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“Out of control” deputy under investigation in San Diego

July 1st, 2009 · 46 Comments

By Carlos Miller
How bad does it get when you have to call 911 on a cop who is responding to a noise complaint?

It happened in San Diego County last weekend when a deputy responding to the noise complaint appeared “out of control” with a “raged look in his eyes.”

And no, we’re not talking a house party filled with drunken teenagers but a political fundraiser attended by middle-aged people, mostly females.

Some of the attendees happened to be lesbians, so maybe that had an effect on San Diego County Sheriff’s Deputy Marshall Abbott, who ended up dousing guests with pepper spray, pulling out a stun gun and dropping a 60-year-old woman to the floor.

Abbott, 29, is now being investigated by the District Attorney’s Office. They should probably test him for steroids.

Before the chaotic evening was over, a police helicopter, canine unit, fire engine and several marked units responded to the scene to assist Abbott, who, of course, was in fear for his life.

Naturally, anybody attempting to document the deputy’s actions were also arrested, according to the San Diego Union-Tribune.

Seven guests were arrested for taking photos with a cell phone camera and talking back to an officer; most were released at the scene, they said.

The incident occurred in the home of Shari Barman and Jane Stratton, who are not only living in sin but happen to support  a democratic candidate for congress.

They had organized a fundraiser for candidate Francine Busby, a 58-year-old woman who is running for congress in 2010. About 30 people showed up.

Between 8:30 and 9 p.m., Busby was on a microphone trying to rile up her group of Golden Girls and Guys.

But a neighbor, most likely a republican, started shouting obscenities towards Busby from behind a wall.

He is also probably the one who called deputies complaining about the noise. Apparently, the Encinitas community of Cardiff-by-the-Sea likes to tap out early.

Shortly after 9 pm, Deputy Abbott entered the residence and asked Barman for her date-of-birth. Now we all know how sensitive some women get about their age, especially when they are 60, so she turned and walked away.

It is her house, after all.

Feeling disrespected, Abbott grabbed Barman’s right arm, twisted it behind her back and threw her to the ground.

When other ladies tried to intervene, Abbott began dousing them with pepper spray. Then he called for back-up.

Meanwhile, at least one lady called 911 because Abbott appeared out of control.

“He had a raged look in his eyes and his head was bobbing from side to side,” said Kimberley Beatty, who attended the event. She said she called 911 to report that the officer “appeared to be out of control.”

The result was a helicopter, canine unit, fire truck and eight squard cars rushing to the scene.

Barman was charged with “suspicion of battery on a peace officer,” as well as “resisting, delaying and obstructing a peace officer.”

Your tax dollars at work.

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46 responses so far ↓

  • 1 Rob // Jul 1, 2009 at 10:10 PM

    But a neighbor, most likely a republican, started shouting obscenities towards Busby from behind a wall.

    Come on, man, that’s hardly fair. The neighbor could have been upset that they were making a lot of noise that late in the day.

  • 2 Scott Chamness // Jul 1, 2009 at 10:11 PM

    Wow. Cause we all know that those 60 year old unarmed women are quite a physical threat to the 29 year old armed officers.
    This is bloody disgraceful.

  • 3 Bryan // Jul 1, 2009 at 10:27 PM

    It’s too bad steroid use with cops doesn’t get the kind of coverage it does with athletes…

  • 4 Ariel // Jul 1, 2009 at 10:30 PM

    Carlos, I’m a Republican and frankly you are really starting to sound like a political bigot. It was a noise complaint, she was using a microphone which is amplified through speakers for chrissake. What, only Republicans hate noise between 2030 and 2130?

    The heckling by a neighbor is a personality issue, he could have been an Independent or Democrat as far as you know. Hell, Fred Phelps of the Westboro Baptist Church is a Democrat. He fought Jim Crow, ran for office as a Democrat, supported Democrats for office, and is also a true homophobic nut-job bigot. I am really beginning to question your objectivity.

    As for the raid, Abbott’s likely opened a real can of worms for himself, and deservedly so.

  • 5 Carlos Miller // Jul 1, 2009 at 10:38 PM

    Oh for fucks sake. Please read the articles.

