Friday, October 22, 2021

THE COP REIGN OF TERROR IN AMERICA - JULIO ALVARADO HAS BEEN NAMED IN MULTIPLE SUTIS AND HE'S STILL OUT THERE VICTIMIZING

 

Louisiana Deputy Who Slammed a Black Woman on the Pavement Was Named in Multiple Suits, Records Show

Julio Alvarado, a Jefferson Parish deputy who was seen on video violently dragging a woman by the hair, has been named in nine federal civil rights lawsuits, all involving the use of excessive force. This is the most of any deputy currently employed.

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A Louisiana Law Department That Polices Itself

This article was produced for ProPublica’s Local Reporting Network in partnership with WRKF, WWNO and The Times-Picayune/The New Orleans Advocate. Sign up for Dispatches to get stories like this one as soon as they are published.

A Jefferson Parish sheriff’s deputy with a long history of excessive-force complaints is the officer seen in a viral video on Sept. 20 slamming 34-year-old Shantel Arnold’s head repeatedly into the pavement with such force it ripped several braids from her scalp.

Multiple sources who have reviewed the video’s contents confirmed that the deputy was Julio Alvarado, a 16-year veteran of the Sheriff’s Office. Alvarado has been named in nine federal civil rights lawsuits, all involving the use of excessive force, the most of any deputy currently employed by the Sheriff’s Office. Two suits were settled, one of them involving the beating of a 14-year-old boy, and two are pending, with the remaining dismissed.

The Sheriff’s Office, in keeping with its usual policy, did not respond to a request to identify the deputy when asked Thursday. But the office has said it opened an internal probe into the deputy’s actions shortly after the incident, though Arnold did not file a complaint. That’s an action the Sheriff’s Office often does not take, even in cases where citizens complain about the inappropriate use of force.

The probe remains open. At the same time, the office issued a statement on Wednesday saying the video had been “selectively edited.” The statement asserted that Arnold was intoxicated and that she had been resisting arrest.

In that incident, Arnold was walking home around 2 p.m. when Alvarado pulled up in his vehicle and demanded she stop and talk to him, according to Arnold and two witnesses related to her, as well as their statements provided to a sheriff’s investigator. She told him that she had just been assaulted by several boys from the neighborhood and wanted to go home, and she continued walking. Arnold is 4-foot-8, about 100 pounds and is missing her left eye from a car accident.

According to the two witnesses, Lionel Gray, 71, whom Arnold considers her stepfather, and Arnold’s 55-year-old uncle, Tony Givens, Alvarado jumped out of his vehicle, grabbed Arnold and threw her to the ground, unprovoked. The 14-second video captures what happened next. It shows Alvarado dragging Arnold along the pavement. They briefly disappear behind a parked white vehicle. When they come back into view, Alvarado is holding Arnold by her braids, slamming her repeatedly onto the pavement. At one point, he whips her down so violently her body spins around and flips over.

The footage, which has sparked widespread condemnation both locally and nationally, ends as Alvarado crouches down and places a knee onto Arnold’s back. She was not charged with a crime and was later taken to a hospital. She said she required treatment for the injuries she sustained during the struggle with Alvarado.

The Sheriff’s Office said it had received a 911 call about a fight involving at least 25 people that afternoon. When Alvarado arrived on the scene, someone said Arnold had been involved in the fight, so he attempted to question her, but she refused to cooperate, according to the statement. Alvarado then tried to arrest her but she “pulled away.”

“When this resistance occurred, the video is clear, it shows him flipping her by her hair into a prone position onto her chest,” the Sheriff’s Office said.

The Sheriff’s Office also claims in its statement that Arnold admitted to being in a physical fight with “multiple parties” and that she was “intoxicated at the time of the incident.”

This is not, however, what Arnold said, according to transcripts of her interview with sheriff’s investigators, obtained by WWNO/WRKF and ProPublica. When asked whether she resisted, Arnold said to the investigator, “If you call asking what’s going on resisting.”

Gray and Givens also denied she resisted.

