TX - Sandra Bland, 28, found dead in jail cell, Waller County, 13 July 2015 #2

[Friday Fan]

In depth article from Houston Chronicle. (Hope it isn't behind a paywall)

http://www.houstonchronicle.com/new...ge-goes-far-beyond-dash-cam-video-6405874.php

Minutes later, jailers took her vitals. Records show that they then checked her name against a statewide database to see if she had received mental health care provided by the state of Texas, but no results came back.

Jailers did not place her on suicide watch, notify a magistrate or call a crisis hotline, as recommended by jail commission guidelines if an inmate tells a screener that he or she has tried to commit suicide in the past. The jail has been cited by the state jail standards commission for its failure to check on inmates frequently enough and for inadequate training concerning the handling of mentally ill or possibly suicidal inmates.

snip...

Around 8:15 p.m., jailers formally booked her. They performed a second suicide assessment, during which Bland answered no to a series of questions about whether she felt depressed or suicidal. Because she'd been charged with assault of a public servant, jailers placed Bland into cell No. 95, a "medium to maximum security cell," according to the sheriff's office.

Later in the evening, around 10:45 p.m., Bland called LaVaughn Mosley, a longtime friend she'd known since her days as a student at Prairie View.

Bland told him what happened, that she had been pulled over by a trooper who sped up behind her. "She thought he was responding to an emergency," Mosley explained, so she pulled into the right lane. Bland recounted some of the verbal exchanges between her and the trooper, Brian Encinia, but by the end of the conversation she was talking about getting out of jail.

 

[katydid23]

She may have won if the dashcam footage wasn't suffering mysterious "glitches." Or she'd still be just as demonized, with people saying that she "instigated" the situation to make a quick buck, and she would have had an enormous target on her back in her new city.

In other words, I don't think that there was any way for Sandra Bland to come out of this a winner once she was stopped by BE.

Sandra was about to lose her license, or have it revoked, because of all of her PREVIOUS traffic infractions and the fines she had not paid. So blaming it all on BE seems a bit unfair. She was pulled over for an illegal infraction and he was planning on giving her a warning, that's all. He lost his temper and escalated the situation but IMO, she added the necessary component to make that happen. :cow:

 

[EllieBee]

In depth article from Houston Chronicle. (Hope it isn't behind a paywall)

http://www.houstonchronicle.com/new...ge-goes-far-beyond-dash-cam-video-6405874.php



snip...

On your last bolded quote;

I would have assumed the same, especially the way he sped up behind her. I always get out of the way of police and emergency vehicles, lights or no, when they seem to be speeding up.

Too often I have seen EMS have to go into a median or even partially up onto a sidewalk because drivers won't pull over to let them pass.

 

[EllieBee]

Sandra was about to lose her license, or have it revoked, because of all of her PREVIOUS traffic infractions and the fines she had not paid. So blaming it all on BE seems a bit unfair. She was pulled over for an illegal infraction and he was planning on giving her a warning, that's all. He lost his temper and escalated the situation but IMO, she added the necessary component to make that happen. :cow:

But per BE's own recorded words, she was under arrest from the time he pulled her over. So I think telling her he was just going to give her a warning was another lie.

 

[katydid23]

What does her not looking at him have to do with her being guilty of anything? A person doesn't have to make eye contact with another if they don't care to do so. IMO

All true. But it might have made him want to see if she was high or drunk or hiding contraband. He had just had the chance to see her previous DUIs and traffic infractions and her lack of looking at him and her obstinance made him suspicious of her at that point. Driver demeanor is a big part of an officers reactions and his decision making. JMO [ Just a hunch on my part. ]

 

[katydid23]

I have been rolling this around in my head, and I think what has been bugging me about how attitude affects your outcome in dealing with police is this:

If you have broken a law, say like speeding, (which could potentially harm or kill other motorists) but because you are nice to the police you never get ticketed, points on your license or jail time, how is that law being enforced?

