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."