“She didn’t have a chance to pull away because, you know, this guy was strong,” Gray told investigators. “He grabbed her arm, and some kind of move he made, and she went down to the ground.”

Arnold also told the investigator multiple times that she was attacked by several boys and was forced to defend herself. She did not say she was intoxicated, only that she drank a “whole daiquiri.”

Alvarado has a history of excessive-force allegations. A 2016 lawsuit claimed Alvarado grabbed a 14-year-old Hispanic boy by the neck and “slammed his head against the ground and concrete” as the child was screaming, “Why are you doing this to me?” Alvarado then threatened to have the boy and his family deported, according to the suit. The Sheriff’s Office, in court filings, said that Alvarado’s actions were “reasonable under the circumstances.” The case settled for $15,000.

Two years later, a lawsuit claimed Alvarado and three deputies beat Atdner Casco, a Honduran native, and stole more than $2,000 from him during a traffic stop, then conspired to have him deported. That suit was settled on the Tuesday before Thanksgiving last year for $50,000.

One of Casco’s attorneys, Kenneth Bordes, said Thursday that he believed the plaintiff had a case worth much more. “I was fully prepared and ready to take it to trial and tell Mr. Casco’s story if that is what he desired,” said Bordes, who represented Casco along with Casey Denson and Casey Cowley.

But, Bordes added, Casco’s decision to settle “was made in consultation with his family.”

The Sheriff’s Office fired Detective George Kister after he failed a polygraph test when asked whether he stole Casco’s money, according to documents provided by the Sheriff’s Office. The Sheriff’s Office cited a policy mandating truthfulness from deputies. He was never arrested or charged with a crime, and the money was never returned.

Casco claimed Alvarado beat and choked him until he agreed to keep silent about being robbed. He also alleged that Kister and Alvarado brought him to his daughter’s school in handcuffs, paraded him in front of the campus and told him the state Department of Children and Family Services would be given custody of the girl.

At the time of the purported brutality, Alvarado’s rank was sergeant and he was detailed to Operation Stonegarden, a federal program that provides funding to local law enforcement agencies to cover expenses, such as overtime or travel costs, in exchange for cooperation in identifying undocumented people for deportation. Alvarado denied he used force against Casco, and other deputies present that day told investigators they did not see him hurt Casco.

Alvarado is also named in two pending lawsuits, including one filed by the family of Leo Brooks, who was shot to death by deputies in 2019. The Sheriff’s Office claims Brooks was reaching for a gun during a drug raid, while Brooks’ family says he was handcuffed and lying face down on a bed when deputies shot him. Alvarado was part of the raid but not named as the shooter in the lawsuit, which lists five additional deputies as defendants.

Alvarado is one of more than 20 sheriff’s deputies accused in a 2017 lawsuit of beating Jerman Neveaux during his arrest for the shooting death of 50-year-old Deputy David Michel Jr. Initially, after video taken by a witness showed deputies punching him repeatedly, the Sheriff’s Office released an undated mug shot of Neveaux, saying only that it had come from his criminal record.

Neveaux’s mug shot from immediately after his arrest in Michel’s killing surfaced in the excessive-force lawsuit that he filed some 11 months later. That image showed Neveaux’s battered face swollen and covered in blood.

The suit alleges he suffered nerve damage, disfigurement and partial blindness in his right eye. The Sheriff’s Office, at the time, said Neveaux was in possession of a gun and denied claims of excessive force. The lawsuit doesn’t specify Alvarado’s alleged role in the beating.

Of the lawsuits against Alvarado that were dismissed, one was thrown out because the plaintiff pleaded guilty to resisting arrest, which by law bars a person from seeking civil damages. Another suit, involving a man suffering from mental health issues who died while being restrained, was dismissed because it couldn’t be proven that the use of force was excessive. The court wrote there is a “hazy border between excessive and acceptable force.” The others were dismissed because of qualified immunity and procedural issues.

In January 2020, Alvarado was demoted from sergeant to deputy, according to his personnel profile, which does not include a reason for the demotion.

The ACLU of Louisiana, which has called on federal prosecutors to launch an investigation into the Sheriff’s Office, said the continued employment of Alvarado, despite his history of excessive force claims, is part of a troubling pattern.

