
Brutal arrest of Black student in Florida shows benefits of recording police from new vantage point
'All the young people should be recording these interactions with law enforcement,' Crump said. Because what it tells us, just like with George Floyd, if we don't record the video, we can see what they put in the police report with George Floyd before they realized the video existed.'
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McNeil was pulled over that day because officers said his headlights should have been on due to bad weather, his lawyers said. His camera shows him asking the officers what he did wrong. Seconds later, an officer smashes his window, strikes him as he sat in the driver's seat and then pulls him from the car and punches him in the head. After being knocked to the ground, McNeil was punched six more times in his right thigh, a police report states.
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The incident reports don't describe the officer punching McNeil in the head. The officer, who pulled McNeil over and then struck him, described the force this way in his report: 'Physical force was applied to the suspect and he was taken to the ground.'
But after McNeil posted his video online last month and it went viral, the sheriff's office launched an internal investigation, which is ongoing. A sheriff's office spokesperson declined to comment about the case this week, citing pending litigation, though no lawsuit has been filed over the arrest.
McNeil said the ordeal left him traumatized, with a brain injury, a broken tooth and several stiches in his lip. His attorneys accused the sheriff's office of trying to cover up what really happened.
'On Feb. 19, 2025, Americans saw what America is,' said another of McNeil's lawyers, Harry Daniels. 'We saw injustice. You saw abuse of police power. But most importantly we saw a young man that had a temperament to control himself in the face of brutality.'
The traffic stop, he said, was not only racially motivated but 'it was unlawful, and everything that stemmed from that stop was unlawful.'
McNeil is hardly the first Black motorist to record video during a traffic stop that turned violent — Philando Castile's girlfriend livestreamed the bloody aftermath of his death during a 2016 traffic stop near Minneapolis. But McNeil's arrest serves as a reminder of how cellphone video can show a different version of events than what is described in police reports, his lawyers said.
Christopher Mercado, who retired as a lieutenant from the New York Police Department, agreed with McNeil's legal team's suggestion that drivers should record their police interactions and that a camera mounted inside a driver's car could offer a unique point of view.
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'Use technology to your advantage,' said Mercado, an adjunct assistant professor at John Jay College of Criminal Justice in New York. 'There's nothing nefarious about it. It's actually a smart thing in my opinion.'
Rod Brunson, chairman of the Department of Criminology and Criminal Justice at the University of Maryland, said he thinks it's a good idea for citizens to film encounters with police — as long as doing so doesn't make the situation worse.
'I think that's a form of protection — it's safeguarding them against false claims of criminal behavior or interfering with officers, etc.,' Brunson said.
Although the sheriff's office declined to speak to The Associated Press this week, Sheriff T.K. Waters has spoken publicly about McNeil's arrest since video of the encounter went viral. He pushed back against some of the allegations made by McNeil's lawyers, noting that McNeil was told more than a half-dozen times to exit the vehicle.
At a news conference last month, Waters also highlighted images of a knife in McNeil's car. The officer who punched him claimed in his police report that McNeil reached toward the floor of the car, where deputies later found the knife.
Crump, though, said McNeil's video shows that he 'never reaches for anything,' and a second officer wrote in his report that McNeil kept his hands up as the other officer smashed the car window.
A camera inside a motorist's vehicle could make up for some shortcomings of police bodycams, which can have a narrow field of view that becomes more limited the closer an officer gets to the person being filmed, Mercado said.
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However, after the police murder of Floyd, some states and cities debated how and when citizens should be able to capture video of police. The Constitution guarantees the right to record police in public, but a point of contention in some states has been whether a civilian's recording might interfere with the ability of officers to do their job. In Louisiana, for example, a new law makes it a crime to approach within 25 feet (7.6 meters) of a police officer in certain situations.
Waters acknowledged those limitations at a news conference last year, as he narrated video of a wild brawl between officers and a fan in the stands at EverBank Stadium during a football game last year between the universities of Georgia and Florida.
The sheriff showed the officers' bodycam videos during the start of the confrontation near the top of the stadium. But when the officers subdued the suspect and were pressing against him, the bodycam footage didn't capture much, so the sheriff switched to stadium security video shot from a longer distance away.
In McNeil's case, the bodycam video didn't clearly capture the punches thrown. If it had, the case would have been investigated right away, the sheriff said.
For the past 20 years, Brunson has been interviewing young Black men in several U.S. cities about their encounters with law enforcement. When he first began submitting research papers for academic review, many readers didn't believe the men's stories of being brutalized by officers.
'People who live in a civil society don't expect to be treated this way by the police. For them, their police interactions are mostly pleasant, mostly cordial,' Brunson said.
