Quantcast
Connect with us

Officers at Sam DuBose scene involved in death of another unarmed black man

Published

on

Five years before University of Cincinnati officers Eric Weibel and Phillip Kidd corroborated the seemingly false account of an officer now charged with murder, they helped as Kelly Brinson was shocked and shackled

Two police officers who corroborated a seemingly false account of the fatal shooting of Samuel DuBose in Cincinnati were previously implicated in the death of an unarmed, hospitalised and mentally ill black man who died after he was “rushed” by a group of seven University of Cincinnati police officers.

ADVERTISEMENT

Kelly Brinson, a 45-year-old mental health patient at Cincinnati’s University hospital, suffered a psychotic episode on 20 January 2010 and was placed inside a seclusion room at the hospital by UC officers. He was then shocked with a Taser three times by an officer and placed in restraints. The father of one – son Kelly Jr – then suffered a respiratory cardiac arrest and died three days later.

In court documents obtained by the Guardian and filed by Brinson’s family in a civil suit against the UC police and the hospital, all seven officers are accused of using excessive force and “acted with deliberate indifference to the serious medical and security needs of Mr Brinson”.

According to the lawsuit, before Brinson was placed in restraints he “repeatedly yelled that slavery was over and he repeatedly pleaded not to be shackled and not to be treated like a slave”.

The documents named University of Cincinnati officers Eric Weibel and Phillip Kidd – the same men who, in a formal report, supported officer Ray Tensing’s claim that he was “dragged” by DuBose’s vehicle on 19 July.

ADVERTISEMENT

Tensing’s account that he was “dragged” was used as justification for the lethal use of force. It was later dismissed as an attempt to mislead investigators and as “making an excuse for the purposeful killing of another person” by the Hamilton County prosecutor Joseph Deters, who charged Tensing with murder on Wednesday.

The revelation that officers Weibel and Kidd provided the corroboration for Tensing’s account of the incident was met with anger by Brinson’s family members, who told the Guardian on Thursday that if both officers had been disciplined correctly in 2010, the death of DuBose might have been avoided.

“If something had been done in 2010, I don’t think this wouldn’t have happened,” Kelly Brinson’s brother, Derek, said in an interview.

ADVERTISEMENT

The officers involved in his brother’s death were “supposed to be fired”, Brinson said. “But what happened was because we had an out of court settlement, they had immunity and they couldn’t be prosecuted.”

“Everybody … associated with this case was supposed to be terminated,” he said. “And they didn’t – they didn’t terminate them.”

Brinson’s family settled a federal civil court case with the hospital and the police department for $638,000. All University of Cincinnati campus police officers were also removed from patrolling the psychiatric wards at the hospital after Brinson’s death.

ADVERTISEMENT

The University of Cincinnati police division report on DuBose’s death, which supports the argument Tensing was dragged, is written by officer Eric Weibel. Weibel does not claim to have witnessed the shooting, but he writes of Tensing’s uniform: “I could see that the back of his pants and shirt looked as if it had been dragged over a rough surface.

Weibel also quotes from a discussion with Officer Kidd, and writes: “Officer Kidd told me that he witnessed the Honda Accord drag Officer Tensing, and that he witnessed Officer Tensing fire a single shot.”

A Guardian analysis of Tensing’s body-camera footage released by the Hamilton County prosecutor on Wednesday shows that on two occasions immediately after DuBose is shot, Kidd reinforces Tensing’s claim he was dragged: “Yeah, I saw that,” Kidd says in the aftermath of a split-second killing of DuBose, as Tensing recounts how he was dragged.

ADVERTISEMENT

On Thursday, the prosecutor’s office released the footage from Kidd’s body camera, which shows that the officer – along with another University of Cincinnati police officer, David Lindenschimdt – was behind Tensing during the shooting.

Shortly after the release of their body camera footage, UC police confirmed both officer Kidd and officer Lindenschmidt had been placed on administrative leave.

A synced-up video of body-camera footage from Tensing, Kidd and Lindenschimdt reveals the dramatic aftermath of the shooting and shows that Lindenschimdt also backs Tensing’s claim he was dragged, later telling another officer: “I just arrived to back him [Tensing] up, the guy took off. The officer was stuck in the vehicle. He fired one round.”

