Tuesday, July 26, 2016

Open letter to Bristol Vermont Town Select Board with Police Video and transcripts and my offer for settlement.


 



It begins, here is the letter I delivered to the Bristol Town Select board members:

"I have been a part of this community for nearly thirty years. I first came to Bristol to see Piper, the love of my life, who became my wife, and mother of my children. I fell in love with her, her family, and this town. By choice we decided to be a part of this community, and raise our children here in peace.

Many of you do not know me, as I tend to mind my own business, and have never had a run in with police here.

From my peaceful home here, I have traveled as an activist, aid worker and citizen journalist to such places as Hurricane Katrina in Mississippi, Earth Quake in Kashmir, The West Bank, The Gaza strip, North Africa, Europe, and other places. I have seen war, suffering, disease, hunger, strife and injustice. I have been shot at, chased, blown over by explosions, abducted, and have dodged snipers and air strikes. I know conflict. I have seen children shot in the face on both sides of me. I have seen bodies in the streets. I know the smell of death, the ringing in the ears of a close explosion.

But always I return to the arms of my loving wife in my safe home with my children. I know the difference, I am very fortunate. I have a beautiful life.

So, Imagine my shock to find myself on my knees, mock execution style, with a screaming gunman aiming a gun at my head for a kill shot, not in some far away battle field, but a few yards from my house.

How did I find myself in this position you ask?

Well, I was having a nice quiet night, when my dogs alerted me as to something outside. I then heard Adams Alarm going off at the Bristol Beverage Center, yards from my property. I walked up to see what was happening. I checked the doors, looked inside, saw nothing, but heard something, bottles rattle.

Several people saw me walk up, as they were looking too, and waiting for the alarm to stop, as it was loud, and it was late. I saw nothing the matter, and headed home. I then saw, finally a cop had come by his spotlight on the building. I was glad someone finally came, so I walked back up to say hello, and tell him what I saw, and heard. I identified myself, pointed to my house, and told him I checked the doors, but heard a rattle. Mind you, many people watched all this, including me walking up the first time. I was in my house slippers with my reading glasses.

I saw he was checking it out, so, I bid him goodnight and turned for home. He uttered a command like “stay” but I ignored that, and said something like, “ No, I am good, I am headed home” and tried to continue on, steps from my property, as I am not accustomed to following orders like sit and stay, as I am not a dog. Mr Westbrook only takes orders from Mrs Westbrook.  Before I could take a step, He screamed, at the audacity of my defiance, and ordered me to my knees, I turned around to see him lined up perfectly for a head shot, a kill shot, as he screamed again.

I saw the gleam in his eye, his total enjoyment of having the power of life and death over me. Right there and then he could execute me, he was judge, Jury and Executioner for the “crime” of ignoring his command to sit stay like a dog. What is next, lick his boot?  He did not “fear for his life” as they are trained to say, standing over bullet ridden bodies of un armed American who had their hands up, or shot in the back.. He enjoyed it. We both knew what this was. He knew he could get away with it. It looked like he wanted to pull the trigger.

So my choice was to kneel or die. I knelt, given the choice. Then I am ordered to lie face down, him still screaming, “don’t look at me” like a rapist or something, as he again leveled for a head shot. It was a mock execution, I was his plaything. A helpless victim.

He then roughly cuffed me so tight I lost circulation, and it bruised the bone, and hurt an already hurt elbow and shoulder. He then left me there in the cold and wet face down as he milled about over his trophy. The unspoken message received, “How dare you defy ME”, I was being punished.
After a time, he got me up, cutting my foot on broken glass I noticed later, and put me in the car, giving me no information. I asked his name, it was Crow. I demanded he call my wife, yards away, my lawyer, to be arrested or released. He ignored me, except to say “ I should have listened to him”, again proving he did not fear for his life, when he made the choice to pull his weapon. This should all be on tape.

Eventually, after an excruciating time, I was taken out of the car and uncuffed. I then in a spirited manner, expressed my first amendment rights at them, until reaching my property.

So, here we are. My nice peaceful life with my love, and my children has been violently disturbed. Nothing will ever be the same for me again here. Paradise lost. I thought this was my retreat from that world, my safe place, my home, not the front lines. Now I am worried for my children.

So, as I have faced injustice elsewhere, now I must confront it here.

Chief Gibbs is doing an “investigation” , but an organization investigating itself gives me small comfort, as “We investigated ourselves, and found we did nothing wrong” is usually the result of such things.

Meanwhile, Mr Crow still stalks our streets, eager to abuse his power, terrorizing our town. When will he pull the trigger? It seems to be only a matter of time.

