The choice to use excessive force against a black man while serving an arrest warrant resulted in the man's unfortunate death.
The incident took place in October 2017 when police wrestled 44-year-old Armando Frank off a tractor at Walmart. According to The Advocate, Frank was being arrested on a warrant for minor charges stemming from a dispute with his neighbor. Criminal justice experts reviewed video footage obtained by the publication. They say the sheriff's deputies involved in Frank’s death “needlessly escalated” the confrontation with too much force and could be liable for negligence for failing to administer aid to Frank once he appeared to become unconscious.
“His level of resistance starts out as passive. It doesn’t go to active and aggressive until he’s physically assaulted by these deputies," said Gregory Gilbertson, director of the criminal justice program at Centralia College in Centralia, Washington.
In the video, the two sheriff’s deputies, identified as Brandon Spillman and Alexander Daniel, along with Marksville Police officer Kenneth Parnell, are seen trying to force Frank from his tractor. They told him there’s a warrant out for his arrest. Frank then asked to see the order and who signed it. The police told him they don’t have it with them, but they can show it to him at the police station.
When Frank refused to leave his tractor without seeing a warrant, he was placed in a chokehold from behind. The officer with the body camera began tazing him. When the officer recording the scene got close to Frank, his shallow breaths were audible.
“There’s no exigent circumstance here,” Gilbertson told The Advocate. “He’s not attempting to flee, he’s not assaulting anybody, he’s sitting on a tractor and he’s asking reasonable questions they are refusing to answer.”
Gilbertson explained the lateral vascular neck restraint, the name of the chokehold used to restrain Frank, is typically a last resort. Its potential to restrict airflow is typical when deadly force is the only option.
Cops who kill unarmed civilians should be held accountable.
No one should be above the law.#ArmandoFrank
https://t.co/LnV0fBs95F— Francois X (@PeoplevsDonald) August 3, 2018
This case has not received the national attention it should. Armando Frank was black, unarmed and died after being choked to death by officers serving a warrant for trespassing. The video is horrifying. https://t.co/ILmbN3pDua
— John Carpenter (@JKCTweet) August 2, 2018
Despite video evidence, some are still arguing that Frank's health is the cause of his death, not his interaction with the officers. Sound familiar? District Attorney Charles Riddle claims Frank would probably still be alive "had he not resisted" and not suffered from other health problems, according to The Advocate. He would probably be alive if he weren't choked out either.
Frank's last verbal communication were the words "let me up" in a strained voice said three times. His request to be let up was met with little concern. It's hard to understand how someone could say that's not the reason for his death.
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