my name is magnificico my badge number is 5815 don't touch me get the me again bro where you there's a police officer in elwood city pennsylvania named rob magnificico who just got suspended for 10 days because he violently pushed down this kid in a sheets gas station well understand what the it was caught on video by his friends it went viral people saw it they got pissed boom he gets suspended you are hereby suspended without pay for a period of 10 days effective immediately and this is not his first time here he is arresting and tasing a guy for swearing at him in public while complaining about a parking ticket you can't cuss and swear in public it's against the law you think you're such a tough guy why don't you just say it to my face huh why don't you make a move because you can't because you get your ass kicked that's right and here he is admitting on video that he takes his sweet time on getting to domestic violence calls because he wants the victim to get beaten first so he can arrest both of them cuz i want them to beat the [ __ ] out of each other and hire each other out i should that way when i get there all i got to do is say you're under arrest i looked into this guy put it all together so you can see for yourself and form your own conclusion about whether this guy should be on the street with a badge and a gun in the first place as both a content creator and a lawyer i can assure you that your private data is being collected and traded online by shady data brokers who create shadow profiles on you that includes a frightening amount of personal information your private information is then used without your knowledge or consent by businesses banks insurance companies and even the government that's why i use a product that not only tracks down your private data on the internet but has that information completely removed it runs in the background you really don't have to do anything as of today incogn has located my private information with 704 different data brokers and they have had that data deleted with 624 of those shady data brokers and it's still going 80 others still in progress now there's this great feature if you sign up for their unlimited plan and family unlimited plan you can tell them about any website that you find your private information on and they will have that data removed custom for you so check out incogn using the link below or go to incogn.com/sivil to get an exclusive 60% off to get your personal information off the market now let's get back to the video as i understand it this is what happened this 20-year-old kid i'll call him a kid devon hartman he and his friends some of whom were minors went to this sheets gas station and they were getting some food as they're getting food they're recording themselves they claim they were vlogging apparently somebody at sheets asked them to leave and then they did leave but devon forgot his phone at sheets he had to go back for it and when he got back i guess sheets would not give him his phone back the police get called lwood city police department officer rob magnico arrives a confrontation ensues wherein the phone is not being given back to devon devon is not happy about that officer magnico is clearly an aggressive angry person devon's 16-year-old friend is concerned he begins to record what's happening it's a public place you're not who's here okay please tell me who's here i'm here and just after he presses the record button magnificico walks around the corner and violently shoves devon to the ground i don't give a [ __ ] bro i want my phone understand this son i must [ __ ] understand who what the [ __ ] what the [ __ ] sort of leaving devon in shock about what had just transpired magnificico then goes on a tirade yelling at these kids but ultimately telling him to leave not going to put up with your crap i told you to quit yelling and screaming you're not allowed here leave which they did as they were leaving devon calmly asked the officer his name and badge number officer magnificico once again displayed his anger his aggressiveness and after he identifies himself he actually smacks the phone out of the 16-year-old kid's hand who is filming this interaction my name is magnifica my badge number is 5815 don't touch me touch me again where you afterwards that kid's mother posted this video on facebook and here is a screenshot of her post and that is the only thing that led to some measure of accountability for what happened here she said this is lwood city's finest assaulting a kid for wanting his phone that he gave multiple details including his pen to prove ownership and when he was asked about his name and badge number tried implying that the kid touched him but what you don't quite get to hear is him asking where his body cam is which makes him quickly realize that my minor son is recording as he smacked his phone to the ground oh yeah this guy has been there like 20 years and they have not had body cams so he's not used to being recorded as you'll see that post goes fairly viral gets a couple of hundred thousand views through being shared on facebook and that actually quickly got results just like yesterday leading to the city council suspending him for 10 days and ordering officer magnificico to go to anger management counseling police personnel a motion would be in order to approve rendering the discipline of sergeant robert v magnico as follows you are hereby demoted from the rank of sergeant to the rank of patrolman effective immediately you are hereby suspended without pay for a period of 10 days effective immediately you are hereby directed