Author Topic: Security guard beaten at SF Black Rock  (Read 376244 times)

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nopes

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Re: Security guard beaten at SF Black Rock
« Reply #690 on: January 08, 2019, 06:15:37 PM »
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Hard to let this one go, don’t see a problem with filming street
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how is it exploitive

You don’t love the human being with a tongue stickin out dressed in silver?

you dont think filming down and out people for purposes of entertainment isnt exploitation? assuming the subjects arent granting specific permissions that is.

Lenny the Fatface

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Re: Security guard beaten at SF Black Rock
« Reply #691 on: January 08, 2019, 07:06:27 PM »
It's important to stress that violence should only be a last resort form of self defense. I understand the desire to get a full story before casting judgment but we need to separate ourselves from tacky shit like this.


anontechnician

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Re: Security guard beaten at SF Black Rock
« Reply #692 on: January 08, 2019, 08:26:24 PM »
Filming is exploitation. Film is medium. Media owned by corps.

A bum snoring on a ledge being ollied at 90mph is being exploited less than the paid skater who lands in traffic. Nobody profiting from that clip interacted or affected that bum in any way, unless it was staged. And film is a pretty good representation of reality, which is why the scene of the dude in red goggles drags. They had to work to get that joint into his hands and to light it. That looks like exploitation. Other clips of theirs don’t. Film is genuine. You decide.

loving this dystopian timeline we’re living in where, for less than a good night at the bar, you can pay professional skateboarders and other d list celebrities to say problematic shit

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #693 on: January 08, 2019, 08:33:34 PM »

 

I have gotten shit for this and a few days ago I saw security video footage that showed the guard making the first attack


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I feel the need to clarify what I see as a common misunderstanding. The security role is to guard ( defend ) the property with which your assigned to. If, in doing so, a person (or group of people) physically prevent you from doing so ( moving your barriers ) in an aggressive manner you are legally justified to reflect that level of aggression via the use of force continuum. If you are alone and are working against an assumed group of 7 ( because they were all working in unison as skateboarders ) you are typically justified in making the first "attack" because it's being done defensively by virtue of your role and the circumstances, in this case.
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verbal non-compliance only warrants soft touch(garner vs Tennessee) I had thought he told them to leave, they wouldn’t, they moved barriers and he made first physical contact.

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"In practice, however, the Garner case has had less impact on state-level police practices than originally may have been anticipated. This is because Garner, and a subsequent case, Graham v. Connor, 490 US 386 (1989), established that the reasonableness of an officer's use of force, whether against a fleeing suspect or otherwise, is to be determined from the perspective of the officer under the circumstances that were apparent to him or her at the time. As the Graham court made clear, this deferential standard prevents most second-guessing of an officer's judgment about use of force. Indeed, it may be that Garner's legacy is not so much one of changing the use of deadly force by police as it is of eliding use of force policies and practices by shifting them from the statutory to the customary."



Maybe you should read the entire wikipedia article next time, dummy
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Did u read into the subsequent case? I read about it here http://www.aepscorp.com/lesson/lesson-5-use-of-force-1/

When I clicked the graham case reference it lead me to garner.
Either way they are the earliest cases of excessive force and are used in determining the scales security guards use to assess threats. Thanks for insulting me for trying to learn hope u feel better about yourself

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #694 on: January 08, 2019, 08:45:35 PM »
Tennessee statute provides that if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest." Acting under the authority of this statute, a Memphis police officer shot and killed appellee-respondent Garner's son as, after being told to halt, the son fled over a fence at night in the backyard of a house he was suspected of burglarizing. The officer used deadly force despite being "reasonably sure" the suspect was unarmed and thinking that he was 17 or 18 years old and of slight build. The father subsequently brought an action in Federal District Court, seeking damages under 42 U.S.C. 1983 for asserted violations of his son's constitutional rights. The District Court held that the statute and the officer's actions were constitutional. The Court of Appeals reversed.

Held:

The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Pp. 7-22. [471 U.S. 1, 2] 

https://caselaw.findlaw.com/us-supreme-court/471/1.html

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #695 on: January 08, 2019, 09:22:01 PM »
Prouse, supra, at 659. The use of deadly force is a self-defeating way of apprehending a suspect and so setting the criminal justice mechanism in motion. If successful, it guarantees that that mechanism will not be set in motion. And while the meaningful threat of deadly force might be thought to lead to the arrest of more live suspects by discouraging escape attempts, 9 the presently available evidence does not support this thesis. 10 The fact is that a majority of police departments [471 U.S. 1, 11]   in this country have forbidden the use of deadly force against nonviolent suspects.

if you’re skateboarding and security initiates physical force theyve broken the law. Scratching a curb isn’t a felony crime. Obviously swinging your board is deadly force I’m not sticking up for them

thebaggy

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Re: Security guard beaten at SF Black Rock
« Reply #696 on: January 09, 2019, 12:51:06 AM »

if you’re skateboarding and security initiates physical force theyve broken the law. Scratching a curb isn’t a felony crime. Obviously swinging your board is deadly force I’m not sticking up for them

   This is untrue. You are applying case law pertaining to the use of deadly force (by Security or Police) to a different situation. You are comparing apples to oranges.
   
