Grassley
seeks answers in police shooting
Kathie Obradovich,
kobradov@dmreg.com 11:11 p.m. CST December 6, 2014
The family of an unarmed man
who was shot in his home and killed by police in Fairfax County, Va., has been
trying for 15 months to get local officials to answer basic questions: Who was
the police officer, and why did he shoot?
Iowa Sen. Chuck Grassley, the
incoming chairman of the Senate Judiciary Committee, wants to know, too. He
wrote letters last month to the Fairfax County police chief and the U.S.
attorney’s office seeking answers not only about the facts of the shooting of
John Geer but also about the startling lack of transparency.
Geer, 46, was killed by a
single shot fired by a police officer on Aug. 29, 2013, at his home in
Springfield, Va. A press release from Fairfax County police said officers
responded at 2:40 p.m. to a domestic dispute at Geer’s residence.
Geer was upset that his
girlfriend of many years was moving out and taking the couple’s two daughters,
according to Geer’s father, Don Geer.
Police later seized guns from
the house, but Geer was reportedly unarmed during the encounter. Don Geer said
when he arrived at his son’s home during the standoff, John Geer had his hands
on top of his head or on the door frame while three police officers pointed
guns at him from the yard.
While officers were attempting
to persuade John Geer to come out of the house, a police officer fired a shot.
“I heard the shot, and John
grabbed his side,” Don Geer said. The injured man went back inside the house
and shut the door. By the time police entered the house, which witnesses
reported was at least an hour later, John Geer was dead.
Since then, Geer’s family,
friends, the media and now Grassley have been unable to find out the identity
of the police officer, who remains on administrative leave. They don’t know why
the officer fired or why the other police did not. In January, Fairfax County
chief prosecutor turned the case over to federal prosecutors, citing a conflict
of interests. Nine months later, John Geer’s girlfriend filed a wrongful-death
suit.
Grassley got involved after
reading an editorial about the case in the Washington Post.
The police chief and an
assistant U.S. attorney responded to Grassley’s letters last week — but still
have not answered those questions. The federal prosecutor, Peter Kadzik,
indicated in his letter dated Nov. 21 that the Department of Justice had to go
to court to get information from the county and that information remains under
seal.
“Incredibly, it looks like the
Fairfax County Police Department resisted the U.S. attorney’s investigation and
lost in court, though the details are unclear,” Grassley said in a statement
Thursday. “While that explains some of the delay in the case, it doesn’t
explain everything.”
Grassley noted the U.S.
attorney’s office said it is not preventing the police department from
releasing information about the shooting. It has only advised the police
department to refrain from disclosing information about the federal
investigation.
“So, there is no reason to keep
the family and the public in the dark,” Grassley said.
A Grassley spokeswoman said the
senator’s staff will meet with a member of the Geer family this week.
Don Geer said in a phone
interview that he was appreciative of Grassley’s efforts, but he remains
frustrated by the lack of answers.
“He didn’t get many answers,
did he? I think he’s doing the best he can. He did a really good job in sending
the initial letter to the Fairfax County police and the Justice Department, but
he got stonewalled just like I’ve been and our attorneys and everyone else have
been for the last 15 months,” Geer said.
Geer noted that in Ferguson,
Mo., the police shooter’s name was released just seven days after Michael
Brown’s death, and the grand jury decision was handed down in less than four
months.
There was a grand jury decision
in New York City six months after Eric Garner died after being restrained in a
choke hold by a police officer.
“The whole situation is
troubling,” Geer said. “You think justice will prevail and our judicial system
will do the right things and be good about the whole thing.” But at times, he
says, he wonders whether his son’s case will ever be resolved.
Grassley is still working on a
separate case involving the May 31 death of a 20-year-old Iowa man, Brandon
Ellingson, who drowned in Lake of the Ozarks while in the custody of a Missouri
state trooper. In that case as well, the family has raised concerns about lack
of transparency from authorities.
