PORTLAND KILLER COPS RESULT OF MIRRORED POLICIES

Osborn severly beat five other people. One woman was handcuffed and then Osborn slammed her face into the pavement several times until she was unrecognizable. She was "convicted" without a jury of "assualting" Osborn in a court full of heavily armed uniformed cops

Sometimes these killer cops are "transferred' to Northwestern States while a controversy cools down

When state trooper Arthur Jesse Osborn shot and killed a driver at a Kenai Peninsula highway pullout more than a year ago, he told investigators he fired his pistol out of fear that the man was going to ram another trooper with his car.

But new information about the case shows that Osborn's worry wasn't shared by the trooper he said he was protecting.

Just hours after the shooting, the second trooper, Joe Whittom, expressed serious doubts to a trooper investigator, saying, "I didn't see that shots were warranted in this situation," according to an Alaska State Troopers investigative report recently obtained by the Daily News. Whittom said he was shielded behind his car and didn't feel endangered.

Casey Porter, 30, was shot four times. He died at the scene.

Troopers eventually concluded that the shooting was a case of justifiable homicide, and prosecutors decided not to file charges against Osborn. He remains on the force.

But many of the specifics of what happened were never made public.

Now, new details have emerged about the Jan. 4, 2003, confrontation, including the troopers' written report, a dramatic audiotape of the encounter and a video re-enactment made by the troopers. For the first time, Whittom's and Osborn's accounts of what happened are revealed.

Investigators questioned both troopers at length. In his second interview, with a trooper sergeant, Whittom eventually backed off his initial statement and said he must have felt some fear.

The records recently were turned over by the state to an Anchorage attorney who is suing the state and Osborn over the shooting on behalf of Porter's two children. The lawyer, Bill Azar, made them available to the Daily News.

The Alaska Department of Public Safety refused for more than a year to release the trooper report because of the lawsuit and concerns for the personal privacy of those involved, and state officials have declined to answer questions about the shooting. From the start, the troopers put forward Osborn's explanation. A statement written the day it happened described him as "fearing for the second trooper's life and well being." A trooper who notified Porter's grandmother of his death said he "went right at another trooper with his vehicle."

But the information withheld by troopers raises serious questions about Osborn's decision to shoot.

Porter was shot just 58 seconds after the encounter began. Between the tape recording and subsequent interviews with the two troopers by investigators, a detailed picture can be drawn of what happened and what the officers were thinking.

'A FAILURE TO YIELD'

Early the morning of Jan. 4, Porter was sitting in his 1988 Mazda sedan in a pullout on Kenai Keys Road off the Sterling Highway, just east of the community of Sterling.

A state snowplow driver saw the vehicle parked in the pullout over a period of several hours. Just before 2 a.m., he reported it as suspicious.

Two young officers responded in separate patrol vehicles. Osborn and Whittom were both 26 years old and in their second year on the trooper force after stints as corrections officers. Whittom had come from Bethel, and Osborn was from Seward, where he had worked at Spring Creek Correctional Center, the state's only maximum security prison.

The day before the shooting, Osborn had been feeling ill with a sore throat, he later told investigators. He came in early anyway on overtime for drunken driving patrol duty.

Osborn reached the pullout first, at 2:07 a.m. His police dog, Custa, was with him in the back of the Ford Expedition.

Porter had backed up his Mazda to a snowbank. His seat was reclined. At first it looked like the car was empty, Osborn later told an investigator. Then Porter's head popped up.

Osborn didn't know it, but Porter was naked from the waist down. He appears to have soiled his pants using the bathroom. Porter was disabled from a car crash the previous August in which he broke his back and neck. His mother said he suffered bowel problems, which are common with spinal injuries. He also used a cane to operate the clutch of his car, she said.

The position of Porter's car made Osborn uncomfortable, he told investigators later. Officers are trained to pull up behind a vehicle, he said, but the snow was too deep. Osborn parked facing the Mazda and flipped on his flashing emergency lights.

Porter started to pull away slowly, Osborn recounted, beginning the rapid-fire chain of events that led to the shooting.

The trooper stepped out of his vehicle and drew his weapon, a .40 caliber semiautomatic Glock handgun.