to complete a course on anger management and deescalation approved by the mayor the course must be completed within 6 months of the date of this notice roll call please mr barry yes mr sy yes mr cel yes mr johnson yes miss lamemensa yes miss williams yes mr oel yes motion carries so why the suspension for only 10 days well this is what led up to that the tv news based out of pittsburgh interviewed the mayor after that video initially went viral and the mayor sort of expressed that he did not like what he saw in the video but he described magnificico's actions as actions unbecoming of a police officer rather than as i would describe them we don't condone behavior on becoming of a police officer i'm not saying that's what transpired but it's an ongoing investigation what did you think when you saw the video mayor i like to believe to um we like to deescalate problems um do you feel your officer was doing that in that moment um in the beginning yes but as things transpired things a little bit escalated and we don't condone that behavior i don't feel it's necessary to waste a whole lot of time on this but this is more than just an officer being unprofessional or using profanity when he shouldn't or escalating a situation this is a police officer breaking the law really the highest law of the land the constitution he's right there on video violating the fourth amendment of the bill of rights that's pretty serious in my opinion pennsylvania is in the third federal circuit so we look there first to excessive force case law there was an opinion in 2017 anthony versus selzer that is pretty much dispositive here under longestablished fourth amendment law force may not legitimately be used against an individual who is compliant and poses no ongoing threat to himself or others or who is not resisting arrest even if he was initially non-compliant so here the kid was not under arrest the police officer was just buttth hurt over something the kid said i don't give a [ __ ] bro i want my phone and he lashed out in retaliation with this just gratuitous violence well understand this son understand what the [ __ ] what the [ __ ] because he could because he knew he didn't have a body cam on and he didn't realize at that time yet that he was being recorded and that is what police officers are not allowed to do under many different circumstances they can use violence to do their job but they can't use gratuitous violence where it's not necessary because there's some immediate safety threat and that's exactly what happened here i mean this is a constitutional violation unquestionably captured on video no doubt about it and and likely others as well such as first amendment retaliation this was excessive force a fourth amendment violation there's really nothing to investigate about that you either care about constitutional rights or you don't and while it's commendable that this this mayor the city council did something it's not enough and it's not enough because they don't see this as a constitutional violation they see this as some sort of policy violation about a police officer being unprofessional or escalating rather than deescalating no no no no this rises way beyond that you know this has been a recurring problem with this police officer that this mayor in this council either knows about or should have known about already officer magnificico pushed this kid in response to something the kid said the worst part about all this is that the kid had every right to say what he had to say the kid had every right to criticize his government he had a constitutional right to do that and this officer has demonstrated in the past that he does not respect that he does not respect first amendment rights he spits on them the supreme court held in the city of houston versus hill in 1987 that the freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state one of the prior issues that officer magnificico was involved in perfectly illustrates what the supreme court was warning us about all the way back in 1987 that police officers like this magnificico wants to have a police state that's what he wants and if you challenge him if you verbally oppose him guess what what are you risking you're risking arrest that is how he is going to punish you a guy named perry malcolm back in 2017 had got a parking ticket he believed that the parking ticket was part of a quota system and that it was illegal that he had done nothing wrong so he shows up at the police station there in that town and he verbally opposes the ticket that he received and he asked for it to be withdrawn and the officers at that police department they acted very much like tyrants they doubled down just uh received a ticket from you guys over in north side all right i was just curious on why what's it say on it said i was too close to the curb or intersection okay were you too close to the intersection i was not okay well i saw i gave the tickets so you were i would have brought my tape measure out and showed you that i wasn't sorry you you're more than welcome to i gave it back so you can give it back you're going to get a citation okay well i mean why would i get a citation because if you don't pay a parking ticket then it turns into a citation no not guilty no it's just your word against mine it is you can talk to lieutenant kingston he's the officer in charge oh well he's in charge right now nope oh well then why'd you say he was in charge he is the officer in charge of this department lieutenant kingston okay well he's not here right now and i'm speaking to you and it's your discretion against anybody