Do City Of Racine Police Have The Authority to Kill a Minority? Part I

Unable to find a  publicly available “Use of Force Policy” Directive at either the City of Racine or Racine Police Department website, it would appear that Chief Art Howell has left that question “open for debate”; or perhaps hidden behind an open records request.

Debating ‘use of force:’ Racine’s police chief fields questions from city leaders

Posted 9:50 pm, September 15, 2015, by

RACINE — A police officer’s use of force was the subject of discussion inside Racine’s city hall on Tuesday evening, September 15th. The police chief addressed policies just a few weeks after cell phone video showing officers tasering and kneeing a wanted man sparked outrage.

Racine Police Chief Art Howell

Racine Police Chief Art Howell

In front of the Common Council’s committee of the whole, Racine Police Chief Art Howell was asked to address the department’s policies on ‘use of force.’

“When people comply, 95 percent of the time, there’s no problem,” said Howell.

FOX6 News asked the chief about one stat that was missing. We wanted to know how many cases have been investigated and determined that an officer was unjustified in their use of force.

“You can make an open records request for any of that data,” said Chief Howell.

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A simple google search returned the following results –

 

Further research discovered that the Village of McFarland, WI Police Department provides a publicly available “Use of Force” Directive available on their website which has “adopted the system of Defensive and Arrest Tactics (commonly referred to as DAAT), techniques and mechanics sanctioned by the Wisconsin Law Enforcement Standards Board. This policy incorporates the Disturbance Resolution Model (See appendix A).

The following sections of the Wisconsin State Statutes are recognized as legal authority or privilege, within their defined limits, in the use of force:

939.45(4) Conduct in reasonable accomplishment of a lawful arrest.

939.48 Use of force in self-defense and defense of others.

939.49 Use of force (but not deadly force) in defense of property.

968.14 Use of force in executing a search warrant.

968.25 Authority for officers under defined circumstances to search a person during temporary questioning.”

The document is available for viewing at the link: http://www.mcfarland.wi.us/index.asp?SEC=B054DA5E-894E-4CD6-83B0-F99A03B27815&DE=20431E38-641F-4181-932D-381A0E85DEDD&Type=B_BASIC

Or you may download a copy from the link: MPD Use of Force Policy

So when is using lethal force authorized, in compliance with the current training manuals, published by the Wisconsin Department of Justice Law Enforcement Standards Board?

V         Procedures

A.      Deadly Force: Deadly force refers to the intentional use of a firearm or other instrument, the use of which would result in a high probability of death.

1.         An officer may use deadly force when a subject has caused or imminently threatens to cause death or great  bodily harm to the officer or another

2.         Deadly force is to be used to respond to behavior, but only if no other reasonable option is available.

3.         In a limited number of instances, an officer may use deadly force in attempting to make an arrest or prevent escape. The arrest must be for a serious offense in which the suspect has used or threatened to use deadly force against some member of the public, such as murder, rape, assault with a weapon, etc. The officer must reasonably believe there is no other way to make the arrest or retain custody of the person once arrested. Even if the suspect is fleeing from the officer, there has to have been a use or threat of use of deadly force by the suspect, in order to authorize deadly force by the officer.

4.    Where feasible, before using deadly force, officers shall identify themselves and state their intent to use deadly force.

B.        Less Than Lethal Force

1.   Where deadly force is not justified, officers should attempt to de-escalate the incident and may only use that level of force that is objectively reasonable to bring the incident under control.

2.    Officers are authorized to use departmental approved, nondeadly force techniques and issued equipment when one or more of the following apply:

a. To protect the officer or others from physical harm.

b. To restrain or subdue a resistant individual.

c. To bring an unlawful situation safely and effectively under control.

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Thanks to the McFarland Police Department for providing the public with a Directive on the Use of Force so that citizens can properly judge if Police Officers under the control of the Mayor have acted lawfully. Open and honest government should always be the rule; but in Racine County – it is severely lacking – it is because they have something to hide?

Let’s start with the taxpayer funded $100,000 settlement plus Lawsuit:

From Journal Times:

City settles lawsuit against officers for $100,000

RACINE — The City of Racine has settled a federal civil rights lawsuit filed against Racine Police officers and the city for $100,000.

The case, Veguilla v. City of Racine et al, involves Racine resident Miguel Veguilla, who claimed he was unfairly treated and had his civil rights violated by four Racine police officers on July 3, 2014. The City Council approved the settlement Tuesday, but not without first emphasizing its support for the Police Department.

According to the lawsuit filed in July 2015, Veguilla was allegedly handcuffed and beaten outside of his home while in his underwear after police came to investigate a crash Veguilla wasn’t personally involved in.

“We believe they entered his home without the right to do so,” Sperling said. “He was arrested for doing nothing. He was not a threat of any kind to anybody.”

Veguilla was arrested and held on suspicion of resisting arrest, a charge that court records show was dropped.

In May, the case was sent to Magistrate Judge William E. Callahan Jr. for mediation, according to federal court records. Records show that the parties reached a settlement agreement at a June 13 hearing and the Tuesday City Council meeting agenda valued the settlement at $100,000.

Chief stands by officers

Racine Police Lt. Dave Wohlgemuth confirmed that the four officers named in the suit — Robert Rasmussen, Allan Wassil, Andrew Matson and Christopher Brush — are still with the department.

