The BD / DART arrest report: Vaudevillian comedy at its finest!

The DART Police Department released nearly 160 pages of information about BD's arrest by DART Police Officer Stephanie Branch #331 on February 9th, 2016, at the Rosa Parks Plaza.

BD was arrested for the horrible crime of taking photographs in public (DFR paramedics treating another K2 victim, one of hundreds since December 2015). The official charge was 'criminal trespassing,' but that was just a catch-and-release to satisfy the officer's need to prevent photographs from being taken for any number of illegal and unconstitutional reasons.

The charges were dropped a week later, but only after BD spent a night in Lew Sterrett and unbearable negative publicity was heaped on DART by local media who don't follow the DART party line.

Photo #7995 - 7:42 pm

We also uploaded the exchange of emails between DART's Public Information Officer, Morgan Lyons, and local media reps, trying to get the scoop on what happened, starting just hours after the arrrest. It's clear Lyons is giving out a false narrative without bothering to ask the first question every reporter or PR person should ask - What the fuck is really going on here??? It's easy to see why Lyons' nickname among Dallas reporters is Morgan's Lying Again. The man needs to resign. Now. After 20 years with DART, he's worn out his stay with professional missteps and errors like this.

Despite statements from Dallas Fire/Rescue that their paramedics did not say anything to DART Officer Stephanie Branch #331 about BD's photography, the police report claims they were begging her to get BD out of the area. DART dropped the charges pending a review of the incident, but they continue to insist Officer Stephanie Branch #331 acted within her authority to arrest BD. DART released its 'photography in public policy' earlier this week, which allows photography in public at DART facilities. This policy is not posted on its website, like most transit agencies around the country. It is written in such a way as to give officers wide (and unconstitutional) latitude to prevent any photography of a DART vehicle or facility.

As of this writing, DART has not asked BD for any of the nearly 170 photos and video he shot that evening. DART will simply investigate itself, determine that the officers did nothing wrong, and continue to harass photographers.

DART has also ignored requests that the No Trespass Warning issued to BD, which keeps him off the Rosa Parks Plaza and West End Station areas for one year, be revoked. It's obvious DART does not want anyone photographing just how bad things are around their downtown Dallas stations. (For the record, BD was telling his media contacts there was a big problem in the West End back in December 2015, when there were nearly 200 K2 overdoses in the area). DART obviously does not want anyone documenting how their officers routinely push K2 victims and panhandlers off their property, then call Dallas Police to clean up the mess.

The narrative is presented below, as written by Officer Stephanie Branch #331. Some of the grammar and spelling has been corrected.The original files are found here.

We inserted photographs with time-stamps to illustrate the events. The photos are not inserted per the sequence on the report, since the report simply is a giant cluster-fuck of inaccurate statements, fantasy and false commentary pulled straight out of Officer Branch's anal canal. After reading it, you will need to take a shower.

The entire incident took place in less than seven minutes, from the first photo to BD's arrest. But if you read the report out loud, it seems the incident took place over the course of nearly 20 minutes.

On February 9, 2016 at approximately 7:46p.m. Officers S. Branch #331, E. Cannon #428 and R. Craig #411 were at DART Rosa Park Plaza Bus Station located on 901 Elm Dallas County, Dallas, Texas regarding a white male passed out and needing medical treatment. Dallas Fire and Rescue #28 arrived and were treating the white male for K2

An unknown white male with a camera walked up to the medical scene and started taking pictures of the passed out white male. DFD # 28 was treating the white male subject. The white male with the camera later identified as Adelman, Avi. Adelman kept walking around the scene, trying to get closer photo shots of the medical scene. DFD #28 fire fighters and Captain stated, “Hey guys that man is taking pictures and moving too close, beware. Keep him back and away from our scene as we try to treat this man!

Branch asked, “Sir, please stay back so the fire fighters can help this man. Sir, do not take pictures of DFD treating the victim, give him some respect. Stay back.” Adelman stated, “No, I have a right to be here and you cannot make me move. Do not touch me and I am not leaving. Call the sergeant and the Chief ‘cause I am not leaving! I have emailed your chief and I will do it again. I can do what I want here.

Photo #8014 - 7:43 pm (first photos were underexposed)

Branch asked Adelman, “Sir, please do not get any closer to the medical scene. Sir, you are interfering when you are trying to get closer to take pictures. Sir, please step back and give DFD #28 space to work. Sir, the DFD unit does not want you to move any closer to the medical scene, it is interfering with the direct treatment of the white male. DFD is not comfortable with you being this close to them, move back.

Adelman walked directly to Branch and asked for Branch’s badge number. Branch was standing directly in the medical scene. Branch told him, “331 is my badge number and please move back. You’re interfering.

Photo #8018 - 7:43 pm

Adelman kept walking up to Branch and taking pictures as he demanded Branch’s badge number. Branch asked Adelman again to step back and the badge number is 331. Adelman continued to interfere by trying to advance closer to into the medical scene to take a closer picture of the white male on the ground, passed out. DFD had advised Branch to keep Adelman back from interfering while they give medical treatment to the white male passed out.

Adelman stated, “Call your sergeant and Chief. I do not have to leave anywhere and you cannot stop me from taking pictures.” Branch informed Adelman, “You cannot keep getting close to the medical scene, you will be seen as interfering as they try to help the person.

