Fairfax County Releases Statement on Shooting of Springfield Man
By Tim Peterson
http://www.connectionnewspapers.com/
It’s been more than 16 months
since John Geer of Springfield was shot and killed by a Fairfax County Police
Department (FCPD) officer. And since the Aug. 29, 2013 shooting, scant
information on the incident has been provided by the FCPD or the county Board
of Supervisors, such as an explanation of what transpired up to and following
the shooting, and the identities of the officers involved. They’ve kept this
information from the media, the public and the Geer family, citing an ongoing
federal investigation into the death.
That was until Jan 5, when
Fairfax County released a 304-word statement regarding the events surrounding
Geer’s death. For the first time, the officer who shot Geer was named: PFC Adam
Torres, who the statement said, “fired a single shot that struck Geer.”
#“We’ve had policies in place
regarding when a police officer’s name and information is released,” Board of
Supervisors chairman Sharon Bulova said Monday night. “Usually it’s a matter of
weeks. In this particular case it turned out to be an unusual situation that
took longer.”
#Police had been called to
Geer’s house by his partner and mother of his two daughters Maura Harrington,
over a domestic dispute. The statement says officers, “including a trained
negotiator,” talked with Geer for over half an hour while he stood in the
doorway of his house, arms raised above his head and resting on the doorframe.
#“Geer was reported as having
multiple firearms inside the home,” the statement says, “displaying a firearm
that he threatened to use against the police, and refused the officers’
requests that he remain outside and speak to them.”
#Torres then shot Geer in the
chest when he began lowering his hands.
ACCORDING TO THE STATEMENT a
SWAT team entered Geer’s house, after Geer died, and found a loaded, holstered
handgun on the stairs by where he had been standing.
“A large amount of citizens have guns in their
home. Does that give them the right to come and shoot you?” said Jeff Stewart
of Chantilly, a friend of Geer’s for over 25 years who witnessed the shooting.
“At the time he was shot he wasn’t bearing any
arms. He owned them. Why is it relevant to the release? Does a loaded gun show
intent? The burden fell on the police to defuse the situation, let the guy go
inside, chill out.”
Geer’s father Don didn’t hear
about the county’s release until someone called to say it was happening on
television.
“The press release I felt was very tainted
towards the police department,” he said. “It depicted John as being a terrorist
or something, had all these guns in the house. He was a hunter. It didn’t sound
like that.”
THOUGH THE COUNTY’S STATEMENT
refers to a Circuit Court ruling that they “may release some information
pertaining to the Aug. 29, 2013, officer-involved shooting of John Geer,” the
Dec. 22 opinion from judge Randy Bellows was a court order.
After a Dec. 19 hearing in
Fairfax, Bellows quickly turned around a response forcing the county to produce
more than 100 documents being sought by lawyer Michael Lieberman in a $12
million civil suit over Geer’s death. According to Lieberman, the county had
previously objected to all but six of 127 requests for documents.
“That’s pretty amazing to have a judge turn
around and give you a 12-page opinion over a weekend,” said Lieberman. “He
obviously worked on it all weekend, he listened carefully.”
The documents include
everything from 911 calls and witness statements to the medical treatment of
Geer and blood pattern examination. Bellows is holding off granting or denying
production of several documents as they relate to the county’s internal
investigation or the federal investigation. He gave the county 30 days to
produce all the others.
The FCPD has defended their
silence so far through the criminal investigative privilege afforded by the
Virginia Freedom of Information Act (FOIA). The department declined to comment
for this story and the Fairfax County Attorney’s office didn’t respond to an
interview request.
In his opinion piece, Bellows
wrote: “The entity seeking to assert the criminal investigative file privilege
is no longer responsible for any aspect of the criminal investigation and the
entity that is now solely responsible for the criminal investigation has made
it clear that it has taken no step to discourage the custodian of the criminal
investigative files from disclosure of most of the files at issue.”
