Darcy Layton was pleasantly surprised with a free sweater and fruit from her local convenience store—but what she didn’t know was that a more sinister surprise was awaiting her outdoors. Without explanation, local police confronted Layton and ordered her to show ID. Police body camera footage reveals the officer got physical when Layton was slow to give her full name, and arrested her under questionable pretenses. Suddenly facing charges, Latyon was hit with another shock from police: if she did not accept a guilty plea, she would be involuntarily committed to psychiatric hospitalization. Taya Graham and Stephen Janis of the Police Accountability Report investigate the case and examine how it reveals the role of police in enforcing social boundaries by criminalizing mental illness and homelessness.
Production: Stephen Janis, Taya Graham
Post-Production: Stephen Janis, Adam Coley
Transcript
The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.
Taya Graham:
Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose. Holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible.
And today, we will achieve that goal by showing you this video of a cop making an inexplicable arrest of a woman who was simply standing on a public sidewalk. A questionable use of power to detain and cage a person who had not committed a crime. But it’s an arrest which reveals the destructive consequences of over-policing and why cops need to be watched at all times. But first, I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you.
You can email us tips privately at par@therealnews.com and share your evidence of police misconduct and please share and like and comment. It really helps us and it can even help our guests and you know I read your comments and appreciate them. And please consider joining our channel and if you click that blue fundraising button over here, you can make a huge difference to help keep us going. If you donate $75 or more or become a $10 a month supporter, you’ll receive an exclusive Real News T-shirt as a special thank you so please consider helping us. You never see ads here and you know we don’t take corporate dollars.
All right, we’ve gotten that out of the way. Now, as we reported on the show repeatedly over and over again, police power is often used in situations that do not justify it, but in fact call for entirely different solutions. There are incidents where people simply need the help of another human being, not a gun, a badge or a set of handcuffs and no use of police power is more indicative of our penchant for applying it to the wrong situations than the video I’m showing you now.
It depicts an encounter between Darcy Layton and an Ogden, Utah police officer that ended with horrible consequences for her and questions about how the department treats people in need at their most vulnerable moments. The story starts in Ogden, Utah in April 2023. There, Darcy Layton is experiencing what she’ll tell us later was a moment of personal crisis. Not violent, as you will see, or even alarming. She’s just dealing with the consequences of her tenuous housing situation and she’s struggling with the stress of it. She happened at the same time to be standing on a street outside of a 7-Eleven, which is a fact that will be important later. That’s when an Ogden police officer drove to confront her for reasons that remain unknown. Take a listen.
Ogden, Utah Police Officer:
Hey, excuse me. Hey.
Darcy Layton:
Hi.
Ogden, Utah Police Officer:
Hi. What’s your name?
Darcy Layton:
I’m sorry, I was kind of praying to God for a minute.
Ogden, Utah Police Officer:
Okay, no, that’s fine. It’s just the people at 7-Eleven don’t want you here so can I get your name?
Darcy Layton:
Oh, they didn’t tell me that [inaudible 00:03:01] been in there.
Ogden, Utah Police Officer:
Okay, well what’s your name? What’s your name? Hey, stop. Stop.
Taya Graham:
Now, you will notice as the officer exits the vehicle, Darcy was clearly standing on a public sidewalk, not on the property of a 7-Eleven. And as is her right, since the officer had not expressed reasonable, articulate suspicion that she had committed a crime, she had declined to identify herself and simply exercise her right and walk away, but the officer decided to pursue. Take a look.
Ogden, Utah Police Officer:
Hey, what’s your name ma’am? Ma’am, what’s your name?
Darcy Layton:
I’m okay. I just would go for a walk, I’m okay.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I didn’t shop with [inaudible 00:03:51].
Ogden, Utah Police Officer:
Okay, what’s your name?
Darcy Layton:
I’m going to go. I’m fine. I haven’t done anything wrong.
Ogden, Utah Police Officer:
You’re not leaving.
Darcy Layton:
I’m fine.
Ogden, Utah Police Officer:
You’re trespassing. They want you out of here.
Darcy Layton:
I am walking off the, wait, wait. I’m not trespassing. I’m on public road.