Whittom, meanwhile, had pulled in near the parking area exit, maneuvering his car to block Porter and then backing up to avoid being hit when Porter didn't immediately stop. He turned on his flashing lights too. "We are having a failure to yield," Whittom radioed to dispatchers.

Osborn trotted alongside Porter's Mazda, yelling at him to stop.

After going an estimated 40 feet, Porter stopped. But he didn't get out. Several times he raised his hands, then brought them down, as if he were reaching for something, Whittom later told investigators.

Osborn turned on the tape recorder he carried in his front vest pocket. Troopers are encouraged to record encounters, especially if they seem unusual. On the tape, Osborn's demeanor during the confrontation appears agitated; Porter seems to answer calmly.

"Get out of the car, now!" Osborn yelled at Porter.

"What's wrong, sir?" Porter said.

Whittom began giving orders too.

"Throw up your hands! Get in your veh- -- get out of your vehicle!" Whittom yelled.

"OK. No, no problem. I'll back up," Porter said.

"No, you won't back up, you will get out of the car now," Osborn responded. "Do you understand me?"

"Yes, sir," Porter said.

The orders were confused at times.

"Open the door, close, now!" Osborn yelled.

Osborn shouted at Whittom to get out his Taser, an electric stun gun.

When Porter failed to open his car door, Osborn tried to do so himself. The outside handle had been replaced by a cable, which Osborn pulled on. The door wouldn't open.

"Turn off your vehicle!" Whittom shouted at him.

"What's wrong, sir? I was just parked," Porter said.

Porter started to roll up the window. It was open about four inches when Osborn pulled out a nearly full canister of pepper spray and, without warning, blasted it through the crack, aiming at Porter's head. Porter was turned so that the spray mainly hit him on the side of the face, Osborn said later. Pepper spray ran in streaks down the window and misted the inside of the car.

The tape captures the hiss of the spray and Porter's response.

"Ahhh," he groaned. "I didn't do nothing!"

Those were his last words.

FIVE SHOTS

Porter hunched into a fetal position and put his hands over his face or wiped his face, Whittom said later. He then snapped his head up and gripped the steering wheel, according to the accounts of both troopers.

The tape records just one final command after the pepper spray.

"Get out!" Osborn said.

Instead, the engine revved up and Porter started to drive away. The tires spun on the ice, both troopers told investigators.

Six seconds had ticked by since Osborn used the pepper spray.

Osborn shot five times, hitting Porter three times in the back and once in the shoulder. Osborn radioed in about the shooting and asked for medics.

"You OK, Whittom?" Osborn asked, according to the tape recording.

"Yeah," Whittom said.

"He was headed straight for you," Osborn said. A moment later, he added: "God, I thought he was gonna kill you."

Osborn checked for a pulse and didn't find one but still was unsure if his shots had hit Porter. So he smashed a passenger window to get into Porter's car and handcuffed him.

TROUBLED LIVES

The two troopers didn't know who was in the car until after the shooting. As Osborn glanced around the Mazda, he spotted Porter's cane, noticed a tattoo and thought he recognized Porter from once trying to serve an arrest warrant, he told investigators.

Porter was a big man with striking red hair who grew up in Nikiski. He played football for Nikiski High and was the state champion heavyweight wrestler in 1990. Among his tattoos were a banner that included his daughter's name and, on his shoulder, "Mad Dawg" spelled in flames. Before being injured as a passenger in the car crash, he had worked in a cannery and as a welder.

His adult life was troubled. Porter had a long record of misdemeanor crimes, including assault, driving without a license and resisting arrest, as well as felony evidence tampering.

At the time of the shooting, he was facing a new, serious charge of sexual abuse of a minor and was wanted for violating the terms of his release from jail. His driver's license had been suspended.

He may have been living out of his car. A suitcase in the trunk was full of clothing. A letter about back child support was in the glove box. Court paperwork and a Permanent Fund dividend application booklet were in the back seat.

Trooper Osborn also was a state champion wrestler, winning at 125 pounds for Seward High School in 1995. He never was boastful in his wins, his mother, Sherry Osborn, wrote in a letter to the Daily News last year after the shooting. When he was 12, he saved a drowning man and didn't even mention it when he came home all wet, according to his mother.

He saved money from working weekends and after school to buy six acres of land and hosted drug-free parties on it, she wrote.

