THIS BLOG is NOW RETIRED

I began this blog in May 2009 following the death of Marcia Powell at Perryville State Prison in Goodyear, Arizona. It is not intended to prescribe the path that leads to freedom from the prison industrial complex.

Rather, these are just my observations in arguably the most racist, fascist, militaristic state in the nation at a critical time in history for a number of intersecting liberation movements. From Indigenous resistance to genocidal practices, to the fight over laws like SB1070 and the ban on Ethnic Studies, Arizona is at the center of many battles for human rights, and thus the struggle for prison abolition as well - for none are free until all are. I retired the blog in APRIL 2013.

Visit me now at Arizona Prison Watch or Survivors of Prison Violence-AZ
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Showing posts with label james peters. Show all posts
Showing posts with label james peters. Show all posts

Monday, September 24, 2012

Scottsdale PD and the Wrongful death of John Loxas.





-----------from the American Civil Liberties Union-----


September 24, 2012
FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

PHOENIX -   The family members of John Loxas, Jr., who was killed instantly after being shot in the forehead while holding his infant grandson, today filed a wrongful death lawsuit against the City of Scottsdale and the Scottsdale Police Department. The 50-year-old Scottsdale man was shot in February by Officer James Peters without warning and despite having no weapon and posing no threat.

The lawsuit was filed on behalf of Loxas' daughter, Alexandria Loxas, and his father John Loxas, Sr. They are being represented by attorneys with the Chicago-based law firm of Loevy & Loevy and the American Civil Liberties Union of Arizona. The plaintiffs seek an unspecified amount of damages.
"My father was my best friend," said Alexandria Loxas, 23, whose son, Neo, now 14 months old, fell to the ground after her father was shot. "I felt safe knowing I had him in our lives because he was always there to protect us, and now he's gone forever."

In addition to listing Officer Peters as a defendant, the lawsuit also names Scottsdale Police Chief Alan Rodbell, arguing he failed to implement adequate policies to hold the City of Scottsdale and abusive officers accountable.   Officer Peters was involved in an unprecedented seven shootings over the past ten years - six of them fatal. A Scottsdale Police Department official acknowledged that Peters' history of shooting civilians was "an anomaly in our department, and in most departments." Peters also had a long history of excessive use of force against civilians, including dozens of incidents involving Tasers; he was the subject of four separate citizen complaints in the three months leading up to the fatal shooting of Loxas.

"There may well be no other police officer in the country who has been involved in more fatal shooting incidents over this time period," said attorney John Loevy of Loevy & Lovey. "Our lawsuit alleges that the Department had no business trusting him with a gun after he had killed so many other Scottsdale residents."

The incident that led to Loxas' death occurred shortly after 6 p.m. on February 14th, when police officers showed up at his house after he got into a dispute with his neighbors who called police.  Several Scottsdale police officers arrived at the house and confronted Loxas while he was standing in the doorway of his home. He was unarmed and holding his grandson in his arms. Without any warning, Officer Peters shot Loxas in the forehead with a scope-equipped rifle, killing him instantly. None of the other officers at the scene fired a weapon.

There is no indication that since starting as Police Chief in 2003, Defendant Rodbell has ever determined that a   shooting by a Scottsdale officer that resulted in death was improper or outside of police department policy.  The complaint outlines the inadequacies in the city's internal review process for officer-involved fatal shootings, including the failure to obtain testimony from civilian witnesses and the reliance on the involved officers' self-serving version of events.

For example, on November 7, 2008, two SWAT team officers shot David Hulstedt in the back, leaving him paralyzed from the waist down.  Despite the fact that Hulstedt - like Loxas - was unarmed and holding a child in his arms, Rodbell found the shooting justified and "within policy."  A federal court judge later concluded that "no reasonable officer could have believed that shooting David without warning, while he calmly walked back toward his house with the young child over his head, was a proper means of protecting [the child's] safety."

"What we have here is the total absence of meaningful review by the Scottsdale Department and City of Scottsdale even for deadly shootings done without warning and involving unarmed civilians," said ACLU of Arizona Legal Director Daniel Pochoda. "The clear message to Scottsdale officers, including Peters, has been: there will be no consequences, no loss of gun privileges, no matter how questionable or illegal the nature of the shooting."

