a day ago
Tire chirping ‘cop hater' sees police stalking complaint tossed
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The officer asked him to remove the documents from the envelope, but Everett 'declined to do so, several times, and so Cpl. Hebert, remaining by Everett's truck, removed the documents one at a time, and then tossed them back into Mr. Everett's lap.'
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Hebert then handed Everett a ticket. 'There was no overt aggressive, or angry, behaviour visible by either Cpl. Hebert or Mr. Everett.'
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Tossing the documents back into Everett's lap, 'which may have been born out of frustration, does not amount to conduct that could be considered a disciplinary violation,' said the decision.
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'We also have to bear in mind that Mr. Everett was live streaming the interaction, making this something of a performance piece, intended for an audience in a Facebook world.'
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Everett testified Hebert was 'stalking' him on June 14, 2023. 'He relates this to the idea that Cpl. Hebert saw him as a 'cop hater.''
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For his part, Hebert said he was patrolling Amherst's Mission Street that day, when he thought he heard someone call out to him from a social gathering beside Everett's duplex.
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'He reversed, and video evidence shows a woman quickly coming from the Everett side of the building, shouting at him,' said the decision.
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'She was angry about a traffic ticket that he had issued to her, saying that he had reported the ticket matter to her social worker. There was little interaction between Cpl. Hebert and the woman, and none with Mr. Everett who was apparently part of the social gathering.'
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While the two men didn't interact that day, Everett argued that 'the mere presence of Cpl. Hebert was improper, and was part of the 'stalking,'' said the panel's decision.
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'While Mr. Everett sees his minor (if any) involvement in a citizen protest in 2022 as making him a target, and subject to surveillance by APD, we disagree. There is no evidence that Mr. Everett had any prior involvement with the criminal justice system, or otherwise with APD. It seems very highly unlikely that Cpl. Hebert, or the APD, would have any interest in the activities of Thomas Everett. He hardly seems to be a crime figure, or even a 'serial protester,' if a protester at all.'
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The review board rejected 'any possibility of Cpl. Hebert targeting Thomas Everett.'
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Hebert 'had a valid reason to be on Mission Street,' said the decision, which notes he was looking for someone wanted by police.
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The panel also found 'there was no misconduct' relating to the chirping incident. 'We reject any suggestion that there was any targeting of Mr. Everett underlying that event. It was within Cpl. Hebert's discretion to respond to the actions of Mr. Everett on that occasion by issuing a ticket.'