First a violent arrest, then threats of the psych ward: A Utah woman’s police horror story
A woman’s bewildering encounter with law enforcement in Ogden, Utah, quickly escalated when police tackled and arrested her for failing to show ID. When she refused a guilty plea, they threatened her with involuntary psychiatric hospitalization
Still image of Ogden, Utah, resident Darcy Layton being arrested by police on April 4, 2023. Body Worn Camera Courtesy of the Ogden Police Department
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Darcy Layton was pleasantly surprised with a free sweater and fruit from her local convenience store—but what she didn’t know was that a more sinister surprise was awaiting her outdoors. Without explanation, local police confronted Layton and ordered her to show ID. Police body camera footage reveals the officer got physical when Layton was slow to give her full name, and arrested her under questionable pretenses. Suddenly facing charges, Latyon was hit with another shock from police: if she did not accept a guilty plea, she would be involuntarily committed to psychiatric hospitalization. Taya Graham and Stephen Janis of the Police Accountability Report investigate the case and examine how it reveals the role of police in enforcing social boundaries by criminalizing mental illness and homelessness.
Production: Stephen Janis, Taya Graham
Post-Production: Stephen Janis, Adam Coley
Transcript
The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.
Taya Graham:
Hello, my name is Taya Graham and welcome to the Police Accountability Report. As I always make clear, this show has a single purpose. Holding the politically powerful institution of policing accountable. And to do so, we don’t just focus on the bad behavior of individual cops. Instead, we examine the system that makes bad policing possible.
And today, we will achieve that goal by showing you this video of a cop making an inexplicable arrest of a woman who was simply standing on a public sidewalk. A questionable use of power to detain and cage a person who had not committed a crime. But it’s an arrest which reveals the destructive consequences of over-policing and why cops need to be watched at all times. But first, I want you watching to know that if you have video evidence of police misconduct or brutality, please share it with us and we might be able to investigate for you.
You can email us tips privately at par@therealnews.com and share your evidence of police misconduct and please share and like and comment. It really helps us and it can even help our guests and you know I read your comments and appreciate them. And please consider joining our channel and if you click that blue fundraising button over here, you can make a huge difference to help keep us going. If you donate $75 or more or become a $10 a month supporter, you’ll receive an exclusive Real News T-shirt as a special thank you so please consider helping us. You never see ads here and you know we don’t take corporate dollars.
All right, we’ve gotten that out of the way. Now, as we reported on the show repeatedly over and over again, police power is often used in situations that do not justify it, but in fact call for entirely different solutions. There are incidents where people simply need the help of another human being, not a gun, a badge or a set of handcuffs and no use of police power is more indicative of our penchant for applying it to the wrong situations than the video I’m showing you now.
It depicts an encounter between Darcy Layton and an Ogden, Utah police officer that ended with horrible consequences for her and questions about how the department treats people in need at their most vulnerable moments. The story starts in Ogden, Utah in April 2023. There, Darcy Layton is experiencing what she’ll tell us later was a moment of personal crisis. Not violent, as you will see, or even alarming. She’s just dealing with the consequences of her tenuous housing situation and she’s struggling with the stress of it. She happened at the same time to be standing on a street outside of a 7-Eleven, which is a fact that will be important later. That’s when an Ogden police officer drove to confront her for reasons that remain unknown. Take a listen.
Ogden, Utah Police Officer:
Hey, excuse me. Hey.
Darcy Layton:
Hi.
Ogden, Utah Police Officer:
Hi. What’s your name?
Darcy Layton:
I’m sorry, I was kind of praying to God for a minute.
Ogden, Utah Police Officer:
Okay, no, that’s fine. It’s just the people at 7-Eleven don’t want you here so can I get your name?
Darcy Layton:
Oh, they didn’t tell me that [inaudible 00:03:01] been in there.
Ogden, Utah Police Officer:
Okay, well what’s your name? What’s your name? Hey, stop. Stop.
Taya Graham:
Now, you will notice as the officer exits the vehicle, Darcy was clearly standing on a public sidewalk, not on the property of a 7-Eleven. And as is her right, since the officer had not expressed reasonable, articulate suspicion that she had committed a crime, she had declined to identify herself and simply exercise her right and walk away, but the officer decided to pursue. Take a look.