ADVERTISEMENT

Neither Kidd nor Weibel responded to requests for comment from the Guardian left at listed numbers.

Witness documents for the 2010 case show that it was a different officer who deployed the Taser against Brinson, but both Kidd and Weibel were involved in restraining him. In Weibel’s handwritten account of that incident, he states that he had observed Brinson was “greatly agitated” after he was placed in a seclusion room and a request for leather restraints was made.

Following five minutes of discussion between hospital staff and Brinson, Weibel recalled that force then became “warranted” and he indicated to another officer “that I was going to rush the patient” as Brinson “turned his attention away”.

ADVERTISEMENT

“At this point, without announcement, I quickly lundged [sic] at the patient,” Weibel writes in block capital letters.

Brinson was then shocked with a Taser and placed in restraints, according to the complaint filed in US district court. Weibel writes in his statement that he later observed Brinson was non-responsive and “had a blank stare on his face”, at which point a doctor was called.

According to Kidd’s deposition, he heard “grunts” coming from Brinson after the Taser was used. Kidd told attorneys he assisted in restraint by placing his elbow on Brinson’s jaw and his hand near his temple and face.

ADVERTISEMENT

The University of Cincinnati police division declined to respond to a request for comment on the 2010 death.

• Do you have information about an officer-involved death that the public deserves to know? Help us document every police killing in America with The Counted

guardian.co.uk © Guardian News and Media 2015

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and legal efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. And unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from billionaires and corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you. Click to donate by check.

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



Report typos and corrections to: [email protected]. Send news tips to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Breaking Banner

5.0 earthquake strikes Ridgecrest, California — two months after 7.1

Published

on

Two months after the 7.1 earthquakes that hit outside of Los Angeles, another more modest quake was detected, ABC-7 reported.

While the location of the quake was about 20 miles north of Ridgecrest, California, at the Naval Air Warfare Center China Lake. People as far away as Clark County, Nevada also felt the rumble Thursday afternoon.

https://twitter.com/ClarkCountyNV/status/1164643506494689280

It left several people asking if it was considered a foreshock or a really late aftershock from two months ago.

Continue Reading

Breaking Banner

New poll shows Republicans may get wiped out — in Mitch McConnell’s home state of Kentucky

Published

on

This year, Republicans may be heading for a rough election in an unlikely state: Kentucky.

New internal Democratic polls reveal that the GOP is struggling in three critical Kentucky races taking place in November. In the gubernatorial race, incumbent GOP Gov. Matt Bevin is trailing Democratic Attorney General Steve Beshear 48 to 39.

Further down the ballot, the GOP is also vulnerable. In the attorney general race to replace Beshear, former Democratic state House Speaker Greg Stumbo is ahead 46 to 39 against Republican Daniel Cameron, the former legal counsel to Senate Majority Leader Mitch McConnell. And in the secretary of state race, where incumbent Democrat Alison Lundergan Grimes is retiring, Democratic former Second Lady of Kentucky and Miss America 2000 pageant winner Heather French Henry leads GOP former Justice Department lawyer Michael Adams 52 to 37.

Continue Reading
 

Breaking Banner

El Paso hospital forced to call out Trump’s lie that surgeons left the operating room to see him

Published

on

President Donald Trump bragged that he got an overwhelming welcome from Ohio and Texas when he went to visit survivors of the mass shootings before his latest vacation. Now, however, El Paso's University Medical Center is being forced to dispute the president's account of events.

"Not only did they meet with me, they were pouring out of the room. The doctors were coming out of the operating rooms. There were hundreds and hundreds of people all over the floor. You couldn’t even walk on it. So, you know, there’s a lot to happen," Trump told reporters on the White House lawn Wednesday.

Continue Reading
 
 

Thank you for whitelisting Raw Story!

As a special thank you, from now until August 31st, we're offering you a discounted rate of $5.99/month to subscribe and get ad-free access. We're honored to have you as a reader. Thank you. :) —Elias, Membership Coordinator
LEARN MORE
close-link
close-image