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December 16, 2008 8:36 PM PST

Officer who body-slammed cyclist indicted

by Greg Sandoval
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The New York City police officer who was seen on YouTube last summer tackling a bicyclist in what appeared to be an unprovoked attack, has been indicted.

Patrick Pogan, a cop for just three weeks before a videotape appeared on YouTube that showed him slamming a cyclist to the ground without providing any warning, is charged with misdemeanor assault and felony counts for allegedly falsifying his report.

Pogan, 23, pleaded not guilty on Tuesday. He was released without bail and ordered to return to court on February 4, according to the Associated Press.

On June 25, Pogan was watching hundreds of bicyclists ride past him during a monthly protest known as "Critical Mass" when he is seen on the video running toward something off camera. Then, without any warning, he crashes into bicyclist, Christopher Long, who appears to be trying to avoid Pogan.

In his report, Pogan said that he warned the bicyclist to stop and that the cyclist intentionally rammed the policeman. Pogan's attorney told the AP that Pogan reacted to something Long did that was not visible on the tape.

That's not going to hold water, of course. What Pogan wrote in his report was that Long tried to steer his bike into Pogan and that he warned Long to stop. The video, taken by tourists, doesn't support that.

I've watched that video more than two dozen times and it still irritates me. The assault was bad enough, but Long had to spend the night and most of the next day in jail based on what Pogan wrote in his report.

Of the many contributions that YouTube has made to communication among the masses, is that it arms witnesses to wrongdoing with an unprecedented way to expose misdeeds. The video of the incident has been watched 1.8 million times.

Greg Sandoval covers media and digital entertainment for CNET News. He is a former reporter for The Washington Post and the Los Angeles Times. E-mail Greg, or follow him on Twitter at http://twitter.com/sandoCNET.
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by XxDonnyxX December 16, 2008 9:15 PM PST
And cops wonder why they are hated.
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by LeopoldStotch December 16, 2008 9:21 PM PST
Interesting how another police officer was there and witnessed the whole thing and did nothing to prevent this crime committed by another person "dedicated to protecting the public." Are both of these criminal cops under arrest? Doubtful. This is typical behavior of the police, not abborant. Clearly, by the conduct of the other criminal in blue, there is a culture of corruption among the police in NYC, not to name Los Angeles, Chicago, etc... that condones abusive, criminal, reckless, wanton, sickening behavior. I can only imagine these cops were merely "entertaining" themselves by beating up an innocent person.
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by sandonet December 16, 2008 10:00 PM PST
That's an excellent point about the other officer. He should be answering for why he didn't speak up if he hasn't already.
by ekajekajekaj December 16, 2008 11:24 PM PST
Saying this is "typical behavior of police" almost borders on some definitions of hate speech (look it up in wikipedia). What happens to that statement when it is applied to a person of a certain ethnicity, religion, or another one of many different groups of people? Then it becomes wrong.

Was what the cop did wrong? Yes, absolutely, but he probably made a incorrect generalization about all bicyclists participating in the event before he even woke up that morning and then carried it out on an innocent singular cyclist...who really knows?
by trd1282 December 16, 2008 11:53 PM PST
ekajekajekaj

"Police" are made up of many ethnicities. You are getting severely off point, this is about control mechanisms in larger society.
by sanenazok December 17, 2008 6:22 AM PST
@ekajekajekaj - look it up on wikipedia (actually don't use wikipedia for anything worthwhile, actually) hate speech European laws don't apply to the US...unless the incoming admin turns the US into France both economically and socially. The police suck...they exist as ticket writing county income generators that may or may not be there when needed. Having been the victim of violent crime in two large cities (Europe and the US) police wordlwide are only good for arresting someone who has already confessed, but even then it'll take them years. 'nough said.
by xcopy December 17, 2008 10:39 AM PST
@ekajekajekaj

Let's call a spade a spade, shall we? Guys like you are part of the problem. Period.

