registration with you? What’s wrong? How long have you been in Texas?
Sandra Bland: Got here just yesterday.
Encinia: OK. Do you have a driver’s license? [Pause.] OK, where you headed to now? Give me a few minutes.
Encinia takes her license with him to his patrol car. A few minutes pass. Then he returns, this time approaching Bland’s car from the driver side.
Brian Encinia: OK, ma’am. [Pause.] You OK?
Bland: I’m waiting on you. This is your job. I’m waiting on you. When’re you going to let me go?
Encinia: I don’t know, you seem very, really irritated.
Bland: I am. I really am. I feel like it’s crap what I’m getting a ticket for. I was getting out of your way. You were speeding up, tailing me, so I move over and you stop me. So yeah, I am a little irritated, but that doesn’t stop you from giving me a ticket, so [inaudible] ticket.
In the many postmortems of the Bland case, this is generally identified as Encinia’s first mistake. Her anger is steadily building. He could have tried to diffuse it. Later, during the investigation, it emerged that Encinia never intended to give her a ticket—only a warning. He could have told her that. He didn’t. He could have explained, carefully, why she should have signaled. He could have smiled, joked with her. Oh, ma’am. You don’t think I’m going to give you a ticket for that, do you? She has something to say and wants to be heard. He could have acknowledged that he was listening. Instead he waits a long, uncomfortable beat.
Encinia: Are you done?
That’s the first missed opportunity. Then comes the second.
Bland: You asked me what was wrong, now I told you.
Encinia: OK.
Bland: So now I’m done, yeah.
She’s done. Bland has said her piece. She’s expressed her irritation. Then she takes out a cigarette and lights it. She’s trying to calm her nerves. In the video we can’t see any of this, because the camera is on the dashboard of Encinia’s squad car; we see just the back of her car and Encinia, standing by her door. If you stopped the tape there and showed it to 100 people, 99 would guess that’s where it ends.
But it doesn’t.
Encinia: You mind putting out your cigarette, please? If you don’t mind?
He’s flat, calm, assertive. Would you mind, said with an edge.
Mistake Number Two: he should have paused, let Bland collect herself.
Bland: I’m in my car. Why do I have to put out my cigarette?
She’s right, of course. A police officer has no authority to tell someone not to smoke. He should have said, “Yes. You’re right. But do you mind waiting until after we’ve finished here? I’m not a fan of cigarette smoke.” Or he could have dropped the issue entirely. It’s only a cigarette. But he doesn’t. Something about the tone of her voice gets Encinia’s back up. His authority has been challenged. He snaps. Mistake Number Three.
Encinia: Well, you can step on out now.
Bland: I don’t have to step out of my car.
Encinia: Step out of the car.
Bland: Why am I…
Encinia: Step out of the car!
Bland: No, you don’t have the right. No, you don’t have the right to do that.
Encinia: Step out of the car.
Bland: You do not have the right. You do not have the right to do this.
Encinia: I do have the right, now step out or I will remove you.
Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?
Encinia: Step out or I will remove you. I’m giving you a lawful order.
On the internet bulletin boards frequented by police officers after the case broke, Encinia’s actions were supported by some. But just as many were dumbfounded by this final turn:
Dude, issue the f****n warning and move on. It’s NOT WORTH IT.…we’re yankin females out of vehicles cause our ego got hurt cause she wouldn’t tremble and put out the stupid cigarette????? Let’s pose this question—suppose she had stepped out when he asked her to.…THEN WHAT??? You were gonna scold her about the cigarette??? What was his plan?? What was going to be the purpose of pulling her out?
But Encinia has now given her a lawful order, and she has defied it.
Encinia: Get out of the car now or I’m going to remove you.
Bland: And I’m calling my lawyer.
Encinia: I’m going to yank you out of here. [Reaches inside the car.]
Bland: OK, you’re going to yank me out of my car? OK, all right.