Soldier arrested in Peoria, IL for disorderly conduct

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tyme

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http://www.pjstar.com/news/topnews/b1tv3qsr053.html

PEORIA - Army Spc. DeMarcus McNeil called the profanities he lobbed at a man demanding he turn over his camcorder during a fight at a high school basketball game Friday night a reaction.

He didn't realize he had just cussed out Peoria Police Chief John Stenson.

...
Stenson, dressed in plain clothes, was watching the game when he received a call from a sergeant who said there was concern from District 150 officials that a fight was going to break out.

...
During his two-week furlough from the conflict in Iraq, McNeil's camcorder had been glued to his hand. McNeil, a specialist in the HHC-11-37 AR Support Platoon, planned to show fellow soldiers highlights of his visit home.

"He takes that video camera everywhere," said his mother, Dionne Causey.

During the melee, McNeil kept his camera rolling.

"Some students at the school began to fight and I stood there a distance away videotaping it," he said. "As I was leaving, a man grabbed me by the arm and said, 'Give me that camera.'

"I said, 'Hell no, I'm not going to give you my camera.' I cussed him out because I didn't know who he was."

When a uniformed officer approached

McNeil and the man who had grabbed him and asked, "What's the problem, chief?" McNeil knew he was in trouble, he said.

Stenson said he had "grabbed him from the front. The police told him to move. Did he think I was making a citizen's arrest?"

Two officers handcuffed McNeil and took him to a wall where arrested students were sitting.

...
Stenson said soldier or not, McNeil was in the middle of the fight, was told to move by uniformed police and did not.

"When you tell everybody to get away so that officers can make the arrests, we want them to leave," Stenson said. "It doesn't have anything to do with being in the Army. We wanted the place cleared out."

...
McNeil's mother said if Stenson had identified himself, her son's arrest could have been avoided.

"Not everybody knows Chief Stenson," Causey said. "I really feel like he owes my son an apology."

Stenson was not quick to offer one.

"Look, I give the guy the benefit of the doubt. I just charged him with disorderly conduct," he said. "I didn't charge him with a greater charge of resisting police. We gave the guy a break."


So he doesn't comply with a request to leave, but is only arrested for that after he refuses to give his videocam to an ununiformed, unidentified person? And when he's allegedly on his way out the door? How disorderly could he have been if he was carrying an unbroken camera?

"...didn't charge him with... resisting police. We gave the guy a break." Doesn't resisting police require some physical resistance?
 
So what if you arrest him for anything, Chief Wiggum? You don't make the decision, the State's Attorney does.:rolleyes:

Disorderly conduct? Hmmm, depends on how Illinois defines it.

Resisting? Depends on how Illinois defines it. Here requires some sort of physical violence for actus reus.

Sounds like a screwed up situtation and when that happens everyone goes to jail for DC or PI.:D
 
IL Statute on Disorderly Conduct

(720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT

(720 ILCS 5/26‑1) (from Ch. 38, par. 26‑1)
Sec. 26‑1. Elements of the Offense.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the peace; or
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or
(5) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
(6) While acting as a collection agency as defined
in the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing Home Care Act; or
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician‑ambulance or emergency medical technician‑paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
(12) Calls the number "911" for the purpose of
making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5), (a)(11), or (a)(12) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7), (a)(11), or (a)(12) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
(Source: P.A. 92‑16, eff. 6‑28‑01; 92‑502, eff. 12‑19‑01; 93‑431, eff. 8‑5‑03.)
 
I hope he has the resolve and the finances to challenge this charge. Some day one of the investigators for a ccw permit will find a charge of disorderly conduct in his record, and decide he is a hothead.
 
Disorderly act?

A civilian accosts you and demands your camera. He fails to identify himself as a police officer too. Armed robbery perhaps? Would it not be reasonable for the camera man to tell the other fellow to get lost?

I think the Chief has a very weak case (and that the Chief is screwed up. He should have identified himself and politely ask for the tape, explaining that it contains evidence that would be useful).
 
This reminds me of the story a few weeks ago where a young guy in a NYC restaurant cussed out an older guy and got blown away for his problems.

There was no reason to use "soldier's language" in a high school gym. Bad enough that a schoolyard fight erupts and an adult has to add to the mayhem.

Three rules for general social contacts:

1. Be courteous to everyone.
2. Be especially respectful to older people.
3. Don't get into a fight with someone you don't know.
 
Stetson said, "grabbed him from the front. The police told him to move."

So, who told him to move? Stetson who grabbed him from the front and was in civilian garb and failed to properly identify himself? If a uniformed police officer came along and told him to move, then yes, the soldier could be in trouble. But an plainclothes who fails to ID himself gives no legal obligation to comply.
 
A civilian accosts you and demands your camera. He fails to identify himself as a police officer too. Armed robbery perhaps? Would it not be reasonable for the camera man to tell the other fellow to get lost?

Note that the chief said he grabbed the guy with the camcorder as well. So IF the chief didn't identify himself as a LEO to start with, it is hard to fault the soldier for cussing him out. If anything, the soldier exercised considerable restraint; if some stranger grabs me and starts making demands, I'd probably hit him. Hard.
 
Cases similiar to this of deliberate acts of jackassery by the police seem to be on the rise. If the wise Chief didn't identify himself he is at fault, period. Good luck getting him to admit it. Shame. It could cost that soldier rank, money and put a black mark on his record if his unit decides to punish him.

If it happened as reported (and that isn't always the case) situations like this make it tougher and tougher to defend the police.

I wasn't there so it is hard to pass judgement, but I've been there when the Peoria Police pulled similar moves so it carries some credence in my mind.
 
There was no reason to use "soldier's language" in a high school gym. Bad enough that a schoolyard fight erupts and an adult has to add to the mayhem.

Uhm.... language would have been the least of my worries when someone I don't know grabs me and demands my camera.

To hell with these guys. The soldier shouldn't have been attacked. If I was him, I'd be seeking charges against the chief for assault.


James
 
Seems plain to me, it all depends on whether or not

the Chief asserted Police identity and authority before grabbing the guy.




Of course, it WAS a sports event, and my own prejudice would incline toward the slow hanging, or boiling in oil, or impalement, or breaking on the wheel,of everyone within a mile of that silly ball game.




Well, not everyone thinks as I do, and I reckon that's a good thing. (Takes all kinds, etc.)



I'll admit that there are some good people who get a charge from playing ball games,but they seem to be overpowered and outshouted, if not outnumbered, by the rowdy yahoos who don't even play the game, but just watch other people do so, get all excited, and then start fights in the bleachers and the parking lot.



Edit & P.S. Weren't there similar things happening in Byzantium, when folks got all exercised about the Greens, or the Blues, or whichever chariot-racing hero was ahead in the standings that week? Was there not a very nasty riot, started by sports ani, which bade fair to destroy the polity? Was said riot not put down by soldiers who had been exercising with weapons, not sports equipment?
 
About him cussing out the officer... I bet the kids were using even more foul language during the game and fight.
 
Wouldn't it be funny if the camcorder was recording? Even if it didn't have Chiefy grabbing the soljer, the sound. "Gimme that camera!" :) If such is the case, the District Attorney won't bother to press charges and the soljer and the city will be discussing an out of court settlement. :D
 
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