He married at age 19 and had two children. But by the time of the shooting, the marriage was breaking up.

As a trooper, Osborn was a skilled marksman, earning an expert patch for a high score at the trooper academy. He also was acquiring a reputation as aggressive for pepper spraying and roughing up suspects, which came to light after the shooting through interviews with defendants, their lawyers and others. He tussled with a lost Japanese tourist, arrested a motorist dealing with leaky propane tanks and frightened a Nikiski store owner who had been burglarized, among other encounters.

Last April, Osborn's estranged wife testified in a civil domestic violence hearing that he had become increasingly stressed and erratic. They later divorced. She was fearful, she testified, because of how he treated people on the job. When they were together, he would brag about people he "beat up" because they made comments that he was young or short, she said. As far as inmates or suspects were concerned, she testified, "his exact words were they weren't people, they were lower than dirt."

DEADLY FORCE

Both Osborn and Whittom were questioned several hours after the shooting and more extensively the next day. Troopers from the Criminal Investigation Bureau in Anchorage headed up the inquiry.

"It was obvious that law enforcement was there, and he didn't want to have contact with law enforcement," Osborn said the next day, explaining why he had drawn his gun. "He doesn't want to talk to me, and I'm concerned to the point where I believe I should have my weapon out, you know, in the event that I have to protect myself or somebody else."

Porter, he told investigators, was "kind of elusive and ... I felt more like he was buying time than complying," according to a tape recording of the interview.

After spraying Porter, Osborn told investigators, he felt more comfortable because he could see Porter's hands. He said he kept tugging at the cable, trying to yank the door open.

Whittom also drew his gun but told investigators he had wanted to use caution.

"I remember seeing the driver look directly at me, look back at trooper Osborn, look back at me, kind of had a confused look on his face," he told investigator Dane Gilmore in his first interview the morning of the shooting. Porter, he said, "brought his hands up and then would bring his hands back below sight to where we couldn't see them."

When Osborn pepper-sprayed Porter, Whittom quickly put his gun back in his holster and reached inside his car for the radio, he said.

"I'm watching the vehicle," he said. "The driver sits up, has his eyes open, he grabs a hold of the wheel with both hands and I could hear the car's engine rev up and the tires spinning on the ice."

Porter's Mazda had stopped about 10 feet from Whittom's Crown Victoria, Whittom estimated; Osborn described the distance as a car length. The cars were at roughly a 45-degree angle to each other, with the Mazda headed his way, Whittom said.

"I wasn't afraid for myself at that point," Whittom said. " I was just trying to figure out what was going on."

He again pulled his gun and was halfway out the door, not yet standing up all the way, and "trooper Osborn's already ... firing into the vehicle," he told Gilmore.

Osborn repeated to investigators what his tape captured in the moments after the shooting: He thought Porter was aiming his car directly at the other trooper.

"I know that the path of his travel and his acceleration, the rate he was accelerating and the fact he was gripping the wheel tightly, looking straight forward, knowing exactly where he was going, that he was going to run over, kill, maim or otherwise end trooper Whittom," Osborn told trooper Sgt. Randel McPherron and investigator David Hanson.

"And that's at the point when I raised my weapon and fired," he said.

The situation might have been right for a Taser, or stun gun, but things happened too fast, he said.

He also noted that he didn't shoot the instant Porter's car began to move again.

Whittom told investigators that Porter never got much traction, and by the time the Mazda bumped the front of Whittom's patrol car it was going just 5 to 10 mph, he estimated. The impact pushed the patrol car into Whittom's leg but didn't hurt him, he told investigators.

Whittom remembered his immediate feeling of disbelief.

"My initial thought was ... the shock. I couldn't believe that shots were fired in a situation like this," he told investigator Gilmore. He said he felt shielded by his trooper car. "I didn't feel any danger to myself" when, as he put it, the driver "decided to gun it."

The next day, in a longer interview with McPherron, Whittom eventually revised his statement. At first, he repeated his account. He was asked what he had been thinking when Porter was shot.

"Shock," he said. "Disbelief that, what has happened. ... Kind of felt like what had just happened was maybe premature." He remembered "maybe feeling that deadly force wasn't necessary at that time."

