Trump a couple of weeks ago, North Korea has proven that Trump doesn't intimidate them. North Korea test fired a missile over the island of Japan, landing the missile safely in the ocean.

This launch is a clear direct threat to Japan and a provocation to the entire region. While this was not the launch of a missile near Guam that North Korea threatened, it is still pretty ballsy. A senior US intelligence official said this would be the first missile test to pass over Japan on a high altitude trajectory. In 1998, North Korea fired a missile through Japanese airspace. 

Just a few days after the missiles fired over Japan, North Korea apparently tested a nuclear weapon that was picked up by seismic stations all over the world, and this was their biggest nuclear device test to date. The US Geological Survey recorded a 6.3-magnitude earthquake that was man made. 

North Korea's previous nuclear tests have been in the tens of kilotons range. That corresponds roughly to a weapon the size of the ones used on Hiroshima and Nagasaki at the end of World War II. It's believed that the North's earlier tests were of nuclear weapons that use uranium or plutonium (or both) for their explosive yield. This time, North Korea claims to have mastered a far more powerful hydrogen weapon. Some early estimates are putting this test in the hundreds of kiloton range. This means it is at least 10 times stronger than anything they have tested before.

This means that it is possible that North Korea has upgraded from normal nuclear weapons to thermo-nuclear weapons, modern weapons of the sort possessed by the U.S. and Russia are almost all thermonuclear in nature. It allows the weapons to pack a huge punch while fitting in a warhead small enough to be delivered by a missile. These weapons are also tens or hundreds of times more powerful than the ones used at the end of the Second World War.

James Acton, a physicist and co-director of the Nuclear Policy Program at the Carnegie Endowment for International Peace, says he says no reason to doubt the North Korean claim. "I don't have any serious doubt in my mind that this is what the North Koreans say it is, and that's a thermonuclear weapon."

This information along with the two tests earlier this year of Intercontinental Ballistic Missiles by North Korea makes it clear that their nuclear missile threat is growing by the day. We can only hope that Kim Jong Un is more concerned about preserving his own power through the threat of mutually assured destruction than he is in actually seeking revenge on the US for the Korean War.

In homeschool news, a homeschooling family in Kentucky decided to use the solar eclipse as a learning experience for their children and did this as part of their school time. This action was allegedly reported by an unknown source to the local school district, which in turn sent an official to question the family about their field trip.

According to the Home School Legal Defense Association, the following exchange ensued:

“In the nearly hour-long home visit, the assistant director told Hope that the trip that her family took to observe the solar eclipse couldn’t be counted as school time. The school official also belittled her ability to educate her children, stating that even as a professional educator he wasn’t qualified to teach his own children at home.

Through it all, Hope doggedly stuck to what she knew was right: that homeschooling was best for her children and that she was in compliance with Kentucky law. The visit ended with the school official demanding samples of schoolwork for both her children, along with attendance and scholarship records. He warned that if he did not receive these records within two days, further action would be taken.”

What the actual fuck.? How many schools around the country used the solar eclipse as a learning experience and encouraged students to take advantage of the opportunity? Many of them did, but all of a sudden when it is a family doing it for their own kids, it's not good enough.

This presents a couple of lessons for homeschooling parents. First, get yourself to a state that has more respect for the rights of homeschool families or keep yourself off the radar as much as possible. Secondly, stop giving people you don't absolutely trust 100% details on your homeschool activities. Keep muggles at a distance. As this article said, a report was sent to the school district by an unknown source. In other words, some busy body who thinks they know better than you do. Keep people like this out of your lives, or at the very least tell people like this nothing about your personal life. If this includes family, then so be it. Many, if not most, of these sorts of reports are done by well-intentioned family not realizing how badly this can turn out for their loved ones. 

________________

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In watching the watchers news, thousands of files containing the personal information and expertise of Americans with classified and up to Top Secret security clearances have been exposed by an unsecured Amazon server, potentially for most of the year.

The files have been traced back to TigerSwan, a North Carolina-based private security firm. But in a statement on Saturday, TigerSwan implicated TalentPen, a third-party vendor apparently used by the firm to process new job applicants.

Found on an insecure Amazon S3 bucket without the protection of a password, the cache of roughly 9,400 documents reveal extraordinary details about thousands of individuals who were formerly and may be currently employed by the US Department of Defense and within the US intelligence community. The files, unearthed this summer by a security analyst at the California-based cyber security firm UpGuard, were discovered in a folder labeled “resumes” containing the curriculum vitae of thousands of US citizens holding Top Secret security clearance

Other documents reveal sensitive and personal details about Iraqi and Afghan nationals who have cooperated and worked alongside US military forces in their home countries, according to the security firm who discovered and reviewed the documents. Between 15 and 20 applicants reportedly meet this criteria.