“Force was legally used to effect the arrest, not to inflict or intentionally cause injury,” Howell said in an email on Saturday.

According to Sperling, Veguilla sustained a torn rotator cuff and had to have surgery. Howell said Veguilla’s injury was not the optimal or desired outcome of the arrest.

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OK – so that is the cleaned up, sanitized, and politically expedient/approved City of Racine/RPD version – now let’s take a look at actual sworn court documents from the case:

From the Case, which is available for download by clicking on the link: Viguella vs City of Racine

Cliff notes version:

  • Miguel Veguilla‘s girlfriend uses his car, is involved in an accident, and leaves a note on the damaged vehicle indicating that she was the cause of the accident while providing identifying information.
  • City of Racine Police Department Officers Robert Rasmussen, Allan Wassil, Andrew M Matson and Christopher Brush go to Miguel Veguilla‘s house to question him about the accident.
  • Miguel Veguilla, who was sleeping, answers the door, exits the house to inspect his vehicle, cooperates with Authorities, denies knowledge about who caused the accident, denies Police entrance to his domicile.
  • Racine Police Officer Robert Rasmussen INCORRECTLY claims that Veguilla was liable for the accident because he owned the vehicle and stated that he was going to issue him a ticket.
  • The four Racine Police Officers proceeded to then discuss the incident, while Miguel Veguilla stated that he was tired and wanted  to go back to sleep.
  • At that point either Racine Police Officer Robert Rasmussen or Allan Wassil UNLAWFULLY entered Miguel Veguilla’s residence, used force to remove him from his domicile, and then Racine Police Officers Robert Rasmussen or Allan Wassil proceeded, as a Team,  to beat Miguel Veguilla, call him names such as “stupid” and “moron”,  injure him severely, to include kicking him in the ribs and tearing his rotator cuff,  while Racine Police Officers Andrew M Matson and Christopher Brush observed the Unlawful actions and refused to intervene – thus becoming accessories to the crime.
  • The Racine Police Department Officers then accused Miguel Veguilla of being on alcohol or drugs – and forced him to submit to a  breathalyzer test and blood draw; the results of which were negative.
  • Racine Police Officers Robert Rasmussen, Allan Wassil, Andrew M Matson and Christopher Brush were exonerated by Racine Police Chief Art Howell, remain on the payroll, and have suffered no consequences for their unlawful actions.
  • City of Racine Alderman whined about the minuscule payment of $100,000 to  Miguel Veguilla, which will never properly compensate him for a lifetime of suffering, pain, and injuries.

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So since this was a NON-LETHAL situation – which rules apply; according to the MPD?

B.        Less Than Lethal Force

1.   Where deadly force is not justified, officers should attempt to de-escalate the incident and may only use that level of force that is objectively reasonable to bring the incident under control.

2.    Officers are authorized to use departmental approved, nondeadly force techniques and issued equipment when one or more of the following apply:

a. To protect the officer or others from physical harm.

b. To restrain or subdue a resistant individual.

c. To bring an unlawful situation safely and effectively under control.

NONE OF THE ABOVE RULES PROVIDED BY “the system of Defensive and Arrest Tactics (commonly referred to as DAAT), techniques and mechanics sanctioned by the Wisconsin Law Enforcement Standards Board”  were complied with by the Officers of the Racine Police Department, who chose instead, to act unlawfully and not only violate the rights of Miguel Veguilla, but to use excessive force and injure him for life. And the Rogue Officers were exonerated by  Chief of Police Arthur Howell while Taxpayers funded the settlement? !

Racine County DA Rich Chiapete and his wife Jennifer committed multiple crimes, perhaps rising to felonies – Rich ran from the scene and both he and his wife Jennifer lied as to his whereabouts, and refused to cooperate. Meanwhile,  they were treated with Kid Gloves by Racine Police Department Officers and subsequently  their crimes were covered up by Racine County Deputy DA Trish Hanson in collusion with the City of Racine Attorney’s Office.

 

Newly elected Racine County DA Trish Hanson is/was an accessory to covering up her former boss, Rich Chiapete’s numerous crimes – but that is de rigueur, and the excuse that the Racine police locked up and hid the reports from her is, at best – laughable! – Or proof of another crime!

 

Meanwhile, City of Racine Police Chief Art Howell chose to vouch for Officers who committed crimes against an unarmed and cooperative innocent bystander.  His Use of Force policy must be radically different that that of the McFarland Police Department’s policy.

 

Conclusion: The County of Racine is a CRIMINAL ENTERPRISE – being operated for the benefit of the politically connected Tax- Farming Insiders who are unaccountable – thus the RULE OF LAW is dead in SE WI.

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In the rogue and failed criminal State of Wisconsin – only the politically approved terrorists who are propped up by government force, corrupt Judiciaries,  and a militarized Police Force decree/license rule. Enjoy that blue fist being jammed up your Red, White & Bruised Ass.

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 And yeah – when it comes to a rogue and out of control DA’s Office –  like that in the Racine County – Citizens still have the right to defend themselves from officially sanctioned and unmitigated Police Brutality! Best done in Court after the Racine Police have finished violating the rights of their victim. What will it take for Police Officers to be held to account for their crimes?


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From Cop Crisis

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