Bellows referred to
correspondence between U.S. Sen. Charles Grassley of Iowa and Assistant
Attorney General Peter Kadzik, acknowledging that the case currently sits with
the U.S. Department of Justice, not the state’s attorney or the FCPD. Grassley,
ranking member of the Senate Judiciary Committee, sent formal inquiries to FCPD
Chief Edwin Roessler and U.S. Attorney Dana Boente about the case in November
2014. He sent another letter to Fairfax County Commonwealth’s Attorney Raymond
Morrogh in December.
Kadzik answered Grassley that
the FCPD wasn’t instructed to withhold information about the shooting, only the
federal investigation.
Lieberman has continued to
criticize the Board of Supervisors, who have authority over the FCPD and
allowed the silence from that department to continue.
For Stewart and the Geer
family, the continued silence, even with this recent disclosure, has been
frustrating and painful.
“It’s surreal enough to watch your friend get
shot,” said Stewart. “It goes to a whole different level when no one’s held
accountable.”
“I can’t figure out why I’ve had to go through
this miserable 16 months in order to hear anything being done at all,” said Don
Geer. “Closure would be why someone pulled the trigger and killed my son,
that’s as much as I can expect at this point in time. A better idea of why did
it happen.”
“We need to be transparent and
we haven’t been,” he said in a recent interview. “The county attorney is
supposed to provide advice, we make decisions. I think we’ve been following
overly protective legal advice instead of making the right decision in this case,
is really what it boils down to.”
Lieberman said he sees this
action by the county as “preemptive damage control.” He continued, “The only
positive thing I take out of it is some claim they’re finally going to change
the policies.”
Bulova admitted the Board of
Supervisors, FCPD and County Attorney’s policies on information sharing all
need to be examined. "In retrospect,” she said, “our policies need to be
changed to provide information sooner if there is a delay like this.”
She also addressed the possibility
of revisiting creating a citizen’s police advisory council.
“At least it’s getting their attention,” Geer
said. “The idea of the police investigating the police just doesn’t work.
That’s all there is to it.”
Lieberman is optimistic that
future hearings will help produce more documents, and for now at least some
answers to 16-month-old questions are coming forward.
“The nightmare of John’s shooting isn’t ever
going to end,” he said, “but the nightmare of what the county’s done, at least
we can see the light at the end of the tunnel for getting over that part.”
Fairfax Cops Block Geer Killing Investigations
By John Lovaas/Reston Impact
Producer/Host
http://www.connectionnewspapers.com/
#Finally some of the smoke is
clearing. Sixteen months after unarmed John Geer was killed standing in his
doorway by an unidentified Fairfax County Police officer we are getting an
explanation of the wall of silence surrounding his death. In response to an
inquiry by U.S. Senator Chuck Grassley, R-Iowa, the Fairfax Commonwealth
Attorney (prosecutor) Raymond Morrogh revealed why he failed to complete his
investigation into Mr. Geer’s killing and took the unusual step of passing the
case to the U.S. Attorney (U.S. Justice Dept.) a year ago. The Fairfax
prosecutor typically works closely with police investigators looking into
possible abuse or criminal acts by police officers. He depends on their
detective work in deciding whether to recommend charges or empanel a grand jury
(as in Ferguson, Mo. or New York City) to seek indictment. In the case of John
Geer’s death, Mr. Morrogh told Senator Grassley that “the decision by the Chief
of Police…to withhold requested materials effectively prevented me from
completing the investigation and rendering a decision.” Morrogh said that Chief
Roessler, who is appointed by and in theory accountable to Fairfax County Board
of Supervisors, was supported by County Attorney David Bobzien, also a
subordinate of the Chairman and Board of Supervisors in refusing to hand over
evidence. Furthermore, Roessler also refused to cooperate in providing evidence
requested by the Justice Department. Finally, the Justice Department took the
County and Police to court, and a judge ordered Fairfax County Police to
provide the evidence sought. Only now, under court order, have the cops agreed
to cooperate to some extent with the U.S. Attorney’s investigation. We shall
see.
#What on earth is going on
here? Why have we heard nothing from the people who the Police Chief works
for—Fairfax Board Chairman Sharon Bulova and the nine silent District
Supervisors? On Fairfax County’s organization chart, it is clear that the
Police Department--just like the Departments of Community Services, Planning
and Zoning, and Information Technology, for example—reports to, takes direction
from and has its policies set by the Chairman and Board of Supervisors.
