A trucker pulled over in California for a routine traffic stop is claiming that the highway patrol officers who pulled him over used excessive force while arresting him for crimes that he didn’t commit. The driver was allegedly tased and beaten so badly that he received broken bones, multiple fractured ribs, a concussion, traumatic brain injury, and facial fractures so severe that he had to receive reconstructive surgery.
The driver, 58-year-old Olegs Kozacenko immigrated from Russia where he worked as a maritime engineer. He both reads and speaks English. Kozacenko has claimed that his horrible treatment may have been because of his Russian/Latvian ethnicity and accent.
The incident occurred when Kozacenko was pulled over by two CHP officers who requested his license, logbook, and medical card. One of the officers began writing him up for being over hours, despite the fact that he still had an hour left in his 11-hour day. The other trooper climbed in his truck and began searching his sleeper without his permission.
Despite not having found any reason to do so, the officers wrote him up for a DUI. They ended up also charging him with resisting arrest when he asked to read the summons to appear in court. Because he asked to read the summons, he claims that one of the officers bent his left arm behind his back and then both started beating him.
The complaint also alleges that the officers “submitted deliberately inaccurate reports and declarations of probable cause in this incident, stating or implying that Kozacenko was violating the law and that his arrest was reasonable, including alleging that Kozacenko was driving under the influence of alcohols and/or drugs.”
When Kozacenko was taken to the hospital, no evidence of drugs or alcohol showed up on blood tests.
Kozacenko has filed a complaint not only against the two officers who beat him, but also their superiors, alleging that they “failed to adequately supervise, investigate and disciple officers’ use of excessive force.”
According to the complaint, he suffered a significant concussion, contusions, convulsions, significant traumatic brain injury, and has been diagnosed with post-traumatic stress disorder. He is currently unable to work. He is seeking compensatory, punitive and exemplary damages.
His case has been scheduled to begin trial in February of 2015.
Next Story: FBI Arrests Three Former Trucking Executives
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roadtoad says
There has got to be more than that to it… I would like to see the other side’s argument.
steve Behel says
I’m sure there is more to the story but I find it very hard to believe that the driver did anything to justify that kind of a beating.
Rob says
Agreed totally, power hungry police abusing their authority. Sorry no excuse for their awfull actions.
Bill says
I’m with you on this issue roadtoad. There has to be more to this story and I also want to hear or read the COPS version.
barton van buskirk says
MORE TO THE STORY HE IS AN OLD MAN WORKING FOR A LIVING .HE WAS DOING HIS PART .DOESN’T MATTER THERE IS KNOW REASON TO PUT YOUR HANDS ON ANYONE COP OR NO COP .EVEN IF THEY RESIST ALL YOU HAVE TO DO IS WAIT FOR THEM TO COMPLY PEOPLE BITCH AND MOAN BUT EVERY ONE COMPLY S FORCE NEVER MAKES THINGS BETTER. ITS YOUR TAX DOLLARS THAT THAT COP IS PAYING TO WHO EVER THEY STRIKE
Johnny Edwards says
Police officers are tasked with enforcing the law. Their uniforms and badges convey authority and the need for citizens to comply IMMEDIATELY!!! Not when they feel like it. And because officers have been hurt/killed doing their jobs, they become suspicious and scared when confronted by resistance. The law allows officers to use the minimal amount of force necessary to effect the arrest of a suspect. And waiting for the suspect to comply is not an option when you are standing on a freeway and numerous vehicles are driving past at a high rate of speed. The driver should have complied with the officer’s commands.
Driving with Fire says
How do you know that he wasnt? This article may only be one sided but it does not say that he wasnt complying with them. It just says that they were using an excessive amount of force on him. People need to stop assuming things and get all of the facts first.
Leonardo says
As for respecting the officers I’m with you on that. BUT and I do mean BUT! this isident smells of BAD MALICE and INTENT to hurt a weaker older person. To serve and to protect no longer applies in California. Oh and Johnny! you smell like a bad one yourself!
Bill says
Does that pic look like officers used “minimal amount of force” to you? Clearly the man was beaten. Cops can subdue with all the force necessary, it doesn’t equate or permit beating a suspect but it happens all the time. My guess is you’re in law enforcement. This kind of thing must be stopped in the U.S. Condoning this type of treatment is almost as bad as the act. There is no excuse for this type of treatment by officers … NONE!
Just TOM says
Just two more cowards given guns and authority. He’s 60 years old for heaven sake.
Unless he had a gun ( at which time shoot him), they had no right. Two 20 somethings with all the hardware against an old man? Come on. Sounds like south central all over again… Except with badges.
lexmark says
French, really? Toronto is in Ontario which is English. If that had happened in Montreal, your statement would be more accurate. Get some knowledge.
Joe says
Yes…police have a job (they volunteered and asked to do) and they do need to be respected…as do the citizens they are there to PROTECT….not abuse. It is not like truck drivers have not been hurt and killed while doing their job…? Something seems missing from this story…unless this is another story of bad cops….there are several of them out there…and they overshadow the majority of good ones that do the job well.
chilibowl says
no law enforcement officer should do that to anybody for any reason at any time.
TCollins says
I disagree completely with your assertion that “uniforms and badges” require citizens “to comply IMMEDIATELY”. If an officer oversteps his authority or tries to violate a citizens Constitutional rights, that citizen not only has the right, but the obligation, not to comply with that order. That being said, what in the story makes you believe that the truck driver did not comply with every request?
Rob says
Again, totally correct, what about the charter of rights and freedoms ? Two awful cops ruining every good cop’s reputation, though it seems there are fewer and fewer “good” cops.
