Cleburne Man Decries Police Brutality After Probably Justified Traffic-Stop Tasing (Video)

A number of facts surrounding Donny Hinshaw's May 23 arrest by Cleburne police are firmly established. Minutes before the YouTube clip above, the 30-year-old had gotten in a wreck and driven away. When he's pulled over, he steps out of his truck and ignores the officer's command to put his hands on his truck. Nine seconds later, he gets Tased.

Now the question: Was it justified?

Hinshaw, predictably, says no. He plans to file a complaint against the officer -- identified by whomever posted the YouTube video as Corporal Robert Sigler -- and is demanding that his charges for fleeing the scene of an accident and evading arrest be dropped. He made the local-TV-news rounds over the weekend.

"He had no justification for using the Taser on me," Hinshaw told WFAA. He told NBC 5 that he was "just scared" during the traffic stop and felt "fear, anxiety [and] no situational awareness of what's going on."

That's not what it looks like on the video, in which Hinshaw appears to have no trouble understanding the officer's commands or the subsequent warning, "Get ready to get Tased."

True, the officer may have been a tad bit quick on the draw, but the clip serves as a useful reminder: When a cop says to put your hands on the truck, it's best to put your hands on the truck.

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30 comments
johnrogers47
johnrogers47

There is no legal reason for him to comply when he hasn't broken any law or when there isn't probable cause for the stop. An officer should not have the right to use extreme, and what in some cases can be lethal force, without ample justification or simply because he becomes fearful.


garlandsucks
garlandsucks

police act more and more like the gestapo every day..you have no real rights...unless your rich and important/powerful....if you are poor you should take the dope (watch your tv, go to church) and serve your master you ungrateful poor bastard

shameonyou
shameonyou

The man was fleeing from the scene of  an accident,  hence forth fleeing from the cops would be no biggy.  The cops have a right to cuff him any time on suspicion of  any crime commited and, not even arrest at the time, un-cuffed and let go.  They also warned him and he still had that stupid baby huey look on his face.  I feel sorry for him cause Johnson county court will throw the book at him.

StupidHippies
StupidHippies

Where was the brutality?

GuitarPlayer takes hits harder than this when he's with Myrna in the bedroom

Montemalone
Montemalone topcommenter

Looks like C.H.I.P.s borrowed Schutze's hat cam.

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Chunky Boy needs to do two things:

1. Be thankful he didn't run into a gun instead of a taser.

2. Lay off the brisket for a while.

oakclifftownie
oakclifftownie

everlastingphelps

 "The cops can't arrest you without articulable probable cause.  That means articulate it."

Very true in a the calmer venue of a court of law .And that lack of ability to articulate will provide ways to have the charges dismissed .

However when it comes to street justice ?

Its not real smart to piss off a guy wearing a Batman like utility belt filled with all kinds of non lethal devices that can really Fuck up your day !

ptmoore2012
ptmoore2012

It's not that the officer won't eventually tell the man why he is under arrest. He wants to get 

control of the situation now that the man is out of the truck and can potentially attack him.

He also wants to see if the man is armed. If the officer answers I am arresting your for a hit and run

then the man will continue the conversation. 

MikeWestEast
MikeWestEast

What is it with these people that think an arrest is an opportunity for conversation?  Again too much TV and movies.  Just because actors get paid to speak and listen does not mean real counterparts, police, do the same.  As soon as you hear the words, "You are under arrest,"  the mouth goes shut and the hands go up or out the window.  It should be a very quiet, professional exercise.  Hearing those words means you are going to jail unless you do something stupid and get yourself hurt.  Your only thoughts should be getting to jail safely, not providing anything incriminating running your gums, contacting family, getting attorney and arranging bail.

WylieH
WylieH

This Hinshaw guy seems like a bit of an arrogant idiot.  He got what was coming to him.

monstruss
monstruss

In this situation, the cop had it right at 1:10 on the video. Drive off from a Hit and Run and then act like a moron when you finally do pull over? Yeah, I'm ok with this tazzing.

ptmoore2012
ptmoore2012

The real question is after seeing the video why didn't the two television stations send this bozo on his way?

There is nothing newsworthy about the officer using the Taser on a non-compliant citizen who has run from a traffic accident. As long as people think they can have their 15 minutes of fame by complaining to the media and the media will run anything with good video we will be stuck with watching these dumb stories - or like many people will determine watching the local news is a waste of time.   

Admonkey
Admonkey

Should have tased him twice.

unclescrappy
unclescrappy

BIG, FAT STUPID IDIOT. Definetly shows he has a "I am Better than everyone else" type attitude. Oh well, soon going to find out what life is like when you ACT STUPID & do even STUPIDER THINGS.

