Video Showing A Cop Breaking Deaf Driver’s Nose During A Traffic Stop
To see the video clip of the cop smashing Deaf driver’s face into the rear windshield, Video On Demand: Latest News Video | WFAA.com
It began with a routine traffic stop due to excessive speeding over one year ago. The Deaf driver, Christopher Ferrell, attempted to retrieve his wallet to show the identification card regarding his deafness. The officer, J.A. Miller misinterpreted the actions for a person reaching for his gun and reacted aggressively. He grabbed the driver, swinging him around and smashed his face into the rear windshield, breaking his nose. The driver was then forced back to his seat.
The officer was disciplined with two days suspension without pay. He is currently appealing his decision.
Without admitting any liability, the city paid the deaf driver 50,000 dollars to avoid a lawsuit.
In my opinion, two days suspension was too light a punishment. Admittedly the job of the cop is very difficult and the driver moving toward his pocket can be misinterpreted as a threatening motion. However, if you watch the videoclip closely. the driver already used sign language to communicate with the police and yet the police shoved his head against the windshield again. The movement of the hands should have given the cop a clue the driver is Deaf. There was no need for excessive force.
Confusion turns into violent traffic stop for deaf man | Latest News | WFAA.com
P.S. I was thinking about this from the POV of the cop. What if he had never received any formal training in recognizing this linguistic minority and really believed he was fighting for his life, a very legitimate concern among the cops….. Routine stops are extremely dangerous for the cops, resulting in fatalities from criminal drivers.
This should spur the city to start providing training about the Deaf drivers and ASL. Hopefully the deaf driver made it a condition for the pay out, like I did with the hospital settlement along with the supervision of DOJ. MZ
To see the video clip of the cop smashing Deaf driver’s face into the rear windshield, Video On Demand: Latest News Video | WFAA.com
It began with a routine traffic stop due to excessive speeding over one year ago. The Deaf driver, Christopher Ferrell, attempted to retrieve his wallet to show the identification card regarding his deafness. The officer, J.A. Miller misinterpreted the actions for a person reaching for his gun and reacted aggressively. He grabbed the driver, swinging him around and smashed his face into the rear windshield, breaking his nose. The driver was then forced back to his seat.
The officer was disciplined with two days suspension without pay. He is currently appealing his decision.
Without admitting any liability, the city paid the deaf driver 50,000 dollars to avoid a lawsuit.
In my opinion, two days suspension was too light a punishment. Admittedly the job of the cop is very difficult and the driver moving toward his pocket can be misinterpreted as a threatening motion. However, if you watch the videoclip closely. the driver already used sign language to communicate with the police and yet the police shoved his head against the windshield again. The movement of the hands should have given the cop a clue the driver is Deaf. There was no need for excessive force.
Confusion turns into violent traffic stop for deaf man | Latest News | WFAA.com
P.S. I was thinking about this from the POV of the cop. What if he had never received any formal training in recognizing this linguistic minority and really believed he was fighting for his life, a very legitimate concern among the cops….. Routine stops are extremely dangerous for the cops, resulting in fatalities from criminal drivers.
This should spur the city to start providing training about the Deaf drivers and ASL. Hopefully the deaf driver made it a condition for the pay out, like I did with the hospital settlement along with the supervision of DOJ. MZ
April 9th, 2009 at 8:20 am
The Fort Worth Police settled with Ferrell for $50,000 dollars to avoid a lawsuit that will come with a heftier price tag? Only $50,000 dollars? Who advised him to take this settlement, instead of going through the lawsuit that will speak louder to all over the country to stop mistreating deaf people this way? Now, Fort Worth will provide interpreters within 30 minutes? Oh Please!
That videotape shows more than ignorance towards to Deaf people, especially Ferrell was trying to use sign language. This officer was suspended for two days, and he is going to appeal for that?
What the heck going on? That is absurd!