“We are talking about a police agency that is fully on notice that it is employing officers who engage in this type of misconduct, and yet knowingly and willfully turns a blind eye to that conduct, which means that civilians’ lives are put in harm's way,” legal director Nora Ahmed said. “And that is exactly what happened to Ms. Arnold.”

Three Children Attacked a Black Woman. A Sheriff’s Deputy Arrived — and Beat Her More.

Black residents of Louisiana’s Jefferson Parish have long accused the Sheriff’s Office of targeting them. A new video, which shows a deputy slamming a Black woman’s head into the ground, raises more questions.

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A Louisiana Law Department That Polices Itself

This article was produced for ProPublica’s Local Reporting Network in partnership with WRKF and WWNO, and it was also co-published with The Times-Picayune/The New Orleans Advocate. Sign up for Dispatches to get stories like this one as soon as they are published.

The Jefferson Parish Sheriff’s Office is investigating a deputy accused of holding a Black woman by her hair and slamming her head repeatedly into the pavement with such force that a witness to the Sept. 20 incident said it ripped several of Shantel Arnold’s braids from her scalp. A 14-second video captured the incident in the New Orleans suburb where, for decades, Black residents have accused the Sheriff’s Office of targeting them.

It was the second time that hour that Arnold had been assaulted. By the time the deputies arrived, she said she had already fended off an attack by some local boys.

In an interview, the 34-year-old Arnold, who has not been previously identified, told the news organizations she had needed the police’s protection. But protection is not what she got.

The video begins with a sheriff’s deputy seen holding the wrist of Arnold, who is lying on her back on the sidewalk. The deputy appears to be dragging her along the pavement. The deputy then grabs Arnold’s arm with his other hand and jerks her upward, lifting her body off the ground. They briefly disappear behind a parked white vehicle. When they come back into view, the deputy is holding Arnold by her braids, slamming her repeatedly onto the cement. At one point, he whips her down so violently her body spins around and flips over.

The footage ends as the deputy crouches down and places a knee onto Arnold’s back.

In this case, the Sheriff’s Office is conducting an internal affairs investigation into the incident, something it has not done in some similar cases, according to court records. ProPublica and WWNO/WRKF were able to confirm the probe because Arnold, who did not file an official complaint, and her relatives have transcripts of their interviews with investigators. But Sheriff Joe Lopinto did not immediately respond to requests for comment on the incident itself or his department’s response to it.

For decades, members of the Black community have accused the Sheriff’s Office of using excessive force against them, making false arrests and failing to rein in abusive deputies. Last month, a story published by WWNO/WRKF and ProPublica revealed stark racial disparities in shootings by deputies and systemic problems with transparency and accountability.

The investigation found that more than 70% of the people deputies shot at during the past eight years were Black, more than double the parish’s Black population. In addition, 12 of the 16 people who died after being shot or restrained by deputies during that time were Black men. The investigation also found that the Sheriff’s Office could not account for how often its deputies use force or how many complaints civilians lodged against its employees.

Lopinto previously declined to be interviewed about the news organizations’ findings, saying only that when his deputies commit serious misconduct, they are arrested; he also noted that at least nine deputies, in a department of about 760 deputies, had been booked since he became sheriff in 2017.

Following the story, the ACLU of Louisiana called on federal prosecutors to launch an investigation into the Sheriff’s Office.

Arnold’s case raises many of those same issues. The evidence — based on interviews with the victim and the two witnesses, statements they provided to the sheriff’s internal affairs division and the video — makes clear that something went very wrong when a citizen of Jefferson Parish needed help.

The incident started around 2 p.m. on Sept. 20 when Arnold was attacked by three boys as she was walking down the street near her family’s trailer home. At 4-foot-8 and about 100 pounds, her left eye missing from a car accident years earlier, Arnold regularly made an easy target for the neighborhood bullies, her family said.