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'So it's hard for people who don't have a tenuous relationship with the police to fathom that something like this happens,' he said. 'And that's where video does play a big part because people can't deny what they see.'
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San Francisco Chronicle
an hour ago
- San Francisco Chronicle
Tennessee readies for execution of man with working implanted defibrillator
NASHVILLE, Tenn. (AP) — Tennessee is gearing up for an execution on Tuesday that experts say would likely mark the first time a man has been put to death with a working defibrillator in his chest. Gov. Bill Lee declined Monday to grant a reprieve, clearing the way for Byron Black's execution after a legal battle and ongoing uncertainty about whether the implantable cardioverter-defibrillator will shock his heart when the lethal drug takes effect. The nonprofit Death Penalty Information Center said it's unaware of any other cases in which a person on death row made similar claims to Black's about defibrillators or pacemakers. Black's attorneys said they haven't found a comparable case, either. Lee said the courts have "universally determined that it is lawful to carry out the jury's sentence of execution given to Mr. Black for the heinous murders of Angela Clay and her daughters Lakeisha, age 6, and Latoya, age 9." The U.S. Supreme Court on Monday rejected Black's appeals. The execution would be Tennessee's second since May, after a pause for five years, first because of COVID-19 and then because of missteps by state corrections officials. Twenty-seven men have died by court-ordered execution so far this year in the U.S., and nine other people are scheduled to be put to death in seven states during the remainder of 2025. The number of executions this year exceeds the 25 carried out last year and in 2018. It is the highest total since 2015, when 28 people were put to death. Black's condition Black, 69, is in a wheelchair, and he has dementia, brain damage, kidney failure, congestive heart failure and other conditions, his attorneys have said. The implantable cardioverter-defibrillator he has is a small, battery-powered electronic device that is surgically implanted in the chest. It serves as a pacemaker and an emergency defibrillator. Black's attorneys say in order to be sure it's off, a doctor must place a programming device over the implant site, sending it a deactivation command, with no surgery required. In mid-July, a trial court judge agreed with Black's attorneys that officials must have his device deactivated to avert the risk that it could cause unnecessary pain and prolong the execution. But the state Supreme Court intervened July 31 to overturn that decision, saying the other judge lacked the authority to order the change. The state has disputed that the lethal injection would cause Black's defibrillator to shock him. Even if shocks were triggered, Black wouldn't feel them, the state said. Black's attorneys have countered that even if the lethal drug being used, pentobarbital, renders someone unresponsive, they aren't necessarily unaware or unable to feel pain. Kelley Henry, Black's attorney, said the execution could become a 'grotesque spectacle.' The legal case also spurred a reminder that most medical professionals consider participation in executions a violation of health care ethics. Black's case Black was convicted in the 1988 shooting deaths of his girlfriend Angela Clay, 29, and her two daughters. Prosecutors said he was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting Clay's estranged husband. Linette Bell, whose sister and two nieces were killed, recently told WKRN-TV: 'He didn't have mercy on them, so why should we have mercy on him?' Intellectual disability claim In recent years, Black's legal team has unsuccessfully tried to get a new hearing over whether he is intellectually disabled and ineligible for the death penalty under U.S. Supreme Court precedent. His attorneys have said that if they had delayed a prior attempt to seek his intellectual disability claim, he would have been spared under a 2021 state law. Nashville District Attorney Glenn Funk contended in 2022 that Black is intellectually disabled and deserved a hearing under that 2021 law, but the judge denied it. That is because the 2021 law denies a hearing to people on death row who have already filed a similar request and a court has ruled on it 'on the merits." In Funk's attempt, he focused on input from an expert for the state in 2004 who determined back then that Black didn't meet the criteria for what was then called "mental retardation.' But she concluded that Black met the new law's criteria for a diagnosis of intellectual disability.

