“Over a simple traffic stop … I don’t get it … I really don’t …”
Regardless of your reaction to the recent arrest and death of Sandra Bland, I think everyone can agree with that observation made by the arresting officer, DPS Trooper Brian Encinia, while he was still at the scene of the arrest.
But there is a more chilling statement that he makes before this observation.
While Trooper Encinia is subduing Ms. Bland, you can hear her crying and telling him that he has caused her to hit her head and that she has epilepsy. His only response is “good … good.” Now even if that response can be explained away as referring to something else going on, and that he didn’t hear her statement, that just means he wasn’t listening to her beyond hearing the increasing profanity she was using. His audible response to Ms. Bland was callous enough; but if he didn’t hear her crying statement, it shows an added degree of callousness that cannot be explained away. Sadly, it may provide a glimpse into the reason why Trooper Encinia doesn’t “get it.”
“Over a simple traffic stop … I don’t get it … I really don’t …”
Here is what I get, finally, after several years of the Trayvon Martins and the Eric Garners, and of the community reactions to the events in Ferguson, Baltimore, and Charleston (and after watching both videos of the Bland arrest at http://www.chron.com/houston/article/Sandra-Bland-dash-cam-video-appears-to-have-been-6399017.php; and http://www.ebony.com/news-views/what-happened-to-sandra-bland-505#axzz3g3dmFTXF): I finally understand why the activists behind the #BlackLivesMatter movement bristle when someone responds by saying that “all lives matter.” Most of us believe that “all lives matter;” but many black men and women don’t think that the rest of us believe that their lives matter, and incidents like these recent events perpetuate that belief. I challenge you to watch these videos and then answer a simple question honestly and objectively: would Trooper Encinia have reacted the same way, and taken the same actions, when he returned to her car with the written warning had she been white (or even Hispanic or Asian)?
Now some of you won’t want to answer that question, and, instead will start typing comments accusing me of reverse racism or buying into the progressive, anti-white narrative so popular among progressive intellectuals. Before you do that, or you stop reading out of disgust for what you think I am saying, let me make one thing clear: I am not accusing Trooper Encinia of being a racist. I would never presume the worst of people I do not know.
But over the years, as I’ve talked with friends in law enforcement across the country, I’ve learned that the exposure some officers have had to the worst elements of the seemingly perpetual crime and violence in African-American neighborhoods has hardened them to prepare themselves differently when encountering young black men and women, than when they encounter anyone else. Over time, those individual experiences and reactions can accumulate so as to permeate and impact the culture of entire precincts and police departments. I don’t pretend to understand why and how this happens (or how often it actually happens)—I’ll leave that explanation to those with a better understanding of psychology and sociology. However, watching those videos of Trooper Encinia, who apparently has only been on the job for only about a year, I am reminded of the explanations I have heard over the years of how this hardened culture can manifest itself.
“Over a simple traffic stop … I don’t get it … I really don’t …”
I challenge each of you reading this post to view both videos embedded in these linked articles: http://www.chron.com/houston/article/Sandra-Bland-dash-cam-video-appears-to-have-been-6399017.php; and http://www.ebony.com/news-views/what-happened-to-sandra-bland-505#axzz3g3dmFTXF. You need to look at the video embedded in the Houston Chronicle article first, because it is the dash-cam video that recorded the most activity and all of the audio. Then take a look at the cell-phone video taken by a nearby citizen that fills in much of the video gap while the activity moves away from the line of site of the dash-cam video. Although there is still a small gap of video, there is enough audio of that gap to allow you to form a pretty good understanding of what is happening. Finally, listen to the explanation that Trooper Encinia gives to another person (presumably another officer) about how the incident unfolded, and ask yourself another simple question: does what you see and hear during the arrest match his later explanation? Sadly, my answer based on just this evidence is “no”.
Although I am not ready to jump to a conviction of Trooper Encinia based solely on these videos, what I saw and heard leads me to two immediate conclusions:
1. A thorough and transparent investigation of the arrest, detention and death of Sandra Bland must be conducted by the Texas Rangers (not just an investigation of her death), and I applaud those leaders, including Lt. Governor Patrick who have quickly called for such an investigation. To be transparent, such an investigation should conclude with a written report shared with the public, which not only provides answers about the propriety of the arrest and detention of Ms. Bland, and the cause of her death, but also outlines new policies and procedures to implement to reduce the risk of such incidents in the future.