During the attack, which lasted several minutes and was captured in a cellphone video, the boys slammed Arnold to the ground and beat her while a crowd watched and laughed. She tried to defend herself with a stick, which is visible in the video. The assault ended only after 71-year-old Lionel Gray, whom Arnold considers her stepfather, chased the boys away.

Disheveled and covered in dirt, Arnold stumbled down the road toward her home when an unidentified sheriff’s deputy rolled up beside her in his patrol car.

In the transcript of her interview with an internal affairs investigator, Arnold says: “I’m on my way home. I ain’t make it all the way to the block, the police come out of nowhere, swarming, getting me like, ‘Come here.’ I’m like, ‘What’s going on? I just got beat up by two children, what ya’ll doing?’”

Arnold said the deputy demanded she stop and talk to him. She told him that she had just been assaulted and wanted to go home, and she continued walking.

According to Gray and another witness, Arnold’s 55-year-old uncle, Tony Givens, the officer jumped out of his vehicle, grabbed Arnold and threw her to the ground, unprovoked. Gray and Givens were standing at the foot of the family’s driveway, about 20 feet away.

In an interview with the internal affairs investigator, Gray said that Arnold didn’t pull away. “She didn’t have a chance to pull away because, you know, this guy was strong. He grabbed her arm, and some kind of move he made, and she went down to the ground. ... So I was walking up to him and he told me, ‘If you come any closer I’m going to kick everybody’s ass out here.’ So, I said ... ‘you don’t have to use that type of force on that little woman right there, she’s a midget.’”

What happened next was picked up on a video shared on social media and viewed more than 130,000 times. It is unclear who took the video, which is the only footage of the incident to have surfaced; the Sheriff’s Office remains one of the few large law enforcement agencies across the country that does not use body cameras. This week, however, the Sheriff’s Office announced that it had signed an $8.7 million contract for 500 body cameras that would be deployed by December.

Lopinto said that the contract had been signed in June, “well before any of these articles that were written,” and that he didn’t say anything publicly because “really nobody has asked me. It’s not like I denied it,” he said.

WWNO/WRKF and ProPublica sent the Sheriff’s Office an email on July 29 specifically asking about the fact that the office had not yet adopted body cameras. The Sheriff’s Office did not respond to that email, five follow-up emails and multiple voicemail messages, texts and a certified letter.

Arnold told investigators with the Sheriff's Office that it was not the boys but the deputy who caused her injuries, which included bruises and scratches across her body, a busted lip and recurring headaches. Deputies on the scene called an ambulance, which took Arnold to a local hospital. She was not charged with a crime.

Alanah Odoms, executive director of the ACLU of Louisiana, said the video of Arnold and the deputy was “yet another testament to the shocking frequency that JPSO targets and brutalizes innocent, unarmed members of the Black community.”

Sam Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha, called the deputy’s actions in the video “outrageous” and questioned whether the Sheriff’s Office properly trains its deputies in control tactics or de-escalation techniques.

“There are essentially two answers here. One is they do, and he ignored his training,” Walker said. “Or answer No. 2 is no, they don’t, which is to say their training program is completely unacceptable. So, it’s either him or the organization.”

The video of Arnold and the deputy also raises new questions about the Sheriff’s Office use-of-force policy, which activists and critics have assailed as vague and insufficient.

They have also said that the department lacks transparency around use-of-force incidents. According to the news investigation published last month, the Jefferson Parish Sheriff’s Office was unable to produce any documents related to non-shooting use-of-force incidents. The research organization Police Scorecard Project made a similar request for data on use-of-force incidents; the Sheriff’s Office responded by saying those records don’t exist.

Shortly after Arnold had been taken to a hospital by ambulance, her sister, Mercedes, arrived on the scene. Mercedes, 32, said the deputy accused of attacking her sister was still present and tried to convince her to call the coroner to have Arnold committed to a hospital for mental health problems. She refused.

“He was just trying to cover up what he did by saying my sister is crazy,” she said.

In the following days and weeks, Mercedes and multiple family members said, the same deputy has rolled by their house multiple times in what she believes to be an attempt to intimidate them. But she said she and her family are not afraid and will continue to speak up until the Sheriff’s Office holds its deputies accountable.

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