Department chiefs can also be removed by the Board.
#Why have Bulova and the Board
not directed FCPD to drop the shroud of secrecy so inappropriate in an open
society, and to cooperate fully with the Commonwealth Attorney and Justice
Department? Indeed, who is in charge?
#Perhaps Chairman Bulova and
the Supes have not noticed the growing agitation here and around the USA about
the lack of accountability of police forces often resembling military units. In
view of the Geer killing and several others here under questionable
circumstances—including Dr. Salvatore Culosi, Randal Leroy Collins, David
Masters, Hailu Brooks—and FCPD’s 72-year history of no officer ever being
charged, Fairfax County may be the impunity capitol of the country. Other
jurisdictions the size of Fairfax County have created independent citizen
oversight panels to assure transparency and open communication on matters of
police abuse and use of lethal force. It is time this County did so as well.
Tragically, Fairfax County’s lack of accountability encourages a small number
of trigger-happy bad actors within the force to abuse their power, and lose for
all the confidence of those they are supposed to protect.
Seven unanswered questions in the Fairfax police shooting death of John Geer
By Tom Jackman
The Washington Post
After Fairfax County on Monday
decided to release the name of the officer involved in the fatal shooting of
John Geer in 2013, and make the new allegation that Geer had threatened police
with a gun, there remain a number of crucial unanswered questions in the case.
Here are our top seven. You can add yours in the comments:
1) Why did Officer Adam Torres
fire one shot at close range and kill John Geer?
After 16 months of silence, the
Fairfax police identified a 31-year-old eight-year veteran from the West
Springfield patrol station as the shooter, but would not say why he fired. Did
Torres think that Geer, after between 30 and 50 minutes of discussion, was
reaching for a gun when he began to lower his hands from the top of the storm
door? Witnesses say Geer’s hands had only reached eye level when Torres fired.
When officers feel threatened, they are trained to fire more than one time.
Other officers were also on scene, with weapons aimed at Geer, but they did not
fire. Was the shot intentional, or an accident? Did Geer say something that
caused Torres to feel threatened?
2) When will a decision be made
about whether to charge Torres with a crime?
The case is now in the hands of
the Justice Department’s civil rights division, which is not known for prompt
decisions (see the Oscar Grant case in Oakland from 2009, or the Trayvon Martin
case from 2012). The investigation, initially conducted by the Fairfax police
homicide section and reviewed by Fairfax Commonwealth’s Attorney Raymond F.
Morrogh, was shifted to the U.S. attorney in Alexandria in January 2014 after
Morrogh ran into roadblocks obtaining internal affairs information from the
Fairfax police, Morrogh has said. The FBI and Justice Department lawyers then
investigated, subpoenaed the same internal affairs information Morrogh sought,
then passed the case to Main Justice in November for a ruling.
The difference between the Geer
case and Grant, Martin, Michael Brown and others is that local prosecutors and
juries made decisions on those cases before the feds got involved. This time,
the feds are the first ones to make a call. And if they decide there was no
civil rights violation — defined as a government entity willfully denying a
citizen their rights — does the case then return to Fairfax prosecutor Morrogh
for a decision on whether state law was violated? How long would all this take?
3) What internal affairs files
were the Fairfax and federal prosecutors seeking in this case?
This has apparently been a
major sticking point for investigators, and several officials familiar with the
case said that both Morrogh and the federal prosecutors were seeking
information not on the shooter, Torres, but on one of the police witnesses. The
issue reportedly is whether the witness has had prior problems with
truthfulness. Fairfax prosecutors are careful not to use witnesses whose
truthfulness has been challenged in court, because it allows defense attorneys
to attack their testimony. Did a police witness in the Geer case offer
corroborating testimony for Torres, or conflicting? This is also complicated by
the legal precedent that statements given by officers in internal
investigations, mandatorily, cannot be used against them in criminal cases,
where they are not required to testify. Morrogh reportedly was not seeking to
prosecute anyone based on the prior cases, but Fairfax County attorneys still
resisted.
4) How will Fairfax County
proceed in the civil lawsuit filed by Geer’s family?
