5.07.2009

April CM aftermath

First of all, big thanks to City Attorney Carol Taylor for her quick response to my FOIA request. She immediately sent the requested report and I had it by Tuesday. She also sent it without charge, which she did not have to do and I really appreciate that. Thank you Carol!

(I don't know what Michael Joyner hoped to accomplish other than slowing this down, which doesn't matter as speed isn't the point here.)

First off, the official charges:


I believe this means Traffic Offense (blocking traffic) then Resisting Law Enforcement (not stopping when ordered.) Basically corking and not stopping it or stopping for a talking-to sums this up if I'm not mistaken.

Here I've typed in the narrative from the report:

—-begin transcript—-

Law Supplemental Narrative:

Supplemental Narratives

Seq Name Date Narrative

2 CORN WILLIAM 20:27:54 04/24/2009

Narrative By:WILLIAM D. CORN 1385 FWPD

Incident number:09F052601

SUJECT ARRESTED: TREY A. (leaving out address and SS#)

WHILE PATROLING THE AREA OF PARKVIEW FIELD IN FULL POLICE UNIFORM AND DRIVING A FULLY MARKED POLICE CAR, A LARGE GROUP OF BICYCLIST RODE INTO THE AREA. THE GROUP WAS PROBABLY MORE THAN 100 INDIVIDUALS ON BICLCLES OF EVERY SORT. THE GROUP CIRCLED THE STREETS AROUND THE THE BASAEBALL STADIUM. THEY HAD THREE LANES OF JEFFERSON BLVD BLOCKED AS THEY CIRCLED THE SECOND TIME. OFFICERS WERE AT INTERSECTIONS ATTEMPTING TO GET PEDESTRIANS INTO THE STADIUM. I ACTIVATED MY EMERGENCY EQUIPMENT IN ORDER TO GET TO THE LEAD BIKES. i CAUGHT THE LEAD BICYCLES AT CALHOUN AND BRACKENRIDGE. I ASKED WHO WAS IN CHARGE. THE RESPONSE WAS NO ONE, EVERYONE. I ADVISED THE BICYCLIST AS THEY PROCEEDED PAST ME, ONE LANE OBEY THE TRAFFIC LAWS. I REPEATED MYSELF UNTIL ALL HAD PASSED BY. I THEN TURNED THE CORNER ONTO BRACKENRIDGE AND SAW A BICYCLIST BLOCKING TRAFFIC AT BRACKENRIDGE AND HARRISON. THE AUTOMATIC SIGNAL WAS RED FOR THE WESTBOUND TURNING SOUTHBOUND BICYCLES. THE BICYCLIST WAS SITTING TO PREVENT SOUTHBOUND HARRISON TRAFFIC FROM PROCEEDING. THE NORTHBOUND TRAFFIC WAS ALSO STOPPED. THE BICYCLE WAS A YELLOW 10 SPEED TYPE. THE RIDER HAD RED SHOES, RED UNDERWEAR SHOWING ABOVE HIS TAN SHORTS, ONCE INCH EAR LOPE PLUGS IN EACH EAR. I HAD OBSERVED THE SAME BICYCLIST BLOCK TRAFFIC AT HARRISON AND DOUGLAS ON THE FIRST LOOP. HE THEN RODE TO THE FRONT OF THE GROUP. HE WAS AT THE FRONT OF THE GROUP WHEN I MADE INITIAL CONTACT WITH THEM WITH THEM AT HARRISON AND BRACKENRIDGE. I PULLED UP TO THE SUBJECT, LATER IDENTIFIED AS TREY A., AND ADVISED HIM TO STOP. HE CONTINUED TO RIDE SOUTHBOUND ON HARRISON. I AGAIN ORDERED HIM TO PULL OVER AND STOP. HE CONTINUED TO PICK UP SPEED AND THEN CUT THROUGH THE PARKING LOT SOUTH OF POWERS. I TURNED WESTBOUND ON BAKER ST. THE SAME ROUTE THE GROUP WAS RIDING. A. ATTEMPTED TO PULL BACK IN WITHHTE GROUP. I HAD OVERHEAD LIGHTS ON TO WARN ONCOMING TRAFFIC. I YELLED TO A. NO LESS THAN THREE TIMES TO PULL OVER AND STOP. HE CONTINUED WITH THE GROUP PAST EWING ST. THEY ARE NOW TRAVELING THE WRONG WAY DOWN A ONE WAY STREET. THE GROUP TURNED SOUTHBOUND ON FAIRFIELD AND HE TURNED NORTHBOUND AND THEN WESTBOUND ON LAVINA. I TRAVELED WESTBOUND ON HENDRICKS. A. CAME OUT ON BROADWAY. HE CAME SOUTHBOUND AND I AGAIN TOLD HIM TO STOP. HE CONTINUED TO RIDE AND PULLED DOWN THE ALLEY BEHIND THE BROADWAY BAR. I TURNED AROUND AND PROCEEDED DOWN LAVINA. HE THEN TURNED AROUND AND PROCEEDED SOUTHBOUND DOWN THE WEST SIDEWALK OF BROADWAY. I FOLLOWED CATCHING UP TO HIM AT THE MIDWEST CU. HE TURNED OFF INTO THE PARKING LOT. HE CIRCLED BACK OUT ONTO BROADWAY. HE THEN JOINED BACK UP WITH THE LARGE GROUP AT BROAWAY AND TAYLOR. I HAD NOTIFIED THE SOUTHWEST CHANNEL OF THE PURSUIT AND SEVERAL UNITS WERE CLOSE BY. THE GROUP CONTINUED NORTHBOUND ON BROADWAY. I CONTINUED TO WATCH A. HE FINALLY STOPPED JUST NORTH OF TAYLOR ON BROADWAY. I ADVISED A. TO PUT HIS HANDS BEHIND HIS BACK. HE WOULD ONLY ASK WHAT DID I DO. I GRABBED HIM BY THE RIGHT HAND AND CUFFED SAME. I PHYSICALLY BROUGHT HIS LEFT HAND BEHIND HIM BACK AND CUFFED IT. HE WAS SEARCHED AND THE CUFFS WERE DOUBLE LOCKED AND CHECKED FOR SPACING. JUST BEFORE GETTING INTO THE CAGE CAR A. ASKED IF HE COULD SPIT, HIS MOUTH WAS A LITTLE DRY. I ADVISED HIM GO AHEAD HE WOULDN'T BE DRY IF HAD NOT FLED FROM ME. HE RESPONDED HE HAD FLED FROM ME. OFFICER ADDISON WAS PRESENT AND WAS RECORDING AUDIO AT THE TIME. VIDEO # 09F045180. OFFICER MIETZ MADE THE TRANSPORT TO LOCK UP WITHOUT INCIDENT. A. WAS TURNED OVER TO LOCK UP WITHOUT INCIDENT. A.'S BICYCLE WAS LEFT WITH ANOTHER RIDER AT HIS REQUEST.

