Report: No excessive force used in student arrest

Thursday, May 08, 2008 - 10:13:31 am CDT

Daily Sun staff

An internal investigation by the Beatrice Police Department into an incident in which a Beatrice High School student suffered injury during an arrest determined that the Beatrice police officer did not use excessive force.

The investigation follows an event on April 25 at BHS when Jacoby Wilcox, a 15-year-old student, was suspended by administrators after he became disruptive in a classroom, according to a Beatrice Police Department press release.

The release states, “The student was directed to wait in the office area until his mother arrived to pick him up, however he chose to leave the building. He then returned to the building and was told he could not enter the main area of the school, however, he could wait in the office or vestibule area for his mother.”

Beatrice Police Chief Bruce Lang said the student attempted numerous times to physically push past School Resource Officer Erin Byrne even though he was repeatedly directed to wait in the office or vestibule.

According to the press release, after numerous warnings the student was placed under arrest.

He resisted arrest and the officer took him to the floor, which was the cause of his injuries, including a separated shoulder and numerous abrasions.

According to the release, the student continued to struggle with police and a school administrator assisted Byrne in the arrest process. Throughout the incident, officials said, the student screamed profanities which could be heard several feet away.

“Anytime they (someone being arrested) struggle, something bad can happen,” Lang said.

He said it’s not that often that officers have to arrest a juvenile, and regrettable when that happens.

“Had he complied with the officer and not gone back in the school it could have been avoided,” Lang said.

The internal investigation, conducted at Lang’s request, determined that Byrne did not use excessive force and utilized the minimum amount of force necessary to effect the arrest.

According to the release, “his decision to not allow the suspended student back in to the main area of the high school was correct and served to protect the other students and staff from potential harm.

“The investigation consisted of review of the video of the incident and interviews with students and staff who witnessed the arrest.”

Wilcox’s mother, Candace Blakemore, said earlier she is considering legal action as a result of the incident.

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bhs alumni
May 8, 2008 12:47 PM
The fact that his mother is considering legal action as a result of this is just like the lady who sued McDonald's for her coffee being "too hot". It's your own fault, kid. Now grow up and accept the consequences.
Timmy
May 8, 2008 1:38 PM
I don't know if Mr. Sutter was there, but I recall when I had him as a teacher many years ago, I WOULDN'T wan to mess with him! This boy needs to learn some RESPECT. Defiance disorder or whatever he has...sounds made-up.
AM
May 8, 2008 2:19 PM
I believe that in the JournalStar article about this a couple of weeks ago, the mother tried to defend his son by saying he had some sort of condition....I can't remember what it was called, but something to the effect of "Freaking out when authority tells him what to do." And because he's medicated for it, she should press charges?!

It's called, "teach your son respect for authority." I'm sure PLENTY of 15-year-old boys hate authority and get angry, but it's nothing that needs to be medicated. What is it with this generation's parents giving their kids medicaion for EVERYTHING?!? ADD! ADHD! If something isn't right with their kid, instead of TEACHING them, they give them pills. Sad world.
AM again
May 8, 2008 2:26 PM
I found the quote from the Journal Star article....

"He suffers from oppositional defiance disorder, which causes him to lose his temper easily and question authority, she said. He’s on medication and is seeing a psychologist, she said."

