Civil Liberties
Jaywalking Violence
June 28, 2010 - 2:15 PM | by: Dan SpringerWhen a 17-year old jaywalker was punched by a Seattle police officer recently, the video went viral. News shows around the world played the amateur video and it became an internet sensation.
The fallout in Seattle has been interesting. But before the reaction, a full description of the incident and the portion of it that was caught on tape.
The video begins with Seattle police officer Ian Walsh struggling with 19-year old Marilyn Levias who had been part of a group of four people Walsh witnessed jaywalking across a busy Seattle street. Walsh appears to be trying to handcuff Levias, but she is pulling away while yelling obscenities at the officer.
That’s when 17-year old Angel Rosenthal injects herself into the fray. She is seen pushing officer Walsh as he tries to control Levias. Walsh then punches Rosenthal in the face.
City Attorney Peter Holmes blasted the officer and the entire Seattle Police Department saying the incident showed a complete lack of leadership. Some city council members called the punch an over-reaction. And that sentiment was also expressed by several interest groups including the A.C.L.U. and Seattle Urban League.
The former civilian auditor from the Office of Professional Accountability joined the chorus of critics. Kate Pflaumer mentioned that in four of her audits dating back to 2003 she noted that minor street offenses including jaywalking often lead to violent confrontations.
Pflaumer, who investigated complaints against police, said the problems usually were sparked by jaywalkers who refused to comply with officer’s orders. She blamed cops for over-reacting to the challenge to their authority noting the incidents frequently ended with police takedowns.
The auditor concluded Seattle P.D. should do a better job of de-escalation training. But most police officers and those who train cops say officer Walsh reacted appropriately to what was an assault by the 17-year old.
Police are trained to attempt to verbally calm an escalating situation, such as when a jaywalker becomes abusive after being stopped for what is perceived to be a minor offense. But when the decision is made to issue a ticket or arrest someone, the officer may be required to use some force. And when a third person enters the arrest, it can be a very dangerous time for the officer who must protect himself and his gun.
Captain Rex Caldwell who is commander of the Basic Law Enforcement Academy for the state of Washington says Walsh would have been justified to use pepper spray, a taser gun or throw a punch.
The interesting question raised by the incident, what do we want our officers to do when enforcing minor infractions and the citizens ignore, or worse physically resist the officers?
Seattle P.D. enforces jaywalking laws far more than most cities. In 2007 police issued more than 2,500 jaywalking tickets. Compare that to the 99 written by New York City police during a so-called year long crackdown on jaywalking there.
Many citizens hate getting a $56. ticket for what they believe to be a victim-less crime. Or if there is going to be a victim, it would be them. Pedestrian advocacy groups even argue that jaywalking makes sense when done with caution.
Meantime, officer Walsh is still on desk duty while there is an internal investigation of the punch. But at least he did get an apology from the girl on the receiving end. Angel Rosenthal told officer Walsh she was wrong to intervene in the arrest. The jaywalker has been charged with a gross misdemeanor obstructing a police officer.



























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