The resignation on Tuesday of McKinney, Texas policeman Eric Casebolt after the widespread viewing of a video showing Casebolt drawing his gun and brutalizing a teenager outside a pool party may not be enough to bring justice, suggests Judge Andrew Napolitano. Napolitano, in a Fox Business interview, argues that it would be proper to prosecute Casebolt.
Reviewing the video footage, Napolitano explains to host Stuart Varney that Casebolt, who Napolitano calls a “hothead,” appears to have committed an illegal assault:
Varney: The police officer could be guilty of a crime?
Napolitano: Oh sure, it’s an assault for him to pull the gun on someone when it’s contraindicated under police procedures. He can only pull his gun to resist deadly force. There is no deadly force being applied to him.
Napolitano, a Ron Paul Institute Advisory Board member, explains later in the interview that further action should be taken against Casebolt stating:
[T]he tape that we saw showed unlawful behavior on the part of that cop. His superiors were right to suspend him and investigate. The prosecutor would be right to prosecute.
Many people assume that police are above the law and can get away with murder. Indeed, that is often the case. But, where there is video documentation of police misconduct, there is a much greater likelihood that police will be held accountable. Video documentation can also help police misconduct victims overcome trumped-up charges and even obtain compensation. The power of video may also lead some police to behave better when they know or suspect they are being recorded.
For some tips regarding filming police, check out the “Film the Police” page on the Cop Block website.
