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City once again ordered to rehire cop accused of excessive violence

The Globe reports a judge has ordered Boston to rehire David Williams, fired for allegedly lying about the chokehold he applied during a North End arrest in 2011. Williams was back on the job then after an arbitrator ordered the city to rehire him after he was fired for his role in the 1995 beating of Boston police officer Michael Cox.

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Comments

Hopefully this time it's on video and they terminate the officer and charge him criminally. History repeats itself like always. Another bad apple in the BPD is made public. I am sure he will remain an officer and no punishment will come down. He probably won't even get a suspension. You can also count DA Dan Conley not to do anything about it. He wouldn't want to hurt his chances on getting re-elected with the help of the BPPA. They need a Police Commissioner from outside of state and have no ties with anyone. They protect their own and they wonder why the BPD has a bad rap!

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"They need a Police Commissioner from outside of state and have no ties with anyone."

What Evans has done to satisfy people from all walks of life in this city has been nothing short of remarkable. The commissioner is not the problem, he is part of the solution.

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You didn't actually read the article did you?

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With whom? Criminals? Defense attorneys? We have easily the best police force of any major city in the country.

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Thanks. I'm BPD.. Means a lot to occasionally read comments like this. It continues my desire to go out there and try my absolute best at this difficult job.

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And I'd venture a guess the vast majority of my neighbors agree wholeheartedly with Jaypee above.

And we love Commissioner Evans - from what I've seen and read about him, he's an amazing role model for the whole force.

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I'm pretty vocal about militarization of police, "thin blue line" culture, and other issues, and each time some sort of issue comes up elsewhere in the national press, I think, "Thank God we've got the BPD and not those bozos."

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BPD is held up as a positive example of community policing done right. I do think there is a crisis in policing in this country but I'm glad I live in Boston where I only have to read about it, not experience it.

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Who would you rather have as Commissioner: someone who doesn't know our streets or guy who has literally been on them their whole life?

Evans is good police. Bottom line.

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Did you read any of the information presented to you on this? The cop was fired, when the incident in question occurred...

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Then don't be a hypocrite and bash cops while at the same time supporting Unions. Thank the Union on this one....

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Every police officer pays union dues, and collectively these dues go towards a law firm on retainer. This officer simply used the law firm that he helped pay for.

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I'm not opposed to Unions. I'm opposed to signing contacts that give tremendous power to arbitrators which aren't accountable to anyone public and often are inclined to support the union.

The city shouldn't enter into agreements which make it hard if not impossible to fire someone. Having worked in many Unions in my life I have always been so frustrated by bad employees who dragged us all down yet were protected by contracts. I would gladly support laws which give the governor veto power over arbitrators in public union cases involving termination.

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But the city fires a few cops every year for various reasons, and it doesn't make the news. Many others resign before that process even starts. In the cases where officers get fired, there is usually a reliable victim/witness to some sort of illegal/rule breaking act. This case had some unreliable victims/witnesses which made it questionable.

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The case represents the second time the police department has been ordered to take back Williams. In 1998, Williams was fired for his role in the 1995 near-fatal beating of Michael Cox, a plainclothes officer who was mistaken for a homicide suspect.

It sounds like this guy isn't the best cop even if there was questionable issues around his latest firing. Maybe he's a great cop and firing him is a real loss to the city and a obviously a hardship for him. But if there is a chance he's guilty of the charges that's reason enough in my book to keep him off the BPD force. Better a good cop fired then a bad cop left on the force.

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a represented employee is not that complicated. If the surface is scratched you will find balls dropped by poor managers followed by institutional ass covering pointing at the union as scapegoat.

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Great point.

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but support police.

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At least I have a reason to justify both and am consistent. I am Independent, by the way.

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You think the union is really doing a service to itself, the membership it supposedly represents, and the public by fighting to keep this criminal employed with a badge, gun, and in a position of authority?

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represent this clown. When a case like this one comes about I want to know how it is this person was so grossly mismanaged by the BPD that he got an opportunity to contest his firing.

By the way American's love due process unless it serves someone they dislike.

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You think the union is really doing a service to itself, the membership it supposedly represents, and the public by fighting to keep this criminal employed with a badge, gun, and in a position of authority?

Drunk on the job?
Stealing?
Not doing your job?
The union is behind you all the way.

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As a proud union member I can safely say that there are plenty of people in the labor movement do not support police unions.

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And then he kills somebody and its justified. I hope they not putting this guy back on the street he better be doing desk work. I don't understand what's wrong with the higher authority its like they lack common sense because if this was a regular person that first charge of beating his fellow police officer would have gave somebody jail time or long time on probation and then the second charge if it was the same person that looks like another assault and battery charge which would definitely give somebody jail time because of a second offense which means this guy's life would be pretty much done in finding any job let alone getting a career job so how come this guy gets to keep his career job what does he have to do to get kicked out? and they call this justice and giving somebody an equal opportunity ya in a perfect world.

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Here's a picture of this 'hero'

Photo

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Call 911 and hope some good police show up, and in time to help you.

