Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
As you probably know, Washington DC got hit by a massive snowstorm on Saturday. That prompted a whole lot of people to have a big snowball fight at the corner of 14th and U. The idea spread on Twitter and Facebook accounts and lots of people showed up and had a peaceful time throwing snowballs at each other.
Until a cop drove by in his hummer and got it hit by snowballs. He decided to jump out and start waving a gun around -- without bothering to identify himself. And naturally, the police are lying about it and claiming he didn't do so despite pictures of him waving his gun around and video of his admission to having done so because he got hit by a snowball. The Washington City Paper reports:
According to an eyewitness, a D.C. Police detective (pictured above w/ gun) went nuts after kids pelted his Hummer with snowballs at 14th and U Streets NW this afternoon. The veteran detective got out of his car and eventually grabbed for his gun, displaying it to the crowd. He did not immediately identify himself as a police officer. He calmed down once his fellow uniformed cop arrived. Apparently, someone called 911 to report a man with gun...Assistant Chief Peter Newsham tells LL: "There was no police pulling guns on snowball people." Newsham described the detective as a veteran detective.
Picture:
And video of the detective admitting it:
And more video of the actual incident. The uniformed cop is much more reasonable and less belligerent, but even after they arrived the detective is still being an asshole.
The overreaction to the snowballs is almost forgivable. The lies are not.
Oh, and if you want a good laugh, go see Pat's take on the situation. Because the detective in this case was black, this is somehow proof of Obama's "police state." Hilarious.
Politics
Comments
Whereas attacking him and the president for being black isn't disrespectful at all.
Posted by: Wes | December 21, 2009 9:24 AM
Posted by: WScott | December 21, 2009 9:44 AM
Isn't that just like a bunch of filthy Twitterheads? Bringing snowballs to a gunfight.
Posted by: Abby Normal | December 21, 2009 10:04 AM
The story keeps evolving. The detective is now on leave pending investigation and a spokesperson is saying that while they don't know the whole story being hit with snowballs alone is not a good enough reason to draw a gun. (Duh!) More details can be found at: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/20/AR2009122000881.html?hpid=artslot.
Posted by: katydid13 | December 21, 2009 10:06 AM
This is turning into Nazi Germany. But I can say after living in DC most of my life that I will take those cops over the jack booted thugs in the Collier County Florida where I live now. See my comment under the "Interesting Religious Freedom Case" for more details of how the Marchman Act allows the cops to keep a person up to 72 hours to protect them with no breath test if the cop says the person is drunk. No charges not nothing and you cannot contact a lawyer or make a phone call. If they think you have a substance abuse problem they can commit you also.
Nazi cops in this country cannot be given that much power. They will abuse it.
Posted by: King of Ireland | December 21, 2009 10:06 AM
Let's not get carried away here. This is a bad situation, but it's a far cry from the Gestapo.
Posted by: Wes | December 21, 2009 10:09 AM
Well, at least the cop apparently didn't shoot anybody so we may thank the flying spaghetti monster for small favors.
Posted by: SLC | December 21, 2009 10:31 AM
So, at the very best, the Asst. Chief's categorical denial might have been based on lies by the Det. who was being accused? Sorry, but that just means he was willing to dismiss serious allegations against one of his officers, based only on the guy's say-so.
As far as I'm concerned, a supervisor who ignores allegations of significant misconduct is really no better than one who actively covers them up. The end result for the citizenry is the same.
Posted by: qetzal | December 21, 2009 10:47 AM
I suspect the best defense at the moment is pervasive personal video and audio recording. How many of these incidents would never see the light of day if not for someone with the presence of mind and a cell phone to record the offender mid-act. Anything to turn a he-said/she-said situation into one where the police have to explain away the evidence. I'd prefer a concealed, always-on system with wireless network access to avoid 'accidental' destruction should the 'wire' be found.
