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Cell phone video shows police beating of student
 
By Associated Press
Published: 10/25/2009  5:18 AM
Last Modified: 10/25/2009  5:18 AM


View the cell phone video of beating

SAN JOSE, Calif. — A cell phone video that shows police officers repeatedly hitting an unarmed university student with batons and a Taser gun has prompted a criminal investigation into the officers' conduct, a San Jose police spokesman said.

The video, posted by the San Jose Mercury News on its Web site late Saturday, shows one officer hitting 20-year-old Vietnamese student Phuong Ho with a metal baton more than 10 times, including once on the head. Another officer is seen using his Taser gun on the San Jose State math major.

The final baton strike in last month's incident appears to take place after handcuffs have been attached to Ho's wrists.

"It takes me back to the day I saw the Rodney King video on TV," said Roger Clark, a police expert and a retired lieutenant with the Los Angeles Sheriff's Department.

The last baton strike ought to bring a felony charge, Clark said.

Officers arrested Ho on suspicion of assaulting one of his roommates. He was not armed when police arrived and he told the newspaper he didn't resist arrest.

The confrontation began Sept. 3 when Ho's roommate, Jeremy Suftin, put soap on Ho's steak. The two scuffled, and Ho picked up a steak knife, saying that in his home country he would have killed Suftin for doing what he did.

Police were called, and four officers responded.

Officer Kenneth Siegel encountered Ho in the hallway, but couldn't understand the student's accent, police reports said. Ho then ignored a police command to stand still, reports said.

When Ho tried to follow Siegel into his room, officer Steven Payne Jr. moved to handcuff Ho. Payne wrote in his report that he pushed the student into a wall and then forced him to the floor when he resisted being handcuffed.

Ho, who weighs more than 200 lbs., said his glasses fell off. As he went to pick them up, the officers struck him, he said.

Another one of Ho's roommates, Dimitri Masouris, captured the events on his cell phone. An officer can be heard on the video shouting, "Turn over!" Ho can be heard moaning and crying as he's struck.

"In philosophy, they call it 'dehumanization,'" Ho told the Mercury News. "So when they think me a dangerous guy, they don't treat me like I was human. They hit me like an animal or something."

Masouris said he considered the police response excessive. He sold the tape to San Jose lawyer Duyen Hoang Nguyen, who is representing Ho.

The Mercury News obtained a copy of the video and showed it to Daniel Katz, San Jose's assistant police chief. The police department is taking the matter very seriously, he said.

The city's large Vietnamese-American community is already angry over the police shooting of a mentally ill Vietnamese man in May, the newspaper said in an editorial about Ho's beating. The lack of public disclosure in the investigation that followed was also a problem, the paper said.

Police experts said the grainy, shaky video is difficult to view and may not show actions by Ho that justified the officers' response. Nevertheless, several said the video raises serious concerns.

"Once he is handcuffed, then he is helpless," said Frank Jordan, a former San Francisco police chief and mayor. "If you can show that his hands are behind his back, and he is handcuffed, that is where you get brutality. That would be excessive force."

Siegel and Payne didn't respond to written requests for comment sent through department officials and their union.

By Associated Press

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Report Comment
olddude, tulsa (10/25/2009 8:09:24 AM)
Must be the highway patrol in california.
Report Comment
Cleetus Van Damme, (10/25/2009 8:36:49 AM)
He says his glasses just fell off then the police started beating him? Yokay
Report Comment
billy8, Sand Springs (10/25/2009 9:27:38 AM)
Give a man a gun and a badge and the power trip gets out of hand, "Power corrupts". This has been going on for decades, but with all the personal media that we have, it's becoming more exposed, so don't act so shocked. In the past you took the beating and nothing could be done, today, the cops gotta change their ways or end up in the joint too.
Report Comment
wildcat, Glenpool (10/25/2009 9:27:38 AM)
Actually Van Damme, it states that when he bent to pick his glasses up they hit him. After seeing the OHP events here, I don't doubt it. I know there are good cops, but there are tons of jerks in cop uniforms too. In every state.
Report Comment
Nickie, (10/25/2009 9:34:28 AM)
I hope they do.
Report Comment
flyingtheo, Broken Arrow (10/25/2009 9:46:11 AM)
Wow! Four officers with guns, tasers and batons against one unarmed man who was trying to pick up his glasses. Some real law enforcement heros out there in San Jose!
Report Comment
Mr. Brown, Could be anywhere (10/25/2009 9:47:06 AM)
Why is it so hard to just put your hands behind your back? It's better than being tased witless, or beaten like some pinata. You never know whether you're dealing with a good cop, or a violent control freak, until you're in the middle of a butt kicking,so the wise thing to do is to comply until things can be sorted out.
Report Comment
Ignatz, A nice place where Democrats hold every office in the County. (10/25/2009 9:57:10 AM)
That's right, Mr. Brown. However, some folks aren't used to having repeated encounters with police and foolishly expect them to always behave reasonably.
Report Comment
Have that, America (10/25/2009 10:00:47 AM)
Oh come now Ignatz...you cant possibly expect the police to treat people with reason and respect...thats asking WAY too much.
Report Comment
Flyer, Tulsa (10/25/2009 10:05:39 AM)
Do police go overboard sometimes? Yes. Do stupid people get what they deserve sometimes? Yes. The person who put soap on the steak should take a few hits from the baton for starting the whole mess.
Report Comment
Carlos, Tulsa (10/25/2009 10:16:06 AM)
Thank God for cell phone cameras! If they lose their jobs there, they can always come work for OHP. Here, they can beat and choke people all day long with impunity, cell phone camera or not.....
Report Comment
IrishQuaker, Tulsa (10/25/2009 10:22:34 AM)
Flyer, good point!

