informationliberation
The news you're not supposed to know...




An Introduction to Austrian Economics: Understand Economics, Understand Everything
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted May 29 2013, 10:33 AM Category: Tyranny/Police State Source: Techdirt Print

Kern County Coroner Declares David Silva's Death To Be 'Accidental,' Heart Disease-Related

by Tim Cushing

Kern County Sheriff Donny Youngblood held a press conference last Thursday to declare his department's innocence in the death of David Silva. This claim is based on the coroner's report prepared by the Kern County Coroner's office, which reports to the Sheriff's Office. David Silva's death has been declared "accidental," with the official cause of death listed as "cardiac hypertension."

This disease can be a rather sudden killer (onset-to-death can be as little as two years), but the "contributing factors" listed on the coroner's report makes no mention of the heavy physical strain put on Silva's body by the restraint efforts of nine law enforcement officers and a police dog. Here's what the report says contributed to Silva's death: "Acute intoxication, chronic alcoholism, severe abdominal obesity, chronic hypertension, acute pulmonary-cardiovascular strain." "Acute pulmonary cardiovascular strain" sounds like a naturally-occurring health event, but it's nothing more than severe strain on the heart and lungs -- something that might occur when an already out of shape person is restrained (within policy) by several men and a police dog while being intermittently beaten (within policy).

The "acute intoxication" is also questionable as Silva's BAC was .095, not much higher than the legal limit in many states (.08). Of course, the coroner's office could be folding Silva's drug intake into the "intoxication" level as he had amphetamines, methamphetamine and Klonopin in his system as well.

The autopsy almost makes it sound as if David Silva might have passed away that night, with or without receiving special attention from Kern County deputies. I suppose there's a slim chance he might have expired of natural causes while passed out on someone's doorstep, but it's much more likely that he was pushed towards an early grave by the amount of force used against him.

Sheriff Youngblood seems to feel the autopsy clears his department of any wrongdoing. This likely explains the release of the report mere days after he informed the media it could take up to a month before the toxicology work was completed.

This also explains why he went on the attack during his press conference. He blamed the media for skewing the story, playing on peoples' emotions and placing his deputies in danger. He also stated his office would no longer be releasing names of officers involved in incidents like these.

According to Youngblood, everything about Silva's "arrest" was handled in accordance with department policy. According to the Sheriff, only three deputies used batons (and then hit Silva only in approved areas -- i.e., not the head). The coroner's report mentions "signs of blunt force trauma" to the left side of Silva's head, which could possibly be explained by the kicking witnessed by onlookers. Whatever hit Silva's head (or whatever Silva's head hit), it was non-lethal -- no skull fractures or brain injury.

Because Silva failed to die from anything directly related to the beating/"hobbling" (Silva was restrained with a "hobble," or "hogtied" for all intents and purposes), Youngblood feels the responding officers did no wrong. Everything that occurred that night was compliant with policy. The closest the coroner's report comes to implicating law enforcement in Silva's death is this sentence:
Death is from the sequelae of severe chronic cardiovascular disease exacerbated by the effects of acute intoxication together with the sequelae of properly employed restraint procedures.
(How do we know the restraint procedures were properly employed? Because deputies told the coroner and investigating officers that they were. Nothing listed in the report points to improperly employed restraint or excessive force. But the question remains: if nine officers "properly employ" restraint procedures, does the combined force become "excessive?" Or is it fine as long as it's a "properly employed" nine-on-one "restraint?")

If all of this is above board, it doesn't explain the deputies' pressing need to "secure" citizens' cell phone recordings, which was performed without a warrant in one case, and in the other, took the form of a nine-hour "house arrest" to ensure the footage didn't make its way to the news before the warrant arrived.

Youngblood attacked this narrative as well, stating it was actually "only" five hours of detainment. If this is truly the case, Youngblood should release the warrant and compare it with cell phone records. Allegedly, his deputies contacted the witnesses with the cell phones they were interested in obtaining sometime between 2 and 3 am, but the warrant didn't show up until nearly noon.

He also made this disingenuous statement:
Anyone there was free to leave at any time. No one was held hostage. [One of the witnesses] just couldn’t take the phone that had the evidence. Once he gave the phone and were in the process of getting a search warrant, he left. The second [phone], we obtained a search warrant, we waited two hours and 11 minutes to get that search warrant and to seize that phone.
"Free to leave" is "free to leave." It doesn't come with strings attached.