Oppositional defiance disorder? That's not a disorder! It's disrespect!
Reader
May 8, 2008 3:30 PM
Didn't expect the police investigation to come out any differently - of course they would find no excessive force was used. I hope the mother pursues legal action!
disgusted
May 8, 2008 4:58 PM
This kid needs to be disciplined!!!! If the mother would take more time disciplining the child rather than looking for any way to get free money -this whole situation probably would not have happened. If I was suspended when I was in high school I would have been severely punished and I would NOT have done whatever I had done to get suspended again!!
the suspense
May 8, 2008 5:05 PM
Gee now I can sleep at nite! The suspense of waiting to hear how this 'investigation' was going to come out was killing me!! (snicker snicker)
clarence
May 8, 2008 8:57 PM
This is not uncommon for some of todays youth to think that no one is going to tell them what to do. I would bet that this kid will make headlines several more times before he is 18. pills are not the answer to cure his actions.
Kent
May 8, 2008 10:51 PM
It would appear that the board of education was not brought to the seat of understanding often enough in this young mans case. If it had been, he would have understood that the officer ment what he said. Maybe other parents in the district should bring legal action against the parents of this child for putting our children at risk of his temper tantrum.
ODD Medicated
May 8, 2008 11:10 PM
Too bad it didn't happen outside of the school. This sounds like it would have made a great episode of COPS!
kent
May 8, 2008 11:28 PM
If this young man behaved himself well enough to get expelled then came back to argue with a Police officer, we have what is known in educational circles as a teachable moment. It is unfortunate he may have received an injury during this moment, but nothing good ever comes cheap. Pick me for the jury in the civil case, I bet we can get the district an appology.
Lunchbox
May 9, 2008 6:19 AM
We have an outstanding school system and Police department here in Beatrice. We should be proud. I am certain that the arresting officer and others involved in the incident feel badly that the young man got hurt. However, the kid is responsible for his own actions. If this lad is that defiant and irresponsible perhaps he should find onother place to go to school.
Rob
May 9, 2008 11:49 AM
Anybody who has went to beatrice high in the last 3 or 4 years knows that officer byrnes (sp?) is not an aggresvie type of officer. He gives you time to say what you want and understands kids (he has them too) i think that the whole situation just blew up to far. And off course the kids gonna get hurt. the carpet in the high school isnt the softest thing in the world and if your gonna be kicking and fighting back then ur gonna get carpet burn. I knew the inves. would go like this as it should have. although i wouldn't mind seeing the tape.
Penny D.
May 9, 2008 2:47 PM
After reading this article, I agree with the school official & the police actions. Today's teen-agers think they can do & say anything, to their parents & to authorities. They (teens) have NO respect for either!! It's about time for someone to teach these teens RESPECT!!
diane
May 9, 2008 3:17 PM
As for your comment Timmy.....you said that "you wouldn't mess with Mr. Sutter"....why is that....i thank you for stated that in black and white...because you just let the community know that Mr. Sutter has no problem putting students down on the ground and could care less about the injuries that he is placing on the student.....lawyers would love to read stuff like that to use in court.....they might have found that the adminstration and resource officer did no wrong....but can we say....CIVIL SUIT....and i hope the family of this student racks it to all that did damgage......
BB
May 9, 2008 4:36 PM
To anyone who thinks that maybe excessive force was used, do the names Klebold and Harris ring a bell? Maybe if a few "grown men" had been there to stop then at the door in 1999, 15 people would not have died at Columbine! Think about it!
Roxann
May 9, 2008 5:25 PM
Why would anyone expect any law enforcement entity to say they made a mistake, didn't handle something very well, and offer apology for their mistake?

It's a good ol' boy network, and cops stick together to cover their behinds.

The cops never are held accountable or take responsibility for their actions. They have no one that is unbiased monitoring them. An internal investigation is a crock! How biased are the investigators?!

I hope that the family is successful in their search for justice for their son.
Beatrice Graduate
May 9, 2008 7:53 PM
I'm glad that this is the result because like it has been said Officer Byrne is very fair and would never do this without a reason. And to the people who hope she is going to take this to court. Good for her, I'm glad she is going to pay money to get a lawyer just to get the same result. Video Tapes don't lie, so all the defense is going to have to do is show that tape to show the student pushing back and everything that happened to prove that extensive force wasn't used. And then the students and teachers who saw that can tell exactly what they heard and saw and this case is basically going to be open and shut. I wouldn't be surprised if the judge asked the mom if she really thought she would win.
students parent
May 9, 2008 9:52 PM
You do not have to like the rules or laws that are in place but they are there for a reason and no one has the right to decide that they are above them and that they do not have to abide. If you chose to ignore the rules and request of the law then accept the results and do not whine when it doesn't end up the way you thought it would. I agree with Kent and would be another good pick for the trial.
Timmy
May 9, 2008 11:49 PM
I only say that about Sutter because he is a big dude. I doubt he would harm anyone. More of the "gentle giant" type. But still, his size is intimidating. That is all I meant.
SMART ENUFF TO COUNT
May 10, 2008 9:37 AM
MY,MY,MY.. look at all the finger pointers we have here, Not even smart enough to shut their pie-holes long enough to count how many times the BPD has changed this same story around!For the sake of the child here folks, well he seems to be smarter then all of you,so here is some of the smartest advice you will ever here (get your pens and paper out and write this down so you will NEVER FORGET IT)Every time you are so quick to point that finger,just take a look and count how many you yourself have pointing back'atcha !!! So Moral of this comment board just showed how ignorant and easily twisted the BPD slid the "FAIRY TALE VERSIONS BY YOU AND YOU DIDNT EVEN CATCH ON" HMMMMM now that was TRICKY HUH? WISHING ALL THE POWER TO THE PARENTS AND THEIR CHILD IN THIS "ANY PARENTS WORSE NIGHTMARE" sitution!!! My thoughts and prayers are with you each day!!!
Concerned parent
May 10, 2008 10:01 AM
Wake up Roxann. What if that student got by the officer and had a weapon. Then he would be in the spot light for not doing his job. Yes its to bad the student got injuries but that was the choice he made and every student went home safe.
Disgusted
May 10, 2008 10:20 AM
Having worked with both Officer Byrnes and Mr. Sutter I can honestly say that both of these men have the up most respect for the students in this community. Neither would ever do anything to harm a student. You have to remember-there were 800+ other students in that building that day-what were they suppose to do? Let this kid walk around the building disrupting classes and possibly hurting other students until his Mother showed up to get him?