Ogden, Utah Police Officer:
Hey, what’s your name ma’am? Ma’am, what’s your name?
Darcy Layton:
I’m okay. I just would go for a walk, I’m okay.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I didn’t shop with [inaudible 00:03:51].
Ogden, Utah Police Officer:
Okay, what’s your name?
Darcy Layton:
I’m going to go. I’m fine. I haven’t done anything wrong.
Ogden, Utah Police Officer:
You’re not leaving.
Darcy Layton:
I’m fine.
Ogden, Utah Police Officer:
You’re trespassing. They want you out of here.
Darcy Layton:
I am walking off the, wait, wait. I’m not trespassing. I’m on public road.
Taya Graham:
First of all, the officer has not established that she has committed a crime. Yes, as you heard, he accused her of trespassing. But given that she seems far removed from the actual property of the 7-Eleven, that is at best, a questionable allegation. Still, without any evidence of intent of a crime, he continues to try to detain her – watch.
Ogden, Utah Police Officer:
Come back to my car.
Darcy Layton:
I was on a public road.
Ogden, Utah Police Officer:
Come back to my car.
Darcy Layton:
Public road, public road.
Ogden, Utah Police Officer:
Come, stop.
Darcy Layton:
Let me go.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
What the you fuck [inaudible 00:04:30].
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fuck, fucking God. Oh my God.
Ogden, Utah Police Officer:
Stop.
Taya Graham:
Okay, so for some reason that I cannot conceivably justify legally he puts his hands on her and I will note at the time this occurred, she was not threatening anyone and she was in the process of leaving the area, as I will repeat, is her right. Therefore, the question at this point is why did the officer put his hands on her? What exactly is the crime? Take a look for yourself and decide if this use of force is justified.
Darcy Layton:
[inaudible 00:05:03].
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking stop, fucking God. Oh my God.
Ogden, Utah Police Officer:
If you don’t stop.
Darcy Layton:
Fucking hell.
Ogden, Utah Police Officer:
Get the fuck off [inaudible 00:05:17].
Darcy Layton:
Rick, you got a PP.
Ogden, Utah Police Officer:
Hey, don’t feel my leg.
Darcy Layton:
Rick you got a PP. God, damn you.
Taya Graham:
Before I weigh in on the legality of this arrest or what the law entitles the officer to do, at this point I want you to take a look at something that we see quite often when watching police body cameras, but rarely discuss, the way the officer initiates pain compliance. Now you can see how the officer bends her arm up into her arm socket. This is an extremely painful maneuver that can have lasting physical effects. Just recall our last show when Eddie Holguin was still suffering from the ongoing nerve pain of a previous arrest when the police arrested him again and caused pain in the same arm. Still, despite the risks, along with the obvious fact, Darcy is hardly a physically formidable detainee, the officer continues to press her arm up and into her shoulder, see for yourself.
Ogden, Utah Police Officer:
Stop.
Darcy Layton:
Fucking hell.
Ogden, Utah Police Officer:
Get the fuck off [inaudible 00:05:17].
Darcy Layton:
Rick, you got a PP.
Ogden, Utah Police Officer:
Hey, don’t feel my leg.
Darcy Layton:
Rick you got a PP. God, damn you. [inaudible 00:06:44] Fucking bullshit [inaudible 00:06:44]. God damn.
Ogden, Utah Police Officer:
Okay, give me your other arm. Give me your other arm.
Taya Graham:
Now, I really want you to think about what you’re seeing here. A woman pressed into the ground on the wet sidewalk, her arm dangerously pushed up into her back and is facing this physical duress for doing what exactly? What was the crime here? What was the threat to the public safety? A couple of 7-Eleven employees didn’t like her. Is that how we justify the use of force? Let’s just listen and see if the officer shares the particulars of the crime upon which he bases his use of force.
Darcy Layton:
Fuck.
Ogden, Utah Police Officer:
You’re being ridiculous.
Darcy Layton:
Don’t you dare, mother fucker. Fuck, your mother.
Ogden, Utah Police Officer:
Sit up.
Darcy Layton:
It’s okay, fucking your mother.
Ogden, Utah Police Officer:
Sit up.
Darcy Layton:
If you’re okay with fucking your mother. Fuck you, bullshit, [inaudible 00:07:36].
Ogden, Utah Police Officer:
Please stand up.