Taya Graham:
First of all, the officer has not established that she has committed a crime. Yes, as you heard, he accused her of trespassing. But given that she seems far removed from the actual property of the 7-Eleven, that is at best, a questionable allegation. Still, without any evidence of intent of a crime, he continues to try to detain her – watch.
Ogden, Utah Police Officer:
Come back to my car.
Darcy Layton:
I was on a public road.
Ogden, Utah Police Officer:
Come back to my car.
Darcy Layton:
Public road, public road.
Ogden, Utah Police Officer:
Come, stop.
Darcy Layton:
Let me go.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
What the you fuck [inaudible 00:04:30].
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fuck, fucking God. Oh my God.
Ogden, Utah Police Officer:
Stop.
Taya Graham:
Okay, so for some reason that I cannot conceivably justify legally he puts his hands on her and I will note at the time this occurred, she was not threatening anyone and she was in the process of leaving the area, as I will repeat, is her right. Therefore, the question at this point is why did the officer put his hands on her? What exactly is the crime? Take a look for yourself and decide if this use of force is justified.
Darcy Layton:
[inaudible 00:05:03].
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking stop, fucking God. Oh my God.
Ogden, Utah Police Officer:
If you don’t stop.
Darcy Layton:
Fucking hell.
Ogden, Utah Police Officer:
Get the fuck off [inaudible 00:05:17].
Darcy Layton:
Rick, you got a PP.
Ogden, Utah Police Officer:
Hey, don’t feel my leg.
Darcy Layton:
Rick you got a PP. God, damn you.
Taya Graham:
Before I weigh in on the legality of this arrest or what the law entitles the officer to do, at this point I want you to take a look at something that we see quite often when watching police body cameras, but rarely discuss, the way the officer initiates pain compliance. Now you can see how the officer bends her arm up into her arm socket. This is an extremely painful maneuver that can have lasting physical effects. Just recall our last show when Eddie Holguin was still suffering from the ongoing nerve pain of a previous arrest when the police arrested him again and caused pain in the same arm. Still, despite the risks, along with the obvious fact, Darcy is hardly a physically formidable detainee, the officer continues to press her arm up and into her shoulder, see for yourself.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking hell.
Ogden, Utah Police Officer:
Get the fuck off [inaudible 00:05:17].
Darcy Layton:
Rick, you got a PP.
Ogden, Utah Police Officer:
Hey, don’t feel my leg.
Darcy Layton:
Rick you got a PP. God, damn you. [inaudible 00:06:44] Fucking bullshit [inaudible 00:06:44]. God damn.
Ogden, Utah Police Officer:
Okay, give me your other arm. Give me your other arm.
Taya Graham:
Now, I really want you to think about what you’re seeing here. A woman pressed into the ground on the wet sidewalk, her arm dangerously pushed up into her back and is facing this physical duress for doing what exactly? What was the crime here? What was the threat to the public safety? A couple of 7-Eleven employees didn’t like her. Is that how we justify the use of force? Let’s just listen and see if the officer shares the particulars of the crime upon which he bases his use of force.
Darcy Layton:
Fuck.
Ogden, Utah Police Officer:
You’re being ridiculous.
Darcy Layton:
Don’t you dare, mother fucker. Fuck, your mother.
Ogden, Utah Police Officer:
Sit up.
Darcy Layton:
It’s okay, fucking your mother.
Ogden, Utah Police Officer:
Sit up.
Darcy Layton:
If you’re okay with fucking your mother. Fuck you, bullshit, [inaudible 00:07:36].
Ogden, Utah Police Officer:
Please stand up.
Darcy Layton:
Fuck Eddie. God damn it. Fucking, what is your problem?
Ogden, Utah Police Officer:
Come on.
Darcy Layton:
What did I do?
Ogden, Utah Police Officer:
Put your shoes on.
Darcy Layton:
What did I do?
Ogden, Utah Police Officer:
Let’s go.
Darcy Layton:
What did I do, please? What did I fucking do? You, God damn it.
Ogden, Utah Police Officer:
What did I do? What crime had I committed? A fairly simple question and yet the officer does not answer it. Now, instead, he ridicules Darcy and continues to implement pain compliance, a situation that only gets worse as he forces her into the patrol car all the while maintaining his silence about her alleged crime.
