Experts question the legality of Sandra Bland arrest, death

Bland was found dead in her jail cell three days later

PRAIRIE VIEW, Texas – The dashcam video of 28-year-old Sandra Bland being arrested in Texas by a state trooper for failing to signal a lane change, has ignited a firestorm of reactions from across the country, after Bland was found dead in her jail cell three days later, allegedly hanging herself with a plastic bag.

The district attorney's office is now calling for a murder investigation into the case.

The video is one of the last visual accounts of the 28 year-old alive. According to News4Jax crime and safety analyst Gil Smith and local attorney Gene Nichols, who isn't associated with the case, she shouldn't have been put under arrest in the first place.

The contentious confrontation between Sandra Bland and Texas State Trooper Brian Encina quickly escalates from bad to worse in just seconds.

WATCH: Dash cam footage of Sandra Bland arrest

"You seem very irritated," Encina said. "I am, I really am," Bland responded. "You mind putting out your cigarette please," Encina continued. "I'm in my car. Why do I have to put out my cigarette?" Bland questioned.

Bland's refusal to put out her cigarette is followed by the trooper's demand for her to get out of the car. Neither of which, Smith said, was she required to do.

"He asks her to put out the cigarette, which I may have done too, because I know she's upset and could have burned him with the cigarette, there's a slight risk there. But that's fine, she doesn't have to put out the cigarette, and remember he's only writing her a citation," Smith said.

Smith said failing to use a turn signal is not an arrestable offense in Florida, and from the video, he doesn't see any probable cause to pull her out of the car.

"She does not have to exit the vehicle, she can stay in her car. Now if he had seen some contraband, that's different. Or if he had a cause to make an arrest, then yes, you can get her out of the vehicle," Smith said.

But forcing Bland out of the car is exactly what Encinia does, pulling her out of the vehicle with a Taser in his hand. It's then that a scuffle can be heard off camera.

According to the trooper's arrest report, "Bland became combative and uncooperative. She was placed in handcuffs for officer safety." He said, "Bland began swinging her elbows at me, and then kicked me in right shin. She was placed under arrest for assault on a public servant."

Nichols said the trooper's claim may be hard to prove, because he says Bland shouldn't have been arrested in the first place.

"I'm very concerned when such a small issue rose to such a large issue as quickly as it did, and then to suggest that a woman of her size, who is already on the ground handcuffed, with her hands in handcuffs, was able to throw elbows. That's concerning that that allegation can even be made," Nichols said.

Bland also tried to record her confrontation with police with her cellphone, but because she reached for her phone while police were ordering her to be handcuffed, Smith said the police had the right to restrain her and not let her use her phone.

Three days after her arrest, Bland was found dead in her jail cell. Police said the 28-year-old hanged herself with a plastic bag from the trash can. Her family disputes those claims and is asking for a second autopsy.

Wednesday night, sisters from the Sigma Gamma Rho sorority, of which Bland was a member, held a vigil at Edwin Waters College in Jacksonville, to pay tribute to Bland and her family. 

Michelle Banks, a sorority sister of Sigma Gamma Rho spoke with News4Jax about the vigil. 

"With this being the 22nd, we came together across the country as a sisterhood to honor our fallen sister," Banks said. 

Samantha Betton, the First Vice President of the chapter here told News4Jax about their message to the youth.

"We have to make sure that the youth understand that their life matters too," Betton said. 

To show that Bland's life mattered, the sisters signed a poster with messages of support to her family, all while holding candles that represented the light their sister was to the world. They plan on sending that poster to the national Sigma Gamma Rho office.


About the Author:

Tarik anchors the 4, 5:30 and 6:30 p.m. weekday newscasts and reports with the I-TEAM.