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NEWS > 14 April 2010

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 Article sourced from

Ethics in Policing<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
Daily Californian
14 April 2010
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Ethics in Policing

Police Misconduct Allegations

Allegations of police misconduct surround the arrest of a UC Berkeley student early Sunday morning at the scene of a Southside car crash involving a Berkeley Police Department patrol car.

UC Berkeley junior Evan Cox was arrested for failing to comply with police orders to move away from the crashed civilian vehicle, which had collided with the patrol car after running a red light at the intersection of Telegraph Avenue and Haste Street at around 1:20 a.m., according to a police report.

Cox said he was walking home on Telegraph with a few friends when he heard the collision and arrived at the scene before police.

After police arrived, Berkeley police Sgt. Peter Hong attempted to move Cox's friend, UC Berkeley senior Gabriella Calvo, away from the scene. Cox then moved between the two, according to the report.

"I was just being a calm, helpful observer," Cox said. "I wasn't trying to escalate any drama. (Hong) was the one who came up and introduced tension into the situation."

Hong said he then pushed Cox, who then ran westbound on Haste.

One UCPD officer and one other Berkeley police officer ran after Cox and handcuffed him on the ground, Hong said.

In contrast to the report, Cox said he did not hear Hong's order to step away from the vehicle and said he was just trying to protect Calvo by putting his hand in between her and Hong.

Cox said after he turned his back to Hong and started walking away with Calvo, Hong grabbed his arm and then he ran.

"I was scared initially when he grabbed me from behind," Cox said. "That's why I ran, but then I realized I have nothing to be scared of. He didn't have any right to do what he did ... regardless of whether he is an officer or not."

UC Berkeley junior Christina Flores, who witnessed the arrest, said Cox did nothing wrong because he had "acted on his instincts." She added that she is worried about the safety of other students.

"We really need to do something about this police brutality," said Flores, a history major. "That could have been me. It could have been anybody, really."

Berkeley police Sgt. Mary Kusmiss said the use of some amount of force is a way to get situations under control.

"Often times officers have to respond swiftly to situations like this to either preserve a crime scene or ensure community safety," Kusmiss said. "Crowd control situations where officers are met with an ugly or hostile crowd are some of the most dangerous and unpredictable situations."

After his arrest, Cox was transported to the Berkeley City Jail where he was held until 6:24 a.m. Sunday, according to Kusmiss.

Kusmiss said Cox was cited for three misdemeanors-battery on a police officer, obstructing a police officer and disturbing the peace-and released without a bail.

Kusmiss said Cox allegedly disturbed the peace based on the perception of the victim�-who in this case was a public officer-that Cox was trying to start a fight. Cox's squared stance is what prompted Hong to act with force, police reports said.

She added that the department takes any allegations of police misconduct seriously and wants to correct any behavior that community members feel is inappropriate.

"One of our core departmental values is to treat people with respect wherever possible," Kusmiss said.
 

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