Remember the roommate row in Broken Arrow when one roommate beat the other with a harmonica?

I don't eat steak, but wouldn't like to have soap on my veggie stir fry.
Report Comment
007, Tulsa (10/25/2009 10:34:58 AM)
looks like these cops need to be working mall security.....but if not Im the OHP will hire them in a new york second.
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Whirled Peas, (10/25/2009 11:00:03 AM)
Amateur video doesnt expose bad apples,
it exposes bad departments.

Like the OHP/paramedic video a while back, corrupt departments always come to the aid of corrupt police.

Remember that next time Tulsa leaders tell you dashcams in police cars "are not a priority".
Report Comment
Whirled Peas, (10/25/2009 11:16:20 AM)
The video is on youtube.
Search qyistav_cjY
or Phuong Ho
Report Comment
CWG, Tulsa (10/25/2009 11:18:49 AM)
Always thought the excuse for not keeping dashcams was rather lame.
Report Comment
Bill Hader, Jenks (10/25/2009 11:27:19 AM)
OHP take note. People have cameras too. They will release those to the public to see unlike yourselves. Even after taking our tax dollars to purchase, run and maintain the equipment to do so. WE THE PUBLIC WILL NO LONGER STAND FOR POLICE BRUTALITY. We will fight back with the truth of video.
Report Comment
I'm Reliable, (10/25/2009 12:11:27 PM)
The police are wrong!! Hope there is a very good investigation and the officers are fired and prosecuted to the fullest!!!!!!!!!!!!!!!!!!!
Report Comment
Flyer, Tulsa (10/25/2009 1:26:53 PM)
The only time TPD wanted dashcams was when an officer was killed on duty. They never replaced them when they wore out. The county does not use them either. It is a major expense to install them and they work both ways....for and against the officer. It can make DUI prosecutions easy even if the drunk refuses all tests and they record conversations the arrestees have in car. There is also a small camera available that the officer wears so you see what the officer sees.
Report Comment
Few Clothes, America (10/25/2009 2:28:39 PM)
That's a very large Vietnamese. I second Mr. Browns
statement.
Report Comment
Whirled Peas, (10/25/2009 2:59:27 PM)
Flyer wrote: "The only time TPD wanted dashcams was when an officer was killed on duty. They never replaced them when they wore out."

They didnt "wear out" but were being abused to the point were the city could not repair them any longer.
Apparently there is no law against police sabotaging their own equipment.
Thank the union for that.
Report Comment
tulsa_common_sense, tulsa (10/25/2009 5:07:25 PM)
we allowed the cops to choose to use a dashcam or not. we had all units equiped but removed cause the officer didnt want it. said something about violating there rights or something if i remember. we have turned down federal money to install dash cams and pvt donations for dash cams cause of the police union. simple thing pass a law requiring dash cams. but in this case a dash cam would not have caught this ordeal. though i do believe we could come out with an open mic channel which would allow the entire thing to ve recorded audibly. just as with cockpit recorders the police should carry a recorder. and if i were a cop id carry one like most already do.
Report Comment
DaBirdman, (10/25/2009 6:57:58 PM)
Sweet! Maybe they can get a job with the Constables in Austin! Did y'all see 'em taserin' the great granny? Yeah, she did cuss at him and "dare" him to do it...but---c'mon folks. BTW the county settled with her, 40k, apparently she received an infection from the two prongs when he zapped her. I'm sure some cops really resent cell phone cameras and you tube!!
Report Comment
remarkable, (10/25/2009 10:39:49 PM)
I believe police officers need to take a psych exam every year of their anniversary or before promotion. PO abuse their powers. if no weapons are found on a person.. then what the hell are police officers doing causing mental anguish and physcial abuse., especially after a person is handcuffed. I think they need to get fired!! and what about the other kid. putting soap on the victim steak, he should be penalized or expelled from his university for provoking hate crime.
 

 
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