TV news photographer keeps camera rolling during scuffle with police officer

by nukemdomis | June 1, 2008 at 10:17 am
1138 views | 38 Recommendations | 24 comments

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TV news photographer keeps camera rolling during scuffle with police officer

TV news photographer keeps camera rolling during scuffle with police officer

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uploaded by nukemdomis

An Eyewitness News 4 photographer was cuffed and cited Thursday morning for disobeying a police officer. It was a situation where the photographer was trying to do his job. And now the Albuquerque Police Department is reviewing the tape to see if the officer crossed the line.

The photographer was told that he had to go to a media staging area,but he claims the officer wouldn’t tell him where that was, so he just moved back

Video of the incident shows one of the officers walking away, looking at the photographer, and then walking out of frame while the other officer drives away from the scene. The photographer then began to put his camera in the news vehicle to move to the media staging area when the officer begins circling around. 

“I’m not putting the camera down until (inaudible),” the photographer told the officer as he was approached.



Raw Video: Watch the raw video of a confrontation early Thursday morning between an Albuquerque police officer and a KOB Eyewitness News 4 photographer

Initially, I'd first saw this story over at Digg.com where the story was getting a massive amount of attention.  So far over 650 people have taken the time to post a comment or give their take on this story.  It's interesting to hear what people have to say about this so here's a few of those comments.

Why are cops always afraid of being filmed? If they've got nothing to hide, what are they hiding? Here's the thing, the 6th amendment guarantees your right to collect evidence for you defense in a fair trial. That means you must be allowed to record/document all of your encounters with the police. And the 1st amendment guarantees freedom of the press, to post this on youtube.


 
He circled him like a jackal. The cop had the look of a predator right before he went for him.



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michelle.sundvick
michelle.sundvick
flagged this story as Good Stuff

at 10:34 on June 1st, 2008

nukemdomis, I like this story. It's good stuff.

Mike Wood
Mike Wood
flagged this story as Good Stuff

at 10:40 on June 1st, 2008

nukemdomis, I like this story. It's good stuff.

0
nukemdomis

That cop did look pretty angry when he pounced the photographer all of the sudden.

everchanging
everchanging
flagged this story as Good Stuff

at 12:20 on June 1st, 2008

nukemdomis, oh my is this not assault on a citizen?

0
PEP

A comment: the original article was produced by the TV station whose photog got into trouble, so of course it's slanted.


After reading it and seeing that the "incident" was a case where cops and a suspect exchanged gunfire, I think that more needs to come out in this story. Yes, adrenaline is high when you're a cop and being shot at, and having to shoot back. Very high.

Also, cops need to make sure civilians are cleared out of an area where they think there's a possibility of others--especially if it's a known gang area--deciding to support one of "their people." So it's a safety issue, too.


I haven't reviewed the film yet, but overall I hope that everyone takes into account all the factors. These situations usually aren't just about cops "picking on" people. And media --I've been there--of course try to "push the line", get just a few feet closer, or a few more seconds or couple of minutes of tape. The rule is: when a cop, especially when there's been a gun battle, tells you to move, you MOVE. Right then.

As for predatory, photogs and media are predatory. It's the nature of the beast. If you're not predatory, you don't get the good stuff.

0
nukemdomis

You should have a look at the video clip.

There is no threat towards the officer at any time.  The guy is holding a bulky camera, not a gun or a dildo.  He looks like some wild pit bull dog as he circles the camera man and then suddenly goes after him.


These situations usually aren't just about cops "picking on" people.
And media --I've been there--of course try to "push the line", get just
a few feet closer, or a few more seconds or couple of minutes of tape.

Majority of the time that is case and those who try to "catch a rise" or "push the line"  when it comes to an officers patience really annoy me.  In this story that doesn't seem to be the case.

0
PEP

My second comment is after I looked at the video. I think they were both at fault. But I think the photog triggered it.


The cop needs time off the street and guidance from above (that's the polite way of saying someone needs to get on his backside, hard!). The photog needs guidance from above, too.

