At
least two people have won civil lawsuits over Kevin Davis' behavior as he rose
through the ranks of law enforcement
By Tracee Wilkins • Published April 26, 2021 • Updated
on April 27, 2021 at 6:16 am
Former Baltimore Police Commissioner Kevin Davis
will soon be the new chief of the Fairfax County Police Department, despite a
record of use-of-force cases while he rose through the ranks of the Prince
George's County Police Department.
Mark Spann is one resident who will never forget
what happened to him nearly 30 years ago.
The summer before Spann headed to law school in
1993, he was stopped by Davis, then a Prince George's County police officer, in
front of his family's home in Temple Hills.
"At that point in my life, I was under the
ideology that all police are here to help, to serve the community," Spann
said.
Last week, the Fairfax
County Board of Supervisors announced that former Maryland police chief Kevin Davis will lead their
police department, effective May 3. Former Chief Ed Roessler retired after more
than 30 years with the department, and eight years as its leader, in February.
Freitag worked for the
Fairfax County Police Department for five years, from Feb. 9, 2015, to May 9,
2020.
7News reached out to the
Fairfax County Police Department to comment on Sheriff Ivey's accusation. They
blame “administrative errors” and say they “have implemented procedural
safeguards to ensure it can not happen again.” The full statement from
spokesman Anthony Guglielmi is below.
"We have confirmed
that Mr. Freitag did not accurately represent his employment status with the
Fairfax County Police Department during his background process with the Brevard
County Sheriff's Office. We have also confirmed that a letter Mr. Freitag
provided Brevard County background investigators outlining his inaccurate
employment status led them to the Fairfax County Government Human Resources
Department rather than the Police Department's Internal Affairs Bureau.
The investigative files
pertaining to the allegations that were raised in the court motion were always contained
in the Police Department’s internal affairs files. That information would be
furnished to any prospective employer that requested such information and
received a signed waiver from the applicant, which is routine when law
enforcement officers seek employment with new law enforcement agencies.
The Police Department’s
personnel file also contained documentation noting the employee did not leave
in good standing and his ineligibility for rehire.
Due to administrative
errors, this information was not contained within the employee's human
resources file with Fairfax County Government and the Brevard County inquiry
was not properly forwarded to the police department from the Fairfax County
central personnel office when it arrived. Had Brevard County been able to
connect directly with the Fairfax County Police Department, this information
would have been shared with that agency as it was with the former employee’s
attorneys, the Commonwealth’s Attorney for Fairfax County and other
investigative entities. We take this matter very seriously and have implemented
procedural safeguards to ensure it can not happen again."
After Spann was stopped, he said Davis violently
took him to the ground and arrested him.
"At that point, Davis says, 'Give me your
hands' and lodges me to the ground, throws me to the ground, and proceeds to
mash my face into the pavement," Spann said.
It was never clear why Davis pulled Spann over, but
Spann was charged with battery, resisting arrest and disorderly conduct.
In an interview in 1993, with the blood from his
injuries dried on his face, Spann said, "I think it's out-and-out racism.
The first question he asked upon when we stopped was not, 'What have you done?
Where are you coming from?' It was, 'How did you get that car?'" Police
Department Must Revamp Promotion Process
Spann rode to the hospital in the front seat of
Davis' car. He would later describe those moments in court.
“I have to this date never experienced such racial
slants, slurs and epitaphs and the denigration," Spann said. "I
remember at one point he had placed his baton next to me on the seat, and he
began putting on black leather gloves, and these are all intimidation
tactics."
Spann won a civil lawsuit against Davis. Davis then
rose in the ranks.
Six years after Spann’s case, Davis, who was then a
sergeant, was sued for false imprisonment and arrest of a young man who claimed
Davis and other officers essentially kidnapped him for a night.
The victim won his civil suit.
Davis went on to become assistant chief of the
department and then led the Anne Arundel County and Baltimore police
departments.
"I'm incredulous that this person could rise
in the ranks of helping to serve a community, any community,” Spann said.
Davis released a statement to News4 that read:
“I’m proud of my long career in law enforcement
that includes leadership roles as Assistant Chief, Chief, and Commissioner in
three large jurisdictions. A career that includes a history of reform
accomplishments, a demonstrated commitment to diversity, crisis intervention,
use of force de-escalation, body camera implementation and police discipline
transparency. I look forward to leading Fairfax County into a bright future of
world-class constitutional policing.”
Davis did not respond to a request for a sit-down
interview with Spann.
“You are never going to forget but you are
compelled to move forward,” Spann said.
Jeff McKay, chair of the Fairfax County Board of
Supervisors, said he's excited for Davis to start and thinks he has a good
reputation across the region.
Davis will officially begin his role as chief of
the Fairfax County Police Department on May 3.
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