Secretly recorded encounter with Ellwood City Police / still from submitted video

A man who confronted an Ellwood City Patrolman about a parking ticket secretly recorded his interactions with police. Two officers can be heard on the recording telling him it is illegal to swear in public, with one officer then trying to taunt the man into physically attacking him — the encounter ends with a scuffle and a Tasing.

Perry Russell Malcolm, 33 of Patterson Township, was charged with summary disorderly conduct – obscene language, misdemeanor resisting arrest, and felony disarming a police officer after an encounter with the Ellwood City Police Department on March 5th of this year.

Malcolm provided the Beaver Countian with a copy of his recording, and said the incident started when he was given a ticket for parking too close to an intersection. He felt that he had parked far enough away from the corner and said he returned the ticket to the department in protest.

The recording begins with Malcolm starting to talk about the ticket with a man he identifies as Officer Matthew Kennedy. A search of court dockets shows Kennedy as the arresting officer in the man’s case.

After a brief discussion, Malcolm can be heard telling the officer he is going to go back to retrieve his ticket. The officer encourages him to do so, and tells the man he should pay it.

“I’m not going to pay it. I’m going to talk to Officer Kingston [a supervisor] and I’m going to wonder why you’re such an asshole,” Malcolm responds.

Officer Kennedy again tells the man he should pay the ticket.

“Not going to happen, fuckhead,” Malcolm can be heard saying in response.

The officer then confronts the man, “What did you say sir […] What did you call me?”

Malcolm responds, “Does it make a difference?”

“It does make a difference, it’s called disorderly conduct,” said the officer.

The man responds, “It’s not disorderly conduct. It’s not.”

Malcolm said he was already back at his truck getting ready to leave when Officer Robert Magnifico arrived. The two officers can be heard on the recording talking to one another.

“He wants to come down here and tell me how it is,” said Officer Kennedy. Officer Magnifico replies, “Well that’s normal for him, that’s what he always does, he thinks he knows the law better than everybody else.”

“I was trying to put up my tailgate and my latch was stuck and it kept falling back down,” Malcolm told the Beaver Countian. “I was trying to leave and it wouldn’t shut and I was like ok, great, this is just prefect. I was facing my tailgate when one officer came up on my left hand side and the other officer came up behind my right side.”

A man that Malcolm identified as Officer Magnifico can be heard berating him, “What makes you think you can talk to us like that […] Why do you think you can do that in a public street? You can’t, it’s against the law.”

Malcolm responds, “So, nobody heard me.”

“You still can’t do it,” insists the officer. “It’s public and you can’t cuss and swear in public it’s against the law […] Cite him he’s an idiot, he doesn’t know no better, he’s a dumbass and he’s always been a dumbass.”

According to Duquesne University Law Professor Bruce Ledewitz, a noted scholar of the state and federal constitutions, it was Perry Malcolm, not the police officers, who had a correct understanding of the law.

Professor Ledewitz declined to comment about the recording specifically, but spoke in general terms about the legality of swearing in public and using profanities with police.

“I think every law professor in America would tell you that you can not be convicted of [swearing in public] today,” said Ledewitz. “Every time this has been invoked in modern times, since the 1960s, the convictions have been reversed on appeal. Any time you see that statute being charged it should raise red flags […] If someone in a circumstance like this went to the ACLU I think the department would have some problems.”

Vic Walczak is the Legal Director of the American Civil Liberties Union of Pennsylvania.

“There is a long, and I stress long, line of Pennsylvania cases, including recent ones from the Pennsylvania Supreme Court, that say you can not charge someone with the use of profanity in public,” said Walczak. “For an officer not to know that reflects a serious lack of training. This goes back many years. We have filed a lot of lawsuits on this issue and we have won a lot of people a lot of money doing it.”

On the recording the man Malcolm identified as Officer Magnifico can be heard directing Officer Kennedy to issue a citation before confronting Malcolm again.

“Why don’t you say it to my face? I’m standing right here, you think you’re such a tough guy? Why don’t you say it to my face huh? Why don’t you make a move,” said the officer. “Because you can’t. Because you’d get your ass kicked that’s why, because you’re an idiot […] You have never learned one thing in your life have you.”

The Ellwood City Police Department does not have a Chief, but commanding officer Lieutenant David Kingston said he had not heard the audio recording before it was played by the Beaver Countian for him today during an interview conducted at his station’s headquarters.

Kingston confirmed the voices heard on the recording are those of Officers Kennedy and Magnifico.

“How one officer handles a case verses another officer is going to be different,” said Lieutenant Kingston. “Could the officers have de-escalate it? Possibly, but I think [Perry Malcolm] was pushing the limit.”

Malcolm said that after the officer began taunting him at his truck he knew things were about to go bad for him, “What am I supposed to do in that situation? No matter what I did I would be wrong, so at that point I knew things were about to happen.”

A struggle can then heard on the recording, although it’s unclear what exactly is occurring because the lens of Malcolm’s smartphone is obscured.

