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Officers' use of force against rowdy Pirate fan divides expertsApr 12, 2011 (The Pittsburgh Tribune-Review - McClatchy-Tribune Information Services via COMTEX) -- A video showing Pittsburgh police officers whacking a man with batons at PNC Park has attracted attention from their bosses, a review board and, at last count, more than 120,000 viewers on YouTube. Experts on police conduct disagreed yesterday on whether the video shows officers stepping over the line with excessive force, or just doing their job to control a disorderly baseball fan. As police Chief Nate Harper and the Citizen Police Review Board announced they would examine the case, the officers' union head defended them. "We're not in the business of a fair fight," said Officer Dan O'Hara, president of the Fraternal Order of Police Fort Pitt Lodge No. 1. "The goal is that we win. We don't play fair. We're not going to go hands-on, one-on-one." The man police arrested Saturday night at the ballpark -- Scott James Ashley, 41, of Friendship -- remained in the Allegheny County Jail on charges of resisting arrest, public drunkenness, harassment and disorderly conduct. Court papers don't list an attorney. "I wasn't there to see what happened before the video was taken," said Kirk Roberts, 24, Ashley's roommate for the past nine months. "But I think the cops shouldn't have forced it down on him like that, hitting him with Tasers and beating on him." Roberts said he met Ashley through his father, who was in an East Liberty homeless shelter with the man. He said Ashley acts differently when he drinks. "When he's hammered, he can be like a comedian, sort of fun to be around," Roberts said. "But about a month ago, he was up drinking for two days, and we got into it right out here on the street." Five minutes after Ashley was arrested, police were again called by PNC Park personnel trying to eject Amanda Harle, 30, of Mt. Lebanon, who officers said was protesting Ashley's arrest. City police said they charged Harle with aggravated assault, defiant trespass and disorderly conduct because she refused repeated requests to leave, tried to kick an officer and repeatedly told the officers: "I work for KDKA and I'm going to fry your ... " The LinkedIn website identifies Harle as a producer at KDKA-TV. Christopher Pike, KDKA-TV's vice president and general manager, could not be reached for comment. Detective Francis Rende, who was working off-duty security in uniform at the stadium, wrote in an affidavit supporting Ashley's arrest that staff called officers to section 235 because Ashley was using foul language and refused to leave. The video, uploaded by a man who identified himself only as "Erik," shows Ashley wearing a red, white and blue windbreaker walking down steps in the ballpark as Rende escorts him, and bystanders chanting "USA, USA." Ashley attempts to high-five a man and elbows a PNC staffer. Rende wrote that he told Ashley to place his hands behind his back and Ashley refused and assumed a "fighting stance." The video shows Rende using a Taser on Ashley, with no noticeable effect. He then hit Ashley once near the head with a baton. Officer Jeffrey LaBella arrived and the two officers hit Ashley at least six times with their batons before knocking him to the ground and cuffing him. The officers feared for their safety as the crowd jeered and threw things at them, Rende wrote in the complaint. Elizabeth Pittinger, executive director of the Citizen Police Review Board, said she opened an inquiry after the seeing the video online. "We had some concerns and some interest in what was portrayed in the video; the use of the baton, the use of Taser and the neck compression," she said. "Whether or not it was reasonable and appropriate and proper, that's what we're looking at." Rende declined to comment, citing the department's review. LaBella could not be reached. Experts on use of force had different views on the video. "It's really terrible police procedure," said Dennis Kenney, a professor specializing in police at John Jay College of Criminal Justice. "He may not be following commands, but he's not physically resisting. The preferred option is to delay until a lot of other police and backup arrives." Kenney said Rende "accelerates the event to physical conflict." But University of Pittsburgh law professor David Harris said police had reason to believe Ashley would get violent after watching him hit the PNC staffer. "He had just gratuitously whacked that other guy," said Harris, who researches police behavior. "It looked to me and sounded to me they were ordering him to get down on the ground. If he had done that, there's no way they could just whack him. But he clearly doesn't do what he's being ordered." Kenney called the first strike near Ashley's head troublesome, "the last thing he should do." Harris said the officers did not appear to use excessive force. O'Hara said the officers were right in using batons, instead of pepper spray, which could have impacted people nearby. Ashley was taken to Allegheny General Hospital in the North Side before doctors cleared him to go to jail, according to the complaint against him. Rende and LaBella will continue to work details at PNC Park, which averages about six arrests a season, said Sgt. John Fisher, who oversees police work at the stadium and Heinz Field. LaBella is in his second season working details. Rende has worked there since the park opened in 2001, Fisher said. "He's very reliable," Fisher said. "There have never been any issues with him in the past." Police investigated Rende for using sick days to perform side jobs, but withdrew disciplinary action in 2006 partly because he was not counseled about the department's sick leave policy. The city suspended him when a South Side woman said in 1999 he sexually assaulted her after he answered a domestic violence call. An arbitration panel reinstated him in 2000. To see more of The Pittsburgh Tribune-Review or to subscribe to the newspaper, go to http://www.pittsburghlive.com/x/pittsburghtrib/. Copyright (c) 2011, The Pittsburgh Tribune-Review Distributed by McClatchy-Tribune Information Services. For more information about the content services offered by McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com. |