A Grassley spokeswoman said the
senator is waiting for some information from the Ellingson family’s attorney
before asking the attorney general for an investigation.
Grassley is doing a real
service in investigating these cases, but this is too important to address on a
piecemeal basis. Beyond the issues of racial politics, there needs to be a
serious discussion about how public disclosure is handled in these cases around
the country.
There’s a saying that justice
delayed is justice denied. The Geer family has been denied justice for over 15
months. They deserve answers.
REGION
BRIEFS:
FAIRFAX,
Va.
—The Justice Department says
Fairfax County withheld information sought by federal prosecutors in their
criminal investigation of a fatal shooting by a county police officer.
U.S. Sen. Charles Grassley,
R–Iowa, asked the Justice Department last month to explain why the
investigation into the August 2013 shooting of 46-year-old John Geer of
Springfield is taking so long.
Assistant Attorney General
Peter Kadzik said part of the delay is that the Justice Department had to sue
to obtain material for its investigation from Fairfax County.
County spokesman Tony Castrilli
said that all information sought from the county Police Department has now been
provided.
Witnesses say Geer was unarmed
when shot by an officer responding to a call for a domestic dispute.
Rookie
NYPD cop texted union before calling 911 after accidentally shooting innocent
man
By RYAN GORMAN
A New York police officer who
shot a man dead in a Brooklyn housing project texted his union before calling
911, a new report has revealed.
Akai Gurley, 28, was gunned
down November 20 by rookie cop Peter Liang. The officer then texted his union
representative before calling paramedics to tend to the dying Gurley, sources
told the New York Daily News.
Liang fired one shot, then he
and his partner went radio silent for more than six minutes, according to the
paper. A 911 operator who knew the duo was in the building was even unable to
reach them during their minutes off-the-grid.
"That's showing negligence,"
a law enforcement source told the Daily News. "The guy is dying and you
still haven't called it in?"
Text messages received by the
police union also showed both officers had no clue which building they were in,
the source revealed. They were in the notorious Louis Pink Houses, in the East
New York section of the borough, according to reports.
Liang and Shaun Landau, his
partner, encountered Gurley while on an interior patrol referred to as
"verticals" by police.
A superior officer, Deputy
Inspector Miguel Iglesias, had previously barred them from such patrols, the
source added. The preferred strategy was to remain outside unless summoned to
an emergency.
"But Iglesias' philosophy
was, 'I want a presence on the street, in the courtyards - and if they go into
the buildings they were just supposed to check out the lobby," said the
source.
Iglesias was reportedly furious
the pair had gone against his wishes and entered the building, leading to the
shooting incident.
The shooting was accidental.
The officers Glock .9mm went off as he opened the door while holding a
flashlight because the lights were out. The bullet actually ricocheted off the
concrete wall and struck Gurley as he took the stairs with his girlfriend. She
was reportedly not injured.
An attorney for Gurley's family
has called the incident criminally negligent and told the Daily News he would
be surprised if it does not reach a grand jury.
Brooklyn District Attorney
Kenneth Thompson will present the case to a grand jury later this month. The city
Medical Examiner's Office has already ruled the death a homicide.
The disturbing details
surrounding Gurley's shooting death were made public as the city is in the
midst of days of protests over a grand jury's decision to not indict the cop
who many believe put Staten Island father Eric Garner in a chokehold that led
to his death.
Gurley's funeral is scheduled
for Sunday.
Community
outraged over John Geer investigation
SPRINGFIELD, Va. (WUSA9) --
There is outrage in Fairfax County after news that the police department
blocked a criminal investigation into a fatal police shooting.
John Geer was unarmed standing
in his Springfield doorway with his hands in the air when he was shot 15 months
ago.
"You're in your house, you
think police will protect you, and you get killed. It's really sad," said
Malika Derdr, who lived next door to John Geer and his family before he was
shot and killed. Now the Geer's townhouse is for sale and his girlfriend and
children have moved out.
