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THIRD video surfaces of Canton PD Officer Harless

KBCraig

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Like the other videos, he threatens to shoot and kill someone and is caught on dashcam. This one is from December 2010, and involves what seems to be another unjustified stop and fishing expedition.

http://www.pixiq.com/article/canton-cop-threatens-to-kill-citizen-in-third-dash-cam-video

"Okay, this is where we're gonna play the game. (unintelligible) I'll be honest with you. I would not even (unintelligible) and if you ever think I'm joking with you, I'll put you in the grave this time. If you scratch your balls wrong, I'm going to pull my gun and I'm going to shoot you. Don't even -- don't even -- do one thing out of line. This time I'll justify it through the court. You've grabbed my weapon before. I'll kill you this time. Do you understand? Do you have (unintelligible, crosstalk)? Yeah, we had a big problem, Mr. Pearson. I have a big problem with you."

This wasn't even loud or angry. This was just his manner-of-fact way of dealing with stopped motorists. And once again, there doesn't seem to have been a reason for the stop, other than driving through a bad neighborhood looking suspicious. No tickets issued. Everyone was released at the scene. There was some discussion about who had a good license, but they were also told, "You're walking, not driving."

Even when he's not raging, this guy is a walking example of every kind of 4A violation going.
 

papa bear

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it is obvious that he is a sadistic scumball and anybody that supports him is also.

but , i would like to point out one thing that jumps out at me in these videos is, if you are stopped,
SHUT UP, they should be used to show what citizens should not do

i liked the way the spokesperson for the dept. didn't even understand the question of why he didn't know that Harless was a problem. the reason he didn't is because this is probably standard procedure of the Canton police force. birds of a feather flock together
 

Badger Johnson

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It sounds to me like a person who is roid raging or hopped up on coke. I think they should drug test him...
 

buzzsaw

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According to the internet (not always the most reliable source), he (the cop) has been granted a 90 day extension. The union and his lawyer claim that testifying or assisting in his defense will not be possible due to the detrimental results it would have on his treatment for PTSD. Min. delay--no action till Dec.

I must be going to the wrong counselor cause mine always says talking about it will help.
 

thebigsd

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According to the internet (not always the most reliable source), he (the cop) has been granted a 90 day extension. The union and his lawyer claim that testifying or assisting in his defense will not be possible due to the detrimental results it would have on his treatment for PTSD. Min. delay--no action till Dec.

I must be going to the wrong counselor cause mine always says talking about it will help.

PTSD from what? Encountering a legally armed citizen? If that was true I would be seriously screwed up from going to all these VCDL meetings...
 

SFCRetired

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It sounds to me like a person who is roid raging or hopped up on coke. I think they should drug test him...

You may have just hit the nail square on the head. A lot of officers like to "bulk up" so that they can better physically overpower someone. From the frequency I'm seeing of this sort of incident, I suspect a lot of those who are trying to "bulk up" are doing so with chemical enhancement. Another website that I frequent has a daily listing of police misconduct, to include instances such as this one.

While I do not think it is extremely common or true of every LEO, I do think there is a group that is guilty of this. Were I a mayor/city manager/councilman, I would push very hard to institute random drug testing along with a mandatory drug test for any officer accused of violent misconduct. I have never heard of random testing being required other than the testing of a new hire.

Granted, the random drug testing would be an expense, but it would be a cheaper expense than having to defend and/or settle a lawsuit.
 

Badger Johnson

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badge or no, someone tries to kill me i will defend myself up to and including lethal force.

First, welcome to OCDO.

Second, I'd be cautious about such pronouncements here in the open forum. In this case the officer didn't -try- to kill anyone, he just threatened them under the color of authority (which is different from an ordinary threat made casually by a civilian, it seems to me).

If you're seriously concerned about this kind of thing I'd get a 2A lawyer on retainer and discuss these issues, or hypotheticals with them.

Take it easy.
 

Deanimator

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The victim in the case is still set to go to criminal trial for the "failure to notify".

Given that he's "unable to contribute to his own defense" in the disciplinary hearing, I'd be VERY surprised if Harless turned up as a witness in the criminal trial. I'd love it if he did though. Any first WEEK law student would skin him alive like Pinhead in the "Hellraiser" movies. His partner isn't going to be any more effective, given the illegal search he's seen conducting in the video.

The prosecutor is like a Japanese soldier, sitting in a hole with a fused artillery shell and a ball peen hammer, waiting for a Sherman tank to come along. Unfortunately for him, a bulldozer is coming to fill in the hole and he has no "Plan B".

By the time the criminal trial of the victim is done, the prosecutor is going to be nothing but bloody gobbets of flesh.

Things get REALLY ugly when the civil proceedings against the cop, the department and the city get going.
 
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color of law

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Charges were not dropped.

"After the state finished its case, the defense argued that the prosecutor did not meet its legal burden for the weapons charge and asked the judge to throw it out before the defense took its turn. Belden agreed."

That is a rule 29 motion which the judge granted. In other words the defendant was acquitted.

If the charges were dropped the prosecution refile them and prosecute him again. Being acquitted does not allow for that, double jeopardy.
 

Deanimator

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Charges were not dropped.

"After the state finished its case, the defense argued that the prosecutor did not meet its legal burden for the weapons charge and asked the judge to throw it out before the defense took its turn. Belden agreed."

That is a rule 29 motion which the judge granted. In other words the defendant was acquitted.

If the charges were dropped the prosecution refile them and prosecute him again. Being acquitted does not allow for that, double jeopardy.
Correct.

The notification charge was DISMISSED, not dropped.

He pleaded no contest on the stopped in the roadway charge.

It was a pathetic debacle for the City of Canton. Eventually it'll be an expensive one.
 

color of law

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Correct.

The notification charge was DISMISSED, not dropped.

He pleaded no contest on the stopped in the roadway charge.

It was a pathetic debacle for the City of Canton. Eventually it'll be an expensive one.

No, not dismissed. He was acquitted. Big difference.

"Acquit" - To free or clear from a charge or accusation.

"Dismiss" - To put (a claim or action) out of court without further hearing.

Acquittal means cannot be retried, double jeopardy.

Dismissal means the prosecution can refile the charges.
 

JamesB

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No, not dismissed. He was acquitted. Big difference.

"Acquit" - To free or clear from a charge or accusation.

"Dismiss" - To put (a claim or action) out of court without further hearing.

Acquittal means cannot be retried, double jeopardy.

Dismissal means the prosecution can refile the charges.

Acquit - Something a jury does.

Dismiss - Something a District Attorney or Judge does.

The Judge dismissed the charge.
 

KBCraig

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Acquit - Something a jury does.

Dismiss - Something a District Attorney or Judge does.

The Judge dismissed the charge.

DAs can drop a charge, but not dismiss it. Dismissal requires a judicial finding, and is binding. DAs can and do drop charges all the time, only to refile them later.
 

color of law

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Acquit - Something a jury does.

Dismiss - Something a District Attorney or Judge does.

The Judge dismissed the charge.

I always enjoy someone from out of state attempting to explain Ohio law to Ohioans.

Based on the quoted logic, a defendant could not have a bench trial. In other words, only a jury can acquit.

When the prosecution rested their case the defense moved the court by offering an Ohio Criminal Rule 29 motion.

"RULE 29. Motion for Acquittal
(A) Motion for judgment of acquittal. The court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense or offenses. The court may not reserve ruling on a motion for judgment of acquittal made at the close of the state's"

Dismissals usually happen in civil cases.
 
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