Youngblood stated he would release all video his department has in its possession. (However, it appears the California Highway Patrol isn't interested in parting with its dash-cam footage of the incident.) As far as Sheriff Youngblood is concerned, this report, combined with the footage publicly available, clears the officers of wrongdoing. The deputies involved will be returning to work (apparently, they were still on paid administrative leave despite reports otherwise).

But it's not over yet. The District Attorney's office has announced it will be performing its own investigation and the FBI has yet to deliver its report. In addition, the attorney for David Silva's family has announced that the law firm's "experts" will be performing their own investigation as well.

The Kern County Sheriff's Office is no stranger to this sort of controversy.
The Silva episode follows several high-profile brutality cases involving the Kern County Sheriff's Office in recent years.

One led to criminal convictions of three deputies and a $6-million civil judgment in the 2005 death of a jail inmate, according to attorneys. Another resulted in a $4.5-million court award for the family of a man who died in 2010 after being struck 33 times with batons and Tasered 29 times, attorneys said.
Even if the KCSO is ultimately cleared of any wrongdoing, this incident should at least prompt law enforcement officials to take a closer look at what their restraint policies allow -- and what sort of harm can actually be done to citizens while still ostensibly "following the rules." A couple of officers restraining someone using proper techniques is probably fine. But nine officers (and an attack dog) properly deploying "non-lethal" weapons and restraint can very easily turn an arrestee into a victim.

Coroner report (PDF)





Latest Tyranny/Police State
- Dashcam Nails Cops Who Beat Man While Shouting "Stop Resisting Arrest"
- De-militarize the Police Mindset
- No Jail For Oklahoma Cop Who Lied About Beating Motorist
- Shielding the Executioner: Shaun Cowley, Paul Cassell, and the Murder of Danielle Willard
- "Use It, or Lose It": Federally Subsidized Police Escalation
- Officer To Citizen: "You Must Be Doing Something Wrong If You Invoke Your Rights"
- Hair Trigger Police State: Gamer SWATTED While Streaming Live Online
- The Judicial System's Blessing Of Police Use Of Excessive Force Makes It Nearly Impossible To Hold Bad Cops Accountable









Comments 1 - 3 of 3 Add Comment Page 1 of 1
Lora

Posted: May 31 2013, 5:03 PM

Link
5032 Well written article. Sad, mostly because this is not a "one time thing" . This is becoming the norm. The Silva family should contact the Rutherford Institute - https://www.rutherford.org/
frank castillo

Posted: Oct 29 2013, 7:46 PM

Link
174141 David Silva was my best friend I miss him VERY
.MUCH he was a good father who did the best he c
Couldhe brought happiness to those. Whose lives he touched
Chris

Posted: Oct 29 2013, 8:58 PM

Link
Hey Frank, so sorry for your loss, thank you for sharing. It's an absolutely tragic story with NO justice because the murderers were in uniform.


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Cost of Renouncing US Citizenship Goes From Free In 2010 to 450$, And Now It's Been Jacked to $2,350 - 08/30"Use It, or Lose It": Federally Subsidized Police Escalation - 08/28California Police Department Ordered to Get Rid of MRAP Military Vehicle - 08/28This Week's Corrupt Cops Stories - 08/28Crash Victims, Witnesses Accuse Cops Of Fabricating Police Report Regarding Officer-Involved Collision - 08/27The Judicial System's Blessing Of Police Use Of Excessive Force Makes It Nearly Impossible To Hold Bad Cops Accountable - 08/28Officer To Citizen: "You Must Be Doing Something Wrong If You Invoke Your Rights" - 08/28Shielding the Executioner: Shaun Cowley, Paul Cassell, and the Murder of Danielle Willard - 08/28

Rialto, CA Police Made to Wear Cameras, Use of Force Drops by Over Two-ThirdsCop Who Karate Chopped NY Judge In Throat Gets Off Scot-FreeFlorida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'Insult Person On Twitter, Go To JailSWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma InsteadCop Karate Chops NY Judge In The Throat
(more)

 
Top