The appearance of excessive force in the apprehension of San Jose State University student Phuong Ho, recorded by a another student with a cell phone, has elicited responses from lawyers and local media alike.
According to Glenn Miller, one of the lawyers representing Ho in court on Nov. 16, the cell phone video released to the San Jose Mercury News leaves no question that the officers involved in the incident utilized excessive force to arrest Ho. Four officers apprehended Ho, who was repeatedly struck with a baton and shocked with a taser. Ho suffered injuries to his head, shoulders, and knees.
“There were four officers present with a guy who is 5 feet 8 inches tall, and because he moves one foot he gets punched to the ground,” said Miller. “One of the officers in the video leans against the wall like he’s got a Starbucks in his hand watching the game, then he reaches down and tases the guy.”
The officers in question were taking Ho into custody for brandishing a knife at a roommate, said Miller.
In an interview with Sean Webby of the Mercury News, Ho explains that the arrest escalated into violence when he reached for his glasses because he was having trouble seeing.
Originally, Ho faced charges for brandishing a deadly weapon, battery and resisting arrest. The battery charge was dropped and Miller is confident the other two charges will be dropped as well.
A press release from the San Jose Police Department filed on Oct. 25 asserts that officers arriving on the scene had difficulty getting the suspect to cooperate. The press release also says the incident has sparked an Internal Affairs investigation. The District Attorney’s office will review the case to determine whether any action is required.
The report also mentions a new program that would require some officers to monitor their arrests. “The Department is in the process of embarking on a pilot program in which a test group of officers will be equipped with a device that employs new technology, allowing them to capture both video and audio recordings of their actions in the field. This small device is worn on their person. This program will make the Department the first police agency in the nation to test these new devices,” the report says.
The SJSU Police Department, which initially responded to the incident, was not involved in Ho’s altercation.
A student protest has been organized in response to the event, and a petition is circulating in support of Ho, according to The Spartan Daily.
Chief of District Police Ron Levine cites two incidents of resisting arrest on De Anza’s campus this past year. The first was a domestic violence case in which the suspect ran and was pursued by officers on foot and apprehended. The second case was when a suspect making bomb threats on campus attempted to resist arrest using a broken golf club. Officers had to physically separate him from the makeshift weapon and he was also successfully arrested.
Foothill-De Anza District Police are equipped differently from the officers who arrested Ho.
“District police officers carry batons, [pepper] spray and firearms. Our officers are also equipped with non-lethal munitions, commonly known as beanbag guns. We do not currently carry tasers,” said Levine.
“In diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force,” according to the U.S. Commission on Civil Rights.
Levine explains that incidents of police use of force are sometimes misunderstood or difficult to define.
“In dozens of studies of police use of force there is no single, accepted definition among researchers, analysts or police.
International Association of Chiefs of Police also identified five components of force: physical, chemical, electronic, impact and firearm. To some people the mere presence of a police officer can be intimidating and seen as a use of force,” said Levine.
For further information on the policies, visit: http://www.foothill.edu/police.