Deb says
The article did not tell us that he did not comply with the officer’s request for his log book, medical card, etc. And the officers would not have been “standing on a freeway”, they would have already been inside the front of the cab.
I hope justice is served with this one!
leandean says
Hey, Careful who you call and old man. I’m 62 and still driving working for a living and consider myself one of the responsible generation of drivers. As to the subject. We don’t know the whole story so hold your jets.
Two Thermos says
Yeah, I agree with leandean. For the record, I may be 63 but you’d want to pick a fight with me. Putting that aside, somehow I’m thinking that two CHP officers wouldn’t work this guy over like this unless there’s way more to this story than we’re seeing, here. I’ve trucked in and out of California for 23 years and I’ve never had a contact with a CHP officer that the officer wasn’t courteous and professional. Maybe, because I’m courteous and professional, myself?
Two Thermos says
By they by, “I may be 63 but I don’t think you’d want to pick a fight with me.” …is how that should have read.
KIRK says
Barton I’m with you
Marcus Williams says
Actually it really doesn’t have to be anymore to it after reading that the guy’s blood work results proved the officers story is not and will not be credible anyways. So why even waste time or money on combing through there written listed of lies as they try to persuade one to believe their actions were justifiable? They’re sworn in that position to abide and uphold the law, not to become above the law. PEOPLE ARE PEOPLE AND DOES NOT DESERVE TO BE VIOLATED, definitely not by the ones in position to protect and serve.
Rob says
Thank you.
Deke says
The way that normally works, (if the violence begins at that step in the process) is they explain to you several times that the ticket is not an admission of guilt, it’s a promise to pay or appear in court.
Then they explain to you that if you don’t sign it that they HAVE to arrest you, by allowing you to sign the ticket they are being nice, they don’t have to allow this, and all it means is that they are releasing you on your promise to not run away, or dodge court.
then the person doesn’t sign it, and gets a huge attitude when the cops start to arrest him, resists, and the story gets worse from there.
Steve B says
Actually , the story goes bad when the cops lies are discovered. Saying there was drugs or alcohol involved when the hospital tests proofed otherwise. Something to think about right there
Bobo says
The CHP settled. Neither officer was punished for lying in their reports. Still dragging down >$120,000 a year.
Terry says
Well he’s alive,,in Toronto they would have shot him 9 times and then tasered him..
Just TOM says
F ING FRENCH!
lexmark says
Meant that reply for this comment obviously. Stupid tablet.
Billy White says
Well there they go again. It wasn’t very long ago tge CHP did something very similar to another driver. There is a reason I refuse to enter California in a big rig and that’s tge total lack of respect for us from the popo. I hope this man gets what he deserves.
FatManDo says
I would like to see the video from the squad car/s. It seems as though that’s only available when it’s contents benefit the officer/s involved…
Dave says
You got that rite you never see the video if the cops are wrong
Rob says
Too true.
Tony G says
There has to be more than this one sided story……..CHP is definitely tough in writing tickets, but do not do unwarranted beat downs. Something else going on here.
stephanie says
How can you you say that they do not do those? You know this for a fact? To say so would assume all people are good people.
Bobo says
Ever see the video of the >200 lb CHP windmilling on the 110lb grandmother?
Polar Bear Loads says
There is more to the stories to many blank spots, but CHP do think they are gods not officers
Rob says
Have to agree as I have dealt with CHP too many times to feel protected by them.
kevin says
Can’t we all just get along.
J_Frog says
This happened over 2 years ago. Sept 2, 2011.
David S. McQueen says
First, the CHP has a legal right to search a commercial motor vehicle without a warrant as part of the regulatory scheme. Second, cops usually do not put themselves in situations where they could go to prison. The amount of injuries indicated reveal that there is more to the story than just an innocent trucker getting stomped by the cops.
Lone Wolf Mcquade says
“…cops usually do not put themselves in situations where they could go to prison.”
Uh, I second guess that. You seem to forget that cops are human just like you and I. Yes, they do get hot headed and make poor judgment.
” The amount of injuries indicated reveal that there is more to the story than just an innocent trucker getting stomped by the cops.”
YEAH, how about revealing what kind of illegal substance or influence the cop was on when the incident took place. I’d like to know.
Phil B says
And planted on the driver, I’ll bet…it’s happened before…
Deezee says
To my knowledge they are not allowed to search your “sleeper” front of the truck I guess they can but I thought without a warrant or withouth consent of a victim in this case that they are not allowed, I could be wrong tho! Nevertheless, this is tragic regardless if there was a suspicion on behalf of CHP they went way to far like they often do. Every police officer is sworn to protect the public and to serve the public but unfortunately many officers these days feel like judges as well! We have a broken system just like we have NAZI check points, with that said I too believe there is more to this story than what was told!
Driving with Fire says
Deezee your right. the sleeper is where we live. It is our home, and just like any other home they need a warrent or verbal permission to enter it.
Dave says
They can only search with in easy reach of the drivers seat other than that it takes permission or a warrant
Scott Rupert says
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ~ 4th Amendment to the Constitution~
It doesn’t matter if the had probable cause or not. Until they have a warrant, they don’t get to search. Maybe he tried to tell them that. I think it’s time we ALL start keeping a dash cam running.
Kelly Wyatt says
Scott I am with you on your statement! You have quoted perfectly. Kudos!