    The candidate, who has lost several previous bids for the seat, said she believed the initial call to complain about the noise was politically motivated. She and several guests said an unidentified heckler, who was shouting from outside the property, interrupted her speech.

    Barman noted in a weekend statement that the heckler disparaged her and gay people. The party hostess lives at the home with her partner, Jane Stratton.

    Three guests at the fundraiser said during a news conference Monday afternoon that the heckler shouted obscenities and called Busby a “three-time loser.” Those guests said the party was largely sedate with only a few cheers and Busby’s address.

    “The complaint about loud noise was falsely issued,” said Christine Nava, an Escondido resident who was staffing a reception table. “The only disturbance to the peace came from a heckler who was shouting obscenities during Ms. Busby’s presentation.”

    http://www.northcountytimes.com/articles/2009/06/29/news/coastal/encinitas/z8b3b17792ba875ba882575e400600776.txt

    http://www3.signonsandiego.com/stories/2009/jun/30/encinitas-8212-francine-busby-telling-supporters/?metro&zIndex=124869

  • 6 Rob // Jul 1, 2009 at 10:43 PM

    I read the article and it doesn’t imply that the heckler was a member of any political party. He could just as easily have been a supporter of another Democrat running for the same position.

  • 7 Carlos Miller // Jul 1, 2009 at 10:46 PM

    Well I implied he was a republican. Call me a bigot. Whatever.

  • 8 Kylie // Jul 1, 2009 at 11:25 PM

    Wow, I used to work only a few blocks from where this incident happened. I can tell you that, while they are nothing like a nightly occurrence, loud parties are definitely not unusual in that area. I even know of one party that had a live rock band playing outside until around 10pm, less than a mile from there. But I can also tell you that the neighborhood is in fact predominantly Republican, so it really wouldn’t surprise me at all if the noise complaint was politically motivated.

    What really does surprise me, though, is that Deputy Abbott arrived on the scene alone and proceeded to enter the residence without backup. I saw numerous traffic stops where the LEO didn’t hit his lights to pull a vehicle over until backup was in sight. Between that and some of the other incidents reported in the papers while I was there, I would have bet money that none of the cops these days would dare interact with/confront anyone without having backup on hand. And I also would almost bet that if this had happened in Oceanside (about 13 miles farther north) instead of Encinitas, he would have drawn his gun instead of using pepper spray, because I’m sure he would have felt even more threatened there!

  • 9 Ariel // Jul 1, 2009 at 11:29 PM

    Carlos,
    I did read the articles and I googled for more before I commented. The point is that the political motivation and the homophobia could have just as easily come from a fellow Democrat. There are plenty of homophobic, political-freak Democrats too. This is why many of us are calling you out on this one, you read something into it that wasn’t there because of your bias.

    Anyway, I’m not going to beat up on you anymore about this, other than to say you might spend a little time on introspection.

  • 10 Ariel // Jul 1, 2009 at 11:50 PM

    Kylie,

    While all that may be true, I doubt that this particular group represented a “fear for my life” situation. The group reacted to his violence, violence that he initiated because she turned her back to his “rude” question. Trust me, in that situation his question was tactless. And his action was inflammatory, not very smart given what you wrote.

    Unfortunately, I couldn’t find anything in the reports as to whether she told him she was going to get ID or not. A 50 year-old cop might have realized his lack of tact and asked her to get ID, to spare her broadcasting her BD. Again, an issue of people and social skills.

    Of course, if you have no respect for people then all you need is violence. Social skills are irrelevant.

  • 11 Pinandpuller // Jul 2, 2009 at 12:11 AM

    I read the article yesterday as well as a lot of the comments from the SD paper. Just based on the political clmate of SD odds are the neighbor is Republican -but that could be on the third tier of reasons why he called in a noise complaint.

    To be fair to Carlos though, this was a commentary on a news story so if he wants to add color or a bit ‘o snark so be it. No big deal.

    Now as to the story itself-it reminds me a bit of something that happened up in Seattle when a third party stirred up shit and a guy watering a roundabout ended up dead.

    Obviously it didn’t go quite that far but it got plenty out of hand. I guess part of what needs to be determined is under what circumstances this officer enter the lady’s home. Thank goodness she didn’t have any dogs.