Lieutenant Kingston said his officers told him the physical altercation started after Malcolm threatened them, alleging the man said, “I’m going to kick your fucking ass.”

The Beaver Countian was unable to readily identify such a threat on the recording provided by Perry Malcolm.

Lieutenant Kingston gave the Beaver Countian a copy of his own footage of the encounter — a surveillance tape from the police station which captured video but not audio of the incident. Much of the physical altercation between Malcolm and the officers is obscured by a timestamp that could not be removed from the footage, but enhancements of the video by the Beaver Countian appear to show Malcolm struggling with police at one point as they attempted to secure him into custody.

Perry Malcolm had told the Beaver Countian that officers pinned him up against the tailgate of his truck leaving him unable to fully comply.

“They were pushing me over my tailgate and I couldn’t really do anything,” he said. “One office was telling me to turn around but the other officer’s hands were around my neck.”

Officers can be heard Tasing Malcolm. An officer then yells that the man had grabbed onto his Taser and wouldn’t let go — Malcolm can be heard begging the officers to stop shocking him. After Malcolm is heard saying he had let go of the Taser, officers can be heard shocking him again.

An officer can then be heard shouting vulgarities.

“We only escalate to the next level of force that is necessary,” said Lieutenant Kingston. “We don’t want anyone to get a hold of our weapon.”

Kingston noted that Malcolm had a prior conviction on charges of resisting arrest from 2005.

Following his arrest by Ellwood City Police in March, Perry Malcolm took his secret recording with him to the preliminary hearing in his case held on May 18th. Court records show the Lawrence County District Attorney’s Office agreed to dismiss the misdemeanor resisting arrest and felony disarming a police officer charges in exchange for Malcolm pleading guilty to the summary disorderly conduct citation for obscene language.

“I wasn’t going to plead guilty to anything, but I would have had to pay my lawyer at least another $2,000 to start going forward, so it was either pay that or the $300 fine,” said Malcolm. “Mathematically in my situation pleading guilty to disorderly conduct is what I could afford to do.”

Vic Walczak said he was deeply disturbed by what he heard on the recording of the Ellwood City Police.

“I am trying to figure out if the police were more unprofessional or more unconstitutional,” said Walczak. “I’m thinking it was probably equally both.”

Professor Ledewitz generally sympathized with the difficulties police face on the streets, but stressed that officers need to remain cognizant of the rights of the citizens they are interacting with.

“I have always told my kids, when an officer says do x, you say yes sir, and then you can fight him later in court,” said Ledewitz. “Police have a really terrible job, it’s very difficult. That’s why District Attorneys will often try to do something in a circumstance like that because they want to have the backs of the police. But while swearing at the police is not a good thing to do, it is something that needs to be protected under the First Amendment for good reason.”

Walczak told the Beaver Countian that the courts have said police need to be prepared for encounters like the one he heard on the recording, and should be trained on how to handle situations where they are being lawfully criticized in that manner.

“There is law out there in these cases that talks about the police really needing to have thicker skin, just because someone calls you a mother fucker or something like that does not mean you can get all high and mighty in response and retaliate against them,” said Walczak. “What the cases talk about is that police as professionals need to be more level-headed than the average person […] There are training programs that have been around for 20 years or more called Verbal Judo, which are designed to help officers learn to de-escalate situations. I know Pittsburgh Police Officers have that training; frankly it’s almost standard practice. What I heard on the tape was the exact opposite of that.”

Perry Malcolm told the Beaver Countian he still does not regret his choice of language from that day.

“I’m not a dummy, but I swear a lot,” said Malcolm. “I don’t find a problem with it, obviously they did because they were offended by it […] Who said bad words are bad? I think the reason curse words actually became curse words is because people from the higher money making groups wanted to distinguish themselves from the lower money making groups. If you allow words to hurt you they’re going to hurt you I guess, but they’re just words.”

Vic Walczak believes what he heard on the recording is evidence of systemic problems within the Ellwood City Police Department.

“All I have to do is hear this one incident to think this is a department that is in desperate need of good strong leadership,” concluded Walczak. “It’s also a department that is clamoring to get itself sued.”

Perry Malcolm’s Recording Provided To The Beaver Countian:

Excerpt Of Surveillance Video Of The Incident Released By Ellwood City Police To The Beaver Countian:

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John Paul
John Paul is the founder of the Beaver Countian. He reports full-time for the site, specializing in investigative journalism with an emphasis on public corruption.

120 COMMENTS

  1. Something tells me that Malcolm is a known local asshole with repeated run-ins with the Law. That being said…bad policing is scary! Tell him to take it up with the Judge and disengage. Police are human but need to be smart enough to “rise above” the insults of the asshole.

     
  2. Seriously, you hate the cops in this situation? This looser called the officer a fuckhead over a parking ticket but you hate the cops? Unbelievable.