As for the drivers speaking out for the CHP officers yes, you are right in stating there is another side to this story and we will probably never get the complete truth because of the laws to suppress, dismiss, denote and so on…. however, no matter what Olegs Kozacenko did or did not do, say or did not say, he is still a CITIZEN and a HUMAN BEING and there is no reason whatsoever for any law officer to beat a man in the face and head as bad as Mr Kozacenko was beaten! California is a tough state for any commercial driver, I have been there on numerous trips and enjoy going there. The laws are tough for a reason and the fines are stiff, I also know the attitude of drivers who are tired & pushing a load hard to get in that last 15 minutes before shutting down. I am certain EVERY driver out there can attest to this, WE ARE GRUMPY, TIRED, QUICK TO VOICE OUR OPINION and RUDE! But IT DOES NOT MATTER WHAT OUR ATTITUDE IS!!!!!!! These are suppose to be well trained Officers who should have been trained to handle hard to deal with citizens. They have a taser, use it below the heart! They have night sticks, use them below the ribs! They have guns, shoot to kill not maim! There is no reason to do this to a person unless you are intending to kill him!”The driver was allegedly tased and beaten so badly that he received broken bones, multiple fractured ribs, a concussion, traumatic brain injury, and facial fractures so severe that he had to receive reconstructive surgery.” We should all say a Prayer for our fellow truck driver to recover and for the CHP Officers to be held accountable for their actions.”
Lori says
No the police do not have the right to search your sleeper without consent or a warrant. When you are on the road that is considered your home.
robert says
David what kool aid are you drinking? Are you saying cops don’t abuse their authority. A lot of these young punks get a badge and a gun & they think they’re almighty. I go to school where their is a police academy & these punks act like the damn gestapo. It scares the hell out of me knowing these weasels are the ones to protect & serve. I’m not saying all are like that but a good majority of them are. Until some thug rings their bell on the streets they will continue with their macho attitude.
Gary says
Agreed. Some of them are kids who constantly got their asses kicked while growing up. So you go get a badge and suddenly your Robocop. Had 2 exactly like that in the town I grew up in. It was funny, because when they were off duty, they basically didn’t leave their houses because of all the toes they stepped on while “on duty”, which basically tells me they knew exactly what they were doing while they were “on duty”. Responsibility comes with a badge also folks, not just cart blanche to do whatever you please to whomever you please, all under the name of “enforcing the law”.
Johnny Edwards says
Agreed!
Kerry ES says
Here’s the deal on your Fourth Amendment rights when it comes to searching your truck – http://landlinemag.com/Magazine/2006/May/News/Search-Seizure.aspx
Just TOM says
AGAIN, I’LL say he was 60 years old! Look at the picture.
Maybe he was hit by a car.
Duncan Trucking says
What a surprise, someone that thinks cops do no wrong. This was just uncalled for, he was almost beaten beyond recognition and I’d bet it’s because he’s forign and they knew they could push him around with their authority. Buy by all means, the cops are the greatest…
Allen says
yeah right cops have never beaten anyone anywhere or used excessive force where not warranted right come on David your not really that naïve are you
Agent Marc says
Another case of gang violence. This isn’t an isolated incident.
Royce Dressel says
Im kind of thinking his english aint so good. The words thank you and please, yes sir and no sir are not interchangeable with go and take a flying leap off your mommas balcony comrade nazi sir. I mean, ya really gotta be careful with how some english words are spoken. And youknow how ssensitive those lapd cops are…..
Kelly Wyatt says
Royce Dressel – lmao……. well said!
Lone Wolf Mcquade says
Here’s what I want to know;
When this case gets settled out of court for a substantial amount of money [because it will],
* will the CHP come out and make a public apology?
* will there be measures taken to make sure that this type of incident does not occur again?
Perhaps, the hiring process needs to be evaluated? Who ends up paying in the end? We, the tax payers, of course.
Mr. Will says
No drugs?, no alcohol?, driving out of control, as being a recipient of a “king crap” policemen’s ticket, I would probably have to side with the victim, because police are people too, they have bad days, misjudgements, and they will associate blame and pass it on to the motoring public, in this case an older person. I understand the men have to do their job, we all do, but that kind of beatdown? Two cops on an older man who was asking too many questions? Yeah right…
A R says
I won a federal law suite against cops in Ga.
So much they do that the public isn’t aware
Of … Just wait till court, a lot will surface.
Kevin says
@ David S. McQueen…..I ASSUME you never heard of Rodney King ?????
Gerry Buck says
That’s what this reminded me of. Only State cops instead of local yokels.
James Beam says
No excuse for the beat down. Any mam or woman can be properly apprehended without all that abuse. Law enforcement is trained at the academy. I agree with Agent Marc, Gang Violence! Police agency’s are hiring thugs and criminals these days . can you say? Agenda 21 and The New World Order
Sue G says
I have personally witnessed four cops (1 was a sergeant) pull my son out of our garage and beat him with batons, fists, kick, throw him across the vehicle and squeeze his balls at 1 am in the morning. When I started screaming for help and for them to stop one of them shoved me through my front door, pulled the door shut and held onto it as I watched helplessly from the kitchen window. After they were done he was dragged away in handcuffs. They kept him in custody for over two days so he couldn’t go get his urine tested or ? He had three broken ribs, two broken front teeth, black eyes, concussion, multiple cuts and bruises, back problems to this day (he is now 36), this took place in Fresno county, California. He was coming home from work when one of his hubcaps rolled away hitting someone’s garage. He said after hearing a noise he stopped and looked but couldn’t see anything so he drove home. I went and told him his dinner was in the microwave and as I was going to my bedroom I heard him yelling for help. He was in his early 20’s at the time. The cops wrote him up for DUI, resisting arrest, “running from the scene of a crime”, and some other bullshit. I am/was an educated, civic-minded businesswoman who saw the wheels of INJUSTICE crush my first born to the point where I shipped him out of the state (after he paid dearly for these trumped up charges) where he lives to this day and propered. I see him every couple years for 2-4 weeks only. I have never trusted any cops from that night! We lived at the border of a city where blacks and dark brown people weren’t welcome so we avoided driving through that city as much as we could since we are dark brown but my son drove though that night because it was short-cut to our home. Needless to say not a single lawyer in that God-forsaken county would help my son sue the cops however, two scumbag lawyers took my money for the criminal charges and had my son plead guilty while I was away on a business trip. Moreover, our home was in the county where only the sheriffs had jurisdiction not the city police who came like gang-bangers!