Darcy Layton:
Fuck Eddie. God damn it. Fucking, what is your problem?
Ogden, Utah Police Officer:
Come on.
Darcy Layton:
What did I do?
Ogden, Utah Police Officer:
Put your shoes on.
Darcy Layton:
What did I do?
Ogden, Utah Police Officer:
Let’s go.
Darcy Layton:
What did I do, please? What did I fucking do? You, God damn it.
Ogden, Utah Police Officer:
What did I do? What crime had I committed? A fairly simple question and yet the officer does not answer it. Now, instead, he ridicules Darcy and continues to implement pain compliance, a situation that only gets worse as he forces her into the patrol car all the while maintaining his silence about her alleged crime.
Darcy Layton:
Please, what did I fucking do? You God damn it.
Ogden, Utah Police Officer:
Stop. Stop. Do you have anything on you shouldn’t have? What’s your name? Huh? What’s your name? I’m going to add another charge.
Darcy Layton:
I’m sorry please be nice.
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Fucking bullshit.
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Please be nice. Who are you?
Ogden, Utah Police Officer:
Police, get in.
Darcy Layton:
Please, who are you?
Ogden, Utah Police Officer:
Get in.
Darcy Layton:
Who are you?
Ogden, Utah Police Officer:
Get in. Get in please. Can you put your feet in the car please?
Taya Graham:
I’m going to add another charge. Well, that’s interesting. For what exactly? Because you can’t have a secondary offense without an underlying crime to justify it, right, officer? So what exactly is the first offense that justifies the second? Because as far as I can tell you never really made clear what the initial reason for the arrest is. And let me say this as well, this particular arrest up until this point embodies many of the problems people endure when they push back on the state of law enforcement in this country.
This is why people don’t trust the police because so far the officer has been less than forthcoming about his justification for this violent arrest, and yet he has been more than articulate about his disdain for Darcy, which incidentally, is not a crime. In other words, you can’t arrest people that you don’t like. But still the officer persists and continues to refuse to answer questions. Just watch.
Ogden, Utah Police Officer:
Get in, please. Can you put your feet in the car please? It’s soaking [inaudible 00:09:57].
Darcy Layton:
I’m very hot.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I’m sorry.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
Ah.
Ogden, Utah Police Officer:
Huh? What is your name? What’s your name?
Darcy Layton:
I don’t know.
Ogden, Utah Police Officer:
Huh?
Darcy Layton:
I’m sorry.
Ogden, Utah Police Officer:
What’s your name?
Darcy Layton:
I just kind of daydreaming for a minute.
Ogden, Utah Police Officer:
Okay. What’s your name?
Darcy Layton:
I don’t know. I don’t remember. [inaudible 00:10:23]
Taya Graham:
But now perhaps the officer realizes that he has made an arrest for no good reason so he starts to make an accusation on body camera, the one that seems problematic, if not impossible. Take a look.
Darcy Layton:
I’m sorry I fucking [inaudible 00:10:39] myself I didn’t mean to you.
Ogden, Utah Police Officer:
Lean your up a little bit.
Darcy Layton:
Am I dead?
Ogden, Utah Police Officer:
Why did you scratch me? Did you bite me?
Darcy Layton:
They drowning me in the fucking hole.
Taya Graham:
Did you bite me, seriously? This is what we like to call body worn camera performance. You know, I don’t have reasonable articulable suspicion or probable cause to make an arrest, but what I do have is the ability to perform my own version of stop resisting on body worn camera to justify any actions that might not meet the actual legal threshold for putting someone in handcuffs. Now, I’m not going to review the entire video, but here are a few excerpts and you tell me when and where she had the opportunity or inclination to bite the officer. Let’s watch.
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The ICE Women in Law Enforcement feature section provides useful information about career tracks at ICE, employment benefits, upcoming recruiting events, application requirements and an overview of the agency. Visit each month to learn how to become a law enforcement officer at ICE. Upcoming topics include DHS Hiring Fairs, Police Week, webinar schedules, new job postings, current and retired ICE law enforcement officers, women serving their communities, and women in the Department of Homeland Security. Follow #ICEWomenWork on Twitter to keep current on women in law enforcement.