     
      • I’m not a lawyer, but I think that his recording them without proper notification is illegal, and I don’t think he can use it in court. Even Law enforcement has to get permission from the judge for wiretaps, and their body cams are in plain view, not hidden from sight. If he had the recording device out in plain view, then its a different story.

         
      • Notherenotkidding — Conversations with police in the course of their duties are not private conversations,
        You have the right to videotape and audiotape police officers AND Government Officials performing official duties in public. It is not a violation of the Pennsylvania Wiretap Law to do so. That means you can record an officer during a traffic stop, during an interrogation, or while he or she is making an arrest. even if you are doing it surreptitiously
        http://caselaw.findlaw.com/summary/opinion/us-3rd-circuit/2017/07/07/279859.html
        Think of it this way, as you walk along a public sidewalk, you are being auto an video recorded or a daily bases by the business you walk by , do those business have your consent to record you ? do the police ask your permission to record you , (hint , you have no expectation of privacy in public )
        Recording Telephone conversations in Pennsylvania is illegal without both party’s consent to record, however i did read a case once from the Superior Court that ruled Public Officials have no expectation of privacy even while on a phone conversation, and a hand held device is different than a wired device , but i cant seem to find that particular case in my files to show you. but i will find it, it has intrigued me.

         
      • @notherenotkidding – Yes , you are correct. It is illegal to audio record someone without their permission. I am amazed your comment had 6 negatives and counting and you simply brought up a valid question. Don’t go against the flow, I guess. Something that I don’t know, though, I wonder if it is against the law to PUBLISH something that was obtained illegally. Uh-oh.

         
      • @Gray Squirrel, you bring up very valid points, and a good discussion about our points will unfortunately be lost in various postings, but here goes.

        My point wasn’t about filming a police officer, but more of one where as you watch the video, I didn’t see where Mr. Malcom announces he is recording the altercation, and he seems to hold, or keep his phone in a position as to keep it a secret that he is recording it all. In most cases, like traffic stops, interrogations, and even phone conversations, you are made aware beforehand that you are being recorded, or you can see the recording device in plain sight. Also, in most business there are posted signs alerting you to the fact that the property owners are using video surveillance. I as trying to make the point that you cannot go around with a microphone under your clothes, instigate a situation, or eavesdrop on a private conversation then use it against someone. If someone is openly filming, in plain view while something like this is happening, then there’s not much you can do about it.

         
      • Notherenotkidding The public doesn’t need to notify Police they are being recorded, Police are to be held to a higher standard in their actions , as the ole saying goes, Police an Government Officials work for us, the tax payer, we don’t work for them, we the tax payer want to know what they’re doing on our dime.

        UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
        BRIAN D. KELLY,
        Appellant
        v.
        BOROUGH OF CARLISLE;
        page 18
        Pennsylvania Supreme Court held that secretly recording a police officer in
        the performance of his duties did not violate the Wiretap Act.
        See Commonwealth v. Henlen, 564 A.2d 905, 906 (Pa. 1989).

        Smith v. City of Cumming, the Eleventh Circuit
        recognized a “First Amendment right, subject to reasonable
        time, manner and place restrictions, to photograph or videotape
        police conduct.” 212 F.3d 1332, 1333 (11th Cir. 2000), cert.
        denied, 531 U.S. 978 (2000). The court declared: “[t]he First
        Amendment protects the right to gather information about what
        public officials do on public property, and specifically, a right
        to record matters of public interest.”

        an the newest case of secretly recording police in the 11th circuit , Turner won a substantial award,
        Turner vs Driver Turner is known as the The Battousai on YouTube , he records police all the time, with them knowing an without them knowing , look up PINAC on Youtube, you will find numerous individuals recording the Police without notifying them, they’re being recorded . my personal favorite are , The Battousai, High Desert Community Watch , News Now Houston , Tom Zebra .
        there very interesting to watch,

        You an other might find this interesting http://blogs.law.unc.edu/falr/2012/11/25/photography-is-not-a-crime-the-year-of-the-citizen-journalist/

        Now as to The RO comment, he/she is partially correct , it is illegal to auto record a conversation on a WIRED PHONE without the other party’s consent, in Pennsylvania ,
        but simply recording a conversation someone is having while that person IS IN THE PUBLIC VIEW is Not Illegal , again, no expectation of privacy while in public.

         
      • @Grey Squirrel. It’s nice to be able to have a conversation, too bad other posters can’t be this civil, or as researched.

        On a side note, I did watch some of the videos from your posts, those types of situations are a whole other talk show, and unfortunately, we don’t have the time or space to discuss some of the points and counter points to them.

         
      • Notherenotkidding, thank you, I try to back up my comments with case law, i am far more familiar with firearms laws an case law, if you get me started i wont shut up. lol

         
    • The First Amendment to the U.S. Constitution protects free speech. Because of the Amendment, police officers generally cannot arrest people, nor can the government prosecute them, simply for what they’ve said,
      unless the person is inciting violence ,

      Miller vs U.S 1938- 1956 A Constitution Right CANNOT be converted into a crime.
      These patrolman escalated this situation to teach this guy a lesson, NOW the City’s (taxpayers ) going to pay .