James Beam says
No excuse for the beat down. Any man or woman can be properly apprehended without all that abuse. Law enforcement is trained at the academy. I agree with Agent Marc, Gang Violence! Police agency’s are hiring thugs and criminals these days . Can you say Agenda 21 and The New World Order?
Paul says
The facts will come out in court… if he is due money, he will get it. He does not look to be a huge guy to get a beat down like that, even if he resisted, a taser would drop anyone not on drugs, but seeing the test came back neg., I am suspicious, but I will wait for the facts.
hottrod says
I quit running California years ago, when the fines got high priced even for the smallest inadvertant “violation”. That was about the time they put up the big scale on I-8. Cops in California have a real authority ego problem, you can see it all over in news articles. Trucking has been crap for pay ever since deregulation in 1981 and is has never gotten better, only worse. I was a road driver for 40 years and 4 million miles, no tickets or chargeables, and the only way you can make decent money in the trucking industry now is if you are a husband and wife team. It is not worth doing anymore, especially after the 2010 regulations.
John Taratuta says
If the story is true, this is nothing really new. FDR expanded the FBI . . . because he didn’t trust the police. Years ago, I knew of a driver who got a roadside workout in Michigan.
This chap was probably trying to think of what to say and perhaps with the accent or being nervous, he “fell from the truck.” Or perhaps he got out of the truck and this seemed aggressive . . . Who knows what really happened? A while back, a man from Poland flew into Canada and was tasered-to-death at the airport. They give the police their equipment to use . . . and occasionally they do . . .
AP boss says
It’s sad to see how many of you actually don’t believe this story just because the man is Russian, and I know that because I’m foreigner also (as I’m referred to by your kind usually). If this guy was an American you would all be against cops and saying all kinds of crap, but no in this case it’s driver’s fault, even though most of you find yourself in almost similar situations. After all he is a fellow driver trying to make a living just like you. And those cops that stopped him I am sure they did this as it was described, they thought guy is foreigner, he is not going to do anything or pursue anything, they can do whatever and satisfy their sick minds. Those pigs did it because they thought they will get away with it. I know I’ll get a lot of ignorant replies like go back to your country and crap like that, but you can shove it you know where. At least spell it right if you do.
Debi Burge says
HE IS A HUMAN BEING SIR..NO HUMAN BEING DESERVES TO BE BEATEN UNLESS THEY ARE THROWING THE FIRST PUNCH TO INSTIGATE IT..CALIFORNIA IS MY HOME STATE AND THE MOST DIVERSIFIED ETHNICALLY..IF THIS STORY WAS PRINTED WITHOUT NAMING THIS INDIVIDUAL AND GIVING AWAY HIS ETHNIC BACKGROUND HOW WOULD YOUR RESPONSE TO IT BE ALTERED..THE FACT THAT IT WOULD CONJURE UP A LOT OF QUESTIONS AS TO THE TRUTH OF THE MATTER WOULD PUT YOU IN A POSITION TO JUDGE SIMPLY ON FACTS AND NOT PREJUDICE AGAINST ANOTHER HUMAN BEING..
Fozzy says
Act like an ass, get the beatdown.. the CHP doesn’t have a lot of time not the environment to play a lot of games, so if you want to be a dick, you deserve a beat down to protect the other motorists.. there again is a skew to this story. but its not like this site is biased or anthing.
Xavire says
Really just for asking a question he deserved a beat down, he has a right to do so most cops don’t like when their authority is being questioned but oh well the public has rights to. We will see how this plays out in court, and further more they do not have the right to search your sleeper without probable cause they can search the trailer but that’s it why you think they don’t do it on roadside inspections if that’s the case hell they barely check your trailer .
Gerry Buck says
NO one deserves a beating like this. It was totally uncalled for. 2 cops, young and strong, beating up a 60 year old man. Yeah, it was called for, he might have fallen down before they beat the crap out of him. When you get on the receiving end of one of California’s ‘finest’, wonder if you will sing the same song.
jeremy says
wow! This is a good example of why you should have active cameras recording everything around you when driving a truck. If this were so. we would not be reading this allegation as the police would have settled and sealed this information.
cheyenne says
Welcome to america! Remember… johnny law gave him.a dui and he tested negative.. pretty soon no trucks will go into cali . Hell truck co leaving…..o/o going outta business cyz of new laws….CHP has always been a joke
dmfletcher55 says
Then they lose the money you pay for a ticket. It happened to my codriver on a fix it ticket. He paid then 4 years later they came after him for 400 dollars saying he never paid the ticket. I know he did we went and got a Money Order with the fixed light receipt.
Leo says
Why did police officers beat him up?
sam says
I know there’s a video about this on youtube at a news report.it happened around truckee if i remember correctly they might of pulled him for running. the scales.They have the chp responding to the allegations on that video.The thing that sucks is his court date isn’t till feb 2015 and this happened 2011 supposedly.hmmmm.
Sue G says
They are waiting for him to die or something…
Mike G says
Too many cops today are nothing more than armed thugs paid by the taxpayers. The only difference between them and the Crips and the Bloods is that taxpayers do not pay for the weapons and uniforms for the street gangs.
sam says
Here is the link to the youtube video about the incident. youtube.com/watch?v=6lcYTJx9Y1c&feature=youtube_gdata_player
Jeff says
I cant see or justifi this kind of beating on an older guy for NOTHING? i,d have to see and hear both sides also. if by chance there was nothing? and this guy was beat like that? i,d fire those chp, see to it they never become police ever again anywhere, go a list of bad cops like sex afenders, and this guy get a very VERY large sum of money!!!!! for just being out of hours, so they say, and finding nothing? and not driving stupit?? hummmmmmm seems fishy.
Michael Garringer says
I’m going to have to disagree with the vast majority saying this man had to do something to provoke this from the CHP… Well the reason I say this is because of a personal experience I’ve had with LAPD… I had just moved down here from Ohio, I had been in Cali for about 2 months. still had my Ohio license… well I got pulled over on my way back to my friends house… They told me they pulled me over for speeding… I was going 30 MPH down Wilcox Blvd. just south of sunset… I told the officer but hey the sign behind me says 35… he said no its 25 mph your in a residential zone… i asked him why does the sign say 35 MPH then… at that point he pulls his flash light out and turns it on, then asks me to shut my eyes… I shut my eyes he shines light in my face… then immediately he’s grabbing me by my shirt trying to rip me out of my car via the window… unsuccessful he shoves me back in opens my door grabs me by my arm and yanks me out as I fall to the street… he slams his knee down on my head slamming it back into the pavement… slaps handcuffs on me… picks me up and starts to walk me to the back of the car but changes his mind so he grabs the back of my head and slams it into the car just above the rear driver side door kicks my feet apart then turns me around and kicks my feet apart again then knees me in the balls and yells WHERES THE DOPE… I told him I don’t know what your talking about…. so he tears up my car looking around and doesn’t find anything but the few bags of things I bought such as a portable wardrobe… a few pillows etc… so when I got a place I had stuff already… he says do you have a receipt or did you steal the items… I asked the officer what his deal was, then he replies back with come on tell me where the dope is… of course I tell him I have no idea what he’s talking about… then he starts in with who’s car is this is it stolen…. at this point he’s looking hard for something to get me on… he radios in my vin number then tells the dispatcher to call Ohio for them to run my id all sorts of things… he finds nothing and has to let me go… I ask him for his badge number… i would have gotten the car number but of course he’s got his spot lights on and all I see are those blinding lights… I forgot to mention this is at night…
he refuses to give me has badge number… cuts me loose and tell me to get the f#$k out of here, don’t let me catch you again… I never knew what he meant… I didn’t pursue and legal consul or anything but was pissed…. I got beat up pretty good that night but didn’t feel like dealing with courts etc… I literally done nothing wrong the cop was just an A$$ hole and was probably bored… this happens all the time but people don’t want to believe it.
average Joe says
I sincerely doubt they were driving down the road and said “oh a Russian let’s beat him senseless”. Cops “usually” try refrain from doing this kind of stuff especially nowadays due to the amount of nosey people that can become witnesses. I say the driver pushed his “I know all the laws regarding trucking because I’m a truck driver” attitude like most of the people on this post blaming the officers without knowing both sides, but then again that’s a super trucker for you.
Debi Burge says
THERE IS TOO MUCH LEFT OUT IN THIS STORY..LIKE WHERE WAS HE PULLED OVER ..WHY WAS HE STOPPED..AS FAR AS CALIFORNIA IS CONCERNED OFFICERS USUALLY DON’T PULL BIG RIGS OVER IN THE CITY..TOO MUCH TRAFFIC AND NO PLACE TO PULL OVER SAFELY SO IT SEEMS IF THIS OCCURRED HE HAD TO BE OUT ON INTERSTATES..NORMALLY I WOULD THINK THE TRUCKER HAD TO BE SPEEDING BEYOND THE POINT THAT IS ACCEPTABLE FOR CALIF WHICH IS ABOVE 62 MPH .WHEN I AM STOPPED BY OFFICERS IN CALIF WHEN I GET OUT OF MY TRUCK TO TALK TO THEM THEY USUALLY KEEP A SAFE DISTANCE AWAY FROM ME JUST TO PROTECT THEMSELVES IN CASE THE PERSON MIGHT ATTACK THE OFFICER..WHY WOULD THIS DRIVER BE PULLED OVER IN FIRST PLACE UNLESS THEY HAD RUN HIS LICENSE AND THAT MIGHT OF BROUGHT PROBABLE CAUSE..TOO MUCH INFO IS MISSING FROM THE STORY..MAYBE THE REPORTER SHOULD CHECK THE FACTS BEFORE SUBMITTING THIS STORY TO THE MAGAZINE AND GETTING ALL OF US WORKED UP OVER AN INNACURATE ARTICLE..
Mark says
Hey Debi…how about hitting that “caps lock” button and turning the caps off. Two posts…all caps…VERY annoying.
Allison L.Keesey says
This is terrible. Sure would like it if the other side of things, were included. Cannot say what caused. But if in fact is true,I don’t believe anything could justify the injuries. I don’t think racial profiling, discrimination, had anything to do with it.
Makes me wonder why the driver would use that excuse or reasoning. Would love it if u’all would follow up , update this as it is uncovered, please.
Thanks
Tim Lucas says
It doesn’t take two cops and a beating to arrest a 60 (sixty) year old man.
SurvivalTrucker says
THESE are the very reasons why video/audio recordings of ALL traffic stops need to be made by the citizens to help prevent these issues and bring to justice any officer of the law who engages in such criminal violent activity against another human being. California law at this times requires you to advise any law enforcement officer that you are recording the traffic stop, otherwise you can be charged with a crime for not informing them. Yes, California legislators have adopted this law to protect officers from being “caught in the act of a crime,” simply because they weren’t aware they were being recorded.
Roger Dee says
Where? When? Come on TR, where are the details? Still, hard to fathom why
a couple of our “finest” would beat a 58 year old driver to a pulp.
BDBX says
3 sides to every story! one side, the other side, then the truth. Too much info left out. It baffles the mind to see people who think cops don’t, won’t and can’t do any wrong. ” tased and beaten so badly that he received broken bones, multiple fractured ribs, a concussion, traumatic brain injury, and facial fractures so severe that he had to receive reconstructive surgery.” 2 cops to subdue a a 58 year old man and that’s the force necessary to arrest him? REALLY If the driver was armed, then so be it, all bets are off, but if he was unarmed, that’s total BS
Clinton says
So driver was charged with DUI and over hours as well as resisting arrest. He refused to sign the ticket before reading it that is when the police report shows that the cop proceeded to beat him.
As per the court records all charges were Dismissed.
Here is the CHP report. http://media.nbcbayarea.com/documents/Officer+Murrill+CHP+Report.pdf
And you can find all the other PDFs here. http://www.nbcbayarea.com/investigations/Berkeley-Man-Near-Death-at-the-hands-of-CHP-206494311.html
So read those and then tell me its all the 62 year old mans fault.
troy says
Does anyone remember the two Wyoming state cops that detained a Wal-Mart driver and planned on killing him in a staged accident so they could collect on a lawsuit against walmart? F these mofs…. if you believe cops are out there to protect you you are sadly mistaken. ..
wing says
I know of another case in Wyoming where the off duty police officer intentionally harassed a U.S. Mail driver… this can happen anywhere. You have to report, or they just keep getting away with it.
Ron says
The Police officer have the only job I know of…that you can lie about someone,and the courts will cover up for them. Come Febuary of 2015, it will be “old news” by then,and the courts will let the police off. It will be “settled out of court”,and the police will be back on the job..to abuse someone else again. I lost my Michigan CDL,by the Ohio Highway Patrol,because I file a disiplinary compaint n 2006 against them for ” false information on an accident report”. There are more dishonest cops than there was years ago. Police now have a “Chip on their shoulder” all he time. Not good for the rest of us who do obay the laws.
Sue G says
All three correct. I used to be an Interpreter and I can attest to that.
Countrycuz says
Preachers, Cops, Lawyers and Prison Guards have the highest percentage of Spouse Abuse.
Power corrupts and absolute power corrupts absolutely.
Also power attracts the corruptible. It is always best to treat any cop as though they are prone to violence unless you are in the presence of witnesses.
Those who crave power are second handers and parasites.
Someone says
I believe all vehicles (not just police cars) should have dash cameras with microphones. There probably should be an extra camera facing out of the driver side. The recording device holding the video should be well hidden and setup to be very difficult to tamper with.
Larry says
My friend is the attorney on this case. What this story says is both sides of what happened. The CHP officers wrote conflicted police reports and that is one of the factors that shows they were lying. The dash cam videos were released and after seeing them the case will be settled out of court. It clearly shows no movement by the driver for a need to attack him. I was also a victim of police corruption and had the office put 4 different lies on the police report. Thank God for the sheriff being a friend and telling me to get the recordings from the jail. It showed the officer telling the jailer that he was filing a false police report on me because he didn’t like me. Look up Chris Gill Danville Indiana and it will show you what else he did wrong.
If you think this doesn’t happen then I pray that it never happens to you. Look up policeabusedotcom and you will see it happens a lot.
Sue G says
Well said and thank you. It is time for general public to wake up.
WING says
A 58 year old. Probably out of shape…… , hospital report says no drugs or alcohol……, allegedly out of hours..log book says otherwise, likely CHP and DA withholding patrol vehicle video , has it been
four years…..where is ACLU in this matter(LOL!)….WOW!…..two tough cops beat up a truck driver…
know of anyone in the surrounding community who spoke up for this man?…… TV investigative team?…. any large media. NO.
Because he is a lowly truck driver, lower in caste system than a man or women in India, the cops think he can be done away with as they please…. the manufactured evidence about the drugs and alcohol, unto themselves, says false arrest, invasion of privacy, false reporting, assault, and as these two are professionally trained in some kind of physical restraint, assault with a deadly weapon…..
Yet there are no JFK’s or MLK’s to help you or champion your rights to privacy , First, Fourth and Fifth amendments, you know, the right NOT to incriminate yourself(the DOT says the company, established in law as a virtual entity, (don’t think so…see business PERSONAL tax), must make you use a log book) and the log book incriminates you,claiming probable cause (again false reporting), false imprisonment,etc.
Why no U.S. DOT investigation?……. You know why.
So, as Paul Harvey said, paraphrased, ” let’s hear the rest of the story”.
Expect this treatment to continue, as the general public will not protect you, you say yes they will,
then where are they in this matter? Patriot Act says no, Home Land says no, FBI says no, TSA says no, NSA says no, ACLU says no with their silence…., and most certainly DOT of any shape or form, U.S. or state says no! Not your congress, no! They’ve got theirs!
But let this Russian, again pointed out he is human, FELLOW DRIVER, speak up, using available evidence, including REQUIRED log book, and takes a beat down by jackboots. By evil, the man is gonna teach him a lesson!
Expect the same, as YOU are truckers too!
Anybody got balls enough to PARK IT!
for a lowly truck driver….. NO!
WING says
You are mis-thinking if you believe the police have a legal RIGHT to go through every thing in your vehicle. It is a mis-directed POWER they have bestowed upon themselves. TSC even says probable
cause, which they believe usurps your rights. Yet probable cause is left up to the police officer….
Kristine Molmen says
Just because an officer finds someone’s accent hard to understand, DOES NOT give him/her the right to beat upon another human being. I, myself was berated & shouted at using vulgar by police in Virginia, when all I was asking was to have him explain the summons he was trying to write me up for. He went so far as to try taking me away in cuffs. for only not understanding what he was trying to write me up for. I obtained a strong lawyer through, Open-Road (truckers Insurance) & beat the charge. I wish this driver the very best of luck.
Jerry says
Any cop speaking honestly will tell you there are 3 types of people, cops,cops families & suspects. It is us against them definetly nowadays. Just look the military style uniforms they wear these days. Last cop I trusted or will trust was my own father.
Sue G says
Keep sounding the alarm maybe it will get through some folks ears sooner or later. Why do California need huge prisons?
AzDon says
Thanks to Sam for the youtube link to an excellent NBC local investigative report…. After seeing this report and hearing the officers’ supervisor/spokesman basically give no specifics in defense of his officers, I’m gonna hafta say 1) that I’m shocked that these officers still are on patrol from a safety perspective and 2) that the state of CA will be willing to pay out on behalf of these guys, yet still employ them.
I can tell you from firsthand experience that Ca’s courts will ignore multiple valid legal arguments all the way through the appeals process in the pursuit of the $$$ that a ticket represents. CHP officers are nothing more than field revenue agents for the court system. Their job is to acquire court revenue at the point of a gun. Signing the ticket proves you are the accused party. Think you are innocent once they’ve gotten you to sign? THINK AGAIN!!
AzDon says
Yes, There is more to this one-sided story and the CHP supervisor/spokesman was given camera time in the youtube’d NBC report and chose not to tell the CHP’s side! HMMM…
edward says
Wow! That man looks vicious!!! Way to go CHP. In a system that breaking down in so many ways, one might think Law enforcement would make a grab for the power that comes with trust. But not here, not a cop smart enough to figure that one out.
David says
Hell, that guy is nearly 60, ok 58, but he looks like a good wind would blow him away. 2 state troopers couldn’t subdue him? I’m a big guy 6’4″, 240,I’ve been tasered,I didn’t go down but it was a close thing. I hope he gets the Rodney King verdict.
Rickey Gooch says
I saw the video on this as well as the officer involved. The officer has a record of this behavior. This stuff happens from time to time and just like they make an example of a bad driver they need to make an example of this bad officer.
Let’s see, a skinny old man was nearly beaten to death by a much bigger body builder who complained that the skinny old man was very strong!
I showed this video in my CSA training class and the drivers were so upset that I almost never got them back in order. Because of that I couldn’t play it for anymore classes.
Rickey Gooch
Justice for Truckers
ironage says
Hell….i read about this ages ago. Why is the Truckers Report just getting around to it now?
leo wilke says
Do i respect authority? Of course i do! For those of you who say there has to be more to it, haven’t been subjected to unwarranted violence by law enforcement. Remember the pregnant lady who got thrown to the ground a couple weeks ago for lifting her hands to her waste? Take a look at the video, did she look like a threat? I don’t think so in any way.
When I was in the military, in the early 70’s I was pulled over, it was on a street where there was no where to pull over. I had to go about a half block and pull into an apartment driveway. The two cops got pretty rough. Im white and I was scared as hell, lol. My friend got his head bounced off the concrete and the other officer slammed my lower back against the door handle. When they took me to the station and printed me, they twisted my arm almost out of socket and laughed about it while they did it. By the way, there is no “other side” to the story. Scared the hell out of me.
Wayne Diebold says
But drivers! arn’t you getting just a little bit sick of being treated like your a habitual criminal just because you chose truck driving as a vocation?
GordonA says
Excessive force?. It sure looks like it. One old man. Two cops. I would like to see the injuries on them if any are present. I doubt he inflicted any kind of marks on them. A old trucker against two trained officers. They cannot screen out all the bad applicants wanting to be cops. I know that the stress levels are astounding for some depending on there win loss battles in court and I think this time it boiled over. considering the damage to the driver it was all one sided. I hope he gets millions out of this. I might just wake up California leadership.
Deborah L says
This guy does not even look the type to try and start a fight to begin with. You have a cop who is trained in fist boxing, weighs 220 lbs vs 165 lbs and used a ploy of a a reported sleepy driver. A driver with a broken eye socket, ribs and arm and various other injuries. Where it was at was stated in the video as being in the mountains, not a busy city where it would be a problem to pull him over.
And the driver wanted to read first before he signed the ticket to see what it said, how many of you have done the same thing or do you blindly sign your ticket.
I hope the evidence plays out and the CHPs are found guilty of abuse of their badge.
WING says
http://www.youtube.com/watch?v=6lcYTJx9Y1c&feature=player_embedded#t=344
http://americanlivewire.com/truck-driver-beaten-nearly-to-death-by-chp-is-suing-video/
No financial gain is intended by providing these links to the report.
Here is one media take on the incident…. which is 2 years old!
Acting investigative officer says, paraphrasing, that if you simply obey and do what the officer says,
nothing will happen to you, yet you are in your rights to refuse to sign the ticket, and will be arrested, but the 2 officers here showed some real signs of incompetence as the video on youtube will provide you… I simply googled this using the drivers name reported in the Truckers Report article we all have been making comment on. See for yourself….
Now do you have the balls to PARK IT in California, or not go there at all?
HOW AND WHY THIS SHOULD BE SETTLED OUT OF COURT?!!!
WING says
Awaiting moderation…. hmmm, anyone can google the drivers name and find the links I provided.
Are you scared of the truth Truckers Report. Yah, adding a link may get you in trouble for leading
readers and commentators to your competition, as you didn’t go far enough in your report. Add some new age reporting tools to your list, and you will become much better journalists. The trucking industry wants drivers to use all the new age tools, and just be fed info….but is that fair reporting?