And I'd sure like to know more. Why was the rest of the media gone? Had the photog been asked or told to move before this? How many times was he asked to move? I don't think this is as simple or isolated as it seems. But that's just my opinion. We don't have all the facts.

0
PEP

One problem with that video: there's no context. The text with it says: "Watch the raw video of a confrontation early Thursday morning between
an Albuquerque police officer and a KOB Eyewitness News 4 photographer."


We don't know how many times the photog was told to move prior to this. It's clear that up at the police car, the officer was told to go tell the photog to move. The cop was obeying his orders.

The photog challenged the officer. That "I want your name and badget number" was an escalation, and the officer knew it. Then he went to his fake "oh thank you officer--his voice dripped with being condescending."

So the photog was wrong on some things. And we don't know if he was asked before to move. The cop wasn't circling like a shark, he was trying to figure out what to do. The photog made it personal. He should have put down his camera when first asked to move. We still don't know--was anyone killed in this gun battle? Or hurt?

Cops are human, and when adrenaline flows, it flows. I think the photog was trying to push his limits. Notice that everyone else is gone, no other media in the area. I'm not buying that he didn't know where to go. The media talk about it as they break up and move.

I suspect that this photog overstayed, knew he had, and then was deliberately confrontational.  The thing about "I'm not putting down my camera until..." was in effect a declaration of war. You put down the camera when the cop tells you to, especially in dangerous situations.

Primary offender: photog. Cop--did he over-react? Maybe. Let's learn the entire context. The cop needed backup, sometimes two heads are calmer than one, plus it means that the photog wouldn't have been able to make it so personal. Also, people are less likely to provoke two cops at a time.

Photog needs intense guidance from above, unless his TV station just wants to do anti-cop and photog victimology. Cop needs guidance from above, and next time, backup.

Just my opinion. And yes, at that point, when the photog was playing games rather than putting down his camera and moving, he was interfering with a police investigation, legally.

PEP
PEP
flagged this story as Good Stuff

at 12:37 on June 1st, 2008

nukemdomis, I like this story. It's good stuff.

0
PEP

Interesting! Even in their story, the TV station doesn't identify the photographer--no name is cited. What happened to the five W's? If a suspect had been arrested, or a street situation had gone down, wouldn't they have named names?


Sure thing. Also indicted (by PEP): the TV station for not being fully honest and transparent. They need to name the photog. It was a public situation, and it's a matter of public record.


0
PEP

The photog's name is Rick Foley. I got that from the ABQ Journal.

0
nukemdomis


"The photog's name is Rick Foley. I got that from the ABQ Journal."

Right on thanks for the extra information.



"The cop needs time off the street and guidance from above (that's the
polite way of saying someone needs to get on his backside, hard!). The
photog needs guidance from above, too."

Very well put.  The cop needs to go out and get a hot rock massage or something.  As for Mr. Foley, well he needs to just put that camera away when there's nothing worth filming.



Just my opinion. And yes, at that point, when the photog was playing
games rather than putting down his camera and moving, he was
interfering with a police investigation, legally.

I'm sure I'm not the only one who'll appreciate you 'laying all out' for us so that we can better understand exactly what happened.

0
PEP

And thank you. This has been a fascinating topic.

0
PEP

I got this from a topix forum, filed by "ABQ Citizen." This provides fuller detail and more context.


There was an armed shooter in the area, according to this. Cops were searching for him. They were trying to find him and also keep civilians out of harm's way.

This poster has a good point: the photog hitting the cop with the camera lights  lit up the cop, giving someone a clear shot if they wanted it. Bad, bad move. Has anyone else ever been under those lights? I have. The photog effectively painted a well-lit "shoot here" target zone for an armed suspect who had already fired at police.