       
      • Within reason. If there is no threat of bodily harm, violence or civil unrest, then yes, freedom of speech all the way. However, there does come a point to where the First Amendment defense is played too much, and used as a crutch for those who can’t control themselves and act in a civilized, professional manner. There are laws against disorderly conduct for a reason. There is the responsibility of being an adult and knowing better.

         
    • Adam I guess you failed to read the part where the state supreme court ruled it not illegal to swear in public…
      There is a long, and I stress long, line of Pennsylvania cases, including recent ones from the Pennsylvania Supreme Court, that say you can not charge someone with the use of profanity in public.

       
    • 5503. Disorderly conduct.

      (a) Offense defined.–A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

      (1) engages in fighting or threatening, or in violent or tumultuous behavior;

      (2) makes unreasonable noise;

      (3) uses obscene language, or makes an obscene gesture; or …

       
      • A law can never trump the Bill of Rights.
        And cursing at cops is considered freedom of speech.

         
      • Nathan Michaux you Sir are correct, however the key word of Disorderly Conduct is “Intent ”
        Let me us a little Kentucky Windage ( slightly astray ) here, I carry a firearm while walking for exercise , OPENLY for all to see, am i guilty of 5503 Disorderly Conduct , if I cause someone to be alarmed, annoyed by my presence in their neighbor hood , cause them inconvenience ? nope, its not my Intent, my Constitutional Right out ways , supersedes their delusional fears, an if a Patrolman was to stop me , Detain/Arrest me, I would have a field day , when the dust settles an smoke clears , i will have a Brand new Pickup truck paid for by his/her Department , Compliments of the taxpayer , however a consensual conversation with said patrolman is different, my freedom of movement is not being seized , but voluntary .

        Question- Do you believe its Illegal to flick your high beams to let other motorist know a Patrolman is 1/2 mile down the road at a speed trap? , if you do, you’re wrong, its freedom of expression , freedom of speech .

         
      • Nathan Michaux I posted my comment BEFORE scrolling down an reading , comments posted by you regarding Intent , i fall on my sword, you do have an understanding of Disorderly Conduct ” Intent ” an how a Court of law might perceive the action.

         
    • Matt Hogue, totally right: Disorderly conduct is a summary offense, too often used to make a quick buck for a town and not usually worth appealing; However, when appealed they can be thrown out all day long. Don’t fight police in the street, it’s there that they win but in court, a whole different story.

       
    • Disorderly conduct is not a city ordinance, it’s a state statute. Obscenity by itself is never enough, which is what you seem to be referring to, but obscenity done with the requisite intent in the statute (intent to cause public inconvenience, annoyance, or alarm) is. I’ve seen countless convictions under this statute.

       
    • Let me be clear, you aren’t wrong when you say you can swear in public and it’s not a crime because it is speech protected by the constitution. But you cannot make a blanket statement that you can never be prosecuted for swearing in public. There a nuances in the law, such as when cursing is threatening in nature or “obscene”. In either case (with the requisite intent) you can be charged. Obscenity has a specific legal definition which goes beyond the common layperson definition. Not all cursing is obscene language under the law. I’m just trying to provide some context. There are always two sides to everything.

       
  3. I still have the video of him slapping my smart phone outta my hand telling me it is illegal to record police. Handcuffing me unjustly. I’m not suprised he is still on the force. Takes one bad cop to ruin a force and it’s rep.

     
  4. That same officer is involved in a lawsuits against the town. He is suing the town for what the dead mayor said to him in 2009! This is a very corrupt town! We also have a police officer that raped a young woman back in 1993 and took a plea that erased his record after serving probation. He is now the highest paid officer making 120k a year!

    https://www.ellwoodcityledger.com/news/local_news/police-officer-files-discrimination-suit-against-ellwood-city/article_c808859c-5d03-11e7-9256-b3606f266853.html

     
  5. Yeah ^^ magnifico is a loose cannon I feel. Im not defending malcom or anti police but strongly disagree with police violating a citizens civil rights or using excessive force. I had my lawsuit years ago and won but can’t disclose it. I will say this though. Some of these officers need to not bring their personal issues to work and feel they should have a pysch evaluation warranted every so many months or years.

     
  6. Ambridge is known for doing this too. I got arrested for telling Mann to “go fuck himself, and have a good day”. In front of about 6 other cops. Anyone who knows him, knows his temper. He wasn’t gonna let some little girl with a big mouth talk to him like that. By the time I was released, I ended up in the hospital.

    I love how cops can just make up laws, like there ain’t people watching.

