Oakland, CA — A short video was uploaded to Facebook Saturday that epitomizes the rift between police and the citizens.
The video was posted to Facebook by Peter Garza on Saturday, with the following description:
A OAKLAND,CA police officer spat on a friend of mine last night and he got it on video.. the cop claims it’s not assault, but if it was the other way around I’m sure my friend would of [sic] got charged with “Assault on a peace officer. THIS IS NOT RIGHT! MAKE THIS GO VIRAL
While it is unclear as to what was happening during the video, the actions of this officer are not disputed.
He spat on a man who was filming him.
The act of spitting on a person is considered assault under California law. A California assault can occur even if the touching involved did not or could not cause any sort of injury. It doesn’t need to be direct either—it can be done indirectly by causing an object to touch the “victim,” according to SHouse California Law Group.
CALCRIM 915 – Simple Assault (Pen. Code, § 240). (“The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind. [The touching can be done indirectly by causing an object [or someone else] to touch the other person.] [The People are not required to prove that the defendant actually touched someone.]”)
This officer clearly meant to spit in the face of another person. It can in no way be considered a part of his official duty, and he was in obvious violation of the law.
How could this police officer justify spitting on someone? If the roles were reversed in this scenario and the man filming spat on the police officer, you could rest assured that there would be an arrest, and most likely a brutal beating.
Instead, there is no recourse for the man who was violated because the one who assaulted him, wears a badge.
This officer should not be allowed to spit on people and keep his job. Share this video to let you friends and family see how Oakland’s finest treat its citizens.
If you’d like to voice your concern to the Oakland PD about this officer’s behavior, you can call them at this number, (510) 777-3333. You can also email them here: [email protected]