Darcy Layton:
Please, what did I fucking do? You God damn it.
Ogden, Utah Police Officer:
Stop. Stop. Do you have anything on you shouldn’t have? What’s your name? Huh? What’s your name? I’m going to add another charge.
Darcy Layton:
I’m sorry please be nice.
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Fucking bullshit.
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Please be nice. Who are you?
Ogden, Utah Police Officer:
Police, get in.
Darcy Layton:
Please, who are you?
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Who are you?
Ogden, Utah Police Officer:
Get in. Get in please. Can you put your feet in the car please?
Taya Graham:
I’m going to add another charge. Well, that’s interesting. For what exactly? Because you can’t have a secondary offense without an underlying crime to justify it, right, officer? So what exactly is the first offense that justifies the second? Because as far as I can tell you never really made clear what the initial reason for the arrest is. And let me say this as well, this particular arrest up until this point embodies many of the problems people endure when they push back on the state of law enforcement in this country.
This is why people don’t trust the police because so far the officer has been less than forthcoming about his justification for this violent arrest, and yet he has been more than articulate about his disdain for Darcy, which incidentally, is not a crime. In other words, you can’t arrest people that you don’t like. But still the officer persists and continues to refuse to answer questions. Just watch.
Ogden, Utah Police Officer:
Get in, please. Can you put your feet in the car please? It’s soaking [inaudible 00:09:57].
Darcy Layton:
I’m very hot.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I’m sorry.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
Ah.
Ogden, Utah Police Officer:
Huh? What is your name? What’s your name?
Darcy Layton:
I don’t know.
Ogden, Utah Police Officer:
Huh?
Darcy Layton:
I’m sorry.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I just kind of daydreaming for a minute.
Ogden, Utah Police Officer:
Okay. What’s your name?
Darcy Layton:
I don’t know. I don’t remember. [inaudible 00:10:23]
Taya Graham:
But now perhaps the officer realizes that he has made an arrest for no good reason so he starts to make an accusation on body camera, the one that seems problematic, if not impossible. Take a look.
Darcy Layton:
I’m sorry I fucking [inaudible 00:10:39] myself I didn’t mean to you.
Ogden, Utah Police Officer:
Lean your up a little bit.
Darcy Layton:
Am I dead?
Ogden, Utah Police Officer:
Why did you scratch me? Did you bite me?
Darcy Layton:
They drowning me in the fucking hole.
Taya Graham:
Did you bite me, seriously? This is what we like to call body worn camera performance. You know, I don’t have reasonable articulable suspicion or probable cause to make an arrest, but what I do have is the ability to perform my own version of stop resisting on body worn camera to justify any actions that might not meet the actual legal threshold for putting someone in handcuffs. Now, I’m not going to review the entire video, but here are a few excerpts and you tell me when and where she had the opportunity or inclination to bite the officer. Let’s watch.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
What the fuck.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking, fuck. What the hell?
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking dick.
Taya Graham:
So I, for one, didn’t see it and if you did, please leave a comment sharing where you did if you do indeed think she tried to harm the officer. But for the record, the bite may have been literally impossible because as Darcy shared with me later, she didn’t have her dentures in. But in the meantime, there is much to reveal about what led up to the arrest and the way police in Ogden, Utah have been aggressively targeting members of the community that we will unpack for you when we speak to Darcy and her boyfriend, Eddie Clegg, details, which only make the circumstances surrounding this example of over-policing even more questionable. But first, I’m joined by my reporting partner, Stephen Janis, who’s been reaching out to the police and examining the evidence. Stephen, thank you so much for joining me.
Stephen Janis:
Tay, thanks for having me, I appreciate it.
Taya Graham:
So Stephen, how are police justifying the arrest? What crime did Darcy commit?
Stephen Janis:
Well, I looked at the charging documents. We obtained them from the police department. Pretty simple. They charged her with some very questionable crimes that don’t seem to match the body-worn camera, namely trespassing and then interfering. But of course interfering would be a secondary offense to trespassing. And if you look at the video, you could see that she’s clearly on the sidewalk, I think, although the snow is covering, but not on the property.
But what they did because of those charges is that they had her plead guilty to the trespassing, threatening to charge her with that other bogus charge, which is injuring a police officer, which again, on video clearly contradicts what the officer was saying. So really it’s an example of law enforcement using their powers, to strong-arm someone into giving up their rights.
Taya Graham:
Okay, so wait, you’re saying Ogden, Utah prosecutors actually threatened her with charges of assaulting an officer. What was the plea offer and what eventually happened?
Stephen Janis:
Yeah, I mean Tay, it’s amazing. What they use is that very, I think questionable charge of trespassing to then intimidate her and saying that she was going to have to plead guilty of something that clearly wasn’t on body-worn camera, which just shows you how ridiculously ill-equipped I would say, our justice system is to defend people who can’t afford a high-priced lawyer. I’m sure if she had an expensive lawyer, that case would’ve been tossed in a second, but instead she ended up spending time in jail having plead guilty to a crime she didn’t commit.
Taya Graham:
Stephen, it seems to me that police are targeting this area’s unhoused population. What does this use of police power say about the underlying imperative of it and how does this jive with some of the theories of police power and its role in capitalism?
Stephen Janis:
Well, Tay, let me go back to what I just said. Let’s do a little thought experience. Imagine if all these unhoused people had expensive lawyers who could fight back and question the police, question the charges, question the legality, put officers on the stand and put the legal system on the stand as well. Let’s imagine what would happen. Do you think they’d be harassing these people? Do you think they’d be arresting them and pulling them in for charges they didn’t commit? Do you think so? I don’t think so. And that just shows you that our justice system is for sale and it goes to the highest bidder and that’s the problem we see here. People don’t have a way to defend themselves. They don’t have access to the same services that rich people do. And so police mess with them. That’s all this is. That’s what it is.
Taya Graham:
And now to talk about their encounters with police prior to the arrest we just watched and how law enforcement continues to harass them, I’m joined by Darcy Layton and her boyfriend, Eddie Clegg. Darcy and Eddie, thank you so much for joining us.
Darcy Layton:
Thank you Taya for having me.
Taya Graham:
So first, what were you at the convenience store before you were grabbed by police?
Darcy Layton:
I had gone for a walk but forgot my ID, my wallet and keys and I had somebody mail it to me, that was mailed to my address and I was just kind of asking if anybody knew where they might’ve moved to because I’d been living there for three years already in my apartment and still receiving mail to this person. Yeah, so I was just taking a break from my house for a minute. I was getting ready to head back home and somebody offered to buy me a drink. I wasn’t panhandling by any means, but it was cold and raining so somebody offered me, they put a jacket on me and offered to buy me a drink and they bought me some bananas and that’s why I was there.
Taya Graham:
An officer approached you but did not seem to explain why you were being stopped or detained or articulate any kind of reasonable suspicion. Did the officer ever explain to you what your crime was?
Darcy Layton:
I wasn’t catching on, I’m hard of hearing in my left ear and he approached me from my left side and at the time I was saying a prayer and I even mentioned that to him and then he said, “Stop.” So I thought he meant stop praying. But I couldn’t see him. I had been offered a ride home by two people in two white cars and thought it was one of them coming back to offer me a ride again. So I didn’t look. I just kept my eyes closed, praying still when he said to stop. At some point after I saw the video, but I didn’t hear it while I was standing there because of the deafness in my left ear, after they finally released the video over a year later to me, that’s when I heard him say that the store didn’t want me there, but I was already off the property.
Taya Graham:
The officer appeared to be strongly twisting your arm behind your back and then put you face down on the wet sidewalk. Was any reason given for using these pain compliance techniques or even for cuffing you?
Darcy Layton:
There was nothing given to me, nothing I heard at all. He basically told me that I wasn’t wanted on the property, they wanted me to leave, so I was walking away from the property. I was already off the property. I started to walk away when he said, “Stop.” And so I continued on my way By then I was on the public road, which is not their property anyway.
Taya Graham:
Did the officers identify themselves or give you any information?
