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| The Impolite Realities of Observing Police Abuse | The Impolite Realities of Observing Police Abuse |
| (2 months later) | |
| Most of the time, I witness police misconduct like many other Americans: secondhand. Scrolling through my news feed, a video pops up showing an appalling instance of officer behavior that was captured by a concerned onlooker. It has become an eerie hallmark of our time: the use of smartphone recordings as a limited yet meaningful deterrent against police abuse, or at least police impunity. | Most of the time, I witness police misconduct like many other Americans: secondhand. Scrolling through my news feed, a video pops up showing an appalling instance of officer behavior that was captured by a concerned onlooker. It has become an eerie hallmark of our time: the use of smartphone recordings as a limited yet meaningful deterrent against police abuse, or at least police impunity. |
| But a couple of Fridays ago, on the evening of Dec. 7, I found myself, for the first time, in the role of alarmed eyewitness filming police overreach. | But a couple of Fridays ago, on the evening of Dec. 7, I found myself, for the first time, in the role of alarmed eyewitness filming police overreach. |
| On a break from work, I crossed the intersection of 40th and 8th Avenue in Manhattan and, through a jungle of midtown noise and limbs, saw a group of police officers pushing an African-American man outside the Port Authority Bus Terminal. I couldn’t tell how the squabble started, but the man repeatedly called out: “Somebody tape me. Tape me, please.” | On a break from work, I crossed the intersection of 40th and 8th Avenue in Manhattan and, through a jungle of midtown noise and limbs, saw a group of police officers pushing an African-American man outside the Port Authority Bus Terminal. I couldn’t tell how the squabble started, but the man repeatedly called out: “Somebody tape me. Tape me, please.” |
| He didn’t resist as handcuffs were placed on his wrists, but the officer leading the pack kept shoving him against a wall. My hands shaking from a mix of adrenaline and December cold, I took out my phone and began to record the scene, along with another bystander or two. | He didn’t resist as handcuffs were placed on his wrists, but the officer leading the pack kept shoving him against a wall. My hands shaking from a mix of adrenaline and December cold, I took out my phone and began to record the scene, along with another bystander or two. |
| Port Authority Police officers approached those of us filming and told us not to interfere. The other person next to me filming, a young-looking Latino man wearing a beanie hat, kept his distance, but loudly protested. | Port Authority Police officers approached those of us filming and told us not to interfere. The other person next to me filming, a young-looking Latino man wearing a beanie hat, kept his distance, but loudly protested. |
| “I got the right to record all I want,” he shouted. “I don’t have to step off the sidewalk. Freedom of speech.” He then called the officers “pigs,” lacing his taunts with profanity. | “I got the right to record all I want,” he shouted. “I don’t have to step off the sidewalk. Freedom of speech.” He then called the officers “pigs,” lacing his taunts with profanity. |
| When I asked a nearby police officer his name and what prompted the clamor, he threatened me with arrest for blocking the sidewalk, at which point I identified myself as a New York Times journalist just trying to observe. | When I asked a nearby police officer his name and what prompted the clamor, he threatened me with arrest for blocking the sidewalk, at which point I identified myself as a New York Times journalist just trying to observe. |
| The officers’ focus then turned toward the Latino man in the beanie, who continued to trade barbs with the five or so officers slowly surrounding him. He swiveled from side to side, waving his phone in a panoramic motion, its lens now serving as his shield. | The officers’ focus then turned toward the Latino man in the beanie, who continued to trade barbs with the five or so officers slowly surrounding him. He swiveled from side to side, waving his phone in a panoramic motion, its lens now serving as his shield. |
| I walked off toward the spot where the black man was detained to ask others if they’d seen what started the commotion. Within moments, I heard the clang of a body hitting the metal barricades behind me. | I walked off toward the spot where the black man was detained to ask others if they’d seen what started the commotion. Within moments, I heard the clang of a body hitting the metal barricades behind me. |
| The Latino man in the beanie was pinned to the ground by four officers, one of them crushing the man’s neck and head into the concrete while another gave him quick blows to the side, as yet another cuffed him and a fourth twisted his leg. | The Latino man in the beanie was pinned to the ground by four officers, one of them crushing the man’s neck and head into the concrete while another gave him quick blows to the side, as yet another cuffed him and a fourth twisted his leg. |
| “All right, I’m sorry. I’m sorry, man — just let me go home, please,” the man pleaded. | “All right, I’m sorry. I’m sorry, man — just let me go home, please,” the man pleaded. |
| “Little late,” one of the officers said, tightening the cuffs. | “Little late,” one of the officers said, tightening the cuffs. |