Frustrated after a year of
silence, Geer’s family sued Fairfax police Chief Edwin C. Roessler Jr. and the
county in September, seeking answers. Fairfax resisted providing any pre-trial
discovery, saying the case was still under federal investigation. Fairfax
Circuit Court Judge Randy I. Bellows last month ordered Fairfax to turn over
everything that was obtained before the case went to the feds in January 2014
and gave them 30 days to do so. After two weeks, Fairfax has not yet done so.
In the last police shooting to go to civil court, the 2006 killing of unarmed
optometrist Salvatore Culosi, Fairfax County fought Culosi’s lawyers for four
years in federal court before finally agreeing to pay a $2 million settlement
on the eve of trial. Will Fairfax again take a hardball approach to the family
of a man shot dead by one of their officers?
5) When will Fairfax County
provide a detailed timeline of what happened that day?
After 16 months, the Fairfax
police for the first time revealed not only Torres’s name, but a new claim that
Geer was “displaying a firearm that he threatened to use against the police.”
The police also stated that “a trained negotiator” was involved and tried to
get Geer to emerge from his townhouse, though Geer was not holding any hostages
and was not known to be suspected of any crimes. Geer’s father said he was told
by police that Geer was unarmed, and he does not appear armed in a photo taken
shortly before the shooting, though a holstered, loaded handgun was found a few
feet from the doorway. The Geer family’s lawyer, Michael Lieberman, said he had
never heard any report about Geer displaying a gun or that a negotiator was
involved. What other details do Fairfax authorities have about the case,
including their decision to wait an hour before rendering aid to the mortally
wounded Geer?
6) If the case languishes at
the federal level, will Sen. Charles Grassley get involved again?
Grassley (R-Iowa) is now the
chairman of the Senate Judiciary Committee. As the case sat quietly within the
Justice Department, he fired off letters to the Fairfax police chief, the U.S.
attorney and the Fairfax prosecutor, asking what was causing the delay. The
responses to his questions made it clear that no one was silencing the Fairfax
police, clearing the way for Judge Bellows to order them to release information
to the family in the civil case. Will he seek more information if the case goes
quiet again?
7) Why have Fairfax police not
previously stated that Geer was “displaying a firearm that he threatened to use
against the police”?
When Ferguson police Officer
Darren Wilson’s full explanation of why he shot Michael Brown was made publicly
available, it provided a previously missing component to the discussion of why
Brown was killed. Wilson’s version of events came less than four months after
the shooting, but well after the civil unrest it caused. In Fairfax, there has
been no civil unrest, and, until Monday, very little information.
Fairfax County identifies police officer Adam Torres as shooter of John Geer
By
Tom Jackman, Washington Post.
Sixteen
months after a Fairfax County police officer shot and killed a Springfield man,
officials for the first time Monday identified the officer as Adam D. Torres,
and made a new claim that the man had a loaded gun nearby and threatened to use
it.
The
longtime partner of John B. Geer, 46, had called police on Aug. 29, 2013, after
she told him she was leaving him and he responded by throwing her belongings
out of their house. In a statement released Monday, police said they were told
Geer not only had “multiple firearms” inside the townhouse but also that he was
“displaying a firearm that he threatened to use against the police.” That
statement contradicts previous witness accounts that Geer was unarmed when he
was shot.
The
attorney for Geer’s family, Michael Lieberman, strongly disputed the claim that
Geer displayed a gun and threatened to use it. “I’ve never heard of him
displaying any firearm at the police and I have no reason to believe he did,”
Lieberman said. Don Geer, John Geer’s father, said he was told by police that
his son was unarmed when he was shot.
Fairfax
police declined to answer any questions about the statement or clarify when
Geer displayed or threatened to use a gun. The handgun found inside the house
was loaded and holstered, the statement said.
Fairfax
officials did not notify Geer’s family or their lawyers that they planned to
release the officer’s name and new details about the case, Lieberman said.
The
statement also said that Geer refused officers’ requests to stay outside and
speak with them, and that “a trained negotiator” tried to resolve the
confrontation. But when Geer began lowering his hands from the top of his storm
door after more than 30 minutes of discussions, “PFC Adam Torres fired a single
shot that struck Geer.”