April 9th, 2009 at 8:34 am
I agree that is too light a punishment! I think Christopher Ferrell filed a lawsuit against them instead of accepted money from the city because it will happen repeating. With lawsuit, it will change everything that Deaf people would feel more safe. Right now, it is NOT safe for Deaf people!!! I hope that the police department would require police officers to take Deaf culture, Deaf community and ASL courses.
Thanks for sharing the news with us!
Toby
April 9th, 2009 at 9:07 am
Amy -
I agree with you. Without lawsuit, then police department and/or the city think we are feeble or pathetic people that we are unable to fight against them. It isn’t right! They are so ignorant how to deal with Deaf people.
Toby
April 9th, 2009 at 9:09 am
The fort worth police department needs to work with the disability task force and its the management structure.
April 9th, 2009 at 9:11 am
White Ghost, I seconded!
April 9th, 2009 at 9:26 am
That is awful. I know one person that has a yellow sign on his car. It says, “I am Deaf.” It is letting the police or emergency responder know that he is Deaf. I am sure that it would have worked in this case, but we need to educate the police departments about sign language and Deaf culture.
April 9th, 2009 at 9:36 am
Wow. The cop definitely overreacted. Ferrell should’ve sued the hell out of the police department, instead of settling for a measly $50k.
April 9th, 2009 at 9:49 am
My opinion is that Mr. Ferrell should have kept his head down the whole time. He also shouldn’t even have tried to talk to the cop. The best thing to do is to always excessively cooperate with a cop no matter how stupid the cop is.
Then again, he got $50,000 I think he was more than fairly compensated for it. He was driving excessively fast and cops do not like that at all, especially in Texas
The cop was an idiot for basically telling the guy to shut up again and again after the guy clearly showed he was deaf. A two day suspension is deserved. At least, this was not as bad as the Dallas cop who held up a NFL running back’s family (Ryan Moats) while a relative was dying inside the hospital.
April 9th, 2009 at 9:57 am
I agree with a Deaf Pundit that the cop overreacted. It’s still no excuse for his misinterpretation.
And the deaf driver could use his gesture, “me deaf” and the gesture of the sign language instead of getting his wallet. The wallet can wait unless the cop asks for the driver’s license.
April 9th, 2009 at 10:03 am
You can sue that cop and Put cop into the court for what that cop did to the Deaf and cop was ingore that he is a deaf. You have right to sue that cop. You can show to the Judge and Have Judge see it .
Hope it will help you.
Mary Lou
April 9th, 2009 at 10:08 am
Anonymous, what good would it do to force someone to put its head down and then make the attempt to talk and expect the person to respond?
The cop already had broken his nose as soon as he slammed his head onto the trunk of the car. So what do you expect a person to do?
I generally respect the people on the force. However, we are seeing more and more cops who are becoming too aggressive in situations that doesn’t warrant any aggressive actions.
British Columbia is a good place to take a look at. It’s becoming a police state there. Police are seizing cameras and camcorders so they can destroy the evidence.
It’s disturbing to see how many cops like him are out there. I’m just glad I never had any bad experiences dealing with the cops.
I only had to deal with one on one occasion and he was quite friendly and I was pleasantly surprised to see that he was able to sign! What’s the odds of that happening?
Besides, I didn’t get ticketed. Only a generous warning since I was a new driver at the time.
April 9th, 2009 at 10:23 am
$50,000 is good enough for the Deaf driver (Going to the court is a waste and it is good that the city is liable for this) however I would like to see the cop to resign from his job, go back to the office work or even a long period of suspension without pay. His behavior is unacceptable.
April 9th, 2009 at 10:24 am
Mary Lou – it is too late. They already settled for $50,000.00. It is closed, but this case resonates around the world.
The cop should have been fired.
I remember someone selling warning card. It may have saved lives. But knowing Texas, there are too much ignorance going on.
We go out there and educate those cops to stop hurting us.
