David Ware Had Car Insurance
Little Doubt Left, Tulsa PD Traffic Stop Little More than a Car Jacking
Tulsa D.A. Kunzweiler is rapidly being fenced in by Kevin Adams, the defense lawyer appointed to represent David Ware in the police shootings back at the end of June in Tulsa.Adams filed a subponea demanding the training and disciplinary records of both Officer Aurash Zarkeshan and Sgt. Craig Johnson. Zarkeshan had claimed employment in the “waste management” industry, allowing the defense to question if Zarkeshan considered arrestees or citizens encountered during his duties as trash. That is a fairly common meme or joke among police officers and unfortunately it has a sting of truth to it for the career criminals, drunks, and addicts they tend to have to deal with on a daily basis. However it provided probable cause for Zarkeshan's record to be scrutinized.
Sgt. Johnson had brutally kicked Ware in the groin on two occasions during his attempt to force Ware to exit his car so the officers could tow the car. Ware had done nothing aggressive, taking the brutal punishment without raising a hand until he snapped and then raised a hand with a gun in it.
The right of citizens to self defense is long established and well grounded by SCOTUS decisions, both when an illegal arrest is attempted and when excessive force is used, force that might lead to serious bodily harm or death. Johnson stepped way over the line with the brutal stomps to the groin, there is zero doubt that a jury or an appellate court will find that to be true. And in doing so Johnson opened up his training and disciplinary record to scrutiny as well.
Complicating the mater for Kunzweiler is that Ware was not being arrested, nor was he being detained by the officers, in fact the officers made clear with their statements during the traffic stop that their only desire was to tow the car due to the tags being sixty days expired. Which is a problem; state statutes allow the towing of a car for expired tag only after 90 days expired and even that is optional.
Once the police overreach the law they are no longer protected by the law; what was a duty to submit by a citizen becomes a right to resist even to where deadly force is used to protect your Constitutional rights. Add to that the SCOTUS protected Constitutional rights to defend yourself from excessive force by police officers even if they are performing a legal act.
But those that defend even the worst police officers even when they are obviously caught in illegal acts would quickly point out that Ware didn't have proof of insurance and that allowed for the car to be towed. But as the evidence and the released videos showed, Ware did have insurance including ID cards showing the policy number and his drivers license number was printed on the casino receipt that explained the large amount of cash laying on his passenger seat.
Adams filed another subpoena this week asking for Zarkeshan's electronic records sent by OLETS (Oklahoma Law Enforcement Telecommunications System) which is the dash board laptop system that tracks all sorts of personal information on citizens including their auto insurance policy info, their date of birth, drivers license number, name, address, criminal records, and a host of other information. Along with that subpoena were copies of David Ware's auto insurance policy proving that the policy was renewed and updated to the replacement vehicle bought by Ware and carrying a dealer tag, issued on April 28th, 2020 at 12:52 pm.
The print out from the insurance company lists the last payment as of June 18th, 2020, about twelve days before the illegal car jacking. The policy did lapse on the 18th of July after the next monthly payment had not been made due to Ware being in jail.
The controversy is why Zarkeshan would have lied to Sgt. Johnson when he brought Johnson up to speed when Johnson arrived at the traffic stop. OLETS info is updated every single night, there is no doubt that Ware's record would have reflected a valid auto insurance policy that included Ware's drivers license number and the car's VIN number.
But we know now that Zarkeshan lied to his Sgt and we know why; he wanted to tow the car after finding Ware had a previous drug arrest. But Zarkeshan didn't have probable cause to search the car nor any statute that allowed the towing of the car.
Kunzweiler's case is rotten with problems. First the cops lied numerous times on the probable cause affidavit, lies that were discovered by the public once the three videos had been released. There was no execution style execution with Ware calmly standing over Sgt. Johnson and pumping rounds into the prone body. There was no calm walk away from the area. Zarkeshan didn't have to slam on his brakes as he claimed in the video during Ware's admittedly rude but perfectly legal driving maneuver.
Then the First Degree Murder charges, meaning premeditated, planned in advance, so different than the truth shown in the three videos. Ware was shown to be calm, non aggressive, never lifting a hand against the officers while being basically tortured in an illegal car jacking. Until the brutality had gone to far and Ware defended himself in a near expert manner. We see Ware brutally stomped twice in the groin, tazed and pepper sprayed multiple times, and only then did he reach under the seat for his gun, while screaming and panicking. Within a second of the last shot we see Ware screaming and running away from the scene. There was no premeditation involved in the shooting.
Nor is it legal in the U.S. to use excessive violence against a non violent arrestee. The court decisions generally state that the worst crime that can be filed is manslaughter. Not First Degree Murder. Not Shooting With Intent to Kill.
Even the Felony Possession of a Firearm after a felony conviction and the drug possession and the obstruction charge will almost certainly fail as the evidence found as part of the search of the car and apartment were illegal searches without a warrant or probable cause will certainly be tossed out.
From the beginning this case had the hallmarks of a classic appellate court case being overturned and protecting our precious Constitutional liberties. Tulsa is calling Zarkeshan a hero, flying him in on a private plane, when in fact he is the worst kind of criminal, that which uses the power of the state to overreach and stomp on civil liberties. Ware might well walk a way with a manslaughter charge and he has a high chance of walking away a free man. If you want to blame someone blame Zarkeshan for lying and getting his Sgt. Killed.