********


§ 12-2-19 RESISTING, OBSTRUCTING OR REFUSING TO OBEY AN OFFICER.
Resisting, obstructing or refusing to obey an officer consists of either:

(A)
Knowingly obstructing, resisting or opposing any officer of this state
or any other duly authorized person serving or attempting to serve or
execute any process or any rule or order of any of the courts of this
state or any other judicial writ or process; or

(B) Resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties; or

(C)
Refusing to obey or comply with any lawful process or order given by
any police officer acting in the lawful discharge of his duties; or

(D) Interfering with, obstructing or opposing any officer in the lawful discharge of his regular and affixed duties.

__________

Very simply
-Traffic Stop
-Suspect exits vehicl and fires handgun at officers
-Officers return fire
-Suspect is hit, but still mobile
-Suspect runs and hides in the nearby neighborhood
-Officers set up a perimeter to contain the already violent suspect, armed with a handgun
-Channel 4 Cameraman (with full access to a police scanner) arrives on scene and is advised to back away from the perimeter
-Cameraman
becomes confrontational, distracting the officer from his primary job
responsibility of assisting to contain an armed suspect, and is given a
lawful order to leave the vicinity
-Cameraman demands the location
of the media staging area (information he could obtain himself by
calling 242-COPS and requesting the information).
-Officer does not immediately know, but returns to the patrol unit to obtain the information for the Cameraman.
-Officer provides location to the Cameraman and issues an additional lawful order for the Cameraman to leave immediately.
-Cameraman continues to argue with the officer, distracting the Officer with the camera light.
-Officers contacts the on-scene supervisor on the radio and advises of the issue.
-Supervisor advises Officer to remove the Cameraman
-Officer
returns and issues a final lawful order for the Cameraman to put his
camera away and leave,(KOB video clip begins here) yet the Cameraman
continues to engage the officer in dialogue, continuing to backlight
the officer toward the armed suspect.
-Officer tells the cameraman to turn of the camera and put it down.
-Cameraman
refuses to obey and is wrestled (not beaten as keeps popping up on this
page) into custody, using hands only, no chemical or electrical less
lethal methods.(KOB Video Clip ends here)
-Cameraman is placed in handcuffs temporarily until a misdemeanor citation is completed.
-Cameraman is un-cuffed and signs the citation.
-Cameraman leaves the scene.

Things to keep in mind...
-Armed
gunman is still outstanding...this suspect has already fired rounds at
police officers and it is later determined that the suspect has an
outstanding warrant for homicide. Deputy McGrane sound familiar?
-The
police cars in the background of the video shot are the opposite side
of the perimeter, placing the officer and cameraman within 1 city block
of the center of the perimeter.
-The officers are held liable for
what happens within a scene. If shots are fired, citizen is struck, the
liability falls on the officer if they had a resonable opportunity to
procure the safety of the citizen. The reason for having citizens stay
inside of their houses in the area as well, minimizing the risk to the
community, while maximizing limited resources to accomplish the task at
hand in a timely manners, without having to waste resources doing crowd
control.

This "raw video" has apparently been edited prior to
being published. I would expect the preceeding 10 minutes and the
following 10 minutes for it to be considered "raw".


0
ekavet

It's called the Rodney King Syndrome.

0
PEP

Anyone know what happened to Rodney King's passenger?

0
nukemdomis

Here's a start...


Rodney King - Wikipedia, the free encyclopedia


0
PEP

Good link, thanks. Short form: Rodney King's passenger complied with officers and was arrested without incident.

Barry ORegan
Barry ORegan
flagged this story as Good Stuff

at 15:21 on June 1st, 2008

nukemdomis,  Good stuff. As always

Rhonda J Mangus
Rhonda J Mangus
flagged this story as Good Stuff

at 16:14 on June 1st, 2008

nukemdomis, I like this story. It's good stuff.

Karen Hatter
Karen Hatter
flagged this story as Good Stuff

at 16:59 on June 1st, 2008

Nukemdomis, I like this story. It's good stuff.

0
JTshockley

good story mate

0
nukemdomis

Thanks JT

sweet east pearl
sweet east pearl
flagged this story as Good Stuff

at 18:16 on June 4th, 2008

nukemdomis, I like this story. It's good stuff.

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