April 9th, 2009 at 11:00 am
That is a perfect example of “Audism”.
April 9th, 2009 at 11:14 am
Wow….
I viewed both video and story as well. The cop shouldn’t have pulled him out of the car while he pulled his gun out at the same time. I don’t believe the cops should pull any driver out of the car unless there are no guns in the cars. If he thought that deaf drive was reaching for the gun, the cop would have taken back step and put the gun to protect himself from the driver until the driver shows some form of I.D., then the cop would have put the gun down and motion him to get out of the car instead of pulling him out in excessive physical. That is where the mistake started with that cop. Also, the cop shouldn’t use very excessive force on the driver who doesn’t even have any weapon on him. That’s mistake number 2 on the cop’s part. He forcibly pushed him back into the car. That’s mistake number 3 on the cop’s part. That deaf driver’s mistake was trying to reach for his wallet to show his I.D. to show he’s deaf. Only one simple mistake.
Weigh in on their mistakes: Cop: 3 and Driver: 1.
The driver accepted the settlement without his lawyer’s advice. That is his mistake number one.
The cop is on two day administration’s leave. The police department’s mistake number one.
Will the police department go through sensitivity training right after that incident? I’m not too sure because that training may be too brief and not good enough for them to remember unless there should be a HUGE lawsuit which is already WAY TOO LATE since the driver accepted the settlement.
That sure does happen almost everywhere.
Insane Misha who still is delirious…..
April 9th, 2009 at 11:43 am
The cop’s obviously wrong here. It looked to me like he had said “get out of the car” (maybe said it a few times) but of course Ferrell didn’t respond or follow, being Deaf. So the cop dragged him out, which might be ok, but should have tried gesturing him to get out first, and of course immediately slamming his face on the window was uncalled for.
We don’t know if his lawyer advised him to take the settlement or not. A lawsuit would have gotten more attention to the problem, though.
April 9th, 2009 at 11:58 am
[...] pay and the city wouldn’t have pay him 50,000 to drop the lawsuit if it wasn’t that bad. more info [...]
April 9th, 2009 at 12:31 pm
Response to Banjo:
—————
Banjo:Anonymous, what good would it do to force someone to put its head down and then make the attempt to talk and expect the person to respond?
—————
It does absolutely no good, but it is even worse to resist in any way or form.
—————
Banjo:The cop already had broken his nose as soon as he slammed his head onto the trunk of the car. So what do you expect a person to do?
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Play dead and do absolutely nothing. Let the lawyers deal with it in a court of law where there are no misunderstandings with interpreters present.
—————
Banjo: I generally respect the people on the force. However, we are seeing more and more cops who are becoming too aggressive in situations that doesn’t warrant any aggressive actions.
—————
Absolutely agree with this, but offering up the slightest resistance is not wise in this situation. The cop has the law on his side until you are in a court room. Until then, worship the ground the cop walks on no matter what.
As for those who think $50,000 was a bad deal, remember Dough Bahl. He got nothing in the end despite a worse situation. Yes, I understand the need to educate police officers and change the way police officers approach deaf people in general. However, it is up to the individual to weight the costs of going to court for a long drawn out lawsuit. You could get more, but your lawyer is still taking 40% then the IRS hits you up for 40% of whatever is left (assuming you suffered no monetary loss prior to the court award). I’d very much rather $50,000 up front without all the legal stuff. The cop has learned his lesson already, he may still be mean in the future, but he will be aware that a citizen could be deaf.
April 9th, 2009 at 12:58 pm
Ben….
I don’t believe that example is “audism”. I believe the cop is the most ignorant. If had the cop known that driver is deaf and still went ahead to pull him out of the car, and slam his face on the back windshield regardless, that would be a possible case of audism. I fail to see that. From my stand point of view, it is not the case of audism. It’s plain ignorant.
Insane Misha
April 9th, 2009 at 1:14 pm
For Christopher,
Don’t take 50 thousand dollars from Police Department. they take advantage of you.