Give me a break-it's the Mother's right to seek legal counsel but even if she could afford that expense, she better take a long good look at the security video before putting herself in that type of situation. The money would be best spent on more therapy or homeschooling her son.
Concerned Citizen
May 10, 2008 10:22 AM
While oppositional defiance disorder is very real, it did not cause this child's injuries. He caused them by his lack of respect for rules. Society has rules, and he cannot go through life not expecting to adhere to them. If he does, he will lead a very sorry life. But, then, the mother knows this...how did she behave in school? What are her rules at home? What are her punishments when he acts out? Oh, poor baby, you have an illness...not a good way to raise a good citizen. As far as the comment about Jason Sutter...I do not think it was in regards to being forceful but rather to his intimidating size...sue the school, but there will be plenty of people who testify that they are thankful that their children were safe that day...I know I will.
Damen Kugel
May 10, 2008 6:49 PM
I completely support Officer Byrne in this situation. I will agree with many of the alumni on this blog by saying that Byrne definitly gives you a chance to explain yourself before he acts. He is a stand up guy and very understanding. I see the incident as an attention getter, not only for the child but for the mother as well. Procedures and regulations are in place to protect BPD, BPS, as well as Byrne in such an incident. Apparently, this family needs to grow up.
hal
May 10, 2008 7:09 PM
I see that there is a poll asking if there was too much forced used. Just how can anybody have a opinion one way or the other? From what they heard? From what they have read in the paper? Then the people that have been posting on here saying that it's a cover up, the child was beat and so on. Were any of you there? Have any of you viewed the video? This is what we know for sure. First the student would not do as he was asked by staff and the officer. Second he became violent with both staff and the officer. He refused to do as instructed (wait in the office or the entryway) He assumed that the rules didn't apply to him. He resisted arrest, a scuffal ensued and he was arrested. HE not the officer or staff chose this course of conduct. HE made the choice to resist. When you resist and a physical fight happens you are going to have injuries. HE dictated the outcome not the officer or staff. Candace you should be ashamed of yourself. No you can't control how your son acts 24-7. But how you react will set the tone for the rest of his life. You have set the tone that he doesn't have to take responsiblity because he is sick with this so called disorder. Enjoy your trips to the state pen to visit him. Because he can do whatever he wants because it's not his fault (he's sick you know).
Father of
May 11, 2008 8:27 AM
To Students Parent:

As a parent I am assuming that you have not enocountered any abuse from anyone at the Beatrice High School, so I am going to go with my instincts on this one you have a name for yourself in the great town of Beatrice. I am sure if this happened to your child you probably would think a little different. I would also like to ask how do you know this child and what makes you a better person than the family that was victimized by your oh so great law enforcement. I would also like to mention that this is not the first time that Beatrice Police Department has used excessive use of force.
Father of
May 11, 2008 8:35 AM
To AM again:

You are quoting the newspaper were you at the school when this happened? Do you know this boy? As far as your comment for respect, what is it when your local law enforcement assaults a young kid? Is that respect? Keep in mind that police officers are trained to use proper techniques for any situation and if they are not they should be obviously. I worked in a maximum security prison on death row the inmates don't even get that kind of treatment. So until it happens to your child or you were there I would ask that you be a little more open minded.
Father of
May 11, 2008 8:39 AM
To Suspense

If investigation is what you call this I am assuming that if your child was assaulted by an officer and that officer was investigated by the local police department you would be alright with that. There is a reason why internal affairs exist.
Father of
May 11, 2008 8:53 AM
To Rob

I beleive that the tape probably will not show you anything you want to see, just for the simple fact that the bases will be covered by the local law enforcement and school administration to cover up what they have done. I think that if they are not in the wrong, and the officer has been cleared of any wrong doing the public should be able to view the tape.
Stop Child Abuse
May 11, 2008 9:34 AM
This is for AM and those that think like him!