Professional career advice
ICE Homeland Security Investigations (HSI) Special Agent Aegeda Fountaine offers practical words of career advice to aspiring law enforcement professionals. Special Agent Fountaine works with HSI in Houston, Texas. She is involved in a variety of criminal and civil investigations involving national security threats, terrorism, public safety, drug smuggling, child exploitation, human trafficking, financial crimes, and identity fraud. In addition, Special Agent Fountaine carries out the duties of a Certified Undercover Operation Program Manager. In this role, she ensures compliance and provides guidance on day-to-day operational and strategic decisions regarding undercover activities. She also coordinates activities with the Office of Investigations Headquarters, foreign offices and other agencies and reviews financial reports for proper use of funds. Special Agent Fountaine attended the Federal Law Enforcement Training Center as well as the HSI Undercover Manager’s, Operatives, and Fundamental Financial System Schools. She holds the Bachelor of Arts in Political Science from Southern University and A&M College, Baton Rouge, Louisiana.
Working with professional law enforcement women
ICE Homeland Security Investigations (HSI) Special Agent Allison Carter Anderson shares her experiences working with other female law enforcement professionals. She is assigned to the office of the Special Agent in Charge in Tampa, Florida. Focused on worksite enforcement investigations, she has also conducted narcotics and financial investigations. She is in training to become a coordinator for the ICE IMAGE (ICE Mutual Agreement between Government and Employers) program and also serves as a recruiter for her office in central and north Florida. Special Agent Carter Anderson began her career at Operation Alliance in San Ysidro, California where she investigated narcotics crimes and participated in several Title III wiretap investigations. She completed her special agent training at the Federal Law Enforcement Training Center in Brunswick, Georgia. Carrying on her family tradition of working for the federal government, she graduated from Florida State University in 2000 with a degree in History.
A day in the life of a female officer
ICE Enforcement and Removal Operations (ERO) Deportation Officer Ayeisha Ramirez describes a typical work day in the New York City Field Office as part of the Fugitive Operations Unit. Previously, she worked in both the Non-Detained and Detained Units. Officer Ramirez began her law enforcement career in 2002 with legacy Immigration and Naturalization Service (INS) as an Immigration Inspector at John F. Kennedy International Airport, and later as a Customs and Border Protection Officer performing duties in counter-terrorism response. In addition to her regular duties, Officer Ramirez serves as a Defensive Tactics Instructor and Special Emphasis Program Manager for ICE. She is a graduate of Wesleyan University, Middletown, Connecticut with a degree in International Relations and continues to donate time to her alma mater by participating in prospective student panels and alumni events.
Making the choice to work in law enforcement
ICE Enforcement and Removal Operations (ERO) leader Marisa A. Flores reveals why she chose the challenging field of law enforcement as a career. As ERO Acting Deputy Field Office Director, Los Angeles Field Office, Flores oversees and manages over 500 employees, 175 contract staff and an operating budget of $125 million. She previously held the position of Assistant Field Office Director in that office and managed the Criminal Alien Program, 287(g) Program, fugitive operations, detention and transportation operations, and detention management and compliance. After beginning her federal civil service with the Immigration and Naturalization Service (INS) as a mail and file clerk, Deputy Field Office Director Flores worked her way through the ranks as a student intern and deportation officer. She continued promotions as a detention and deportation officer and later as supervisory detention and deportation officer at ERO Headquarters in Washington, DC. She progressed to administrative management as Chief of Staff for the ERO Division of Policy and Communications and managed a budget of $21 million and a workforce of 112 employees. In 2010, she was promoted to Deputy Chief of Staff for Operations in support of the ERO Executive Associate and Deputy Executive Associate Directors, and assisted with the management of daily operations and procedures related to enforcement, detention and removal activity at headquarters and in the field. Marisa Flores is a graduate of the University of San Diego, where she majored in Spanish. She holds a Master of Forensic Sciences from National University.
ICE Trailblazers
ICE trailblazers Catherine W. Sanz, Rachel Cannon, Carol Libbey and Robyn Schmidt collectively possess the themes of the DHS Leadership Year that make exceptional leaders. They each earned the trailblazer title working in federal law enforcement at a time when few women had a presence in the field. Federal law enforcement employees today benefit from the work these individuals did, and continue to do, in breaking down barriers, destroying stereotypes and promoting equality for women, and all employees, at ICE and across the federal government.