| A plainclothes officer approached me and pushed away my phone. “Sir, you want to go to jail?” he threatened. “Stop recording.” | A plainclothes officer approached me and pushed away my phone. “Sir, you want to go to jail?” he threatened. “Stop recording.” |
| This time, I stopped. When asked why the man in the beanie had been arrested, the officer limply offered, “Disorderly conduct.” | This time, I stopped. When asked why the man in the beanie had been arrested, the officer limply offered, “Disorderly conduct.” |
| With the sinking feeling that his response was most likely the first step in an attempt by the police to cover for themselves, I returned to work and began to do a little digging. | With the sinking feeling that his response was most likely the first step in an attempt by the police to cover for themselves, I returned to work and began to do a little digging. |
| The man in the beanie was Jairo Tejada Espinosa. He was charged with obstructing government administration, resisting arrest, disorderly conduct and assault on a police officer, which is a felony, among other charges. (The black man we both filmed was booked on a harassment charge, a violation usually punished with a fine.) Mr. Espinosa, 33, was taken to Bellevue Hospital for injuries sustained during his arrest. | The man in the beanie was Jairo Tejada Espinosa. He was charged with obstructing government administration, resisting arrest, disorderly conduct and assault on a police officer, which is a felony, among other charges. (The black man we both filmed was booked on a harassment charge, a violation usually punished with a fine.) Mr. Espinosa, 33, was taken to Bellevue Hospital for injuries sustained during his arrest. |
| In response to my inquiries, the Port Authority said through its press office that the matter had been referred to the agency’s independent Office of the Inspector General. “We hold our officers to the highest standards,” the statement says. “And any conduct that would require disciplinary action will be addressed following the conclusion of the investigation.” | In response to my inquiries, the Port Authority said through its press office that the matter had been referred to the agency’s independent Office of the Inspector General. “We hold our officers to the highest standards,” the statement says. “And any conduct that would require disciplinary action will be addressed following the conclusion of the investigation.” |
| The investigators may want to begin with a close examination of the police’s official account, as written in a criminal complaint to the court. The police claim that Mr. Espinosa “resisted arrest in that he manipulated his arms and hands to avoid handcuffing, continuously flailed his legs, and laid down on the ground” — a characterization that seems exaggerated at best. (Surveillance cameras on the corner, to which the Port Authority has access, should provide useful information for investigators.) | The investigators may want to begin with a close examination of the police’s official account, as written in a criminal complaint to the court. The police claim that Mr. Espinosa “resisted arrest in that he manipulated his arms and hands to avoid handcuffing, continuously flailed his legs, and laid down on the ground” — a characterization that seems exaggerated at best. (Surveillance cameras on the corner, to which the Port Authority has access, should provide useful information for investigators.) |
| The police also wrote in their official complaint that Mr. Espinosa, while in custody on the way to the hospital, “repeatedly kicked” an officer, hurting his hand. Mr. Espinosa is contesting all the charges and has declined to plead guilty to reduced non-felony charges. | The police also wrote in their official complaint that Mr. Espinosa, while in custody on the way to the hospital, “repeatedly kicked” an officer, hurting his hand. Mr. Espinosa is contesting all the charges and has declined to plead guilty to reduced non-felony charges. |
| Mr. Espinosa’s public defender, Rebecca Phipps, informed the Manhattan district attorney’s office that the Port Authority inspector general had begun an investigation. He was released on Dec. 13; his next court date is Feb. 5. | Mr. Espinosa’s public defender, Rebecca Phipps, informed the Manhattan district attorney’s office that the Port Authority inspector general had begun an investigation. He was released on Dec. 13; his next court date is Feb. 5. |
| Citing privacy concerns, Ms. Phipps would not provide me with any further personal information about Mr. Espinosa. The facility commander of the Port Authority Police declined to comment in response to inquiries about Mr. Espinosa’s initial felony-assault charge. | Citing privacy concerns, Ms. Phipps would not provide me with any further personal information about Mr. Espinosa. The facility commander of the Port Authority Police declined to comment in response to inquiries about Mr. Espinosa’s initial felony-assault charge. |
| After I briefed him on the details of the case, Scott Hechinger, a senior staff attorney and director of policy at Brooklyn Defender Services, expressed skepticism about the police account, while cautioning that each case is different. “These are the quintessential allegations police make against someone who has been the victim of excessive force,” he said. | After I briefed him on the details of the case, Scott Hechinger, a senior staff attorney and director of policy at Brooklyn Defender Services, expressed skepticism about the police account, while cautioning that each case is different. “These are the quintessential allegations police make against someone who has been the victim of excessive force,” he said. |