   
Rotate your wheels regularly.

nasalcrilltobackpaddle

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Re: Security guard beaten at SF Black Rock
« Reply #697 on: January 09, 2019, 12:54:16 AM »
Prouse, supra, at 659. The use of deadly force is a self-defeating way of apprehending a suspect and so setting the criminal justice mechanism in motion. If successful, it guarantees that that mechanism will not be set in motion. And while the meaningful threat of deadly force might be thought to lead to the arrest of more live suspects by discouraging escape attempts, 9 the presently available evidence does not support this thesis. 10 The fact is that a majority of police departments [471 U.S. 1, 11]   in this country have forbidden the use of deadly force against nonviolent suspects.

if you’re skateboarding and security initiates physical force theyve broken the law. Scratching a curb isn’t a felony crime. Obviously swinging your board is deadly force I’m not sticking up for them

Goddammit, this just confirms my theory that the average skateboarder is a fucking moron. I can't believe you read all of that and still don't get it. Security CAN initiate physical contact as long as they are responding to non-compliance, meaning if you refuse to leave the premises and keep skating, the security guard is justified in using physical force to stop you. Furthermore, if you are non-compliant AND threatening to the security guard (from the guards perspective, evaluated using the reasonableness test) the guard is then cleared to use more aggressive contact, pepper spray, batons, etc to defend themselves.

Basically, there is no way that a court will find the guard at fault in this case.

Also, your reading comprehension needs work.

thebaggy

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Re: Security guard beaten at SF Black Rock
« Reply #698 on: January 09, 2019, 12:57:35 AM »
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Prouse, supra, at 659. The use of deadly force is a self-defeating way of apprehending a suspect and so setting the criminal justice mechanism in motion. If successful, it guarantees that that mechanism will not be set in motion. And while the meaningful threat of deadly force might be thought to lead to the arrest of more live suspects by discouraging escape attempts, 9 the presently available evidence does not support this thesis. 10 The fact is that a majority of police departments [471 U.S. 1, 11]   in this country have forbidden the use of deadly force against nonviolent suspects.

if you’re skateboarding and security initiates physical force theyve broken the law. Scratching a curb isn’t a felony crime. Obviously swinging your board is deadly force I’m not sticking up for them
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Goddammit, this just confirms my theory that the average skateboarder is a fucking moron. I can't believe you read all of that and still don't get it. Security CAN initiate physical contact as long as they are responding to non-compliance, meaning if you refuse to leave the premises and keep skating, the security guard is justified in using physical force to stop you. Furthermore, if you are non-compliant AND threatening to the security guard (from the guards perspective, evaluated using the reasonableness test) the guard is then cleared to use more aggressive contact, pepper spray, batons, etc to defend themselves.

Basically, there is no way that a court will find the guard at fault in this case.

Also, your reading comprehension needs work.

No sense in being mean, suppose this dudes genuinely trying to learn this ish.
Rotate your wheels regularly.

oldgoodburger

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Re: Security guard beaten at SF Black Rock
« Reply #699 on: January 09, 2019, 02:15:28 AM »
RE:”ripping off artists”... it’s appropriation.

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #700 on: January 09, 2019, 06:24:15 AM »
Your reading comprehension needs work because I literally said a hundred times I’m not sticking up for them. The first video looked like the guard lunged off the fucking ledge at them to me fuck off witb attacking me personally guards can’t just beat the shit out of someone For skating and literally the exact code of conduct depends on what state u are in

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #701 on: January 09, 2019, 06:26:49 AM »
SECURITY CANNOT INITIATE force. Obviously because they weren’t moving and pushed him when he grabbed their board he can use force because that’s not initiating. Holy fuck I’m speaking in general terms now because it’s not something I’m totally familiar with and their are security guards probably lurking this topic that are going to go ham on kids in defense that this dude was attacked

cherry

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Re: Security guard beaten at SF Black Rock
« Reply #702 on: January 09, 2019, 06:33:33 AM »
Are you trying to say that if I’m skateboarding on businesses property that the security guard can attack me without warning?

