Devin Carter

When the Police Commit Brutality in California, Attorney Burris Fights Back – This Time for Devin Carter

Overview

Not since his former client Rodney King has Attorney Burris witnessed the kind of police brutality that he watched on video taken by Stockton police body cameras. At a press conference on April 3, 2021, for his current client Devin Carter, Burris said, “These vicious cops acted like a pack of wolves, and Devin was their evening meal. I have not seen a police officer beating this outrageous since my former client Rodney King was beaten by LAPD officers back in March of 1991.” And just as he did three decades ago, Attorney Burris continues to fight for justice for wrongfully beaten black men at the hands of California police officers.

Challenges

The Beating of Devin Carter

On December 30, 2020, Devin Carter, an unarmed 17 year old high school student, was severely and viciously beaten by four Stockton police officers. The police brutality occurred in the evening on a dark, public road. Carter was on his way to his father’s home, allegedly speeding, which may in part have been the reason the police pursued him.

Initially unaware that the police were following him, he came to a complete stop. It was at that moment a police vehicle appeared from a distance and collided with Carter’s vehicle. What seemed like almost immediate, an officer approached Carter and shouted, “Don’t fucking move,” and then he shouted, “take your fucking seatbelt off.” Two Stockton police officers proceeded to pull him out of the car with one officer kneeing Carter in the face. Carter cried out, “Okay! I am not resisting.” Carter was slammed to the ground as two more officers joined. Then, one officer began to repeatedly punch Carter in the face as Carter screamed out in pain. The officers continued to stomp, kick, knee, and punch Carter. Meanwhile, in pain and agony, Carter feared for his life.

After the 50-second assault, the officers transported Carter to a nearby hospital.

Devin Carter was not a physical threat to the officers or the public

As officers approached Carter’s vehicle, body-camera video footage confirms that Carter waited for the police to initiate contact. Carter’s hands were above the steering wheel, clearly indicating neither weapon nor resistance as the officers made commands. As he was pulled from the car and thrown onto the ground, he cried that he was not resisting. (Exh. C, BWC Video). The officers were in complete control of him.

Stockton police officers used excessive, if not deadly, force..

Police can only use as much force as is reasonably necessary to make an arrest, anything more is excessive. Police can only use deadly force, like multiple blows to the head, when necessary to save human life. In this situation, it is clear the police used excessive if not deadly force. They showed a complete inability to apply proper force under the circumstances, and their use of force was completely disproportionate to any threat posed by Carter.

Devin Carter suffered serious injuries.

Carter’s injuries were grave. Nurses at the hospital were so alarmed that they questioned the police about it. One nurse asked, “Did you guys do this to him?” An officer responded that Carter “was in an accident,” wrongly implying the injuries were caused by an auto accident and not the officers’ use of excessive force. (Exh. C, BWC Video), (Exh. A, Photos, Bates #Carter000002–000006), (Exh. B, Med. Records, Bates No. 000008-000044).

The Problem with Police Brutality

Police brutality is a pervasive problem. Qualified immunity has made it difficult to seek and obtain justice against police officers. Even though the laws have changed since the days Attorney Burris represented Rodney King, it is still difficult to exact justice from law enforcement agencies when their agents commit wrongs.

Further, when justice is sought, it takes a long time and is insufficient. Nearly ten months came and went before two of the four police officers were indicted on assault charges. That said, these two officers – Michael Stiles and Omar Villapudua – had already been terminated from their positions. As for the other two officers, no charges have been brought but the SPD claims they were disciplined. As such, they remain in their jobs, which created another problem for Carter.

With officers remaining in their positions at the Stockton Police Department (SPD), Devin Carter feared retaliation. After the indictments were announced on September 17, 2021, Devin Carter said at a press conference that “Knowing that two out of the four officers are being prosecuted – and those other two are still on the force – I am in fear for my life; say I do get pulled over by those two officers, the way I will be treated next time … If I get pulled over will there be retaliation?”

Solution

Attorney John Burris is a solution-driven civil rights attorney. He knows solutions are layered and multi-fold, and so in Carter’s case, a threefold approach has been undertaken and continues to be undertaken until justice is obtained for Devin Carter.

File a civil rights lawsuit and protect his client.

Carter suffered damages, and so a lawsuit was filed. The lawsuit could result in compensation and more, like requiring the SPD to fire the remaining two officers. In regards to the latter, a stay-away order was issued to prevent retaliation.

Join community forces for change.

Attorney Burris knows that though civil rights lawsuits matter, the community coming together to fight for change also matters. He has given press conferences in conjunction with community leaders seeking justice for Devin Carter.

Pressure state officials.

Change does not come from the outside only but from the inside, too. To see that change, Attorney Burris continues to put pressure on the Stockton Police Department as well as the District Attorney’s office to be more transparent and fairer.

Case Results

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Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course

Jane Smith v. City of Oakland

Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

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Rodney King v. City of Los Angeles

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Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course

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