The
statement said “Geer did not answer the officers’ calls and offers of medical
aid.” Police waited for an hour — and for the arrival of a SWAT team and a
hostage rescue vehicle — before entering Geer’s home, where he was found dead.
Fairfax
said that “a loaded, holstered firearm was recovered on the landing of the
stairs to Geer’s left where he had stood in the doorway and seven more firearms
were recovered inside the home.”
Lieberman
said he had never heard of a negotiator speaking with Geer and that the seven
other guns in the house were in a locked safe.
Police
said Torres is an eight-year veteran of the department and assigned as a patrol
officer to the West Springfield district, but they declined to release his age.
He has been on administrative duties since the shooting.
Torres
could not be immediately located for comment. He has not been involved
previously in any fatal police shootings in Fairfax.
The
investigation of whether Torres should be charged with a crime was handled for
four months by the Fairfax commonwealth’s attorney, who transferred the case in
January 2014 to the U.S. attorney in Alexandria. Federal officials are
considering whether to file civil rights charges in the case, but Fairfax Board
Chairman Sharon Bulova said Monday she had no indication when that might be.
County
officials said they felt the information release was appropriate after a
Fairfax judge in the Geer family’s civil lawsuit against Fairfax last month
ordered a vast amount of pretrial discovery to be released to the family.
Before that, the police had refused to disclose Torres’s name or anything about
him, or any details about why Torres might have shot Geer.
Bulova
said county officials were frustrated by their inability to release
information, but abided by policies that had worked in previous police
shootings: to wait for a ruling on whether a crime was committed before discussing
a case. But she said after 16 months, and the ruling in the civil case by
Fairfax Circuit Court Judge Randy I. Bellows, she met Monday with Fairfax
Police Chief Edwin C. Roessler Jr. and both felt the time was right to release
the information.
Bulova
said the timing was unrelated to a planned protest outside the Fairfax police
headquarters Thursday by a group called Justice for John Geer, which recently
formed to demand information about the shooting.
“This
has just been an unusual situation,” Bulova said. “It was bumped up to the
federal level for, I think, multiple reasons. And we were sort of left in
limbo.”
Bulova
said she did not know when the county’s lawyers would comply with Bellows’s
order to release documents and other evidence to Geer’s family, but she said
Fairfax County Commonwealth’s Attorney Raymond F. Morrogh did not object to the
release. Bellows gave the county 30 days to provide the information.
Lieberman
also said he did not know how or when he would receive the information. He said
Monday’s statement appeared to be “damage control. To try to show they have
some sense of transparency. A little late, I would say.”
Tom
Jackman is a native of Northern Virginia and has been covering the region for
The Post since 1998.
I don’t believe this police report and I do believe that in the end, the cops will get away with this one too.
No one on the scene saw or heard John Geer
speaking to a neither “trained negotiator” nor have the cops provided any photographs or film
recording the trained negotiator, or provide the negotiators name.
Where are the photographs of the supposed holstered
gun in the hallway? Are their two signed reports from two different cops
declaring that they both found the gun in the hallway?
The
police report leaves out the fact that the cops didn’t enter the property for
almost an hour after they shot Geer and as a result, he bled to death and that
the other weapons found on the property where under lock and key.
In the end, none of that matters.
They’ll get away with this one too and nothing will change.
Statement from Fairfax County Police:
The Fairfax
County Police Department reports that the Circuit Court of Fairfax County has
determined that the department may release some information pertaining to the
August 29, 2013, officer-involved shooting of John Geer, even while the
investigations into the incident remain ongoing.
On August 29,
2013, Fairfax County police officers responded to a call by Geer's domestic
partner reporting a domestic dispute with Geer. Officers spoke to the
complainant and Geer outside their residence. Geer was reported as having
multiple firearms inside the home, displaying a firearm that he threatened to
use against the police, and refused the officers' requests that he remain
outside and speak to them. Officers, including a trained negotiator, attempted
to peaceably resolve the situation. They spoke with Geer for more than thirty
minutes as he stood in the doorway of his home.