Those that defend cops and bad behavior everywhere because you're too afraid to label an individual or a group as what they really are because you might offend someone. Your rush to protect someone (i.e., the guilty) means the problem gets brushed aside.

I've got some news for you, cops everywhere, in large cities and small, more often than not are sick or at least have a screw loose. At least 50% (or more?) of cops are borderline psycho's, and they join "the force" so they can abuse others. The "desire to help" is often a cover up for a "desire to dominate".

The video illustrates what goes on all the time. Events don't always get reported, or if it does the "police report" is such a mythical creation that the "suspect" is victimized without any hope of the truth coming out...One doesn't have to "do" anything, as demonstrated by this video, to incur the wrath/anger/abuse of a sick individual carrying a weapon.

You want sick? Try LA cops (I've known several personally and at least one was very sick), I used to look away in shame and disgust as he related beatings he dished out. Rodney King wasn't about race. Those cops would have ganged up on a white guy in the same way. It's about power, dominance, and violence.

Come back to Boston where I've had a cop tell me he "could shoot me and get away with it" [his words, not paraphrasing] because I didn't leave my hands on the steering wheel while receiving a ticket on one of Boston's busiest downtown streets. It was 9:00 a.m., a bright Spring day, on a work day and I was caught in an intersection when the lights changed. He stopped two of us, but he let the other driver go (a black woman). I'm white, he was black and a racist, but also just violent. He got nothing out of abusing a woman on the street, but a white professional? Fair game... He could "shoot me"? For a traffic ticket? He didn't show up in court so the BS "ticket" was dismissed..

In short, you're part of the problem now and will continue to be until you wise up to the fact that there are serious problems with cops everywhere. Think about it. Does any sane person want to be a "cop"?
by pencoyd December 16, 2008 9:31 PM PST
Time to re-read David Brin's The Transparent Society. Cameras, cameras everywhere... the only effective response to government surveillance is to make sure the citizens have cameras, too.
Reply to this comment
by nicmart December 16, 2008 9:46 PM PST
The cameras will become ever more important (if not illegal) as the level of socialism and repression increase.
by mikeschr December 16, 2008 10:34 PM PST
Socialism is an economic system in which the government controls industries and the means of production. It sounds like you're thinking of totalitarianism, which involves repression. I think that's what nicmart meant to say.
by shootthecops December 16, 2008 10:04 PM PST
the average day for a policeman consists of pulling over speeders. when i see a cop on the road he's usually speeding. cut the police force by 75%, they only need to be available for helping citizens in danger.

http://politicsoftechnology.blogspot.com/
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by jeroneanderson December 17, 2008 3:14 AM PST
Agreed. It is a common but bad example when cops break speed limits even when they are not evidently pursuing anyone.
by _PJ_ December 17, 2008 9:20 AM PST
Police are there to protect the public. One of the highest causes of fatalities in the US is traffic crashes, and speed is one of the highest contributing factors.

More people are killed in cars each year than in homicides, natural disasters, and most natural causes. Heck, the war in Iraq is still behind in fatalities compared to car crashes. Police reducing the chance of crashes and encouraging safe driving IS protecting the citizens and keeping them out of danger.

Cutting the police force by 75% is foolish.

As for police speeding I do not have statistics on it as they are typically not cited nor statistics generated. While on duty though they are given that right if they can justify it, although its an enforcement issue and on that I do agree with you. Also keep in mind the average law enforcment officer has clocked more time behind the wheel than a lot of other drivers, and has been specifically trained on how to operate their vehicle at high speeds and adverse conditions. Yes they still do get into accidents, but far less than regular everyday drivers.
by gggg sssss December 17, 2008 7:15 PM PST
and stopping in no stopping zones to pick up donuts
by assman December 16, 2008 10:20 PM PST
Socialism would mean more cameras you moron. How would they become illegal due to socialism? I can't stand people who talk out of their ass.
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by Herbal Ed December 17, 2008 1:45 AM PST
Who's the ass here, "assman"?
by assman December 17, 2008 9:42 PM PST
That was entirely predictable.
by frankholdem December 16, 2008 10:27 PM PST
I certainly hope this fellow isn't a policeman anymore. He is clearly not cut out for that type of work.