USA Today
4 hours ago
- USA Today
Tennessee to execute Byron Black amid heart device, intellectual disability concerns
Byron Black is being executed despite intellectual disabilities and a heart device that attorneys said could cause complications. Black is being executed for killing his girlfriend and her daughters As Angela Clay and her two young daughters slept in their Nashville home, a killer approached. They didn't stand a chance. Clay and her eldest daughter, 9-year-old Latoya, were found shot dead in bed. Clay's other girl, 6-year-old Lakeisha, was found on the floor in another bedroom, killed while apparently trying to escape. Now, 37 years later, Tennessee is set to execute the man convicted of killing them: Clay's boyfriend, Byron Black. If the execution moves forward on Tuesday, Aug. 5, Black will become the 28th inmate put to death in the United States this year, a 10-year high, with at least nine more executions scheduled. The case is unique for two reasons — Black's "undisputed intellectual disability" has many calling for a reprieve, including some Republicans; his attorneys have raised serious questions about whether Black's implanted heart device will cause "a prolonged and torturous execution" in violation of the U.S. Constitution. "Byron's execution carries so many risks," his attorney, Kelley Henry, said in a statement. "He is elderly, frail, and cognitively impaired; there's no principled reason to move forward with this torturous procedure." Tennessee Attorney General Jonathan Skrmetti said in a statement that the state's expert testimony "refused the suggestion that Black would suffer severe pain if executed." "Our office will continue fighting to seek justice for the Clay family and to hold Black accountable for his horrific crimes," Skrmetti said. Here's what you need to know about the murders, the three lives that were shattered, and Black's execution. When will Byron Black be executed? Black's execution by lethal injection is set for 10 a.m. CT on Tuesday, Aug. 5, 2025, at the Riverbend Maximum Security Institution in Nashville. What was Byron Black convicted of? Black was convicted of fatally shooting his girlfriend, Angela Clay, and her two daughters: 9-year-old Latoya and 6-year-old Lakeisha. They were murdered on March 27, 1988. At the time of the murders, Black had been on work release from prison for shooting Clay's estranged husband and her daughter's father, Bennie Clay, in 1986. Prosecutors told jurors at trial that Black killed Angela Clay because he was jealous of her ongoing relationship with her ex. Investigators believe that Angela Clay and Latoya were shot as they slept, while Lakeisha appeared to have tried to escape after being wounded in the chest and pelvis. Bennie Clay has previously told The Tennessean, part of the USA TODAY Network, that he believes Black killed the girls to spite him. "My kids, they were babies," he told the paper. "They were smart, they were gonna be something. They never got the chance." More recently, Bennie Clay, 68, told The Tennessean that he planned to attend the execution, though he said he has forgiven Black. 'God has a plan for everything,' he told the paper. 'He had a plan when he took my girls. He needed them more than I did, I guess.' Judge ordered Byron Black's heart device removed before execution On July 22, a judge ordered that a heart device implanted in Black needed to be removed at a hospital the morning of his execution, a development that appeared to complicate matters as a Nashville hospital declined to participate. But the Tennessee Supreme Court overturned the judge's order, and the U.S. Supreme Court backed that up, clearing the way for Black to be executed despite the heart device. His attorneys argue that the device, designed to revive the heart, could lead to "a prolonged and torturous execution." "It's horrifying to think about this frail old man being shocked over and over as the device attempts to restore his heart's rhythm even as the State works to kill him," Henry said in a statement. The state is arguing that Black's heart device will not cause him pain. Byron Black's attorneys call on the governor for help With their arguments over Byron's heart device at the end of the legal road, Black's attorneys are re-focusing their attention on his intellectual disabilities, and calling on Republican Tennessee Gov. Bill Lee to stop the execution and prevent "a grotesque spectacle." Citing Fetal Alcohol Syndrome and exposure to toxic lead, his attorneys said his mental impairments meant Black always had to live with and rely on family. Even now on death row, his attorneys said that other inmates "do his everyday tasks for him, including cleaning his cell, doing his laundry, and microwaving his food." "If ever a case called for the Governor to grant clemency or, at the very least, a reprieve, it is this one," Henry said in a statement. The director of Tennessee Conservatives Concerned About the Death Penalty said that she supports accountability for people who commit heinous crimes, but "the law is clear that we do not execute people with intellectual disability." "Governor Lee can insist on accountability while ensuring that the law is also followed. A situation such as this is exactly why governors have clemency power," Jasmine Woodson said in a statement. "Mr. Black has spent over three decades in prison for this crime and will never be released. As a conservative, I believe that he should remain behind bars, but he should not be executed." Lee's office has not responded to USA TODAY's requests for comment. In his statement to USA TODAY, Skrmetti pushed back at findings that he's intellectually disabled and said that "over the decades, courts have uniformly denied Black's eleven distinct attempts to overturn his murder convictions and death sentence." Angela Clay's family seeks justice Earlier this year, Angela Clay's sister told The Tennessean that she and her family were frustrated with years of delays, court hearings, and uncertainty. "It's been decades and nothing has happened," she said. "He needs to pay for what he did." Angela Clay's mother, Marie Bell, told The Tennessean that she had been waiting far too long for justice. "I'm 88 years old and I just want to see it before I leave this Earth," she said. Contributing: Kelly Puente, The Tennessean Amanda Lee Myers is a senior crime reporter for USA TODAY. Follow her on X at @amandaleeusat.


Axios
7 hours ago
- Axios
Arrest warrants issued for Texas Dems who fled state
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