Here I think it is important to point out that the Gretna police released a statement before the video and the testimony were heard by the public "The officers responded to a potentially fatal encounter with a much lower level of violence and de-escalation of violence than would have been warranted in the circumstances." Joseph's family and millions of others disagree. Judge Willett's decision paves the way for a trial that will hopefully highlight the events that led to Joseph's death by Louisiana police.
According to the Fifth Circuit, Kendole Joseph was near a middle school. An officer at the school thought Joseph was "strange" and alerted the school officials. As the clerk approached Joseph, he ran away and into a nearby supermarket. Twelve other police officers from Gretna joined the two clerks, and eight minutes after Joseph entered the shop he was arrested and carried by the police and put in a police car. He stopped responding in the back of the car, medical personnel started CPR on him, and he was rushed to the hospital, where he died two days later.
The clerks and even the police officers testified that Joseph kept saying things about how the police were after him and how they needed to protect him from the police.
The Convenience– –business Managerbehind the counter at Time testified that Joseph looked scared and immediately went "undercover".Once on the ground, Joseph covered his face with his hands and accepted it Embryonic position. Seconds later officers Martin and Leduff followed Joseph over the counter. Officer Martinweighing 300 pounds, placed immediatelyhis full weight on Joseph, who was still lying on the floor with his legs bent to his chest. Officer Leduff began to hold on to Joseph's torso. Officer Morvant entered the business Nextstopped briefly to look above that Counter,then went behind the counter and started holding Josephs lower body Low. Then Officer Thompson entered, followed by Officer Dugas and both watched Joseph and the officers from the front page the counter. At the that point, about thirty seconds after Officer Martin jumped over the Counter, he ordered Joseph put his hands behind his back and used his Taser for eleven seconds. Meanwhile, officers Thompson and Dugas wentaround the counter and continued observe from Behind the counter. officer Dugas gave Officer Martin a batonwho pushed it down, noticeable Joseph at least twice with the pointed end.
Additional officers entered the shop and “watched” or participated in the recumbent Joseph being kicked and slapped at least three times in the head and three more times in the face more than a dozen times. Joseph was also verbally abused at least twice, once for 11 seconds and another time for three seconds. Joseph was finally handcuffed three minutes after the final slap in the face from Officer Duston Costa
While the eight-Minute encounterJoseph was down experience acute psychosis, and screaming continuously. outicer Bartlett remembered Joseph who “happened to yell Things ” and beg someone to “call the police. "Officer Faison and the branch manager reminded him Ask to the someone for "Call the … realPolice." Officer Leduff remembered Joseph calls for his mother and “Say everything Kinds of things ”including the fact that he was“ close to death ”. The business Manager called back Joseph vocation get out for his mother and keep screaming, “My name is Kendole Joseph, ” and "I don't have a gun."
Judge Willett uses this decision to outline how the use of force in such cases can be non-negotiable.
If Joseph did not actively oppose, Officers Martin and Costa added Power beyond what the Fourth amendment allowed, regardless of whether they too knew aboutJoseph's spirit-Health Status. Found the district court The Original- There are factual disputes as to whether, how, and when Joseph resisted or was dampened. We can not second-guess the existence of those factual disputes. The video does not discredit P.The Laintiffs' perspective on the facts:: Officer Martin saw Joseph jumping over the counter at a point behind the clerk Place, immediately assume the fetal position, and give no other resistance than beating his arms and legs;; and, go into the store later, officer Costa saw Joseph claim this state. And the officers do not cite any authority on it support their claim that controversial facts substantiate that of a suspect Resistance is legally irrelevant –indeed, treat the cases uniformly one Suspect's resistance as material.
Power must be reduced once was a suspect muffled.58 Especially, "Muffled" does not mean "handcuffed". If the suspect is missing all means of Evasion from custody– –For example, by being attached to the ground by several Police officerers– –Violence is not justified.59 So even if Joseph does not comply and fought against the officers at certain points during the encounter that resistance did Not justify Power unlimited.
If Gretna, Louisiana is ringing a bell for you, it could be because two of their police officers were fired in 2019 after threatening Rep. Alexandria Ocasio-Cortez's life on social media. These two bad guys with guns were furious at a wholly fabricated report that Rep. Ocasio-Cortez said US soldiers had been paid too much. It seems that the reality standards for Gretna police officers are not very high these days – just because of the facts, of course.
As Judge Willet eloquently says in the decision: "We are entitled to count on law enforcement to use no more power than necessary. And We are entitled to enforce this standard Constitutional law when civil servants fail to comply. "
Here are the names of the officers who were either actively involved in the brutalization of Kendole Joseph or complicit in doing nothing to prevent it: