12 Hours - 15. Chapter 15

“When you got to the sidewalk,” Ben continued, “did you say anything else to the driver?”

“No,” Officer Martel replied. “I just put him in a position where they were next to each other, facing the street.”

“When you say ‘Put him in a position,’ what do you mean?”

“I asked them to stand approximately three feet apart on the sidewalk and face the street.”

“Had the passenger reached the sidewalk before you got there?”

“Yes.”

“So you were watching both the passenger and the driver at that point?”

“Yes.”

“What was Officer Jarl doing?”

“He’d walked over to the right front fender of the driver’s car.”

“Did you watch him, or did you watch the driver and the passenger?”

“I was watching the two men on the sidewalk.”

“Did you see anything else that Officer Jarl did before the time that you had to subdue Mr. De Wijk?”

“No. I just remember his back was toward us.”

“Did you talk to Mr. De Wijk or the driver at any time before Mr. De Wijk started to move away from you?”

“Yes. Due to the passenger’s action and the ducking. And his loud voice and the reason for the stop. I decided I should do a cursory search of them, at least to check for weapons. It would be better for their safety, and it would be better for ours. So I asked the driver to spread his legs and to put his hands behind his head.”

“And what did you do then?”

“I started to search.”

“What kind of search did you do?”

Just a pat-down. I just checked out his clothes, to make sure he didn’t have any knives. Or a gun in his waistband or back pocket.”

“Did you find any weapons?”

“No.”

“Do you recall how he was dressed? The driver... Mr. Herrick?”

“Just casual clothes.”

“And while you were doing this pat-down, were you talking either to the driver or the passenger?”

“Not that I recall.”

“Was either the driver or passenger talking to you?”

“Well, the driver was real cooperative. He wasn’t saying anything. He was just complying with whatever instructions I gave him in a very friendly manner. But the passenger was yelling in a loud voice and being obnoxious.”

“What did he say?”

“That we had no right to search him. And he started yelling at Officer Jarl because he was next to his car. ‘You don’t have any right to go over there!’ ‘Why don’t you leave us alone?’ Just things like that.”

“When you say he was being obnoxious, did it consist of any other actions than what you’ve described?”

“Just his rude manner and the way he was talking to us.”

“Can you describe his rude manner?”

“What he was saying to us. Just that, I considered rude.”

“Was there anything else he said before you felt he needed to be subdued? That you considered rude or obnoxious?”

“Yes. The way he swung his car door open and just jumped out. No one asked him to get out. He didn’t have to get out. It was his right to sit there in the car.”

“Was there anything else he said that caused you to feel he was being rude and obnoxious?”

“No. Not that I recall.”

“Getting back to Officer Jarl. Was he anywhere near the passenger door when it opened?

“I believe he was standing just to the rear of it. The door opened right in front of him.”

“But it didn’t hit him?”

“No.”

“Was there any chance it could have?”

“If he’d been any closer.”

“Did he stay back so he wouldn’t get hit?”

At this point, Amanda objected. “That calls for speculation.” And, almost immediately, Dorothy added, “It does seem to.”

“I’m sorry, your honor,” Ben said. He turned to Amanda. “Sorry, counsel.” And he turned back to Officer Martel.

“Is it normal procedure,” Ben went on, “for an officer to go directly up to a door in a situation like that? Or do you generally stay back until things have been resolved, and it seems reasonably safe?”

“”Well, like with arrests, it depends on the situation.”

“Is there any reason you know of that Officer Jarl stayed back from the door?”

“Not that I know for sure. No. It’s just that where I was standing is the best position. I almost always use that position when I talk to a driver.”

“Why is it best?”

“Well, if the driver has a gun or a knife, he has to swing around or come outside the vehicle in order to shoot me. So that puts him at a disadvantage. Whereas when we stand directly in front of him, he can put the nozzle up on the ridge of the door frame and just shoot us. We’d never see the gun. So this way he has to expose himself.”

“And is this position also away from where the door would hit you?”

“Yes. It’s just right to the rear of it.”

“So Officer Jarl was following appropriate procedure?”

“Yes.”

