Fairfax County Police Watch: ACLU alleges Dover police misconduct

Sean O'Sullivan, The News Journal

The American Civil Liberties Union filed a federal civil rights lawsuit Monday against the city of Dover and a police officer alleging misconduct by an officer the group says assaulted a man during a routine police encounter last year.

Lateef Dickerson, 30, of Dover, suffered a broken jaw and facial cuts and was hospitalized as a result of a confrontation with Dover Cpl. Thomas W. Webster IV following a disturbance at a U.S. 13 service station on Aug. 24, 2013. While Dickerson was charged with assault, theft and resisting arrest those charges were later dropped.

Dover police spokesman Cpl. Mark Hoffman said Monday afternoon the department would be looking into the lawsuit. He added that the internal affairs investigation regarding Webster was complete, but would not say if the officer had been disciplined or not.

In a written response, the department said, "At this time we are in the process of reviewing the allegations made against the City of Dover Police Department and have observed some inaccuracies [in the allegations] about the actions taken by the police department in this matter."

While the suit relates to a single incident from 2013, Delaware ACLU Executive Director Kathleen MacRae said her organization has "had conversations with individuals in Dover that would indicate this is not necessarily an isolated incident."

MacRae said there have been allegations of both excessive force and racial profiling by others related to the Dover Police Department. "I would say we have broad concerns," MacRae said.

According to the suit, Dickerson was buying gas at the Hess Service Station on U.S. 13 in Dover when a fight involving several customers erupted inside the building and the clerk warned everyone in the store that he was going to call police.

While the initial reports indicated that patrons were "armed," no one apparently had any weapons.

Dickerson left and went to a building across the street where he was confronted by Webster, who told Dickerson to "freeze and put his hands in the air."

Dickerson complied, according to the lawsuit, and Webster then approached Dickerson from behind and hit him and demanded Dickerson "get on his knees and put his hands up."

Again, the suit claims Dickerson complied but was nonetheless knocked unconscious by Webster.

Prior to being knocked unconscious, Dickerson was not informed that he was under arrest and Dickerson only regained consciousness as he arrived at Bayhealth-Kent General Hospital in a police car, according to court papers.

At the hospital, doctors determined Dickerson had a broken jaw, and cuts on his lip, nose and forehead requiring stitches.

Webster was suspended with pay on Nov. 4, and the Delaware Attorney General's Office had enough concerns about the case that it brought the matter to a grand jury. But in March that panel did not return any charges against Webster.

Attorney Daniel Herr, who is representing Dickerson, along with the ACLU, said that failure to indict by the grand jury ended both the Attorney General's inquiry into the matter and the Dover Police Department's internal investigation and that Webster did not face any additional punishment.

Herr said there is video of both the original confrontation in the Hess station and of Webster's subsequent confrontation with Dickerson and they will be seeking copies of both in the discovery process.

Dover police confirmed there was video of the incident but declined to release any copies earlier this year because it related to a personnel matter.

Dover City Council president David Bonar said he's behind the city's police force 100 percent.

"This was an issue that was reviewed by Internal Affairs and the Attorney General's office and it was determined that there was no criminality involved. We have worked with the police department … to ensure that they have the adequate sensitivity training they need," Bonar said.

Mayor Robin Christiansen, who oversees the department under the city's charter, said the department operates within the confines of the law.

"Anyone not adhering to those rules will be dealt with by myself and the chief," he said. "Until proven otherwise, they are here to protect and serve our citizens and equally administer the law to everyone."

Dickerson has a lengthy criminal record, including convictions for resisting arrest, reckless endangerment, DUI and drug charges. He also has weapons charges pending against him in both Kent and New Castle counties.

Delaware ACLU Legal Director Richard Morse said he believes there is clear evidence that Webster used excessive force in this incident "and that is the only issue."

"Whether or not Mr. Dickerson did something wrong in the past has no bearing on whether or not the conduct of Officer Webster was improper," Morse said, adding that everyone is entitled to be treated properly.

The lawsuit, filed in U.S. District Court in Wilmington, seeks damages to compensate Dickerson for the injuries and ongoing medical issues related to the assault and a court injunction to force Dover to improve its training, supervision and internal review procedures.

According to the lawsuit, Dover as a matter of "policy and/or custom" has failed to properly investigate or discipline allegations of police misconduct in the past "providing no accountability for city's police officers."

"Individual officers cannot be permitted to abuse their authority and police departments must hold them accountable when they do so," MacRae said.

Staff writer Jon Offredo and News Delivery Editor Jon P. Zaimes contributed to this story.

Contact Sean O'Sullivan at (302) 324-2777 or sosullivan@delawareonline.com or on Twitter @SeanGOSullivan

Morrogh finds cop he doesn’t love. In other news, hell freezes.

Probe of fatal police shooting goes to federal authorities

By Justin Jouvenal/Post

The Fairfax County prosecutor has turned over the investigation of a fatal police shooting of an unarmed Springfield man to federal authorities, citing complications with the five-month-old case.

Commonwealth’s Attorney Ray Morrogh said the U.S. attorney’s office for the Eastern District of Virginia has agreed to continue the probe into the death of 46-year-old John Geer, who was shot during a standoff with Fairfax County police in August. No one has been charged in the incident.

“There is a conflict of interest that has arisen in the case,” Morrogh said Thursday. “And there is a second potential conflict of interest that has arisen out of my office. . . . This is the prudent thing to do.”

Morrogh declined to describe the nature of the conflicts because the investigation is ongoing. The U.S. attorney’s office said Thursday that it could not confirm or deny any investigation or comment on pending investigations.

Police went to Geer’s Pebble Brook Court home on Aug. 29 because of a report of a domestic disturbance. Geer’s father, Don Geer, said his son was upset because his girlfriend, the mother of his two children, had decided to leave him.

John Geer had thrown his girlfriend’s belongings in the front yard. She called police and told them that Geer had a firearm. Police said they tried for about 50 minutes to persuade Geer to leave the home, but he refused.

Don Geer said he watched the climax of the encounter. He said that he could not hear what officers were saying to his son but that he saw him standing with empty hands resting on top of a screen door at the home’s entrance.

At some point, John Geer began to slowly lower his hands and an officer opened fire, hitting Geer in the chest, his father said. Geer retreated inside and closed the door. A SWAT team eventually entered the home and found Geer dead.

Don Geer said detectives later told him that his son did not have a gun on him at the time of the shooting but that there was a holstered handgun a couple of steps from the front door.

Don Geer said it appeared to him that the shooting was unjustified, but he was unsure what to make of the probe being turned over to federal authorities.

“I don’t know whether that’s good or bad — if I had a better idea of why they are doing it, I could form an opinion,” he said.

Geer and friends of his son have been critical of how long the investigation has taken, but Morrogh said police and prosecutors were working to explore all the evidence. He did not think federal prosecutors would have to start from scratch.

“No one wants these things to linger on,” Morrogh said.

Our ink will outlast his career

Under the reign of former Chief of Police Rhorer the Fairfax County Police arrested a man for not wearing clothes in his house while he made coffee, set up an eye doctor on a gambling charge and then used the SWAT team to kill him. An investigation into the charge that the Doctor’s primary clients were cops has never been investigated. The police gunned down an emotionally unstable man because cop who shot him wrongly assumed the man was trying to escape. He wasn’t. The cops also shot dead four other citizens under highly questionable circumstances. The department under Rhorer was sued multiple times by citizens. So did they fire Rhorer? Naw they promoted him. According to news reports Rhorer draws a salary of $191,168 per year as Deputy Fairfax County Executive as well as a concurrent pension from the Fairfax County police of $173000 per year.

Occupation by force

According to the most recent U.S. Census figures, nearly one in five Fairfax residents (17.5 percent) is of Asian descent while Hispanics make up nearly 16 percent of Fairfax’s overall population. Those numbers drop considerably when applied to the Fairfax County Police Department, where only 4.3 percent of officers are Asian and 4.1 percent Hispanic. White officers make up 84 percent of Fairfax County’s 1,360-member police department, significantly higher than the county’s general population (54 percent white). Almost 90% of the force lives outside the county.