ANTONIO DID NOT SPIT SAYS COPS!

UPDATE 01.12.12!!!

FREE BUEHLER!!!

The New Years Day incident in Austin involving police officers Robert Snider and Pat Oborski abusing peaceful citizens has reached nationwide media coverage. It all began with a DWI traffic stop in front of a 7-11, while the driver was out of the vehicle with police, the passenger Norma Pizana was informing her friend her rights. She is quoted in an interview "Yelling out of the car to my friend her rights is not interfering, it's telling her rights," said the woman.  "And sitting in the passenger seat, never opening the car door, I'm not harming myself, I'm not harming others."

Apparently officer Pat Oborski didn't like her shouting to her friend about her rights, so he approached her sitting in the car and warned her to stop. Antonio Buehler was parked getting gas at the 7-11, he and his friend were watching the driver perform a field sobriety test in heels. He was the designated driver that night and was driving his friends truck home from a party. Pizana continued her 1st amendment speech and was yanked out of the car violently, causing bruises on her arms and legs. At this point she began to scream for help, as she was being pulled up from the ground by her arms over her head.  

Shocked at what he saw, Buehler began to take pictures of the girl being manhandled by the two officers. Then officer Oborsky leaves the woman and begins to confront Buehler for taking pictures, "'What the hell are you taking pictures for,' or something along those lines," said Buehler. "My response was, 'I am allowed to. Public official in a public place.'" Then things turn for the worst as the officer accused him of interfering with an investigation (a charge that isn't listed against him) and began to push him in his chest. Buehler has his hands up in the air, seemingly complying but asking why he is being assaulted.

While  pushing Buehler's back over the tailgate, Oborsky declared that Buehler spit on him and then proceeded to take him down hard. It was at this point that Buehler said he feared for serious injury, the officer began to twist his arm back unnecessarily in order to inflict pain. Although he was complying and not resisting on the ground, he heard another officer state that he was going to taser him, he then yelled out "don't taser me". They picked him up and dragged him to the BAT mobile for a breathalyzer test, in order to pin some  DWI or public intoxication charge on him. Buehler states that while in custody, officer Oborsky told him that he was going to teach him a lesson for messing with the police. He was then charged with harassment of a public servant (a police officer), which is a third degree felony and resisting arrest.

Thankfully the police spectacle was being filmed by a witness from across the street using their cell phone. Miraculously, through public pleas across the internet, he was contacted by the witness and received the video from a post on Craigslist. The witness also stated that they are willing to testify to what they saw. It seems that the police are the ones getting a lesson about the power of smartphones and social media. They also learned that they can't judge people by appearances and that they should treat us <em>all</em> with respect when performing their duty. This serendipitous moment, could be the tipping point that will allow for positive change in Austin's police culture.

Antonio Buehler is a Westpoint graduate, Army Ranger and graduated from Stanford with a MBA. His philanthropic activities have focused on education and helping disadvantaged youth. He currently serves on the Board of Governors for the West Point Society of New York. Antonio covered Congressional Districts NY-8 and NY-9 as a Field Force Representative for the West Point Department of Admissions. Antonio coordinated all college fairs for West Point in the five boroughs of New York City.  He also served as a liaison for both West Point and Stanford University at various college fairs in New York City.  Previously he has served as Treasurer and board member of A Caring Hand, a New York based non-profit focused on child bereavement. Antonio ran a program to clothe children in war-torn Kosovo, volunteered at a Bulgarian orphanage, coached high school football in Germany, mentored children in the United States, and has sponsored three African children for the past eight years</em>.

Similar past behaviors of the police in different cases, lends credence to the theory that the problems at APD are more than a few bad cops, its institutionalized. The lawyer that Pizana retained went through something quite similar herself. Attorney Mindy Montford was arrested for public intoxication in 2009 after giving legal advice during a traffic stop to a friend who was driving. The false charges were thrown out by a judge, but the detective just filed it with another judge, got another warrant and started it all over again. This is called "judge shopping", and is a tactic they use to retry people in order to skirt double jeopardy. So it seems we have another instance of APD seeking to silence and arrest anyone that is trying to advise someone of their rights. Again, they made the mistake of messing with someone who could fight back and expose their corrupt behavior.

