Yuba City, abused Sikh truck driver and the Oregon State Police
offered different accounts

Police, Sikh clash on arrest


Oregon State, Sep. 08, 2004
By Daniel Witter
/Appeal-Democrat

A Sikh truck driver from Yuba City and the Oregon State Police offered different accounts Tuesday of what happened at a traffic stop on Sept. 1 in which the truck driver claims he was abused.

Gurpal Singh Gill and the police agree that Gill was pulled over along Interstate 5 near Roseburg, detained for a while, cited for a concealed weapon and released.

But they disagree on why the stop happened and what led the officer to take away Gill's ceremonial knife, called a kirpan, which is of paramount importance to his faith.

"The issue is the weapon was concealed, and that is what makes it illegal in Oregon," said Lt. Kurt Barthel, a public information officer for the Oregon State Police southwest region.

Gill - who can understand and can speak some English but spoke through translator Harbans Sraon - disagreed.

"It was not concealed at all," Sraon said. Furthermore, Sraon said, the kirpan is a religious symbol protected by the Constitution, is not a weapon and should not have been taken away from Gill.

"The state has no business entering that," Sraon said.

Barthel said he has some knowledge of the Sikh faith but appeared unfamiliar with the kirpan.

The kirpan is one of five sacred religious symbols to baptized Sikhs. The others are the unshorn beards and hair, worn in turbans for men and head scarves for women; a steel bracelet; a comb; and special undergarments.

The faith recently celebrated the 400th anniversary of the Sikh holy scriptures, the Guru Granth Sahib. Yuba-Sutter Sikhs plan to celebrate the anniversary in November with a parade and religious services.

The Sikh faith originated in the state of Punjab, India. The faith teaches there is only one God, tolerance for other faiths and equality of the sexes. Sikhs are sometimes confused with Muslims, who are of a different faith.

According to Barthel, the stop was initialed when the officer saw Gill pour a liquid from his vehicle. Gill was on his way from Stockton to Tacoma, Wash., with produce.

The officer pursued Gill and followed him for several miles before he pulled him over, Barthel said.

The officer reported that the truck had no license plate. He also reported that when he ordered Gill to open his truck door, he saw the kirpan that he claims was concealed. The officer ordered Gill to keep his hands where he could see them, according to Barthel, but Gill made a motion for the knife, alarming the officer.

 

Gill adamantly disagreed and said he was mistaken for another trucker because there were many others on the road at the time, Sraon said, and he never made tried to reach for the knife.

"(The kirpan) is not supposed to harm," he said. "It's too dense. Any knowledgeable person knows that's not a weapon."

Gill also said his license plate was on his vehicle and that he checked it before leaving on his trip. He pointed out that if the plate were missing, he should have been cited for it.

In the citation Gill provided the Appeal-Democrat, the only violation mentioned is for the concealed weapon, which is a misdemeanor. There is no mention of a missing license plate.

Gill was detained during the incident. Gill claims he left the truck at gunpoint and was told to get on his knees. He said the officer dragged him to the ground and put a knee into his back and at some point on his head. The incident was caught on film in the patrol car, Gill claims.

Gill claims the officer told him that the police pull over and check people who look as though they are from India, Pakistan and or of the Sikh faith, which Gill and his translator said is illegal racial profiling.

Barthel said he wasn't there for the detainment and doesn't know what happened.

Most complaints are handled by regional offices, said Lt. Glenn Chastain, a spokesman at the state headquarters. But if there is an alleged abuse and a video of the incident, the police want to view it. The state has not received a formal complaint about the incident, Chastain said.

"Allegations like this we would follow up on," he said.

Officers are periodically taught the proper way to detain someone, Barthel said, and there should be no lasting pain.

"It's not made for comfort," he said of the detaining technique. "It's made for safety."

Local Sikhs have expressed outrage over the incident. They want Gill's kirpan returned to him, the charges dropped and officers educated about Sikhs so future misunderstandings can be avoided. Sraon said the incident has upset Gill, who is suffering back pain and having difficulty walking. Gill said he has been to the doctor to seek medical care.

"He's a nice guy," Sraon said. "He's very emotional about it."

Although Gill is currently pursuing an unspecified legal action against the office, Sraon said, he is willing to forgive and forget the incident if the state makes amends.

"We want to educate those people who are ignorant," Sraon said. "The case should be withdrawn because it was a misunderstanding."