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Just saying. Your better off keeping your mouth shut, and doing what he says. Once you are free and feel something wrong has happened to you, then file a complaint. I've seen a few videos on facebook recently about what to do when you are pulled over, and some of them are simply wrong and come from the infowars crowd.

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Pete, sorry but that's just nuts.

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From a pure risk assessment standpoint (if you don't want to get hurt or killed), you need to do what the cop says. In fact, that would go for anyone that has a gun or some other weapon that might hurt you. You are almost never going to "beat" the police on the street. You best chance is to beat them in the court, or with internal affairs. You help your case 1000X if you listen to what he says and do not resist. If he tells you to get out of the car, you get of the car. If he tells you to put your hands behind your back, you put your hands behind your back. Once you start to resist for any reason, the cop has no clue what your intentions are, or whether you are armed/have warrants/want to hurt the cop/etc.

A corrupt cop can't get away with filing false charges with you, and he can't get away with searching you illegally. You a right to say you don't consent to a search, but you don't have a right to say no for various reasons, many of them you probably don't know about.

Look at all the people who have been killed or hurt by police in recent memory. Almost all of them (Except for the kid in Cleveland) did something contrary to what the police wanted them to do, usually before there is some sort of struggle. Once you get to the point where the police have to physically restrain you, people can get hurt.

Now if you have something to hide or might go to jail because you have warrants, just committed a crime, or have something illegal on your person or vehicle, then yea, I have some different advice for you: You might want to run, or use a fake name, or tell the cop you don't give him permission to search you or your car (you can and should do that anyway), or wait until he comes up to your car and them take off, etc.

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This guy could be that crazy. His sociopathic tendencies could be escalating. How do I know? His bosses clearly think he's unfit to wear a badge, but he's gonna have one regardless. Point being you want as many witnesses as possible. That's why you call 911.

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Don't do it.

99.9% of corrupt cops aren't going to do that. But yea, there are some who look for women to rape, and there was a Belmont Lt. a few years back who would make young men take their clothes off during the booking procedure and on some traffic stops, but for the most part cops, (even corrupt cops)aren't going to ask you to take your pants down.

And a guy like this isn't going to hurt you unless you do something to annoy him. By the time you call 911, if you can even do that within the time frame, your witness won't show up in time.

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if you're that concerned. Other than that, Pete is 100% correct. Take it from someone who has been beaten twice by the BPD. "Yes, sir" and "No, sir" is how you address cops,

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and now she is dead. But then a copy threatening to light her up is pretty good persuasion to follow orders.

We need police policing the police.

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Pete, sorry but that's just nuts.

Go ahead, give a cop shit the next time you have an encounter with one.
Please let us know how it turns out.

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This level of shameless cringing and bowing before authority is really disheartening, and surprising. Especially since we're talking about a chronic scumbag in blue, not anyone deserving of all this ass-kissing "respect".

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"Deserve's got nothing to do with it."

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I'm not saying I'm going to bend over and take it for the guy. But, if he stops me in my car and asks for license and registration, I'm not going to immediately question him, even if the stop seems questionable. Just "Yes, sir", "No, sir". Go thru the motions. After it's all done, then you bring it up with a lawyer if the guy was out of line.

If you immediately give him shit, it's not going to help the situation. If you kick it up a notch, he'll do the same, and he may have justification because you were being "uncooperative".

Like it or not, a cop does have authority, and it's those cops that abuse that authority we're concerned about. Giving them shit just gives them more reason to abuse their power.

But, go ahead, let us know how it goes.

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The police support each other, thats why cops that get caught drinking and driving are let off. If a cop has to take a side between a citizen and a fellow cop, they will always support the fellow cop. Its called the thin blue line. They lie to protect each other, and we have a particularly corrupt and out of control force in Boston. Conservatives always bash unions but leave cops out of it. Even when Scott Walker weakened public sector unions, he singled out cops and firefighters as exempt.

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Fuck Michael Ryan, and fuck David Williams. All three are equal parts of the big and growing problem our society has with scumbag cops, the proverbial "bad apples" spoiling the bunch, making life more dangerous for good cops and civilians alike.

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I'm with you on Ryan and Curran, but I think the Judge's hands were tied on this one. If he hadn't granted the request, they would have appealed it, and eventually won. The only difference would be a bigger tab for the city.

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witnesses should be vetted BEFORE appearing. If the defense has any objections, they should be raised at that time, and not after a verdict or ruling has been rendered.

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So a cop attacks people on more than one occasion and his "punishment" is getting paid $900,000 for sitting his fat ass on his couch. No wonder people despise cops.

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Which is a shame, and why they despise judges, which may be generally deserved.

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... "arbitrators". Arbitration seems like a pretty poor process. Nominally cheaper and faster than civil litigation -- but effectively no review. Even if an arbitrator makes blatant legal mistakes, his decision tends to stand.

Judge involved here only to limited extent of saying that the very overwhelming grounds needed to overrule an arbitration award had not been met.

