David Vann brutalized by Rochester police officers

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">On September 4, 2015, about 11:30 pm, David Vann, 23, a Black man, went to the A &amp; Z mini- mart at South Avenue and Comfort Street in Rochester, New York. Vann bought a loose cigarette and a bottled drink, then paid with a $20 bill. The store clerk, Dawan Algazali, gave Vann only $11 back in change, which Vann stated was not correct. They got into an argument, and when Vann refused to leave the store until he got his correct change, Algazali forced him out the back door. Vann returned by the front door, and when he still refused to leave, Algazali called the Rochester Police Department (RPD). </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">Video of the incident begins when three white police officers arrive and ask David Vann to leave the store. At first he refuses, but after a few minutes he leaves the store. When Vann walks out of the doorway and turns around to face the officers, Steven Mitchell and Jeffrey Kester grab Vann, put his hands behind his back and handcuff him. While handcuffing his right hand, the officers jerked his right arm up, causing Vann to flinch. Kester then pulls Vann by the head and neck toward the ground while Mitchell pushes him from behind. Kester falls with Vann and Mitchell on top of him; </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">Kester’</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">s leg is broken and he is unable to get up off the ground. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">David Vann is now prone and helpless on the ground. Mitchell yells at Vann and strikes him in the head, then jerks him to his feet and walks </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">him to the police car. With Vann’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">arms handcuffed behind him, Mitchell pushes him against the police car then slings him around in the opposite direction. Drake runs over and grabs </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">Vann, getting his arm entwined with Vann’</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">s. The three fall to the ground, and as they fa</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">ll, Drake’s shoulder </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">is dislocated. He sits down on the sidewalk, unable to move his arm. Meanwhile, Mitchell punches Vann in the head, slams him on the ground, and pepper sprays his face on both sides. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">Other officers arrive and three of them hold the unresponsive Vann on the ground while Mitchell searches him. They then haul him up to his feet and push him back to stand against the rear portion of the police car. Mitchell then pulls </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">Vann’s arms up over his head (still handcuffed </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">behind him) and holds them straight up over his head for almost 60 seconds until the video cuts off. There is a TV news report video showing Vann later in the police car unconscious, being checked by a paramedic. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">David Vann was taken to Monroe County jail where he was held for 22 days and not allowed to communicate with his family. His mother Diana Vann and sister Toya tried to visit him and were turned away each time. Vann was transferred to the Rochester Psychiatric Center, where he was kept until being released in February 2016. Vann was without his freedom for five months. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">On Tuesday, February 14, 2017, David Vann went on trial for two felony counts of assaulting an officer. He had been offered five years of probation by Assistant District Attorney (DA) Michael Harrigan, but he knew he was innocent, so he refused the offer. Vann was represented by </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">Attorney Michael Doran of the Monroe County Public Defender’s Office. Supreme Court Judge </span></p></div></div></div><div class="page" title="Page 2"><div class="layoutArea"><div class="column"><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">Melchor Castro presided over the three-day trial. Twelve jurors were selected on the first day: six white women, two black women, one Latina, and three white men. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">The opening statement by Harrigan on Wednesday revealed that </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">the DA’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">argument was going to be that the police officers were engaged in their lawful duty to arrest David Vann, and in the course of this effort they were injured. The law states that if an officer is injured while engaged in lawful duty, the person who caused that injury may be charged with assault on an officer, even if the person did not actively assault the officer. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">Public Defender (PD) Doran’s opening argument was that the video sho</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">wed what actually happened and the jury should compare what the witnesses say with what they actually see on the video. Vann was innocent until proven guilty and the DA will not be able to prove beyond a reasonable doubt that Vann </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">caused the officer’s inju</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">ries. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">The DA called seven witnesses over the next two days: two video technicians, three police officers, the store clerk, and a store customer. The video technicians testified that they </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">retrieved the store’s video camera and produced a DVD based on what </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">they had been instructed to do by the RPD. The video that was produced and later played by the DA did not include the beginning of the conversation between Vann and Algazali or the section where Vann is pushed out of the store by Algazali. The DVD did not include the end of the encounter </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">with Vann. The last thing on the video is Vann with his hands forced above his head. We don’t </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">know how long that lasted or what they did to Vann after the clip is cut off. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">All three police officers involved in the incident testified: Kester, Mitchell, and Drake. They stated that Vann was argumentative; the video shows him calm. The officers stated that Vann was trespassing; the video shows him leaving the store. Two officers said the reason they handcuffed him was because he had made a fist with one hand and placed it in the other; one said he was cracking his knuckles; the video shows him calmly putting his hands together in front of him. The officers stated the reason they took Vann down was because he was resisting and w</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">ouldn’t let them get the handcuff on one of his wrists; the video shows the officers deliberately pulling Vann’</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">s arm up at an awkward angle while putting on the handcuffs, then when he flinches and turns, they take him down. They said one of the handcuffs </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">wasn’t locked </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">so </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">that’s why </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">they had to take him down; the video shows the handcuffs locked behind him before they take him down. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">Mitchell testified that when he picked Vann up (after Kester broke his leg) and walked him to stand against the police car, Vann pushed himself off the car and resisted him; the video shows Mitchell spin and sling Vann around. Drake says Vann had slipped out of one of his handcuffs; </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">the video shows his hands clearly handcuffed behind him. Mitchell said he gave Vann a “jab” to “</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">distract</span><span style="font-size: 12.000000pt; font-family: 'Calibri'">” </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">him; the video shows Mitchell delivering a roundhouse punch </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">to Vann’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">head. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">The store clerk and store customer did not really add much to the case either way. The DA’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">closing statement focused on how badly the officers were hurt and how they were justified in their actions because Vann </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">was fighting them; he “caused” their injuries. </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">The PD reminded the </span></p></div></div></div><div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">jury to look closely at the video, ask to see it, and stop it at significant moments. Judge Castro gave instructions to the jury that emphasized </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">the parts of the law most favorable to the DA’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">case. </span></p><p><span style="font-size: 12.000000pt; font-family: 'Calibri'">The jury deliberated for about two hours. Three times they asked to view the video, especially </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">the part where Vann is being handcuffed. In the end, they listened to Attorney Doran’s </span><span style="font-size: 12.000000pt; font-family: 'Calibri'">instructions and ignored the lies by the police. They trusted their eyes, they asserted their right to see what happened for themselves and to make the judgement that the District Attorney had not proven his case. David Vann was declared NOT GUILTY by the jury on February 16, 2017! </span></p></div></div></div><p>&nbsp;</p>

<div class="page" title="Page 1"> <div class="layoutArea"> <div class="column"> <p>On September 4, 2015, about 11:30 pm, David Vann, 23, a Black man, went to the A &amp; Z mini- mart at South Avenue and Comfort Street in Rochester, New York. Vann bought a loose cigarette and a bottled drink, then paid with a $20 bill. The store clerk, Dawan Algazali, gave Vann only $11 back in change, which Vann stated was not correct. They got into an argument, and when Vann refused to leave the store until he got his correct change, Algazali forced him out the back door. Vann returned by the front door, and when he still refused to leave, Algazali called the Rochester Police Department (RPD). </p> <p>Video of the incident begins when three white police officers arrive and ask David Vann to leave the store. At first he refuses, but after a few minutes he leaves the store. When Vann walks out of the doorway and turns around to face the officers, Steven Mitchell and Jeffrey Kester grab Vann, put his hands behind his back and handcuff him. While handcuffing his right hand, the officers jerked his right arm up, causing Vann to flinch. Kester then pulls Vann by the head and neck toward the ground while Mitchell pushes him from behind. Kester falls with Vann and Mitchell on top of him; Kester’s leg is broken and he is unable to get up off the ground. </p> <p>David Vann is now prone and helpless on the ground. Mitchell yells at Vann and strikes him in the head, then jerks him to his feet and walks him to the police car. With Vann’s arms handcuffed behind