It shouldn't matter that you are nice and chummy with the cop that pulls you over. If you broke the law, especially repeatedly, you ought to be subject to the legal consequences.

By the same token, one should not be excessively punished for choosing to remain silent and speak to their attorney. Or ask for what they are under arrest.

I understand that civility begats civility. I am always polite, wherever I go. Even when I have to be assertive. I agree that it helps to be polite even in potentially volatile situations.

But when it comes to the law, police should not give polite law breakers a "pass".

We see a lot of cases here where we wish the perps had been in jail and not out and about, allowing them to be predators. One of the most effective ways that LE has to get guns and drugs and criminal with open warrants off the street is by doing traffic stops. LOTS of criminals end up back in jail because they didn't have working brake lights.

If a cop pulls a driver over, one of the ways that they get the chance to search for contraband, is by assessing their demeanor. if the cop can see they are drunk, or have dilated pupils, then they can give them a sobriety test and ultimately search the car.
I have noticed, rather uncomfortably, that when I am pulled over and talking to a cop, they are looking me straight in the eyes, intensely so. I don't like it and if I were drunk or on meth I would really hate it. But I do know enought o know that I need to look them in the eyes and answer calmly. I have been asked ' are you Ok?' too. One time, while driving my kids to middle school on a hectic morning, I got stopped because my seat belt was UNDER my arms, not over my shoulders. :facepalm: I was very annoyed. And when he first told me WHY I was stopped and he said your arms were under your belt, I said " SERIOUSLY?' in a incredulous fashion. And then he answered, YES, seriously. And as I handed him my registration etc, he asked 'Are You Ok?' Right then I could have lashed out and said what was on my mind, and on the tip of my tongue...'NO Im not, this is silly and a waste of time and $ and dont you have better things to do..bla bla bla..' HOWEVER, i thought better of it because I did have it on wrong and he was doing his job. So I modeled better behavior for my kids by remaining civil. ' Yes, I am OK, thank you...here is the ins card...' He handed me a stupid ticket and off we went.

If he had seen a record of past DUI's and If I had refused to look him in the eyes, and complained about how he stopped me and told him I could smoke in my car, etc etc, then I would have likely been asked to step out too.

 

[kimlynn]

All true. But it might have made him want to see if she was high or drunk or hiding contraband. He had just had the chance to see her previous DUIs and traffic infractions and her lack of looking at him and her obstinance made him suspicious of her at that point. Driver demeanor is a big part of an officers reactions and his decision making. JMO [ Just a hunch on my part. ]

I'm going to let you have that one,katy.

Seriously it does make sense. IMO

 

[katydid23]

It is not really possible to be accurate on internet posts, but what it seems like to me is that some people are self satisfied that Sandra died.

She was 28 years old. That is young. She has done stuff that other posters on here have done or their children or relatives have done. Did they deserve death?

She is not a serial killer or a rapist. I assume she is not a sex abuser. She uses MJ just like William F Buckley the huge conservative did and bragged about.

I neither drink nor used drugs so I am not trying to absolve my own issues. I see a lot of schadenfreude , IMHO

I have not seen anyone here seeming to be 'self satisfied' that she died. I think that is a bit of an unfair accusation, JMO.

No one is happy that she died. The question is did she die by her own volition. JMO

 

[katydid23]

I'm going to let you have that one,katy.

Seriously it does make sense. IMO

:thud: :thud: :giggle:

 

[Montjoy]

No one is happy that she died. The question is did she die by her own volition. JMO

rsbm --

I think that is one question (and one, IMO that has been answered), but I wouldn't call it *the* question. A question that has not been answered and remains very important is whether she was given appropriate custody and monitoring. It does appear that she should have been on suicide watch. Even if homicide is off the table (and I think is is), the jail could be shown to have been negligent, perhaps criminally so. I would not at all be surprised if there is a lawsuit or settlement down the road, and given that the state has called for an investigation already, all indications are that it would be justified.