2. Black Lives Matter! Let me say it again, Black Lives Matter! And conservatives must embrace this call to action. Consistent with the recent speech given by former Governor Perry at the National Press Club in Washington, the party of Lincoln must take a leading role to advocate for real, permanent solutions to the problems faced by too many of our African-American neighbors. It is a national tragedy that so many of our neighbors wake each morning believing that their countrymen don’t think they matter, and wondering whether they will live through that day. In fact, it is not just a tragedy—I agree with some of the leaders of #BlackLivesMatter movement when they call the current situation a “state of emergency.” We don’t have to embrace the progressive ideas promoted by the leaders of the #BlackLivesMatter movement to seize this moment to engage in a debate over real public actions and private actions that will address the problems of under-education, underemployment, and over-incarceration in African-American communities, which form the core of so many other problems that end in violent confrontations with law enforcement.
“Over a simple traffic stop … I don’t get it … I really don’t …”
The secret we conservatives continually whisper to each other is that progressive policies have perpetuated the problems experienced by black men and women in this country. If we truly believe that, then the time is now to address and change that by creating and implementing policies that assure that every one of our fellow Americans is treated with equal dignity: at “a simple traffic stop,” on a sidewalk in your own community, in school, and at the workplace.
Remember, if we truly believe in a limited federal government and in the power of families, the private sector and local governments to address most issues, our neighbors must trust each other and their local governments. That trust starts with each of us recognizing and protecting the humanity of all our neighbors, every day, in every situation. Rebuilding that trust isn’t just any issue, it is THE moral and political cause for the future of the Republican Party and its conservative philosophy of limited government. Without that trust, the constitutional model of federalism is dead … period.
A few years ago, a young Marine was speaking to a group of us and he posed this challenge: “if we could go halfway around the world to fight for the freedom of people we didn’t know, can’t we finally walk across the streets of our communities and help our own neighbors experience the gifts of life, liberty and the pursuit of happiness that we were all promised?”
The answer is “yes;” and the time for action is now.
“Over a simple traffic stop … I don’t get it … I really don’t …”
To the family of Sandra Bland, I extend my profound condolences as a neighbor and fellow countrymen; and I pledge to you that this conservative understands and believes Black Lives Matter!
Fat Albert says
Ed: I agree with much of what you are saying. Black lives do matter. So do Hispanic lives. And Asian lives. ALL lives matter.
Here’s the deal. I watched the videos, both of them, a couple of times. And I can say without a doubt that Trooper Encina is an A**hole. At best! He was rude and abusive. Maybe he was just going to “give her a warning”. Maybe not. But he was the antithesis of professional during his interaction with Ms. Bland. Here’s a clue Trooper Encina – if you don’t want to hear a person tell you that that are irritated or angry, don’t ask!
Was he racist? The ONLY person who can possible judge that is Trooper Encino. Should he be disciplined for his actions? Absolutely. But we should note that regardless of the Trooper’s motivations for arresting Ms. Bland, they could not have anything to do with her subsequent death. He wasn’t anywhere around.
Here’s the other point. There are bad cops around. Not many, most cops are wonderful, self-sacrificing, service oriented people who do a tough job for too little pay. But there are a few. . .
A lot of us, Anglo, Hispanic, Black, whatever, have had to deal with bad abusive cops. It’s not a problem exclusively limited to the African American community. So, yes black lives matter. All lives matter! And we need to start understanding how to deal with and fix a law enforcement system that sometimes doesn’t get that concept.
Ed Hubbard says
I generally agree with your comments, but think about this:
You are a young, black women from Illinois who has been looking for work and just landed a job with your alma mater. Now you’ve been arrested, and that arrest record (regardless of how it is ultimately resolved) may likely scuttle your job based on most employers’ current employment policies–especially a public university. As you’re sitting in jail, alone, over 1,000 miles from home with no money for bail and you’ve probably lost the job you had wanted, don’t you think you’d be in a some state of despair?
True, we may never know whether or why she committed suicide, but she wouldn’t have been in a cell alone on a Monday morning, and likely in some state of despair, had she not been arrested in the first place. So, the arrest does matter when looking at her death.