Darcy Layton:
No, they didn’t and would not, I asked them repeatedly afterwards. Even at that point, who are they? Who are you and what’s going on? What did I do? And they would not respond to me and give me an answer whatsoever so I was uncertain of them even being official officers at all. Whatever happened to a rights to remain silent because they never even said anything about that. And so I was just remaining silent and then I felt like I must’ve been so confused because I didn’t realize, know what was going on because they wouldn’t give me any information whatsoever about who they were even when I asked who they were. So I didn’t feel comfortable giving them information about who I was because I’d heard on TV or on the news to make sure that if you don’t trust that they are true officers, to call 911 and go to a store or somewhere where there’s more people and get some real officers on board before contacting or telling them anything. So I didn’t feel I was doing anything wrong here by not giving them my name at first, but I did give them my first name, but it’s not in the video.
Taya Graham:
Darcy, were you injured during the encounter? It looked very painful.
Darcy Layton:
Yeah. Well I also have previous injuries in my lower back, a slipping disc. It is slipping. There’s no fluid in my, between L-4 and L-5. It just, it’s completely gone so it’s bone on bone already. They were putting their knee in my back pushing so hard that I lost control of my bladder with all their weight on top of me and up in my cervical C-spine now and my neck also with more damage as well. It was hurting pretty bad. Yes, that’s why I was swearing so much. Definitely causing me pain.
Taya Graham:
So the part with multiple officers being on top of you wasn’t shown in the body camera video we have because that body cam was not available because of the cost, right?
Darcy Layton:
Because I am on SSI for disabilities that I have and I only get, well right now, back then it was just a little over $900 a month. I had been going to that store at least three times a week every month for three years. But the income level is not high enough to retain that. They want $2,000 for the entire footage. So after asking for over a year and getting the run around of nothing coming back to us, they finally released seven minutes of the video to me just last week or week before. So yeah, I had nothing to go on yet, but they still want $2,000 for the entirety of it. And on SSI you’re not allowed to have anything more than $2,000 at a time on hand so how would I survive?
Taya Graham:
If there were three officers present and one of them was on top of you, I have a feeling, and now this is just speculation that the body camera video probably looked pretty bad to have three officers on top of one woman and perhaps they don’t want the world to see that.
Darcy Layton:
I was face down so it was hard for me to see anything. But when they first pulled me up, I was totally soaked because they had me down in the gutter with a lot of water coming down. Then they were giving me a hard time. They were saying, “Okay, miss no name.” And then they said, “Come on [inaudible 00:19:57]” I mean I’m white, I’m as white as they come and I also read part of his police report and it said he was working overtime and I don’t see crime in the area being necessity for any cop to work overtime in the area. Generally, it’s a pretty calm town.
Taya Graham:
I have seen officers make double their salary with overtime in Baltimore, so I know it’s a precious commodity. What were you charged with and how long were you in jail?
Darcy Layton:
It was like interfering with arresting officer and failure to disclose information and then they were trying to say that I assaulted the officer and I bit the officer and I scratched the officer. However, I was face down with my arm behind my back the whole time. I don’t see how any of that could have possibly happened and I had no teeth. So yeah, my dentures do not fit right. I choke when I try to eat with food so I don’t even wear them at all, but I’m cool with that. It’s fine.
Taya Graham:
Now, something I noted during the body cam video was the officer started pointing at his arm with his smartwatch and suggested that maybe you had bitten him or was that even possible or was it likely he reddened his own arm while cuffing you? I mean you didn’t even have your dentures in, right?
Darcy Layton:
Oh yeah and face down like I was, I thought they were going to drown me right there on the spot in the gutter with so much water coming down and then as much pressure as they applied to me with their knee in my back and I could not hold my bladder whatsoever, like I was getting ran over almost by car. It was stupid. And then I believe, they don’t really have calendars in the jail anyway. They don’t treat you very well here in Ogden in the jail. I believe it was like nine days that I stayed there in the jail before they let me out with no medication. I’m schizophrenic, I got Alzheimer’s or not Alzheimer’s, sorry, what is that called? Parkinson’s like movements and Parkinson’s going on, early stages, but I did not get a single visit from a nurse of any kind.
Also, I did read their written report down at the police station. Just recently, they finally allowed me to see that. He stated that I had said my head hurt, which I never did. They said that they brought a paramedic down there to have me checked out before he brought me to jail. It never happened. There was never a paramedic brought by and the whole time I was there for nine days in jail, zero medications brought to me for my conditions.
Taya Graham:
Darcy, that’s awful you didn’t receive your medications while you were in jail. How are you feeling right now though? I mean how are you processing this? What you describe is really awful.
