Flash Mobs Investigation and Prosecution Association of Prosecuting - - PowerPoint PPT Presentation

Flash Mobs

Investigation and Prosecution

Association of Prosecuting Attorneys Webinar, December 13, 2011

• R. Seth Williams, District Attorney

Assistant District Attorney Angel L. Flores Bureau Chief, East Division Philadelphia District Attorney’s Office Leslie M. Gomez Former Chief Assistant District Attorney, Juvenile Unit Of Counsel, Ballard Spahr LLP Deputy Commissioner Kevin J. Bethel Philadelphia Police Department Police Officer Michael Livewell Philadelphia Police Department

What is a Flash Mob?

Components

 Number of participants: how many are required

to be a “mob”?

 Age of participants: only juveniles?  Method of gathering: social media?  Definition of flash: how spontaneous must the

meeting be?

 Criminal intent: must the members share a

common criminal intent?

Working Definition

 A “flash mob” is a group of

people who quickly or spontaneously gather together in one location and commit incidents of group violence or crimes after being summoned online through social networking sites

 Unlike an organized “gang,”

where a cohesive group of three or more individuals with an established hierarchy engages in a course or pattern of criminal activity and identify themselves with a common name or sign, a flash mob possesses none of these characteristics

Over-use of “Flash Mob”

 Differentiate from traditional juvenile or gang-

related crime

 Consider racial implications  Consider reputational effects  Term should be used with appropriate care

What are “Social Networking Sites”?

 “Social networking sites” are a form of

computer-mediated social interaction with users creating profiles containing information about themselves including pictures, blog entries for

• thers to read, and searches for others with

similar interests.

(http://en.wikipedia.org/wiki/Social_networking_service)

Users of Social Media

Users include:

 Juveniles  Adults  Public Officials  Entertainers  Organizations and companies that create

profiles to advertise their products and services

Examples of Social Media Sites

 Facebook  Twitter  MySpace  Linkedin  Ning  Google Plus+  Tagged  orkut  hi5  myyearbook  Meetup  Badoo  bebo  mylife  friendster

The Philadelphia Experience

 Multiple incidents over a two year period  Concentrated in Center City or South Street

commercial/pedestrian areas

 Occur in all seasons  No common time of occurrence  Many linked to “dance groups”  Received high profile media coverage

 18 Pa.C.S. § 5501 Riot  18 Pa.C.S. § 903

Criminal Conspiracy

 18 Pa.C.S. § 5503 Disorderly Conduct  18 Pa.C.S. § 2702 Aggravated Assault  18 Pa.C.S. § 3701 Robbery

Charged Offenses

18 Pa.C.S. § 5501 Riot

A person is guilty of riot, a felony of the third degree, if he participates with two or more others in a course of disorderly conduct:

1.

with intent to commit or facilitate the commission of a felony or misdemeanor;

2.

with intent to prevent or coerce official action; or

3.

when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or

• ther deadly weapon.

18 Pa.C.S. § 903 Criminal Conspiracy

A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:

(1) agrees with such other person or persons that they or one

• r more of them will engage in conduct which constitutes

such crime or an attempt or solicitation to commit such crime; or (2) agrees to aid such other person or persons in the planning

• r commission of such crime or of an attempt or solicitation

to commit such crime.

18 Pa.C.S. § 5503 Disorderly Conduct

A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; uses obscene language, or makes an obscene gesture; or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.



Offense is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist.



Otherwise disorderly conduct is a summary offense.



“Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access;



Includes highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, any neighborhood, or any premises which are open to the public.

18 Pa.C.S. § 2702 Aggravated Assault

A person is guilty of aggravated assault, a felony of the first degree, if he attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.

18 Pa.C.S. § 3701 Robbery

A person is guilty of robbery as a felony of the first degree if, in the course of committing a theft, he: (1) inflicts serious bodily injury upon another; (2) threatens another with or intentionally puts him in fear of immediate serious bodily injury; or (3) commits or threatens to commit any felony of the first or second degree. A person is guilty of robbery as a felony of the second degree if, in the course

• f committing a theft, he inflicts bodily injury upon another or threatens

another with or intentionally puts him in fear of immediate bodily injury. A person is guilty of robbery as a felony of the third degree if, in the course

• f committing a theft, he physically takes or removes property from the

person of another by force, however slight.