I'd like to know if dashboard cameras have made a difference in conviction rates and in reducing abuse by police. It'd expect dash cameras protect normal cops and save a lot of effort otherwise spent arguing over what really happened. That the police have sole control of this technology is an informational asymmetry that people need to discuss and change.
Problematically, the laws on what consists of legal recording are all over the map. For example, Pennsylvania has draconian laws against recording audio without consent - an overbroad anti-wiretapping statue gone awry.
Regardless, with the accessibility of cameras, large persistant storage (check out the prices on SDHC cards), and wireless internet plans, it should be easy enough to wire a car with a few cameras & mics or build a personal 'lapel' recorder for relatively cheap.
Imagine how the Irvine cop-beats-off-on-a-stripper case would've went if the incident was recorded by the victim. If we are forced to live in a surveillance state, we as individuals need to own it and rectify the current imbalance in surveillance and recording.
I think I have just identified a hobby electronics project for this holiday...
Posted by: Bob | December 21, 2009 10:48 AM
This seems like a promising development: San Jose Police Trying Video Camera Headsets.
Posted by: Savagemutt | December 21, 2009 10:53 AM
The detective (Baylor?) definitely needs to be disciplined.
I just wanted to mention, though, that some of the snowball fighters acted like idiots. In the video, you can see a snowball hit Baylor in the chest while he's standing there with a gun in his hand. What idiot thought that would help the situation.
Please don't misunderstand me, none of the idiocy of the crowd in any way excuses Baylor's actions.
Posted by: MRW | December 21, 2009 10:55 AM
San Jose police are experimenting with wearable cameras:
But...
Ah... when rights collide... the right to privacy vs. the right not to get beaten up by the police.
Posted by: tacitus | December 21, 2009 10:57 AM
Oops -- forgot the link:
http://yesbuthowever.com/san-jose-cops-will-wear-head-cameras-8136353/comment-page-1/
Posted by: tacitus | December 21, 2009 11:00 AM
Putting in an historical perspective didn't something similar occur on the evening of March 5, 1770 in Boston Massachusetts. In that case the soldiers fired, it was called the Boston 'Massacre'*, one of the key events leading to the Revolutionary War. - DJ
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* cf. The Kent State 'Massacre'.
Posted by: DingoJack | December 21, 2009 11:04 AM
WScott@2 -
Technically, the AC is correct. The cop didn't pull his gun on "snowball people". He pulled it on people throwing snowballs.
And yes, I work in a job where I have to parse shit like that.
Posted by: Pineyman | December 21, 2009 11:06 AM
Sorry, but what the fuck were people doing throwing snowballs at vehicles in the street? Especially on a day with very low visibility and very slick surfaces. Do that and you're almost asking for someone to get out of their vehicle pissed off and come at you.
I submit they were asking for it.
Posted by: chris | December 21, 2009 11:09 AM
Having lived in a snowy climate for 35 years, I can tell you quite clearly that kids always throw snowballs at cars during the first few snowfalls. It's a natural part of the cycle, part of that beginning of the year *ahhh* of the first real snowfall (entirely different from that end of the year *AHHHHH* *%*#&@#@$&# that comes with the last snowfall in March/April). When I was a kid, I did it, when I was a driver, I was a "victim" of it. The cop is a tool, end of story.
I submit that, if this is what you honestly believe, then you are a moron.
Posted by: dogmeatib | December 21, 2009 11:22 AM
Having lived in a snowy climate for 35 years, I can tell you quite clearly that kids always throw snowballs at cars during the first few snowfalls.
Part of the fun in that is then hitting your brakes and watching the little kids scatter...
Posted by: Geds | December 21, 2009 11:27 AM
Exactly!
Posted by: dogmeatib | December 21, 2009 11:31 AM
A hummer? How much do DC police officers make? Or was it a seizure?