“And when Mr. De Wijk got out, do you recall him saying anything or doing anything besides swinging the door open and stepping out? That caused you to feel that he was rude and obnoxious?”

“No.”

“Do you recall any of the words he used? Other than what you’ve already described?”

“No.”

“When you were doing the pat-down of Mr. Herrick, did Mr. De Wijk continue asking you questions?”

“Yes.”

“Did either you or Officer Jarl answer his questions while you were doing the pat-down search?”

“Not that I recall.”

“Why not?”

“His questions would have been answered eventually. But I only do one thing at a time, so I don’t lose my train of thought. I try to do a thorough job.”

“What was Officer Jarl doing during the pat-down search of the driver?”

“I don’t recall. I really wasn’t looking that way. I knew he was by the car. But I don’t know exactly what he was doing.”

“Could you see him?”

“I could see his silhouette. Yes.”

“Out of the corner of your eye?”

“Yes.”

“Did anything happen while you were doing the pat-down of the driver that caused you to pay attention to Mr. De Wijk?”

“Yes.”

“What?”

“He was again yelling, ‘What the hell are you doing at my car!’ And all of a sudden, his hands came up like this.” Officer Martel paused to demonstrate. “And he took off at a fast pace.”

As Ben was about to go on, Dorothy interrupted. “To keep the record clear, may it indicate that when the officer said his ‘hands came up’ that he raised his hands and arms in a particular way.” She turned to Officer Martel. “Perhaps you could describe more specifically what Mr. De Wijk was doing?”

Officer Martel complied. “His arms came up to shoulder height, pointing straight out. And his fingers were spread apart in a grabbing motion.” He demonstrated again.

“What I see,” Dorothy said, “is open palms and fingers with your arms at shoulder height, locked and level. Is that correct?”

“Yes, your honor.” And Amanda nodded to Dorothy, and Ben said, “Thank you.” Then he continued.

“When you say Mr. De Wijk was moving at a ‘fast pace’... was he running?”

“Close to it.”

“And other than what you’ve described, did he say anything else?”

“No. He just raised his arms and started to make his move.”

“How far did he get before you jumped on him?”

“I called for him to stop first. And when he didn’t, I carefully approached him from the rear and quickly placed a control hold on him.”

“How long did this take?”

“Probably ten seconds. Fifteen at the most.”

“How far toward Officer Jarl did Mr. De Wijk get in those seconds?”

“I was talking about the whole thing. From the time he started moving to when I took him down. By then, he was probably three or four feet from Officer Jarl.”

“Had Officer Jarl turned around at that point?”

“Yes.”

“Was he doing anything about the situation?”

“No. By the time he came over, I had control. I’d laid Mr. De Wijk on his stomach, and at that point, Officer Jarl helped me cuff him up, really quick.”

“How far is the sidewalk from the curb where Officer Jarl was standing?”

“Maybe seven or eight feet.”

“And you were between the two cars when you started the pat-down?”

“We were more toward the rear of their car. But up on the sidewalk.”

“So it was closer to their car than to yours?

“Yes.”

“Do you recall how Mr. De Wijk was dressed?”

“Not till I read the report. No.”

“Can you tell us now?”

“He had some kind of cut-off Levi’s on and some sort of casual shirt. A tank top or something like that.”

“So he was fairly vulnerable.”

“His arms and legs were exposed. Yes.” He smiled. “But that’s pretty common in LA.”

“Another small detail. Do you often know the people you stop?”

Amanda objected. “I believe that’s irrelevant.”

Ben turned to Dorothy. “As I recall, your honor, Officer Martel said he went to search the driver of the vehicle, and he was searching for weapons ‘because he didn’t know these two men and had never seen them before.’”

Amanda clarified. “Your honor, I don’t know whether it makes much difference whether he knew certain people or not. However, I’ll withdraw the objection.”

And Officer Martel continued. “Well, some people, you’ve seen around before. You’ve talked to them on the streets, some of them in a friendly manner. And we’re always conducting a lot of neighborhood watch meetings. In schools, and churches, and sometimes in people’s homes, when they live in the area. So I know a lot of the residents. You also get to know the kind of people who are always in trouble or seem to cause it.”

