Enough is Enough! No broken necks! We want Respect! court report on Benny Warr

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Submitted by T. Forsyth on Thu, 2013-05-30 14:38

Rochester, NY--On May 30, 2013, approximately 50 people--a mix of family, friends, and supporters of Benny Warr--showed up at the Hall of Justice to say, "Enough Is Enough!" A spirited picket occurred in front of the courthouse with protesters chanting of "No Justice! No Peace! No Racist Police!" and "What do we want? Drop the charges! When do we want it? Now!" among other chants in support of Benny Warr, while demanding an end to police brutality.

On May 1, Benny Warr was waiting for the bus in his wheelchair at the intersection of Bartlett St. and Jefferson Ave., near his home. As he was waiting for the bus, a Rochester police cruiser rolled up to the intersection. The officers exited the car and told Warr, to move on. Warr responded by saying he was only waiting for the bus.

According to Warr, the officers then maced him in the face and proceeded to throw him out of his chair where he was kicked, punched, and kneed by police while on the ground. He was put in handcuffs for nearly two hours until he received care at Strong Memorial Hospital for his injuries. He sustained broken and fractured ribs, numbness in his hands, neck injuries, internal injuries, and cuts on his wrists.

In the early morning hours of May 2, he was released and given an appearance ticket. He was charged with disorderly conduct and resisting arrest.

A community rally and march was held in Mr. Warr's Jefferson Ave. neighborhood on May 18. The video can be seen here: https://www.youtube.com/watch?v=Hd-2hyQLl2Y

Shirley Stukes, a congregant of Pastor Nina Warr, Mr. Warr's wife, made a statement before everyone filed into court. She said:  

"Good morning! I am happy and glad to see so many of you out here today. We just want five things. We want the charges dropped against Mr. Warr; we want the police officers that were involved fired; we want a public apology to Mr. Warr; we want the RPD to look at their policies and procedures and actually do them! We want them to read them and follow them! We don't want no 'jacked up' because that's not a policy! If you want to talk about the guys out on the street, then you need to get out there with them! It's supposed to be law and order and not 'jacked up.' We also want the RPD to stop targeting and harassing neighborhoods of color. We want the criminalization of these neighborhoods to stop! They need to enforce law and order, but guess what--not only drug dealers and criminals are in these neighborhoods--I'm livin' in these neighborhoods! I'm not trying to sell any drugs and I'm not trying to shoot anybody. So if I'm out on the street, whatcha gonna do? Jack me up? No jacked up! I'm waiting on the bus. We want respect! Enough is Enough! No broken necks! We want Respect!"  

Judge Stephen T. Miller entered a packed courtroom of supporters donning their "Enough Is Enough/Support Benny Warr" t-shirts at 9:30am and promptly called Benny Warr's case. Mr. Warr approached the bar in his motorized wheelchair and said, "I am Benny Warr."  

The judge then called Charles F. Burkwit, Mr. Warr's lawyer, and Assistant District Attorney Destini Bowman to the bench for a private conference.

  A few minutes later, the attorneys returned to their respective places in the courtroom. Judge Miller set the next court date--a motions hearing--for Friday, June 28 at 2pm.  

"There were no offers made today by the DA's office, so court was adjourned for motions on June 28, at 2pm, at which time the judge will hear our motion to dismiss. That's what's next. We're moving on grounds that the factual allegations and information were insufficient. We're asking the judge, in the alternative, to dismiss the case in the interests of justice," said Mr. Burkwit, outside the Hall of Justice after court ended.

  Ms. Bowman handed over to Mr. Burkwit discovery items which included three DVDs and some papers.  

When asked what was on the DVDs he said, "I have no idea. I have to go back to my office and watch them. I'm hoping they are the blue light camera footage from the camera at Bartlett and Jefferson where this unfortunate incident happened."

  When Mr. Warr was asked about the crowd of people there to support him, he said, "I felt so wonderful--there was so much love, so much love. It just goes right through me. It brought me to tears. I just want to thank them, all of them. Thank you."  

Discussion is underway for another community rally supporting Benny Warr and other victims of police violence while saying Enough is Enough to the rampant brutality.

Corrected higher res video of Benny Warr being attacked: https://www.youtube.com/watch?v=7xifmR0C3Mk

Rochester Indymedia (Rochester.Indymedia.org) has also released a new video by a community member who goes by the handle “Colbert.” The video shows Benny Warr being elbowed in the face and neck by one of the officers at the :25 - :28 mark. See the video at: https://www.youtube.com/watch?v=NTyO1KDusB4

Please sign the petition to have the charges dropped and the officers fired: https://www.change.org/ petitions/demand-all-charges- against-benny-warr-be-dropped- and-the-officers-involved-be- fired

[Ed. Video of today's rally and interviews will be up sometime next week.]