The John Geer killing


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?”