When Geer began
lowering his hands at one point during the negotiations, PFC Adam Torres fired
a single shot that struck Geer. Geer immediately retreated inside the home and
shut the front door. Geer did not answer the officers' calls and offers of
medical aid. A SWAT Team and a hostage rescue vehicle were used to effectuate a
safe approach and entry into the home. Once inside, the SWAT officers, who were
accompanied by a tactical paramedic, found Geer deceased. A loaded, holstered
firearm was recovered on the landing of the stairs to Geer's left where he had
stood in the doorway and seven more firearms were recovered inside the home.
This matter is
the subject of an ongoing investigation by the Department of Justice and an
internal, administrative investigation by the Police Department. Officer
Torres, who has been employed by the Police Department for eight years, was
placed on administrative duty following the incident and remains so pending the
outcome of the criminal and administrative investigations.
Chairman Sharon Bulova's Statement
Chairman Sharon Bulova's Statement
On behalf of the
Board of Supervisors, I would like to express my deepest sympathy to the family
and friends of John Geer. Any untimely death is a tragedy, and our Board
continues to be extremely frustrated and disappointed with the amount of time
it has taken for this investigation to come to a resolution.
I am pleased
that the information and details we are releasing today are now available to
the public. This breaks the logjam that has prevented the sharing of
information that the public and the Geer family have been requesting. In the
Geer case, there are three separate investigations and a civil lawsuit. The
County has policies in place to avoid interfering with and jeopardizing open
criminal and civil cases. The court order resolves staff concerns regarding
what could and could not be shared.
This is an
unusual and complicated situation for Fairfax County. Our current policies
regarding a police involved shooting do not address the unique situation where
the Commonwealth's Attorney refers a case to federal investigators. Our Board
will thoroughly review these policies to make sure we are consistently
responsive and transparent with regard to police incidents and public safety
concerns.
In Fairfax
County, we have worked very hard to build trust within the community,
especially with the Police Department, and our policies must reflect this.
Statistically,
Fairfax County is the safest jurisdiction of its size in the United States and
I am very proud of our public safety professionals who help to make that
happen. In Fairfax County, our police officers enjoy a strong and positive
partnership with the community they serve and protect. Each of our eight Police
Districts has a Citizens Advisory Committee that meets regularly. At these
meetings, residents of the area have the opportunity to learn of safety issues
in their community and share information that is of concern to them.
Additionally, the County's Neighborhood Watch programs operate with strong
support from and collaboration with our Police Department. All of our Fairfax
County high schools and middle schools benefit from specifically trained School
Resource Officers.
As Chairman, I
have made it a point to ride throughout the County with the Police Chief on
National Night Out and I can tell you that the community's trust and appreciation
of our police officers is enormous. Most recently, Chief Roessler established a
Police Department Diversity Council, consisting of representatives of our
County's minority populations, to help ensure law enforcement's sensitivity to
the many cultural differences that exist within our community.
The unique
positive relationship that our Police Department has established with the
community they serve is significant. This has helped to foster trust of public
safety and is a major factor in keeping our crime rate extraordinarily low.
While this has been a unique and complicated set of circumstances, our Board is
committed to making sure Fairfax County policies will not result in delays
should similar situations arise in the future.
Fairfax County
has provided all information and materials requested in order for these
investigations to move forward. We join with the Geer family and the community
in urging a fair and timely resolution.
Raise the hiring IQ for cops: Off-duty Erlanger police officer accidentally shoots self in Over-the-Rhine
WCPO Staff
CINCINNATI - CINCINNATI -- An
off-duty police officer from Erlanger, Kentucky was accidentally shot in
Over-the-Rhine on Saturday when his weapon discharged in an elevator. The
incident happened about 8:30 p.m. at the Mercer Commons Parking Garage near the
intersection of Vine and Mercer streets. Erlanger police officer Darryl Jouett
had just had dinner and was heading back to his car with his wife when his
duty-issue .40-caliber semiautomatic handgun discharged inside the elevator.