Up here in Canada we had an incident in which a few policemen tazer'd a fellow at the airport and that fellow ended up dying. The story that the cops initially reported to the news didn't jive at all with the video that came forward from a bystander who happened to video the whole thing.
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by anewsboy December 18, 2008 7:31 AM PST
And then despite the video the Province declined to charge these four murderers who chose to light him up then pile on him. But then I guess that since he was just a Polish tourist here to see his mother it wasn't a serious matter
by humanssssss December 16, 2008 11:00 PM PST
There ought to be a law that require video taping crime scene so police can't lie. There are so many incidents like this across America, it is sickening.
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by jeroneanderson December 17, 2008 3:16 AM PST
Some taser's have built in video cameras. They probably all should. With the number of security cameras and personal cameras around now it helps though there is no privacy and the potential to misinterpret video is always there by leaving out important viewing angles.
by Dalkorian December 17, 2008 12:06 PM PST
Agreed. What really grinds my gears is the fact that in court a cop is considered worth 3 witnesses, which means when a cop decides to lie about what you were doing you have to have 4 friends backing up your story before it's even considered - the court automatically considers YOU a liar!

Force all cops to videotape all interactions they have with the public. If they fail to do so, their "case" is thrown out for "lack of evidence". This will make it harder (not impossible) for the cop to get away with a bold faced lie like what happened here.
by DetectiveBooby December 17, 2008 1:03 AM PST
To be honest, I have a love/hate relationship with police.

Yes they do a lot of things that are above the law, and yes a lot of them can be less than courteous, but what about the cops that risk their lives everyday in the worst neighborhoods in America? For every police officer who stretches the boundaries of decency, there are plenty of other officers who do that right thing and try to protect the community.

And as police, they are granted the unwritten/unspoken ability to go beyond law to protect and sometimes they abuse that right.

We can group the 10 or so cops that appear on youtube that commit a crime, or we can be respectful of that line of work and try to make sure this does not happen.

Look, no one likes the police but it is unfair to generalize and defame a job that requires that you put yourself in more danger than most people. I would not want to be an officer in South Los Angeles, Chicago, New York City, or any urban area populated by gangs, drug dealers, and other dangerous members of society.

It is sometimes hard to defend the police. There are so many branches within branches of police forces, all doing different things. Its hard to see why you should respect a guy who waits at an intersection to just see if you make a complete stop before making a right turn on that red, or waiting for the old lady to completely clear the cross-walk, but I do have respect for them as a whole.

Imagine a world without an abundance of police is a little scary. People behave when a patrol car is around, people act "safer", more "lawful." I know the crap of cops, I have personal experience. I still respect them, and for any of you people here that just want to run this line of work in the mud, you go be a cop in South LA, and just give tickets. See how that messes with your head.
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by brian.lee December 17, 2008 4:34 AM PST
You do realize that a criminal record can ruin your life right? Depending what you want to do? you can't be a nurse or a doctor, teacher, and in some cases you can't even work in the finance industry. The fact of the matter is this was un unprovoked incident and it's shocking to hear not one but 2 police officers LIE all for what? did they even know the cyclist... imagine if it was a more serious crime and there was serious jail time involved??? they would be sending and innocient man to jail.
by CoffeeZombie December 17, 2008 7:09 AM PST
brian.lee: You do realize that this involves two police officers in a department with over 37,000, right? Even if we assume that 10% of the officers in this police department are like this guy, that leaves 33,300 good officers.

