39-year-old Oregonian David Pyles was assaulted and arrested ... for not committing a crime. See the original post here: Police State of America.
Pre-Crime Policing
There's just one problem: David Pyles hadn't committed any crime, nor was he suspected of having committed one. The police never obtained a warrant for either search or arrest. They never consulted with a judge or mental health professional before sending out the military-style tactical teams to take Pyle in.
"They woke me up with a phone call at about 5:50 in the morning," Pyles told me in a phone interview Friday. "I looked out the window and saw the SWAT team pointing their guns at my house. The officer on the phone told me to turn myself in. I told them I would, on three conditions: I would not be handcuffed. I would not be taken off my property. And I would not be forced to get a mental health evaluation. He agreed. The second I stepped outside, they jumped me. Then they handcuffed me, took me off my property, and took me to get a mental health evaluation."
By noon the same day, Pyles had already been released from the Rogue Valley Medical Center with a clean bill of mental health. Four days later the Medford Police Department returned Pyle’s guns, despite telling him earlier in the week—falsely—that he'd need to undergo a second background check before he could get them back. On Friday the Medford Police Department put out a second press release, this time announcing that the agency had returned the "disgruntled" worker's guns, and "now considers this matter closed.
At root behind this case and others like it is our naïve, hopeful, and sometimes even dangerous belief that every horrible shooting spree or lone-wolf act of terrorism can be prevented. We seem unable to accept the idea that bad people will occasionally do bad things. Every new mass shooting spurs an urge to assign blame beyond the shooter: What political ideology inspired him? Who missed the “warning signs,” and why wasn't he apprehended ahead of time? Gun retailers are scrutinized and vilified, even when they've complied with the law. In ensuing days and weeks, politicians mull new laws, often both ineffective and constricting on our liberty.
Pyles describes himself as a gun enthusiast, who had already owned several weapons. All three new purchases required an Oregon background check, which would have prohibited the transactions had Pyles ever been convicted of a felony or a misdemeanor involving violence, or been committed by the state to a mental health institution. Pyles says he has no criminal record, and says he never threatened anyone in his office. (A specific threat of violence would have likely brought a criminal charge.) The Oregon State Police, the Medford Police Department, and the Oregon Department of Transportation did not respond to requests for comment.
"In my opinion, the apprehension of David Pyles was a violation of Oregon's kidnapping laws," says James Leuenberger, a criminal defense attorney who is also advising Pyles. "He definitely deserves to be compensated for what they did to him, but even if he wins a civil rights suit, that will just result in the officers' employers paying for their mistakes." That of course means the final tab will be paid by Oregon's taxpayers, not the offending cops. "I want these law enforcement officials held personally responsible," Leuenberger says. "I want them criminally charged."
I agree with Pyle's attorney. A State-issued costume does not grant the special privilege of violating an innocent man's inalienable rights.
Or do we simply not care about freedom and liberty anymore?
Pyle's attorney is spot-on --- I don't recall the last time I heard an attorney make such a salient point about who actually gets the bill.
Also, it is just fantastic this guy's last name is "Pyle."
I thought that too. Almost added a Gomer Pyle picture.
First, the man's name is PYLES, not Pyle. Second, this whole ugly mess began when his "disgruntled" manager (Terry Harbor) and the HR rep (Mandy Swain) ambushed him at his office the day the cops "escorted" him off ODOT property. Pyles didn't know Harbor and Swain were coming (Harbor and Swain work in Roseburg, OR. Pyles works in White City, about 150 miles away). Harbor chose this day because he knew the Union rep would be out of town and unable to help or advise Pyles. Pyles also didn't know that Harbor had called for police backup to be on hand at the White City office "just in case". (Harbor has pulled this tactic on other employees over the years). It was very likely Harbor was also the guy who "alerted" the cops that Pyles was a potential threat, a LIE to make his own case more powerful. The HR rep also lied when she said in a office meeting in White City that "the union is fully aware of the situation, but CHOSE not to be here" the day Pyles was police escorted away. She and Harbor knew perfectly well the union rep was conveniently OUT OF TOWN that day! So here's the wrap up: the ODOT manager LIED (or at least severely "twisted" the facts to make himself seem like the victim), HR LIED to make it sound like the union was ok with their underhanded tactics, the Medford police LIED to Pyles when they agreed not to cuff him, remove him, take him to a psych ward, and take his guns. It's no wonder ODOT is refusing to give statements to the press. But so what? It's pretty clear that all they know how to do is LIE!
The lawyer did nail it. I rarely have opportunity to agree with anyone from that profession, but today is one of them.
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