I am looking at a very costly lawsuit for as much money as possible I can get from the town and Mr Crow, as well as pressing for criminal and civil charges to be filed against him personally as punishment for his crimes, to help this type of thing from happening again, here. It is not enough he is leaving soon anyways, as with a pedophile priest, we should not just send him off to commit his crimes elsewhere, at least not as a police officer.

I do not expect success, as I have no faith in “the system’ but it is worth a shot.

So this is a teaching moment, as a citizen journalist, I will be sharing this experience proactively, with as wide an audience as possible, here in town, in Vermont, around the nation, and around the world. I will use every social media platform available to me to spread the news of this struggle. I have a wide reach across many spectrums.

This has become my cause. Peace starts at home, and I can not look my children in the eyes if I do not struggle here at home for what is right. This has become a defining moment for me as a person. No Justice, No Peace, Know Justice, Know Peace.

Brutal corrupt criminal cops, Out of Bristol!

I will be starting a campaign including protesting with large images of police with a gun to the head of a citizen, complete with controversial and offensive slogans, down town, most every day, with leaflets

There will also be websites warning potential visitors of the dangers here. I will also be using help from the international community online to come up with messaging, and creative solutions to warn everyone, Bristol is not a safe town anymore.

Or,

Mr crow is fired immediately, and charged if possible.
Release the tapes for the public
Make a public notice of why Mr Crow has been fired
Review and follow your policies for use of force

And then, Justice found, I will be going back to quietly minding my own business, and not need to create such a fuss, the negative effects will be felt for a long time, and it will only serve to widen the gap between the police and the community. Bad cops, their bosses and the politicians who give them cover and impunity, I tar all with the same brush, and will be exposing them all in exhaustive detail.

This should be viewed as a teaching moment. Will my children see the system works, or does the bad guy win again? We will see, I don’t know how this will end, but I am hoping for a happy ending that brings us more together as a community, that can work with our local police and government to solve problems, rather than see them as a mortal threat.

So Bristol, your move.


TRANSCRIPT



from video/audio tape of Officer Randy Crowe, Bristol, Vermont

Portions of his microphone recordings as he describes to the Vermont State Police of what he saw, said and did:


(TW already in cruiser. Alarm is off at this time)
At some point, RC opens cruiser door:


TW: I live next door. Call my wife.
RC: Be quiet . Be quiet for now.
TW: You don’t tell me what to fuckin do.


Long period when TW is in cruiser and RC seems to be standing next to the cruiser which appears to have a tail light out.


First State Trooper vehicle arrives and they converse:


RC: The guy I have in custody I got in the back of my car and he’s getting a  little mouthy.
VSP: What’s his problem?
RC: He was in the parking lot when I pulled up and he was, “Like I just called in the alarm” and he started walking off and I said, “Don’t go anywhere” and he said, “ I’m going home” and I said, “No you’re not “.


Discussion of checking doors. RC is checking the doors and windows without gloves on. He hits the redemption garage door and the alarm goes off again. Discussion with VSP about the doors, etc. Another VSP cruiser arrives. RC speaks with VSP. Circumvent building.


RC: Can you keep an eye on the guy in the back of my car. He’s being a little mouthy.


VSP: What’s his name? 9:30
RC: I told you I didn’t even get that far. He didn’t have an ID with him.


VSP to VSP Officer:
Brett, ask that guy his name. VSP opens cruiser door.


Dispatcher tells the officers that her 911 callers came in from Justin Racitot and David Bennett and Steve L’Heureux.


No clear who says,
“Man he is married to Piper…who lives right here.


RC: He weren’t cooperating with my instructions until I pointed a .45 at him.


Brett: He was just yelling at me over there, too.


VSP: Friends with the owner?
RC: It’s possible.
Hard to clarify who is speaking which words:


I know. But what the fuck he hanging around here for?
Says that he lives right over here.
Says he owns it. He owns the Beverage Store? ….Oh. His house is actually over here…. Is he drunk?… I didn’t smell any alcohol on him….. I didn’t either….. But he smells bad.


Tyler Westbrook. Tyler. Opens cruiser door.


TW: I would like to call my wife who I was in the house with just before this happened. I live right here.
RC: I realize that Mr. Westbrook.
TS: Why don’t you release me?
RC: Because until I realize that there is nothing going on here, you‘re going to stay here with me
TW:…..I live right here…….You know….
RC: How do I know that?
TW: I live right there, Call my wife. My dog is still on the porch. I am in my slippers. Running out of the house to see if somebody is breaking into my friend’s business. ….
…hard to hear due to alarm….but Piper or Tyler can probably figure it out.


TW: I hears the alarm go off. I was just going back to call you guys and then I heard a bunch of bottles clicking at the far end of that recycle shed.