Fat Albert says
Yes, obviously, if she was never arrested then she couldn’t die in police custody. And, given the available evidence, it would appear that she should have never been arrested.
The point I was making is simply this – people are harassed and arrested without good reason, every day! Black folks, white folks, brown folks, it doesn’t matter. In a country as large as the US, with as many law enforcement (and quasi-law enforcement) people as we have, and as many different laws as we have. it’s inevitable! The problem isn’t bad cops harassing Black people, it’s bad cops harassing PEOPLE! My heart goes out to Ms. Bland. I’vs been where she was and it’s not fun. Regardless of what happened in the jail she should have never been there.
Marla Hughes says
He was going to give her a warning. Even TOLD her that as he tossed his tablet on the back of her car. He had it written out already. She escalated it deliberately because of HER perception of HIM. At no time did she act like she was afraid of him hurting her. In fact, just the opposite. Important note: He DIDN’T hurt her. She hung herself in her cell or she would be on all the television networks complaining about it. Or hiring Benjamin Crump.
“would Trooper Encinia have reacted the same way, and taken the same actions, when he returned to her car with the written warning had she been white (or even Hispanic or Asian)?”
I can almost bet on it, although I won’t make assumptions about the officer’s mind set like Mr. Hubbard did. Repeat: He didn’t hurt her and had written a warning ticket until SHE escalated it. Having experienced my friends getting the dogs and water hoses set on them solely because of their skin color, I take offense when someone assumes that nothing’s changed. That woman was NOT AFRAID OF THAT OFFICER. At all. I’ve seen fear in similar situations. I’ve experienced fear in such a situation. She didn’t have it.
Matthew Dexter says
Now some of you won’t want to answer that question, and, instead will start typing comments accusing me of reverse racism or buying into the progressive, anti-white narrative.
You said it, Ed. Thank you for embolding their hate even more.
There is a lot about this “incident” that will never make it to mainstream media. That is not what sells news. Heve you looked into her involvement with the “anti-white narrative” both here and in Chicago? Have you seen how many traffic citations she had received prior to this? Have you seen how much she owed in fines for those traffic citations? Have you looked into her behavior and disdain for authority during those traffic stops? Perhaps you should. You may rethink your post.
This very well may have been a race to the next cop who took her bait. And he did. She may have walked herself right into this, but we may never find out becasue thats not the rhetoric the media wants to sell.
With a prior suicide attempt, a history of mental illness, acting like an ass during a traffic stop and having a history of doing so, dont you think it may be better served to let this play out? Or is it more effective to jump on a band wagon of HATE?
Each one of these incidents needs to stand or fall on its own merits. I wasnt there. Neither were any if us. Let it go, my good man. Please dont give them ammo for their ill fated cause. Not iver this one, at least.
Matt Dexter
Yvonne Larsen says
Law enforcement routinely releases dashcam video– doesnt Brady require the release of what could be exculpatory material–what is Hays County hiding?
Foolme says
Protecting a fraternity member.
Jeff Larson says
Marla, how did she escalate it? I’m with Fat Albert…if you don’t want to hear a person tell you that they are irritated or angry, don’t ask.
In fact, that was a great opportunity for everyone to get something off their chest without anyone being harmed. She felt put upon because she had “gotten out of his way”, and was still getting punished for it (she didn’t know he planned on giving her a warning instead of a ticket).
It was a great opportunity for him to explain the law, explain that she was just getting a warning, and in essence de-escalate the situation. Not that it hadn’t escalated much at that point. At that point, Ms. Bland had expressed her very obvious frustration in a way that really wasn’t disrespectful or rude at all.
You can just see the switch flip, right there. Encinia goes from “the friendly neighborhood trooper giving a warning” to “the no-nonsense cop who’s going to teach this perp a lesson”. You can practically see the regret he’s having that he planned on giving this woman a warning, and that it “wasn’t enough”. He should have been “harder”. He should have “got her attention”. How dare she challenge the propriety of the law that requires every lane change be signaled!
And that takes us to, “You might taking out your cigarette, please.” There is no question mark after “please”. It is not a question. Trooper Encinia is as irritated as Ms. Bland at this point. At that point, you’ve got two people who have just pushed each other’s buttons, whether they intended to or not.