He thought Porter was fleeing and was concerned he'd damage his patrol car, he said.

Then, as McPherron continued to question him, Whittom noted that he had drawn his gun and was on guard.

"OK, so at any time did any of these, the guy's actions, the suspect's actions place you in fear for your own safety?" McPherron asked.

"He must of," Whittom answered, remembering the way Porter had gripped the steering wheel. "... At one point, I thought about pulling the trigger."

Later in the interview, Whittom explained further.

"His vehicle was pointing right toward me and I must have felt some sort of fear or something to go ahead and get into a fighting stance," Whittom said.

Whittom told investigators that he had said to Osborn the morning after the shooting that "I thought it was messed up, but that was then, and right now -- I had a totally different view of what was going on. ... A lot of my view was obstructed."

Whittom said he wasn't paying full attention to Porter or his own safety. He said he was momentarily preoccupied with trying to reach dispatchers on the radio.

After thinking it over, Whittom told McPherron he was "maybe a little bit more comfortable with what happened out there," especially considering how it could have turned out.

The day after Porter was shot, the investigators took Whittom and Osborn back to the pullout to re-enact the encounter. Another trooper played the role of Porter. The videotape of the re-enactment appears to create a slightly distorted picture of the incident when compared with the audiotape. In each of three takes, Osborn issues more commands and takes about twice as long to shoot after blasting the pepper spray as in the actual encounter.

EXCESSIVE FORCE?

Troopers wrapped up the investigation on Feb. 18, 2003, calling what happened a justifiable homicide, according to a form included in the report. They forwarded the investigation to Kenai District Attorney Dwayne McConnell, who notified troopers in March that no criminal prosecution would be brought against Osborn.

McConnell would not answer questions about his handling of the Osborn matter because of the lawsuit.

The civil suit filed by Azar against Osborn and the state seeks damages of more than $1 million. It is still in the early stages. Porter's two children would benefit if any money is paid, Azar said. Danielle Gordon, Porter's ex-girlfriend and the mother of one of the children, is the named plaintiff, on behalf of his estate.

The lawsuit contends Osborn assaulted Porter with pepper spray, then shot him either negligently or with intentional, excessive force. The state also was negligent, in hiring, training and supervising Osborn, the suit asserts.

The trooper used excessive force against many people in his short time on the force and the state failed to put a stop to it, the lawsuit contends.

Porter couldn't have attained much speed at the point Osborn shot him, said Frank Schlehofer, an attorney in Azar's office working on the case. In those few seconds, Porter likely was still reacting to the pepper spray, Schlehofer said. He traveled only a few feet and there were no deep tire gouges in the snow, he noted.

Porter would have had to drive in a wide arc to have run into Whittom and wasn't aimed that way, Azar said.

Porter's cane could have slipped off the clutch when he was pepper-sprayed, or he simply could have been trying to get away from the spray, Azar said.

A reasonably prudent officer wouldn't have fired, he said.

"All of it points to a guy who really overreacted under the circumstances, just as he did all his life," Azar said.

It's unknown whether Porter was temporarily blinded by the pepper spray.

Pepper spray foggers like those used by troopers are most effective from a distance of at least three feet, said Pride Johnson, owner of the Montana company that makes Counter Assault, the brand troopers use. Blasted at closer range to the side of the head, pepper spray probably wouldn't get in an individual's eyes, he said. If it did, the person would be temporarily unable to open them, Johnson said.

But the spray still could cause excruciating pain to skin, he said, especially in sensitive areas such as the genitals.

People sometimes panic and do whatever they can to get away from the burning spray, he said, recounting his own experiences being accidentally sprayed at the plant.

The autopsy report noted a large amount of dried pepper spray on Porter's right thigh and also mentioned it in other areas, including a spatter on his left cheek and neck area, and possibly on his left eyebrow.

Trooper policy allows deadly force if the officer has no reasonable alternative and believes it is necessary to save a life or prevent serious physical injury to the officer or another.

The state maintains in court papers that the shooting was justifiable. It occurred only after Porter was pepper-sprayed and, the state argued in its answer to the lawsuit, tried to run over Whittom.

Porter drove away from Osborn despite commands to stop and the troopers' flashing lights. There was a warrant for his arrest. He was driving without a license and tests later determined that he was under the influence of drugs, according to the response filed by assistant attorney general Eric Aarseth.

