Fairfax County Police Watch: 10/10/16

Cop (unsuccessfully) sued department for releasing video of him abusing suspect

New video captures cop beating somebody else. He was fired, reinstated, then fired.

DAVID KRAVETS -

A federal appeals court on Monday dismissed a lawsuit brought by a fired Oklahoma police officer who sued his former department for damages after the agency released a video of the officer roughing up a suspect. The officer, Mike Denton, was fired and then reinstated with full back pay before being fired again years later after another video surfaced of him allegedly using excessive force on someone. Denton previously claimed the first video's release was a violation of his First Amendment right to free speech and association.

The 10th US Circuit Court of Appeals said the former officer did not prove that the release of the 2011 video by the Owasso Police Department was done in retaliation. Denton had previously e-mailed fellow union members urging them to reject a proposed collective bargaining agreement. But ultimately, the court said that Denton proffered "unsubstantiated allegations" (PDF).

The officer's suit, however, highlights that different people can come to varying conclusions about the value of police video. This idea first came to light with the Rodney King beating, but a similar split occurred with videos in Charlotte, North Carolina and El Cajon, California just last week. In this instance, Denton likely would not have found himself in hot water at all if not for the initial video.

In the Denton matter, the police department gave the Tulsa World video footage in 2011. Court documents describe this footage as Denton stepping on a suspect's head and then positioning the suspect's arms so that he "drove the suspect's face into the floor." What's more, the video shows Denton elbowing "the suspect in the face three times."

Last year, the Owasso City Council agreed to settle the federal civil rights lawsuit brought by the suspect whose abuse was caught on tape. The city agreed to pay $75,000 to Bryan Spradlin, 30. Arrested at his wife's residence on suspicion of intoxication, Spradlin claimed in his federal suit that he "suffered from numerous injuries, including facial cellulitis, due to Defendant's failure to secure immediate medical attention." The suit claims he also "suffered severe humiliation and emotional distress due to his abusive, demeaning, and humiliating treatment by the Officers."

Denton was fired in 2011 on allegations that he violated the department's excessive force rules. An arbitrator reinstated the officer a year later, ordering him to be given back pay and benefits totaling $283,000. Next, a Tulsa judge concluded that reinstatement would pose a "special risk of injury, physical and psychological, to citizens and, if he is allowed reinstatement, the department will be faced with explaining why Owasso allows abusive conduct by its officers, which is against the law." An Oklahoma appeals panel reversed this decision, and the state's Supreme Court declined to intervene—meaning that Denton returned to his job in 2014 with back pay plus $47,000 in overtime and $36,000 in interest, according to the Tulsa World.

Now Denton has been fired again, and he's accused of using excessive force on a second suspect, another incident captured on video. He faces an assault trial beginning November 28. Denton is accused of pushing the barrel of a shotgun through the window of a vehicle and repeatedly using that to strike the suspect

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.