Friday, January 26, 2018

"Yeehaw!!!" Cops or cowboys?

YEEHAAAAWWWW!!!!!!  So a police chase in Carthage began when  a man fled a DUI checkpoint in March 2017.  The defendant accused the police of shooting at his vehicle and then choking him after he was handcuffed even though he was not armed.  JJ obtained a copy of several police bodycam videos that show the chase and what took place once Tyricqwon Burks was arrested and handcuffed. The video is posted below. 

Burks claimed in a petition for habeas corpus  filed in May 2017 in Leake County Circuit Court:

In this regard, on or about March 25, 2017, Mr. Burks pulled  way from a road block being operated by the Carthage Police Department on Highway 16 East.  As he pulled away from the road block, officers Adam Wade and Chase Quimby pulled their service pistols and began firing at Mr. Burks' car, which was occupied by Mr. Burks and two adult passengers.  Neither Mr. Burks nor either of the occupants were armed and were posing no immediate threat of death or serious bodily harm when the officers began firing at Mr. Burks' car.  See contradictory officer reports attached collectively hereto.

3. Mr. Burks' tire blew out at some point a few minutes away from the road block and he pulled over and waited for the officers to arrive.  When they arrived some 30 seconds later, he offered no resistance and appeared with his hands up ready to fully comply and surrender.
4.   At that point, based on information and belief, the officers involved began beating Mr. Burks while he was in a submissive posture with his hands up, and did not stop beating him until well after he was subdued and placed into handcuffs. In this regard, based on information and belief, one or more Carthage Police Department officers continued to violently strike, kick, and punch Mr. Burks while he was in hand cuffs and lying on the ground.
The petition and police reports are posted below. 

Start: Quimby's bodycam
1:48: Yahoo/yeehaw!
4:00: Officer arrives at scene
5:45: Wade's bodycam begins
8:40: Wade arrives at scene
11:20: Female officer arrives at scene

The videos show  Carthage Police Officer Quimby walking to the Mustang as his flashlight illuminates the vehicle. He stood to the side of the vehicle while Officer Wade approached with his drawn pistol pointed at the Mustang. Wade holstered his weapon and questioned the driver.  The officer asked Burkes if he has been drinking and if he can give him a breath test. Burks evenly replies that he gave him his license and insurance. His hands are visible. Burks asked the officer why he couldn’t leave. The officer said “Because I want to make sure you didn’t have anything to drink tonight.” He tells Burks several time to “go ahead and step out of the car and talk to me for a minute.” Burks replies “I gave you my license and everything.” The officer yelled “I need you to step out of the car right now!” Burks sped off a few seconds later and high-tailed it down Highway 16 East. 

Police officers started yelling “We got ‘im! we got’im!” One even let out a big “YEEEHAAAAWWW!!!!” and a whoop. The chase lasted nearly two minutes. Burks’s lawyer said that the chase ended when an officer shot the tire. Officer Wade jumped out of his car and screamed at the occupants several times to get out of the car and get on the “G**d*** ground.” Burks said he couldn’t move. Wade ran to a passenger who was handcuffed and seated on the ground and began to yell at him to “shut up, do you f****** hear me!”  Quimby yells more profanities at Burks. He screams at him to $*@($ roll over repeatedly but Burks says he can’t because he is “pinned down.” Quimby yells at him again “Roll the f*** over!”

Several police officers are heard telling Burks to get up while Burks keeps saying he can’t get up because he is handcuffed. Wade rushes over and yells “Shut up motherf*****. You have f***** with me one time in this city and you have come back, you hear me? We don’t f****** play! Do you understand? Do you understand? ” while picking him up by his neck. The camera is turned off as the officers yell at him to get up while they place him in the police car and he says over and over that he can’t get up.

The third bodycam video shows a black female officer walking up to the scene. She frisked one passenger who was handcuffed and sitting on the ground. Another passenger is handcuffed and is facing a vehicle. She begins yelling at the passenger to “shut up” while he repeatedly says he heard “shots fired.” Another police officer says “You are about to piss me off.”

Her video switches to another clip where Burks is removed from the back of a police car and searched. He is quiet at first but that lasts for only a few moments. He asks why “you beat the hell out of me” when the police officer asks him if he understands why he was pulled over. Burks keeps asking the police why “you beat the hell out of me for no reason….. that’s all I want to know, why you beat my ass when I wasn’t moving.” The officer replies “why did we end up here?” Burks becomes more agitated and says “beat me again, I don’t give a f***”, as he is placed into the police car.

Quimby's report states that he and Adams each fired one round at the fleeing Mustang.  At least one round struck the tire, causing it to shred. 

