Dallas officer suspended one day for using force against Occupy Dallas protester

Dallas Police Chief David Brown on Thursday suspended a veteran police officer for one day after an internal investigation found the officer used unnecessary force when he pushed an Occupy Dallas protester from a planter last month.

Brown also restricted Officer Jimmy Hollis, a 19-year-veteran, from working off-duty jobs for 60 days. Hollis declined to comment when reached by telephone. The chief did not respond to requests for comment.

Stephen Benavides, the protester who Hollis pushed that day, called the discipline inadequate.

“That unnecessary force basically inhibited our ability to peacefully assemble and express ourselves,” Benavides said. “This was a violation of civil rights and civil liberties.”

The highly publicized incident came during the Nov. 5 Occupy Dallas protest at the Bank of America building at 901 Main St. Protesters accuse the police of inciting a riot because of the way they handled the protest.

Benavides and other protesters also accused Hollis of pushing Benavides off the planter. Police initially said there was no evidence to back up the allegations.

But video surfaced that appeared to show Hollis shoving Benavides off the planter just before Benavides’ arrest. He was arrested on a charge of assault on a public servant for allegedly swinging a flagpole at a different officer.

According to a department news release issued Thursday, the chief has requested that Dallas County prosecutors refer the case against Benavides to a grand jury.

“This will mean that the District Attorney’s Office, at the request of Chief Brown, will present the case to the grand jury without arguing for or against an indictment,” the release said. “This will allow the decision on whether or not an indictment is appropriate to rest solely with the Grand Jury.”

Benavides said he is hopeful that the grand jury will “look at the evidence and see that there was no assault on a public servant and dismiss these charges.”

The release also said Brown had asked the city attorney’s office to dismiss all “use of sidewalk” citations issued during the protest that day.

http://www.dallasnews.com/news/local-news/20111215-dallas-officer-suspended-one-day-for-using-force-against-occupy-dallas-protester.ece


Dallas Observer 
http://blogs.dallasobserver.com/unfairpark/2011/12/dpd_chief_brown_suspends_offic.php 


CBS DFW
http://dfw.cbslocal.com/2011/12/15/officer-suspended-for-roll-in-occupy-dallas-scuffle/

City Hall's statement on Occupy Dallas eviction

n the early morning hours, city spokesman Frank Librio issued the following statement about the eviction of Occupy Dallas protestors from their campsite at City Hall.
Police plan a 10 a.m. news conference.

The City of Dallas has made every effort at each juncture of the Occupy Dallas situation over the past six weeks to support the group's ability to express its First Amendment rights. The City's approach and response to this situation have been cited by observers to be a model for other cities experiencing similar circumstances associated with the Occupy movement. Occupy demonstrations have occurred over many weeks and led to erection of encampments in many cities, including Dallas. Generally, overnight camping and sleeping in public are not allowed on public property and are not associated with First Amendment rights. However, the City of Dallas worked with Occupy Dallas' legal representatives to reach an agreement which allowed the encampment behind City Hall, for a limited period of time, as long as conditions of the agreement were in strict compliance.
Despite repeated attempts by the City asking for compliance, some individuals associated with Occupy Dallas have violated the agreement. Criminal offenses have also occurred and are documented in the attachment.

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Occupy Criminal Allegations

About that 'use of sidewalk' criminal charge against Occupy Dallas protesters arrested on Saturday

Occupy Dallas supporters have criticized Dallas police for what they say was an overly aggressive response to Saturday's protest at the Bank of America building downtown.

Dallas police arrested eight people, including seven on a rather odd-sounding charge of "use of sidewalk." According to the Texas Transportation code, that violation basically says that pedestrians cannot walk on a road if a sidewalk is provided and accessible.
It's tough to draw any clear conclusions from several videos of the protest posted online. Dallas police are continuing to review the incident.
Here's the exact wording of the law that could apparently land you in jail for walking in the street:
Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian.
(b) If a sidewalk is not provided, a pedestrian walking along and on a highway shall if possible walk on:
(1) the left side of the roadway; or
(2) the shoulder of the highway facing oncoming traffic.
(c) The operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall yield the right-of-way to a pedestrian approaching on a sidewalk extending across the alley, building entrance or exit, road, or driveway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, 2001.

http://crimeblog.dallasnews.com/archives/2011/11/about-that-use-of-sidewalk-cri.html 

After criticism from Occupy Dallas, Atkins' website comes down

If you try to visit Council Member Tennell Atkins' website this morning, you'll get the following message:
"This Website has been shut down by developer. For information call 713-995-0907 or 713-249-3735."
Not terribly interesting except for this. Atkins has been critical of Occupy Dallas, saying the protest movement is straining police resources.
That prompted the movement to do a little research on the councilman and send him a letter criticizing his website. The key quote is buried in the full letter, which is on the jump.
But the gist is they think Atkins is in the corporate camp.
"We are here to protest multinational corporations that are buying out our politicians in order to subvert the democracy for their own personal gain....Why does the banner at the top of your page show photos of corporations instead of the people who voted for you?"
Not long after the letter went out, the website came down.
Who took it down and why, we don't know.