Signs and symptoms
It may be tough at times to recognize the difference between a strong-willed or emotional child and one with oppositional defiant disorder. Certainly there's a range between the normal independence-seeking behavior of children and oppositional defiant disorder. It's normal to exhibit oppositional behaviors at certain stages of a child's development.

However, your child's issue may be oppositional defiant disorder if your child's oppositional behaviors:

Are persistent
Have lasted at least six months
Are clearly disruptive to the family and home or school environment
The following are behaviors associated with ODD:

Negativity
Defiance
Disobedience
Hostility directed toward authority figures
These behaviors might cause your child to regularly and consistently show these symptoms:

Frequent temper tantrums
Argumentativeness with adults
Refusal to comply with adult requests or rules
Deliberate annoyance of other people
Blaming others for mistakes or misbehavior
Acting touchy and easily annoyed
Anger and resentment
Spiteful or vindictive behavior
Aggressiveness toward peers
Difficulty maintaining friendships
Academic problems
Related mental health issues
Oppositional defiant disorder often occurs along with other behavioral or mental health problems such as attention-deficit/hyperactivity disorder (ADHD), anxiety or depression. The symptoms of ODD may be difficult to distinguish from those of other behavioral or mental health problems.

It's important to diagnose and treat any co-occurring illnesses because they can create or worsen irritability and defiance if left untreated. Additionally, it's important to identify and treat any related substance abuse and dependence. Substance abuse and dependence in children or adolescents is often associated with irritability and changes in the child or adolescent's usual personality.

Causes
There's no clear cause underpinning oppositional defiant disorder. (2) Contributing causes may include:

