top
Santa Cruz IMC
Santa Cruz IMC
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Homophobic Police Assault In Santa Cruz

by Steven Argue
The following is a letter of protest sent to the Santa Cruz City Council for the
police assault of Shane (Tammy) Maxfield.

Santa Cruz City Council,

I am writing to protest the assault and false arrest carried out against Shane
(Tammy) Maxfield by Santa Cruz Police Officer Brierly. A description of that arrest
from an eyewitness follows this letter.

You as the City Council are the boss of the police and hold direct responsibility
for the outrageous violations of civil liberties that are routinely carried out by
your police department.

Yours is a police a department that has been successfully sued for its violations of
free speech rights, a department that has violently broken up a protest against the
war in Yugoslavia, a department that purposely targets activists for harassment,
brutality and false arrests, a department that murdered activist John Dine in cold
blood, a department that has been caught spying on and infiltrating anti-war
organizations, a department that purposely targets the poorest of the poor for
harassment, brutality and false arrests under the direct orders of the anti-homeless
laws that you as a City Council have passed, a police department that targeted the
Blue Lagoon, a gay bar, for special homophobic treatment eventually costing the City
in a settlement of well over a million dollars.

The homophobic hate crime that Officer Brierly has now carried out against Shane
(Tammy) Maxfield is just one in a long list of crimes carried out by your police
department. Your encouragement of past crimes has led directly to this most recent
one. The Santa Cruz Police department is sending out a strong message that Santa
Cruz is not safe for the Gay, Lesbian, Bisexual, and Transgender community and that
the City no longer wants their tourism dollars.

I demand that Officer Brierly be immediately fired from the police force for his
hate crime against Shane (Tammy) Maxfield and that Officer Brierly be jailed on the
charge of felony assault for his criminal violence and reckless endangerment of the
life of a person suffering with HIV/AIDS.

Sincerely, Steven Argue
Liberation News
http://lists.riseup.net/www/info/liberation_news

Letters of protest can be sent to:
City Council: citycouncil [at] ci.santa-cruz.ca.us
Cynthia Mathews: cmathews [at] ci.santa-cruz.ca.us
Ryan Coonerty: rcoonerty [at] ci.santa-cruz.ca.us
Emily Reilly: ereilly [at] ci.santa-cruz.ca.us
Tim Fitzemauric: tfitzmaurice [at] ci.santa-cruz.ca.us
Tony Madrigal: tmadrigal [at] ci.santa-cruz.ca.us
Ed Porter: eporter [at] ci.santa-cruz.ca.us
Mike Rotkin: mrotkin [at] ci.santa-cruz.ca.us
Police Auditor: PoliceAuditor [at] ci.santa-cruz.ca.us


Date: Wed, 3 May 2006 16:16:07 -0700 (PDT)
From:
Subject: case #065-04163
To: dao [at] co.santa-cruz.ca.us
District Attorney Bob Lee:
May 3, 2006

I am a witness in the case of Shane(Tammy) Maxfield, case #065-04163. Shane was
handcuffed and forced to sit down against the chainlink fence on Pacific Ave/Church
for "directing traffic." He was actually helping a friend and another witness, David
Bliss jump David's battery to move his van out of the handicapped space.

The officer refused to give me his name and badge number. I begged him twice not to
arrest Shane as he is severely ill with AIDS and has just started a dibilitating HIV
cocktail of Trevada and Sustiva. He laughed at me and said "That's not gonna
happen." I told him Shane might die of stress in jail and he guffawed and shrugged
me off.

It was apparent the officer realized he hadn't charged Shane with anything yet as
he pulled Shane up by his coat, slammed him against the fence and forced the top of
Shane's head to barely touch him. He said: "Now I've got you for battery." This was
in full public view of at least 40 witnesses at 1 PM on April 25,2006. Before the
sergeant could take stories from witnesses Shane was put in the police car and taken
to jail. His arraignment is May 15, 2006. The jail personnel were sympathetic and
thought the whole incident ridiculous.

It is a travesty of justice to allow a police officer with NO communication skills
arrest a severely ill man for helping a friend (the van was already jumped and ready
to go when the arresting officer on the beat got there) This officer should be
removed from the police force as he is nothing more than a thug in a uniform. He
is guilty of police brutality, false arrest and battery upon Shane not the other way
around.