“A cursory examination of some of the exposed resumes indicates not merely the varied and elite caliber of many of the applicants as experienced intelligence and military figures, but sensitive, identifying personal details,” UpGuard said in a statement.

One applicant referenced his employment as a “warden advisor” at the infamous Abu Ghraib black site near Baghdad, where prisoners are known to have been tortured. The applicant described his job as “establishing safe and secure correctional facilities for the humane care, custody, and treatment of persons incarcerated in the Iraqi corrections system.” Another applicant reportedly stated that he was involved in “enhancing evidence” against Iraqi insurgents during the war. Others, who provided their home addresses, as well as personal email accounts and phone numbers, were employed and may be currently employed by US spy agencies for work on Top Secret surveillance and intelligence-gathering operations.

So, it seems that a bunch of statist bad guys had their personal information leaked and now they are in a tizzy. But they are fine with seeking every bit of data on you and I that they can. I'm sorry but I have no sympathy for these folks. Maybe that's the wrong attitude to have, and it probably is considering I doubt all of these folks who had their data breached were bad guys, but it certainly has a sense of retribution to me.

In unfit to exist news, the U.S. Virgin Islands Gov. Kenneth Mapp signed an emergency order allowing the seizure of private guns, ammunition, explosives and property the National Guard may need to respond to Hurricane Irma. 

The order states that Adjutant General Deborah Howell is “authorized and directed to seize arms, ammunition, explosives, incendiary material and any other property that may be required by the military forces for the performance of this emergency mission" and "“to take whatever actions she considers necessary” to maintain public order.

Chris W. Cox, executive director of the NRA’s Institute for Legislative Action said, “People need the ability to protect themselves during times of natural disaster. This dangerous order violates the constitutional rights of law-abiding citizens and puts their lives at risk. When 911 is non-existent and law enforcement personnel are overwhelmed with search-and-rescue missions and other emergency duties, law-abiding American citizens must be able to protect their families and loved ones. The NRA is prepared to pursue legal action to halt Gov. Mapp's dangerous and unconstitutional order.”  

In 2005, New Orleans Mayor Ray Nagin signed a similar order allowing seizure of guns, assault rifles, and other weapons, ahead of a forced evacuation from those still living in areas affected by Hurricane Katrina. The NRA filed a lawsuit after Katrina claiming New Orleans violated gun owners’ constitutional right to bear arms and left them “at the mercy of roving gangs, home invaders, and other criminals” after the hurricane. Congress later passed the 2006 Disaster Recovery Personal Protection Act, which was meant to prohibit future confiscation of weapons during an emergency.

So much for the Constitution protecting your rights to own a gun and use it to protect yourself. The Constitution is clearly unfit to exist.

In more Second Amendment news, Kansas Gov. Sam Brownback signed what is being called the nation’s most pro-Second Amendment law. The Second Amendment Protection Act exempts all guns that were made in Kansas and have not left the state from all federal gun control laws.

Kansas state rep Brett Hildabrand argued that Kansas’ new statute should survive a constitutional challenge that a state cannot overrule the federal government because it only covers guns that stay in Kansas and therefore, he said, are not covered by the Constitution’s commerce clause.

Robert Cottrol, a law professor at George Washington University, disagreed with Hildabrand, saying that the commerce clause would apply to the Kansas law. According to Cottrol, Supreme Court precedent says that generally trade within a single state that affects trade in a given industry nationwide is covered under the commerce clause, even if a particular transaction occurs entirely in one state. Hell, as we've talked about on this show before, the US Supreme Court has even said the commerce clause covered a farmer growing wheat on his own land for his own consumption because it still had an effect on interstate commerce because he didn't buy his wheat on the market. Unfit. To. Fucking. Exist.

At the same time, though, Cottrol suggested there are other ways for states to override federal gun laws. Since those federal laws largely exempt agents of law enforcement, he said, it might be possible for a state to get around federal restrictions by declaring all gun owners to be police officers.

Cottrol said, “That might be one way to shield a large section of the population. Declare a large number of citizens deputies. That would be in the power of state government.”

In they investigated themselves news, former FBI Director James Comey drafted a statement exonerating former Secretary of State Hillary Clinton for running her government emails through a private email server before completing the investigation, according to two Republican senators. Comey prepared the draft exoneration for Clinton before conducting interviews with top Clinton aides who were offered immunity for their cooperation.

Comey would go on to announce in July 2016 that the FBI would not recommend charges against Clinton -- although he sharply chastised her decision to conduct State Department business through a private email server.

Senate Judiciary Chairman Chuck Grassley and Sen. Lindsey Graham wrote in a letter to FBI Director Christopher Wray seeking more information, "Conclusion first, fact-gathering second -- that's no way to run an investigation. The FBI should be held to a higher standard than that, especially in a matter of such great public interest and controversy."