Who is assaulted your nose were broken and cut,
It should be more than 1 millions for one small broken nose. and cut. That’s count assaulted or refused to cooperated with you. You did cooperated with him but not hear of what the cop say.
April 9th, 2009 at 2:07 pm
Again … It is a good news that city accepts the responsibility on behalf of the cop’s ignorant behavior. Going to court is too hassle — In my opinion. It is not about the $$ issue. It is about the everyday life that we have to deal with. We need to be heard. It has to be stopped. I would have sued the hospital because the security guard with his super egoism injured my thumb a five months ago. It is a partial torn ligament that has to be healed slowly — Anyway — As I was trying to sign and talk at the same time. (Right after the interpreter left for the other emergency appointment) He immediately assumed I am planning to attack him. He quickly grabbed and twisted my thumb. Whoa! It hurts! he kept talking over over — I wasn’t able to finish my conversation. I did filed the Disabled Persons Protection Commission (DPPC) and they took seriously. The hospital must be trained to deal with the Deaf and HH consumers in ER and different departments. As for me –Is it worth for me to sue the hospital? It is too hassle. I don’t want the money. My insurance covers it. DPPC takes care of this. The key is we must be heard.
April 9th, 2009 at 2:48 pm
Dino,
Again, Hospital and Police Department should training with deal frustrate deaf patient need to solve with their insurance or doctor refused to provider for ASL interpreter since it passed the law for long time.
Dino, you did right thing to reported Disabled Person Protection Commission about situation. Poor things you go through similiar with my case,too. They should pay for your thumb recovering and medical bills should pay by hospital for the staff abused you or as physical. Hospital should pay more than 50 thousand dollars to cover up with your thumb.
Otherwise, I don’t understand why you avoid to go court to fight more than 50 thousand dollars for their ignorance.
Give them embarrassment in newspaper as article about the security were wrong to restrained you for no reason while you were not finished communication.
April 9th, 2009 at 3:05 pm
Excuse me!!!! The Fort Worth Police officer should be in jail because he did abuse the deaf man. Like the law if someone abuse someone else and will put someone in jail then should be the same with the police who abuse deaf man.
For example: if husband who abuse his wife that lead arrest and go to jail for crime.
SO now look at police officer abuse deaf man and walk away! oh please! that officer should be arrest and fired from job.
My husband had experinced just like that in the past. He did filed complaint against that cop but he lose the case.
I want the USA police officers have to stop treat deaf like what the Fort Worth Police Officer did to deaf man. We all need to do something before it is getting worse in the future.
We all have to make motions new law to legislator at capitol to make sure all rookies at police academy take the disability course include deaf cultures and must take ASL class in order to meet gradutation requirement… If they fail no cop job for rookies, also for all police whose still in force on streetbeat must re-take the course test as if some fail the test then they have to go look elsewhere to find new job, not cop job, period!!!!!!!
Thank you for your time to read this message….
April 9th, 2009 at 3:17 pm
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April 9th, 2009 at 3:21 pm
That’s worrisome, especially if one is stopped after dark by a lone cop. The cop might have already become aggravated by having to chase you a long distance before you realized it and could be in a fighting mood at the slightest provocation.
I’d agree that being super-cooperative would be the safest thing to do…you’re being faced down by an armed man!
Hold up both hands in surrender. Point to your ears and shake your head. Voice “I’m deaf” as your deaf voice adds credibility.
The next thing the cop might ask is for your license, but point, do not reach for it. Wait for permission or let the cop take it himself.
Smile and nod your head, this is more reassuring to the cop that you are indeed being cooperative than a frightened scowl that he would read as threatening.
The cop doesn’t want to go through the bureaucratic hassle that comes from injuring or shooting you, so count on that to keep him calm.
Avoid getting angry yourself and you’ll most likely survive this encounter. Too many deaf have been killed by cops.