While it's not clear what Porter was doing at the pullout, evidence compiled after the shooting offers likely possibilities.

Human waste was found near where he had been parked. A pile of clothing in the back seat that included jeans and underwear was wet and smelled of urine.

His mother, Kristie Porter, told the Daily News he was embarrassed by how difficult it was for him to use the bathroom. It took him an hour or more to complete a bowel movement through an involved process, she said. There's evidence he was in the middle of that when Osborn came upon him.

There also was a paperback novel on the front passenger seat and what appeared to be a drug pipe. Tests after his death showed large amounts of marijuana and methamphetamine in his system, according to toxicology results included with the trooper report.

Troopers found a folding knife open on the console behind the stick shift, but Osborn said he never saw a weapon in Porter's hands.

Troopers also found a wooden cane between the door and the driver's seat.

THE MEMORY LINGERS

The FBI investigated the shooting as a possible civil rights violation and in February 2003 submitted a report to the U.S. Department of Justice Civil Rights Division in Washington, D.C. The case, which is in the criminal section, remains open, said a spokeswoman for the Civil Rights Division.

Whittom now is based in Kotzebue. He said in a recent telephone interview that he requested a transfer because he is from Western Alaska and wanted to return to rural Alaska. The memory of the shooting lingers at the back of his mind, he said.

"You can't say it doesn't affect you, because it does. You try to take those experiences and hope it makes it better next time," Whittom said.

He declined to answer questions about the shooting itself but said he wouldn't have changed his own response. Troopers train at the academy for worst-case scenarios and use that along with their experiences when they are in the field, he said.

"Your No. 1 priority is to get home safely to your family," Whittom said.

Osborn remains a trooper. Because of the shooting, the lawsuit, difficulties in his personal life and other stresses, he was transferred last February to a headquarters job based in Anchorage.

On March 16 of this year he was moved again, into an Anchorage job transporting prisoners and doing research.

He has not worked patrol since last year, according to an official with the Department of Public Safety.

Efforts to speak with Osborn directly were unsuccessful.

Over a year ago, as McPherron and investigator Hanson wrapped up their interview with Osborn, the trooper talked about how he was faring under the investigation.

"I know why I did what I did, and I have absolutely nothing to hide and so it doesn't bother me at all," he said.

Daily News reporter Lisa Demer can be reached at  ldemer@adn.com and 257-4390

The exchange between Casey Porter and trooper Arthur Jesse Osborn at a pullout off the Sterling Highway turned deadly in less than a minute. Here is an excerpt from a transcript of the tape recording Osborn made of the encounter. The recorded dialogue began about 20 seconds after Porter began to drive away. Trooper Joe Whittom was standing just outside of his patrol car nearby.

Osborn: Get out of the car, now! Get out of the car.

Porter: What's wrong, sir?

Whittom: (Indiscernible)

Osborn: Get out of the car.

Whittom: Throw up your hands, get in your veh— get out of your vehicle!

Porter: OK. No, no problem. I'll back up.

Osborn: No, you won't back up, you will get out of the car now.

Whittom: No! Get out, now!

Osborn: Do you understand me?

Whittom: (Indiscernible)

Porter: Yes, sir.

Osborn: You will get out of that car — show me your hands! Open the door, close, now!

Whittom: (To troopers dispatch) Soldotna, 1-E-20 (his trooper ID code), we got him stopped.

Osborn: (To Whittom) Get that Taser out. (To Porter) Open the door now.

Whittom: Turn off your vehicle!

Porter: What's wrong, sir? I was just parked.

Osborn: OK, open the door now.

(Two seconds later, there's the sound of pepper spray.)

Porter: Ahhh. I didn't do nothing!

Osborn: Tell him he's been sprayed. Get out!

(Five shots fired.)

Osborn: Shots, shots fired. Soldotna, 1-E-16 (his trooper ID code), shots fired. We're 10-60 (OK). Get medics 10-19 (to the scene). You OK, Whittom?

Whittom: Yeah.

Osborn: He was headed straight for you.

Whittom: (To dispatch) Soldotna, 1-E-20 ...

