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WHAT HAPPENED:
On February 5th, 2017, my friend and I (who is also Female to Male transgender) walked to a county beach park across from my house, one in which I had been to many times at night to look at the stars, without incident.
We had just reached the sidewalk before the beach when a police car pulled up on the sidewalk, lights flashing.
"Did you guys see the sign? You walked right past it...this park has a curfew."
Neither my friend nor I had seen the dark, brown sign in the night. I informed the officer I wasn't aware of a curfew. He asked us for our identification cards. My friend had his but I had left my wallet at the house. When I told him that, he seemed to get irritated. I offered to go over to my house and get it.
"LET ME DO MY JOB...JUST LET ME DO MY JOB!" The officer barked at me. As he examined my friend's ID, I took a few steps from him so he could "do his job". I bent down to get my water. As I took a drink, the officer shouted at me, "GET OVER HERE! YOU GET OVER HERE NOW!"
I complied and presented myself in front of him. He grabbed my arm, twisted it behind my back and pulled me down toward the driver's side wheel well.
"WHY ARE YOU RESISTING?!" He kept shouting at me.
"I am not resisting," I replied multiple times, at a loss as to what I was doing that constituted resistance. To prove that I was not resisting, I decided to let my body go completely limp, became dead weight and fell to my back. As I lay on my back, I put my hands up and said, "See, I am not resisting."
At that point, he LUNGED toward me on the ground and my instinct to protect myself took over. I put my hands and feet up. I was afraid for my safety.
The officer managed to get me onto my stomach and held my neck in a choke hold while he called for back up. The back up consisted of three more officers, and all four, full grown men ended up kneeling on my back. I am 5'6" tall and 140 lbs.
I COULD NOT BREATHE. I told the officers I could not breathe multiple times, yet they remained on my back. I told my friend, who the police had taken to the other side of the car so he could not witness what was transpiring, that they were "killing me". I only stopped telling them I could not breathe because I could draw no air in. I stared at the ocean in disbelief for several minutes and began to think that if I died, I would die happy because I love the sea.
Finally, they yanked me to my feet and after questioning me in the backseat of the squad car, I was driven over 30 miles to the county jail. The officers on the scene would not tell my friend or my wife where they were taking me.
As I stood in front of the booking desk, I watched a female officer mouth to her male counterpart, "He used to be a she."
"Yes, I am transgender," I stated to them, trying to appear unfazed.
The two arresting officers as well as the two behind the booking desk began asking me about all the surgeries I have had and very personal questions about my body, laughing and snickering. It was humilitating. They asked me if I had ever been arrested before and I told them I had, in Los Angeles in 2005. I explained to them that I was not strip searched during that arrest.
"Oh, we're going to strip search you!" The male officer behind the booking desk stated threateningly.
They placed me in a tiny, cold, urine covered holding tank by myself for over 12 hours. The cell had a phone so I was able to post bail.
The bail was already well in process when I was given a plastic bag full of clothes and told I needed to change into them as I was being moved to the women's section of the jail.
"But I posted bail. It's in process now." I told the officer, who stared at me blankly.
"We're not giving you boxers, so don't even ask for them," the officer told me as she handed me the bag of clothing that contained a red jail jumpsuit, socks and WOMEN'S UNDERWEAR. I began my transition in 2001 and have changed all of my legal documents to match my name and gender as Male. This was a humiliating, slap in the face that I felt helpless to defend myself against.
The official arrest record lists my gender as Female. When questioned during intake, I was asked if I could be pregnant, even though I had just finished explaining to them that I have had a hysterectomy.
I was escorted to the female jail and strip searched. I believe this was an unnecessary strip search performed only to satisfy the officers' curiousity about my body. I felt and still feel very violated. I don't understand why they would need to perform this strip search, especially in light of the fact that I had already posted bail.
As I was being outprocessed, my wife Clair came to the jail to pick me up. For those of you who don't know, Clair is Male to Female transgender. The officer behind the desk called her "sir" during the entire interaction, even after she corrected them multiple times, stating, "I am a ma'am".
WHAT I NEED:
I am in need of financial assistance with legal costs as well as medical bills, which include physical and psychological counseling. My first court date is March 8th, so timely donations are appreciated!
I literally work 7 days a week, 3 jobs to make ends meet in the Bay Area. My primary occupation is an in-home caregiver for elderly and disabled clients. I LOVE my job and I Love my clients.
To add insult to injury, the Department of Justice contacted the CA Department of Social Services Caregiver Background Check division and reported my alleged crimes, even though I have not been convicted of anything. I have been informed by the Department of Social Services that if the misdemeanor "Resisting Arrest" that I have been charged with is not dismissed, I will be unable to LEGALLY WORK AS A CAREGIVER FOR AN ENTIRE YEAR.
Anything you can donate will be greatly appreciated. If your budget does not support a personal donation, I ask that you please share my story with as many friends and family as you can. I don't like asking for help, but I am putting aside my pride and asking for your assistance. Thank you in advance for your compassion and help.
In Gratitude,
Jim
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