Date Stamp:Fri Apr 24 23:29:36 EDT 2009

—-end transcript—-

So there's what the ride downtown looked like from the police point of view.

A few thoughts of my own:

"They had three lanes of Jefferson Blvd. blocked as they circled the second time."

Annoying maybe, but this is like saying from a cyclist's point of view that cars/trucks have all the lanes of traffic blocked all the time. Bikes are traffic, not a blockage. This is where We Are Traffic! comes from of course. Though:

IC 9-21-11-6

Lane use restrictions; riding two abreast

Sec. 6. A person riding a bicycle upon a roadway may not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
It doesn't specify per-lane or not.

I think the more important thing isn't nitpicking the code, though, but maintaining our end of the "sharing the road" part. Even if bikes can take up every lane on a technicality, it's still not a good idea. It's bad enough that the mindset revealed here is that bikes in a lane make it "blocked."

That part where the ride went the wrong way down a one way street? That was just dumb. Just because the lead does something like that doesn't mean everyone should follow. I tried going around and avoiding that but I would have lost the group even more at that point.

As for fleeing: Trey A. may honestly not have realized he was being singled out, I don't know. I don't know how the officer addressed him; I can't imagine "you on the bike!" was terribly effective. But I was not close enough to the lead bikes to have seen or heard this. I did see the cruiser driving aggressively around the cyclists, however.

I also notice there is no mention of the cyclist who was knocked down in the process of the final stop of Trey A. I've only once been subjected to a stop on my bike, and that was in Muncie. I was riding home from work, and a cruiser pulled alongside me. The officer immediately "blooped" its sirens, gunned the engine and cut me off by quickly pulling into a drive ahead of me and across my path. I barely managed to keep from hitting the fender and going over the hood. All that over a (supposed) report of "a suspicious person in the area" and to paw through my messenger bag and then send me off. Apparently asking me to pull over was out of the question.