Osborn: 10-4, suspect. (Pause) It's the Kenai Keys pullout. I can see his hands. I believe he's 79 (dead). I can't see his, I can see his right hand. Are you OK, did your car hit you?

Whittom: No, he hit my car.

(Pause)

Osborn: God, I thought he was gonna kill you. He doesn't-- he's not wearing any pants.

Whittom: Yeah.

Osborn: Looks like there's a marijuana pipe in the front. OK. It doesn't look like he has any weapons, let's get him out of there. I couldn't open the door, I tried. (Pause) OK, I'm gonna holster my weapon, keep him covered. (Pause) You sure you're OK?

Whittom: Yeah, I'm OK. It's ...

Osborn: God, I saw him hit that car.

Whittom: (Indiscernible) the vehicle bumped me a little bit and kinda ...

Osborn: I saw him hit the gas and he was headed straight for you aiming with his steering wheel. (Pause) I'm gonna check pulse. I'm gonna handcuff him first, he was still clenching his fists a second ago. (Pause) All-right, that glove's not working.

(Radio traffic in background)

Osborn: Just cover him. He's still moving, I think that's just a reaction however. I'm gonna get in the passenger's side, cuff him. (Pause) It's locked. I'm gonna break it out with my baton. (Sound of baton breaking passenger side front window) 10-4, we're 10-60 (OK), I believe the subject's 10-79 (dead). (Pause) 10-4 and we are 10-60. Just cover him from the rear. (Pause; sound of radio traffic in background) OK. Time is 0216. Suspect isn't wearing any pants. No me— no vehicles have been moved since point of impact when Trooper Whittom's vehicle was struck. Trooper Whittom was on the other side of his vehicle, the side that had moved towards, instruct the suspect to stop and not move his vehicle. He immediately hit the gas, grasping the steering wheel with both hands, aiming for Trooper Whittom with his headlights on. I fired on the suspect. He's believed to be deceased at this point. He's been restrained. We don't see any weapons right in the vehicle immediately. Looks like some pornographic material. Suspect's not wearing any shoes. Looks like he's got a cane. I, I believe I know who this is. He was a suspect. I, I believe he's 10-99 (wanted). I'm gonna make a phone call, be off record.

violent poster boy blond copo,kent l. poortinga of bellingham wa. police dept.badge 208.very racist and violently abusive.a black man was run over and killed by a white man shouting 'damn niggers' out his car window.police 'chief' randy carrol said this was not a hate crime.i guess if you kill a black man and use racial slurs ,that doesent count as hate.btw this black man was a mall security guard who was followed home by young men who didnt like being kicked out of mall.the killer admitted that he didnt like the way the guard looked at him.well a lot of 'minorities' in bellingham dont like the way whites look at them and stare.a black friend told me a middle class woman went and told a storekeeper that 'that man was staring at me'.i suppose racists in bellingham always assume a black person doesent belong or looks 'out of place'.

Don't travel alone especially at night. Three people are best. Lock your doors. Carry a cell phone and call for several people who can come sit around and witness. When witnesses start showing up, they usually pack up and dissappear especially when they have a locksmith trying to break into your car. If you bring kids, they usually get taken and sent to a foster home...

For more than a year, Alaska State Troopers have turned down requests from the Daily News to release the investigative report into the shooting death of Casey Porter.

The state investigation was closed in March 2003 when prosecutors decided not to pursue a criminal case.

The state and trooper Jesse Osborn are being sued over the death. The Department of Public Safety argued the litigation, as well as privacy interests of the people involved, prevented officials from releasing the report to the public.

The state, however, was required to provide the results of its investigation -- including the written report, an audio recording of the incident and a video re-enactment -- to the attorney suing the state on behalf of Porter's children. The attorney, Bill Azar, made the materials available to the Daily News when asked to do so by the newspaper.

After Azar released the materials, the newspaper continued to press state officials for information in the case. Last month, the state went to court asking a judge for permission to release the written report.

Eric Aarseth, an assistant attorney general, contended Azar should never have provided the records to the newspaper and in doing so broke a rule of professional conduct. But since Azar already had provided the material, the state wanted to make sure the newspaper had the whole story, Aarseth wrote in a motion to release the state's written report.

The state also sought to prevent either side from releasing information in the future without a judge's approval.