    I’m sure jones is going to check in and say that the second anyone ignores a cop or questions why a cop wants to know something it equals a well deserved ass whuppin or pepper-spraying or tasering or clip-emptying.

    We’re waiting…

  • 12 Johny Rel // Jul 2, 2009 at 12:38 AM

    “Seven guests were arrested for taking photos with a cell phone camera and talking back to an officer; most were released at the scene, they said.”

    I did not know it was illegal to take pictures of pigs out of control. I wonder why.

  • 13 Kylie // Jul 2, 2009 at 12:46 AM

    Ariel,
    You’re right, he wasn’t very smart. And I’m sure you’re right that they didn’t represent a ‘fear for my life’ situation. But what I was thinking when I wrote about Oceanside versus Encinitas is how a culture of fear and a person’s perception of danger (real or imagined) can change how that person reacts in any given situation.

    The area of Encinitas where this happened is generally seen as a nice, upstanding, law-abiding community, while Oceanside is generally seen as a dangerous, crime-riddled community. There was even an LEO shot and killed by a sniper in O’side when I was out there. So, basically what I’m saying is that if this deputy found these people in Encinitas threatening enough to cause him to pepper spray them, I am betting it would have been a “fear for my life” situation in his mind if the same thing had happened with the same people in Oceanside rather than Encinitas. Of course, there is no way to prove that theory, or disprove it either. It is what it is.

    But regardless of whether my theory is true, I think that police and sheriff’s departments have been sorely lacking in teaching officers tact and people skills, and our rights as individuals are suffering for it.

  • 14 Ariel // Jul 2, 2009 at 12:53 AM

    Pinandpuller,

    Ahh, you’re right but you know some of us are just going to get snarky right back. :>) As for the term bigot, it really is just obstinately or intolerantly holding to a particular opinion or prejudice, which we all do in one area or another. I tend to ignore the connotation – its dismissive and abusive – and stick to the denotation, so no I wasn’t trying to hit Carlos with a Hookian epithet of abuse.

    As for the incident, one article quoted her as asking “why” he needed that question answered, so it seems it went into an immediate “contempt of cop” situation. That Police, even a minority, feel they never have to show even the slightest respect to other citizens by answering even the simplest question, that they have no need of social skills, no need to ever explain, because they are to be obeyed in all ways at all times, then we are well on our way to a police state.

  • 15 Ariel // Jul 2, 2009 at 1:16 AM

    Kylie #13,

    I saw your point but failed to even acknowledge it, my apology for the omission. I can empathize with cops that have to work areas like you describe, but I can’t sympathize when they embrace their “us v. them” mentality.

    One of the biggest mistakes made in this country was the, I believe universal, adoption of the one officer per unit. Not only are they left alone, they are left without the benefit of more experience or a calmer hand. Some things are false economies.

  • 16 Christopher Martin // Jul 2, 2009 at 1:31 AM

    “Shortly after 9 pm, Deputy Abbott entered the residence”

    And who exactly gave him that permission?

    You people are unbelievable at best. How in the world can you stick up for such violence from our “servants” to a party. Much less a party of old women?

  • 17 Ariel // Jul 2, 2009 at 1:34 AM

    CM #16,

    Who is “you people”?

  • 18 Christopher Martin // Jul 2, 2009 at 1:41 AM

    Ariel,

    I’m sorry. I responded before reading every response.

    Being a regular reader of this blog and by merely browsing the first couple of comments, I stupidly assumed that there were some pro-police comments. In which I felt there no place for them.

  • 19 Cam // Jul 2, 2009 at 1:52 AM

    I live in this area and they have been hiring young ex military. In my experience they don’t understand the idea behind “To Protect and Serve”.

  • 20 Ariel // Jul 2, 2009 at 2:46 AM

    CM #18,

    I wondered. I am actually pro-police, although it doesn’t sound like it because I am also pro-citizen (their use of “civilian” shows the mindset of which they really need to rid themselves). Its a balance that I think has gone sorely out.

