I am facing three criminal charges for exercising my first amendment right and speaking out against police misconduct towards a 67 year old disabled woman, during a left turn violation traffic stop in Parker, Arizona.
As a teacher, I do not have the funds to hire an attorney or the flexibility to have a "record".
In 1987, the U.S. Supreme Court gave us this wonderful quote:
"The freedom of individuals to verbally oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state." [Texas vs. Hill, Houston, 1987]
Thank you in advance for helping me pay my legal fees and sharing my story!
In Gratitude,
Diesa Eléonore
Full Story
On Saturday after noon, July 4th, 2015, I witnessed an officer in Parker, Arizona abuse his power, act aggressively, disrespectfully, and irresponsibly during a routine traffic stop, when a 67 year old disabled woman (let's call her Marie), alledgedly made an incorrect left turn into the Safeway parking lot.
Marie was driving 4 mph looking for a parking spot, as the officer tailgated behind (no lights or siren). Once Marie parked in a handicapped parking spot, the officer blocked her in from behind, and rushed to the driver's side of the parked vehicle, began furiously pounding on her window, yelling for her to exit the vehicle.
At this point, my friends and I, along with several other citizens, were trying to figure out what this woman had done to warrant the officer's aggressive response. Someone in the crowd even joked, "This woman must be wanted in 50 states."
When "Marie" exited her car, she looked bewildered, confused, and frightened. It appeared as if she had no idea why the officer had pulled her over.
Once the officer had her attention he yelled, “When an officer pulls you over, you stop!!”
Marie then humbly replied, “I’m sorry, I had no idea, I didn’t see you.”
The officer then summoned the crowd, pointing to all everyone in the parking lot, witnessing the situation. He yelled “everyone here (pointing to me and others) saw me trying to pull you over!!”
In unison, my friends and I, and other unknown witnesses argued back that we did not know what he was trying to do. We were not even certain he was a law enforcement officer.
I then stated directly to the officer, I didn't see any lights or hear a siren until the last few seconds. I didn't realize you were trying to pull her over. No one did."
The crowd's response upset the officer even more, and as a result, he became increasingly more hostile towards Marie.
As Marie stood outside the driver's side of her car, terrified, docile, and COMPLIANT. She posed no threat to the officer and yet, with his hand on his gun, the officer continued to belittle and scold her, yelling "Maybe if your windows were not tinted, you would have seen me! Now get behind the car!!”
In her defense, I ask. "Why does she have to go behind the car? Why can’t she stay inside her car? She should be able to stay where she feels safe! Is this legal??”
The officer points at me and says, “You need to step back and stay out of it!”
I move back about 10 meters, and continue to observe silently. I do not say anything else after this point. My sole intent was to observe and protect Marie, and ensure that she felt safe through this inappropriate ordeal.
Why would anyone yell at a disabled senior to get out of her car in 100 degree heat over an incorrect left turn? What if her walking was impaired? This behavior was irresponsible and put a disabled senior in potential danger.
1-2 minutes after the officer brings Marie to the back of his vehicle, 5 – 8 back-up police vehicles arrive on scene.
I was confused why so many officers were involved but I was also relieved. My friends and I all agreed once we explained to these new officers on the scene what we witnessed, everything would be straightened out.
I then walked up to the officer closest to me, and began to explain what occurred during the traffic stop, namely the hostile, aggressive, wrongful treatment of a disabled senior.
Written words do not grasp the severity of the situation. I was fearful for human life.
The officer asks me if I would like to go talk with the sergeant, who had just arrived. I respond, "Yes, please!". I walk over to meet the sergeant and give him my testimony.
I naively trust the sergeant, and ask how I can file a complaint against the officer. This will come to be my biggest mistake, and the root of the charges filed against me.
The sergeant tells me that I am not allowed to file a complaint, only Marie can, and continues to highlight the fact that the officer has the right to order Marie out of the vehicle as part of his “investigation”.
I acknowledge the legal aspect to reserve that right, but the hostile attitude, intimidation tactics, and irresponsible choice to remove a disabled senior from her car in 100 degree heat is morally wrong. Period.
The sergeant walks away and huddles with the other officers. He returns talks to me again about the situation, and then asks me if I have ID on me. I did not, and I give him my full name and birthdate, thinking he is writing my information down as a witness.
The sergeant then follows with, “I am going to check if you have any warrants out for your arrest.”
It was not until THIS point that I realized that the sergeant was not interested in my side of the story, but only wanted to protect the officer's actions.
I voluntarily stayed on the scene, and then confided in the sergeant to give my statement of what happened, all this time believing that I am being a good Samaritan. I was always free to go, neither the officer or the sergeant said I was being held.
The sergeant walks away to look up my name and birthday in the system. When he returns, he states that I am getting a ticket for “failure to comply with a police officer,” a criminal charge class 2 misdemeanor.
This happened at least 45 minutes after the initial 3 minute traffic stop. I am beyond shocked. As a concerned citizen, I confide in a police sergeant about an injustice that I witnessed, and instead the investigation turns on me.
From that point, the sergeant manipulated conversations, was overly rude, twisted words around, would not allow Marie or myself to explain what happened, and pushed his own self-serving agenda .
2 hours later, in 100 degree heat, with no water, and no shade... my ticket was issued to me.
The next week, Marie, her passenger, and myself, all filed formal complaints against the officer through the Sheriff's Department.
4 weeks after the complaints were filed, the Sheriff's Department informed me that they had motioned for my charges to be dropped. However, instead, I later received mail with two additional criminal charges, "hindering prosecution in the 2nd degree" and "harassment".
The past 3 months have been a stressful, tumultous, emotional rollercoaster. I am grateful to have found a good legal team to bring justice to this ordeal. Thank you all again for taking the time to hear my story and support my case.
-Diesa