In addition to Loevy and Pochoda, the plaintiffs also are being represented by Elizabeth Mazur and Elizabeth Wang of Loevy and Loevy, and Kelly J. Flood and James Duff Lyall of the ACLU of Arizona.
Click here to read the complaint that was filed today.


police brutality protest in Old Town Scottsdale
February 25, 2012
 

Sunday, February 26, 2012

Valley communities unite against police violence: Remembering the victims in Scottsdale

I've spent the last two Friday nights down on the corner of Scottsdale and Indian School Roads protesting the execution of John Loxas by Officer James Peters, as well as the bigger issue of police brutality and lethality in the Valley. It's surprising how many passers-by are clueless about John's death. Anyway, we're a leaderless and disorganized mass of about 30-40 people from all over the place, but we're finding each other out there, slowly, and a group with coherent objectives is taking form. Several groups, actually, seem to be coming together, with different tactics to employ. 


Here's the common page we share information on right now: Scottsdale Campaign for Justice and an end to Police Murder.


I want to encourage anyone with concerns about police brutality and use of lethal force in our community to turn out for these Friday demonstrations, from about 8pm to 10pm - especially those of you who have survived such encounters yourself. If you have been victimized by the police or the state with violence, you have likely also been isolated and frightened or shamed into silence. Come be with us, either anonymously, clad in black, or openly, as a survivor willing to join forces with other survivors of police and prison violence.


I'm hoping to get some folks with resources down to our street corner to train community members on dealing with police and putting together a COPWATCH group, to how the city administrative and political structure work and where citizens may be able to exercise a voice. I'm also hoping that these Friday gatherings will be a place where survivors can share their stories and people can safely bring their families - that we'll continue to have both a stationary, vigil-type action at the corner as well as a march through the streets of downtown that people can choose to participate in. It's on the march where police confrontations and violence against us (including the act of arrest) are most likely to occur, as happened this past Friday when Jeff was so aggressively taken into custody for talking to a driver on the street.



If you can't make the Friday anti-police violence vigils/marches, at least follow on Facebook, share what information you come across, sign the petitions people put up there, and show your support in some other way. You can write letters to your own city councilperson (post copies or message Peg so we can track official inquiries and responses), research other cases of police violence in your own community, pick up and drop off supplies like candles, glow sticks, and sign-making materials, or have a gathering during the week to make signs, chant sheets, or cookies for the Friday demonstrations while talking strategies for citizen action with some like-minded folks. All of that could be really helpful and can be done at your convenience. 

The specific cases in Scottsdale we're most concerned with right now are those of John Loxas, Jason Prostrollo, and David Hulstedt. There are survivors with standing to sue in both instances who are vulnerable to further police and state harassment, including prosecution. David, who was paralyzed by a Scottsdale police bullet in the back (also while holding an infant), is being prosecuted for kidnapping and child abuse to make their shooting of him look justified - they filed charges against him shortly after his family filed a lawsuit against them. Both families will need support in the weeks and months to come so that they don't end up isolated and further victimized - we'll just need to leave it to them to let us know how we can be most supportive. 



Here are some great photos from this past week's candlelight vigil and march, by Robert Haasch. Please come out next Friday, March 8 at 8pm and join us. Be sure to wear black and bring a candle if you can.

Friday, February 24, 2012

Officer James Peters and the consequences of failing to obey.

One of the other community members organizing around the shooting of John Loxas came across this petition today...it's closed, now, but was apparently written in December 2011.

Here's Officer Peters' amended report of the incident, probably after the guy filed a complaint.


-----as posted at CHANGE.ORG------

Drop the charges from a wrongful arrest "Failure to obey a police officer"

I'm a person of minority descent that has had his civil right violated by the Scottsdale, AZ police department. If this injustice has happened to me, it can & will continue to happen to many minority groups. If you are like me and understand the value of having a clean record, and how it pertains to gainful employment & social mobility--these charges should have been dropped the very same day.