The child's inherent temperament
The family's response to the child's style
A genetic component that when coupled with certain environmental conditions — such as lack of supervision, poor quality child care or family instability — increases the risk of ODD
A biochemical or neurological factor
The child's perception that he or she isn't getting enough of the parent's time and attention
tim
May 12, 2008 12:17 PM
Lunchbox: where have you been hiding...the school system stinks and the police force stinks. If you want to get away with anything in this town, you can. come out anynight and there is speeding (50+mph) in residential areas (where police reside at). Look in the crime report anytime in the daily sun. there is never any tickets given for disturbing the pease. Oh yeah, I really enjoy my windows rattling everynight at lam, (even though I didn't buy a ticket to their concert) The schools only care if you have a special last name.
Martha
May 12, 2008 1:46 PM
In response to the opinion of Student parent all I have to say is wait it could very well happen to yours. If you think it couldn't wake up and smell the coffee. What planet are you from. But as for our great Beatrice Police Dept. Once again I'm so proud of them, although they haven't been able to find the poor missing mother and wife, they have no trouble finding a cup of coffee and donut. Or a 15 year old to show them how tough they are. And to whoever decides if this should be posted, show a comment that doesn't rub the cops tummy and and feed them warm milk and cookies. I think we need some Steve Wilkos justice here, not alot of covering someones behind.
JD
May 12, 2008 11:54 PM
What a bunch of childish remarks towards all the posters on here. Maybe it's the fault of them all. The child at school, the parent, BPD, and BHS.
sa
May 13, 2008 9:11 AM
it happened, its over, so let it rest already
martha
May 13, 2008 12:38 PM
This is in response to whom ever it is that sets the terms and standards for opinions to appear. I'm still waiting to see my comment to be shown on the computer along with all the ones that support this beating of a 15 year old "BOY". What has happen to FREEDOM OF SPEACH. If it would help any I'm the person that directed my opinion to the person signed Students parent. I would most appriciate seeing both of my comments on the screen. I've used no fowl language or I've not degraded any person that I'm aware of as some of the other opinions that were printed did. In my opinion Mrs. Blakemore has been brow beaten severely and without justification were any of you there as a witness or are you just going by the one sided stories in the newspaper.
CS
May 13, 2008 1:31 PM
Behold, the barracks lawyer appears. What was typed, Diane, has absolutely 0 admissibility in court. My opinion of a gym teacher as "someone I wouldn't want to mess with" means absolutely nothing-it is an opinion considered from a subjective bias. Oppositional Defiance disorder is right up there with ADD and ADHD-and ive been said to have both. It's great for holding over some kid when the school doesn't want to deal with them, but really, medically, its pretty flimsy, and I can find just as many or more studies and doctors that say it doesn't exist. If the mother is defending this, rather than being mortified by the fact that her 'little darling' has no respect for rules, authority, and no self discipline, then she is to blame and should be charged right along with the kid.
derrrr
May 13, 2008 5:12 PM
dear SA, are you kidding? let it rest? This is a major incident in our community! Its about time we got talking about something important in this town besides the latest Quilting EE!!!
Nate
May 13, 2008 9:19 PM
I am not at all suprised that mom is considering legal action. She smells money and probably doesn't have insurance. I am proud that the Officer acted in accordance with his training and protected the staff and students from his little worms antics. He is lucky he didn't pull that kind of stuff in a bigger town, he would have probably got hurt a little worse. Oh, P.S. Mom resisting arrest is a crime so is failure to comply with a police officer acting in accordance with his authority. Good luck on the lawsuit, hope you get laughed out of court.
Concerned Citizen
May 14, 2008 6:22 AM
Martha, The young man in question did not use FREEDOM OF SPEECH (noticed how it is to be spelled) in this case. He was told not to re-enter a building with his volatile demeanor, but he chose to BREAK THE RULES instead, and he was arrested for his lack of respect for the rules and the law. Was I there? No...I was at my job, but my child was there, so I am not going on the word of the newspapers or people like you who also were not there. I too have used no FOWL language....but then again, I am not a bird. As far as Candice Wilcox-Blakemore being brow-beaten ont his forum...she brought this on when she wanted to sue over her own son's misdeeds.
amazed
May 14, 2008 1:30 PM
I am amazed at the closed minds of many people responding to these comments. No one truly knows the situation. I assume most do not know the child who sustained injuries. The bottom line is what is society planning to do to raise successful, healthy children that don't suffer from ADHD, ODD and other pyschosis. The children are our future. I appreciate school officials and police force. However, was the sustained force necessary? What does this tell children? That issues can be settled by injury? I would ask all commentors to stop and evaluate what type of messages they are sending by wanting to "blame" someone, whether it is the child, parent or school officials. Jay is still a child, what is being done for him?
BIG GROWN MEN -R DUMB
May 15, 2008 8:59 PM
humm, Here's a thought! ......Your child is at the babysitters....and he hits another kid. The sitter rushes in see's a child crying and without getting the truth, or answers on what just happened she beats the boy that mad the other child cry....now..... if the boy was your son...*the one that hit* would you agree with the beating your child just got?? or what if they shook your child so hard that he died...would you say it is ok...he deserved it..or would you say that the sitter was using alot of force?

I know that at BSCD YOU! cant treat them folks like that...! the way this officer and school people acted and then for some dumb people that saw it happen, stood by and watched..and would rather do..say nothing in fear of losing her job....what a SHAME!! Child ABUSE IS ABUSE! NO MATTER WHAT THE CHILD DID....

oh yeah...also, maybe it would have a diffrent swing on things if he had a gun and was going to hurt others..all the boy wanted was to go in and call his mom and get his things....which he was told he could do! so if the COP would of Stood by what he said NONE of this should of happened...and then the cop needs help!! to put a young thin,skinny boy..in order! he has to call and man that is HUGE!!! like 4 times the boys weight!! and 2 other grown men to take this boy down! hummmm 4 ground men against! one skinny boy!! maybe this cop needs to get another type of work or go to the YMCA to get a bit more buff!
NO MATTER WHAT HAPPENED...IT WAS NOT RIGHT TO HAVE 4 GROWN MEN, WEIGHING MORE THEN 600 POUNDS ON TOP OF A BOY WEIGHING 100-120 POUNDS!!! the men at that school need to be fired and the big ole boy needs to lose some weight before he tackles a boy! i hope it made them all feel like MEN! cause they beat the crap out of a thin young man! and they never have checked on him to see if he was ok...so really if this was your child...would you still think it was ok....i know if a 500 man landed on my kid I wouldnt be sitting still either..and the cop needs to do more training! on how to get someone down without having to have 3 more grown men to get him down...SHAME ON ALL YOU BIG BULLIES! GET A LIFE..A NEW JOB!!! CUZ YOU ARE CRAZY AND OUT OF YOUR MIND!!!
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