And in civilized society, those two people glare at each other, swallow their pride, and go about their business. Bland asserts her right (and it is her right) to smoke in her own car, in away that is a slightly more polite version of “F— you.” This is consistent with two people glaring at each other. We’ve all been there. We don’t have to like it. And of course there are more constraints on his behavior than on hers. He can’t just blurt out, “F—you”, although legally, she can. Really. Under the law, she is ENTITLED to be that rude, and he isn’t. Why? Because with that badge comes awesome power, power to legally do things she cannot. And with that power comes some responsibility, responsibility that goes straight out the window with—
“Well, you can step on out now.” Which, is ridiculously unnecessary, and not a lawful order. I’m 100{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986} sure it’s not a lawful order, because it isn’t an order at all. It’s merely a suggestion. Of course, it’s a suggestion veiling a threat. It’s a very flippant way of saying…
“Step out of the car”. Which is universal cop-speak (in cases like this) for, “I’m going to teach you some proper respect for the law, and you are not going to enjoy it.” Which is precisely where Trooper Encinia is no longer enforcing any law, but is now merely bullying.
Can you tell me precisely what he plans on doing next? Let’s say that in some fictional world, Ms Bland would have gotten out of the car, still glowering, and probably mouthing off about how “he has no right to do this” and “all this over a turn signal” and whatnot. Ok, Encinia, what’s your next move. Do you tear up the warning in front of her and make her wait another 5 minutes while he writes her out a ticket? Are you going to lecture this degreed professional like a small child on how to behave in the presence of law enforcement, essentially giving a lesson in proper groveling? Are you going to continue to goad her until she crosses some line in your mind that constitutes an arrestable offense? Or are you just going to haul her off to jail to be booked for improper use of turn signals (as Texas law allows you to, but that you should only do when someone gives reasonable indication that they have no intention of answering the charge)?
And given that she is black, and given the rather charged history of disparate treatment of blacks by law enforcement (which extends to not just white cops, but Hispanic cops like yourself, and even to black cops), how is any of that going to push her opinion of law enforcement to the impression that it is tough but fair as opposed to simply abusive if you are found “driving while black”? Especially given how many millions of times Texans change lanes without signaling every single day (just drive for a while on I-45 if you doubt this) and do not get a ticket, or ever a warning.
I believe people should de-escalate their confrontations with police. It’s the smart thing to do, and it’s the sensible thing to do. But it is not their responsibility to do so. I don’t know any classes in “how to interact with police” that are taught by any groups other than the Peaceful Streets Project and similar organizations. I’ve not heard of this being taught in schools. I don’t know of any police classes for the community in how to interact with police. You might say it is just a matter of common sense, yet that 28-year old female degreed professional seemed to act sensibly enough to me until Trooper Encinia started acting like a schoolyard bully with a badge.
And it is absolutely the responsibility of Officers like Encinia to de-escalate confrontations like that whenever possible. Of course it won’t always be possible. For any future I can foresee, there will be situations where they will not only have to bark orders, but use their Tasers, and sadly, sometimes even their guns. But if they are truly there to protect and serve their communities (and if they aren’t, why do they exist?), then they must not escalate situations like this unnecessarily. That is the opposite of protecting and serving.
We have a law requiring turn signals for lane changes because in some situations, failing to use a turn signal can cause an accident. Not always, but from time to time, it’s a contributing factor. And some part of the time, those accidents are fatal. Given how many millions of signaling violations occur in a year, I’d think that those sorts of accidents are thankfully very rare.
And what exactly is the probability that Ms. Bland’s failure to signal would have caused an accident? Look at the video. The only two people affected were Ms. Bland and Trooper Encinia. Imagine yourself driving the patrol car. Did you feel like you would get into a wreck if you were in that situation? I certainly didn’t, and obviously Trooper Encinia didn’t. And perhaps that’s part of why he decided to initially write a warning instead of a ticket. Not every violation needs to be punished to the maximum extent of the law.
And what exactly is the likelihood of Ms. Bland’s “failure to grovel” to cost someone their life, their property, or even some of their time? It’s not a crime. To what extent should it be punished? Is arbitrary detention for purely punitive reasons by the side of the road an appropriate response?