Lifted from Balko's comments:
Posted by: Johnny Clamboat | December 21, 2009 11:33 AM
dogmeatib, you forget that these poor DC people aren't used to that white stuff that occasionally coats the northern and mountainous reaches of this fair country. Living in an area that used to be a swamp means that people were less likely used to driving in a couple of inches of this stuff, let alone as much as dropped this last weekend.
Of course, a police detective driving a 4X4, presumably having advanced driving training, shouldn't have problems.
Posted by: Umlud | December 21, 2009 12:00 PM
Posted by: WScott | December 21, 2009 12:06 PM
Actually Washington receives about a foot and a half of snow a year on average and gets a good sized blizzard about every 5 years. This guy being a detective likely has dealt with at least one and probably two or three blizzard years. IMO this isn't a "he was scared because of the snow" overreaction but more of a "oh no you didn't just throw snowballs at MY car" overreaction.
Rather than an "aaaah! I'm scared" more of a "Respect my authority!"
The ironic thing about this is, for years liberals and libertarians have expressed concerns about police power, abuse of power, etc. But now, we see with this instance and "Pat" that folks on the left have been joined by wacko fringe right wing nuts who fear a "[black] police state" who see this as evidence of their fears.
Posted by: dogmeatib | December 21, 2009 12:18 PM
Average salaries for a Washington DC police detective is about $60k. That’s before bonuses, kickbacks, payoffs, shakedowns, bribes and unreported confiscations.
Posted by: Abby Normal | December 21, 2009 12:30 PM
Wes,
My comment was about them being able to throw one in jail for up to 72 hours by just saying you are drunk in Florida under the Marchman Act. In other words, it is not that bad in DC compared to the deep South. Some of these cops down here still think they can do whatever they want. Jim Crow is not dead just yet.
Posted by: King of Ireland | December 21, 2009 12:45 PM
The real gem is seeing Faux News report that the snowball fight was an anti-war protest, and that the cop was forced to draw his weapon. They have since revised their story, with no mention of anti-war protests, and (as usual) no mention that they previously reported it dead wrong.
http://www.youtube.com/watch?v=7jIJBCRJDlI
Posted by: Mystyk | December 21, 2009 12:46 PM
I'm sorry but I read your other blog on the wanna-be gestapo & couldn't bring myself to read this one too.
There is no real justice in the American justice system.
Posted by: Rob Jase | December 21, 2009 12:50 PM
So the obvious policy is to have the cops wear them, turned on by default for officer safety. Then when confronting a suspect, the officer turns it off until given permission to turn it on again.
Strange how the ones later claiming abuse never give permission.
Posted by: D. C. Sessions | December 21, 2009 12:51 PM
The United States has a system of law, not of justice. That's not a criticism, that's an explanation from the highest levels of the system.
Posted by: D. C. Sessions | December 21, 2009 1:14 PM
I wonder why talking loudly to a cop at night near Harvard is disturbing the peace but brandishing a pistol in Washington is not. Oh...it's a detective waving the pistol around. Sorry.
And DingoJack #14,
I think it was a bit different in that the ones holding the rifles/muskets were soldiers, not cops. And they were on duty. And, correct me if I'm wrong, but I thought Kent State involved the National Guard, not the cops. Now, the cops have become more militarized in the last few decades, but I don't think they're completely over the edge. After all, I try not to let the 5% of clean cops be tainted by the 95% who aren't clean.
Posted by: Shawn Smith | December 21, 2009 1:23 PM
Abby@24 wins the thread!
Posted by: FastLane | December 21, 2009 2:02 PM
A cop in a Hummer. And anyone is surprised he was an asshole? In my experience, even "regular" people in Hummers are assholes. I think that's even part of the ad campaign.
Posted by: thinkoplex | December 21, 2009 2:10 PM
To be honest I was thinking along the same lines. Often gun nuts and Hummer owners tend to be compensating for something, a few of the cops I've known also had authoritarian (compensation) issues. The combination suggests that the guy may have some major inferiority issues.