Just sayin”
Samuel Barradas says
Take it easy with the conspiracy theories, hoss. We get an unbelievable amount of spam posted in the comments section, so the blog software automatically holds posts with links in them in moderation until they can be reviewed by a human. If that weren’t the case, your comment would have been buried under a dozen others suggesting the best place to buy cheap pharmaceuticals.
kevin says
Let me start with saying in you ever get pulled over you SHOULD ALWAYS HAVE VIDEO OR TAPE RUNNING. Anytime you don’t you are asking to lose a court case. It only takes a sticker on the cab stating ” this vehicle and contents maybe electronically monitored” Next if you are ever removed from your vehicle ALWAYS LOCK IT. This will force the officers to get a warrant to search. (Most of us have a hidden key to get back into the truck). Third shut up ! All you must remember is ” what you say CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW”. At no time can an officers testimony in court HELP YOU. I have been abused by more officers than I can count. They are there to do a job, revenue and the systematic abuse of the constitution. A lot of the search and seizure laws have changed in the last 2 years with major Supreme Court decisions. But even with these the DOJ STILL WANTS TO FORCE CONTROL OF THE PEOPLE. I don’t think any trucker can honestly say they have never been abused mentally or physically from an officer. You must learn to respectfully disagree and still keep your cool. I have sat in my truck for hours not replying to any questions not conserning the original reason for the stop. They get tired also. Lastly do not EVER I MEAN EVER SIGN OR ALLOW YOUR DRIVER’S TO SIGN A CONSENT TO SEARCH form these officers try to throw down your throats. You release EVERY RIGHT given to you by the Constitution. And no lawyer can get those back . As for this stop, I feel for the driver. His life changed very fast and he will never be the same.
John says
Here is a link to the story from the NBC investigative team. Happy reading!
http://www.nbcbayarea.com/investigations/Berkeley-Man-Near-Death-at-the-hands-of-CHP-206494311.html
wing says
Say there Truckers Report. How come this link I sent at o dark thirty was censored and John ,here with the same link ,was not? Can’t send you tube links either, for the same story?
Jodi says
Not so sure I trust cops….Anywhere….
Jodi says
Regardless…..a old man should not look like this after a encounter with a police officer.
Wait a minute, I mean a encounter with probably more then three police officers…..with tasers and guns.
I doubt the victim had any of those weapons.
Jodi says
What ever happened to “Peace Officers”?
Chris Swanner says
I really hope this gentleman wins his case and that the 2 officers have criminal charges brought against them! 1 no matter what anybody else says it is against the drivers constitutional right for those officer to search the truck with out permission or a warrant or probable cause! 2 excessive for like this is against every law and professional ethics I have ever seen! The officers that did this to this man need to be sitting in a jail cell along with the rest of the criminals!
kevin chevalier says
It don’t matter what the old fart did perhaps he didn’t understand or OBEY their command
or questioned their AUTHORITY, either or there’s no reason for an ass whoopin of that sort,
I’ve dealt with LAPD in person, and they do have attitudes with ego’s to match, they only
protect and serve themselves, some of them are cool others not so much, you oppose them
or question them in anything you’ll find out just how fast you’ll go to the ground, In my case
I refused to submit to an blow test, I was not under the influence, I don’t have to, of course your
assumed to be guilty, the point was I was innocent, it didn’t warrant be thrown to the ground
with a knee in the back, I tried not to resist but its hard not to want to hurt some one that
inflicting pain on you for little to no reason, I went to jail for assault and battery all because
I wouldn’t submit to a command, I wasn’t asked it was an order I wasn’t given the opportunity
to refute or defend myself I was guilty before I even refused so how to handle that, I will be
the first to admit I have a problem with authority especially I submit to no one with anger
in their voice or have their hand on a tayzer before any questions are asked, to me its the same
as shoot first shoot some more than when every bodies dead try to ask a few questions, cali is
hateful towards out state drivers, I’m glad I don’t have to deal with them nutzi’s out
there on the left coast any more.
Liz says
would LOVE to see the video off the officer’s dash cam!!!
Bill Johnson says
There is always two sides to the story. The. CHP is an exemplary organization, and their officers are held to a very high standard.
I have always been treated with respect from them, and I have been driving for over 30 years. I don’t mean to imply that I don’t like the Russians, but on occasion I have known that drivers from that part of the world that don’t abide by the hours of service, nor feel as our laws do not apply to them.
Mike says
There is always more to the story! A “claim” is just that………. You cop haters will jump right on the band wagon, the naive will believe the cops would never do this, and the fact is we may never know the whole truth about it. It is a sensational story no doubt, but nobody knows the facst as yet except those that were there…….I’ll bet there is some video that would go along way in establishing the truth of the matter…………
Asatt says
More to the story? Come in people wake up and smell the coffee! These are professionals here…professional government officials & a professional driver…police said they had probable cause because the driver was under the influence…hospital lab result contradict the officers claim! Now what reason would official have to falsify report unless they’re covering something up?
Old guy says
This is why the second amendment exists. Defense against tyranny. Two cops and one elderly man & he gets a beat down like this ? Something stinks here. I thought LA cops had video cameras on their squad cars ? If this was me I’d be looking for some payback. But first we should hear all of the facts first before over reacting. As far as the ACLU ? They’re about as useful as a pimple on my ass. This guy’s White, so they won’t do a damn thing. We need to see where this goes.
Old guy says
I’d expect this kinda crap from the Crook County Sheriffs police or the Chicago P.D. Pure corruption.
Joe says
I heard enough when I read they charged him with DUI ,yet blood test at hospital showed nothing!