DetectiveBooby's point was that it is wrong to paint those 33,300 officers with the brush given by 3,700.
by atmuscarella December 17, 2008 8:42 AM PST
If as a society we would stop allowing people to us government/laws to try and enforce their brand of morality on other people then we wouldn't need hardly any police. If you want less crime:

legalize prostitution, drugs, and gambling. Then tax and regulate them. Crime goes down, tax revenue goes up, the need for police goes down. But of course we would rather spend billions trying to prevent the use of prostitution, drugs, and gambling while violent crime organizations are built around providing those same items.
by Herbal Ed December 17, 2008 1:56 AM PST
All in all, I appreciate the police at large. They do a very tough job that very few people will do. I'd love to live in a world where the police aren't needed ... but that world does not exist.

Unfortunately police work does draw a certain amount of weirdos who abuse their positions with their personal violence and power-corruption issues ... very much like how the priesthood attracts a small amount of sexual deviants.

Most policemen have good intentions ... but even they corrupt themselves and the system by standing behind the blue-badge of silence and not reporting the unlawful actions of their colleagues.
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by jeroneanderson December 17, 2008 3:19 AM PST
True. Most cops are good, but even good one's seem to overdo their jobs sometimes giving out tickets for things which really seem like there must be more important problems in the world. In areas that are relatively safe it seems like too many cops might explain this problem while dangerous areas need all the cops they can get....
by gggg sssss December 17, 2008 7:18 PM PST
@jeroneanderson - do youy have any proof that most cops are good?
by realneil December 17, 2008 4:14 AM PST
Most of the Cops I know are good people. They do a thankless job under dreadful working conditions for people who don't like them because of the authority that they represent. They do this day in and out and put up with a lot of crap from dangerous individuals who would hurt or kill them if they could. They work weird hours without the support that they need to do the job correctly and safely. Some of them, and I mean very few of them, act out and pick on people, making news and shining a bad light on the rest of them. But I'm glad that we have them and can depend on them to protect us. I wouldn't have it any other way.
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by Art Dir December 17, 2008 10:27 AM PST
I'm a little sick of the "thankless job" crap and I get tired of the Fraternal Order of Police calling me and asking for money. I don't call them on behalf of the "Art Directors with Their Hand Out Grubbing for Money" fund. Being a police officer is a job. They do a job that many don't want to do, just like garbage collectors and people who clean up after murders and accidents. It's a job they get paid to do. Police aren't drafted against their will, they choose to be police officers. The cyclist (who could have easily suffered serious injury, permanent damage, or even death if he landed face first on the curb) as a tax payer, pays the salary of the officer who assaulted him.

If police decide they don't like the job, or the pay isn't high enough, or it's too dangerous, or they don't get enough respect, then they are free to quit and get another job, just like the rest of us. Many people choose to be police officers because they truly believe they are serving the community. However, there are many ways to serve the community and many police choose police work because of their psychological make up and enjoy the power that comes with a gun and the ability to arrest people. Many police are as much criminals as the criminals they arrest. I worked as a valet at a hotel in Ocean City, MD one summer during college. The FOP had a convention at the hotel where I worked. They were the rowdiest, must unruly and destructive group of guests I saw all summer. The whole time they were there I spent my time walking drunken off duty policeman around the parking facilities pretending I couldn't locate their car until they got pissed off and gave up because they were too stinking drunk to drive (or notice that I walked them by their own car several times without them recognizing it). One guy was so drunk he handed me the "do you know who your dealing with" line to which I replied, "Yes, I'm dealing with a drunk who wants to get behind the wheel and I'm saving a life, maybe yours, and your career by not getting your car for you." Sure that's not all cops, but many if not most commit as many minor crimes as the average person does, they just don't get caught. I see cops several times a week in the heavy traffic area where I live and work driving recklessly and endangering law obeying drivers to cut across traffic lanes to change directions and chase a speeder or someone who cut a yellow light too close. Many times they are more dangerous in their pursuit of traffic violators than the the traffic violators themselves. When I was in college I saw the campus police (who were real State Troopers, not rent-a-cops) regularly harassing students who gathered to hang out in the communal areas in the housing for which their parents or they themselves were paying out the wazoo to live. They arrested several kids including myself when we pointed out that we were not loitering and had a right to hang out in the yard of our on-campus apartments which in fact was our home while at school. The cops cuffed us, took us to jail, finger printed us, took our mug shots, the whole time laughing and saying things like, "Daddy's little rich kids are wearing some pretty new jewelry today" (referring to our handcuffs) and expressing their disdain for all the spoiled "rich college brats" (no one I went to college with was wealthy). The judge at our trial said the cop who arrested us was completely wrong, but instead of dropping the charges, he put the case on "stet docket" which means that he was not ruling on the case and charges would go away over time due to the statute of limitations. He did this to prevent us from taking action against the police. We still had arrest records from then on for what??hanging out where we lived.

