Police union: El Monte officer justified in kicking suspect in the head

The kick to the head delivered by an El Monte police officer to a car-chase suspect lying on the ground at the end of a televised high-speed pursuit was a legally justified “distraction blow," an attorney for the police union said today.

Dieter Dammeier, attorney for the El  Monte Police Officers Assn, said the officer acted within his training and department policy when he delivered the kick.

“Unfortunately these things never look good on video. Sometimes officers have to use force when dealing with bad guys,” said Dammeier. “The officer initially came upon the suspect alone. The suspect hadn’t been searched and was a parolee and a gang member. The individual officer saw some movement. He feared the parolee might have a weapon or be about to get up. So the officer did what is known as a distraction blow. It wasn’t designed to hurt the man, just distract him."

El Monte officers, he said “are trained to deliver a distraction blow to stop a [suspect] doing what they planning on doing.”

The decision by the officer to kick the head of a suspect who was surrendering has been criticized by use-of-force experts. Samuel Walker, a criminology professor at the University of Nebraska, called the kick to the head "unprovoked and unnecessary . . . It's one of the worst incidents of this kind that I've seen." The incident began Wednesday afternoon when gang officers recognized a man they believed was a gang member driving a Toyota. They were trying to determine if the car was stolen when the driver committed an unspecified traffic violation.

Richard Rodriguez sped off, blowing through stop signs and running red lights at speeds reaching 80 mph, even attempting to elude authorities by driving on the opposite side of the road and on a sidewalk full of pedestrians, said department spokesman Ken Alva.

Video shows Rodriguez being kicked in the face after he had put his hands up and fell to the ground with his arms above his head. Two officers are seen in news footage giving each other high-fives. Alva said investigators are also examining the actions of a second officer, who used a plastic flashlight to subdue Rodriguez.

-- Richard Winton

Photos: Excessive force? A history of L.A. area police incidents

Earlier: Police officer kicks suspect in head after he appears to surrender (with photo and video)

Earlier: Experts say El Monte police officer's kick was unjustified

Photo: Richard Rodriguez. Credit: El Monte Police Department

Comments

[Very simple]

Good! Actually that disgusting waste of oxygen should have been shot in the head instead of kicked

[Chris]

too bad the "distraction blow" didn't come from the barrel of the officer's service weapon.

[KK]

Should have kicked 10x. This scum should not be fit for society.

[Jess]

"DISTRACTION BLOW" ?? HAHAHAHAHAHAHAAHAHAH

Rodney King's still distracted 15 years later..

[howardx]

the police union's opinion is meaningless. OF COURSE they will say he was justified.

[someone]

I'd feel a whole lot safer walking home at night if the LAPD delivered a few more distraction blows in my neighborhood.

[OZ]

"Two officers are seen in news footage giving each other high-fives."

Those are known as legally justified "distraction high-fives."

[Mike]

When L.A. burned after the Rodney King verdict, was that a distraction riot?

[Joe]

The guy has a little tiny mark under his eye. I bumped into my 3 year old and got worse. How hard could he have been kicked by a full grown man? The lefties and their media echo chamber are attacking the very people who keep us safe from human waste like that guy.

[Rocker 23]

After watching this cretin endanger the community the officer justifyably made sure this event was indeed over and done and they have every right to high-five each other for restoring peace to the neighborhood. Another blow? Criminal. This kick? Takedown. Game over. By the book.

[Pam]

That little creep gang member has undoubtedly killed people, ruined lives and cause horrible damage to other people's lives. He put so many lives in danger by his reckless actions. I watched the chase live and when I saw the officer kick the creep, it sure felt justified to me! How were the officers supposed to react? I like the "distraction blow"...I only wish it was a bullet hole thru his useless ugly head.

[P Diddy]

Gang member or not, he had no right to kick a person that was giving up! That was Bull Shiiit!

[Jane Doe]

Yeah, this looks like a nice guy...right. Get a grip people... This is a common criminal... Running from cops....he got what was coming to him....

[JD]

What a fine looking young man. Why in the world would anyone want to kick him in the head? If there was ever a poster child for the ACLU...

you're looking at it.

[no comment]

The problem, all of you "pro-kick" folks, is that the dirtbag will most likely walk without charges because of the publicity...maybe even get a cash settlement. I don't have any sympathy for him either, but if the officer had not done what he did, the guy would go to prison. In today's age of live video, street justice often only benefits the badguys.
Now he is an ACLU "cause" and will become a gangbanger hero.

[Jason]

The cop caught the bad guys. LAPD did their job. That's all there is to it. These gangbangers enjoy getting kicked around. They do it to each other to welcome new members. They like getting hit. It makes them feel like they are loved.

[lawrenceloo]

how people could come up and defend these scumbags flatly baffles me...wait til they get hurt by these scumbags personally and then we will see what they think...

[Mutt]

Anyone with a tatoo on the upper lip deserves to be kicked in the head

[merid]

Schwarzenegger is borrowing 6 billion. Somebody call him and tell him to set aside a few million to pay the lotto winner.

[Gung Ho!]

We don' need no stinking laws that protect the rights of all citizens!All we need is the police who can mete out justice wherever and whenever they see fit.

They should be allowed to deliver distraction blows any time they feel justified to do so. They should also be allowed to deliver distraction tazering, distraction beatings, and distraction shootings.

And if I ever get pulled over for a traffic violation, the cop has every right to pull me out of the car and give me a distraction beating. I have a tattoo, so I deserve it.

[justasking99]

What is the difference between the police action and base thuggery by a private citizen? A police officer is a sworn peace officer, whose actions are defined by standards of conduct that exclude the type of base thuggery evident in the videotape. In my opinion we are living in an age of lawless public safety organizations where no one is safe from badge-carrying thugs. The only solution is to allow average citizens to carry concealed handguns, just like Texas does. With legal concealed handguns sworn peace officers may start treating citizens with caution, respect, and a calm demeanor.

[Kevin]

is it just me or is he wearing lipstick in the picture?

[mark]

He ask for attention by he got it. I will as a citizen support any police officer that removes more garbage from our streets. SEE YA WOULD'NT WANT TO BE YA.

[V Beltran]

I'm not too upset that this person got a little beat up after showing disregard for others in the chase.

I am upset that the police union lawyer thinks that the public is stupid and would "buy" this distraction blow defense. Just own up to it and say the officer got carried away, just makes you wonder though what happens when the cameras aren't rolling.

I'm not driving through El Monte any time soon and be guilty of driving while being a minority.

[Cassandra Washington]

Does El Monte recruit its police force from Mexico? This is the type of thing Mexican police do ... and then they steal the money out of the pockets of the people they search. Is this what we want in California?