This case was immediately reported to the media and is sure to garner public
attention and support. The police on Pacific Ave. appear to be overzealous and
commonly ticket people for such trivial offenses as riding a bike the wrong way down
the street. In addition, the arresting officer in this case, listed on the arrest
report as Brierly, badge # 174, made numerous derogatory remarks about "hippies"
when he tried to prevent more people from stopping to observe the incident.

As summer approaches we need peace officers on Pacific Ave not Neanderthals.
Brierly should be arrested and removed from the police force immediately.
Add Your Comments

Comments (Hide Comments)
by el hefe
...is some fucked up shit.
down with the pigs
off with their tails
by Fuck The Police
Do friends want people at the arraignment to show community support?
by jdub
I'm so sick of this crap! I saw the cops harrass a guy in Capitola for offering a quarter to another guy that only had a dollar bill to pay the parking meter. The "parking" guy was going into Pizza My Hart to get change and the wheel chair pig threatened to give him a ticket. So, this innocent bystander offered to loan the guy a quarter until her got back. He was parked infront of the place, so it would have taken less than a minute. The pig called for back-up and told the "quarter loaner" that he was interfering with police business. The back-up of 3 police cars arrived and a full-on bullshit war started. "I could take you in for that"...blah, blah, blah. I love Pizza my Hart, but christ, the fucking gestapo in Capitola and SC make me want to avoid the businesess both downtown and in the vilage. I parked in the 3 minute zone infront of the Santa Cruz coffee Roaster and went in to get a snack. I looked at my watch... 9:47am. I went in ordered my pesto bagel untoasted, no bag, no cream cheese. Bam back to my car at 9:48. Guess what I saw, the fucking parking pig getting ready to put a ticket on my windshield. I told him I was there for under 3 minutes. "This isn't the place to park to get a bagel". Where is the sign that says that?
These are minor examples of the bullshit these cops try to pull. Spying on citizens! Beating down some guy in the street for directing traffic. What the fuck?
This crap has to end. They all need to realize that they work FOR us. I've never been helped by a pig. And, if I did need some help, they would be pretty low on the list of people I'd call. We've got a for-profit law enforcement system and it's screwing it's own citizenry.
by Utopia Bold
When do a bunch of guys who dress alike NOT behave like thugs? (gangs, armies, police, black ops, etc etc.

Why is it considered "normal" for zillions of men to dress alike and perform mobile choreography (marching) while carrying dangerous weapons?
Why are some women insanely imitating these macho goons by joining the military? Womens liberation is not macho imitation.

The military is job creation for mostly men to protect us from other men. However, unlike WW1, the majority of victims are women and children.

The world is going to hell not because men are out of control- It's because men are too obedient, obeying their so-called "superiors" who order them to kill.

It's time for the worlds men to disobey orders and start using their free will instead of behaving like sheep who see themselves as "mighty warriors".

Give the military the finger. Let the rich guys fight and die. They start the wars, not soldiers.
by also wondering
"His arraignment is May 15, 2006."

I assume at the Santa Cruz County Court House, but has a time been set?
by anarchist
This OVERTNESS should serve as a wake-up call (though it seems to not be)...the police are aware of (at least some) of what the American elite are intending for us: to live in a permanent Nazi-like police state, the kind of which Alex Jones warns of. Many of these cops are consciously aware that they are working to bring about a new imperialist order...at least it certainly seems that way by their nonchalant reaction to 40 onlookers, and that's just one example. Resistance has never been as urgently needed as now. Whining about it won't help. Neither will IMC posts who's creators claim to be "shocked" over every single incident of police terrorism. I stopped being shocked years ago. If I read one more activist who claims to be surprised by the most recent act of police malevolence, I think I'll scream.

-From Resistance To Revolution...can we do this? I'm getting sick of waiting-
by sick of this crap
Your statements about officer Brierly are intentionally false and inaccurate. By displaying your malicious accusations in this public way, you are libelling the officer. You should maybe spend some of the time that you waste sitting on your collective asses all day on the Pacific Garden Mall and think about how your loud obnoxiuos behavior affects those around you. The officer is sent to calls like this because other people are COMPLAINING about people like you. Or better yet, why don't you get jobs so that instead of being destructive and obstructive, you can actually be productive members of society....or is that too hard?
by annoyed
This is my second attempt at a posting, it makes me wonder if my other letter was "lost" do to its view.

I would like to start by saying that I have known PO Brierley for 10 yrs. And please note I know how to properly spell his name, something the author of the original article did not do. In the 10 yrs of knowing PO Brierley as an officer and a friend, I have never known him to make any negative comments towards the gay community. As a person of a "protected class" I would feel safe and protected going to PO Brierley to report a crime or report a concern. This is far more then I can say about the convict who wrote this article. Yes, Mr. Argue you are a convict. You are a criminal who battered a SCPD officer. I find it offensive that you are writing these defaming accusations against PO Brierley. If PO Brierley chose to sue you for defamation of character I would be the first one in line to defend him. PO Brierley is trying to make this community a better place for all who live and work there. Why don't you do your part, and get a job and contribute to this community you claim to be part of.
by PR campaign for pigs
Why do the pigs and their blind supporters always flock her for a PR campaign?
by Bob
O.K., like most stories here, we are missing a big piece. What did this guy do to provoke being arrested? No, it wasn't because he is gay. There was some probable cause that you failed to include in the story. What was it?
by Dave
Are these so-called police supporters really flocking here for a "PR Campaign" or are they really calling all of you out on your bullshit pot-stirring antics?

Mr. Argue, is your beef really with Officer Brierley or the officer who actually first on scene that escalated the entire situation? I was also near by and, like most, heard the event unfold. Most who post here, with the exception of a small few, never actually saw what happened. Instead they are influenced by you and others who share their perceptions effectively poisoning unbiased witnesses.

I am not saying that what you saw is in correct, but I beleive it was out of context. I think that you caught a small snippet of the actual events rather than the entire picture. And if you've really spoken with you're "friend" that you are standing up for, as "Tammy" who s/he is angry at.

Was their an unjustice on the streets of Pacific Ave that day? Yes. Was it committed by Officer Brierley? No. Was it committed by "Tammy"? Not really. Was it committed by people who want to raise hell for nothing more than self gratification? Most likely. Was it committed by the first officer who had been on scene that got "Tammy" all angry and riled up causing the altercation between s/he and Officer Brierley? I would say it's most probable.

I think you need to refocus your attacks and anger at the person most deserving, not Officer Brierley.
by anon
Contrary to your ranting, I actually own a small business in Santa Cruz and feel that the cop presence and downtown ordanances here often detract from the the reasons that people come here for. Look in any ad broshure promoting the city and you'll see some element of the "counter culture". There used to be a glossy pamphlet with a guy with a mowhawk sitting on the saw statue downtown. People like the vibrancy of our downtown. They don't come here to enjoy some whitewashed strip mall like downtown is becomming. Let's see some more street music! I understand that there is a limit, but I think that oftentimes the cops overreact. BTW, the taxes that my business payed last year easily payed the officer's sallary. They need to realize that they work for us, not the other way around.
by The Answer Man
"Are these so-called police supporters really flocking here for a "PR Campaign"...?"

Yes

All your life it's been really obvious that cops are nothing but kneecapper goon squads for the millionaire/billionaire Mafia that calls itself "leading citizens." Those people can get away with ANYTHING. They can fry MILLIONS OF BABIES with white phosphorus, destroy the FUCKING PLANET -- you name it -- you will never ***NEVER*** see a cop slam one of these assholes down onto the pavement and put a "compliance" move on him. They could be walking down the street, stone-cold insane, slashing five-year-olds heads off and neck-fucking them. At the same time they'll have their own private army of ELITE COPS fanning out ahead of them and intercepting any mere beat cop with silly ideas about upholding the law regardless.

That Mafia is your mortal enemy, asshole!

Insofar as cops are their little step'n'fetchit bitches, THEY ARE YOUR MORTAL ENEMY TOO.

Oh, but here's the juiciest most deliciously ironic part: cops are just blue collar slobs, which means the "leading citizen" Mafia is their mortal enemy too, which makes them THEIR OWN ENEMIES!! HAHAHAHAHAHAHAHA!!!! They're too fucking dumb and too drunk on petty head-bashing power to realize their allegiance needs to be with their own kind and not with these rich monsters who consider them livestock.

