Prosecutors have dropped the perjury charge against the police officer who arrested Sandra Bland, a black woman who was arrested at a traffic stop and later was found dead in jail.

The officer, Brian Encinia, only faced a single charge of perjury for lying during the investigation into the arrest. He agreed to surrender his officer license and never work in law enforcement again in exchange for the charge to be dropped. But the case will permanently show on his record.

In July 2015, Encinia pulled Bland over on a road near Houston, Texas, as she didn’t use her indicator when switching lanes. She said she was trying to get away from the police vehicle, as it had come up very close to her car and wouldn’t stop following her. When Bland was pulled over, Encinia asked her to put out her cigarette.

But she refused. In the audio from the dashcam footage you can hear how he violently pulls her out of her vehicle and slams her to the ground. She can be heard complaining about her wrist being bent to the point of breaking, and saying she can no longer hear.

Encinia also threatened to “light [her] up” with his taser gun. He also said “good” after Bland explains she has epilepsy. After taking Bland into custody, Encinia can be heard laughing and debating what he will charge her with–resisting arrest or assault.

It’s not enough. These officers need to be held accountable for murdering Black people. Anything less than that is unacceptable.

— Dr. SaVonni Yestanti (@SaVonniYestanti) June 29, 2017

Three days later, jail staff found Bland dead in her cell, hanging with a plastic bag around her neck. The official explanation was that she committed suicide. But her family has doubted that claim, saying that she had just gotten a new job and wouldn’t want to die. In July 2016, another officer claimed that officials tried to make him keep quiet about circumstances surrounding Bland’s time in jail.

The officer claimed he had seen marks on Bland’s forehead, and said that Encinia made up a charge of assaulting a public servant to justify why she would be detained for so long. After the dashcam footage was made public, Encinia was charged with perjury. He reportedly lied in a sworn affidavit in which he wrote that Bland was “combative and uncooperative” at the time of the arrest. But he never faced any assault charges.

No members of the jail staff faced any charges at all, even though they knew Bland had expressed suicidal thoughts before and had a history of depression. A lot of people do not think justice has been served, and Bland’s family has criticized the single perjury charge.

“We understand that this is far from a perfect solution, and that many people will feel that this is an inadequate punishment, while others feel that charges should have never been filed,” prosecutors in Encinia’s case said on Wednesday.

Rep. @GFColeman, author of Sandra Bland Act: “I’m sorry to Ms. Bland’s family for how poorly Texas has treated their loved one.” #txlege pic.twitter.com/DptVePBI06

— Chuck Lindell (@chucklindell) June 28, 2017

The one good thing that came out of this tragic case was the creation of the Sandra Bland Act, which Texas Governor Greg Abbott signed into law two weeks ago. The new law will require county jails to divert people that suffer from mental health issues or substance abuse to treatment. It will also require law enforcement to investigate any deaths that occur in jail. The law will go into effect on September 1.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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In a move that surprised probably no one, but saddened many, a Texas grand jury declined to indict any of the jail staff for the death of Sandra Bland. Bland, 28, was found dead in her cell at the Waller County Jail after being arrested during a routine traffic stop. While her death was ruled a suicide, the entire nature of the situation–the seemingly excessive force used during the stop, and the mysterious circumstances surrounding her untimely death–raised suspicions and criticisms. The grand jury will be meeting again to determine charges against others, including Officer Brian Encinia who originally pulled Bland over and arrested her, but many are pessimistic that charges will not be filed against him either.

Sandra Bland is another entry on a horrifyingly long list of Black Americans who have died at the hands of police officers or in police custody; the police officers or other officials involved in their deaths have overwhelmingly not been charged with any wrongdoing. Bland’s family has called the grand jury procedure that ended in no indictments a “sham,” and the family is moving forward with a wrongful death suit against state and local authorities.

It’s surprising, in a legal sense at the very least, that the grand jury didn’t find any wrongdoing on the part of the jail staff. The forms filled out when she was brought to jail do indicate that she was depressed and had exhibited suicidal tendencies in the past–that should have led to jail officials keeping a closer eye on her, per procedures from the Texas Commission on Jail Standards.

But there are multiple other instances throughout Bland’s case where strong arguments can be made that the law was broken–beginning with the traffic stop that landed her in jail in the first place. What happened during that stop isn’t so much at issue; video from Encinia’s dash cam as well as a bystander video has long been available to the public. The stop itself was seemingly legal–although there are certainly very convincing concerns about whether or not she would have been stopped in the first place had she been white–but Encinia’s actions after that point are questionable.

