The camera isn't showing things because it's moving too fast, the image are almost all blurred out. It didn't fail, it did record some frames.
The camera was found on the ground crushed on the outside away from the scuffle and so at some point in time it was crushed and was moved. That doesn't mean the officer crushed it and moved it, but it's possible.
Also, for all we know, the reason that Deven got up could have been that it finally sunk in after getting tased that he was in trouble. So he may have been putting up his hands. I don't believe that either but it's possible.
If he were tased the camera would still be pointing at him while he was being tased. And how do you put your hands "up" behind you??
Your question should be how does a person put up their hands in surrender to the police or what does it look like when someone is fighting not to get shot from a taser and/or gun. Would you expect their arms to be out and about and/or possibly up in those situations?
I also don't believe that Deven was on the phone with the militia but according to Sgt Frost that is what Frost allegedly believed. I don't believe that Frost actually believed that, but it's possible.
He doesn't need to believe it, only consider it a reasonable possibility.
He has to be honest and it has to be reasonable. One or two of those criteria are not met here.
Loren said:
Self defense does not involve proof beyond a reasonable doubt, merely that a reasonable man would have felt his life was in danger.
A reasonable person would not think Deven was on the phone with souverign citizen militia. Those militia are against the federal govt in particular because they are pro-small-government. They often love local sheriffs. They are also against taxes and love their guns. There was no gun rack, no nra bumper stickers, no don't tread on me bumper sticker. No evidence of anti-tax stuff. Just Deven thought he had a right to film the cop with his phone and the cop even initially said he had no problem with that. So thinking Deven was in the militia is BS.
Here are some things that I do believe, though. Shooting someone 7 times is generally unnecessary. Sgt Frost also never needed to pull over the kid. He knew his beams were appearing to be high to people since he said that in a recording and in police reports of other drivers he had stopped beforehand.
You shoot until the threat is over--at that range that means until he collapses. Absent a CNS hit (which will either kill or paralyze) that most likely means poking a bunch of holes.
Within the course of 5 seconds the shooting 7 times was over. If he shot three times, Deven likely would still have collapsed after the fifth second. One need not keep beating a dead horse, but I guess I am doing it anyway.
And you grasping at straws if you are going to blame the shooting on stopping him over flashing his brights rather than on Devon's utterly stupid handling of the situation.
What I wrote was that pulling the kid over was unnecessary and unreasonable. I will also add that civilians have a right to question authority. They also have a right to object and prod when they are pulled over for unnecessary and unreasonable reasons. They also have a right to pull a camera out (in many states, not all) and record the policeman who is unnecessarily and unreasonably charging them with something.
When Sgt Frost asked Deven to "lie belly down facing him" I believe from looking at the video that Deven was confused as to exactly what that meant. He questioned it, but still put his belly to the ground. Then he held up some of his upper body with his arms so he could face the officer with his face. He also held onto his phone.
I do agree he was likely confused about exactly what he was supposed to do but I don't see that it made a difference in the situation.
It makes a difference because it shows that Deven was actually trying to be compliant with one exception. He thought he had a right to record the cop. So he lied down as ordered in a way. But he continued to record.
I believe that when the officer aggressively took/kicked/threw (the biased prosecutor's report says "tossed") the phone Deven thought the officer was acting illegally. It was at least unnecessary.
I don't think it was illegal at all. Devon wouldn't put down the phone despite being told to. The cop wasn't going to bend over to pick it up--that would put him in a weaker position. Thus he kicked it away--exactly what I would expect a cop to do with most any item he wanted to remove from the suspect's vicinity.
I did not claim you think it was illegal. I said Deven thought so. That is why he said "you can't do that."
I believe it was also unnecessary to try to go it alone with someone he allegedly thought was in a militia. He could have waited for backup. No urgency to pull more people over for flashing high beams at him...
If Devon hadn't kept up with the phone I think that's exactly what would have happened.
You think that the cop would continue to pull over people for flashing their high beams at him? Well, then he's an idiot (according to you).
I think the cop acted because he was worried about who might have been on the other end of Devon's commentary about what was going on.
Just 30 seconds beforehand he told Deven he was "okay with that" in reference to the phone. At 1:19 in the video he said "Everything's being recorded son. I got no problem with that." Then, at 1:49 he kicks/throws the phone.
I believe that Deven could have also been a lot more cooperative, but he's dead. He can't learn from his mistake.
Reality can be a very harsh grader.
The reality that people who can control the outcomes of your life can do so in extremely unnecessary and unreasonable ways.