An "assault stop" like that may not seem all that dramatic from inside a big metal car, but it's a lot different when you almost get splatted by that car. It also leaves a permanent bad impression on the subject of that stop. Here, the cyclist getting knocked down might not have been an injury situation, but it certainly isn't going to improve anyone's opinion of the tactics used. People in comments have obviously remembered it and are going to wonder why it wasn't even mentioned in the official report. And given my experience with those sort of tactics, I can understand if the cyclist who got tagged is one more person now wary of the police. Especially since the person who got knocked around wasn't even the person the police were after.

Those are some of the thoughts I've had. Anyone else?

9 comments:

Anonymous said...

Based on reading the report, Trey was asking for trouble.

First off, corking is illegal. Period. So is driving down a one-way the wrong way.

How many times should he be asked to stop? I count 5 times. The officer's lights were on. At one point he pulled up right next to him and told him to stop. Trey also rode down the sidewalk at one point, another violation.

He left the group and cut through Power's and Midwest Credit Union's parking lots. That would seem to be evading to me.

Guilty as charged.

Anonymous said...

When I was a kid I remember wanting to grow up to be a police officer so I could bust the real scum in my city. Particularly people who ride bikes as a group once a month and commit a traffic violation.

Fort Wayne is a safer place with this thug behind bars.

Anonymous said...

Cops are, generally speaking, not interested in public safety or enforcing the SPIRIT of the law at all. They want things to run smoothly, that's all. Many (in my experience most) of them use their position to intimidate and bully anyone they encounter.

Any disagreement on the part of the non-cop is met with hostility and aggressive posturing and/or the threat of jail. The only way I've ever had cops treat me as a person and not a perpetrator is to "play the victim card" and set up the interaction in such a way that I seem to be in need of help (i.e. mechanical issues, injury, needing directions is a good one).

No interaction with the police is good. If I had been that guy, I'd have made a concerted effort to evade pursuit.

On the other hand, I think Critical Mass is bullshit. Lots of people pissing off drivers for no good reason at all. If you wanna ride your bike safely, Critical Mass ain't helping.

Anonymous said...

lol...how can anyone intelligently argue this fool did no worng? you must set aside your cyclist enthusiasm, and out grown yet still present teenage angst, and look at the facts here..he was asked to stop and he clearly pursued a route that was beyond a doubt intended to flea from the officer.. guilty as charged bottom line. Weed out these bad apples and dont let them around your group.. riding bixes isnt about controlling the streets on your mad rad fixe you ordered in 08... go to any other city even indy.. its about equality of the road, granted the bike comes with perks and you can weave and split traffic at your own risk... i guess what this boils down to is he knew he did wrong or eles why would he not have just stopped and talked to the cop..judge throw the book at this fuck up

Anonymous said...

Guilty...sure
A little riduculous on the part of police... also sure

Anonymous said...

Yeah, let's skip the nitpicking about '2 per lane', cuz that's some sh!t. It's 2 abreast, period. Some of you oughta realize that Joyner is a cyclist himself.

This whole "What did I do?" sh!t is old, too. Nobody's required to explain why you're being detained until you are under control, from THEIR point of view. You are NOT gonna win a legalities argument out on the street. Trust me -- cops, who are expected to know the laws they enforce, frequently DON'T! A few years ago, I had a senior PD official, off-duty, ORDER me onto the sidewalk! I didn't do it, as the sidewalk was 2 feet deep with plowed snow from the street, but he's supposed to know better, right? (BTW -- there are a few areas of town where sidewalk riding is illegal, but generally, it isn't.)

MichaelK said...

Anon 3:57 - I feel I should point out that the only reason Michael Joyner gets mentioned is because of his refusal to release a public record. He didn't have anything to do with the CM itself, as far as I know.

Anonymous said...

Behavior as described in this police report is why I hate the Critical Mass assholes, they make it worse for those of us that ride every day.

Try Critical Manners rides, way more fun and safe, plus it teaches youngsters to respect traffic, not fuck with it.

Next douche I see holding his fixie in the air like some trophy gets booted in the nuts.

Randy said...

It sounds as if he was being somewhat unruly to the officer. An idea that I thought about is, why not invite the FWPD to ride with the Critical Mass? If I remember correctly, do they not have a Bicycle Division? I'm sure I have seen them rolling around town. If they are on a Bicycle Patrol, it would be assumed that they themselves are bicycle enthusiasts right?

I know this is a somewhat outdated reply, but I am just now becoming interested in the CM, and want to support it!