Oregon Cop Kicks Biker in Chest

A jury awarded a Eugene man after he was kicked by an Oregon State Police captain during a 2012 traffic stop.

The Register-Guard reported that Capt. Rob Edwards testified in U.S. District Court in Eugene as part of a civil trial that his force was in line with state police policies.

Edwards was accused of using excessive force against Justin Wilkens, whose collarbone was broken when Edwards took him into custody Aug. 3, 2012, after chasing down the speeding rider.

The jury claimed Edwards violated Wilkens' civil rights.

Wilkens says he did not recognize Edwards' unmarked car as a police vehicle.
newtboysays...

Really? That broke his collar bone?! It seemed like he barely connected, but if he won in court, I'm sure there was medical evidence.
How much did the jury award him? I hope a lot. Not for the kick, but for ramming him when he clearly only noticed the cop at the light, and then he immediately put his blinker on and even gave an "oh crap" head hang right before he stops and gets rammed.
I wonder if the cop even had his lights and siren on before then, since there's no sound we cant tell. He certainly wasn't up close enough to be heard on a loud motorcycle until the end, nor was he making his presence known before then.
Even if the bike wasn't stopping, he wasn't endangering anyone, so there was no reason to hit him, possibly seriously injuring or killing him, in the first place. Speeding is not a capital offence. Intentional vehicular homicide should be, even if you wear blue pants with a racing stripe.

Mordhaussays...

Wilkens was awarded more than $180,000 in total damages.

Jurors additionally determined that Edwards acted with negligence when his police car rear-ended Wilkens’ motorcycle, but ruled that the veteran state trooper did not violate Wilkens’ rights by pointing a gun at him and using force to handcuff and then pull Wilkens to his feet.

Wilkens suffered a broken left clavicle, a fractured rib and other injuries in the Aug. 3, 2012, incident.

http://registerguard.com/rg/news/local/33955359-75/federal-jury-rules-in-favor-of-speeding-motorcyclist-against-oregon-state-police-trooper.html.csp

Some other nice bits in the article, the officer was driving an unmarked chevy camaro, was unaware that it was equipped with a dash cam, and blamed the rear ending of the bike on 'brake fade' (which a brake expert testified was rare in modern brake systems).

It's a fun read, also the cop was later promoted to captain.

newtboysaid:

Really? That broke his collar bone?! It seemed like he barely connected, but if he won in court, I'm sure there was medical evidence.
How much did the jury award him? I hope a lot. Not for the kick, but for ramming him when he clearly only noticed the cop at the light, and then he immediately put his blinker on and even gave an "oh crap" head hang right before he stops and gets rammed.
I wonder if the cop even had his lights and siren on before then, since there's no sound we cant tell. He certainly wasn't up close enough to be heard on a loud motorcycle until the end, nor was he making his presence known before then.
Even if the bike wasn't stopping, he wasn't endangering anyone, so there was no reason to hit him, possibly seriously injuring or killing him, in the first place. Speeding is not a capital offence. Intentional vehicular homicide should be, even if you wear blue pants with a racing stripe.

newtboysays...

I especially liked the repeating "clearly did not violate established procedures or tactics" part, but no indication that they understand that all that means is the established procedures and/or tactics need to be changed so they know they can't kick people who have surrendered and complied. It sounds a lot like they didn't learn anything and will be paying out more, and larger settlements in the future until the amount is large enough to wake them up.

I also liked the "Edwards acknowledged in his testimony that Wilkens had begun to comply with his commands when he landed the kick, but said he was unable to stop the kick because he “already had the muscles fired” in his right leg." part, like he still doesn't know there's video of him taking 2 steps forward then kicking all while the motorcyclist is going down to his knees. Just so much fail.

EDIT: Oh, I missed the brake fade part. I notice the hood dip, then rebound as he hits, then quickly lets off the brake, accelerates slightly, and turns right into the bike to ram it. Brake fade might let him roll forward slowly, it would not let the front of the car raise up like the brakes were released and accelerator hit, and would not turn the wheel in the direction of the biker. That wasn't brake fade, no way, it was an intentional ramming. I'm a bit surprised that wasn't brought up in court.

Mordhaussaid:

Wilkens was awarded more than $180,000 in total damages.

Jurors additionally determined that Edwards acted with negligence when his police car rear-ended Wilkens’ motorcycle, but ruled that the veteran state trooper did not violate Wilkens’ rights by pointing a gun at him and using force to handcuff and then pull Wilkens to his feet.

Wilkens suffered a broken left clavicle, a fractured rib and other injuries in the Aug. 3, 2012, incident.

http://registerguard.com/rg/news/local/33955359-75/federal-jury-rules-in-favor-of-speeding-motorcyclist-against-oregon-state-police-trooper.html.csp

Some other nice bits in the article, the officer was driving an unmarked chevy camaro, was unaware that it was equipped with a dash cam, and blamed the rear ending of the bike on 'brake fade' (which a brake expert testified was rare in modern brake systems).

It's a fun read, also the cop was later promoted to captain.

Ashenkasesays...

"Even if the bike wasn't stopping, he wasn't endangering anyone"

Speeding, multiple double yellow line passing, aggressive lane changes, high speed cornering. This guy WAS endangering others.

Some and I stress only some rocket jockeys are complete douches when it comes to overstepping the bounds which this guy WAS doing.

"so there was no reason to hit him"

I agree, the take down was ridiculous.

newtboysays...

OK, perhaps I miss-wrote. He wasn't endangering anyone besides himself.

Ashenkasesaid:

"Even if the bike wasn't stopping, he wasn't endangering anyone"

Speeding, multiple double yellow line passing, aggressive lane changes, high speed cornering. This guy WAS endangering others.

Some and I stress only some rocket jockeys are complete douches when it comes to overstepping the bounds which this guy WAS doing.

"so there was no reason to hit him"

I agree, the take down was ridiculous.

Barbarsays...

Something more must have happened to injure the guy. That kick clearly didn't break his collar bone as he can be seen using both arms, even going down into a sort of push up position. Furthermore it didn't land anywhere near his ribs, so I don't see how that could have broken them.
Feel like there must be more to this story.

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