I don't owe the police any more respect for being a police officer than they owe me for being a Graphic Designer. In fact, they owe the public more respect because the public pays them, equips them weapons, and gives them the power to put people in jail or take their lives. The officer in this video will most likely get some sort of a break. Whatever his punishment, it will probably fall short of the most severe that the law calls for which is what he deserves. I hate how litigious our society has become, but I hope the guy on the bike sues the cop (and the NYPD if they don't exercise the harshest punishment for him) for every penny he can get to make a point. The cyclist and victim of assault spent a night in jail for doing nothing wrong, while the officer who assaulted him and falsely arrested him walked with no bail. The cop should have had to spend time in jail before making bail just like his victim who committed no crime had to do.
by Shell Huber December 17, 2008 4:47 AM PST
He should be dismissed. Right out of the academy and he acts like this?
Reply to this comment
by Remo_Williams December 17, 2008 5:17 AM PST
Where's the YouTube video of a cop saving someone? Or doesn't that happen?

-R
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by sparrowhyperion December 17, 2008 6:11 AM PST
Just another example of how we put way too much trust in police.
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by Perry_Clease December 17, 2008 6:19 AM PST
What the cop did was wrong, but some Critical Mass bikers are also often lawbreakers regarding traffic laws and often inconsiderate of drivers. I understand that may be a reaction to years of inconsiderate treatment by motorists, but two wrongs don't make a legal right.
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by Art Dir December 17, 2008 10:44 AM PST
There are no acceptable "buts" in this case. Inconsiderate behavior? Are you kidding? The past behavior of others should have absolutely nothing to do with how any officer behaves towards others. Exercising free speech is necessary for maintaining the principles of our Democracy. The cops' job and training is to keep the peace, especially in protest situations. The officer's actions in this video could have turned a peaceful crowd into an angry dangerous mob.

This isn't a toddler with a toy gun, this is an officer of the law who has a real gun, with real bullets, and a real night stick who demonstrated his hurt feelings at past "inconsiderate" cyclists with a violent, brutal assault on a random citizen. There is no justifiable way to soft sell that no matter how you try.
by grcac December 17, 2008 6:30 AM PST
Watching this makes you wonder, why did the cop pick on this one person in particular. The bike rider had to be doing something to bring attention to himself, else he was just one of the hundreds of other riders. Until I hear what the rider did, I'm reserving judgement.
Reply to this comment
by ChesterKatz December 17, 2008 8:32 AM PST
Have you read the arrest report? It's very clear that the cyclist wasn't doing anything worthy of getting tackled like that. If he was, Pogan would have made sure to include that on his arrest report instead of having to make something up.

Pogan's report states that the cyclist was weaving in and out of traffic "forcing multiple vehicles to stop abruptly or change their direction". If you watch the video, you can clearly see that there are no vehicles moving on 7th Avenue.