And as illogical as it may sound, even “mandatory roadside groveling” comes with some risk. Somehow, it all managed to cost Ms. Bland her life. I’d like to think that her life mattered, no matter how rude she was that day.
Tom says
A couple of thoughts, some lawyer thoughts and some not.
First, police in minority neighborhoods are more an occupying force than public servants. They arrest people for failure to identify themselves even though the Supreme Court has twice (including one case from Texas) said we have no general duty to identify ourselves to the police. They arrest people for minor offenses like walking in the street in an area where a sidewalk is provided so they can search people they think are suspicious. Any idea the last time a white River Oaks or Memorial resident got busted for that? I’ll bet it was a long time ago, if ever.
On the other hand, people living in the Third and Fifth Wards have the same right as people in River Oaks not to have people turning tricks or selling dope in their front yards. The police have to do something. But they can’t simply ignore the constitution and laws. This is the United States of America, not the Democratic People’s Republic of Korea. There are legal limits on what our cops can do, even of they are ignored.
Second, the DPS trooper told Ms. Bland on video to get out of the car and she was under arrest. Just as an aside, if she had an Illinois driver’s license, he cannot arrest her for a minor traffic violation. That’s because of the Interstate Compact on Traffic Violators. It provides that if the officer has any discretion to arrest or ticket some one for traffic, he MUST issue a citation. Maybe the trooper didn’t know about the compact but it is in the Transportation Code.
Third, the trooper was badge heavy as hell. I understand he had only a year on the force and he sure acted inexperienced in that stop. Rather than tone things down, he escalated the confrontation.
Third, the dash cam shows Ms. Bland was obviously guilty of the most serious crime any citizen can commit, at least in the view of police officers: Contempt of Cop. Or as the police say, you can beat the rap but you can’t beat the ride.
Fourth, time after time, I hear cops talk about the importance of “officer safety.” Statistically, being a police officer isn’t that dangerous. I don’t expect a police officer to get him or herself killed. But I do expect them to risk their lives. They have good jobs with pretty good pay andbenefits. Yet, they are quicker on the draw than most military are allowed to be in combat zones. And, yes, I know a lot of people whose name is on a wall in Washington who were taking greater chances for $134.50 per month plus room and board.
This concern about their own safety rather than take a risk is why so many unarmed people get shot and killed by the police. Maybe we need stricter rules of engagement, just like the military has. A former prosecutor and state district judge used to say that in the Police Adademy, all the officers learn are two phrases: “Sir, I don’t recall,” and “I was in fear of my life.”
I recalling reading an explanation of why the polcie put a perimeter around an elementary school rather than rush in and try to stop a shooter who was killing kids. The reason was an officer might get shot.
Gee, that’s too darn bad. If the police aren’t there to protect children from crazed shooters, why do we pay so much for police forces. I guarantee that an Army or Marine platoon leader whould have sent hs troops in to stop the killling. And, the troops would have gone in without hesitation.
So, what’s the bottom line? I guess it is that we as a society should require the police to live up to the motto on their cars: To Protect and to Serve.
Grand juries shouldn’t apply one set of rules to a police officer who shoots someone in “self defense” and apply stricter rules to citizens, especially minority citizens, who make the same claims.
When I get stopped for a traffic violation, the officer is polite to me. And, I am polite back. Maybe they’re police because I am white, middle age and middle class driving a car with a “Retired U.S. Army” sticker on the back windshield.
Police have to remember they are public servants. Or as I have said to prosecutors when I am especially pissed at a cop overstepping his bounds, HPD is not KGB..
Foolme says
The big problem is that people start pontificating before all the facts are known. Every little fact can change the outcome 180° and wait a few weeks and then lay out all the facts.
Dan Man says
I know if I popped off to a cop the way she did I would expect a pretty good dose of bad raining down on me. Her mouth wrote a check she couldn’t back up.
And then nobody came to her aid for a $500 bail? Ouch! Extremely telling.
The cop had nothing to do with her activity in the jail.
Any way you slice it she had much more to do with her demise than anybody else. Sad ending to a troubled soul.
Fat Albert says
I’m sorry, but I don’t see the “popped off”. He asked if she was irritated, she said she was. As far as I can tell she simply gave a truthful answer and the cop didn’t like it.