Darcy Layton:
I have a real hard time being around the officers. Eddie likes to play these videos trying to get them to, he’s just wanting to learn as much as he can about police brutality and them making them do things better and be accountable for their actions and I am stressed out post-traumatic stress disorder and I have to keep getting out the vehicle because he keeps planning so much he doesn’t understand how it causes me stress and I have to go for a walk to get away from it. But I’m having some serious issues. I went and spoke with a therapist just yesterday and it makes me shake. I mean I’m dealing with it, I’m working on it, not letting it bring me down like it was. But yeah, I had some serious, serious issues there and I’m going to get through it though. But yeah, I don’t trust them.
Taya Graham:
So you told us that you’re homeless right now living out of your truck with Eddie. Have the police offered you any help?
Darcy Layton:
In a truck right now that’s just what we do. Most of them have been a hindrance. We’ve run into a couple of real good ones though that are very helpful. We’ve even had them come to a court hearing just to be there for support with us, a couple months back. She was a really nice lady. She did show up because I was having some real uncomfortable feelings about going around police officers and feeling safe at all and triggering my post-traumatic stress disorder coming in and she showed up and she’s very cool.
Eddie Clegg:
She’s an advocate.
Darcy Layton:
An advocate. And she even gathered us up some clothes and stuff and a pill medication holder to help me with my medication because I could lose them sometimes in here and sometimes I forget or I’ll fall asleep before I take my nighttime ones. Not purposely, I just check out though. So yeah, it was good to find at least one out there.
Taya Graham:
How did the police generally treat homeless people in the area? Now you’re living out of a truck and at the time of arrest Darcy, you actually still had an apartment. How do police handle homeless people and do they offer any support services?
Darcy Layton:
At the time of the 7-Eleven incident when I was tackled by the officer or yeah, I was living in an apartment. I had been there for a year and I had just come out on a rainy day with no makeup on and looked like a wet cat already so when I was put into the jail, they were treating me as if I was homeless and the judge even said, or the representative even said, “Well what are we going to do for her address? Where do we send the information?” Because they automatically assumed I was homeless and didn’t even ask me so I don’t know. They have harassed people on Washington Boulevard just because they’re homeless. They stop them and check their bags. One, the other day had just barely gotten released from jail. I don’t know what from, but Eddie got out to record, to make sure he wasn’t bothering him. This guy’s frail and shaky, he’s not doing anything wrong.
Eddie Clegg:
Just got out of jail.
Darcy Layton:
He’s got his backpack and his belongings, whatever he can carry and you can’t carry hardly anything. You need more things with you than you can carry already, but he’s not doing anything wrong. He’s minding his own business and this guy is messing with him. He picked it up and got out of the vehicle, pulled over the side of the road, got out and started to film, record the guy.
Eddie Clegg:
I watched him go through his backpack. The guy’s telling me somebody stole my wallet, I don’t have any ID, but I got my paperwork. I just got out of jail. He didn’t care about the paperwork, he wasn’t trying to find out who he was.
Darcy Layton:
And they give camping tickets to people who are laying out on the parks they don’t let you be at the shelter property during the day.
Eddie Clegg:
And he found a beer bottle in the backpack, so he went to his car and he was going to write him up. I know he was. But he hadn’t seen me yet. Talking to the guy, I got it on video and he was telling me, “Yeah, I tried to tell him that I had ID in here, show my paperwork but he didn’t want to see it.” And then when he seen me recording, he got out of his car, he went back over and says, “Well, I’m not going to charge you with anything, you’re free to go.” And he actually zipped his backpack back up. He zipped it back up and they don’t do that. So he knew he was doing something wrong and I was so happy that he did that. I told him that pretty cool of him to zip your backpack up and let you go and I gave the guy $20 and said, “Things are looking up for you, hang in there.”
Taya Graham:
How do you think the police should have handled this encounter? I mean you were off 7-Eleven property when they approached. I mean how do you think this could have been handled differently?
Darcy Layton:
Well, afterwards when I finally, like a year later, by the time they finally let me see the real video, they should have called for probably paramedics or took me to the hospital because knowing, I took some college courses myself in physiology and psychology and all that. I know, based on watching the video that I needed to go get checked by a doctor mentally because I was a little out there that day because of the schizophrenia, but I still was not doing anything wrong and he is the one who needed to be checked out, not really me.
