Monday, January 12, 2009

Getting Mugged by the Tempe Police

The scene of the crime

It's a story regularly featured on the 5 o'clock or in grocery store novels. The unassuming pedestrian, reasonably looking for a shortcut to his destination, turns down an alley, only to be accosted by armed thieves, who strip said pedestrian of their dignity, rights, time and money. Disturbingly, in this first month of 2009, The Muggers wear Badges.
I've been charged with Trespassing on Union Pacific Railroad Right-of-Way, a class 3 misdemeanor that, if I am convicted, will cost me money, time, and a lot of meaningless effort. On Saturday afternoon during the first NFL playoff game between Baltimore and Tennessee, I played the role of the unassuming pedestrian, taking the shortcut from my house on Bonarden over to Jed's on Jentilly. Bonarden just dead ends into the tracks, there is no signs or fences, and cars and city vehicles frequently use the area to turn around. The only indication of the city giving a rats ass what happens in the area is a heavily vandalized and dilapidated sign that reads "NO DUMPING". There is a well worn footpath that leads right down the property line over to the sidewalk on Jentilly. It takes me about a minute to get from my house to his, and I do it every single day. This day was different. In a casual mindset I walked around the corner toward Jentilly and went about ten feet, when from across the tracks I heard someone holler at me. I see two squad cars and 4 or five guys up against the back fence of the auto shop across the tracks. One cop screams at me to get over there, even as i attempt to explain that i am 25 feet from my destination. I reluctantly cross the tracks toward the red faced cop, who angrily, and a bit smugly, yells that I'm going to be charged with trespassing, along with all others present.
 The other people there were from the area, just going to get groceries or cutting a few minutes off their walk home. It is an open accessible area that is convenient for the low income resident of the neighborhood to use as a passageway to the store, their jobs, or recreational facilities. People have been using it for years, and today, the cops are going to make them pay for their logical infringement on a seldom enforced and loosely defined law. I attempt to ask the officer a few questions, which he, of course, hates. I am told to shut up, like everybody else, or i would be arrested and taken downtown. Two people walking their dog emerge from the alley that links up with the auto shop and  Vista del Cerro. They get cited too. A kid who looks like he is coming home from school starts to walk his bike across the tracks from Bonarden. He too, in the eyes of these Cops, is guilty of a criminal offense. After sitting around for 20 minutes silenced, I received my court date. I asked permission to walk back across the tracks to get home, since i never had any intention of crossing till commanded to do so, and was quickly denied. Had to walk around the mail factory to Rural, down to Spence and so on. I walk all the way back to Jed's and see that they are still out there, relentlessly ticketing people for carrying out a part of their daily routine.
There is no crime in walking on accessible paths. There is no crime in taking shortcuts. There is no crime in being a kid going home, or a old man who simply likes to wander roads and alleys. There is, however, a crime in robbing the citizens you are sworn to protect to fill the city's empty wallet. There is a crime in intimidating and threatening people after popping out of a dark alley. 
The Minougherty Report has reasonable suspicion that the poor financial planning of the City of Tempe, in junction with the current financial climate of the country, has put the city and police department a position where it is necessary to steal from the citizenry to stay afloat. Jed will examine the correlation between financial deficits for the city and the number of fines and misdemeanors levied upon the general public in an upcoming Report.

Check Back as the legal battle with the city begins on Jan. 22.

7 comments:

  1. This is so totally appropriate: http://online.wsj.com/article/SB1231463635671 66677.html

    Don't throw spitballs at me.

    P.S. I'll fuck a pig up! That sounded really vulgar. I'm going to bed now.

    P.P.S. I'm home!

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  2. very insightful, thanks for the update on my old hometown. I lived near the tracks my whole life, probably walked them every single day to get to school or go to friend's houses. Never once saw a police officer, ever.

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  3. at the risk of sounding trite, i wanted to say that for two years my friend lived on vista del cerro and i lived on spence. i took my bike across those tracks on bonarden because it's the only side street from jentilly that does not have a wall blocking it from the next street.

    living in chicago now, i remember what nazis the tempe cops can be. (not that i didn't know it then, i.e. several of my friends received jaywalking tickets during their stint at the ASU institution) the recession has caused an increase in parking tickets here, but nothing as ridiculous as charging people for walking down an alley has transpired. i'm sorry to hear about your impending court date, but hopefully a semi-logical judge would dismiss such a trivial infraction. i'm sending good thoughts your way.

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  4. I smell bacon, I smell grease
    It must be the tempe police

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  5. I ask; why are those with such infinitesimal educations warranted such authoritative power? And wtFuck about the meth problem?

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  6. So stupid. Few months ago they stopped dad while he was riding his bike around our street (testing the brakes after he fixed it) and two cops cars showed up and tried to accuse him of vagrancy 50 ft from his front door.

    (BTW, hi Joe, haven't seen you in a while!)

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  7. I can remember getting busted and thrown in the holding cell at Sun Devil Stadium for yelling too loud at a Bears/Cardinal game. They took my belt, shoelaces and I had to empty my pockets. When I blew the balloon it came up 0, fortunately I was on antibiotics and could not imbibe. Of course while waiting in that cell the breathalizer was in plain view the whole time and the Cop that was to later give me the test was drinking a coke and talking to all the others in the doorway. The assholes waited till the game was over before testing me for public drunkeness. They then released me after I requested an attorney. When asked to give a statement i simply told them they were pricks, then they took me to the ASU police HQ where I was held for a Sargeant who asked me for a statement, I told him the story and repeated that the guys at the stadium were pricks. Three weeks later the judge laughed at me when he read the charges and asked why I had said that... I told him the story about the cop and the breathalyzer and showed him my empty antibiotics bottle and said I still thought the cops were pricks and asked him to re-read the police report.. I had not used profanity or screamed at any person or group.. just at the teams on the field like a good Bears fan does, I was not intoxicated and passed the toe/finger/nose routine with no problem. The judge then informed me that maybe I should yell a little quieter. I told the judge that maybe the Cards should get some fans so I wouldn't sound so loud... he laughed and asked if I had more to say and i said just one more thing... the cop was a prick. He fined me costs and suspended it and let me go.

    Seems Tempe just doesn't change.

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