     
  7. According to my understanding, he was charged with disorderly conduct, correct? If you watch the video, he sounds argumentative and combative from the start. If he was wronged or being targeted, he could have fought the ticket in court, not return it to the station. The legal definition of disorderly conduct is “Disorderly Conduct Laws. Almost every state has a disorderly conduct law making it a crime to be drunk in public, ‘disturb the peace,’ or loiter in certain areas. Since the statutes are often used as ‘catch-all’ crimes, many types of obnoxious or unruly conduct may fit the definition.” It appears in his own video that he certainly earned that citation. As far the question of freedom of speech, there are exceptions to this freedom, and one of those exceptions is fighting words and offensive speech. “In Chaplinsky v. New Hampshire (1942), the Supreme Court held that speech is unprotected if it constitutes ‘fighting words’.[30] Fighting words, as defined by the Court, is speech that ‘tend[s] to incite an immediate breach of the peace’ by provoking a fight, so long as it is a ‘personally abusive [word] which, when addressed to the ordinary citizen, is, as a matter of common knowledge, inherently likely to provoke a violent reaction’.[31] Additionally, such speech must be ‘directed to the person of the hearer” and is “thus likely to be seen as a ‘direct personal insult'”. My family and I have recently moved to Ellwood from a much “rougher” city. It is nice to live in a nice, quiet town where my children can walk along the streets and not have to worry about gun shots. Whereas the police behavior could be labeled “unprofessional”, at worst, I am grateful for the safety they provide to the community, here.

     
  8. Do these officers have any training whatsoever.There supposed to be officers of the law and above such petty behavior.

     
  9. anyone else wondering why the tailgate was down in the first place? i know it said the latch wouldn’t work to get it back up but why was it down to begin with? I’m not arguing any side of this case just a thought. ….

     
  10. I can see these police officers at home.If you don’t like what you are hearing from your FAMILY members just pull out your taser and just keep giving it to them until they under-stand your the BOSS. I bet it will even work on your pets.RESPECT IS EARNED.

     
    • John Q , was thinking the same today at work, while laying brick, the thought hit me, ” better call Benyo “

       
    • He’s a scammer told me if I gave him an extra couple bucks he could get my case thrown out and he did spilt it down the middle

       
  11. It’s Amateur Hour once again in Beaver County. The guy sounds like a complete A-hole so what did he expect would happen. I will say that it is troubling to think that two trained Police Officers are unaware that they can be subjected to foul language and charges cant be filed. We live in a very Liberal society and extremely Liberal State so although everyone should know not to speak to Police officers in that manner, it is legal to do so. I would say for both parties involved that you get more flies with honey than with vinegar. Conduct yourself the way you want to be treated and a miracle usually happens……….People are nice to you.

     
  12. Poorly trained good ole boys enforcing the law as they see fit. Poor supervision and obviously little or no oversight. Friends and family of the “Wolves Club”? Are we still talking about Ellwood City? Holy shit, I thought this was about Beaver, Aliquippa, Hopewell, Beaver Falls, etc. When are the Chiefs of Police of these departments and their supervisors going to get a clue and ENSURE that they are “Properly trained” by a certified trainer, not one of their own. This happens all too frequently where a possible great police officer gets piss poor training by another who learned bad behavior from his predecessor. A vicious cycle that leads to confrontation and abuse of authority in too many situations. This guy was obviously looking for trouble and found it that day. HOWEVER, this does not condone lack of self control and poor knowledge of PA codes by officers involved. ANOTHER lawsuit to follow and another bill for the taxpayers. I can’t believe it’s that hard to find honest, educated police with a good ethical makeup. Local police forces are governed by members of a police committee to vet prospective candidates. If an average untrained citizen is involved in determining who is qualified to be a policeman we are in deep trouble. AGAIN, it’s the good ole boys and the local yokels taking care of “friends and familia”. That is the root of 90% of the problems in this situation, Beaver County and others. Again, why are their fellow officers not speaking out. Rape, assault, etc! I find it incredible that they are on the force no matter what the judge says. They defile the reputation of their cities, boroughs and counties and bring excessive costs to taxpayers for situations that can be de-escalated per the City of Pittsburgh Verbal Judo. Get a clue!

     
  13. I think it will be helpful to have the James Cicco federal civil rights trial underway to focus on this kind of thing. Cicco seemed, as per the dashcam video, and testimony, to offer much less, if any, provocation to the cops than this guy. The damages sought of $375,000, plus lawyer fees and court costs, could mean a half million dollar hit for the Beaver Police Department (their insurance carrier, that is). It could lead to internal evaluations of confrontation techniques for local departments. How widespread is this?

     
  14. With growing concern of citizens over police misconduct I fear anarchy is coming. If the officers do not educate themselves on the law as written and not as they interpret it hiding behind a badge we are doomed. Stock ammo and stand tall with the Second Amendment. It was not just written to defend ourselves against the federal government. It is to defend against tyranny at ALL levels. The American revolutions began by local bullies abusing their power and privileges as they interpreted the King’s Law. Once really pissed off, the chains of tyranny were broken and a great country emerged. Today, we are sliding into an abyss created by our own hand. Without good law enforcement there is no civilization. Take a quick look at what happened in Iraq after police and military rule was dissolved. Extreme loss of life and property. Police officers must say enough is enough and we want to be better trained and respected again. Respect does not come with the badge, it is to be earned by a trustful public.. Not one cowering in fear of authorities.