As for the bail thing – try this you move by yourself to a new job 1500 miles away and see how many people you can find to ante up $500 for your bail.
Ross says
Why would you expect “bad to rain down”? Do police deserve grovelling and “yes massa” attitudes from anyone they stop? Grow up. The police are not special, they are employees of the rest of us, and get paid to do a job. Of they can’t do that job, they need to find another way to make a living.
Dan Man says
They also get to make decisions and pass judgement on the person they are being paid to interact with in their duty to enforce laws. The results of her behavior got her arrested when she could have received a warning ticket.
I once served on a murder trial jury and the defendant was arrested in his sister’s car and lived with his grandmother. He was a Houston native on trial in his hometown and he couldn’t get one character witness to show up. Pretty telling to the jurors.
What did she expect after calling him a pu$$y 20 times? Respect? I grew up not back talking to police. She didn’t. Again, results speak volumes.
Ross says
So, you agree that we should all adopt a grovelling attitude in our interactions with police, because they are superior to us, and deserve every last bit of respect we can muster? That we should kiss the backsides of police, just because they are police? That we can’t tell a cop that we think his ticket is BS and he’s an idiot, all while signing the ticket? That’s insane. A cop who can’t handle an insult needs to find another line of work.
You also most likely grew up in a world where the police didn’t think you were inferior because of race. If you have any black friends, ask them about how they get treated during “routine” stops.
BillMiller says
It’s not “groveling” to refrain from calling the officer a “pussy,” a “bitch” and a “motherfucker.” That’s called being polite. Had Bland left her ill-bred ghetto attitude back in Chicago, she’d be alive today.
I’ve had interactions with police and judges whom I considered complete idiots. Nonetheless, when they are in uniform or on the bench, I show them proper respect. I’ve lived half a century and somehow managed not to get arrested or assaulted by the police. I look at these videos of encounters between police and blacks, and find myself thinking, “What do they hope to gain from mouthing off to the police? How stupid can you get?”
Ed challenges us to ponder whether Trooper Encinia would “have reacted the same way, and taken the same actions, when he returned to her car with the written warning had she been white (or even Hispanic or Asian)?” In my humble opinion, the answer is YES had the motorist behaved the same way as Bland.
Sandra Bland came off as a spoiled narcissist. On the other hand, why exactly did Officer Encinia need her to step out of the car? To arrest her for refusing to put out her cigarette? I’m wondering if the Texas Rangers asked Officer Encinia this question during their interview of him.
Jeff Larson’s commentary above is quite thoughtful. “You’ve got two people who have just pushed each other’s buttons, whether they intended to or not.”
I am itching to see the reports generated by the Rangers and the FBI.
Steven K. Howell says
No one knows all the facts about this case. What we do know is that Ms. Bland’s behavior upon being pulled over is the proximate cause of her arrest and jailing. Argue all you want to about the officer’s “over-reaction” but, once she started with her attitude toward the officer, his course toward her was almost irreversible. What happened in the jail isn’t the officer’s fault. What landed her in jail is her own fault. She is the latest “victim” of the growing attitude that people who don’t like police officers don’t have to obey police officers. That’s obviously a stupid, and all too often, fatal attitude. If you get pulled over or stopped for any reason, don’t be stupid, just obey the officer’s instructions. Later, you can post your videos and your rants; at least if you obey the officer’s instructions, you’ll be alive to complain.
Ross says
That’s BS. Cops should walk away in a situation like this after delivering the citation. The cop was a jerk who had no reason whatsoever to pull the woman out of the car, or to arrest her. She was arrested simply for contempt of cop. The cop attitude that “you will comply, or else” needs to end now.
Ed Hubbard says
I want to thank everyone who has taken the time to comment here and on various Facebook sites in response to this post. Several of the comments focused on Ms. Bland’s conduct, and that she should have foreseen some consequence for her actions. Frankly, I expected such comments, because I presume that most of us who read BJP were taught from an early age to respect authority figures, like police officers—because of their positions of authority, because of the power they held, and because of the hard job they have to serve and protect us.
What is so hard for most of us to comprehend is how different the life experiences have been for many black men and women, who weren’t taught those lessons, or whose experiences have led them to distrust authority figures, including police officers, who they have come to believe do not serve and protect them. But our police departments are supposed to train officers to understand this dynamic and de-escalate tense situations.