They are trained to act aggressively in order to keep control at all times, and to shoot first if threatened. Take no chances, they are dangerous.
April 9th, 2009 at 3:34 pm
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April 9th, 2009 at 3:44 pm
I rather file a lawsuit instead of accepting the settlement money.
I don’t even trust any cop.
April 9th, 2009 at 5:26 pm
Many police officers are trained to either physically overcome or shoot first, ask questions later if the person stopped for a traffic violation registers the least bit of behavior that is suspect. This is particularly the case with male drivers, as the majority of criminals are male and often carry weapons. So, a police officer is within his right to pre-empt what he was trained to recognize as suspicious behavior in order to protect himself. Mr. Ferrell’s behavior was interpreted as suspicious, not as a deaf driver’s behavior.
It is unfortunate that there is not some nation-wide program for the deaf to obtain light-reflective cards that say “I am deaf” with the standard logo of the ear within the circle and slash mark across it. Such cards would only be obtained at the DMV office, in order to certify a driver’s deafness, same as those who apply for handicapped cards must show reason for the card, with a doctor’s certifying letter or form. The deaf driver would present this card when he/she is requested for the driver’s license or to step out of the car after a traffic stop by a police officer.
It is also unfortunate that not all police departments obtain training to recognize deaf drivers and how to communicate with them. There is not enough awareness about deafness and sign language in many local law enforcement agencies.
That’s why I believe there needs to be a national program that implements the cards for deaf drivers and provides training for police departments to recognize the card and how to understand a deaf person’s behavior after getting stopped for a traffic violation.
April 9th, 2009 at 6:47 pm
Ann C,
I think you are accurate explanation about police should not assaulted or anything as similar in Seattle Police Department were fined after assulted teenager girl. One of most worsen I have seen the video. It is not matter who deaf or hearing person.
Here is the video you should not show your children. it is really violent by Seattle Police.
http://www.youtube.com/watch?v=D2ruc9FH7cU
April 9th, 2009 at 7:50 pm
1. The incident happened in 2007. Why it kept secret from the public until just now? Dallas Officer Robert Powell prevented Ryan Moats from His action was exposed within weeks, not almost two years. Eventually, the officer showed his remorse for his action, and he resigned. Why not Fort Worth Officer A. J. Miller does the same thing?
2. According to the local news, “He was suspended for two days without pay for rough handling Ferrell, and for bumping the back of his car. [Fort Worth officer A. J.] Miller is currently appealing this decision.” Why does he want to appeal? Two-day suspension without pay?
April 10th, 2009 at 8:16 am
I just read the article yesterday — The only full-time sheriff of the very small town in Texas tased his own wife at home. He officially removed from his job and got arrested. Kudos to his wife!
April 10th, 2009 at 2:27 pm
Steven, Wow. Good to let us know why the Officer Miller should loose his pay hours after he assulted and restrained him with back handcuff is barrier. I am glad they fined him and loose his pay hours. Too bad for him.
Ryan Moats is serious won! After he tried to tell the Officer he is deaf. Unbelievable! All of things excuse from Texas Police Department. That’s Lame of excuse! he thought Ryan have a gun in his pocket. he mean to show the licensce or business card for ASL interpreter.
Applaud him to stand up for himself being as human being
April 11th, 2009 at 11:11 am
[...] Posted by Jiro more info sorry to burst your bubble but when the driver accepts a mere $50,000 from the city, it’s because [...]
April 12th, 2009 at 3:14 pm
http://www.wfaa.com/video/wfaageneral-index.html?nvid=350547
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April 12th, 2009 at 3:31 pm
http://www.wfaa.com/video/wfaageneral-index.html?nvid=350642
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April 12th, 2009 at 10:35 pm
Mishka Zena,
After I notice new video just coming new update,
Could not believe! I was kind of mad about the cop to use gun.