 

[DEPUTYDAWG]

Deputy, as always I very much appreciate your calm and even-handed discussion of matters related to LE conduct. You are a great asset here at WS and very much representative of my personal interactions with members of LE. (Which is not to say I doubt the many stories of abuses by others. The tapes don't lie.)

Thank you, Nova. Your words mean a lot to me. You always make me think, on many diverse topics.

 

[DEPUTYDAWG]

rsbm --

I think that is one question (and one, IMO that has been answered), but I wouldn't call it *the* question. A question that has not been answered and remains very important is whether she was given appropriate custody and monitoring. It does appear that she should have been on suicide watch. Even if homicide is off the table (and I think is is), the jail could be shown to have been negligent, perhaps criminally so. I would not at all be surprised if there is a lawsuit or settlement down the road, and given that the state has called for an investigation already, all indications are that it would be justified.

Montjoy,

Where's your calendar? Mark this down...I agree wholeheartedly with what you posted here! :blushing:

 

[Friday Fan]

I believe this traffic stop went horribly wrong at the point bolded:

Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?

Encinia: Step out or I will remove you. I’m giving you a lawful order.

Get out of the car now or I’m going to remove you.

Bland: And I’m calling my lawyer.

Encinia: I’m going to yank you out of here. (Reaches inside the car.)

Bland: OK, you’re going to yank me out of my car? OK, alright.

Encinia (calling in backup): 2547.

Bland: Let’s do this.

Encinia: Yeah, we’re going to. (Grabs for Bland.)

Bland: Don’t touch me!

Encinia: Get out of the car!

Bland: Don’t touch me. Don't touch me! I’m not under arrest -- you don't have the right to take me out of the car.

Encinia: You are under arrest!

Common sense should have prevailed. BE could have simply said: "OK call your lawyer" and waited for backup. I know the argument could be that SB could have been armed, but that is a judgment call that cops make during traffic stops. Cops stop all types of people everyday. This wasn't a high crime area. She was driving several hundred yards from Prairie View A&M University, which is a historic, as far as I know a quiet, black teacher/agriculture campus.

 

[CoolJ]

I believe this traffic stop went horribly wrong at the point bolded:

Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?

Encinia: Step out or I will remove you. I’m giving you a lawful order.

Get out of the car now or I’m going to remove you.

Bland: And I’m calling my lawyer.

Encinia: I’m going to yank you out of here. (Reaches inside the car.)

Bland: OK, you’re going to yank me out of my car? OK, alright.

Encinia (calling in backup): 2547.

Bland: Let’s do this.

Encinia: Yeah, we’re going to. (Grabs for Bland.)

Bland: Don’t touch me!

Encinia: Get out of the car!

Bland: Don’t touch me. Don't touch me! I’m not under arrest -- you don't have the right to take me out of the car.

Encinia: You are under arrest!

Common sense should have prevailed. BE could have simply said: "OK call your lawyer" and waited for backup. I know the argument could be that SB could have been armed, but that is a judgment call that cops make during traffic stops. Cops stop all types of people everyday. This wasn't a high crime area. She was driving several hundred yards from Prairie View A&M University, which is a historic, as far as I know a quiet, black teacher/agriculture campus.

Does anyone know if him uttering the words "you ARE under arrest" is the reason he was disciplined?

 

[EllieBee]

Does anyone know if him uttering the words "you ARE under arrest" is the reason he was disciplined?

IDK, but in the recorded conversation with his superior, he did say (paraphrase)
"Once I pulled her over, you know, she was already under arrest" .

However, in that same convo, he said many things which the dash cam proves to be a lie, so who knows?

 

[ladonna]

http://www.chron.com/news/article/Waller-DA-assigns-outside-prosecutor-releases-6407835.php

 

[oceanblueeyes]

I believe this traffic stop went horribly wrong at the point bolded:

Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?

Encinia: Step out or I will remove you. I’m giving you a lawful order.

Get out of the car now or I’m going to remove you.

Bland: And I’m calling my lawyer.