It also seems that APD has an aversion to citizens filming them. On December 4th, 2010, John Bush And Matthew Medina were arrested for not complying with a lawful order. The two activists were performing a cop watch that night and the arresting officer is shown at the beginning of the video grabbing Bush's arm. They continue to observe the officers from a distance and then that same cop comes up to him and demands that he leave. It's strange that he is so visibly upset about them, considering the other cops around seem not to care, because they are busy doing their job. The cop then tells Bush to go behind some pole, he complies but the officer keeps advancing towards him. The officer continues to close the distance while telling them to get behind a pole that they are actually standing near. Although they are clearly away from the location and not interfering, the officer decided to arrest them for not complying with a lawful order.The situation could have been handled differently by the officer, he could have diffused the situation by going back to whatever he was doing once the two backed up. Watch video of the incident, affirms citizens rights to film police officers performing their duties in a public space. The three judge panel also concluded that citizens have the right to gather information about public officials to protect and promote the free discussion of governmental affairs.

The First Amendment issue here is, as the parties frame it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative. It is firmly established that the First Amendment's aegis extends further than the text's proscription on laws "abridging the freedom of speech, or of the press," and encompasses a range of conduct related to the gathering and dissemination of information. ... The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles. Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting "the free discussion of governmental affairs.</blockquote>
The courts ruling makes it very clear that we have the right to film public officials in public, especially if you feel that they are abusing their authority. As pointed out in my interview of Buehler on <a href="http://www.americanfreedomradio.com/archive/Stranger-Advice-32k-010612.mp3"> Stranger Advice</a>:

"I'm very fortunate and blessed because I'm a Westpointer, a military guy, a Stanford MBA, people tend to give my story a listen, hey he's got credibility. This cop was wiling to send me to jail for a very long time just because he didn’t like me taking pictures. If I was a black or Hispanic male, or a white person from a very poor neighborhood, I think things would have turned out very differently.”

This is a very true statement considering the history of APD and their use of deadly force against people of color in East Austin. The Austin police department is currently fighting a lawsuit by the Carter family for wrongful death of their son Byron Carter Jr., who was shot dead as a passenger in a moving car. After 7 months, the debate still goes on due to the fact there isn't video evidence, and the testimony of events by police are questionable.

Buehler's story has been covered by the media very well to my surprise, local Austin news KVUE filed a Freedom of Information Act request for any other complaints about officer Oborsky. The media and others are also demanding that the on board camera video be released. The footage is apparently being held by the department because of their ongoing investigation. Buehler plans to take the case all the way to jury trial if he has to. He has also filed a report of police abuse through the Police Monitors office. Pizana has also stated to the media that she also seeks to file charges against the officers for abuse.

The public has rallied behind Buehler was launched in support of his heroic action, with many lending support in anyway they can. Others have stepped forward to tell their own stories of abuse, some that even involve officer Oborsky. A donation fund has been setup for Buehler, Pizana and the other woman driver, as well. This incident has been a catalyst for people to work together in order to take action against police abuse. The first court date for the Buehler and Pizana is on January 19th at the Austin Criminal Court building on West 11th street downtown. We will keep covering this case as it progresses.

Help support a driver who was coerced into a breathalyzer, a passenger who endured police abuse - and former Army Ranger Captain Antonio Buehler, who was fraudulently arrested upon questioning and photographing the abuse. This fund will be split three ways equally to help defray legal expenses for Antonio Buehler and two other victims of police mistreatment in an incident that occurred early New Year's morning in Austin, TX.

- Harold Gray (Stranger Advice Correspondent)

DROP THE CHARGES NOW APD!

Stranger Advice is committed to helping Antonio Buehler! 

Watch the video below to see why!

Footage courtesy of infowars.com

West Point graduate and Iraqi war veteran Antonio Buehler appears to discuss his harrowing treatment & arrest on New Year’s Eve in Austin, TX after he simply recorded video of what he considered to be police mistreatment of a woman being arrested at a gas station. Buehler gives his take on why he was arrested for ‘harassment of a public servant’ — a third degree felony after police claimed he was interfering with the DUI suspect already in the process of being arrested. He is currently gathering witness of the event– including those who recorded video– to build his case.

Antonio Buehler, 34, was stopping for gas on his way home early Sunday morning when he and his friend heard a woman scream. “We look over, and we see the cop violently yanking the female out of the car,” Buehler told KVUE. As seen on the video — taken by a cell phone from across the street — the woman had her hands pulled straight out behind her back. Buehler said, “It just looked extremely painful.”

Buehler began taking pictures of the scene, which caught the attention of the officers. Officer Oborski approached Buehler and accused him of interfering with the investigation before pushing him into the white truck seen on the video. Buehler was then taken to the BAT (Breath Alcohol Test) bus and asked to take a breathalyzer. Buehler was the designated driver that morning and had not been drinking.

According to APD spokesman, Corp. Anthony Hipolito, it was likely Oborski took Buehler to the BAT bus in order to complete paperwork on the DWI arrest. However, when Hipolito was asked to provide the reason Buehler was requested to take a breathalyzer he responded with, “I don’t know.”