"I never heard any
screaming or saw any trouble for him," said Derdr. She was stunned when
she learned police shot and killed him on August 29, 2013.
Neighbors' pictures show Geer
with his hands up and at least one officer with his gun drawn and pointed.
"He had his hands up with
no movements whatsoever and a shot was fired. I mean, no justification,
whatsoever," said Don Geer, John's father who witnessed the shooting. Don
Geer believes the county has failed him.
The Geer family has filed a $12
million dollar wrongful death civil suit against Fairfax Police Chief Edwin
Roessler, the Police Department and three John Doe Police Officers who
responded that day. On December 5th, Geer's attorney Michael Lieberman filed
motions to try to force the police to hand over documents about the shooting, including
the name of the officer who fired.
But Commonwealth's Attorney Ray
Morrogh handed the criminal investigation over to the Justice Department which
told Senator Charles Grassley that it had to sue the Fairfax Police Department
over withheld materials. Sources say police withheld the same files from the
Commonwealth's Attorney.
Springfield Supervisor Pat
Herrity says he remembers being told the officer's name, but he has since
forgotten. He says he supports the police policy which allows for the age,
years of service and duty station of the officer to be released, unless there's
a good reason to withhold that information.
Herrity says he's outraged the
county blocked a criminal investigation but does not blame the police chief.
"I don't think this is the
police department covering this up I think it's the county attorney's office
maybe being a little over protective," said Herrity.
The Board of Supervisors hired
the county attorney. "And we have instructed him, perhaps too late, but
we've instructed him fully comply and that's why I'm outraged to hear that we
stood in the way of justice getting their documents." says Herrity.
Board Chairman Sharon Bulova
issued a statement today saying:
"...My colleagues on the
Board of Supervisors and I are frustrated and dissatisfied with the length of
time this investigation has taken. The Geer family and the community deserve
information and closure.
Federal investigators have been
provided all information and materials from the County that they have
requested. I urge the Department of Justice to bring this investigation to a
timely resolution."
Feds
say Fairfax County slowed federal investigation of John Geer police shooting
By Tom Jackman December 4
The Justice Department,
attempting to explain why there has been no visible movement in the 15-month
investigation into the Fairfax County police shooting death of John Geer, says
in a newly released letter that Fairfax “withheld materials” from the probe and
that there were “a number of challenges in investigating this case.” The letter
also says that Justice has not given any instruction to Fairfax not to discuss
the shooting, only the federal investigation itself.
The letter is below. It was the
second response to Sen. Charles Grassley (R-Iowa), who last month asked five
questions of both the Fairfax police and the Justice Department concerning the
ongoing investigation. Geer was unarmed and was shot once in the chest as he
stood in the doorway of his Springfield townhouse in August 2013 after standing
and speaking with officers for 50 minutes. Fairfax police have refused to
identify the officer or discuss why the shot was fired, and this week they
declined even to reveal his age, length of service and assignment. The Fairfax
police general order on release of information after a critical incident states
that the department “shall release” such information “unless release may
jeopardize the employee’s safety.” Capt. Dorian Portee declined to say why the
information was being withheld.
“Incredibly,” Grassley said in
a statement Thursday, “it looks like the Fairfax County Police Department
resisted the U.S. Attorney’s investigation and lost in court, though the
details are unclear. While that explains
some of the delay in the case, it doesn’t explain everything. Fortunately, the U.S. Attorney’s letter
removes the excuse for not answering questions, since it clearly states that
the police department is free to disclose information about the shooting. So,
there is no reason to keep the family and the public in the dark. ”
Grassley asked the Justice
Department if the Fairfax police “refused to provide to your office any
information or documents pertaining to this case — including the personnel file
of the officer who allegedly shot Mr. Geer?” Assistant Attorney General Peter
J. Kadzik responded, “There have been a number of challenges in investigating
this case. Issues concerning withheld materials were favorably litigated by the
Department in a court matter that is and remains filed under seal.”