Encinia: I’m going to yank you out of here. (Reaches inside the car.)

Bland: OK, you’re going to yank me out of my car? OK, alright.

Encinia (calling in backup): 2547.

Bland: Let’s do this.

Encinia: Yeah, we’re going to. (Grabs for Bland.)

Bland: Don’t touch me!

Encinia: Get out of the car!

Bland: Don’t touch me. Don't touch me! I’m not under arrest -- you don't have the right to take me out of the car.

Encinia: You are under arrest!

Common sense should have prevailed. BE could have simply said: "OK call your lawyer" and waited for backup. I know the argument could be that SB could have been armed, but that is a judgment call that cops make during traffic stops. Cops stop all types of people everyday. This wasn't a high crime area. She was driving several hundred yards from Prairie View A&M University, which is a historic, as far as I know a quiet, black teacher/agriculture campus.

If every police officer had to follow those rules they would be backed up beyond belief. To me it isn't reasonable for anyone to call their lawyer at that time. There is plenty of time to call an attorney once she has been arrested. That's what others do so why should she be afforded something different? What difference would it have made if she called then or later? None. The lawyer couldn't stop her from being arrested. He/she would have told her to call him/her back once she was in jail.

LE have had drastic cutbacks and expecting them to call for backup for every stop is just not reasonable imo. The only reason he needed backup in this case is because he had someone out of control and unruly.

Millions of traffic stops go on without a hitch. I don't find Sandra's demeanor reasonable nor do I think it is the norm behavior either, thank goodness. Most who are stopped are civil to LE because they know you get a lot more with honey than with vinegar.

She would have only gotten a warning if she hadn't been so combative, condescending, and attitudinal. What's wrong with putting her cigarette out like he asked her to do even saying 'please.' Why be so adversarial about a darned cigarette? Why be such an a** about such a trivial thing? It isn't like she hadn't been arrested before. And by law he did have a right to ask her to get out of the car. I cant understand her attitude that day. She was making mountains out of nothing. He had to realize something wasn't right about this woman and I think that is why he wanted her out of the car.

She should have been calmly waiting for her ticket and thanking him for giving her a warning ticket since she already owed hefty fines for breaking traffic laws many times before. I would think anyone would be happy with a warning and not get all rude, cussing, and disruptive.

That is why I believe she was stoned on pot when he stopped her. This is not rational behavior. Its actions like Sandra's that leads to an arrest. It truly sounded like she was trying her best to pick a fight with the officer and accusing him falsely. And I do think she kicked him and it certainly goes along with her irate demeanor that day.

She 'said' he drove her head into the ground yet she had no bruises on her head when she was autopsied. There was nothing showing he abused her physically. I think she did a lot of lying that day when she was out of camera view but also knew it would pick up what she said.

For some reason Sandra had a 500 pound chip on her shoulder that day. At first he was very cordial with her and respectful then things changed and the one who became irate first was Sandra.

Like I have said, and will continue to say, I am very sad she took her own life but I don't think it had anything to do with the arrest. She had been arrested and jailed in the past so this wasn't something new to her but what seems to be new is her family/friends weren't getting her out this time.

IMO

 

[KaaBoom]

She is not a serial killer or a rapist. I assume she is not a sex abuser.

She committed a crime far greater then any of those. The only crime in America, that can get you executed with no trial. She disrespected a police officer.

 

[oceanblueeyes]

She committed a crime far greater then any of those. The only crime in America, that can get you executed with no trial. She disrespected a police officer.

Who executed her?

From what I have read she committed suicide in jail three days later and not beside the road.

Has there been an additional autopsy that states she was killed?

 

[EllieBee]

She committed a crime far greater then any of those. The only crime in America, that can get you executed with no trial. She disrespected a police officer.

It makes me sick that baby rapers get out in 8-12 years, but God forbid you fight back against a grown bully wearing a badge.

Our society is effed up beyond all repair. It makes me weep for our collctive futures as a police state.