Basic Rule 101. ALWAYS Stop when in an accident, No matter what. I got rear ended once and the guy left (Illegal Alien, No insurance etc) but I got the license number, and police got him like 3 miles down the road. He got a Felony, Family & him got deported (Yeah it was back in the 90's when they did enforce immigration laws somewhat) and his employer paid me a lot of $$$'s. A good day overall. And I was told if he had stopped & everything, They wouldnt had arrested him for being an Illegal or anything. But because he ran, he made it into a felony & everyone paid the price.

ScottsMerkin
ScottsMerkin topcommenter

seems like a quick yet legit tasing.  It certainly changed the kids attitude.  

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Hinshaw was being a belligerent meathead.  I wish we could clone cops like this and get rid of the gun-happy ones.

GuitarPlayer
GuitarPlayer

@StupidHippies 


I think you are confusing me with the Merk. But that's not surprising Horse Fucker, you are confused a lot.


ScottsMerkin
ScottsMerkin topcommenter

@Myrna.Minkoff-Katz wonder what a cat looks like getting tazed bro

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@GuitarPlayer  

Actually, that is a legitimate question.  You may be acting like a moron, but it is a legitimate question.


The cop is a bit of a jerk.  It reminds me of an episode of "COPS" where the suspect's car is sandwiched between two police cars and the cops have guns drawn while shouting: "Get out of the car."

observist
observist topcommenter

@unclescrappy I thought you were talking about the cop until the 2nd paragraph...

GuitarPlayer
GuitarPlayer

@ThePosterFormerlyKnownasPaul  


"How are you doing today" is a legit question too. However, when you are involved in a traffic accident, then leaving the scene of that accident and THEN after a motorcycle cop has been following you for blocks with his lights and siren on.......well I'm sorry, but asking "For what" is pretty idiotic.

Guesty
Guesty

@everlastingphelps @GuitarPlayer @ThePosterFormerlyKnownasPaul "The cops can't arrest you without articulable probable cause.  That means articulate it."  As far as I am aware, an officer does not have an obligation to answer a suspects questions before obtaining control of the suspect.  The charges only need to be explained after the arrest.    

bmarvel
bmarvel topcommenter

@everlastingphelps Phelps -- Arrest after hit and run is not  a call for dialogue or public debate. Once the cop has the situation under control -- which is, after all, what we are paying him for -- there is plenty of time for questions. 

The law does not specify that the probable cause be articulated before the stop. It merely says there must be a probable cause that can be articulated.

TheCrusher
TheCrusher

@everlastingphelpsThe conversation about probable cause is one for the lawyers representing the arrestee and the people. If you want to argue with a street cop about the Supreme Court's "stop and frisk" jurisprudence, or the particular facts giving rise to probable cause during an arrest, while failing to comply with the officer's lawful orders, something unpleasant is likely to happen. You can't win a 4th Amendment argument on the street. You can win one in court from time to time. 

cawnlu
cawnlu

It will be articulated in the police report, that is what the law requires. There is nothing that says it must be articulated before the suspect is controlled. That is a belief that has become widely held and is not based in law.

ThePosterFormerlyKnownasPaul
ThePosterFormerlyKnownasPaul topcommenter

@everlastingphelps @GuitarPlayer @ThePosterFormerlyKnownasPaul  

What the cop should have said is: "Put your hands on the vehicle or you will be tased."

Whenever a policeman threatens with the use of force to put a suspect into submission, the suspect must be clearly and unequivocally told what must be down in order to avoid the threat of force.

Another serious error by the officer is when he has the taser energized, orders the suspect to get on the ground and takes the suspect's lack of compliance as failure to follow instructions.  When the taser is energized, the purpose is to immobilize the suspect.  The voltage and amperage of the electrical charge is sufficient to cause virtually all muscles in the suspect's body to contract involuntarily and remain contracted as long as the taser is being discharged.  This is why tasers are considered a humane, and less lethal, way to immobilize a suspect.


Granted it was initially a one on one situation, but the policeman is clearly on an adrenaline high.

This is case is an excellent example of why when you are pulled over while driving a motor vehicle that you should remain in your vehicle with your hands in clear sight and follow the officer's instructions.

everlastingphelps
everlastingphelps topcommenter

@GuitarPlayer @ThePosterFormerlyKnownasPaul The cop is supposed to be the one who is NOT an idiot.  It takes less time to say "hit and run" than it does to say "get ready to get tased."

The cops can't arrest you without articulable probable cause.  That means articulate it.

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