Michelle Cooks, a mother from Barstow, CA, had frightening encounter with local police and the incident was caught by the officer’s body cam.
The video starts with the officers speaking to another woman, who is white, about why she called them from the school parking lot. The first woman, who never identifies herself or is asked to, explained that she and Cooks got into a verbal disagreement over a parking space. The woman reiterates that she was frightened by their argument. An officer visually inspects the outside of the car and verbally confirms there was no damage done and that it didn’t seem that any crime had been committed. He then says he’ll go speak to Cooks but it is likely that it will be a case of she-said vs. she-said.
The officer approaches Cooks, who was eight months pregnant at the time, to get her side of the story and eventually asks her name. Cooks, refuses to shares her name on the grounds that it’s not mandatory but the officer rebukes her. She asks for a moment to double check whether or not she is legally required to and proceeds to make a phone call while the officer asks her how long the verification will take, insisting that he does have the right to take her name. Cooks tells the officer her name is Michelle and continues with the call as he continues to pester her about her surname. A few moments later, the officer reaches for her arms, and with his partner, forces them behind her back so they can handcuff her. Cooks screams that she is pregnant and begs them to let her go, at which point they roughly wrestle her to the ground, stomach down. She was charged with resisting arrest on January 26.
The city of Barstow, defended its officers in a statement, saying they acted properly. “It is apparent that Ms. Cook actively resisted arrest,” the statement reads.
At an April 23 hearing, a judge dismissed the charge due to insufficient evidence.
Jessica Price of the American Civil Liberties Union of Southern California, notes, “A lot of people are going to look at this and going to say there is some level of racial profiling and bias going on here,” Price said.
In an article on the ACLU website, Price goes into further detail:
“Cooks should not have been arrested for failure to identify herself.
A person who is not suspected of a crime has no obligation to identify herself. Even if an officer is conducting an investigation, in California (unlike some other states), he can’t just require a person to provide ID for no reason. The officer can ask for ID, but the person can say no. Cooks said no, and she was wrongfully charged with resisting a peace officer. With the exceptions above, California law does not require you to provide identification to police. What happened here was wrong, and if the Barstow Police follow the new training, it should not happen again.”
Price also notes, “It’s important to note here that if you do exercise your right to refuse to show your ID, an officer might arrest you. It would be a wrongful arrest, but it would be an arrest.”
Cooks recounts how terrified she was during the incident, telling CNN that she felt “like an animal, like a monster, like I didn’t exist, like I was not human.”
“I felt like he took her word over mine automatically,” she said. “He automatically assumed I was guilty. I was in unbelievable pain. I felt they killed my baby already.”
Cooks gave birth to a healthy baby girl named Olive in March. She is still traumatized by whole ordeal and wants to move away from Barstow.
– Colby C.