Gunslingers, sheriffs and the militarization of law enforcement

By Cal Lash, Guest Rogue

Human social evolution created the gunslinger.

Human Cowardice bought us the political lawman.

Since the beginning of socialization and the family unit, group control has been administered by the dominant figure in a group. Groups grew larger and became villages, towns, cities, states, kingdoms and empires.

In Europe, royalty hired out tax collection, to the “High Sheriff.”  The Sheriff also attended to other civil disputes, attended royal ceremonies and was responsible the enforcement of some criminal statutes. As Europe grew, municipalities provided their own law enforcement constabulary and contemporary High Sheriffs now have few genuine responsibilities and their functions are largely representational.

Marshal Wyatt Earp may or may not have been the best thing for Tombstone, Arizona, but he set the tone for paid protection along with other gunslingers and companies like Pinkerton. These hired “lawmen” were given a badge and the responsibility of making a town safe for the people who out of fear believed this was the way to create a safe environment. Different versions exist of the deeds and the resultant benefits or determents of people like Wyatt Earp and Tom Horn, who was a hired killer for cattleman. Horn’s killing of “rustlers” was tolerated until he allegedly shot a young boy.  Eventually many citizens in the old west began to wonder if the hired gunslinger was not worse than the problem they hired the gunman to solve.

But then as now most citizens were afraid to try and resolve matters themselves and consequently municipalities today hire out keeping us safe. As a country we have created a privatized military, creating for the first time in our nation’s history a full-time mercenary force to keep our country safe.

Modern day sheriffs evolved from these roots and became the controlling law enforcement agencies as the paid gunslingers faded away given their appearance of mercenaries backed by vigilantes.

The Sheriff came to America as an elected political law enforcement unit with jurisdictions in county governments within the individual states. Currently Sheriffs in the United States play active roles in law enforcement and civil matters. Some county sheriffs also have the responsibility of caring for the incarceration of persons arrested, many of whom had not been adjudicated innocent or guilty. This dual responsibility allows a comingling of funds and a budget process that allows the elected Sheriff to discern the best use of tax payer funds.

Fear and complacency drives us to turn over the responsibility of keeping us safe to others. Politicians and private enterprise play to this fear for personal gain and power.

Elected officials who want to get reelected must play to the most powerful and best financed audience. Appointed officials are also subjected to pressure causing many of them to act as expected by their respective supervisors. But overall there appears to be less political pressure in large cities that have appointed Police Chiefs as opposed to elected Sheriffs.

The New Yorker Magazine a few years back ran an article on how powerful Sheriffs were in Texas. When the federal government changed the Bureau of Narcotics and Dangerous Drugs (BNDD) to the Drug Enforcement Administration, (DEA) and ramped up enforcement, DEA agents discovered the power of local Sheriffs.

One tale goes that agents of DEA asked the local Texas county Sheriff to accompany them on a marijuana seizure at a “Billy Bob” local ranch. Instead the Sheriff called the suspect and ordered “Billy Bob” to bring the Marijuana to his office.

Consequently many appointed and politically elected law enforcement administrators have become extremely powerful and dangerous to anyone they believe could jeopardize their fiefdom. A number of politically elected law enforcement agencies hire retired law enforcement personal as that have specialties such as electronic eaves dropping and physical surveillance. These persons sometimes are hired as independent contractors. They are provided provide with the highest quality of clandestine surveillance equipment that is utilized to conduct visual and electronic surveillance against their perceived political enemies.

If these actions do not give you pause for thought, then maybe you have become part of that non-thinking crowd who believe as long as our hired gunslingers are out there, we’re safe. Many of you will say “well if you are not doing anything wrong you have nothing to worry about.” If you believe this, you live in a place where safe exists only in your mind. You have surrendered your freedoms to despots who will surely gain from your lack of involvement in the world’s realities.

Americans need to be involved in their state, county and city governments, not only to help but to police the conduct of government officials.

Since 1950 I have waved at on-duty uniformed police officers. I finally quit two years ago as now few officers wave back and most give you that angry ignore-and-glazed stare. We can build robots with a built in smile. I fear we may have more to fear from the gunslingers than each other.

This nation’s law enforcement has moved to a militarized look and posture. Many law enforcement agencies now resemble “Robo Cops” equipped with tanks and enough fire power to destroy a town as opposed to community oriented police officers in soft blue blazers. Law enforcement sometimes conducts overzealous raids that leave many people shuddering in the fear that they could be the victim of a mistaken assault on their home and well being.

However, a number of law enforcement agencies are highly professional in their approach to crime solving. These agencies try and balance the best way to protect and preserve the community at large within limited budgets set by planners that answer to the citizens.

This country cannot and should not expect law enforcement to solve the crime problem. Crime is a community issue that can be reasonably controlled within limits. Taxpayers cannot afford to build enough prisons to house everyone that violates the law. Communities need to be looking for ways to reduce crime through education and community involvement while cooperating with law enforcement. We also need to ask ourselves: are there ways to reduce crime by not criminalizing certain behavior.

Law enforcement administrators must try and not allow themselves to be dragged into the political arena. This includes police unions whose role is to provide for the financial and working conditions of its union members. Posturing by law enforcement leaders to populace causes creates hostility on both sides of an issue and among the community of law enforcement.