Eddie Clegg:
So yeah, he had no right, he wasn’t called there. They didn’t tell her to leave. They would’ve told her.
Darcy Layton:
Rogue. He’d gone rogue.
Eddie Clegg:
Yeah, he told her they didn’t want her on property, she started to leave, he should have let it go with that.
Darcy Layton:
Because that’s what he told me. Basically, they don’t want you here, they want you to leave. And so I started to leave as he told me and then he grabbed me for no God damn reason.
Taya Graham:
I think it’s so important for people to understand how people who are on hard times are treated in your area and how an arrest can really alter the course of someone’s life. Thank you. Darcy and Eddie.
Now, as with many of the police encounters we unpack on this show, there is always more to comprehend than just the questionable actions of an overly aggressive cop, motives and imperatives so to speak, that need to be fully understood so that we can get to the root cause of what makes such questionable police behavior possible. Now, one aspect of police power we witnessed in this arrest that is critical to the broader mission of law enforcement is how the officer was able to control space. In other words, as you watch the arrest, you notice the officer has the ability to set arbitrary boundaries and use them to put it mildly to entrap Darcy.
Now when I say entrap, I use that word for a reason because as you witnessed on the video, the officer didn’t care about what was a public sidewalk versus what was private property and he wasn’t the least bit interested in what constituted a public roadway versus what was the private purview of the 7-Eleven, the nuances of space were not of concern, instead, he became the arbiter of it. While this fact may seem trivial, it is not because all of the consequences of policing that we have covered on this show, this arbitrary control of space, is the most essential aspect of what makes excessive law enforcement a threat to our civil liberties. It is the malleable ability to deem a person occupying space to be illegal that gives cops one of the most severe holds over our lives. I mean, think about it. There’s a reason the right to peaceably assemble is part of the First Amendment, not the 10th.
There is an important underlying intention to forcefully stating that the people have the right to redress their government in public space that goes beyond the legal text and into the realm of the truly profound. And what makes it profound is that in effect, those several dozen words preclude just the sort of policing we witnessed in that video. It should at least in theory, make it impossible for an officer to simply determine that anyone standing anywhere could be construed as a criminal simply because they say it is so. Now, imagine for a moment if those words did not exist, imagine for just a second what police could do if the text of the First Amendment had somehow been different. Well, in a sense we live in that reality because as Stephen just told us police had the power to intimidate. Ms. Layton pleaded guilty despite the fact she did not commit a crime.
Cops could literally fashion a crime that does not legally exist just to deny Darcy her right to peaceably assemble. It’s hard to see this type of policing as anything but punishing someone for simply appearing to be homeless. This is a specific expansion of police power that has come under scrutiny by an innovative thinker who is warned the consequences of allowing it to grow unchecked. His name is Mark Neocleous and he is the author of the book called The Fabrication of Social Order, A Critical Theory of Police Power. Now it sounds complicated, but I promise it really isn’t because what the book concludes about police power simply exposes the imperative that drives arrests like we saw today. The book’s thesis is that policing in our modern capitalist society is more about order than it is law enforcement, that police play a critical role in maintaining the order of society based upon profit.
In fact, the primary purpose of police is to in fact fabricate an order that would not otherwise exist to create a world where labor is at the mercy of a capitalist elite, and power is a tool of inequality warriors armed with guns and badges. Neocleous argues that the fabrication of order and the resulting influence of police power start with the types of arbitrary power we have just witnessed. In other words, while Darcy’s arrest might seem trivial and insignificant in the broader story of the battle of America’s flawed law enforcement industrial complex, it’s actually where this entire story starts. That’s because the power has to be at its essence, arbitrary. In other words, it has to be applied solely at the discretion of authority. It can’t be precluded or prescribed by law. It simply cannot be limited or curtailed by a set of amendments outlined in the Constitution.