In the present instance, the videos I watched showed an officer who asked a question and who got a very candid answer; who got perturbed by the answer and the attitude it reflected; and who then ordered Ms. Bland to do something totally unnecessary and unrelated to finishing the traffic stop. When she questioned that order, all hell broke loose—and he escalated the situation, put her under arrest, threatened to taze her, cuffed her and put her on the ground. I am sorry, but Ms. Bland may have seemed rude to you and me, but Trooper Encinia should have been trained to exercise better judgment and just finish the traffic stop. Instead, he ended up manhandling her, arguing with her, and arresting her for her rude candor. Though we may want people to act better toward police officers, we shouldn’t be giving young men and women criminal arrest records for simply being candid and rude.
By doing that, you reinforce the perception that our officers aren’t there to serve and protect, and that the lives and futures of these young men and women don’t matter.
Finally, it’s pretty clear that even Trooper Encinia was having second thoughts about his own conduct within minutes after the arrest. Listen to his audio description later on the dash-cam video, and he is already changing or tailoring his story to soften the appearance of his own conduct. For instance, though he told Ms. Bland she was under arrest while he was trying to drag her out of the car, he later says she wasn’t arrested until after he had taken her from the car and she kicked him (an alleged kick that neither the video nor the audio support); and he never mentions his threat to taze her (and “light her up”).
As I wrote in an earlier comment, we may never know whether or why Ms. Bland committed suicide, but she would not have been alone, in a jail cell, on a Monday morning, without bail, and probably having lost her new job, had she not been arrested—for simply be candid and rude. That experience would tax the emotions of most people, but few of us can imagine how it might affect a young black woman thinking she was coming back to her alma mater to start a new chapter in her life.
Marvin Clede says
Your analysis is thorough and should be taken to heart by all conservatives if we are going to persuade those of various ethnic groups and cultures to support our principles based on less government and more individual liberty.
While we support law enforcement, they still have to take into account all possible cultural biases and where the person is possibly coming from when in the uncomfortable situation Ms. Bland was in upon being stopped for a very minor infraction. We all need to be sensitive to the African American experience that these neighbors of ours have overlying their every interaction with Anglos in this country.
bob42 says
Good article!
And good advice. It makes little sense to blame progressive policies for disastrous consequences in a state that has been governed by conservatives for two+ decades. There is more than one piece to a puzzle.
I hope that conservative people take heed, in both their personal lives and political actions. It is going to take both, and I think it is still it’s a long shot.
#Tulia
Fat Albert says
I hate to do this (God help me I’m fixing to agree with both Ross and Bob42!) but the fact is that having a bad attitude isn’t a crime. Being not very bright isn’t a crime. And being irritated at a cop for pulling you over because you didn’t signal a lane change isn’t illegal. As far as I can tell this woman did nothing at all to warrant being rousted out of her car and sent to jail. The cop was out of line, and out of control.
Could she have prevented the problem? Probably. And additional facts keep surfacing which continue to cloud the issue. But, the single unassailable fact here is that a woman ended up dead in jail because a Texas State Trooper felt disrespected.
And, this isn’t just a Texas problem – it’s a nationwide issue (red states and blue states) that needs to be dealt with. We give law enforcement personnel a lot of power. It’s not unreasonable to expect that they exercise it prudently. The motto on the side of that troopers car says “to preserve and protect”. He did neither.
jr says
Black Crimes matter. Every incident from Ferguson to Baltimore to New York to Dallas started with a black American committing a crime. STOP IT! But if blacks just can’t stop committing crimes, then at least don’t screw yourself by calling the cop a p*ssy, or by taking a poke at him, or by resisting arrest. It’s not rocket science. And finally, there is No Evidence Whatsoever that the officer was motivated by race, so put sock in it.
Mainstream says
I am so disheartened after watching most of the video footage, and particularly by the insistence of the officer that a citizen filming the events from his cellphone needed to leave the area. It is clear that the citizen is far away from the scene and not interfering in any way.
VAL says
I’m still trying to figure out how she got a job with Praire View with so much marijuana in her system.
And that was the first time I’ve heard/read that she stated she was epileptic.