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Inside the occupation: Occupy Dallas protesters a diverse group

The Occupy Dallas website offers some welcoming words:

“We invite you to come down to City Hall Park and see what we’re up to. Hang out and get to know us.”

OK. We’ll see.

It’s a chilly Thursday. The coffee tent has drawn a small early-morning group. Two “peacekeepers” walk a perimeter around the 60 or so tents sheltering some 120 people outside City Hall.

An electricity generator drones on as Richard Souza putters about the food tent, ice chests and jugs of water. Pots from last night’s supper await cleaning. Peanut butter and snacks await hunger. Dead flies dot adhesive traps.

Occupy Dallas launched its protests against Wall Street greed, corporate power and economic inequality on Oct. 6. After camping at Pioneer Park downtown, the group accepted an offer from the city and moved near City Hall on Oct. 17.

An agreement allows the group to remain there through Dec. 11 with the possibility of an extension, but it also prohibits cooking and toilets at the site, among other conditions. That agreement was in jeopardy after the city sent a letter to leaders Tuesday, saying the group has until Saturday to correct what the city called breaches of the agreement, or face possible removal from its City Hall campsite.

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Occupy Dallas representative to talk about protest movement at Oak Cliff church

From our DISSENT Department:

Mathieu Thiem, a representative of Occupy Dallas, will talk about the goals and philosophy of the movement Sunday at the Unitarian Universalist Church of Oak Cliff.

Time: 12:15 p.m. Place: Church sanctuary, 3839 W. Kiest Blvd.

In a church news release, Thiem calls himself a "normal blue collar worker" with "an affinity for religion, philosophy and politics."


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Occupy Dallas protesters march to police headquarters to show support for officers

The members of Occupy Dallas apparently don't hold a grudge.
The group marched from their campsite at City Hall to Dallas police headquarters this afternoon to support the force and higher pay for officers, staff writer Tanya Eiserer reports.
Their demonstration comes just three days after Dallas police arrested 23 protesters who blocked an entrance at a Chase Bank downtown.
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Occupy Wal-Mart: Police pour into Oak Cliff store after protesters' covert op gets noisy Dallas Morning News

Occupy Dallas protesters infiltrated an Oak Cliff Wal-Mart this evening -- a demonstration that ended when as many as a dozen Dallas police cars showed up to hustle them out.

"They went in slow, four at a time," said Richard Beebe, who watched the operation unfold as he sat outside the store, off Cockrell Hill Road at Interstate 30, collecting donations for homeless veterans.

A few of the protesters dropped money into his box, Beebe said, before "they started raising hell."

I got there after the protestors had been dispersed. And police and Wal-Mart managers wouldn't comment. But back at Occupy Dallas' base camp behind City Hall, the Wal-Mart raiders were happy to detail their operation.

"We always planned to march on Wal-Mart," said Dack Decker, who wouldn't exactly blend in at the store with his button-festooned denim jacket and yellow-streaked hair. "But it didn't come together until about 10 minutes before."

Decker (real name, he tells me) said he and roughly two dozen protestors went into the store covertly at 6 p.m. and spent 15 minutes stashing fliers inside products.

"Then we blew a whistle."

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'Ya Basta!' - Latinos plan to 'occupy City Hall' tomorrow to protest redistricting map

5-4-5. That's the new catch-phrase from Dallas' Latino Redistricting Task Force, the group of Hispanic leaders and advocates vowing to fight the redistricting map passed by the City Council two weeks ago.
That is, their demand is 5 Latino seats, 4 black seats, and 5 white seats on the City Council.
The group plans to show up en mass at tomorrow's council meeting, according to an email blast just forwarded to me:

Ya Basta! The city council has passed a map that puts our communities back for another decade. Tomorrow we will OCCUPY CITY HALL AND DEMAND a city map that reflects the growing Latino population JOIN US!!! For months community leaders and neighbors have fought to create 5 Latino majority seats, last week the City of Dallas took a illegal and unexpected vote on a map that gives us only a possible 2 Latino seats,we currently have three. This is an injustice, a violation of the Voting Acts Rights and an act of discrimination to the Latino Community. It is up to us to demand fair representation and the allocation of appropriate seats 5 latino, 4 African American, 5 white. The Action that we take today will determine the future of Dallas for the next ten years!