Even if you ignore the fact that Pogan falsified the events leading up to the takedown, you surely have to agree that he falsified the portion of the report that takes place directly on camera. There's no need to reserve judgment; Pogan lied on an official report and got caught.
by biffhenerson December 17, 2008 9:30 AM PST
ChesterKatz: Bicycles are vehicles. If the cyclist was a danger to others, take him out!
by ChesterKatz December 17, 2008 10:38 AM PST
Again, I'd encourage you to read the actual report. You're being disingenuous if you're implying that Pogan is referring to the other Critical Mass cyclists when he writes "the normal flow of vehicular traffic". You're also ignoring the fact that Pogan's tackle was much more dangerous than the actions he attributes to Long.

All of this is secondary to the fact that Pogan blatantly lies in the portion of the report that takes place on camera. That in itself is enough to nail Pogan.
by Dalkorian December 17, 2008 12:24 PM PST
by biffhenerson December 17, 2008 9:30 AM PST
ChesterKatz: Bicycles are vehicles. If the cyclist was a danger to others, take him out!

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

That's unbelievable. The video actually showed the *cop* was a danger to others. Can we "take him out" too? Personally, if that bicyclist pulled out a .45 pistol and shot that cop dead after that tackle, I'd call it "self defense".
by bvdon December 17, 2008 6:57 AM PST
Police need to act like professionals at all times. It's a stressful job, but it also comes with plenty of benefits with time off -- so work it out and do your jobs in an ethical manner. If you can't hang, then go into another line of work.
Reply to this comment
by hassan_bin_sober December 17, 2008 8:04 AM PST
That's why I carry a .45 automatic when in NYC. It's not the public you need to be afraid of, it's the police!
Reply to this comment
by Dr_Zinj December 17, 2008 8:54 AM PST
When you are exposed to the worst the human race has to offer, all day long, day after day, it's surprising that more cops aren't twisted like this guy is.

There IS an nonofficial code of silence when it comes to infractions by the police. This is no different than for military personnel, physicians, firemen, or any other group of people with stressful or hazardous jobs in common. To a certain extent, it is a good thing and is necessary for the cohesiveness and effectiveness of the group itself. The bad part is this is largely what prevents people from whistle blowing when they see something that is borderline between acceptable and unacceptable behavior. There's a very good reason why the 5th amendment exists. Personally, I prefer having the option to NOT act or speak.
Reply to this comment
by biffhenerson December 17, 2008 9:28 AM PST
You have no idea what the cyclist was doing out of frame. You only see the resolution. The officer most likely observed him doing something that was unsafe to others. Perhaps breaking the law. Thus taking out the cyclist saved lives. Thank you officer.
Reply to this comment
by Dalkorian December 17, 2008 12:26 PM PST
You're either a power hungry cop yourself (read: a danger to everyone) or an idiot who didn't see the video in question. Otherwise you wouldn't be trying to defend this act, nor the LIE told in the police report.
by mojojam December 17, 2008 12:33 PM PST
By your same reasoning biffhenerson, you also have no idea what the cyclist was doing out of frame. I highly doubt the officer had saved any lives. He singled out that cyclist and floored him without any warning. Re-read the article. Watch the video again. "In his report, Pogan said that he warned the bicyclist to stop and that the cyclist intentionally rammed the policeman." In the video I didn't see the officer warn the bicyclist at all. You can also see the bicyclist was trying to avoid the officer and the officer intentionally pushed the cyclist off his bike. With that many people if the officer was trying to get someone to stop they'd point at them to single them out. It's obvious the officer did none of this. If the officer did see the cyclist doing something wrong off frame, then why did he lie on his police report?

Don't get me wrong, I have friends that are cops. I don't hate cops, just the crazy ones or the ones that abuse their power.
by SebastianShaw December 17, 2008 1:03 PM PST
Some people are just bad people. Unfortunately, putting on a uniform confers a degree of authority they should never have and means the law starts out on their side, giving them a big advantage.

Imagine if this tourist hadn't happened to film it and hadn't come forward with the video.
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