I think it is very “Obnoxious!! ” by cop. I cannot understand why the cop knew nothing about deaf people can drive the car which he did communicate with ear is not able to hear! Christopher Ferrel did signed to the cop. I cannot understand 100 % complete with Cop’s comment and can see why he barrier to Chris’ hand were barrier to not talk with him by ASL with handcuff first place.
it was lame of excuse and also it is determinate that cop failed to not training the rookie cop by Fort Worth Police Department!
Fort Worth police Department avoid to paid 50 thousand dollars which mean they don’t want to pay over more than 50 thousand. Christopher should recieved a 1 millions instead of 50 thousand dollars.
No way!! I pray Chris’ attorney will denied their settlement seem so low without settlement by judge. MORE than 50 thousnd due to broken nose and cut. Barrier him for not sign language to cop.
April 13th, 2009 at 4:38 am
The police apparently didn’t have any formal training to deal with Deaf drivers. Cops are trained to use guns if they perceive any threat to their safety. Traffic stops continue to be very dangerous, resulting in high cop fatalities.
The payout is final, since both the city and the Deaf driver have agreed to the amount. If Ferrell goes to the court, it’s possible he may end with less money, due to legal fees and jury’s decisions.
April 13th, 2009 at 6:29 am
MZ,
I dumbfound it is not seem right amount about his actions seem horrible!..
No wonder! ADA kind of irony to deaf community.
April 13th, 2009 at 6:35 am
I totally understand your reaction.
The problem is that ADA doesn’t have punitive damages, if I remember correctly, unlike Section 504. Very few states have created additional laws to address this shortage, but the majority of the states didn’t do anything about this shortcoming. Perhaps TX is one of them.
That’s the reason why discriminated disabled or Deaf people were able to get large awards from the juries whereby in other states, others received very small awards. Where you live really make a big difference, unfortunately.
April 16th, 2009 at 2:09 pm
The violent treatment of Ferrell was horrifying and certainly not necessary. But it was not because of discrimination. Everyone knows (or should know) that you never, ever REACH FOR ANYTHING during a traffic stop. Cops will always assume you are reaching for a gun and they will react with force to protect themselves.
After any traffic stop stay in the car, roll down your window and keep both hands in plain sight on the steering wheel. If it’s dark, turn on your interior lights. When the cop approaches then sign “me deaf” and if possible, say “deaf.” Once he understands this he will not feel threatened. The cop will always ask for your driver license and when he does, move slowly when reaching for it.
We don’t know how fast Ferrell was driving and how long the cop was chasing him or if he had been drinking. The cop could have been angry and ready to fight when he approached the car. So this is a lesson for all of us (deaf or hearing). Be very careful if you ever get stopped. No fast movements and don’t reach down for anything.
December 27th, 2009 at 12:14 pm
Wow, I know I’m late on this but after reading this I was reminded of the incident in 1999 (I believe) while living in WoodlandHills, CA. I had just had my hearing test and was told by the Audiologist that I have lost more hearing in both ears and I’m now Profound Deaf. I started to think how will people react to my Deafness and how do I fit in. Then while sitting in the living room feeling sorry for myself while watching the news I saw that an ederly man was assaulted by 2 teens at the mall and people called the police. When the police arrive the elderly man started to sign to the police officer indicateing he was Deaf when he was jumped by the police and arrested. He was charged with ” assault and trying to evade arrest” at the scene of a crime along with “flashing gang signs”.
I carry a card stateing that I am Deafwith me and when pulled over by the police I have a sticker on my car back window of a ear with the slash running across I point to it and they automatcially pull out a pen and pad.
We have to educate the Hearing or they will always be doing something dumb.
December 29th, 2009 at 11:55 pm
# 41 – John
Wow, Today, So far the cop often mistreated deaf person or more than one. I have seen many time. you did not know about Michigan deaf guy was also involved beat up by cop. it was common sense were failed to training the cops about being treat nice to Deaf. .NOthing change since.