| While the truth of what happened on the way to Bellevue Hospital may end up a matter of Mr. Espinosa’s word versus that of the Port Authority police officers, the police’s less than forthright characterization of Mr. Espinosa’s arrest suggests this incident may be yet another case of excessive force by New York City public safety officers. | While the truth of what happened on the way to Bellevue Hospital may end up a matter of Mr. Espinosa’s word versus that of the Port Authority police officers, the police’s less than forthright characterization of Mr. Espinosa’s arrest suggests this incident may be yet another case of excessive force by New York City public safety officers. |
| A few weeks ago, police officers forced an incarcerated Bronx woman to remain handcuffed while giving birth. And this month, a video posted on Facebook showed Jazmine Headley sitting on the floor of a Brooklyn food-stamp office while authorities pried her 1-year-old from her arms following an argument over Ms. Headley’s sitting on the floor. Her charges, which included resisting arrest and obstructing governmental administration, were dropped following widespread public outrage after the video went viral. | A few weeks ago, police officers forced an incarcerated Bronx woman to remain handcuffed while giving birth. And this month, a video posted on Facebook showed Jazmine Headley sitting on the floor of a Brooklyn food-stamp office while authorities pried her 1-year-old from her arms following an argument over Ms. Headley’s sitting on the floor. Her charges, which included resisting arrest and obstructing governmental administration, were dropped following widespread public outrage after the video went viral. |
| Mr. Espinosa may be a less sympathetic character than the young mother. But his original offense — using obscene language — is a violation typically punished with a ticket and a fine, not an elbow to the face. | Mr. Espinosa may be a less sympathetic character than the young mother. But his original offense — using obscene language — is a violation typically punished with a ticket and a fine, not an elbow to the face. |
| As I dug into his case, I found myself fighting the idea that maybe I was making too big a deal out of what I saw. After all, I thought, Mr. Espinosa didn’t suffer life-altering or life-ending injuries. | As I dug into his case, I found myself fighting the idea that maybe I was making too big a deal out of what I saw. After all, I thought, Mr. Espinosa didn’t suffer life-altering or life-ending injuries. |
| But that thinking is a problem at the root of our criminal justice system: Little fuss is made when people without access to the levers of power are robbed of their dignity, rights or freedoms. | But that thinking is a problem at the root of our criminal justice system: Little fuss is made when people without access to the levers of power are robbed of their dignity, rights or freedoms. |
| The First Step Act, a bipartisan criminal justice reform bill winding through Congress that aims to roll back the excesses of tough-on-crime laws, deserves the polite plaudits it’s receiving. But if passed, it still can’t temper the attitude problem in policing, the insecurities of hot-blooded, poorly trained police officers whose first instinct, far too often, is escalation and force. | The First Step Act, a bipartisan criminal justice reform bill winding through Congress that aims to roll back the excesses of tough-on-crime laws, deserves the polite plaudits it’s receiving. But if passed, it still can’t temper the attitude problem in policing, the insecurities of hot-blooded, poorly trained police officers whose first instinct, far too often, is escalation and force. |
| For insulting an officer, Mr. Espinosa was beaten, cuffed, dragged in public and taken to the hospital, then locked up for several days because of felony-level bail too expensive for him. | For insulting an officer, Mr. Espinosa was beaten, cuffed, dragged in public and taken to the hospital, then locked up for several days because of felony-level bail too expensive for him. |
| (I’ve seen white men I grew up with in the South and Northeast do much worse in the presence of the police without reprimand, and I’ve heard students of color at protests on elite college campuses call officers equally harsh names to their faces without being tackled.) | |
| The impolite reality is that stories like this explain why frustrated residents in many communities see the police as an occupying force. This shows what a growing cross-section of Americans in both political parties mean when they speak of a two-tiered justice system. This is why the police, in neighborhoods and editorial pages across the country, often don’t get the respect they demand — or the trust they feel they deserve. | The impolite reality is that stories like this explain why frustrated residents in many communities see the police as an occupying force. This shows what a growing cross-section of Americans in both political parties mean when they speak of a two-tiered justice system. This is why the police, in neighborhoods and editorial pages across the country, often don’t get the respect they demand — or the trust they feel they deserve. |
| Talmon Joseph Smith is on the staff of The New York Times Opinion section. | Talmon Joseph Smith is on the staff of The New York Times Opinion section. |
| Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram, and sign up for the Opinion Today newsletter. | Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram, and sign up for the Opinion Today newsletter. |