    A lot of what I have seen and read shows me that many of the Police have developed attitudes, reinforced by misguided procedures and laws, that they are not accountable in any way to the public or for that matter the Law. You must be absolutely and immediately obedient to any order or even request, or you’re a criminal (right, jones) and then they’re justified in using overwhelming violence. This attitude, and these misguided policies, is an immediate danger to any law-abiding citizen who just wants to know why. Properly socialized people, not predisposed to ego-driven violence, understand this need and answer it. They have and use people skills to defuse situations, violence is only a last resort not the first, but the Police are standing this on its head. This makes them a danger to us and themselves. Nothing is more pathetic than a cop being hauled off by the FBI, a cop who finally realizes his superiors were lying to him as to who he really is and where his power actually ends.

    I think a Police force that ignores or rationalizes its own criminality, its own substance abuse, DV, sexual assault, violent assault, all of which run at a higher rate than the general population, is destroying itself from within. That is good for no one but the criminal in Blue. It eats away at the professionalism and humanity of the otherwise good cop.

  • 21 Ariel // Jul 2, 2009 at 3:27 AM

    Cam #19,

    Only one branch has the right attitude, and that is the Coast Guard. Unless it has changed in the 32 years I’ve been out, we were taught to respect, protect, and serve the public from the day we hit boot camp. The highest calling was to save another’s life. The cutter I was on suffered hull damage to get two badly burned crew members off a distressed freighter and close enough for an Air Force helicopter to evacuate them to the mainland. Three miserable days of high seas, high speed, walking on bulkheads, vomit, and spilled food. We were proud of our Cutter and our Captain.
    But I may be a bit bigoted on the subject, given the ROE for Iraqi veterans. They would receive the equivalent of a Captain’s Mast or even court-martial for some of what passes as appropriate police behavior in the States.

  • 22 genewitch // Jul 2, 2009 at 6:54 AM

    California doesn’t have “noise complaints” until 10 PM on weeknights, and possibly later on the weekends, at least not this far south.

    Seems that the escalation was unnecessary and was purely a matter of “contempt of cop.”

    shocking, i know. cause we never hear about this!

  • 23 genewitch // Jul 2, 2009 at 7:00 AM

    interesting that san diego doesn’t have the same laws as most of the suburbs of los angeles and parts of orange county:

    Police weren’t allowed on the property (especially IN the home) without suspicion of death occuring. probably in place to prevent cases where officers go into the wrong house and shoot the elderly/deaf occupants for not listening to the commands to get on the floor.

    I got picked up on a bogus warrant once, and they had me step off my property to arrest me.

  • 24 Tristan Phillips // Jul 2, 2009 at 7:27 AM

    Hey Carlos:

    Why do you bring your site down by playing politics? The article mentions nothing about political affiliation and yet you feel the need to denigrate potential supporters on your own personal bias. I don’t see why you had to do that, unless your goal was to lose support.

    Do you want to be another faceless political blog, or do you want to champion your issue regardless of a person’s party affiliation? Because it looks like you want to do the former and not the latter.

    As for calling you a bigot: you said it, not me.

  • 25 Kylie // Jul 2, 2009 at 1:30 PM

    Ariel #20,
    Well said. I think we are pretty much in complete agreement on this.

    Cam #18 is right about them hiring young ex-military around there, most of them Marines. Actually, I think that may be part of the problem, because the culture of the Marines, more than any other branch, seems to be “once a Marine always a Marine”, which would tend to add to that us vs. them mentality.

    Note to self: I wonder if anyone has any statistics on the military experience (such as branch of service and length of service) of cops in the US. Might have to do some research on that.

  • 26 Sydney Carton // Jul 2, 2009 at 3:31 PM

    Carlos is doing himself and his cause no favors by sliming his political opponents with needless accusations. If he wants to turn half the country against a worthy cause, he should keep doing what he’s doing. There are idiots in all parties, but his gratitutous slam implies that Republicans are advocates of that sort of behavior.

    And to think, I was dumb enough to be sympathic towrds him. Maybe I should re-think that.

    Carlos is too short-sighted to actually believe that Republicans can be decent people. Nope. To him, MOST LIKELY A REPUBLICAN would engage the police to shut down a party. If he was smarter, he’d avoid that crap. That he lets his political biases impeade his greater mission shows either that he doesn’t really believe in his message, or is blind to his own faults. Physician, heal thyself.

  • 27 Carlos Miller // Jul 2, 2009 at 4:29 PM

    Who would have ever thought republicans would be so sensitive?