     
    • Some of these guys seem to be carrying two Cop Manuals on the dash, “Normals” and “Assholes.” Sometimes they reach for the wrong one. As far as I know, though, “Assholes” is not a separate category for the rules of law, even though it’s easier to enforce.

       
  15. First, thank you to the good police officer, I know they are out there. Now for the bad ones, just remember when you stop into Sheetz to buy your donuts, the cashier makes more then you! Who’s stupid now?

     
  16. Two rules I live by
    !) Play Stupid games, Win Stupid prizes
    2) Never fight or argue with the guys who carry guns for a living….

    I think this could be a wire tap violation, recording voice without consent…but Im no philly lawyer

     
    • Already ruled on by the the Supreme Court in 2010 that we have the same rights as the media, covered under the First Amendment, that we have the right to film our Public Servants. Whether local, state or Federal.

       
      • zippo57
        UNITED STATES COURT OF APPEALS
        FOR THE THIRD CIRCUIT No. 09-2644
        BRIAN D. KELLY,
        Appellant
        v.
        BOROUGH OF CARLISLE; page 18
        Pennsylvania
        Supreme Court held that secretly recording a police officer in
        the performance of his duties did not violate the Wiretap Act.
        See Commonwealth v. Henlen, 564 A.2d 905, 906 (Pa. 1989).

         
  17. Its a problem everywhere… Officers want respect yet think they can disrespect citizens because they wear a badge… Its Mutual guys. Rise above the assholeism… No matter what job you have you are trained that the “customer” is to be respected regardless…Your job is to Serve and Protect… Who knows the persons dog could have died that morning and the citation was an added frustration… Grow up take things into consideration when dealing with people… Go back to Human Relations Training… If I recall a young boy in New Brighton was tased and killed due to poor judgement from police officers not being able to recognize the fact the kid was having an epileptic fit… There was no reason what so ever to tase him… Case in point there is no reason what so ever to bring a K-9 out during a traffic stop… In my opinion all Police Departments everywhere should be retrained and trained again on exactly what their job is and how to handle situations… Sure wouldn’t hurt any… No offense cops but hey how much money are the taxpayers going to have to pay due to your poor decision making..Learn what constitutes force and what doesn’t…Dont you have to go thru target practice training where you have to determine whos a threat and who isnt. You use excessive force inflict pain shoot people just because they call you an asshole??? Well if the shoe fits wear it…

     
  18. I think both sides we’re wrong, sounds to me like that guy went there to be a smart ass and provoke the cops and the police were definitely in the wrong for the way they handled him, you’ve got to have thicker skin than that to do that job and if someone swearing at you gets to you that much your in the wrong profession

     
  19. Taking photographs and videos of things that are plainly visible from public spaces is your constitutional right. That includes federal buildings, transportation facilities, and police and other government officials carrying out their duties. Unfortunately, law enforcement officers often order people to stop taking photographs or video in public places, and sometimes harass, detain or even arrest people who use their cameras or cell phone recording devices in public.

    https://www.aclupa.org/issues/policepractices/your-right-record-and-observe-police/taking-photos-video-and-audio/

     
    • Did anyone else notice at the end of the video that has sound, Officer Magnifico says he is going to go speak to the ‘idiots filming us’ …and then he proceeded to walk towards 6th Street.

       
  20. ACLUPa.org
    The American Civil Liberties Union of Pennsylvania filed a federal lawsuit on May 12, 2010, against the Mahanoy City Police (Schuylkill County) for issuing a disorderly conduct citation to a Pennsylvania man for using profanity. The ACLU argues that profanity and profane gestures are constitutionally protected speech.

    In December 2008, due to snow, Mahanoy City resident Matthew Walters double-parked his car outside the pizzeria where he worked delivering pizza. When Walters noticed a police officer writing him a parking ticket, he expressed his dismay and called the officer a “fucking asshole.” According to the complaint, Walters was then cited with disorderly conduct for use of obscenity, arrested and briefly jailed. He was later found not guilty by a district magistrate, after taking the day off without pay to defend himself.

    Despite their illegality, disorderly conduct charges for use of profanity are common in Pennsylvania. The ACLU-PA has successfully defended about a dozen individuals against them.

     
  21. I decided to listen to the whole recording. Wow. Bad stuff. Crass ignorance from the cops. They said everything except, “Go ahead, make my day.” Lawyer up, and get in line behind James Cicco.

     
    • And the guy who walked in to the police station acting like a complete and total ass has no responsibility in this situation whatsoever, correct?