Lawyers familiar with federal
proceedings said that response is likely a reference to grand jury proceedings,
which are under seal, and an attempt by prosecutors and the grand jury to
obtain documents from Fairfax County. Lawyers for the county have advised the
Fairfax police to resist prosecutors’ attempts to obtain personnel or internal
affairs files on the officers involved, several officials familiar with the
case said. Geer’s lawyers said when a federal grand jury sought to subpoena
those records, Fairfax lawyers likely fought that in court, leading to the
Justice Department’s reference to “litigated by the Department in a court
matter” under seal, as nearly all grand jury proceedings are.
“I suspect, but I don’t know,”
said lawyer Michael Lieberman, who has sued the Fairfax police on behalf of
Geer’s family, “that Fairfax County thought it had some kind of privilege or
other reasons to withhold information from the grand jury, they went to court
and my read is they lost and had to provide the information. There are other
possibilities but they are so remote that this is the most logical one.”
Fairfax Supervisor Pat Herrity
(R-Springfield) said of the Justice Department letter, “If the county attorney
actually fought providing information and litigated it, I’m going to be very
angry. The county shouldn’t be placing hurdles in front of the investigation,
they need to be providing information so that the Justice Department can make
the correct determination in a timely basis – we owe that to the officer and
John Geer’s family.”
The letter also clarifies the
timeline in the case: Fairfax Commonwealth’s Attorney Raymond F. Morrogh
referred the case to the U.S. attorney in Alexandria in January, not February,
which was when he first disclosed the move. Morrogh reportedly also had been
seeking personnel or internal affairs records in the case, had been rebuffed by
the police, and shifted the case to federal authorities after four months. The
Justice Department has now had the case for 11 months.
Fairfax County police did not
respond to questions about the letter. Fairfax Board Chairman Sharon Bulova
said a written response was forthcoming, which will be included here when it is
received. [UPDATE, 4:20 p.m., Dec. 4: Fairfax spokesman Tony Castrilli wrote
that, "As the DOJ letter states, certain information was the subject of
court proceedings which are sealed by law, but all information sought from our
Police Department has been provided...We also are awaiting a conclusion of the
investigation and remain committed to our policy not to interfere with or
jeopardize that process. " The county declined to answer specific
questions about the case.]
Tom Jackman is a native of
Northern Virginia and has been covering the region for The Post since 1998.
Geer
Lawyer Expects Hearing Before New Year On Springfield Shooting
By Tim Peterson
#Out of 128 requests for the
production of documents made by the Geer family lawyer Michael Lieberman, all
but two have been denied by Fairfax County.
#In September, Lieberman filed
a $12 million lawsuit against the county for the wrongful death of Springfield
resident John Geer. Geer died in August 2013 after being shot by Fairfax County
Police.
#The names of the officers
involved in the shooting have yet to be released, as well as any explanation of
why Geer was shot, or why he didn’t receive first aid immediately.
#“Their intentions are very
clear,” Lieberman said of the County, “to not give any information until the
court orders them to do so, do nothing voluntarily. This is their policy, to
stonewall.”
#A spokesman from Fairfax
County declined to comment.
#Lieberman said the explanation
he’s received for the continued blockade is that a criminal investigation is
currently underway.
#Fairfax County Chief of Police
Edwin Roessler said in a September interview that the case was being handled by
the Department of Justice. However, U.S. Attorney Dana Boente’s office has
continued to decline to comment.
#“We have eyewitnesses to the
incident who’ve never been called in front of a grand jury,” said Lieberman.
“How do we know they’re not even done? After 15 months, I think you give up
your right to withhold this type of information. We have a right to know, just
like in Ferguson, just like everywhere else.”
#Lieberman is expecting to have
a court hearing before a judge in the next two to three weeks.
#“Hopefully we’ll get some
answer sometimes soon,” he said. “We pay for this, these folks are responsible
to us. Where is the Board of Supervisors on all this? Is this the way they want
their county run? They won’t adopt a citizen review board, that’s clear, so how
are you doing to be answerable?”