Check out the rest of the email here.

http://cityhallblog.dallasnews.com/archives/2011/10/ya-basta---latinos-plan-to-occ.html

City of Dallas, Occupy Dallas show that we can all just get along Dallas Morning News

Moving day for Occupy Dallas came and went with little to no drama . The protesters packed up their tents and relocated from Pioneer Plaza to a grassy patch near Dallas City Hall. No arrests, no major problems to report. That can't be said in a number of other "occupied" cities across the country.
In Dallas, credit goes to police and government officials, as well as the protest leaders. From the start, all involved have clearly communicated their intentions, and they've worked to find mutually agreeable solutions - instead of allowing small sticking points to mushroom into larger conflicts. Last week, we had some back-and-forth about insurance policies and liability. But eventually, the city offered up a new location, and the protesters agreed to move.
Regardless of what you think about the protesters' message - or lack thereof - they have helped their cause with their conduct. And the city has been wise to accommodate a peaceful protest instead of throwing up roadblocks.
Mayor Mike Rawlings has helped set the tone for the city. He reportedly paid a visit to the protesters yesterday. And when someone asked Rawlings on Facebook what he thought about Occupy Dallas, he offered: "I believe individuals should be able to express their views within the framework of the law. Thanks for asking."
Apparently, our former mayor, Tom Leppert doesn't share that view. Texans for Tom Leppert has launched an "End the Occupation" website, decrying protesters' "false sense of entitlement" and calling upon President Obama to denounce this movement. Um ... why? I'm not sure how that bolsters Leppert's Senate bid. But I guess at this point, the Occupy Dallas folks should just be glad that Rawlings -- not Leppert -- is at the helm at Dallas City Hall.

http://dallasmorningviewsblog.dallasnews.com/archives/2011/10/city-of-dallas.html

A view of #OccupyDallas from the halls of power Dallas Morning News

City Hall has opened its land, if not entirely its arms, to Occupy Dallas.
The tent city behind City Hall is buzzing with activity this morning.
It's my understanding that Mayor Mike Rawlings visited them yesterday and offered kind words. He also brought them doughnuts to welcome them to the neighborhood.

Somewhat different from his predecessor.
This is the view council members see as they walk into committee meetings this morning.

Dallas Morning News publishes handwritten Letter to City Hall from #OccupyDallas

When Occupy Dallas met City Hall ...

http://cityhallblog.dallasnews.com/archives/2011/10/when-occupy-dallas-met-city-ha.html

Occupy Dallas protesters agree to accept city’s offer to relocate

Occupy Dallas protesters agree to accept city’s offer to relocate - Graphic

Editorial: Why so impatient with Occupy Wall Street? DMN

We are people of this generation, bred in at least modest comfort, housed now in universities, looking uncomfortably to the world we inherit.

So begins the Port Huron Statement, the plan of action issued by the Students for a Democratic Society when the movement was born in 1962. We looked at it again this week, in hopes that the text could help us speak intelligently on the Occupy Wall Street protests that have spread to many cities, Dallas among them.
Nearly half a century after it was written, the SDS statement still reads like an idealistic manifesto for a generation. It is outdated in parts, relevant in others. “The wealthiest one percent of Americans own more than 80 percent of all personal shares of stock,” it proclaims at one point. After walking around the tent city at Pioneer Plaza, it is hard not to come away thinking that what we have is a new battlefield for an old battle. Only the percentages, or the formula, have changed.
The Occupy (Name Your Location) movement has generated a lot of coverage. There is no shortage of opinion on what it is, what it means, where it’s going and what it needs to do to get there (and soon!). The commentariat ranges from the president to vestigial hippies. Occupiers are compared unfavorably to the Tea Party, which unlike them has been successful in defining the national debate.

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The Pioneers of Occupy Dallas

Day 8 was just beginning when I dropped by Pioneer Plaza this morning to get a first-hand look at Occupy Dallas.
It was about 8 a.m. and many of the residents still appeared to be in their tents, where they were shielded from traffic and noise by the line of longhorns that define the monument. Two protesters were manning different corners at Young and Griffin, the face of one hidden behind a clown mask and a bandanna depicting the American flag. The occasional commuter in a passing car honked in approval.
I have been struck by the tone of the some of the media coverage of this movement of late. In four weeks it has gone from exuberant and exhaustive to just plain exhausted. Get on with it, seems to be the message from the critics. In Dallas, the debate is now over whether protesters will be allowed to stay at Pioneer Plaza. As in other cities, the logistics of protesting, or the consequences of being in place for days, are defining the movement, which is probably not how it should be.

Caraway tells Occupy Dallas to get an insurance policy Dallas Morning News

A number of protesters with the Occupy Dallas movement put their faith yesterday in the support of the city's former mayor, who, they said, promised to come to Pioneer Plaza in a show of solidarity.
The sense I got was that protesters believed this powerful official would stand between them and City Hall.
Today, council member Dwaine Caraway made good on his word to come talk to the protesters.
But his message may not have been what they were hoping to hear.

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