My name is Andrew xxxx and I’m a University of Pennsylvania alumnus/student that has had his civil rights violated. I’m an African-American male that was wrongfully arrested in Scottsdale, Arizona on October 28th, 2011. I’m from an impoverished background in Southwest Philadelphia; all of my older brothers have been incarcerated—except for myself. I have worked my way through this, and learned how to be a student. I’ve started my academic career at the Community college of Philadelphia and got into and graduated from one of the best schools in the country--University of Pennsylvania. I’m currently taking courses at the University through my job at one of the University’s libraries. I had taken off from work to see one of my brothers that were locked up in a federal prison in Arizona, when the transgressions occurred. I have a letter here that I’ve sent to the Scottsdale Police and various Arizona/Philadelphia/New York non-profit organizations to solicit help of any kind, please read and thank you in advance for doing so:


Scottsdale Police Department
9065 E. Via Linda
Scottsdale, AZ 85258


To Whom It May Concern:

My name is Andrew xxxxx, I’m a University of Pennsylvania alum and current student that has had his civil liberties trampled upon. On the night of October 28, 2011, I was wrongfully arrested and charged by police officer Peters (badge# 745).

First we were unlawfully stopped, Mr. Rawle xxx and Ms. Megan xxxx were the passengers in the front seat--while I had sat in the backseat. When stopped, Officer Peters had asked for license and registration from Mr. xxx. While sitting in the backseat, Officer Peters’ assisting officer had asked me “If I had I.D?” I had replied to him, “I’m sorry officer, but I’m from out of state and I did not know that I would have to provide I.D—if I’m in the backseat.” Officer Peters hearing this, looked into the car and threatened to “pull me out of the car.” In disbelief, I had asked him again what did he say? He yelled, “If you don’t show the officer your I.D, I will pull your ass out of the car!” After he yelled that at me, I had showed the other officer all of the identification I had on my person. While handing him my identification, I had asked for his name & badge number—a question which he had ignored, so I had asked again with no avail. After inspecting our identification, Officer Peters had asked us to leave our vehicle.

Outside of the vehicle, Officer Peters explains he had stopped our vehicle because the “light was a little dim, and now he was conducting an investigation.” Once again, I had asked for his name and badge number—but this time he had refused to tell me it and replied, “it will be on the citation!” After saying this, he yelled at us to sit on the curb. I’m noticing the area that he had pointed at us to sit, and realizing my herniated disks would become further aggravated if I had sat there, I told the officers “I have a bad back, I cannot sit there because of my bad back—but I’ll be get on my knees in a non-threatening position to comply with whatever it is you want.” Officer Peters’ co-officer had said, “sit on the curb!” And I had replied, “I had hurt my back playing sports “ while getting on my knees and putting my hands slowly to the ground. That is when Officer Peters had yelled, “get your ass on the curb or I’m going to arrest you!” I have a bad back, I had replied—while in a non-threatening kneeling position. He yelled out, “that’s it I’m arresting your ass for giving me attitude!”

While he was putting the handcuffs on me, I had replied “I’ve never been arrested before, and I’ve come all the way to Arizona for the first time to get arrested.” He then said you keep giving me “attitude.” While in handcuffs in a kneeling position, Officer Peters had continued to yell, threaten, and ask entrapping questions to Mr. Warner and Ms. Fells. I told them that they did not have to answer his questions. He then said, “I’m going to impound your car, it’s gonna get towed—if you don’t answer my questions!” And he had came over to me, and yelled “shut up!” And I had asked him, “why do you keep yelling?” He replied, “Because you keep giving me attitude!” And then he went back to asking inflammatory questions, which I had told them not to answer. And he finally yelled for his partner to take me away from his investigation.

While in handcuffs and sitting in the back of a patrol car, I had asked the officer what I was in handcuffs for. He replied, “Hindering an investigation and failure to obey.” I’d then asked, “when did the investigation start?” Officer Peters’ assisting officer responded, “The investigation started, when we pulled you over.”

When Officer Peters’ approached the vehicle, he read me part of my rights—until his patrol supervisor had pulled up. Then he rolled up the windows in the backseat, and turned up the radio so I couldn’t hear what they were talking about. In that instance, I had feared for my life. But nothing had happened, and I was transported to a holding facility.