If cops want to convince me they're really heroes, they can do it really simply: by making REAL JUSTICE happen; by turning the guns on their proper target
by Robert Norse
The interview can be downloaded at
http://www.radiolibre.org/brb/brb060427.mp3 .

It begins about ten minutes into the program.
by anon
Surely there are cameras downtown. Let's see the footage and get to the bottom of it.
by Just A Thought
"Surely there are cameras downtown. Let's see the footage and get to the bottom of it."

Yes, there are many hidden cameras. Are they private, public, or both? Surely not enough to cover most of the downtown though and surely the police would only release any footage they have if it helped their case.
by Steven Argue
The anonymous angry (officer?) that goes by, “sick of this crap” suggests, “You should maybe spend some of the time that you waste sitting on your collective asses all day on the Pacific Garden Mall and think about how your loud obnoxiuos [sic] behavior affects those around you.”

This is an interesting statement. Since Shane (Tammy) Maxfield, myself, and the eyewitness do none of the things suggested, there is obviously some sort of stereotype here of non-conformance for anyone that is abused by the cops downtown. And it seems that in the mind of this hateful person that abuse is justified.

This person continues their hateful rant, a rant that has nothing to do with the people involved or the events that took place saying, “The officer is sent to calls like this because other people are COMPLAINING about people like you. Or better yet, why don't you get jobs so that instead of being destructive and obstructive, you can actually be productive members of society....or is that too hard?”

OK, never mind the facts, you will just make them up.

Someone then posted immediately afterwards something sounding like the exact same person saying, “Mr. Argue you are a convict. You are a criminal who battered a SCPD officer.”

Yes, I am a convict. Unlike the police and a system that batters on a regular basis locally and goes to war internationally, and gets away with it, I did time when I stepped in and physically stopped a Santa Cruz cop that was brutalizing a woman with a small child in her arms at protest against the bombing of Belgrade. That officer was found by the Citizen’s Police Review Board to have used excessive force that endangered the child, but alas I did not get a fair trial and was convicted and did time.

Being a convict I am in the company of some of the very best Americans including Rosa Parks, Eugene Debs, James P. Cannon, Leonard Peltier, Mumia Abu-Jamal, Martin Luther King Jr., John Brown, Sacco and Vanzetti, the 1893 Haymarket Martyrs, Hugo Chavez, Fidel Castro, Asata Shakur, Angela Davis, jeronimo ji Jaga (pratt), Sandy Loranger, and many others.

Sandy Loranger is a Santa Cruz hero and convict that did jail time in 1989 for feeding the homeless soup. When the judge offered her counseling instead of jail Sandy Loranger replied, "If feeding my fellow people is a crime, I am beyond rehabilitation."

Pointing the finger at me with your insane stereotypes and assumptions will not work. The crime committed was by the SCPD was against Shane (Tammy) Maxfield! The true criminals are on the SCPD and in the government.
by Posted by Steven Argue
I made an addition to my letter when it was sent to the DA. At the end of the second paragraph I added:

"He said he didn't care" (when I told him Shane might die in jail)

The officer definitely HATED hippies and asked anyone with long hair that passed if they were one trying to scare them off.

I should also add that when Shane was handcuffed sitting cross-legged in the dirt and asked me to loosen his coat, the officer said "If you do I'll arrest you too." I SHOULD have said "For what?" and challenged him as Shane was in obvious pain and very, very sick. I was seriously worried not just dramatizing things. This cop I AM SURE HATES WOMEN too. I wonder who he hangs out with on the force. I told him if did arrest him he would "never hear the end of it." I was not even rude which most people do not know their tone is not sufficient for assault by a police officer!!

