A Collegedale, Tenn., police officer has caught another black traveling by car and is charging him with resisting arrest after tasing him for not getting out of his car instantly on command.
By David Tulis / NoogaRadio 96.9 FM
Motorist Delane Gordon, 28, making a Doordash delivery on Thursday, March 10, was blue-lighted at 5952 Tallant Road, 300 feet from his destination.
“Delane was scared,” says attorney Ryan Wheeler. “Delane asked for additional officers to come to the scene because he was scared.” Mr. Wheeler says it was Mr. Gordon’s goal to have a cordial conversation about the arrest. “We feel that the public should be able to have, you know, respectful interactions with officers without it getting out of hand.”
You can see the video at this link to Fox17 in Nashville.
Media accounts refer to the encounter as a “traffic stop.” Tennessee courts say the moment the blue lights flash in a roadway encounter, the person in the car is under arrest.
The taser is called a sublethal weapon, to be used just short of firing a pistol bullet. But cops in Collegedale and other cities use tasers to punish “subjects” for not moving quickly enough to comply with barked orders.
Reports indicate Mr. Gordon is charged with speeding and resisting arrest. Resisting, however, must include “using force” by a person seeking to “intentionally prevent or obstruct” an officer making a lawful “stop, frisk, halt, arrest or search,” Tenn. Code Ann. § 3-16-602.
The cop, Evan Driskill, is apparently administering Tenn. Code Ann. § Title 55, motor and other vehicles, which is federal commercial administrative law enforceable largely by the departments of revenue and safety. Chattanooga, East Ridge, Red Bank, Dayton, Hamilton County and state government have been placed under Tennessee Transportation Administrative Notice regarding limits in the law, effectively putting them on notice about their poaching upon the authority of other parties in government.
Mr. Gordon, as a delivery person under contract, is subject to that Title 55 law as he is using the road for private profit and gain and is operating a motor vehicle as an instrumentality of commerce. He is not traveling as a matter of right, but under state privilege.
Collegedale rapid escalation to violence
Here’s what happens in the section of Mr. Gordon’s video file, 49 seconds long of the seizure released by the attorney.
The officer demands the citizen get out of the car and aims a yellow cattle-prod stun gun, AKA Taser, at him. The cop is bellowing the entire time, shouting.
Cop You will be tased. Get out. [Aiming taser at Mr. Gordon]
Mr. Gordon He said he would pull me over for a traffic violation and he is going to tase me.
Cop Get out.
Mr. Gordon You can’t do that officer because I called for your supervisor.
Cop Get out.
Mr. Gordon I have my license — I called for your supervisor.
Cop Get out.
Mr. Gordon What is the reason I’m getting out?
Cop You didn’t give me your information. I told you to get out of the car. Now you are resisting.
Mr. Gordon I haven’t refused. I asked to speak to your supervisor.
Cop Get out.
Mr. Gordon Sir, I feel uncomfortable. Please get your supervisor.
Cop Get out.
Mr. Gordon Please —
Cop I don’t give a shit what you [indecipherable]. I said, “Get out.”
[The cop holsters his weapon and reaches into the open doorway of the car and puts his hands violently upon Mr. Gordon.]
Mr. Gordon Please don’t touch me. Please stop it. Why are you being like this? Is this how ya’ll really are?
[The cop now aggressively leans into the car in front of Mr. Gordon.]
Please stop. This is all on tape. Please stop.
[The cop is jerking upon Mr. Gordon’s arms and body.]
Please don’t hurt me.
Cop Get out of the car.
[The cop is pulling Mr. Gordon toward the open door.]
Mr. Gordon Why are you doing this?
Cop Get out.
Mr. Gordon No, sir.
Cop I’m telling you, get out.
Mr. Gordon I’m telling you that this is not lawful.
[The cop steps back. He pulls out his taser in his right hand, pulls the trigger. A dart flashes at Mr. Gordon.]
Aaaaaagh —
Cop trp-trp-trp-trp-trp-trp-trp [His electrical device rattles electrical current into the body of Mr. Gordon.]
Mr. Gordon Aaaaagh. Aaaaaagh. Ogh!
Cop Get out.
Mr. Gordon Oh, my God, it’s not lawful, sir.
Cop Get out.
Mr. Gordon That’s not lawful.
Cop Get out. G —
The Hamilton County sheriff’s department is investigating this encounter.
Comment from Jon Luman of Red Bank:
Simply VOID for want of jurisdiction, 1. speeding is not a crime, 2. the
officer has no authority to write warrants on the side of the road, or
anywhere else.
The officer shows no evidence that would “warrant” an arrest. Makes an
arrest anyway, without warrant = VOID, IS false arrest, a felony assault
under the Law that the officer has sworn to uphold, so there is
violation of oath/false swearing.
Of course, the sheriff of Hamilton county approves.