In one exchange from redacted transcripts from interviews of FBI aides to Comey, an unidentified FBI aide says that Comey first wrote a draft of the July statement in May 2016. The aide said, "There were many iterations, at some point, there were many iterations of the draft that circulated."

Some folks familiar with the investigation are saying he hadn't already made up his mind prior to the investigation completing, blah blah blah. If that's the case, then why didn't he write a draft going the other direction as well? It is clear he made up his mind before the end of the investigation. Once again, the government investigated itself and found it did nothing wrong.

AND YET ANOTHER BAD COP

Some episodes there are only one or two bad cop stories to go over. This time there are way more than I could do in just the news so I wanted to bring back this segment to really dive into these, on top of the one that was rustling my jimmies this week.

First on the list is an article about police in Massachusetts. Three years ago they seized more than $107,000 from a married couple who they suspected of a crime. But now, three years later, no charges have ever been filed and the couple has still not been returned their money, which they claim was earned legally.

On October 25, 2012, Adam and Jennifer Perry were stopped for speeding in Henry County, MA, according to the Dispatch-Argus. Police searched the couple's Toyota Tundra and found a suitcase containing $107,520 in cash. And although no drugs were found, the police suspected the Perrys of criminal activity, so they seized the cash and the Toyota Tundra.

After hours of questioning, the Perrys insisted they did nothing wrong and were simply on their way to a doctor's appointment in Salt Lake City, Utah. The money, they say, was from insurance settlements, vehicle sales, personal income, and other legal means. With no evidence of a crime, the police eventually let the Perry's go. But a federal asset forfeiture program allowed the police to keep every dollar in the car, as well as the car, without even pressing charges.

Now get this shit, a federal judge recently demanded that the couple prove how they got the money. Guilty until proven innocent my ass. This is absolutely theft made legal and asset forfeiture has been deemed Constitutional several times.

While theft is bad, it doesn't touch attempted murder. Thankfully, this case ended up with the cop convicted, although of a much lighter charge than he should have been.

Officer Marco Proano, 42, was convicted after just four hours of deliberation of two felony counts of using excessive force in violation of civil rights. The maximum federal penalty for his conviction is up to 10 years in prison. He will actually serve much less time, given his lack of a criminal record. This is, remarkably, the first time a Chicago police officer has been convicted of federal charges for his on-duty behavior as a cop.

In 2013, Proano was caught on a police dashboard camera opening fire on a stolen car just seconds after arriving at the scene of a crime. He continued shooting as the car attempted to back away from him. Two teens in the car were injured.

Prosecutors argued (and had training officers testify) that Proana violated training about when and how to use his weapon. U.S. Attorney Joel Levin told the press yesterday after the conviction that the existence of the video played a major role in getting the conviction, and he wasn't sure they would have met the burden of proof without it. Here, ladies and gentlemen is yet another reason to film cops any chance you get!

A disappointing, but not surprising detail: Not even the rare federal conviction will force the local police union to consider that officers can or should be held accountable for this type of reckless on-the-job behavior. Fraternal Order of Police President Kevin Graham complained, "It seems that the criminal elements in our society are not accountable in our justice system, while the police face an intense scrutiny for every split-second decision they make." Are you fucking serious right now? This jack booted thug has clearly lost his grip on reality. He is yet another bad apple and the reason that the bunch is spoiled. Don't cross that thin blue line!

Not wanting to be left out, Officer Shaun Jergens assaulted a man having a medical emergency, I shit you not! David Washington was driving his car down Route 1 near the University of Mary Washington when he experienced a medical emergency. He was having a stroke which caused him to black out, hit a jeep, and cross over the median striking a road sign. The driver of the jeep called 9-1-1 to report the crash and Officers Matt Deschenes and Crystal Hill arrived on the scene followed by officer Shaun Jergens. Body cam footage shows the officers didn't give a shit about the man in obvious medical distress.

As the Free Lance-Star reports:

The suit claimed Deschenes and Hill held Washington at gunpoint for several minutes as he sat unresponsive in the driver’s seat of his stopped car. The officers asked him to show his hands and exit the car, but Washington could not do so because he had suffered from a stroke while driving.

According to the lawsuit, Jurgens arrived several minutes later and fired a Taser at Washington with no verbal warning, striking him in the face. Deschenes then holstered his firearm and opened the driver’s side door of Washington’s car, “further confirming” the suspect had no weapons.

The body cam confirms that as Jergens approached the car, the distressed and unresponsive Washington was blasted with pepper-spray and tasered. And, after Jergens assaulted Washington, he said, “Get out the car or I’m going to fucking smoke you." To a man who was clearly having a medical emergency. Watch the video of this. There is no doubt Washington was having a stroke. 