TW: …Bottles like someone kicked them or moved. I was  waiting to hear….


RC: You gotta look at it from my side, too. ….I show up at a business where there is an alarm sounding


TW: Where I was there first…I came out to give waya my….
RC:…Do I know that?
TW: To call you over to me: I didn’t have to do that. I came back when I saw you.
RC: Hang on a sec
TW: Good. The cops are here.
RC: OK
TW: I didn’t think they’d point a fucking gun at me.
RC: I see you in a driveway of a business and there is an alarm is going off.
TW: Know you know who I am, release me.
RC: As soon as I figure out no one broke into here and you’re not at fault, It’ll happen
TW:…..coming out to help my friend, Adam.. Verify who I am
RC: I don’t know you.
TW: Call my wife.
TW: I own multiple businesses in town
RC: That doesn’t matter. You can still break into places, right?
TW: I’m going to break into my friend Adam’s
RC: I‘m not saying that you did
TW: Into Adam’s house right next to my house when I own multiple businesses in town
RC; Until I figure out others wise, you’re going to stay here.
TW:…That’s my story… That’s OK I got your name,…It’s all good.
RC: You got to realize when you show up and there’s an alarm sounding/
TW: You did your thing, man. You got the power, You got the gun. You go the ….but you’re in the wrong. You need to release me.
RC: Just sit tight.
TW: Do whatever you’re going to do.
RC: When Adam shows up, we’ll get this straightened out
TW: Good. I hope he comes. He lives a way away.


RC to other officers:….
I roll in and start going over to that door.  He’s over here in the parking lot and he started blabbering how there were bottles rattling inside and said, “I’m going home” and he starts walking away. And I said, “No. Come here”. And he starts walking away. So I draw down on him and he doesn’t like that too much. Told him he was not under arrest; that he was being detained until I figure out there is nothing going on..….


…set the alarm off…….


RC: All’s I did was lift up on that overhead door and the alarm went off again…so…
It had shut off when I got here..
VSP: So that alarm we hear is from the redemption …discussion of doors…alarms..


RC goes back into cruiser and is working on his laptop.


TW: What the hell does Adam’s showing up have to do with my being released?
RC: I have to find out if somebody went into the building or not.
TW:…if somebody went into the building, it had nothing to do with me. And how would Adam know? If I did it or if
RCL: I didn’t say he would know you did it
TW: …good friend and a neighbor….My children and my wife shop at his store everyday.
This whole story is going to be reported in depth…..unprofessionalism and … your violence.
Even now know you who I am and where I live, you still holding me ……..After calling for my lawyer and after calling for you to ask my wife to verify I was just fuckin in the house. That’s alright. Many. many,  many, many  people will know the story by morning…..
TW: Looking on the bright side, we’re not going to have this problem again because you’re going to know who I am and if the alarm goes off and I run up to see….my friend’s business, you’re going to know not to pull a gun on me. Because Adam’s my friend. So I think that’s the silver lining. We don’t have to have a misunderstanding again.
RC: I truly hope that’s the case.
TW: You don’t want problems and I don’t want problems. I live in this town. My kids grow up in this town. My wife grew up in this town. She went to High School here. Last thing we want is any problems in our own town.


RC: I realize that. But like I said you’ve got to look at it from my side where I show up at a business where there’s an alarm going off and you’re in the parking lot.
TW:…..in the dark. They didn’t have to. They could have just kept scooting the other way and then waved you over to them to point out where they just heard noise in their friend’s business. To a guy standing in his slippers next to his house, easily verifiable,  with my reading glasses on my head. I’m not some burglar sneaking in, busting into my friend’s shit and it’s kind of obvious. It’s certainly obvious by now. The fact that you’re still holding me here says a lot about you and your lack of professionalism.  


TW: ….lesson is…. Don’t cooperate with the police. Don’t wave ‘em on. Don’t show them the clue you saw. Don’t show them anything because they are going to treat you as a suspect. It’s a lesson for my kids  - don’t talk to the police -  even if it will help in their investigation. Deal with it yourself. It’s better than calling you guys because you might get shot. That’s my lesson to teach my kids.


RC: When you don’t follow my directions, that kinda what happens.


TW: I’m not in the business here. You work for me. I don’t work for you. You don’t just arbitrarily tell me what to do. I’m a free American citizen. You understand, it’s not like I’m,  this isn’t some sort of a police state where you say, “Lick my boot” or whatever that doesn’t happen.
RC: That’s not what I said
TW:…worth thinking about. There’s a lot of other ways of de-escalating situations before pulling your gun and threatening to fucking kill me. That’s very unprofessional. The exact fuckin reason why there’s a lot of hostility against you people, man. You saw a guy. You saw my hands were up and open. You saw I didn’t have a weapon. You could have de-escalated that by talking to me. You could have billy clubbed me down. You could have been a man and fought me down but no, it was your first fuckin instinct is to reach for your gun to put me out of my misery. That’s your first go-to ? with that. Which shows, I don’t know, bad training probably. You don’t look like bad people yourself….probably in your training . That’s your first instinct to an unarmed person is to pull a gun,,,Jesus Christ, I’m glad I wasn’t black.


