Body-cam video shows arrest of Surprise woman, Rebekah Massie, at public meeting
By: -----
On Aug. 20, Surprise Mayor Skip Hall ordered police to arrest local activist Rebekah Massie for criticizing a public official at a city council meeting. The arrest led to a national public outcry over the trampling of Massie's free speech rights and resulted in the city repealing the public comment rule it accused Massie of violating.
Now Surprise police body-camera footage shows the moment of Massie's arrest and what followed. It shows Massie falling to the ground outside the council chamber, being handcuffed and walked to a nearby police station and the long citation process before she was released from custody.
Bret Royle, the criminal defense attorney for Massie, saw the video for the first time last week when it was released to the public.
“I think it’s pretty disturbing. It’s sad," he said. "I think someone should have stepped up and said, ‘How do we undo this?’"
The footage begins with Massie's arrest by Surprise police officer Steven Shernicoff, which also was captured on the council meeting's live stream. As Shernicoff forces Massie from the meeting, she demands to know the reason for her detainment and protests that her free speech rights are being violated.
Once out of the chamber, Massie falls and nearly hits a table, then refuses to get up while telling several officers around her that they are distressing her 10-year-old daughter, who was left behind in the chamber. Shernicoff then pulls Massie to her feet and takes her outside the building before walking her to a police station to write her a citation.
Throughout the encounter, which lasted more than an hour, Massie repeatedly asked for information about her daughter's whereabouts. Multiple times, Shernicoff responded that he had no information about that and did not use a radio or cell phone to check.
At times, Massie sounded scared and rattled. At others, she sounded defiant. While Massie refused to answer questions or submit to fingerprinting, she and Shernicoff argued at points about the circumstances of her arrest. After Massie told him he was being a "jerk," Shernicoff belittled her understanding of the First Amendment.
"There are also limitations to the First Amendment," he said. "It's not carte blanche, you can do whatever you want. Despite what you might think or what your law degree tells you, that is not the case."
Royle said it was "disappointing to see an officer not understand what the First Amendment is and not understand this individual can’t be trespassed." Republican state Sen. John Kavanagh also felt the city's public comment rule was unconstitutional and asked Arizona Attorney General Kris Mayes to investigate it. Kavanagh withdrew that request when Surprise repealed the rule on Sept. 17.
The rule is also the subject of a lawsuit filed on behalf of Massie by the Foundation for Individual Rights and Expression, or FIRE. That lawsuit is ongoing. In an email to Phoenix New Times, FIRE spokesperson Daniel Burnett said, "We're still laser-focused on making sure Rebekah and all residents are able to freely express themselves to government officials — and making sure there is accountability when that freedom is denied."
At several points, body-cam footage from several officers is muted, though it's not clear why. A public information officer for Surprise police has not responded to questions from New Times. It's also not clear if Shernicoff or any of the other officers have faced discipline or are being investigated for their actions.
After being issued her citation, Massie was led out of the station by Shernicoff and other officers. Only then did she learn that her daughter, who'd been watched over by Surprise Mayor-Elect Kevin Sartor, had been picked up by the child's father.
Massie was cited for third-degree criminal trespassing, which is a class 3 misdemeanor. Royle said prosecutors are seeking to dismiss the charge without prejudice, which would allow them to refile it at a later date. Royle said he is asking the court to dismiss the charge with prejudice, which would prevent it from being refiled.
"To me, it’s offensive they wouldn’t dismiss this with prejudice," he said, "when they know this arrest was made without probable cause.”