Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl

[Susan43]

Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl

It was a little before 8 at night when the breaker went out at Emily Milburn's home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on.

http://blogs.houstonpress.com/hairba...lse_arrest.php

This absolutely infuriates me.

I don't know if this is the right place for this item, so if it's in the wrong place let me know and I'll contact CW to move it.

[Susan43]

Here's some more info.

http://www.theagitator.com/2008/12/1...d-incident-26/

http://www.theagitator.com/2008/12/1...ymond-milburn/

[Susan43]

The examining physician found that Dymond suffered injuries from multiple blows to the head, face, neck, lower back, left shoulder, and left hip/waist area. She suffered a contusion to the back of the head (where she was struck with a flashlight). There were abrasions on her arm and wrist. Her throat was swollen; she had difficulty swallowing, nausea and vomiting, and hoarseness of voice due to being struck in the throat. She had black eyes, scalp lacerations, tenderness of the vertebrae. She was experiencing double vision and loss of hearing. Dymond’s ear drum and nose were also injured (blood in ear, bruised nasal septum, and nose bleed).

http://shadmia.com/2008/12/19/dymond...ice-brutality/

[incidentally]

Dear Lord.

[sunflowerseeds]

Originally Posted by incidentally

Dear Lord.

Exactly...is this cr@p for real? I just don't understand or get it....

[incidentally]

Originally Posted by Mr Unknown

And isn't it just lovely how she was arrested three weeks later for assault? Really.......According to the accounts, she is minding her own business on her property, when an unmarked car full of men drives up, jump out, inform her that she is a prostitute, and start dragging her towards the car. WHAT DID THEY EXPECT SHE WAS GOING TO DO? Agree with them, and skip on over to their car?

Not only the car unmarked, the officers were in plain clothes.

& father coming across three men in plain clothes beating his daughter is somehow supposed to know these are police officers and allow them to continue to beat his 12 year old daughter.

You simply have to wonder why any violence was needed. Don't you walk up to the person, show your badge, explain you're taking them in for questioning? Is orderly and professional really so extraordinary it can't be expected on a regular basis?

Why would the officers escalate the situation when there was no need for it?

This is worse than the cop asking the man in diabetic shock if he's having a diabetic problem or a drunk problem before they drag him from the car barely conscious and tasered him.

http://www.rawstory.com/news/2008/Po...hock_1209.html

[Jay]

Originally Posted by interested

& father coming across three men in plain clothes beating his daughter is somehow supposed to know these are police officers and allow them to continue to beat his 12 year old daughter.

You simply have to wonder why any violence was needed. Don't you walk up to the person, show your badge, explain you're taking them in for questioning? Is orderly and professional really so extraordinary it can't be expected on a regular basis?

Unless they are under arrest or they voluntarily go in, the police can not take them in for questioning, that violates the federal constitution.

Did you read the complaint, as this happened way back in the year.


http://www.courthousenews.com/2008/0...vestonCops.pdf


From the one article:

Also, "The city has investigated the matter and found that the conduct of the police officers was appropriate under the circumstances," Helfand says. "It's unfortunate that sometimes police officers have to use force against people who are using force against them. And the evidence will show that both these folks violated the law and forcefully resisted arrest."


If they were arrested with a warrant. I am wondering who signed it after reviewing the relevant facts?? If it was a felony, no warrant was required, but practical, yes.

A 12 year old forcefully resisting arrest when she believes she is being kidnapped. What an absolute clown Helfand is!!

A Father charged with such when he is defending his small child? Incredible!!!

The complaint alleges false arrest. It appears NO arrest was made
"on scene" but at a later time, while she was in school. On scene she was taken to the hospital. The complaint outlines her medical injuries.

Such generous officers, humiliating her in front of everyone at school, they could have waited until she got home.

According to he suit, the officer even threatened to shoot the puppy who was defending the child. What a piece of trash.

20. The family’s five (5) month old puppy grabbed the officer’s leg. The officer threatened that if they did not grab the dog, he would shoot it.

The suit does not mention the disposition of the arrest case though? The first trial was a mistrial and they state, at the time of filing, such was not scheduled again for trial. I surmise the case was dropped though? No jury worth any salt would convict them.

This 12 year old will, although prayerfully hopefully not, suffer psychologial damage for many years to come.

I hope they nail these "public servants" (insert icon here) good.

Two or three million may be a start.

Originally Posted by Jay

Unless they are under arrest or they voluntarily go in, the police can not take them in for questioning, that violates the federal constitution.

Did you read the complaint, as this happened way back in the year.


http://www.courthousenews.com/2008/0...vestonCops.pdf
(respectfully snipped)

TY for the complaint link Jay! Yes, I know they can't require them to go in for questioning or even talk to them. But you have to admit calmly approaching these people and talking to them would have likely brought these officers to the conclusion they were at the wrong house without even needing to go that route.

Instead it's the police who threw the entire situation into havoc from jump street. They got exactly the reaction they should expect from people doing nothing wrong, on their own property, with no reason to expect the police will be "raiding" the residence.

I'd like to know how the city decided the officers acted appropriately "given the circumstances". There were no "circumstances", there was a family going about it's daily lives. The officers created the "circumstances".