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Seems like the arbitrator pool is heavily weighted towards letting bad performers off the hook. Why is there not a more neutral pool?

Next contract, the BPD should demand that discipline for certain very serious complaints (police brutality, for instance) not be subject to arbitration.

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Did the city ever approve a civilian complaint review board? I heard talk of one a while ago - but never heard if it went through. Many cities have these and it sounds like it could be a good solution if managed well - which is also never a slam dunk.

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First off, we would probably have to see the stats on that one, and secondly, if an officer knows that he has no chance to appeal to a neutral party, he won't appeal. This case seemed to have some facts arise after the initial decision. If there were no arbitration process, he probably would have had other options. I assume if he was fired and after the fact it came about that the victim had actually lied (no so clear cut in this case I agree), I would assume the fired person would have some sort of right to get his job back. That's kind of standard labor law stuff from what I've read.

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The arbitrator found that the accusation against the office wasn't supported. The Police Dept. appealed to the court to reverse the decision and the judge ruled that he couldn't reverse the arbitrator's finding of fact as a matter of law so the firing couldn't stand.

The process is there to avoid politicizing the police force. Imagine if there was no arbitration and the cop got into it with some jackass son of a big developer supporter of the Mayor's and got accused of using excessive force and then got his ass fired summarily by the commissioner to satisfy the Mayor. That said, I imagine the newly re-hired officer will not get plum assignments and be on a pretty short leash.

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If you can't see this is clear evidence that police/courts/unions are corrupt and should be abolished, there must be something wrong with you.

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You're missing the general point here, which is that a private arbitrator's ruling is nearly impervious to oversight by the state judicial system.

In that scenario in your second paragraph, can you just explain for me why the officer _shouldn't_ get in trouble for beating up that (admittedly rich) kid?

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Just as with other unions, police unions have the benefit of making it hard for bad bosses to fire good employees, at the cost of making it hard for good bosses to fire bad employees.

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On June 20, highly respected Arbitrator Michael Ryan issued a decision overturning the discharge of Boston Police Officer David Williams. All of the facts are meticulously set out in the decision’s 44 pages but are briefly summarized here.

On March 16, 2009, Michael O’Brien was a Middlesex Deputy Sheriff/Corrections Officer coming off his Providence bachelor party and St. Patrick’s Day celebrations. After spending up to five hours at the Black Rose, a noted Fanueil Hall bar, he and two buddies headed to the North End, where one of them lived. While trying to back his car down Hanover Street (the major two-way thoroughfare through the densely populated commercial area), his friend crossed the double-yellow line into a double-parked BMW. The BMW owner called 911 as he saw O’Brien drive off in the car that had just struck his. His recorded 911 comments included observations that O’Brien’s group were “drunk” and that although he was a “federal agent,” they were not in any trouble.

When Officers David Williams and Diep Nguyen responded to the call, their efforts to simply have the parties exchange papers were met by the seeming drunken hostility of O’Brien and his friends. O’Brien held out his cell phone while yelling at the officers to do their jobs. Inexplicably, he insisted the officers investigate the struck driver’s claims of federal agency. Told that he could record them all he wanted but not in the middle of Hanover Street, O’Brien continued standing in the busy street. When Officer Nguyen attempted to place him under arrest, O’Brien’s resistance caused Officer Williams, across the street writing a citation in his parked cruiser, to come to his fellow officer’s assistance. Surrounded by O’Brien’s two friends, one of whom had to be physically pushed away from the officers, Williams made an “officer in trouble” call just as Nguyen was about to do the same. Other officers arrived and O’Brien was placed under arrest. -- Alan Shapiro

God bless Officer David Williams and Officer Diep Nguyen. Two great men who could have easily used race to slide into cushy, plainclothes jobs years ago but opted to remain in the trenches, wearing the uniform, shagging 911 calls and dealing with the dregs of society. I'm thrilled that justice has prevailed. Confronted with a "wannabe" cop who, according to a third party, was drunk, they did all they could to resolve the incident without force.

It's only a hunch, but having been assigned as a Detective in recruitment and background investigations for a portion of my career, I suspect that the plaintiff in this case harbored latent resentment of the fact that a black and Vietnamese officer had the job that he coveted, thus his disorderly behavior. The same latent resentment motivating some of the hateful comments here. Every department has its "bookworms" and "doormen." Officers who hide behind a school studying for promotion, or hold the door for other officers running into break up a fight. It is those officers who have the "clean" disciplinary files. I'd take Officer Williams over them any day. Welcome back, sir and congratulations to Arbitrator Ryan for the courage you have shown.

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Hey, look, guys! Fish has realized that racism exists, now that he's found a place where it may have been directed against people he likes! I wonder if it will make him any less of a boot-licking, spittle-flecked...

Oh. Well, it was a nice thought, anyway.

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Any word on what this O'Brien fellow is up to now? I have deep concerns about his character.

Something just isn't adding up here for me (and obviously others), and I am really starting to believe it's on him.

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