underworldwide

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Re: Security guard beaten at SF Black Rock
« Reply #703 on: January 09, 2019, 06:55:49 AM »
That group synergy. Societal losers who think theyre hard always act negative in a group to opposition. None of those dudes would be fuckin with gaurds like that if they were alone, same as all the shit in videos. Think, jesse could of just left and gone frauded thousands of dollars and face less time if caught. But no, yall wanted to fuck with a damn security gaurd like a child. Straight dumbass shit. That whole group is dumb. 

chipped tail

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Re: Security guard beaten at SF Black Rock
« Reply #704 on: January 09, 2019, 07:31:47 AM »
i feel like this type of incident happens more often that we know. In my home town a few dudes were out skating street spots at some warehouse businesses. A guard came out hot and a fight ensued. the group of skaters fucked the guard up and one of the skaters truck bashed the guard in the head. They all got arrested a day or two later. There was minimal jail time, but a long probation and community service time. because it was a first offense and the guard didnt have lifelong injuries the guys got off with fairly lite sentence considering they jumped a guy on private property and sent him to the hospital. We only heard about the blackrock incident because its high profile involving pro skaters and filmers and made the news. I think JV is going down hard tho and the judge is going to make an example of this case since its in the public eye

Dad Muska

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Re: Security guard beaten at SF Black Rock
« Reply #705 on: January 09, 2019, 07:58:31 AM »
The GX1000 crew were out filming skateboarding at a blown out SF hotspot.
They were were almost certain the day would end with stacking clips. 

But as they were skating, confrontation reared it's ugly head.

- Yo, You can't skateboard here!

[record scratches]

The crew heard the comment and had a simple choice to make: Listen to what the man had said and go skate somewhere else, or stay at black rock and "KEEP IT REAL."
Mom Penny

cynical cow

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Re: Security guard beaten at SF Black Rock
« Reply #706 on: January 09, 2019, 08:32:43 AM »
i feel like this type of incident happens more often that we know. In my home town a few dudes were out skating street spots at some warehouse businesses. A guard came out hot and a fight ensued. the group of skaters fucked the guard up and one of the skaters truck bashed the guard in the head. They all got arrested a day or two later. There was minimal jail time, but a long probation and community service time. because it was a first offense and the guard didnt have lifelong injuries the guys got off with fairly lite sentence considering they jumped a guy on private property and sent him to the hospital. We only heard about the blackrock incident because its high profile involving pro skaters and filmers and made the news. I think JV is going down hard tho and the judge is going to make an example of this case since its in the public eye
This incident isnt high profile because of the skaters and filmers, it's high profile because the security guard DOES have lifelong injuries unlike the incident you stated. A part of his brain and skull are missing and he does not recognize his own family and friends.

horser

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Re: Security guard beaten at SF Black Rock
« Reply #707 on: January 09, 2019, 09:22:41 AM »
don't know if it makes any difference, but the part of his skull is missing because it's been removed to relieve pressure on the swollen brain, not because dude bashed it in.

a buddy of mine was black out drunk and acting a fool at some 24 hour restaurant, somebody asked him to leave and being drunk, he started fighting the guy, guy knocked my homie out and he fell straight back onto his skull. my buddy goes into a coma for like 3 months, part of his skull is temporarily removed just like Dan's in the pic, just so his brain doesn't press up against it and damage itself any more. Doctors told us all this stuff about how he wouldn't remember any of us and how he'd need assistance for the rest of his life or might have limited brain function, he was hazy for a few months after waking up, slurred speech and shit but he pulled through and is like 100 percent good now. Though he has seizures like once or twice a year now, though idk if its because of his injury or his continued drug intake (shrooms, weed, nothing heavy). Real shitty part is doctor tells him he lopped off a good 10 years from his life expectancy.

This whole SF situation is heavy as hell, huge bummer for all involved. Guess point I'm trying to make is that nobody had to be especially brutal to give someone life threatening injuries, guy just had to fall in the right way. I think its dumb to call for Jesse's head in some macho Republican bootlicker kinda way which seems to be the sentiment from a lotta people in this thread. But the dude did the crime, I'm sure he's prepared to do the time. I haven't really seen any of the GX dudes or accounts  outright defend their homie or their actions.

cloudy

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Re: Security guard beaten at SF Black Rock
« Reply #708 on: January 09, 2019, 09:42:41 AM »
I haven't really seen any of the GX dudes or accounts outright defend their homie or their actions.

matt finley just posted this on his instagram story



thebaggy

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Re: Security guard beaten at SF Black Rock
« Reply #709 on: January 09, 2019, 11:17:04 AM »
Are you trying to say that if I’m skateboarding on businesses property that the security guard can attack me without warning?

