Orange County Criminal Attorney Blog

A man accused of hitting his seven year-old son and then throwing him off of a tour boat in Newport Harbor last summer was convicted of child endangerment in early January. The court did not sentence him to any further jail time, instead imposing three years of probation and additional conditions. The case prompted some outrage because of the danger posed to the child, and prosecutors have expressed displeasure with the sentence.

In late August 2011, Sloan Briles, age 35, was on a tour boat with his girlfriend and his two sons from a previous marriage, ages 6 and 7. The boat, called the Queen, took passengers around Newport Harbor past various celebrity homes. According to the Orange County Sheriff's Department, Briles got into an argument with his girlfriend. The two boys witnessed the argument, and the 7 year-old appeared upset. Briles, apparently under the influence of alcohol, told the child that he would throw him overboard if he did not stop crying. Witnesses said that, as the 7 year-old was walking behind his father near the bow of the boat, Briles hit the boy, then picked him up and threw him into the water.

The Queen's crew stalled the boat, according to the district attorney, and maneuvered to try to protect the child. The captain threw him a life ring. Three other boats reportedly saw what happened and moved in to help. One of them got him out of the water and returned him to the Queen. The district attorney said that Briles eventually jumped into the water to avoid the other 85 people on the Queen, who were reportedly quite angry with him.

A sheriff's patrol boat arrived on the scene. Briles was pulled back on board the Queen, and he was reportedly hostile to law enforcement. A sheriff's deputy, according to the department, suffered minor injuries while arresting Briles. Briles maintained at the time that both he and his son had jumped into the water for fun.

Prosecutors charged Briles with child endangerment. Law enforcement noted three significant dangers to the child. Because he went into the water near the bow, the boat itself or the propeller could have hit him, causing serious injury or even killing him. In the crowded harbor, another boat could have hit him. Finally, the district attorney's office claims the boy was not a strong swimmer. Briles pleaded guilty to one felony count of child endangerment and a misdemeanor count of resisting an officer based on an offer from the court.

Continue reading "Orange County Man Who Threw Son Off a Tour Boat Gets Probation" »

Willie King, age 66, of Indianapolis was on his neighbor's property when he observed police officers arresting a man. Mr. King took out his cell phone and recorded the incident. Afterwards, police officers asked Mr. King if he was recording and, then, demanded he turn over the cell phone as evidence. When Mr. King refused, he was taken to the ground and arrested for resisting arrest, public intoxication and disorderly conduct. Mr. King had never been arrested before.

On Thursday, June 30, 2011, a Marion County judge acquitted Mr. King of all charges. Indianapolis police have initiated an internal investigation of the incident.

This is getting to become a common occurrence now that everyone has the ability to record police contacts. You would think police departments across the United States would welcome the opportunity for the public to record citizen-police contacts. By viewing videos of police interactions, a department would be able to weed out those few police officers who give all police officers a bad name. Sunlight is always the best disinfectant.

Unfortunately, it seems most agencies view these civilian videos with hostility. Many agencies say that these videos unnecessarily hamper police investigations because a police officer can be distracted with the camera rolling. Granted, not every single minute of a police officer's day needs to be recorded. Also, police work can be dangerous as well as unappetizing when many of the contacts are with inebriated and profane individuals.

The problem with this line of logic, however, is why aren't the police complaining about all of the videos in police cars and in the station? Police officers seem perfectly comfortable with videos they are recording, including for that matter cop-based reality shows. Perhaps the problem is one of control. Recently, in California, a news team went to a police station and viewed the officers treating "in-custodies". The reporter who viewed this was almost in a state of ecstasy when describing the extreme kindness exhibited by the officers. Many people must have been shocked by the reporter's naiveté.

This does not mean this police station universally treats all arrestees bad but, because a camera was present, they probably were on their best behavior. Hence, video is "good" if they control it and "bad" if they can't.

Efforts to confiscate cell phones and other recording devices are often viewed by citizens as police efforts to conceal evidence. Whether a person is being arrested for a DUI, domestic violence or a drug charge, if all police officers acted as if they were being constantly recorded, there would be fewer violations of citizen's rights.