Attorney James Murphy represents Tyricqwon Burks, Allen Hall and Virgil McQueen.  Carthage police charged Burks with disobeying a police officer, aggravated assault on a police officer (claimed he tried to strike police with vehicle), failure to comply, felony fleeing, resisting arrest, disorderly conduct, and a first-offense DUI.  Murphy said his BAC was .14.  No contraband or weapons were found in the vehicle.  Murphy said his client fled because one of the police officers had tased Burks after handcuffing him in a 2013 DUI arrest. 

Bond was initially set at $100,000 but a municipal court judge reduced it to $60,000.  Burks could not afford bail so he sat in jail for three months.  Murphy filed a petition for a writ of habeas corpus that was granted by the Circuit Judge.  Murphy said his client was released on his own recognizance after he asked the city to produce the police videos in circuit court.  Burks lost his job although he has another one.  

Murphy said that the case has not been presented to a grand jury.

Kingfish note: Yeehaw or Yahoo????  The police report states that Burks almost ran over a police officer.  Watch the video and judge the report's veracity.  Quimby's report states that Burks struck him in his "right arm and hip as he drove away, knocking me off balance."  Watch the video. 


Anonymous said...

Another snowflakes rights have been violated. Poor me, he refused the direct commands of the officer and sped off, endangering all who was on the road. It's all fun and games and high fives until you get caught, THEN you've violated my rights because I can drive off and not listen to you if I don't want too.

We have to start having consequences to these scumbags who think they can do anything they want because just because their from the mommy I need attn generation..

You got caught, now live with it!

Anonymous said...

You pretty much have peed in your Wheaties when you are driving drunk and run from the police.
Fact is, these folks that think nothing at all about the lives they put in danger while running should get the business end of a baseball bat.
THAT would put a damper on running.

Anonymous said...

Chris Rock did a great job by explaining how to avoid these kinds of incidents...

Anonymous said...

The police should have just shot him in the head and been done with it. When the person in the Mustang pulled away from officers he was driving dangerously and could have killed an innocent person.

Remember the TV stolen from the Clinton Walmart and the innocent person killed driving home from work...could have happened here also.

Anonymous said...

These things get so upsetting. "I ran because I didn't like what happened the last time I got pulled over drunk"

Did anyone ever think how much less painful the DUI arrest would be if the guy had just pulled over and said, "Officer Popo man, I have been drinking." and then stepped out of the car to take his arrest peacefully like the adult who was willing to drink and drive, making the highway dangerous for all of the folks who have to deal with he possibility of meeting head on with a drunk driver every time we go out (day or night).

Those who drink and drive are worthless anyway. Why do I expect more than what happened here from them? I guess I am as dumb as him for expecting more.

Anonymous said...

I'm sorry, that name is what again?

Anonymous said...

The name is Burks. Tyricqwon Burks.

Anonymous said...

Ahh, right. And that's with a hard "I" or no?

Alpha Storm said...

The officer asked three times to get out of the car nicely. Then dummy took off which is a felony. Case closed. What I'm shock about is a Ford Taurus police car was able to catch a Ford Mustang.

Anonymous said...

Well, it is fun and games for the cops. Like dogs chasing a squirrel.

Anonymous said...

Play stupid games, win stupid prizes. Guess what dumbasses, Obama is gone and the goverment is not giving you a pass to break the law any more. Play by the rules or face the consequences.

Anonymous said...

While the gunfire and YEHAWWW were totally uncalled for, I think a few taps on the noggin with a hard object were in order.

Won't Get Past KF Radar.. said...

Kingfish - Will you please address this once and for all? Do you actually have successful attempts by robots to infect this blog? Have you ever had one? Do you really think it's easy on an iPhone to select sixty to ninety 'street signs' with my pointing finger? You really think it's fun to select the store-fronts five or six times even though I got it right the first time? And no, trucks and buses are NOT cars. When will you move on from this shit to something more user-friendly?

Anonymous said...

Maybe a little "irrational exhuberance" on the cops part, but they ended the fleeing of a criminal. I have no problem with the gun shots. They worked to end the chase.

Anonymous said...

How is it that none of the bullets actually hit the car?

Anonymous said...