1st Mob Flash Incident

On February 16, 2010:

• A group of 75-100 youths congregated inside and
• utside the Macy’s Department Store
• They began running through the store and fighting

inside and outside the store

• The crowd then ran through the Center City area

fighting, creating chaos, stopping traffic, and throwing ice balls at innocent bystanders

• A total of 15 youths arrested
• All youths arrested were prosecuted in a consolidated adjudicatory

hearing in delinquent court

• All but one found guilty of Riot (F3) and Conspiracy (F3)
• Adjudicated delinquent
• Committed to various juvenile detention facilities
• Prohibited from returning to the area of the incident
• Delinquent court judge followed principles of strong deterrence

Results of the Prosecution

2nd Mob Flash Incident

On March 3, 2010:

• A group of 50-75 youth congregated at the Gallery Mall

in Center City

• The youths were summoned to the Gallery Mall

through a MySpace e-mail “Blast”

• The youths began running in and out of the mall,

fighting outside the mall, and ran through the streets knocking over pedestrians and terrorizing bystanders

Results of the Prosecution

 A total of 19 individuals arrested  15 youths prosecuted in delinquent court and 4 adults in criminal

court

 In delinquent court,

 13 youths admitted to the charges of Riot (F3) and Conspiracy (F3)  2 youths were found guilty of the same charges after an adjudicatory

hearing

 All were adjudicated delinquent  Some youths committed to a juvenile facility  Some youths placed on probation

 In criminal court, the 4 adults were placed in a diversion

program with significant community service hours and a prohibition from the Gallery Mall

3rd Mob Flash Incident

On July 29, 2011:

• A group of 20 to 30 youths randomly attacked at least four men
• n a Friday night at 9:00 p.m., including:
• A 33-year-old male who was punched, kicked, and knocked

to the ground

• A homeless man who was beaten for his change
• A 25-year-old law student who was punched, kicked, and had

his iPhone stolen

• A 55-year-old man who was beaten into unconsciousness

Results of the Prosecution

 A total of 4 youths arrested, including an 11-year-old  In delinquent court, all 3 youths admit to lead offenses

(Aggravated Assault, Robbery, Riot, and Criminal Conspiracy)

 Ringleader committed to state secure facility  2nd youth committed to residential treatment facility  11-year-old placed on house arrest, then probation

 In adult court, preliminary hearing held and accused is

awaiting trial

Challenges in Investigation

 Maintaining sufficient criminal intelligence to anticipate the

• ccurrence of a flash mob

 Having sufficient law enforcement resources to rapidly respond

to the event

 Identifying perpetrators and specific actions of each perpetrator

in a highly dynamic event

 Necessity for thoroughly and accurately documenting the event

in written reports

 Monitoring the appropriate use of force

Investigative Steps

 Document scene with photographs  Photograph all clothing of offender  Obtain all video surveillance  Interview civilian witnesses/by-standers  Obtain 911 tapes  Investigate all electronic devices/cell phones  Access all social networking media sites

Challenges in Prosecution

 With mass arrests, can be difficult to accurately identify

actions of individual offender

 Because of quick and overwhelming nature of the

event, only identification witnesses may be law enforcement personnel

 Need to establish connections between individuals to

sustain criminal conspiracy charges

 Need to accurately assess the equities of each offender’s

role and life circumstances

Preventive Measures for Law Enforcement



Establish a Social Media Unit within the law enforcement agencies



Ensure readiness for rapid police response to intelligence on large scale gatherings



Utilize plain-clothes police officers



Higher police visibility at school dismissal time and in popular areas for congregation



Interrupt cell phone access



Create a central database of surveillance cameras through local merchants and institutions



Create or utilize the criminal intelligence unit to maintain information on youth groups



Coordination amongst different police districts or localities as youths move from one place to another



Implement curfews



Create a flash mob response plan

Collaboration with the Community



Establish a working group between law enforcement, prosecutor’s offices, juvenile probation, school district, mayor’s office and local neighborhood civic or business associations



Establish an effective system for sharing information and intelligence



Develop an alert to inform merchants of large scale gathering so they have the ability to place safety plans in place (lock doors, close businesses)



Work with popular merchants (Apple, H&M, fast food establishments) to reduce traffic flow and mass congregation of youths



Create alternatives for youth engagement (e.g., extend the hours of recreation centers)



Identify youth leaders and hold a youth summit

Questions

 Assistant District Attorney Angel Flores

 angel.flores@phila.gov, 215-686-9676

 Leslie M. Gomez, Esq.

 gomezl@ballardspahr.com, 215-864-8111

 Deputy Commissioner Kevin Bethel

 police.dc_roc_south@phila.gov, 215-685-4236