Citizens, particularly senior citizens, need to understand that fear is not a reason to support law enforcement that trades on that fear. People are safe in their homes not only because there are police officers driving around in their community. Citizens are responsible for their safety. Paying attention is rule number one. Where, am I, and what is going on around me?

Have I made my home and vehicles as safe as I can from outside threats? Do I pay attention to what is going on in my neighborhood and do I have open lines of communication with my neighbors and other community members. Is law enforcement addressing the needs of the community in a responsive and financially responsible manner?

Citizens should be concerned that places of incarceration are properly administered. America is not a place where because the police arrest you, you are guilty and you must go to jail. Incarceration is expensive and it’s your tax dollars that should be used most expediently but also humanely. The federal government and states have bought into private prisons for a profit. Predictably these private prisons will not get sufficient oversight to insure that they are being run humanely. But many citizens believe if you are arrested you must have had it coming as the cops are right so there is no reason to be concerned about a arrested person being treated humanely.

For several years in addition to the militarized look we have leaders who have cultivated the mad-dog posture. A recent candidate for anger management was a county attorney whose bitter battles with the Catholic hierarchy and Maricopa County officials left him angry and taking random bites at those who angered him. For the most part his behavior was understandable given the other actor’s behaviors. I was glad when he retired and hoped he would take some real time off to salve his wounds, mental and physical.

Another law enforcement official began his career with a growling, right-tilting posture creating a crazed mad dog appearance. Someone must have taken him aside after a few months and worked on his presentations as he morphed into being the friend of dogs. He didn’t become a wet-nose puppy but at least he didn’t look quite as much like J. Edgar Hoover or Hoover’s look-alike bulldog.

I have watched Maricopa county sheriffs since Cal Boise in 1950. Boise was man’s man in a 1950’s mans world. But he was a compassionate law enforcement official and a shrewd politician. He understood the effectiveness of a volunteer posse and its proper use. Sheriff’s deputies in the 1950’s were considered nice but strong individuals compared to municipal police officers, which were considered somewhat “chicken shit.” Sheriff Deputies patrolled huge areas alone without back available backup most of the time, but seemed to have good control over the day-to-day events.

Since Cal Boise Maricopa county has had a number of questionable and incompetent Sheriffs. Jerry Hill was a decent Sheriff and a compassionate human being who, like Boise, didn’t see the necessity of hassling folks for minor indiscretions. Getting the really bad guys was the goal.

Between Hill and Joe Arapio things were pretty poorly run at the Sheriff’s office. Arpaio's ascent to the Sheriff’s Office and his management of such has been the responsibility of Dave Hendershott or as some say, Joe’s Brain. Hendershott is a smart person, with an abundance of suspicion about most everything and everyone. He has dictatorial but reasonably good management skills. That said, these attributes used for the common good are a positive factor. These same skills coupled with the powers invested in law enforcement can also be a bad thing, when these powers are brought to bear on perceived political enemies and for political purposes.

Even if Dan Saban wins the election for Sheriff he will find his capabilities hamstrung by the culture Hendershott has built into the sheriff’s office. Saban can fire all the non-civil service protected upper management employees and it will make little difference given the embedded protected civil service employees loyal to Arpaio and Hendershott.

Regardless of the Election outcome for Maricopa County Sheriff three things need to occur.

• The county jail needs to become a separate entity from the Sheriff’s Office.
• The County Attorney’s office should represent the Sheriff’s Office and eliminate the Sheriff’s Office separate legal counsel.
• The Board of County supervisors must require the Sheriff’s office to co-operate with all other law enforcement jurisdictions or face an impeachment process for failure to carry out prescribed duties.

A big gun is not near as deadly as a mighty pen.

Mark your Ballots.

Cal Lash moved to Sunnyslope Arizona in 1950 for health purposes
Lash entered Law Enforcement in 1968 and served two tours in Uniform Patrol, Narcotics, and Organized Crime (White Collar Crime Task Force) Swat (SAU) and Internal affairs. He was a night and robbery detective and he was the administrative Sergeant to two police Chiefs. He retired in 1991. In 1996 Lash started a private investigations company. In December of 2007 Lash retired as a private investigator. He also sold his Security Guard Company and his diamond transportation business. He and his dog currently consult from his motor home somewhere in the Sonoran desert.

 

Comments

[Matt]

We got Arpaio because of a combination of things: The ridiculous reign of Tom Agnos during the Temple murders and the "angry white man" push of the early 90s.

I'd go for Agnos at this point. It's pretty clear no competent law enforcement man wants the job. At this point the question becomes if we even need a sheriff. Rural/Metro maintains a strong corporate enforcement agency that could contract with county islands. All we really need is a competent warden/administrator for the county jails who could oversee getting suspects from court to jail and back.

What we no longer need is a megalomaniac with a quick trigger. I think after Arpaio wins another term, that's the direction we'll see the conversation go.

[eclecticdog]

Mr. Lash,

Thank you for this thoughtful piece. I have long thought the same thing about our police forces. My last couple of dealings with them have been very unpleasant (and these were just traffic stops). I would now believe a crook rather than a cop if I had to be on jury.

[Richard Elardo, Ph.D.]

Dear Cal, Thanks for this great article ! I wish you would mail me a real printed copy from the actual publication. 3634 n. 5th ave, apt b-1 phx, az 85015 602-242-4313

[Raquel]

Hello good article where does one go to report on elected sheriff that are corrupted and use fear and intimidation and use Malitia as there muscle ?