A California marijuana activist has filed a formal appeal to the Citizens Police Review Board regarding Police Chief Ken Burton’s ruling that SWAT officers’ actions during a controversial February raid were appropriate.
The appeal is the first for the board, which has been authorized to accept appeals since Jan. 1.
The letter, dated June 10 and received by Columbia police last Tuesday, calls for an appeal of the investigation into the actions of an eight-member SWAT squad that raided 1501 Kinloch Court in southwest Columbia and fired shots. Burton in May released the findings of his monthslong internal investigation into the raid, which resulted in the shooting of two dogs, one fatally, and the discovery of a misdemeanor amount of marijuana. A video of the raid has been viewed more than 1 million times online.
Investigators had believed a resident of the home, Jonathan Whitworth, was in possession of a large amount of marijuana.
Review board members over the weekend received copies of the internal investigation to review, Chairwoman Ellen LoCurto-Martinez said. The topic will be discussed at the board’s July 14 meeting, and witnesses, including SWAT officers and Whitworth, could be called to testify during the board’s interview sessions.
“Obviously, we are excited because this is why we were created,” LoCurto-Martinez said. “We have been anticipating it, and now we have it. It’s time to do our job … We need to investigate what happened and whether we agree with the chief’s decision.”
In his complaint, Ed Rosenthal of Piedmont, Calif., said the shooting of a mixed-breed corgi during the SWAT raid was unwarranted because there is no evidence the small dog was a threat. Burton said his investigation found the corgi was accidentally shot when officers were attempting to shoot a pit bull, which was killed in the raid.
Rosenthal also claims Whitworth complied with officers and should not have been “manhandled.”
“If a civilian did this to another civilian, he would be arrested for battery or assault,” said Rosenthal, director of Green Aid, a medical marijuana legal defense and education fund. He also wrote that there was no reason for a forced entry and questioned whether the SWAT procedure was “out of bounds of civil procedure and should be reevaluated.”
In his final point, Rosenthal wrote that he believes Burton “knew his officers were violating standard procedure,” and he also requested that SWAT team members be evaluated by an independent psychiatrist to determine whether they should be allowed to carry weapons. “They are a danger to society,” he wrote.
Yesterday, Rosenthal said his organization would fund independent psychiatrists for the evaluations if requested by Columbia police. His organization also might provide funding for a civil suit Whitworth is considering against the city. Whitworth’s attorney, Jeff Hilbrenner, could not be reached for comment.
Of the four points in Rosenthal’s complaint, only his concern over the dog’s shooting might be reviewable. Burton’s investigation only concerned whether actions were appropriate in the discharge of weapons related to officers’ belief that the pit pull was aggressive. Burton’s investigation did not include the “manhandling” of the suspect or the issue of forced entry. LoCurto-Martinez said the board is looking into the matter.
Anyone can file an appeal to a citizen-generated internal affairs investigation. Rosenthal said although he does not live in Columbia, he thought it was his duty as an American to file the appeal.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
* Thanks to MedicalNeed for submitting this article
The appeal is the first for the board, which has been authorized to accept appeals since Jan. 1.
The letter, dated June 10 and received by Columbia police last Tuesday, calls for an appeal of the investigation into the actions of an eight-member SWAT squad that raided 1501 Kinloch Court in southwest Columbia and fired shots. Burton in May released the findings of his monthslong internal investigation into the raid, which resulted in the shooting of two dogs, one fatally, and the discovery of a misdemeanor amount of marijuana. A video of the raid has been viewed more than 1 million times online.
Investigators had believed a resident of the home, Jonathan Whitworth, was in possession of a large amount of marijuana.
Review board members over the weekend received copies of the internal investigation to review, Chairwoman Ellen LoCurto-Martinez said. The topic will be discussed at the board’s July 14 meeting, and witnesses, including SWAT officers and Whitworth, could be called to testify during the board’s interview sessions.
“Obviously, we are excited because this is why we were created,” LoCurto-Martinez said. “We have been anticipating it, and now we have it. It’s time to do our job … We need to investigate what happened and whether we agree with the chief’s decision.”
In his complaint, Ed Rosenthal of Piedmont, Calif., said the shooting of a mixed-breed corgi during the SWAT raid was unwarranted because there is no evidence the small dog was a threat. Burton said his investigation found the corgi was accidentally shot when officers were attempting to shoot a pit bull, which was killed in the raid.
Rosenthal also claims Whitworth complied with officers and should not have been “manhandled.”
“If a civilian did this to another civilian, he would be arrested for battery or assault,” said Rosenthal, director of Green Aid, a medical marijuana legal defense and education fund. He also wrote that there was no reason for a forced entry and questioned whether the SWAT procedure was “out of bounds of civil procedure and should be reevaluated.”
In his final point, Rosenthal wrote that he believes Burton “knew his officers were violating standard procedure,” and he also requested that SWAT team members be evaluated by an independent psychiatrist to determine whether they should be allowed to carry weapons. “They are a danger to society,” he wrote.
Yesterday, Rosenthal said his organization would fund independent psychiatrists for the evaluations if requested by Columbia police. His organization also might provide funding for a civil suit Whitworth is considering against the city. Whitworth’s attorney, Jeff Hilbrenner, could not be reached for comment.
Of the four points in Rosenthal’s complaint, only his concern over the dog’s shooting might be reviewable. Burton’s investigation only concerned whether actions were appropriate in the discharge of weapons related to officers’ belief that the pit pull was aggressive. Burton’s investigation did not include the “manhandling” of the suspect or the issue of forced entry. LoCurto-Martinez said the board is looking into the matter.
Anyone can file an appeal to a citizen-generated internal affairs investigation. Rosenthal said although he does not live in Columbia, he thought it was his duty as an American to file the appeal.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Brennan David
Copyright: 2010 The Columbia Daily Tribune
* Thanks to MedicalNeed for submitting this article