Yo. I've owned and operated a security company in the bay area for the last 3 years. Security guards should not attack anybody without warning, that would be rediculous. You can say that a security guards parameters are tertiary; operating under company policy, then law ( state and federal ) as they apply to criminal court, and civil court. Most companies employ a conservative use of force policy ( for liability sake ). Observe and report, de-escalation and avoidance ( as it pertains to conflict ). These policies however reflect an ideological set of circumstances, and differ greatly from what a security guard is capable of doing as it pertains to criminal court. In criminal court the prosecutor has to prove the defendant ( in this case, security guard ) went beyond a reasonable doubt in breaking the law.
  For instance, if a security guard is dealing with 2 skateboarders ( refusing to leave ) from her property ( which is gated ) and she decides to confiscate their skateboards ( say to throw em over the fence ) and the two guys both start grabbing on their boards ( obstructing her gait by virtue ) and she decides to Pepper spray them. Upon getting sprayed they run off, dude fractures his wrist on the way off the fence. Although this is a pretty contentious situation: She would most likely do fine in criminal court via private property laws, justifiable use of force doctrine, etc.
   This isnt to say that she acted within the parameters provided by her company, and perhaps one could settle in civil court because It is only the preponderance of the evidence required.
Rotate your wheels regularly.

BaronOBeefDip

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Re: Security guard beaten at SF Black Rock
« Reply #710 on: January 09, 2019, 11:42:03 AM »
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I haven't really seen any of the GX dudes or accounts outright defend their homie or their actions.
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matt finley just posted this on his instagram story


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Yikes

shit_for_brains

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Re: Security guard beaten at SF Black Rock
« Reply #711 on: January 09, 2019, 11:53:30 AM »
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I haven't really seen any of the GX dudes or accounts outright defend their homie or their actions.
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matt finley just posted this on his instagram story


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[close]

Yikes


heritage

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Re: Security guard beaten at SF Black Rock
« Reply #712 on: January 09, 2019, 01:11:19 PM »
Worth repeating, Matt Finley is an idiot. Completely clueless idiot.

Also worth repeating what someone else mentioned, some of you bad ass, modern day "skate outlaws" in this thread would feel a hell of a lot different if that was your old man laid up in the hospital bed with a caved skull and couldn't even remember your name. I hope Jesse Viera rots in a shithole cell for a long time. "Oh but he didn't mean to do it!" Well of course he didn't! There are millions of dudes doing bids that "didnt mean to do it".

Allen.

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Re: Security guard beaten at SF Black Rock
« Reply #713 on: January 09, 2019, 01:57:58 PM »
Ryan G rules and is absolutely caring

I'm sure you're right in 99.9% of instances of dude, but the video of the incident does not show that, and in fact, shows otherwise
For someone w.no signature ur awfully hostile, & that is why I do this

RIDEFLANNELV2

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Re: Security guard beaten at SF Black Rock
« Reply #714 on: January 09, 2019, 02:19:23 PM »
Well duh. He was probably trying to film it long lense.

Here Come The Lame Jets

notcool

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Re: Security guard beaten at SF Black Rock
« Reply #715 on: January 09, 2019, 02:31:45 PM »
any update on jesse? i heard they were holding him on a no bail bond.  i thought he was supposed to be arrainged at the beggining of January?

Bumpovertrash

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Re: Security guard beaten at SF Black Rock
« Reply #716 on: January 09, 2019, 03:18:07 PM »
any update on jesse? i heard they were holding him on a no bail bond.  i thought he was supposed to be arrainged at the beggining of January?
He went to court Friday morning and is back in jail. He  will stand trial not sure when though

thomas kook

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Re: Security guard beaten at SF Black Rock
« Reply #717 on: January 09, 2019, 03:27:30 PM »
Are you trying to say that if I’m skateboarding on businesses property that the security guard can attack me without warning?

you really think these happy-slappers didn't get a single warning from the security dude or how dumb are you exactly

notcool

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Re: Security guard beaten at SF Black Rock
« Reply #718 on: January 09, 2019, 03:29:40 PM »
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any update on jesse? i heard they were holding him on a no bail bond.  i thought he was supposed to be arrainged at the beggining of January?
[close]
He went to court Friday morning and is back in jail. He  will stand trial not sure when though
thats gotta suck rotting in county jail

BaronOBeefDip

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Re: Security guard beaten at SF Black Rock
« Reply #719 on: January 09, 2019, 03:51:31 PM »
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any update on jesse? i heard they were holding him on a no bail bond.  i thought he was supposed to be arrainged at the beggining of January?
[close]
He went to court Friday morning and is back in jail. He  will stand trial not sure when though
[close]
thats gotta suck rotting in county jail
Boohoo. What has to really suck is having your head caved in. Fuck outta here