After spending the night in a holding cell, Officer Peters had came in and took my information and later read me my rights fully. And then after that, I had told him how wrong he was and how he violated my rights as a citizen of this country. He had admitted guilt to me in our 30 minute discussion on “abuse of power.” I also have two witnesses in the holding cell that could attest to this. Please rectify this situation before it spirals out of control.

Sincerely,

Andrew xxxx

Thursday, February 16, 2012

About John George Loxas, II...

Below is the beautiful soul who was executed by Officer James Peters Tuesday in Scottsdale.  And here's the rally and march to show our outrage and demand the perpetrator be arrested for murder:

----------------------------

DIRECT ACTION FRIDAY, FEB 17 - 7pm

March on 
SCOTTSDALE 
POLICE DEPARTMENT


 --------------

On Facebook tonight...people should know more about this murdered man than what the police want you to know. This is apparently from John himself...


------------------


"I am a student of life. I have packed 150 years of life into 50 years and I plan to pack in another 300 years of life into the next 50 years.. I have worked hard and I have played hard. I have a non-religious relationship with God. I am a Polymath. My greatest pleasure outside of love, is knowledge.

I have had the honor of single parenting my beautiful daughter, Alexandria from 12 months of age to adulthood. It has been my greatest joy... And then, she doubled that joy the day she gave birth to my first grandson, Neo Amani Loxas. He is a bright new star in my sky.

I believe we live in a UNIVERSE of abundance, yet the greed of a few absorb and control the abundance leaving many innocent hungry, lost and ill. Homelessness, hunger and disease should not exist. I am a strong advocate of TRUE EQUALITY AND BROTHERHOOD OF MANKIND.... a unity of LOVE is our salvation.. and MUSIC is the ambrosia of our spirits.

I believe that the World Bank/International Monetary Fund/Federal Reserve/IRS, mainstream media, corporatism, Zionism and GREED are the true axes of evil whether or not, they know or believe that themselves. Right or wrong, true or untrue; this is MY belief, and I firmly stand by it.

I am not afraid of the unknown; it exhilarates me. I am not afraid of the government. I fear NO man. I fear NO army. I am not afraid to speak the truth, no matter what personal consequences await me. I am not afraid of death. I am not afraid of imprisonment. I am not afraid of God; for no loving God would put fear in my heart and frighten me into believing or loving anything. Free Will baby!!!

My favorite aromas are the ocean's mist, desert rain, a woman's neck, orange blossoms, and any aroma which stimulates fond memories of my past. Thai food is perhaps my favorite food. My body feels its best after a Thai meal, more than any other food combination. The Sing-ha may have something to do with that... YUMO.

I am a fierce fighter, and a fierce lover. I am healthy and strong. I am quick tempered when anyone attempts to betray me. Yet, I am as patient as Father Time with those who are loyal. For I am a loyal man to my family and friends. I will cross mountains and swim seas for any of them.. No amounts of money, power, drugs, or women can buy me. I cannot be bought. I cannot be frightened. Although I am a loving and compassionate human, I do have a dark side... And if you love me, you will never have to see it. If you are my enemy, you will live it.

We must end all WARS... We must end all HUNGER... We must punish only TRUE CRIMES, where actual VICTIMS exist... We must encourage more of the ARTS and SCIENCES and exploration of the cosmos... We MUST allocate charity (not taxation) to our infrastructure so that we can progress.

I have optimistic faith for the future of civilization and humanity..We must unite in order to evolve our civilization.. Infinity awaits us all.

More to follow............ MUCH more."

Wednesday, February 15, 2012

Scottsdale PD: Serial killer with a badge.

DIRECT ACTION FRIDAY, FEB 17 - 7pm



---------

This is so wrong. All this poor guy had was a cell phone in his pocket, and the cop shot him in the head when he turned away from him. And look at this guy Peters' record - more than just him is responsible for his belief that this would be a "justified" kill, too. His department has backed him up every other time he's left another person dead. He even got a Medal of Valor for killing a man, so why wouldn't he - and just about every other cop - think this was okay?