The activist that she was, I think she just went off her rocker while sitting in that jail on Monday morning….and said….F${997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986}# this….I’m going to hang myself and teach them a lesson.
She’s nationwide famous now.
Lee Hunka says
I am responding to your op-ed piece in the DMN on 7/24. My take away from your writing is that you are like most people today. You make excuses for black people (and whites, browns, etc) for their responses received from the lack of basic courtesy. Look at all of the incidents over the last 2 years. With the exception of Charleston the behavior of the victim could have averted the outcome. I’m all in favor of having the “conversation” about race relations….if it is a true conversation. But every time this has happened in the past it turns out to be a conviction of the white establishment. But if we are to have that conversation then many of the black population will hear expectations pertaining to:
1. Depressed neighborhoods – Cannot be corrected by building more homes, apartments or relocating them to more upscale neighborhoods. It is corrected by obtaining an education, skills, experience. Throw in some respect and courtesy and things will change.
2. Liveable wages – low end jobs are not worth more money. When you overpay someone for a menial job you perpetuate low income. Instead, preach education, skills, experience to earn more money. Look no further then Baltimore to see the effects of what the entitlement mind set produces. Yet their chanting solution is that they need more jobs.
3. Expectation. I was raised in a very blue collar family. I had to work hard, study hard and save hard to obtain my standard of living. I have worked with other minorities that traveled the same road. I expect everyone to do the same or reap the seeds you sow.
I and my friends that include minorities, gays and white people are fatigued by all of this chatter. When I see the replays of these types of videos I see things very differently then you do. I compare the victims response and actions to those that I would use and I just shake my head in disbelief. How can you expect a different outcome? Ferguson, robbing a convenience store, verbally abusing a police officer and attacking a police officer and you wonder why there was a different outcome? Baltimore, a known drug dealer and trouble maker is once again in trouble. The the entire side of Baltimore explodes? Why? Because the police should have pampered this drug dealer. People I know feel that the gene pool was improved with him gone.
The solution: treat every one with respect and courtesy. If you get pulled over by a police officer respond with courtesy and the encounter will be over with in a few minutes. This is what I do and I have been pulled over a few times in my driving experience. I believe in the honest and goodness of police officers. If I ever get pulled over unjustly I will comply and move on remembering all the times that I was justly stopped. But, in my younger days I was a bit too volatile it always costs me something, e.g. friends, treasure, physical healing.
I have read your opinion and now you know mine. Enough said.
Ed Vidal says
Comrade Ed: you should check your white guilt.
In any event, we should remember that government is always and everywhere a predator. It is a necessary predator, because we do not want to live in the state of nature, but it is a predator nevertheless, and we must remember that if we are to preserve our life, liberty and prosperity.
Don Hooper says
Unfortunately, the Waller County DA placed two charter members of the Jiggery-pokery gang in charge of the investigation. Warren Diepraam is in the photo with Kelly a blog post back. Mia Magness was recently ran out of the HACDA for a series of bad decisions and inappropriate conduct. The investigation into Ms. Blands death will be forever tainted by these two prosecutors, that is the saddest thing of all.
jr says
Really? That’s the saddest thing of all? Not the death or the stupid behavior? Man, check your head for injuries.
Don Hooper says
Hmm Jr, do you know why either of these Jiggery-Pokery members left the DA’s office? How come I suspect that you do? Long after the controversy dies down they will be talking about how the Waller Co. DA used these two folks to conduct the investigation. Head is fine.
jr says
Your “reply” doesn’t even address the issue of your wrong-headed statement, which is absurd on its face.
Don Hooper says
JR, the Waller County DA saw the error in his ways. Just appointed a new committee to look at the investigation, catch up.
jr says
Why do you continually ignore the issue, which is the error and absurdity of your assertion that “that is that saddest thing of all.”? It was a stupid statement, and whatever happens with these guys, it was still a stupid statement.
Don Hooper says
Jr, why do you wish to be anonymous and call people stupid? Can you use your real name and call me stupid?
jr says
Deleted by David Jennings
“jr”
No. We do not engage in name calling here.
jr says
I described his comment. It is what it is. If he refuses to address the fact that his comment was stupid, but instead tells me to “catch up”, that’s not my fault. that’s not my fault.