    What’s funny is that if the roles had been reversed in this case, I would have said the same thing about the caller probably being a democrat. And I’m a democrat.

    Who gives a shit? I don’t represent every democrat out there. When I see my fellow bloggers make fun of liberals, I don’t take it personal. Sometimes I even laugh at the jokes.

    But whatever guys, if anybody is short-sighted is people like you, Sidney, who are unable to see the humor in my writing.

    Since starting this blog, I’ve been accused of being homophobic, anti-Semitic a bigot, anti-republican, condescending towards Southerners and, of course, anti-cop.

    I’m none of the above.

    And let’s be honest. The caller was a republican.

    Does that mean every republican out there would act in the same way he did? Of course not.

  • 28 Carlos Miller // Jul 2, 2009 at 9:10 PM

    Tristan Phillips // Jul 2, 2009 at 7:27 AM

    Hey Carlos:

    Why do you bring your site down by playing politics?

    Is stating the truth playing politics?

    Frankly, I’m pretty sick of a handful of republicans trying to mandate the editorial content on this blog.

    Every time I mention a republican in a negative light, I always hear from a group of whiners who act if I have suddenly turned into the Daily Kos.

    I’ve criticized democrats on this blog when the occasion rises and I don’t think I ever hear from whiny democrats.

  • 29 Carlos Miller // Jul 2, 2009 at 9:11 PM

    The whining on this thread makes it very clear to me that you guys would call the cops if you hear a neighbor is having a democratic fundraiser.

  • 30 NYCPhotorights // Jul 2, 2009 at 10:26 PM

    I wonder where that leaves hybrids like me – republican/libertarian on most business issues but democratic/liberal on most social/civil rights issues…

    At various times by whomever opposed my position on an issue I’ve been labeled everything from an anarchist to a communist, libertarian and liberal – can’t please everyone :(

    As for calling in noise complaints – I did use New York’s new hotline once to call in a noise complaint. The city decided to repair a broken storm drain cover at MIDNIGHT, breaking a new city noise code (keep in mind it was not an emergency – the cover had been in need of repair for 2 years). I called the hotline (311) and was told that I needed to report the violation to the NYC Department of Environmental Protection (DEP). I told the 311 operator that DEP was the violator! She not only could hear the noise loudly through the phone but could barely stop herself from laughing along with me about the irony and took the complaint…

  • 31 Ariel // Jul 2, 2009 at 11:22 PM

    Nope, never call on noise. I or my wife talk to our neighbors and have a good relationship, and my property is such that I have five properties, five neighbors, adjoining mine. The gay couple across the street throw the most parties and they let the neighbors know beforehand.

    I’m actually a bit like NYCPhotorights because I’m a classical liberal atheist and very much a believer in civil rights for the individual but not groups (I leave that to the racialists), few laws and small government is best, but that wealthy societies can provide social nets as largess for the common good. I do my best not to stereotype people by their group affiliation, one of my best friends was an anarcho-syndicalist and another a fundamentalist Christian (Jehovah’s Witness), all of which makes for great late night arguments with common ground often attained. I have also roomed with gays, gone to gay parties, gay bars, and my good, the one I treasured, friend in the Coast Guard was gay. My co-workers and friends considered me radical because they couldn’t stereotype me.

    As for whiny democrats, seen plenty on other blogs. What your doing is called selection bias based on you own stereotyping. There are nasty, intolerant, whiny Republicans and there are nasty, intolerant, whiny Democrats, the only difference is the subject matter. FYI, in my neighborhood the only political signs defaced or destroyed last Presidential election were the Republican ones.

    Carlos, this isn’t an attack. You have a good blog and your doing, metaphorically, God’s work. But you do have your biases too and some people have called you on it.

    We have feelings too. Sniff, sniff. :>)

  • 32 Carlos Miller // Jul 2, 2009 at 11:26 PM

    I might have my biases but they sure as hell didn’t come out in this article.

    If you can’t see it, I wrote this tongue-in-cheek.

    I like to make fun of the political process because both sides take themselves so damn serious, as evident on this thread.

  • 33 Scott Chamness // Jul 2, 2009 at 11:41 PM

    You know, I can’t even begin to tell you all how amusing I find this argument.