else's there's a law not you so you can pull out the crime scene you can't prove it the vehicle code you can't prove it what's the what's the code then don't pay it what's the code then don't pay it you'll receive a citation what's the code okay what's the code it's in the vehicle code go ahead and look it up what go ahead you're the officer that gave me the ticket you cited me what is it what is it it's your responsibility it is not my responsibility yeah it is you're to protect and serve me go ahead and i'm going to go get my ticket back out of here is what i'm going to do good you have to take it home with you and pay it i'm not going to pay i'm going to talk to officer kingston and i'm going to wonder why you're such an [ __ ] that's all right my man pay the ticket not going to happen [ __ ] eventually magnificico gets involved the officer decided to arrest this man who was exercising his free speech about this citation that he had been wrongly given what' you say sir said it's not going to happen what uh what did you call what did you say i said it's not going to happen what did you say to me out there that is not going to happen okay what' you call me does it make a difference it does make a difference it's called disorderly conduct it's not disorderly conduct okay you want to try that again all right you take that ticket i'm not telling him that's what he always does he thinks he knows the law better i asked him a question that's it what makes you think you can talk to us like that talk to you like what mother effing him why do you think you can do that in a public street you can't it's against the law so nobody heard me you still can't do it in a public place you can't do it nobody heard me it doesn't make a difference you're on a public street you the problem is is nothing public right nothing right it's public and you can't cuss and swear in public it's against the law well he did it's not against the law for him okay it's not disorderly conduct for him he's an idiot from there things escalated malcolm was not only taken down but he was tased and just like the other case the worst thing about this one is that magnificico can be heard on this recording threatening the individual with bodily harm in response to his exercise of his first amendment rights what's that what's that what's that my face i'm standing right here you think you're such a tough guy why don't you just say it to my face huh why don't you make a move because you can't i got to because you got your ass kicked that's why cuz you're an idiot your hand behind your back i'm telling you right now i am my hands behind the back my hands behind my back stop i'm not resisting arrest i don't care you have never learned one thing in your life have you for what you come down stupid parking ticket and you got to act like an idiot turn around dude i can't turn around turn around right get your hands off my neck dude i'm telling you turn around right now turn around right now turn around turn around right now put your hands down get on the ground right now don't you [ __ ] move you understand me don't you [ __ ] move now you're in for it okay you want to [ __ ] around this is what happens okay you done now put your hand out put your hand up can't breathe man i don't care i'm sure there's a whole lot more on this guy out there that i haven't had time to find but check this out here's a video of officer magnificico telling somebody that he basically slow rolls it without lights to domestic violence calls because he wants them to beat the out of each other i don't because i want them to beat the [ __ ] out of each other and hire each other out i said that way when i get there all i got to do is say you're under arrest i said "i don't." i said "when have you ever seen?" i go "have you ever seen us run lights inside a fight?" "no." i said "yeah." and here's the thing you know he's never fell if i if i get there right you know if you get there right away and you got two people who who still have a lot of energy in them and you try to break them up i end up getting hit you know when you step in between two people throwing punches you know i mean sometimes you got to do it i mean sometimes you know we call there are guns and ball we understand it but i'm not following that and just imagine all the footage that would exist if this guy had to wear a body cam the past 20 years so what do you think about the discipline 10 days off basically some bs anger management class is that going to fix 20 years of this guy being a bully of course it's not going to but should somebody be a police officer where they have demonstrated that they have zero respect for the constitution that if you engage in constitutionally protected free speech that he will threaten violence and follow through with that violence even where he's not in danger where nobody else is in danger but just to send a message to hurt you in my opinion that is the absolutely last person who should ever have a badge but let me know in a comment what you think remember this original video that got this guy at least suspended for 10 days it only went like 100 or 200,000 views imagine if you take this video and you send it into the millions will it still be a 10day suspension i bet it would not so if you share my opinion spread the footage far and wide and let's see what happens i'll update if i hear anything else and you can follow along by subscribing both here and at the blog at the civil rightsawyer.com you can follow me on twitter johnbrian esq remember our rights don't end where your fear begins freedom is scary deal with it