Aug. 28--Officers arrested Austin activist Antonio Buehler over the weekend because they say his act of filming a Sixth Street arrest interfered with the officers' ability to do their jobs, police officials said Monday.
Buehler, 35, was charged with interference with public duties, a class B misdemeanor punishable by up to 180 days in jail, after he and two others were filming a man's arrest about 1:10 a.m. Sunday, according to an arrest affidavit. The man objected to being filmed and threatened Buehler, the affidavit said.
On Monday, police Cmdr. Troy Gay responded to criticism of the arrest, saying the Police Department supports the public's right to film in public but asks them to give them space when necessary to conduct official duties.
"The department takes a strong stance on interference," said Gay, who oversees patrols downtown. "It becomes very dangerous not only for the officers but for those we're dealing with. ... We just continually try to give (camera users) guidance that there is a time and a place to give a little more distance, especially when things are getting out of control."
Buehler disagreed, saying he feels police have been singling him out since early New Year's Day, when he was arrested after taking photos of a drunken driving arrest, and that he was not a danger to anyone during the latest incident.
"I wasn't instigating anything," he said. "I'm not responsible for the actions of other people."
Following the January arrest, Buehler founded the Peaceful Streets Project, which focuses on police accountability, including filming police encounters and posting them online. He said that he has found citizens who take exception to being filmed.
"We can't expect people to understand why we're doing it, but people are safer when the police are being filmed," he said.
Gay said he would like people filming the police to stay 50 to 60 feet away. This is not a police policy, but Gay said department officials are working on guidelines for officers to follow.
On Sunday, two police officers were investigating a "verbal disturbance" between Christopher Williams, who was later arrested after officers determined he had an active arrest warrant, and a woman, the affidavit said. It was not clear from the affidavit what charge was filed against Williams.
As officers were arresting Williams, Buehler and two unidentified people surrounded the officers and began filming the arrest from about 15 feet away, the affidavit said. Both the woman and Williams became agitated at the group for filming the arrest, it said.
The officers started walking with Williams to take him to jail. Buehler and his group followed at a distance of about 15 to 20 feet, but Williams continued yelling at them, the affidavit said.
The affidavit said Williams stopped suddenly so he could yell at Buehler, causing an officer to stumble; for this, police said Buehler "created a safety issue" for the officer and the handcuffed man, the affidavit said. Eventually, Buehler was handcuffed and arrested after refusing to keep his distance from the officers, the affidavit said. Gay said Buehler was given about five warnings to step away before he was arrested.
Once Buehler was under arrest, Williams calmed down and complied with the arrest, the affidavit said.
Buehler made headlines for the controversial Jan. 1 incident after he stopped to take photographs of an arrest at a Central Austin gas station and was charged with interference of the investigation, according to court records. His criminal case is pending. A police internal affairs investigation later cleared the officers of wrongdoing in the arrest.
Contact Patrick George at 445-3548; Twitter @patrickgeorge1
Copyright 2012 - Austin American-Statesman