Adelman stated, “I don’t have to move anywhere. I am on City of Dallas property. I don’t give a damn about you or that man! Call your sergeant now!” Adelman continued to yell, taking more pictures and causing a scene. Adelman continued to draw attention away from DFD #28 medical treatment and repeatedly yell at officers and DFD #28 firefighters. Adelman continued to make close circles around DFD #28 medical unit as they tried to wake the white male on the ground. Adelman yelled at officers and DFD #28 medical unit on the scene and continued to advance closer for closer pictures.

Photo #8041 - 7:44 pm

Branch continued to warn Adelman that his making the DFD #28 uncomfortable with moving closer for pictures and not letting them treat the white male in peace. Branch stated to Adelman, “Sir, you are interfering with the way they perform their duties to help a person by running up on them taking pictures. You cannot run up and take pictures which will interfere with this man’s right to medical treatment. You are interfering in medical treatment. Stop moving too close to DFD #28’s medical scene.

One unknown passenger was at the bus stop looking at Adelman’s behavior and actions, stating, “Hey, man, move so they can help that man!

Branch asked Adelman several times, “Leave the area and medical scene. Sir, please get back. Please leave. Sir, please leave the location and leave the medical scene. Sir, please stop taking pictures, you are too close to the medical scene. Sir, you are interfering with DFD giving treatment. Sir, are you using DART buses or trains?” Adelman stated several times, “I am not leaving now and I will not stop taking pictures. That man or you do not have any rights to not have me take his picture. HIPPA does not apply to me or him. He is no one!

Branch called for Dallas Police Officers to the location while the K2 white male passed out and other officers assistance.

Photo #8064 - 7:45 pm

Cannon and Craig (DART) were still assisting DFD #28 with the white male that was being combative after being passed out.

Adelman continued to get close again to the medical scene and get close-up pictures of the white male receiving medical treatment. “Adelman, please step, you are moving closer to the medical scene and interfering with the medical treatment.

Branch made several demands for Adelman to step back away from DFD #28 medical unit scene and stop interfering with [his] picture taking. It was interfering with DFD #28 giving the white male medical treatment with feeling threatened by the sudden closeness of Adelman.

Photo #8066 - 7:45 pm

Branch informed DART Sergeant T. Hutchins #379 and H. Hutchins #306 of the situation with Adelman by cell phone. Adelman made another attempt to get a close-up picture of the medical scene. Branch tried to detain Adelman using a wrist restraint and Adelman resisted the detention. Branch continued to try to handcuff Adelman’s left wrist. The detention of Adelman was completed with the help of DART Police Officer D. Flemings #427. Adelman was double handcuffed for safety.

H. Hutchins and T. Hutchins arrived on the scene and explained to Adelman that his refusal to leave DART property and continuing to advance towards the medical scene was interfering and criminal trespassing. Adelman continued to state he had a right to take pictures on DART property. H. Hutchins informed Adelman that he did have the right to take pictures but when he interferes in the direct treatment of anyone needing or getting treatment it is against the law. H. Hutchins asked Adelman if Branch asked him to leave the location.

Adelman stated, “Yes, the officer told me to stop and leave. But I have a right to be in or on public place to take pictures. It is my right.

Photo #8143 - 7:48 pm

H. Hutchins informed Adelman again that Rosa Parks Plaza was DART’s property and rights to remain on the property can be issued and taken away for disruptive behavior. These rights to remain or stay on DART’s property can be taken away for law violations.

H. Hutchins informed Adelman he received several verbal warnings to stop interfering and to leave DART’s Rosa Parks Plaza by Branch, and refused. Which Adelman was going to jail under arrest for Texas Penal Code Criminal Trespass, Class B Misdemeanor. Branch informed Adelman he also violated DART’s Code of Conduct 2.20 (a) 4, Engaging in disruptive or disturbing behavior, including loud conversation, profanity or rude insults. 15. Using a DART facility or property for non-transportation related purposes without authorization.

Adelman delayed the treatment to the white male by his continuing to interfere with their duties. Adelman continued to interfere with the direct medical treatment of the white male by continuing to advance really close to DFD #28 paramedics as they treated the white male. Adelman continued to interfere by stepping really close to the medical scene to yell at DFD and Branch, then snapping pictures.

Photo #8158 - 7:49 pm

Branch wrote a DART Criminal Trespass Warning for Adelman under DART Police DTC16000489. Branch explained he would be under arrest for violating a trespass warning at DART’s Rosa Parks Plaza loation on 901 Elm Street, Dallas TX. Adelman was told to leave several times, stop interfering with medical treatment and being a public nuisance. Branch wrote ‘Unable to sign, in custody’ in the signature part for Adelman. Adelman was in handcuffs and under arrest so he could not sign.

Adelman was issued a DART Police Misdemeanor service number M1616393 for Texas Penal Code 30.05 Criminal Trespass Misdemeanor Class B.

Branch explained to Adelman he was banned from entering or remaining on DART’s Rosa Parks Plaza / 901 Elm Street and CBD West Station / 920 San Jacinto, starting 2-9-2016 and ends 2-9-2017. Adelman said, “I agree and disagree.”

Branch and Henderson transported Adelman to Dallas County Jail and book-in. Branch and Henderson cleared without any further incidents.

Recorded incident on DART’s Sony recorders #56 and #57.

By Avi S. Adelman under Public safety , Legal issues