Thank you KF for this...I am puzzled by the above comments...instead of being outraged by the actions shown, most applaud or condone it...the police force today isnt the police 50 years ago, serve and protect is just a PR slogan...the driver knew from a prior experience what was going to happen if he got out...there was absolutely NO reason for shooting..and the YEEEHAAAA!!!! yell speaks volumes...everyone seems to think this can't happen to them, but it can..and quickly...the education level vs the power and authority that many officers have is appalling and concerning...most agencys, especially small ones don't require background checks, much less psychologicial exams...too many times, bad LE just get moved on to become someone elses problem...this incident will change the future of Carthage politics...this makes law enforcment harder, not many of the above commenters would be proud to say that THEY were these officers supervisors, and what does it say for the image Mississippi already has...did anyone read the writ...the bail was set and approved by the officers...another very small town (pop 600) in MS with national name recognition just gave every officer, all of the TWO full time, and several part time (working for 10.00 an hour for experience to get a full time position anywhere) the status and authority of Deputy Court Clerk...every officer...the town doesnt even have enough badges for all the officers

Does anyone remember the hunt for LA, California ex cop Christopher Dorner in 2013...In two separate incidents during the manhunt, police shot at three civilians unrelated to Dorner, mistaking their pickup trucks for the vehicle being driven by Dorner. One of the civilians was hit in the back by the police gunfire, another was wounded by shattered glass, and a third individual was injured when police rammed his vehicle and opened fire...the first truck was driven by a 71 year old woman and her daughter delivering newspapers...their vehicle had 102 bullet both incidents, neither vehicle was the same make or color of the suspects vehicle

So ask yourself before you comment, would you be willing to stand before a mass of national news reporters and perform a frame by frame justification of the videos...and answer questions...there is an old phrase, You can delegate authority, but you can't delegate responsbility...this video says volumes for the police climate and culture in Carthage

Anonymous said...

Concur with January 27, 2018 at 1:15 PM.

Anonymous said...

I'm at a total loss as to what a 2013 California situation has to do with the Carthage incident or any of the other comments here. Sounds like 1:15 is simply on the rag.

Anonymous said...

I am pro law enforcement, but Adam Wade was known to be an officer that over-stepped boundaries. He is no longer on the force. He made a DUI arrest on a woman's ex husband to help the woman in a child custody case. The woman didn't have custody because she abandoned her husband and kids after 2 stints in rehab to shack up with a fellow rehabber. I don't know about the other officer in the case, but would question any situation that involved Wade based on common knowledge in Carthage.

Anonymous said...

I heard about this .... story has it that the guy that fled the roadblock had fought officers on the side of the road back in 2013 and was drunk and a blood test proved that to be his 3rd dui.. this instance here was this guys 4th dui he had received... it was said that officer Quimby was struck by the tail end of that car as it fled away and that was when officer wade shot the tire out of the car. The end of the video well I guess officers were a slight bit pissed off after so many lives were put in danger but the habitual drunk driver.... rumor has it the district attorney met with the defense attorney and worked out a deal so the dui 4th offense and all charges would not be prosecuted. Once again the justice system has failed... for comment 2:13 ... just curious was the guy actually dui?

Anonymous said...

I'm no legal expert but there doesn't seem to be much here. There are plenty of high profile lawyers who would salivate over a case like this. Believe me James Murphy ain't one of them.

Anonymous said...

While those officers might have handled the situation a little differently overall they dealt with a menace to society the best way they could under the circumstances. He should've complied with the lawful orders he was given to exit the vehicle. The lawsuit will be filed and the city's insurance carrier will settle out of court with prejudice after the lawyers take 8-12 months of depositions which is a total waste of taxpayer money. I don't see any abuse or violation of this criminals civil rights. I see a criminal wanting to cause trouble and looking for money and I see a rookie lawyer (James Murphy) trying to turn a mole hill into a mountain and make a name for himself. Carthage Police bust their ass to keep that city safe and from what I see they're doing a mighty fine job. Keep up the good work that trash out of town and that includes James Murphy!

Anonymous said...

I have to say that I am surprised about some of the comments on this. Leake County cops included Carthage PD are known for abusing their power and taking things to the extreme. Adam Wade is known for his short man complex, when he puts on that uniform he acts 10 foot tall and bullet proof. I do not see a whole lot wrong with the way that acted that night in my honest opinion. Did they get a little excited? yes. Did they beat the guy, I really couldn't tell. Did they treat him like he should have been treated? no. Did they violate his civil rights? no. They could have done better in handling the situation, but they didn't. Do they need to be punished. yes. Does the city need to pay? yes. This is not a civil rights issue, but this is a issue of cops acting like they are above the law.
James Murphy should pay more attention to his personal life than try to dig up this mess. Out of all the lawyers in Carthage he would have been my last choice. Just my opinion.

Anonymous said...

The Wade and Quimby were out of control. Just think if there hadn't been any camera.

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