The stop quickly escalated into an argument over Bland’s cigarette that ended with Encinia pulling Bland out of the car and arresting her–yet that flies in the face of a recent Supreme Court ruling that states that routine traffic stops can’t be extended unless there’s evidence that the driver has committed another crime, or there’s a safety issue in play. So, the question of whether or not the altercation that led to her arrest stemmed from a legal action on her part will be one that the grand jury has to weigh in its probing of Encinia’s actions.

So, questions about Sandra Bland’s treatment certainly aren’t over, but the fear that Encinia won’t face any charges seems warranted. As Cannon Lambert, one of the attorneys representing the Bland family, stated “if he [officer Encinia] was going to charged, you’d think he’d be charged already. The evidence that they need is flat out on the videotape.”

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Sandra Bland was found dead in a Texas jail cell from what authorities believe was suicide. But friends and family of the victim are outraged, and claim that she had no reason to take her own life. The entire story of her arrest and subsequent death raise a lot of questions about her treatment in the justice system.

“I do suspect foul play,” a friend, Cheryl Nanton, told ABC 7. “I believe that we are all 100 percent in belief that she did not do harm to herself.” Bland, 28, had just landed her dream job, when she was arrested for allegedly assaulting an officer, police said.

On June 29, Bland drove down to Texas from Illinois to begin a new job with her alma mater, Prairie View A&M. On July 10, police stopped Bland just outside of the school’s campus for failing to signal while changing lanes. Police officers claim that during this stop, Bland became combative, and was thrown to the ground, arrested, and charged with “assault on a public servant.”

But, the recently released video from the policeman’s dashboard camera show that the stop that led to her arrest was anything but routine.

While Bland is being combative in the above video, she had plenty of reason to be. The situation escalated rapidly–but her questioning of the police officer was valid. In these situations, people sometimes say the best thing to do is be polite and respectful to police officers so they have no reason to accuse you of anything, but that shouldn’t preclude someone who is pulled over from asking questions about the reason why. This was not a routine traffic stop, and that is very clear. He was extremely forceful with Bland, to the point where you can hear her wincing at the pain he is causing her. The video below captures their interaction after he removed her from the car and it doesn’t seem to get better.

“After he pulled her out of the car, forced her and tossed her to the ground, knee to the neck, and arrested her,” says her friend Malcom Jackson.

In the second video, Bland is heard saying, “You just slammed my head into the ground. Do you not even care about that? I can’t even hear!” Then, as she is taken into custody, she repeats, “You slammed me into the ground and everything.”

Reports claim that jailers saw Bland at 7 AM Monday when they gave her breakfast, and again at 8 AM when they spoke to her over the jail’s intercom about making a phone call. She was found in her cell one hour later. Waller County Sheriff’s Office Captain of Patrol Brian Cantrell claimed that Bland strangled herself with a jail cell trash bag. CPR was reportedly done immediately, but she was pronounced dead shortly after.

Waller County Sheriff Glenn Smith, who made the first public announcement about Bland’s death, was suspended for documented cases of racism when he was chief of police in Hempstead, Texas in 2007. After serving his suspension, more complaints of racism came in, and he was fired from this position shortly after. Smith made his way to Waller County, where he was then elected as sheriff of Waller county. While this connection to her death is not certain, there are questions about the role that her race could have played in the incident. 

Bland’s family held a news conference last Thursday afternoon in the Chicago Loop, but no details have been released. They are firm in their belief that foul play is suspected, and looking for answers. “She was planning for the future, and she came here to start for that future, so to say that she killed herself is totally absurd,” said her friend Lavaghn Mosley. 

But her friends and family are not the only ones who suspect something is amiss. With the popular hashtag #WhatHappenedtoSandraBland trending on Twitter, there are several people wondering what happened to Sandra Bland in that jail cell.

Reporters are working around the clock tonight to find out if Sandra Bland's babysitter's boyfriend's cousin ever broke a law. #SandraBland

— JRehling (@JRehling) July 16, 2015

Dear white people, any of you EVER been pulled over for a lane change? Did you end up dead? #SandraBland #WhatHappenedToSandraBland

— Jessica Fish (@Fishica) July 16, 2015

Don't tell me that #SandraBland could be my sister, friend, mother. It is enough that she was a human being! #WhatHappenedToSandraBland

— Ntombizikhona (@valavoosh) July 16, 2015

You stay. You run. You submit. You resist. It doesn't matter. They will kill you anyway. Your skin is black. #SandraBland #BlackLivesMatter

— Amarlie (@marabout40) July 16, 2015

These questions make a lot of sense, and Bland’s story does fit into the continued narrative of #BlackLivesMatter, because it highlights the way that our society continues to treat Black lives as lesser than others. What needs to happen to ensure that all of our citizens are safe when in the hands of the justice system? After all, it didn’t matter how loud Bland screamed, because she still wasn’t being heard.

Angel Idowu

Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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