We were in error about the arraignment -- it is May 31 not May 15.
by Bob
With all due respect, we seem to be missing part of the story. What was the pc for the arrest? With what crimes was this person charged? It was not for being odd, he was alleged to have broken some law.
by Steven Argue
Yes, after the cop assaulted him he was charged with assault. It's all in the eyewitness account nothing is missing here.
by santa cruz citizen
when I first came to santa cruz, many years ago, it seemed apparent to me that pacific garden mall (the green space prior to the earthquake) was an open air insane asylum. I could see why some people avoided downtown as I too got tired of being accosted by drunks and drug addicts. on the other hand, I've seen sc cops over-react to certain situations and completely do nothing in others (the situations where cops took a hands off attitude used to be when ucSC students had loud parties of drunk people. Unlike dealing with street people, drunk 18 year olds are apparently told to shut the party down and are left to drive home on their own. I used to live next to a notorious party house and 50-100 drunk wealthy kids were free to piss on people's cars, drive off drunk, break bottles, etc, stuff that would land homeless people a good weekend or so in jail). I take the middle ground on SCPD. I wish they would spend a better amount of their resources on kicking the drugs and gang elements out of beach flats and westside. You've got a baby watsonville happening and it won't be pretty if it's allowed to become like south county.
by Jen
When people are assaulted like Shane was, where is the middle ground?
by Steven Argue
As of May 25, 2006 today as the Sheriff called confirming Shane's arraignment on May 30 (Ignore all previous dates).

Drop The Charges!

People should show up for support at 8:00 AM. (I will not be able to make it).
by Bob
O.K., he was charged with assault, the allegedly assaulted a cop?
Thus, it appears that the pc was an assault. What are the facts regarding this initial assault? Who did he allegedly assault?
by russ (posted on Indymedia.us)
Atesto pri la atako kaj falsa aresto faritaj kontraŭ Shane (Tammy) Maxfield de policano Brierly.

Mi estas atestanto en la kazo de Shane (Tammy) Maxfield, kazo #065-04163. Oni katenis Shane kaj sidigis lin ĉe ĉenmuro sur Avenuo Pacifc/Church pro "trafika gvidado". Li efektive helpis amikon kaj alian atestanon, David Bliss, startigi la baterion de David por movi lian veturilon el la parkloko por handikapuloj.

La policano rifuzis doni sian nomon kaj ŝildnombron. Mi petis lin dufoje ne aresti Shane ĉar li grave malsanas pro AIDS kaj ĵus ekprenadis malfortigan HIV-medikamenton (Treveda kaj Sustiva). Li ridis al mi kaj diris "Tio ne okazos." Mi informis lin ke Shane eble mortos pro streĉo en malliberejo, kaj li ridis kaj ignoris min.

Legu plu, inkluzive de letero sendita al la urba registaro


Atesto pri la atako kaj falsa aresto faritaj kontraŭ Shane (Tammy) Maxfield de policano Brierly.

Mi estas atestanto en la kazo de Shane (Tammy) Maxfield, kazo #065-04163. Oni katenis Shane kaj sidigis lin ĉe ĉenmuro sur Avenuo Pacifc/Church pro "trafika gvidado". Li efektive helpis amikon kaj alian atestanon, David Bliss, startigi la baterion de David por movi lian veturilon el la parkloko por handikapuloj.

La policano rifuzis doni sian nomon kaj ŝildnombron. Mi petis lin dufoje ne aresti Shane ĉar li grave malsanas pro AIDS kaj ĵus ekprenadis malfortigan HIV-medikamenton (Treveda kaj Sustiva). Li ridis al mi kaj diris "Tio ne okazos." Mi informis lin ke Shane eble mortos pro streĉo en malliberejo, kaj li ridis kaj ignoris min.

Evidentiĝis ke la policano ekkonstatis ke li ankoraŭ ne akuzis Shane pri io ajn, do li tiris Shane per la jako, puŝis lin al la muro, kaj igis la supraĵon de la kapo de Shane apenaŭ tuŝi sin. Li diris, "Nun mi imputas al vi atakon." Ĉi tio okazis tute vidata de almenaŭ 40 atestantoj je la 1a ptm je la 25a de aprilo, 2006. Antaŭ ol la serĝento povis peti rakontojn de atestantoj, oni metis Shane en la policaŭton kaj veturigis lin al malliberejo. Lia tribunalo okazos la 15an de majo, 2006. La malliberaj stabo simpatis kaj taksis la tutan aferon ridinda.
Bob, when the police assault people they charge their victim with assault. That way they have both an explanation for their victim's injuries as well as a false charge to haul their victims to jail on. In this case you can read in the eyewitness account posted here how the cop stated that the charge was assault immediately after assaulting Shane.
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$180.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network