Oct 31, 2008 Incident - Complaint Filee Report

Incident Date: Thursday, October 31, 2008
Incident Time: Approximately 1:00 am

As of November 17, 2008, although told by the Mayor of the City of Beacon, that the City Council will be investigating the case, none of the incident victims have been contacted about their experiences.

At 1:00 am on October 31, 2008 on the private property of xxx, the City of Beacon Police Department, BPD, failed to implement the guidelines. Xxx's account of the incident is as follows:

"Last Saturday night several City of Beacon youth and myself witnessed police activity that proved that even though the police are there to enforce laws, it appears that to achieve law enforcement, they need to bypass correct police guidelines and actually break the laws set in place the the U.S. Constitution and adopted procedure. "

"Late Thursday Night at approximately 1:30 am several police officers were dispatched to my home on North Ave to investigate a group of city youth that were gathered together enjoying each other's company. The following are some issues that are disturbing and need to be brought to light: The police initially broke the law's set forth in the 4th Amendment of the U.S. Constitution by entering my property without a warrant or permission.

Approximately 10 youths were ordered by police to 'get on the ground'. The officers were yelling at the youth who were engaged in legal, social activity, on my property. The youth were threatened with guns drawn and police dogs. The youth were told if they did not comply with getting on the ground that they would be attacked by the dog. All of the male youths were handcuffed while laying down.

They were not informed of their rights. The police told them, that they were doing an investigation. One of the youth, had a gun put to his head, was hit on the head with a flashlight, along with another with whom he was lying on the ground next to, shoulder to shoulder. One youth had his face stepped on by an officer, as the officer stepped over him to hit another on the head with his flashlight. Even though there were no radios playing or contraband found, guns were drawn and more than one youth was assaulted.

No one broke any laws and no one was arrested, no tickets were written. 5 female youth were also ordered to lay on the ground, face first, with their hands behind their backs. When I came out of my home, the officers started screaming at me, “Back the fuck up! Get back in your fucking house. We know who you are!”

The next morning I went to BPD Headquarters to file a complaint and requested a complaint form. The forms were supposed to be available, according to Federal Guidelines. I was told by the sergeant on the desk 'they don't have complaint forms.' After denying my repeated request for a complaint form I was told that I could go 'upstairs' to the City Hall Office and fill out a Freedom of Information Act Form, if I wanted to get a list of the officers involved so that I could file an informed complaint.

Besides not being given a complaint form, I also observed that the sergeant was not wearing a name plate, even thought the Federal Guidelines recommended that they do so. I am aware of a Use of Force form that officers need to fill out during an incident such as this.

I called Mayor Steve Gold after visiting the BPD. I told him of my attempt to complete a complaint form. I also asked him for a copy of the completed Use of Force form. He told me that 'he will investigate this incident’. The BPD and the city did not earn any respect from these youth and actually now probably worry that the police are not there to protect them. I worry about my children's safety and that of the youth in this town, that they may come into contact with the police.