  • 34 Carlos Miller // Jul 2, 2009 at 11:43 PM

    It is pretty funny, Scott.

    If you think about it, it’s all over a four-word phrase I used in the 12th paragraph of this story.

    But a neighbor, most likely a republican, started shouting obscenities towards Busby from behind a wall.

  • 35 bj // Jul 2, 2009 at 11:52 PM

    Carlos, it may be funny to some and serious to others.
    It would not have mattered if you had said democrat, asian, black, white, brown or jew. The statement was made in such a manor to make it inflammatory. No where did it state this persons political affiliation (substitute race, religion or skin color). You did.
    That is why I think has raised peoples hackles.

  • 36 Ariel // Jul 2, 2009 at 11:55 PM

    Carlos,

    Sometimes tongue-in-cheek fails, only the writer recognizes it.

    I have a really, really dark sarcastic sense of humor, often self-depreciating, that I express in flat tones because I see the ironic, sardonic humor in my words and the world. Others wonder if I’m off my meds.

    I’ll try to remember your last words, because politics and those whose identity is politics, or believe all is politics, should be teased. But then again that’s dangerous, won’t they just ask for a law to stop you from offending them?

    My reaction to your words was a build up from other posts of yours. But still I don’t think you’re homophobic. :>)

  • 37 Carlos Miller // Jul 2, 2009 at 11:57 PM

    BJ,

    That is why I said “most likely”.

    You, of all people, should know that I just don’t report exactly what is said in the articles.

    I make my own interpretations.

    But I also make it clear to distinguish them, which is why I said “most likely”.

    If the article would have confirmed he was a republican, then I would left out “most likely”.

    Now if anybody takes that as an inflammatory insult, then they are taking their politics way too seriously.

  • 38 Carlos Miller // Jul 3, 2009 at 12:01 AM

    You know what else is funny. When I was writing this, I was expecting people to get pissed off at the part where I refer to these people as “Golden Girls and Guys”.

    I was figuring that somebody in their late 50s would take offense to the fact that I am referring to that age group as senior citizens.

    But so far, the AARP hasn’t raised a peep.

  • 39 Ariel // Jul 3, 2009 at 12:17 AM

    bj (and I won’t say it, I won’t),

    There were Irish who thought Jonathan Swift was serious with his modest proposal. A writer has to understand that sometimes not everyone understands him. A failure of both or one?

    Although with Swift’s “A Modest Proposal”, I really can’t understand how any Irishman couldn’t understand that Swift was really skewering the English big time. Ahh, “seasoned with a little pepper and salt”. The mouth waters…

  • 40 Ariel // Jul 3, 2009 at 12:18 AM

    Hey, I’m in the AARP and I resemble that remark. Cuz I’m not one of the baby boomers who thought I’d always be under 30. Being raised by grandparents and great-grandparents (long story no one would tell me) dissuaded me from that notion early on.

  • 41 Pinandpuller // Jul 3, 2009 at 3:35 AM

    I guess when we were kids some people played cops and photographers and others democrats and republicans…

  • 42 bj // Jul 3, 2009 at 11:06 AM

    Carlos, don’t get me wrong. I was offering an explanation of what I read – your post & comments.

    To me it would have funny if you would have said “most likely a RhINO” (republican in name only).

    :)

  • 43 bj // Jul 3, 2009 at 11:09 AM

    Ariel – bj (and I won’t say it, I won’t),

    You should have. I enjoy very “low” humor… :)

  • 44 Joe Canadian // Jul 4, 2009 at 2:22 AM

    You guys are hilarious, they mention in the event it was possibly politically motivated.
    He mentions it in an OBVIOUS tongue-and-cheek manor and you guys try to exploit that joke to further your own political insecurities.

    I was going to say pathetic, but I realized your just as offended by jokes so I figured I’d laugh.

  • 45 Dennis // Jul 4, 2009 at 10:14 AM

    The entire article was written in a very sarcastic manner.

    It’s obvious republicans do not have a sense of humor.

  • 46 Ariel // Jul 4, 2009 at 6:31 PM

    #44 & #45
    Reminds me of Ripley’s great line, “did IQ’s just drop sharply while I was away?”

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