The bullet ricocheted off the wall and struck him in the stomach, according to
Capt. Mike John "It's very unusual. Obviously you have somebody that's
used to handling firearms," John said. "It's very unusual to see
somebody discharge a firearm, accidentally, in a confined space like that. It's
very unusual." The next day,
Erlanger police said Jouett went to adjust his belt when the service weapon
fired in its holster. It's unclear if he had the safety on.
10 to o one he gets away with it
Former Tequesta police chief
says he accidentally shot wife in Ga., investigators say
By Marisa Gottesman and Adam
Sacasa
Cops say former Delray police
deputy chief shot his wife in Georgia
An Atlanta-area police chief
who previously helped lead two agencies in Palm Beach County says he
accidentally shot his wife early New Year's Day inside their Georgia home.
William McCollom, the Peachtree
City, Ga., police chief, had served as a major at Delray Beach Police
Department until 2006, and then served as chief of the Tequesta Police
Department until 2010.
y in Georgia, McCollom called
911 to report accidentally shooting his wife, Margaret, while moving a handgun
that was in their bed inside the couple's bedroom, Peachtree City Police Lt. Mark
Brown said.
McCollom's wife was flown to
Atlanta Medical Center, where she was in critical condition.
A 911 dispatcher asked
McCollom, "Who shot her?"
"Me," McCollom said.
"The gun was in the bed, I went to move it, and I put it to the side and
it went off."
McCollom's wife can be heard
crying in the background. He told the dispatcher he shot her in the back.
"Oh my God," the
police chief said. "How the hell did this happen?"
McCollom has been placed on
administrative leave pending the outcome of the investigation and an internal
review. He has not been charged with any crimes.
Longtime Delray Beach residents
say they were surprised to hear McCollom, their former Delray deputy chief,
shot his wife.
"People are praying for
his wife and also praying for a plausible explanation," said former Delray
Mayor Jeff Perlman. "There is a lot of emotion. There is a lot of
disbelief and concern."
Perlman was mayor when McCollom
worked for Delray's police force until he left the city.
"He was actually a major,
but they called him a deputy chief," Perlman said. "He was No.
2."
But Perlman remembers McCollom
from years before Perlman became an elected official in 2000. When Perlman was
a newspaper reporter, he said, McCollom worked as a Delray canine officer.
"I did stories on the
canine unit," Perlman said. "I knew him early in his career and
watched him move up the ladder."
Perlman said McCollom wasn't
about just law and order. He said he promoted community policing, which meant
getting out of the patrol car and interacting with residents to help solve
problems.
Perlman said McCollom
encouraged his fellow officers to attend homeowners' association meetings and
develop relationships with residents.
"He was a deep-thinking
kind of guy," Perlman said. "He was really interested in trying to
break the cycle of poverty and crime in the Northwest Southwest
neighborhood."
He said McCollom was
instrumental in creating a program to help at-risk youth learn how to fix cars
after he saw a pattern of kids stealing cars. Perlman said the program ran for
10 years.
Perlman said he turned to
McCollom for advice during the seven years when he was in office. "He was
a huge help to me," Perlman said. "He was on the top of the list of
people I relied on and really looked up to."
In Georgia, investigators would
not discuss what led McCollom to open fire. The police turned the criminal
probe over to the Georgia Bureau of Investigation and the prosecutor's office
there.
Georgia Bureau of Investigation
spokeswoman Sherry Lang said initial reports suggested that McCollom shot his
wife twice, but later information revealed she was shot once. Authorities said
the police chief fired his department-issued firearm, a 9-mm Glock handgun.
During McCollom's 911 call, he
told the dispatcher he and his wife were asleep when the gun went off. He also
identifies himself as police chief of Peachtree City during the phone call.
"He is fully cooperating
at this point, and he has been interviewed," said Lang, who declined to
comment on what McCollom told investigators.
Want to cut down on police brutality? Make police pay for their own misbehavior. It would be good for taxpayers — and justice
By Bonnie Kristian | December
29, 2014
Eric Garner's family plans to
sue the New York Police Department for $75 million. Tamir Rice's parents have
filed a wrongful death lawsuit. Michael Brown's family may likewise launch a
civil suit against the St. Louis police.