In a court filing, the newspaper's attorney, John McKay, said that amounted to the state seeking "a gag order" and argued that wasn't warranted.

On Wednesday, Kenai Superior Court Judge Charles Huguelet agreed the written trooper report should be made available to the public.

The judge also agreed that there was no proof anyone had violated the rules of professional conduct and that there was no need to restrain either side's communications. He directed the state and Azar to work together in exchanging documents.

The question of releasing the recordings and photographs was left open.

-- Lisa Demer

USE OF FORCE CONTINUUM
This Use of Force Continuum is from the Alaska State Troopers
The court case is just one of many
to demonstrate what I proffer is true.


What people are not understanding is that the police, firemen, FBI, ect are all members of a paramilitary organization(s) They have been militarized and not not civil officers to which they appear to want us to believe they are. Ask them? I have the commissioning documents on the AST, but this is not included as yahoo will not pass all of the info in one post. If wanted, e-mail and I will forward.

They use the Use of Force Continuum against us. All Police Force types will have a policy and procedures manual, which will have a Use of Force Continuum contained within. You may have to lean on them to produce the Use of Force Continuum parts, as they don't want the public to know who they are and what they are doing.

FROM Alaska State Troopers Use of Force Continuum parts:

1. First read the 107.101 intent of the disclaimer as evidence.
2. 107.020 (A)(1) the purpose of the use of the force is to gain control of a person, ect.
3. 107.020 (B), when practical, a verbal warning should be used before force is being used.
4. 107.020 (C)(1) Can't use force as punishment or retaliation.
5. 107.020 (C)(2) Accomplish the officers "lawful" objectives, etc including physical control.
6. 107.020 (C)(3) can use any level of force
7. 107.020 (C)(4) The Use of Force Continuum
a. Officer presence, uniform
b. Verbal Commands [military orders in reality]
c. Soft hand techniques - grabbing you and a heel hand hit.
d. OC - pepper spray [you will got to jail if they use this]
e. Batons
f. TAZARS
g. Deadly force
8. 107.030 A use of Force Form just be filled out. Ask for it!



So what is happening when a police officer walks up to your car window with his traffic lights flashing or walks up to you in the street.

First he is ALWAYS USING FORCE against you to gain control of YOU and to conduct an custodial interrogation[investigation] and he is instilling FEAR!
Should you not be in FEAR of your LIFE knowing of the Use of Force Continuum that the OFFICER is using, is trained to use, and will not stop until [continuum] YOU SUBMIT while he is carrying weapons of deadly force, OC, and TZAR's to use at his discretion as long as he justifies said use to HIS leaders and the DA?

You can use the am I under arrest, am I free to go and are you conducting a custodial interrogation to invoke your Constitutional secured rights.
After that is accomplished, I would clearly use the words similar to "I am in fear of my life, as I know you have been trained in the use of deadly force and you are now using the Use of Force Continuum and to what ends, I do not know. I see [or suspect] that you have a loaded weapon, OC [pepper spray], a TAZAR and who knows what else upon your person at this time. Is that correct Sir?

Because I am in in Fear of my Life, I, John Doe, under the laws of necessity am giving you some identification. Otherwise, stand upon you constitutional rights, unless your safety or whatever becomes an issue. Being dead or injured, does not justify being right. Live to fight another day.

This should then disable all evidence that could be used against you in any future Complaint or whatever.

But also, if you have demanded Assistance of Counsel, the cop should then be liable to a law suit if he continues, which most of them will. He violated your constitutionally secured right and did not have jurisdiction to proceed. This last part of jurisdiction to proceed, I will be researching out in the near future to validate if true, i.e. exceeded his authority.

To further validate that the Police are Military, we find in the Alaska Statutes the following:

AS 18.65.110 Members not to interfere with rights and property.

Members of the state troopers may not interfere with the rights or property of any person except in a lawful manner necessary for the prevention of crime or the capture and arrest of an offender.

The troopers can not even arrest. They must capture and arrest! Capture means taking by military power, then arrest (civil side). See United States v. Athens Armory, 24 F.Cas. 878, 880 (1868)

Alaska Department of Public Safety Operating Procedures Manual Use of Force


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This is a case from New York explaining the use of force by police.

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