him, Mitchell pushes him against the police car then slings him around in the opposite direction. Drake runs over and grabs Vann, getting his arm entwined with Vann’s. The three fall to the ground, and as they fall, Drake’s shoulder is dislocated. He sits down on the sidewalk, unable to move his arm. Meanwhile, Mitchell punches Vann in the head, slams him on the ground, and pepper sprays his face on both sides. </p> <p>Other officers arrive and three of them hold the unresponsive Vann on the ground while Mitchell searches him. They then haul him up to his feet and push him back to stand against the rear portion of the police car. Mitchell then pulls Vann’s arms up over his head (still handcuffed behind him) and holds them straight up over his head for almost 60 seconds until the video cuts off. There is a TV news report video showing Vann later in the police car unconscious, being checked by a paramedic. </p> <p>David Vann was taken to Monroe County jail where he was held for 22 days and not allowed to communicate with his family. His mother Diana Vann and sister Toya tried to visit him and were turned away each time. Vann was transferred to the Rochester Psychiatric Center, where he was kept until being released in February 2016. Vann was without his freedom for five months. </p> <p>On Tuesday, February 14, 2017, David Vann went on trial for two felony counts of assaulting an officer. He had been offered five years of probation by Assistant District Attorney (DA) Michael Harrigan, but he knew he was innocent, so he refused the offer. Vann was represented by Attorney Michael Doran of the Monroe County Public Defender’s Office. Supreme Court Judge </p> </div> </div> </div> <div class="page" title="Page 2"> <div class="layoutArea"> <div class="column"> <p>Melchor Castro presided over the three-day trial. Twelve jurors were selected on the first day: six white women, two black women, one Latina, and three white men. </p> <p>The opening statement by Harrigan on Wednesday revealed that the DA’s argument was going to be that the police officers were engaged in their lawful duty to arrest David Vann, and in the course of this effort they were injured. The law states that if an officer is injured while engaged in lawful duty, the person who caused that injury may be charged with assault on an officer, even if the person did not actively assault the officer. </p> <p>Public Defender (PD) Doran’s opening argument was that the video showed what actually happened and the jury should compare what the witnesses say with what they actually see on the video. Vann was innocent until proven guilty and the DA will not be able to prove beyond a reasonable doubt that Vann caused the officer’s injuries. </p> <p>The DA called seven witnesses over the next two days: two video technicians, three police officers, the store clerk, and a store customer. The video technicians testified that they retrieved the store’s video camera and produced a DVD based on what they had been instructed to do by the RPD. The video that was produced and later played by the DA did not include the beginning of the conversation between Vann and Algazali or the section where Vann is pushed out of the store by Algazali. The DVD did not include the end of the encounter with Vann. The last thing on the video is Vann with his hands forced above his head. We don’t know how long that lasted or what they did to Vann after the clip is cut off. </p> <p>All three police officers involved in the incident testified: Kester, Mitchell, and Drake. They stated that Vann was argumentative; the video shows him calm. The officers stated that Vann was trespassing; the video shows him leaving the store. Two officers said the reason they handcuffed him was because he had made a fist with one hand and placed it in the other; one said he was cracking his knuckles; the video shows him calmly putting his hands together in front of him. The officers stated the reason they took Vann down was because he was resisting and wouldn’t let them get the handcuff on one of his wrists; the video shows the officers deliberately pulling Vann’s arm up at an awkward angle while putting on the handcuffs, then when he flinches and turns, they take him down. They said one of the handcuffs wasn’t locked so that’s why they had to take him down; the video shows the handcuffs locked behind him before they take him down. </p> <p>Mitchell testified that when he picked Vann up (after Kester broke his leg) and walked him to stand against the police car, Vann pushed himself off the car and resisted him; the video shows Mitchell spin and sling Vann around. Drake says Vann had slipped out of one of his handcuffs; the video shows his hands clearly handcuffed behind him. Mitchell said he gave Vann a “jab” to “distract” him; the video shows Mitchell delivering a roundhouse punch to Vann’s head. </p> <p>The store clerk and store customer did not really add much to the case either way. The DA’s closing statement focused on how badly the officers were hurt and how they were justified in their actions because Vann was fighting them; he “caused” their injuries. The PD reminded the </p> </div> </div> </div> <div class="page" title="Page 3"> <div class="layoutArea"> <div class="column"> <p>jury to look closely at the video, ask to see it, and stop it at significant moments. Judge Castro gave instructions to the jury that emphasized the parts of the law most favorable to the DA’s case. </p> <p>The jury deliberated for about two hours. Three times they asked to view the video, especially the part where Vann is being handcuffed. In the end, they listened to Attorney Doran’s instructions and ignored the lies by the police. They trusted their eyes, they asserted their right to see what happened for themselves and to make the judgement that the District Attorney had not proven his case. David Vann was declared NOT GUILTY by the jury on February 16, 2017! </p> </div> </div> </div> <p> </p>