“Thank you. Now you mentioned a chokehold that you used on Mr. De Wijk. Can you tell us what a chokehold is and describe it?”

We call them ‘bar arm,’ and it’s when you place this part of your wrist...” he pointed it out “...the bony part...”

“For the record,” Ben said, “you’re indicating the inside of your forearm.”

“Yes. We place it on the neck area.” He pointed to his throat.

Ben again added, “The officer is indicating his larynx or voice box.”

“Then, with our other hand, we grasp our first wrist and pull straight back.”

“Where did you learn that hold?”

“In the Police Academy.”

“Did they tell you anything about what the hold would do?”

“Yes.”

“Would you tell us what they taught you?”

“First of all, only to use it when necessary. And to apply as little pressure as needed until the person submits, or you’re in control. And if the person doesn’t submit, to continue applying pressure until he’s rendered unconscious.”

“Did they tell you any other effects it might have?”

“Well, they also told us that if you apply the hold too hard or too long, you could damage the neck area.”

“Did they tell you it could kill someone?”

“Yes.”

“Did they explain you could cause other effects with it?”

“Yes. But they never detailed them. Not the specific medical facts. They just said that you could cause damage to the neck area.”

“How quickly did Mr. De Wijk go down once you applied the bar arm hold?”

“It was just a few seconds.”

“Was he rendered unconscious?”

“Not that I know of. But I really don’t recall.”

“Before you started all this, was Mr. De Wijk free to go? While he was just a passenger in the car? Before the moment you thought he walked toward your partner or toward his own car?”

“Do you mean could he have just gotten out of his car and walked away?”

“Yes.”

“Amanda interrupted. “Your honor. Would this be before the officers completed their investigation?”

Ben turned to Dorothy. “I’m not sure exactly what ‘completed their investigation’ means in relationship to this. I do know that Mr. De Wijk was a passenger in a car that was stopped for a reason unrelated to him. I want to know if Officer Martel knows if a person in that situation is free to leave the scene if he chooses.”

Dorothy nodded at Amanda to let Ben go on. “Allowed.”

Officer Martel continued. “Not necessarily. No.”

“Why not?” Ben asked.

“Because I wanted to find out whose car it was and ask a few questions. To see if the driver was going to be arrested or just given a simple citation. And to find out who the passenger was.”

“Why did you need to find out who the passenger was?”

“Because he was making all those motions. The ducking and bobbing. They started before he got out of the car. So it would’ve depended on the responses of the driver. That would determine it.”

“Then Mr. De Wijk wasn’t free to leave at any time during the stop?”

“No.”

“Was he under suspicion of any kind of criminal activity at any time before he opened his door?”

“I can’t speak for Officer Jarl, but I was starting to form the opinion that he was hiding something.”

“What did you think he was hiding?”

“Possibly drugs.”

“Did you find any drugs on either the passenger or the driver or in the car?”

“I personally never searched the car.”

“Do you know if Officer Jarl did?”

“I don’t recall.”

“Did you search Mr. De Wijk at any time?”

“After I placed the handcuffs on him, I gave him a quick pat-down.”

“Did you find anything during that?”

“No.”

“Nothing at all?”

“No. Nothing.”

“Were you looking for something besides drugs?”

“Well... as I said... weapons.”

“After you put the handcuffs on Mr. De Wijk, what happened?”

“I left Mr. De Wijk on the ground, and I stood up and walked the driver over to our car.”

“Is that the point when you ran the warrant check on him?”

“Yes.”

“How long did that take?”

“Probably ten minutes.”

“How long was Mr. De Wijk on the ground?”

“Probably till I finished. I don’t exactly recall.”

“Did you hear him ask anything of you from the time he was knocked to the ground until the time he was placed in the police car?”

“No, he never asked anything. He was just yelling.”

“Did he ask anything of Officer Jarl?”

“No. Just more yelling.”

“You don’t know what he was saying?”

“Not really.”

“Is that because you don’t remember, or because you didn’t listen to it?”

“I just don’t remember.”

“Do you remember whether you listened to it, either?”

“I listened to some of it. But he was yelling so much that it was just all the same after a while.”

“You kind of turned him off?”

“Yes.”