If this had been one of the persons they were looking for, even though she didn't match the description on the most basic level, I have to believe a calm orderly arrest rather than insanity would have been the way to go.

If the investigation was regarding prostitution, and the "officers" were in plain clothes, wouldn't it have been to their advantage to speak with the girl and establish she was indeed engaging in prostitution in the neighborhood rather than grabbing her from her own yard, out of the clear blue sky, without witnessing any illegal activity?

One of the articles up thread says the trial for resisting is rescheduled for February.

[LisaM22]

Originally Posted by Susan43

Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl

It was a little before 8 at night when the breaker went out at Emily Milburn's home in Galveston. She was busy preparing her children for school the next day, so she asked her 12-year-old daughter, Dymond, to pop outside and turn the switch back on.

http://blogs.houstonpress.com/hairba...lse_arrest.php

This absolutely infuriates me.

I don't know if this is the right place for this item, so if it's in the wrong place let me know and I'll contact CW to move it.

what is sad is some people actually approve of police brutality, they think everyone is guilty, this poor little child shows just how bad police brutality can be, and they are undiscriminating when dishing out their whooping - jmho

[Jay]

Originally Posted by interested

TY for the complaint link Jay! Yes, I know they can't require them to go in for questioning or even talk to them. But you have to admit calmly approaching these people and talking to them would have likely brought these officers to the conclusion they were at the wrong house without even needing to go that route.

Instead it's the police who threw the entire situation into havoc from jump street. They got exactly the reaction they should expect from people doing nothing wrong, on their own property, with no reason to expect the police will be "raiding" the residence.

I totally agree. The officer's were clowns. An investigation was founded, not seriously injuring a small child and having it justified as Helfand stated.

As a side case to reference, Rodney King was NOT beaten either, according to the officer's, he was resisting arrest!! The whole world saw that tape.

The federal civil right's criminal trial concluded otherwise.


I hope the feds investigate this, and if founded, bring a 242 criminal action against the officer's.

http://www.law.cornell.edu/uscode/se...2----000-.html


The civil complaint I posted outlines the Causes of Actions and you can bet this attorney, who seems pretty sharp, will NOT back down from the govt.

[JD1974]

I can tell you with absolute certainty that if 3 men in a vehicle were trying to drag my daughter into the vehicle with them they would of never made it out of my yard alive. No one in their right mind ould watch their child be kidnapped and not do anything about it. I use kidnap because these officers were in an unmarked vehicle and in plain clothes, am I supposed to read minds and know these men are police officers? Actually even if I knew they were police officers there is no way I would let them beat on my 12 year old daughter. I hope Dymond never has to work a day in her life because she will be living off the city of Galveston until she dies.

[Santa'sMom]

Originally Posted by RachelRose

I think there's more to this story. It isn't being covered much in the main stream media, which in my experience, means it isn't really as sensational as it sounds - as if details have been left out that would make more sense.

In Austin several years ago an incident similar to they way this is reported happened - a 12 year old girl's valentines party was mistakenly interrupted for a drug bust - they had the wrong address. Grandma was knocked to the ground in their zeal to arrest the druggies - who weren't there - and that changed the entire way the Austin police department deals with minorities. It's talked about and talked about and everyone who lives here would recognize the "Cedar Street Incident" as a story of police brutality - and the city has offered a formal day of apology to the family.

No one seems to be talking about this case in Galveston that way - and the dad was arrested days later for drugs.

Is her trail set for February still? Can you IMAGINE a prosecutor taking this case to a jury if the facts actually are as presented here? He'd have to be insane to take this case, with these facts, to trial.

One thing that caught my eye - at the time she was screaming Daddy Daddy, the mother and dad ran into the yard asking to comfort her. Did they really think these were thugs hauling their daughter off - and they are out there together, asking for a chance to calm her down? Who would do that? Why not the dad go fight them while the mom hurriedly calls 911 for police help? They knew they were police, is why they didn't react as if they were thugs.

http://galvestondailynews.com/story....4ba68d7a96ebc0

She was already in handcuffs so the parents probably had a good idea they were cops. Their daughter was hysterical (with good reason) and they most likely wanted to get her calmed down a bit so the situation could be sorted out. The kid is, or was, a straight-A honor student. Not saying kids who excel in academics can't do stupid stuff but it is highly unlikely that she's a druggie looking for money as a hooker so she can keep her habit fed. If she was arrested, what was the charge? and if she wasn't arrested, how could she have been guilty of resisting arrest? I have a lot of respect for most cops but I can assure you that there are a lot of them out there who are in it for the power high. Narcotics cops seem to be exceptionally vulnerable to the idea that they are gods. There would have to be a LOT of untold story for me to believe that this was anything more than a total miscarriage of justice. It's really too bad that some cops are allowed to behave in such a manner and get away with it. This isn't what our country was founded on but until people get fed up enough to do something about it, it's only going to get worse.

[taylor63]

This is horrible. Not to mention tragic,mainly for this child but also because there are some people who will be afraid of police now because of the evil guys who brutalized this poor child. I believe most police offices are the most decent guys you will find in society, but thugs like this unfortunately give them all a bad name.