Jergens then dragged the sick man out of his car and continued his assault by laying him on the hot asphalt. As if being pepper-sprayed, tasered, thrown on the ground and handcuffed after having a stroke wasn’t enough, police allowed the car to roll on top of Washington’s foot. Washington was then taken to the hospital to be treated for his assault and doctors discovered that he had in fact been experiencing a stroke.

According to the lawsuit, because police waited so long to bring Washington to the hospital and because of the “unreasonable use of force” this contributed to his condition, which is expected to be permanent. According to the suit, Washington cannot stand without assistance and his speech is now impaired.

Jurgens resigned from the department on May 14 only to turn around and get hired as a Spotsylvania County sheriff’s deputy. Jurgens then sued the department for defamation because the chief called the officer’s actions of pepper-spraying and tasering a stroke victim in the face ‘inappropriate.’ Yes, not only is this jack booted thug still a cop, he has the balls to sue the department for defamation for the truth being told. Fuck this guy in the neck. No charges were ever filed against Jergens for his abuse. None of the officers involved faced charges for failing to stop this assault either. However, get this now, Washington, the victim here, was charged with hit-and-run, hit-and-run (property damage), reckless driving, and driving on a revoked or suspended license.

Washington sues and now the taxpayers of Fredericksburg, VA will shell out an unknown amount of money to cover for this cops abuse.  The lawsuit requested $5 million and alleged excessive force, denial of medical care, battery and other wrongdoing by the officers. Of course, the officers will never pay a penny of this. And this is why these things keep happening. If the cops were held personally responsible for this sort of conduct, it would stop happening really fucking fast, I bet.

And, finally, in another attempted murder by cop, a newspaper photographer was shot by a deputy after the deputy mistook the man's camera for a weapon, reports say. The New Carlisle News reports its photographer, Andy Grimm, was taken to Miami Valley Hospital for surgery and is expected to recover from his wound. 

Grimm had his camera and a tripod and was outside at about 10 p.m. Sunday attempting to take photos of lightning during a storm, the News reports.

Clark County Deputy Jake Shaw reportedly was on a traffic stop that didn't involve Grimm when he saw the photographer with the tripod and camera and mistook it for a weapon. Shaw then fired at Grimm, the News reports. Grimm tells the News he was in full view of Shaw and that the deputy gave him no warning before firing.

Now, put yourself in this cops shoes, or hell, any of the cops in this episode today. What would happen to you if you shot a man who you "thought" had a gun without any warning? More than likely you would be charged, as you should be. But seriously, aren't cops trained in weapons identification? 

The worst part of this? The victim of this shooting is apparently a boot licker. He said he knows Shaw and that he hopes the deputy will not lose his job over the incident. What the actual fuck? Losing his job should be the least of Shaw's problems. He should be behind bars.

OUTRO

Thank you for listening to the show this week. As always, I need to thank my favorite voice actor, Jessica, for her help with this show. For the show notes to this episode, where I put links and other information that has been on this show, go to thelavaflow.com/70.

I have two new iTunes review this week.

Ripjockey said:

Incredible! Rodger has a voice any radio announcer would kill for, and he puts it to VERY good use.

Thanks, Rip!

And Ryan1822 said:

Yes! Finally we have an AnCap podcast. Even if you're not a libertarian or an AnCap you should listen to get a different point of view.

Thanks, Ryan. If you're looking for another AnCap podcast, I suggest checking out the Ancap Barber Shop at ancapbarbershop.com.

Remember, iTunes helps to steer people to this podcast based on ratings and reviews, so please go to thelavaflow.com/itunes and leave me a rating and a review. All the cool kids are doing it. Thank you to everyone who has left me a rating and a review so far. You guys rock!  To all of you who haven't, can you guys help me out and go leave a review for me? Go to thelavaflow.com/itunes to do that now.

I have one new supporter of the show this week. Daniel pledged $2.50 per episode using Patreon. Thanks so much for helping me get closer to my next level, Daniel! You rock!

Thanks to Daniel and all of my awesome supporters, I am now at $228 per episode or 91.2% of the way towards my next goal of $250. Getting closer! When I hit this next goal I will be bringing you a full episode of The LAVA Flow every single week instead of every other week. I know you want more content from me and I want to give it to you, so add your pledge today to help me bring you twice the LAVA Flow that you're getting today.

If you, like Daniel, want more of the LAVA Flow, exercise your free-market muscles by going to http://thelavaflow.com/support and giving a per-episode donation of as little as a buck an episode using Federal Reserve Notes through Patreon or Bitcoin through Coinbase. I want to be able to bring you more content soon, so make sure to add your donation today to help make that happen!

Until next time... keep striking the root.

This has been a Pax Libertas Productions Podcast.

 

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