RC: Once Adam shows up we’ll get it all straightened out, all right?.
TW: How’s he know? He knows who I am..
RC gets up and leaves the cruiser.
TW: get me the fuck out of here.
RC: Relax


RC and other VSP conversation


VSP: Still yelling? You didn’t hear him?
“Get me the fuck out of these cuffs?
……
VSP: Is he  buddies with this guy or something?
RC: Could be. His house is right on the other side of this building here..
VSP: He is drunk?


RC: He starts walking over towards me and tells me he thinks he hears bottles crashing inside…down the alley there. I say , “Come back here” . I’m going home. No, you’re not.


VSP: He wasn’t one of the callers, right? Nope. So…
….Conversation…
RC: He came over here, he heard the alarm and came over to check his friend’s business
….Conversation…..
RC: re: Adam, He lives just off Plank Road. Shouldn’t take that long.
……Conversation…..
(Do not hear any yelling from cruiser during all this time – maybe  7 minutes)

TRANSCRIPT

From one of VSP trooper’s camera


Trooper is walking around the building

Conversation…going to walk down here…..RC and a couple of troopers walking and talking

“That’s his house right there.”
“The white one..

a comment about the “high rent district”.

Adam arrives.

VSP:
Not really sure what’s going on.
Got a couple calls that your alarm is going off. I show up. And there’s a guy in the back seat who says he’s Tyler Westbrook and he’s in your parking lot over here. Tell him to come over… Says I’m going to go home …windy..
Guy names Tyler Westbrook

Adam: Tyler lives around the corner.
VSP or RC: Piper’s husband, right?  
Adam: Yup.
Conversation about the screen

(You can hear Tyler yell towards Adam from inside the cruiser. Walk by cruiser)

RC: Is that him?
Adam: Hold on Tyler. I know Tyler, Hold on.
VSP or RC:  says that he (Tyler) doesn’t have an ID on him. I take it that’s Tyler.

Adam walks with troopers and RC inside all around the building.

Discussion of the locks. Nothing out of place. Adam mentions that wind comes in through the soffitts and maybe that made the alarm go off.

Determined that the interior door wasn’t locked and the wind blew it. LEO concerned that a “little ‘person” could get in through the door which has the chain on it.  (appears to be about a 4” crack.)

RC: Now let me go let Mr. Westbrook go home. Some laughter. I’ll be back in a second Adam.
One of the VSP says, “I’d give him a ride up Burpee Road a little ways…”
RC: “You guys are mean.”
Opens the door, discussion about his glasses.
At about 8:00 on the tape he releases Tyler and I did not transcribe the next minute.  

TW swearing etc. for about a minute

RC: We’ll let him blow off his steam. ……..



Dear Joe:
I am writing in hopes of having some discussions toward resolution of this matter from Mr. Westbrook's perspective.   He is obviously very concerned about the excessive force, lack of professionalism and other violations of policy and civil rights that Mr. Crowe displayed in the recent incident at Bristol Beverage.  He would very much like to see something positive come out of this experience and he and his family are relieved and grateful that this did not end worse.  Mr. Westbrook has expressed some ideas to me that I am proposing as a resolution which, if agreed upon would be formalized in mutual releases and waivers and a settlement agreement.  Mr. Westbrook proposes that:

The town and Mr. Crowe admit responsibility for wrongdoing.
Mr. Crowe accept the town's disciplinary measures without objection and this incident becomes part of his permanent law enforcement personnel file and be disclosed to all prosecuting officials for cases he is involved in.
Mr. Crowe formally apologizes in writing to the town including a description of what was wrong and how he will assure that this does not occur again.
Mr. Crowe have a plan and take steps, classes, counseling  to learn deescalation and non-violent incident management techniques.
Mr. Crowe have training on policy and civil liberties designed to address the issues raised in this incident regarding use of force.
Mr. Crowe/the town pays $3000.00 toward Mr. Westbrook's legal fees and costs. 
Mr. Crowe participates in an upcoming ACLU assisted "Know Your Rights" upcoming public meeting in Bristol.
Mr. Crowe/the town pay reasonable damages of $1.00. 

In exchange Mr. Westbrook would agree to waive any law suits regarding this matter.  


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