       
    • And the Raven still speaks (despite his previous statements that he was “done here”). Off topic but I am curious, what do you think of Egley’s latest position? (“Beaver County Commissioner Sandie Egley supports probe into YDC sale in Lawrence County” )- read the article. Is worrying about an issue outside of our county, while we have no shortage of our own, and taking the side of the Islamophobes, good judgement? And btw, we’re still waiting to hear what wonderful bounties will be bestowed on our county from her taxpayer funded fanboy fest in Washington.

       
      • Why all the attacks on Raven here lately? I DO NOT agree with a lot of the opinions expressed but that is no reason not to engage in dialogue that is civil and intelligent. Can we try and debate without name calling and silliness? If not go read the BC Times. Sources from the meeting were baffled that Davidson finally ask some questions from members of the court house but glosses over the Queens antics. Tom did a piss poor job trying to goad Egley into saying something anti Muslim which she in no way implied. His poor reporting is only exceeded by his total fear of the Queen who beat him into compliance a long time ago. I do not understand why the Times has anyone at the court house for the commissioners meeting. They report the old tired biased shit over and over to a dumb public that fails to ask questions or get involved. Contact anyone that may have attended the meeting and you will get the truth. Too bad the Times isn’t as concerned about real taxpayers’ issues like the bullshit with the hunting licenses, the tax mailing screw up, failure to ensure that the rich pay their share of taxes, and MOST OF ALL THE RIDGE FIASCO. The sooner that piece of shit rag goes under the better off the public will be. Do some investigating on ASSHOLE ASKAR, QUEEN CONNIE, VINCE LAVALLE, JOE SPANIK, MIDGET GUY, STONEWALL LOSER, BERNIE RABIK AND EVERY OTHER PERSON THAT WAS INVOLVED WITH THE RIDGE THEFTS.

         
      • The “done here” comment was meant for a particular article here, not the entire site. Reading comprehension is a problem in BC.

         
      • At no pint was islamophobia brought up or enter into any questions about the sale in Lawrence Co. Gt the facts straight. Sandie’s question pertained to why the governor who can’t balance a budget can intervene on behalf of inventors with questionable finances and motives to fast track a sale in 15 days vice the usually 45 day period which includes more time to investigate the buyers. Wouldn’t be the first group to try and buy real estate in this are without adequate financial resources (Comp/Ridge) which screws the taxpayers at the governors behest. Why the hell is he interested in this group. Check for political donations from questionable sources. Inept Tom Davidson tried to pull a gotcha moment on Sandie and she slapped the shot wide of the net. He’s been reading too many NY Times puff pieces. Where has the bc Times been for the last 20 years? Snoozing under a rock and kissing democrats asses. His vague verbiage about the game commission was not as stated also. Kind of twisted that to appear she was not truthful. They have serious ethical issues at the Times. They lap at Queen Connie’s ass and publish glowing reports as she plunders the county coffers with her ineptitude. ,Does anyone in their right mind think she was actually opening envelopes to help out? You are morons if you do.

         
    • Are you seriously coming to a blog’s comment section and asking for “dialogue that is civil and intelligent”!? Good luck with that. If voicing my opinion is an “attack”, well then so be it, I can live with that. And frankly, since you are looking for something “intelligent”, maybe you’d like to know that my “attacks” were never about Raven, but about Egley all along. The Raven was simply a conduit. If he doesn’t like that, he is free to change his name, ignore me, or simply no longer post. (or face the facts that Egley has time after time proven that her judgement is not up to par). And yes, we all the Times is nonsense, but are you saying they attributed a direct quote to Egley that she didn’t say?

       
  22. I love how we have a WHOLE BUNCH of lawyers and judges around here. I am sure that the supreme court has said it is NOT ILLEGAL. No seriously, don’t comment until you look it up. google: swearing at cops supreme court ruling

     
    • Apparently you do not know the Criminal Justice system very well… I am sure that there is more to the story. Pleading guilt does not even mean guilty anymore. It very well could mean… that maybe someone doesn’t have enough money or time to pursue fighting these crooked cops.

       
  23. His biggest mistake was being in Ellwood City. HAHAHA

    Local loudmouth goofball confronts small town hardass cops on Dead End Street in Shitville, USA.

     
  24. Someone PLEASE pull the plug on the Beaver County Times and spare us the humiliation of calling it a newspaper. It must be killed off quickly. Maybe the local Democratic party can buy it for a useless mouthpiece like Pravda or Granma. Print it in Aliquippa where it belongs, in the shitter. My high school paper had more hard hitting investigations in one week than the BC Times has in 20 years. Meaning relevant to local corruption aided and abetted by their false reporting and outright lies. Mostly distortions and half truths. Cancelled my subscription, join the boycott if you want real news that is relevant. Force them to become honest and unbiased or let them fail.

     
  25. WPXI had a segment showing the video and afterward an interview with Malcolm. Apparently this is not his first brush with the law, and my tarot cards predict it will not be his last.