Posted by: dogmeatib | December 21, 2009 2:21 PM
If the AC was really that naive that it didn't occur to him his officers might lie, or that he should wait for all the facts before making a categorical denial, then OK, but I strongly doubt that's the case. I think it's a typical example of automatically defending cops, with no concern for whether they really did anything wrong. The AC may well have been ignorant of the facts when he made that statement, but I submit it was very likely a willful ignorance.
Posted by: qetzal | December 21, 2009 2:23 PM
They should have all thrown one last snow ball at this LOSER as he left. We don't need cops like him or any who wish to cover for his actions.
Posted by: ricci roo | December 21, 2009 6:42 PM
I totally did a witch cackle at work today when I read this:
LOL. I can't watch videos work. I can't even see that they exist except for a big blank spot where they should be. All I could see were Ed's comments and it was still pretty effing funny. I'm going to watch them now, I just wanted to share how funny it was even when I couldn't see them.
dogmeat wrote:
You're working too hard! I would have simply referred to such a person as a "douchebag". Perhaps a d-bag if I was being a wee bit lazy.
Seriously, you have to be a total d-bag in order to want to even own a Hummer. You would qualify as some sort of sub-class of d-bag to even keep a Hummer that is given to you, unless you are homeless or Morton Spurlock or otherwise unable to prevent/willing to suffer whatever public humiliation you must endure to own such a monstrosity. Mostly it's just a given that you suck if you own one of your own free will.
Posted by: Leni | December 21, 2009 8:29 PM
Shawn (#30) - as I understand it Cops are 'officers of the court', thus never completely off-duty. If they see a crime being committed, reasonably suspect a crime is going to be committed or are informed of criminal acts, they are obliged to act (in theory at least).
But did this officer consider the proportionality of his unilateral actions and the potential hazards of unintended escalation?
What if, in this case, this asshole had jumped out of his Hummer and started waving his
dick, pardon me, gun around and some other armed asshole saw him and decided that he was a threat, then some other armed asshole saw the two armed men, and then another armed asshole happened on the scene...? Bingo-bango shootout at the OK coral.The officer should have had less hurt pride and more commonsense. Trivial events can careen out of control into a truly disastrous ones at frightening speed, especially when there's guns involved.
In both of the cases I cited it was a case of panicky armed persons facing a hostile, possibly armed, crowd. They fired, and history was made. It's a small mercy that this didn't become the "DC Christmas Massacre of '09".
There was many, much better ways, of handling this situation, armed assholes with a license do ignore the law, threatening people in a public place with a gun is not one of them. (IMHO) - DJ
Posted by: DingoJack | December 22, 2009 1:49 AM
Maybe he shouldn't have pulled a gun but what moron throws snowballs at someone that is driving. My 9 yr old knows not to do that. Throwing them at each other is different, at drivers? DUH!! Someone pelts my car with snowballs while I'm driving, I will stop and say something, not pull a gun but people these days lack common sense. Sheesh.
Posted by: ConcernedCitizen | December 23, 2009 2:51 PM
Its amazing how this young generation has "No" fear of death or injury. ( A normal person, would and should have "Ran" away from the scene; when anyone displays a Gun or Knife ).
A perfect example of this, clearly shows the lack of poor judgement and Intelligence on "All" of the crowd participates.
Its ashamed that a Police Officer conducted himself in a unprofessional manner and will cost him his job. But 25 Years is too long working as a Police Oficer and he needs to go,Fortunately he able to keep his pension.
But in turn the Crowd or in other words a "Mob" with no respect or regard for Law & Order. Took it upon themselves, to act in a un-civilized manner and disrupt both Vehicle & Pedestrian traffic, that should have been a peaceful day for everyone.
Both the Police Officer and the defiant Crowd were both wrong, if anyone disputs that incident. Then shame on you.
Respectfully Submitted
Retired Law Enforcement
Posted by: Chris | December 23, 2009 4:41 PM