This week in Bakersfield, California, 33-year-old David Silva, father of four, was brutally beaten by eight members of the Kern County Sheriff?s Department and died hours later after being transported to the hospital. Earlier in the evening, Silva had been drinking and stopped by to visit his mother after having some ?emotional issues? he wanted to discuss with her. After leaving her house, he later visited the Kern Medical Center for some kind of counseling. He was asked to leave once denied the opportunity to sleep there for the night.
Later in the evening, Silva fell asleep in front of a house across the street from the facility, and an emergency call was made to the police by a neighbor who had seen Silva passed out in the residential area. Police arrived on the scene, and claim that while trying to assist and restrain Silva, he was ?uncooperative?, even after they released one of their K-9?s. They further claim they were forced to use their batons on him in order to get him into custody.
However, witnesses to the incident of police brutality had an entirely different account. Homeowners say they were violently awoken from their sleep as the sounds of cracks repeatedly hit Silva?s head and body. Other?s stated that Silva was crying for help, and begging for them to stop. One woman called 911 and told them a man was laying on the floor being beaten to death, and another said the Sheriff?s were on top of Silva, while he was screaming in pain, and he couldn?t fight back.
Two unnamed witnesses recorded video of the violent outbreak, but the only footage to be released as of yet is from a security camera nearby. It is a bit blurry and dark, but depicts a scene where several officers are surrounding Silva while he is first on his knees, and then after several swings, eventually laying on the street.??The witnesses who taped it on their phones said that once police discovered that they had video evidence, they were taken into custody and not unreleased until they consented to their phones being seized by the department.
Although the police say that they had warrants to be able to take the property, Dmitry Gorin, a Los Angeles defense attorney, said ?The deputies could secure the house, but they cannot detain the people. The argument here would have to be they would not let them leave because they could take the cellphone with them. This is very unusual. I have never had a client detained in this way.? Laurie Levenson, an LMU Law professor, said that the tactics used by the police were ?heavy-handed? and that law enforcement officers are not allowed to ?detain people for hours on end?.
?At Bergener & Associates, we don?t believe anyone is above the law; we think that justice depends on keeping everyone accountable for their actions??
The decision to take away the cellphones of the bystanders has called into question the methods used by the Sheriff to handle the complaint. David Cohn, attorney for the children and parents of Silva said, ?It makes it look like a cover-up. What we?re all concerned about is, ?Are these videos going to be altered? Are they going to be deleted?? ?
The Silva episode is not the first such incident involving the Kern County Sheriff?s Office. A number of well-documented and controversial cases involving police brutality have emerged in the past few years. In 2005, one resulted in convictions against 3 deputies, and a $6 million civil judgment, and in 2010, another resulted in a $4.5-million court award for the family of a man who died after being struck with batons and tasered numerous times.
These are all cases of assault that rose to the level of wrongful death. Incidents like this are very serious, and verdicts are awarded in the range of millions of dollars in an effort to compensate families for the tragic loss that they have suffered.
At Bergener & Associates, we don?t believe anyone is above the law; we think that justice depends on keeping everyone accountable for their actions, regardless of whether they are police officers or other authority figures. While the actions here are still only allegations, and a trial has yet to commence, other incidents of police brutality, assault, ?and wrongful deaths are happening all across California.
If you or a family member has been injured because of someone else?s actions, you need to know that you have rights. Find out more information about how an experienced personal injury attorney at Bergener & Associates can help you by calling us today at 1-800-881-2021.
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