It has to be random, chaotic, and most of all indiscriminate. And what I mean is that in order for this type of police power that Neocleous envisions to proliferate, it must be random, unknowable and infallible. It must be indiscriminate, contradictory, and most of all unfair. And it must embody all of these seemingly contradictory concepts to adhere to the underlying principle that drives it, to sow chaos in the lives of people who can least afford it, to create and fabricate crises in the lives of working-class people that seemingly strip us of our rights and thus our political power. I mean the biggest fear of the elites that run this country is the working class rising up and opposing the political order that currently profits off a record level of wealth inequality. They really don’t want us to figure out that their catastrophic greed is in fact a problem, not us.
Now having a small handful of people living like kings plundering on natural resources and flying private jets is not what ails us, but it is in fact the result of the underlying chaos caused by intractable poverty that is actually making our beautiful planet uninhabitable. In other words, it’s you, not us, who are the problem. And that’s the point of the policing we watched earlier. It’s overarching control over what should be public space is the most potent facet of bad law enforcement because as the officer manipulated space so too did he manipulate Darcy. As he was able to turn a public sidewalk into an illegal no-go zone. So too was he able to put Darcy in handcuffs, and as he was able to deem the otherwise legally protected actions of Darcy into a crime worthy of the use of force, he was also able to wipe away her civil rights and turn her into a menace to society.
And it is worth noting as Stephen reported from the charging documents and as Darcy related to us, that there was no legal code or law violation recounted in the charging documents. I mean, the officer didn’t even try to cite a law to justify her nine-day incarceration. The only accusation he did make was the unsubstantiated claim that she bit him, an allegation the body worn camera certainly calls into question and as I said, she told me and Eddie that she didn’t even have her dentures in the morning the alleged bite occurred. My point is this is exactly why the growth of police power seems, in essence, to be antithetical to our constitutional rights, why processes like civil asset forfeiture continue to grow unabated as our entire legal system sits by and watches. All of this is the result of police power that has been allowed, or perhaps I should say, encouraged to become as indiscriminate as possible.
It’s just a result of a system expanding its influence through illogic that rather than create a law enforcement system that is rational, predictable, and fair, what we have is a set of protocols that are intended to be exactly the opposite, irrational, unpredictable, and most importantly indifferent to the notion of justice. In this sense, what we have is policing that does not in fact fabricate order, but instead manufactures disorder. What I mean is that police aren’t the gatekeepers of civilized society as some cop-agandists like to argue, but instead, agents of chaos. They literally wreak havoc in our lives like they did with Darcy. And in doing so, only make difficult problems worse for the people who are already suffering. It’s an update on the aforementioned theory of police power and how this power unchecked, moves to our lives. We have to recognize it for what it is and what it is to keep it in check. And when we see it like we did in Darcy’s case, we have to call it out and reveal it as a real threat to civilized society.
We have to let the powers that be known that we see what you are doing and we know what you want to diminish our civil liberties, and we have to be clear that you can’t have them because we are willing to fight to not just keep them but expand them, bad policing or not. We know we deserve better and we will not compromise until we get it.
I want to thank our guests, Darcy and Eddie for reaching out to us. We really do wish you both the best and I hope that by shining a light on your experience, certain officers will be a bit kinder. And of course, I have to thank intrepid reporter, Stephen Janis for his writing, research and editing on this piece. Thank you Stephen.
Stephen Janis:
Taya, thanks for having me. I appreciate it.
Taya Graham:
And I want to thank mods of the show, Noli D and Lacey R for their support, thank you Noli D. And a very special thanks to our accountability report, Patreons, we appreciate you and I look forward to thanking each and every single one of you personally in our next live stream, especially Patreon associate producers, Johnny R, David K, Louis P, and Lucita Garcia, and our super friends, Shane B, Kenneth K, Pineapple Girl, Matter of Rights, and Chris R.
And I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you. Please reach out to us. You can email us tips privately at par@therealnews.com and share your evidence of police misconduct. You can also message us at Police Accountability Report on Facebook or Instagram or at Eyes on Police on Twitter. And of course you can always message me directly at Tayasbaltimore on Twitter and Facebook. And please like and comment, you know I read your comments and appreciate them. And we do have the Patreon link pinned in the comments below for accountability reports. So if you feel inspired to donate, please do. We do not run ads or take corporate dollars, so anything you can spare is truly appreciated. My name is Taya Graham and I’m your host of the Police Accountability Report. Please be safe out there.
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