Published on: Wednesday, January 27, 2010

By Brian J. Karem

A soft-spoken 23-year-old man with no criminal record, Preston McCann, stopped in September to help an elderly woman who was apparently suffering from dementia. He changed her flat tire, turned down an offer of remuneration and flagged down a cop to help out.

A half hour later, more or less, and police took his license, tased this erudite young man and charged him with two misdemeanors.

It all went south, apparently, after a verbal exchange between McCann and Montgomery County Police Officer Robert Skelton - the officer flagged down by McCann.

After McCann told Skelton he didn't want the officer "haranguing" the elderly lady - an impression he received by watching Skelton's interaction with the woman - Skelton took offense to the term.

When asked in court why he thought it was a "blatant insult," Skelton said, "Why shouldn't I?"

A short time later, according to court testimony by Skelton and McCann, the officer shoved McCann, tased him and then arrested him because McCann wouldn't leave the scene.

Skelton’s reaction to the perceived insult is problematic. Maybe he just had a bad day. But, police on the job must get used to less-than-kind words and keep their cool. Their survival may depend on it.

Their status in society - as public servants - also demand they are diplomats as well as guardians of the peace. The best of them know this and show it.

But, there were plenty of mistakes made by everyone involved.

The officers, by taking offense to McCann, denied him his basic civil rights. He was standing in a public parking lot and had every right to do so. This was no crime scene. There was no crime scene tape. McCann exercised his free speech and had every right to do so. Was he a smart aleck? Maybe. That's hardly a criminal offense.

His real mistake was simply being overly concerned about a woman who reminded him of his grandmother. The police made far more insidious errors in judgment.

They used a weapon of last resort - a Taser, to subdue a man they admitted in court neither cursed at them, yelled at them nor threatened them. All he did was ask why he was being arrested and refused to submit to an unlawful arrest.

I am also suspicious of the spurious claim that McCann interfered with an investigation. If anything McCann interfered with the assistance of an old woman. Police weren't actually investigating anything and, apparently, all five of them managed to do what they had to do because they got in touch with the woman's family - so McCann did nothing to upset that.

More importantly, police said they asked McCann to leave several times - though they had his driver's license. That makes leaving the scene problematic - unless McCann wanted to open himself up for a driving without a license charge.

If this sounds like I'm haranguing the officers involved, I am. Their handling of this situation is disturbing on many levels.

Hasn't anyone heard of the old adage that you can catch more flies with honey than with vinegar? All the officer had to do was step over to McCann and encourage him to stay. "I know you're worried. We are too. Let us do what we have to do and I'll get right back with you."  Those disarming words would have quelled what turned into an ugly arrest.

But that never occured to the officers. So intent on proving they had authority, they misused the authority they had.

My deepest concern, though, is for the judge in the case. The police acted improperly but the judge gave them carte blanche to do so.

Saying, "You are not a criminal, but you got caught up in your feelings about your rights," Judge William Simmons Graves not only missed the point but also sounded exceedingly naïve.

By finding him guilty, Graves said McCann is indeed a criminal and the stain left by this conviction could affect his credit rating and his ability to get a job.

But the chill sent to everyone else is more disturbing. Don't be a Good Samaritan - it'll get you arrested and tased.

Thank you Montgomery County Police Department for a lesson we will all take to heart.