John Loxas and grandson
photo lifted from my buddy's blog at OP-NAT Eye -

John Loxas, smiling above with his grandson, is the murder victim, by the way. Apparently you don't even have to have criminal intent to kill someone to be charged with some degrees of homicide in Arizona, so there is a lot of room for how Peters can be charged. Lots of people go to prison for negligent homicide or manslaughter - some even second degree murder - without having had any "criminal" intent at all. The taking of a life is that grave of a business to us here...though we empower virtually anyone to run around with a concealed weapon here - our legislators want them in the schools and bars, even.



Scottsdale Police Officer James Peters


Officer James Peters, shown above in uniform, will probably never be charged with homicide for killing John Loxas. He won't be charged with a thing, is my bet. He probably won't even lose a day's pay. This will go down as an unfortunate but nevertheless "justified" kill. They justified it already by virtue of the type of information released to the media about John's run-ins with his neighbors and the police before. Please remember as you read this stuff that the state is in control of these press releases; the victims of the state have already been silenced, in cases like this, and his survivor's voices will likely never be amplified louder than the suggestion below that even though he wasn't carrying a gun or threatening the cops, he somehow deserved to be shot.

Our condolences to John's loved ones. Feel free to contact me if you want to connect with other families who have survived the loss of a loved one to police or prison violence, either for mutual support or to help change things. 

In any case, please make sure you sue them for this, and go after that cop's state certification

 My name is Peggy Plews (480-580-6807). 

You can call any time, or email me at prisonabolitionist@gmail.com

-----------from the Arizona Republic-------------- 


Arizona Republic

The Scottsdale police officer who shot and killed a man holding a baby Tuesday has been involved in seven shootings since 2002, six of them fatal, police said Wednesday.

Officer James Peters shot 50-year-old John Loxas on Tuesday evening after police were called to a house in the 7700 block of East Garfield Street, near Hayden and McKellips roads.

 Neighbors had called 911 earlier and said Loxas had threatened them with a handgun.

Peters, a former member of the department's SWAT team, was one of six officers who responded to the call. The 12-year police veteran is on administrative leave, which is standard after any police shooting, said Sgt. Mark Clark, a Scottsdale police spokesman.

According to the 911 call, the neighbors said Loxas was pushing his 9-month-old grandson in a stroller and walked over and kicked a neighbor's trash can into the street. When another neighbor went to pick it up, Loxas returned with the baby in his arms and started yelling, "You got a problem with that?" the caller tells the dispatcher. "The guy pulls out a gun, cocks it and aimed it at him."

When officers arrived, Loxas had returned to his house, but came to the door with the baby in his arms, police said. Peters and another officer told investigators that they saw a black object in Loxas' hand. Loxas turned to go back inside when Peters, who was standing 18 feet away at the edge of the driveway, shot him in the head with his patrol rifle, police said.
"(Loxas) was holding the baby in his left arm in front of his upper body and face. Moments later, he reached down to his right, lowering the baby, clearly exposing his head and upper body. Officer Peters responded to the movement with a single shot (to) the suspect's head.

The suspect fell to the ground and the baby was rescued by officers. The suspect died instantly," Clark said.

Peters "felt he had to prevent him from re-entering the house," Clark said. "The intent was to rescue the baby." Investigators later determined that Loxas was not carrying a gun but had a cellphone in his pants pocket.

A search warrant recovered a loaded pistol "a few feet from where the suspect fell inside the residence," Clark said. "It was wedged between the arm and cushion of a chair a few feet away from where he fell." It is the same pistol believed to have been used to threaten neighbors, he said. A loaded shotgun also was found near a chair a few feet from the pistol, Clark said. In addition, police found at least eight "Airsoft" type rifles and pistols, as well as "a functional improvised explosive device," he said.

Loxas lived in the house alone and babysat his grandson often, police said. The home was filled with garbage and clutter and a city inspector determined the home to be uninhabitable Wednesday, Clark said.

In 2010, Scottsdale police were called to the house because Loxas was threatening neighbors with a pistol, police said. He has been arrested at least once, police said. The 911 caller told the dispatcher that this wasn't the first time that Loxas had pointed a gun at neighbors.

