Video sparks controversy

On the afternoon of June 10, Joseph Rosales was driving his truck along Pillsbury Road in north Chico when his dog jumped into the front seat, distracting Rosales enough to cause a crash that left his vehicle on its side, up against an awning support beam. What happened afterward has taken the Internet by storm and led to allegations of police brutality toward Chico Police Officer David Bailey, the first to respond to a 9-1-1 call for help.

An onlooker took video of the crash’s aftermath in which Bailey approaches the vehicle and Rosales, who is standing inside with his head barely visible above where the driver’s side door is open skyward. Bailey first asks if anyone else is in the vehicle, to which Rosales answers, “My dog!” Bailey then starts ordering Rosales out.

The video, which has been edited in at least two spots, shows Bailey getting increasingly urgent in his demands for Rosales to exit the vehicle. A beam supporting an awning above the two men is clearly compromised. Rosales repeatedly mentions his dog, including, “I can’t hear him!” and appears to make no attempt to climb out of the truck. Bailey replies, “I don’t want to get killed because you want to get your dog.”

At this point, Bailey reaches over to grab Rosales’ arm, twists it, and finally is able to pull the 64-year-old up and out of the door amid a few cries. In the process, Rosales’ leg is caught in a seatbelt and a female onlooker moves in to free him.

All of this takes place in a matter of minutes, as far as can be seen on YouTube. (The YouTube poster did not reply to a request for an uncut version of the video.) The arm twist is what really has people crying “police brutality” all over the Internet and on television news reaching as far away as Britain. But did Bailey act brutally? Critics argue that Rosales, a crash victim, was probably in shock, feared for his dog’s life, and did not deserve to be treated like a criminal.

In a news segment on KRCR following the incident, Rosales claimed Bailey brutalized him and promised to file a lawsuit against the police department.

“Nobody should be treated the way that I was. Period,” Rosales said on air. “Especially if they are in a car wreck. The Chico police officer hurt me worse than the accident did.”

Rosales’ son, Joe Rosales, who also lives in Chico, was outraged when he saw the video. He preferred to limit his comments because he is seeking legal counsel for his father, but he did say he believes Bailey was out of line when he pulled his father from the truck.

“Within the context of that situation, that police officer should have never attempted to get him out of that car,” the younger Rosales said. “He should have called emergency personnel and made that vehicle more accessible.”

Chico Police Lt. Mike O’Brien understands that point of view, but offered a different take on the incident.

“When we look at allegations of excessive force, we have to look at the context—in this case it just wasn’t someone in a vehicle needing help. This was somebody who was in jeopardy and putting the officer in jeopardy as well by not coming out as directed,” O’Brien said during a recent phone interview. “From what I can tell, that awning had been structurally compromised and it posed a potential threat to both the car accident victim and to Officer Bailey.”

The maneuver Bailey used is called a “twist lock,” which O’Brien explained “we use all the time in doing searches.”

“When we do what we call a cursory search and we’re patting someone down, that’s a hold we utilize to maintain control of someone,” O’Brien said. “It’s one of the least impactful uses of force that we utilize.”

Bailey’s actions are being investigated by the Chico Police Department, O’Brien said. Because of that, Bailey was not available for comment.

“It’s kind of unfair, because everyone else gets to comment except him, but that’s the way the system works,” O’Brien said.

In cases where allegations of excessive force have been made, the department uses guidelines set forth in the 1989 Supreme Court decision of Graham vs. Connor, which established a three-question test to measure whether an officer’s actions should be considered excessive. Those questions, according to police news website PoliceOne.com, involve the severity of the crime believed to have been committed; whether the suspect presents an immediate threat to officer or public safety; and if the suspect was resisting arrest or attempting to escape.

“We look at Graham vs. Connor because it speaks to the mindset of the officer and the facts and circumstances at the time he or she is utilizing that force,” O’Brien explained. “We look at the totality of the circumstances, not just a segment of them.”

Rosales’ son said he’s pleased the police department is investigating Bailey’s actions.

“I want the truth to come out,” he said. “I hope whoever has done these things is held accountable for them. It’s just not right. I feel like my dad was abused.”

Like many of the Internet commenters, he maintains that as the victim of a crash, the elder Rosales should not have been treated as he was by Bailey.

“I know how it’s being played out—we have an accident victim, and an officer using force. For some people that doesn’t make sense,” O’Brien said. “You have to look at it not only from the very surface, but deeper—what was in the officer’s mindset at the time? What were those details that were causing him to react in the way that he did?”

Until the investigation is completed, the jury will be out on whether Bailey’s use of the twist lock and pulling Rosales from his vehicle was warranted. In the meantime, it’s sparked a lively discussion about how police and citizens interact in different situations.

The son assured the CN&R that his dad’s dog is fine. His father, however, is still recovering from the ordeal.

“This [video going viral] may be a good thing in the sense that it allows us to have a rational conversation about police work and the sometimes unpleasant side of police work,” O’Brien said. “Uses of force are not always pleasant to see. It can be shocking, and difficult for people to see, but it doesn’t make it wrong. We have to be able to have that conversation as a society. When it comes to police work, it’s a tough job and sometimes we need to use force.”