     
  26. sticks and stones my break my bones,
    but words will never hurt me like this taser is gonna hurt you #tongueincheek

     
  27. On the topic of local law enforcement — I use that term loosely.
    Te rumours are swirling in Beaver? I haven’t seen the k-9 SUV around.
    Fired? On leave?
    A ploy to delay the inevitable? A ploy to stay out of the spotlight? A ploy to lay low until things blow over? You know until the insurance company makes an offer that Cicco can’t refuse with no admission of guilt and a settlement sealed up nice an tight.

    Anyone else notice the absence of Beaver’s number one liability and his four legged buddy?

    Anyone?

     
    • Nope. The cool half million in potential payouts seems to be having some effect. Maybe Hamilton is awaking from his coma. Not sure what, but probably a laying low of the Dynamic Duo. Not a cure, but at least we know the dog is eating Milkbones instead of flesh.

      Nice try at making people forget, though, Madgar. But this one is not going away any time soon, and there will be many of us who will gladly remind the public about PsychoCop as often as necessary.

      Possibly, as with other wayward cops, room is being made in another town police force, or the Sheriff’s Department, to absorb him at some future time. The cure is to create a “Lateral Arabesque” to make the musical chairs less obvious.

      A cop could kill someone in the area, and he/she would go nowhere far. It would just make the reshuffling of personnel talent a little more difficult.

       
  28. As an aside, the BCT refers to the BC as an “online news outlet.” Gee, does this mean that a “member of the news media” is not far behind?!

    “Perry Malcolm released a phone video of his encounter with two Ellwood City police officers last week to the Beaver Countian online news outlet.”

     
  29. ej: Ignoring you is easy. The point about Egley, though, is fully explained in the BC article I posted about her “joining” (being selected for) a committee. Read it again. The answer is there.

    And, if prematurely I said, “I’m out of here” in an article, then came back to make a relevant comment about something that was later said — what the fuck? So sue me. Who cares? Really, who gives a shit? If you don’t like me, don’t read my stuff. I’m not here to please anyone, especially someone obsessed with attacking me. Believe me, you are not the first, and you won’t be the last. This is just business as usual.

     
  30. As far as I see it, Raven is a well respected member of this community and I think he is very well informed thus his comments are always spot on.

     
    • I concur , very well spoken, articulate , conservative , refuses to stoop to the level of the ignorant , master of the English language , ( which i’m jealous of, i knew i should’ve paid more attention in English class instead of watching the cheerleaders practice ) an therein lays the problem, EJ covets the intelligence of the one known as ” Raven ” .

       
  31. You are spot on as usual John Q. EJ has a beef with Egley so be it. My question is where has he/she been during the last 20 years of total corruption , ineptitude and piss poor decision making by “career” politicians. Not pimping Sandi but she is a novice at this game. She will make mistakes but not of the egregious nature of the past hacks. That’s all I got to say. We’ll all get a chance to evaluate their performances and make informed decisions before the next election. Errors made while trying to improved our county I can live with. It’s the big ones that cost the taxpayers millions, clear impediment of investigations, obstruction of justice and total financial ineptitude I have a problem with.

     
  32. John Q., equalizer13, Mungo, Gray Squirrel, Wise Owl, Nikki, and others I am now forgetting (sorry), et al — I think you will agree that the quality of commenting here has vastly improved over the past few years. It has had an impact upon the subjects covered, and it has even had an inlfluence upon politics. For that, I say, “well done.” There are about 20 “regulars” who read the articles and offer their insights. Yes, we have a little fun at times, but there is no doubt about the dedication to making the content of the articles clearer and more personal to the readers. That does not mean that the hundreds of other commenters are any less important. The comment section has a life of its own, with its own internal checks and balances, and is a valuable addition to the BC.

    Occasionally, I get steamed when a person comes on here and tries a takedown of someone, just to have a pissing contest. Then, it’s a fair game exchange to snuff it out. But, soon things right themselves.

    Thanks for making this section what it is.

    And no, for the last time, I am not John Paul, Deborah Kunselman, a lawyer, doctor, Indian Chief or anyone else important locally, just an ordinary stiff who cares.

     
    • Well said Raven. I enjoy your comments and opinions for the reasons that you take your time, do your research, and your opinions are the most informative of all comments and opinions. In my eyes, you are the A Number One, Top Of the Heap contributor on this site. Keep up the good work!

       
  33. One request for Kirstin Kennedy of the Times, because I know you would not print it in the paper:

    Please, in the name of the many demented muses that hang out around failing newspaper staff offices, STOP WRITING! Have some pity for those who are forced to read your homespun drivel and bizarre Hallmark fantasy takes on every assignment you are given.

    YOU CANNOT WRITE, what you write is usually incorrect, and your fellow staffers are just being nice in their silences. Take a stab at children’s books, where fact is irrelevant, and your readers will believe anything.

    What the hell is going on in that paper, where every story begins with a maudlin homespun sentence that is phrased to make the kittens cry at the Humane Society?

    Jeeezzz…

     

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