White PA Cops Tell Lies to Support Unlawful Arrest of Black Man Unwanted by White Manager @ Walmart. White DA Overcharged Him w/Felonies to Force a Plea, Incarcerate & Support White Supremacy

What is White Collective Power? In relevant part Aggravated assault occurs when the defendant does any of the following:

• Causes serious bodily injury to another and shows an extreme indifference to human life;

• Causes, attempts to cause or places the victim in fear of serious bodily injury and the victim is a police officer, firefighter, parole officer, sheriff, deputy sheriff, enforcement agent or correctional officer performing their duties.

Aggravated assault is a felony of either the first or second degree depending on who the offense was committed against. If it is against a police officer or firefighter, it will be a first degree felony. This carries a penalty of up to twenty years in prison. For all else, it will be a second degree felony. A second degree felony carries a sentence of up to ten years in prison.

From [HERE] and [HERE] On Monday, a video surfaced of a Black man being tased and violently arrested in a Pennsylvania Walmart after [white] people complained he was riding a bicycle around the store. The video has been widely circulated across social media, and some have accused officers of racial profiling and of using excessive force. The incident occurred around 6:30 Monday evening at Berkshire Square Shopping Plaza in Wyomissing, Pennsylvania.

The district attorney’s office said the storm-trooping white officers responded to complaints that a Black man, identified as Stanley Gracius, 37, was riding a bicycle around the Walmart store, playing loud music, and cursing at shoppers.

By the time officers arrived, the [white] manager of the store told them that Gracius was in the process of purchasing the bike. That is, if he had been previously asked to leave the store the workers must have subsequently changed their mind because they allowed him to make a purchase - so he was not trespassing.

Multiple witnesses — including the man who filmed the incident — say Gracius was spreading love in the Walmart and the music he was playing was a track by Demarco titled, Love My Life.

“The kind man was test riding a bike through the store while playing some music and telling random strangers he hopes they have a great day and complimenting them,” the witness wrote. “He was absolutely no bother to anyone.”

“He rode the bike to the cash register and paid for it after the cop said he was free to go,” the witness wrote, adding that once he told the cop to “have a nice day,” things took a turn for the worse.

According to the witnesses, once Gracius told the officers to have a nice day, they grabbed his wrist and started to arrest him.

“Walmart should have the video,” the witness said, backing up his testimony.

Disorderly conduct in Pennsylvania requires proof that a defendant by his actions intentionally or recklessly created a risk of causing or caused a public inconvenience, annoyance, or alarm. The statute has a specific intent requirement that may be established by a showing of a reckless disregard of the risk of public inconvenience, annoyance, or alarm. Commonwealth v. Maerz, 2005 PA Super 267.

When the white cops arrived did they have reasonable articulable suspicion or probable cause that the Black man was engaged in disorderly conduct?

When the cops arrived he was not engaged in any criminal activity. The manager said he was purchasing a bike when they showed up. Thus, there was no basis for the initial seizure and there was no reasonable and articulable suspicion to detain and arrest him. The 4th Amendment allegedly protects the people against unjustified detentions by the government [if you believe in such things].

At any rate, factual support for the allegation that the Black man specifically intended to create a risk of public inconvenience, annoyance, or alarm or cause harm is lacking. If he was flattering people and sending love then there appears to be no specific intent to cause public annoyance and alarm. In reality, he was just a NGHR who had to go because white customers were uncomfortable.

Police arrested Gracius, who they say was uncooperative and tried to reach for an officer’s taser. Watch the video for yourself - it is very unlikely that this Black man was doing anything other than trying to stop the cops from harming him by pushing the cop’s hand away as they piled on him on the floor - he is begging them to stop the entire time. The cops in no way seem to react like they are being threatened or in fear of serious bodily injury.

The videos show Gracius asking officers multiple times to offer a reason for his arrest, although a response is not audible. Gracius was then tased, slammed to the floor, and handcuffed before being escorted out of the store.

“Why are you doing this to me? I paid for my stuff! I have a receipt! Please stop! I didn’t do anything wrong!” Gracius can be heard shouting during the arrest. Said questions sound completely reasonable due to the fact that it seems he had not broken any laws.

Defense Attorney Kevin mahoney states, “most police officers will lie under oath in order to protect the fruits of legally questionable arrests or searches. To these officers, a “white” lie to prevent an “injustice”—the judge suppressing the evidence because of his interpretation of some vague constitutional precept—is morally acceptable. This lie includes fabricating the police report, lying to the prosecutor, lying to the grand jury, and lying to the trial jury. The lies sit easily upon these officers because the guilty receive the punishment they deserve. Defense counsel’s cross-examination at the hearing on a motion to suppress is part of the game. The officers are not so much lying, they reason, as matching wits against an adversary.”

‘Many police officers will exaggerate, bend, or reorder the facts, falsely attribute statements to the accused, or lie about what they observed in order to convict a person they believe to be guilty. Few officers will lie to convict a person they believe is innocent. (Of course, to the police, every innocent act points toward guilt.)’

Once outside, a video shows Gracius repeatedly telling officers that he paid for the bike, which he says he bought for his son, and that he has a receipt to prove it. As Gracius continues to ask why he is being arrested, one of the [Black] witnesses standing nearby can be heard saying, “Because you’re Black,” as others call the officers racist.

Soon after, Gracius is shoved into a police vehicle. The local district attorney, John T. Adams, has defended the officers’ actions, saying they “acted appropriately.”

“Based on our review of the incident, the officers of the Wyomissing Police Department acted appropriately when they arrested this individual who was causing a disturbance in the Walmart store,” he said.

The officers involved have been identified as Barry W. Moyer, Richard Karstien, and Joseph Klatt.

After the arrest, Gracius was booked into the Berks County Prison and is being held on a $2,500 bail. He faces multiple charges, including two counts of aggravated assault, disarming a law enforcement officer, two counts of simple assault, resisting arrest, defiant trespass and disorderly conduct/engage in fighting. His preliminary hearing has been scheduled for Aug. 6.

The dependent media has not bothered to conduct any investigation themselves or interview any other witnesses .

A protest has been planned for Wednesday afternoon at the Wyomissing Police Department. Protesters are also demanding that Walmart release store surveillance footage from before and during the incident, as some witnesses have said the store manager’s allegations against Gracius are false.