On Wednesday, several neighbors said that house parties were frequently held at the man's home, often lasting until 3 a.m. or later. Residents of two nearby homes said they had filed noise complaints with police.

Scottsdale police Chief Alan Rodbell said he is confident that the external review by legal experts will "leave the community with the same sense of confidence that I have in my officers, my detectives and oversight in this very serious incident."

Lyle Mann, executive director of the Arizona Peace Officers and Training Board, a state law enforcement panel, said that he couldn't comment specifically about Peters, because he didn't know the circumstances of the seven shootings. But he said "some are functions of assignment."

"If you are out chasing armed felons every day, there's the probability that they're going to be bad people. While it feels like it clearly is an anomaly in terms of this person being involved in this many discharges, I wouldn't read anything into that," Mann said.

Each of Peters' previous shootings have been determined justified through an internal investigation as well as an external investigation by the Maricopa County Attorney's Office.

Peters' previous fatal shooting occurred in March 2010, when Peters shot and killed a man suspected in a string of bank robberies. At the time, The Republic reported that the city had settled in 2009 with the family of one of the people involved in a different fatal shooting for $75,000 but denied liability.

In another case, Peters was honored for his actions in responding to a hostage situation and the hostage thanked the officer for saving his life and shooting the suspect.

Peters also was involved in these previous shooting incidents, police confirmed:

Nov. 3, 2002: Peters was one of three SWAT officers who fired at Albert Redford after a nearly four-hour standoff at his north Scottsdale home. Officers had been called out for a report of domestic violence. Officers fired a total of seven shots, striking Redford three times.

March 25, 2003: Peters shot and killed disbarred lawyer Brent Bradshaw, 47, of Scottsdale. Officers responded to shotgun blasts at Bradshaw's home. Three hours later, police found Bradshaw wandering along the Arizona Canal at Miller and Chaparral roads, carrying a shotgun. Officers tried unsuccessfully to get him to put down the gun.

Oct. 10, 2005: Peters shot and killed Mark Wesley Smith, a burglary suspect, during a confrontation outside an auto-body shop near Hayden and McKellips roads. Smith was smashing car windows in a rage outside the body shop. Autopsy reports would later show that he was high on methamphetamine.

April 23, 2006: Peters shot and killed Brian Daniel Brown, 28, who took a Safeway employee hostage after he hijacked a Krispy Kreme delivery truck in Peoria. Peters received a Medal of Valor for this incident in June 2007.

Aug. 30, 2006: Peters and Officer Tom Myers fatally shot Kevin Hutchings after Hutchings fired at least one round at police outside his northeast Mesa home. Scottsdale police were trying to contact Hutchings about a Scottsdale assault earlier that evening with a longtime acquaintance of Hutchings. Hutchings' family sued the city and eventually settled out of court for the $75,000, city officials said.

Feb. 17, 2010, Peters and Scottsdale Detective Scott Galbraith shot Jimmy Hammack Jr., 46, after Hammack drove his truck toward detectives who were investigating him as a suspect in three Scottsdale bank robberies and two in Phoenix. Hammack later died from his injuries.


This is the second time in less than three weeks that a Scottsdale police officer shot and killed a man.

On Jan. 28, Jason Edward Prostrollo, 25, was shot dead after officers were called to the north Scottsdale home of Prostrollo's acquaintances. Police were called in the early morning by a 35-year-old woman saying Prostrollo, a guest in her home, was drunk and fighting with her 50-year-old boyfriend, and had a knife.

Prostrollo, a former Marine with two tours of duties in Iraq, came out of the house with pieces of a pool cue in each hand, police said. He ignored commands to drop the cues and stop walking, police said. A K-9 officer released his dog and a bite from the dog didn't deter Prostrollo, who kept walking toward officers.

That's when Lt. Ron Bayne shot Prostrollo and killed him.

Prostrollo's family and friends have questioned the police department's use of lethal force.

Reporter John Genovese contributed to this article.


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 Roosevelt Street Artwalk: Phoenix
(June 4, 2011)