No matter the outcome of these
three legal actions, they're already guaranteed to have at least one thing in
common: Any settlement award would be overwhelmingly (if not completely) paid
by taxpayers, while the police officers responsible for the deaths of Garner,
Rice, and Brown would be mostly or entirely let off the financial hook.
This phenomenon is not unique
to these cases or locales. Indeed, it is common practice for the monetary costs
of suits alleging police misconduct — however grave — to be shifted away from
the officers responsible.
One study from June 2014
calculated that taxpayers picked up the tab for no less than 99.98 percent of
the $730 million paid to victims of civil rights violations by 44 of the
largest police departments from 2006 to 2011. New York City is relatively
unusual in that it requires "officers to contribute small amounts when
officers have been found to be acting outside of policy." Elsewhere, even
when the police departments involved agreed with the courts' decisions and
fired or otherwise punished the cops in question, officers' bank accounts
remain untouched.
In midsize and smaller cities,
the same study noted, officers "never contributed to settlements or
judgments in lawsuits brought against them." In fact, in jurisdictions
where it is illegal to shield police from paying (or at least contributing to)
their own settlement costs, many local governments simply ignore the law and
financially shield cops anyway.
Proponents of this system
argue, as the Supreme Court did in Forrester v. White (1988), that "the
threat of personal liability for damages can inhibit government officials in
the proper performance of their duties." Police who are preoccupied with
protecting their pocketbooks may be overly cautious while pursuing criminals,
the reasoning goes, so it's important to protect them from frivolous lawsuits
which could ruin them financially.
But in practice, police already
exist as a special legal class, enjoying many protections not afforded to the
rest of us. Cops are significantly less like to be indicted or convicted than
regular citizens, and they are often afforded an extra measure of privacy in
any tangle with the justice system. In Chicago specifically, police officers
accused of the worst types of abuse, like rape and excessive force, face a one
in 500 chance of experiencing any consequences more serious than a one-week
suspension.
And in the meantime, the costs
of these settlement payments quickly pile up, as victims and their families in
the more shocking or widely publicized cases may successfully sue for hundreds
of thousands or even millions of dollars. New York City taxpayers paid out some
$735 million for police misconduct settlements in 2012 alone, and the NYPD
expects annual settlement spending to top $800 million by 2016.
Cleveland recently agreed to
pay $3 million to the families of two men who were killed by police. In August,
L.A. settled the death of an unarmed veteran for $5 million. By comparison,
Denver has gotten off easy, spending not quite $11 million on police
settlements involving brutality or civil rights violations in the last decade.
But it gets worse. Taxpayers
"in some cities, such as New York and Philadelphia, are paying three times
for officers who repeatedly commit abuses: once to cover their salaries while
they commit abuses; next to pay settlements or civil jury awards against officers;
and a third time through payments into police 'defense' funds provided by the
cities," according to research from Human Rights Watch. Suffice it to say
taxpayers aren't getting a good deal.
Of course, some suits do manage
to make officers pay. This typically requires a special demand by the victims
or their families in pursuit of accountability, and it frequently results in a
far smaller settlement. "[These victims] want an acknowledgment that the
police did them wrong or hurt them," says Craig Futterman, a professor at
University of Chicago Law. "That's why some of these settlements are for
such small amounts."
Maybe more important than the
size of the award, however, is the incentive provided by mandating police
contribution to settlements.
While requiring cops to wear
body cameras seems like a necessary step toward accountability post-Ferguson,
the lack of indictment for Eric Garner's death (which was caught on camera)
suggests video alone may not do the trick. Cynical though it might sound,
making police officers more financially responsible for their behavior could be
a stronger incentive for justice — not to mention a boon to taxpayers now
paying thrice over for systemic police brutality.
With a fixed requirement of,
say, 50 percent officer contribution, settlement awards would be far lower to
ensure they could be collected. Yet what these awards might lose in size they
would gain in meaning, giving the victim and his family a greater sense of
justice.
Even more important, however,
is to avoid instances of police brutality in the first place. And if monetary
penalties can effectively (and literally) raise the cost of police engaging in
abusive behavior, this reform is definitely worth a try.
Anti-brutality activists aim to ‘evict’ St. Louis police from headquarters
Anti-police violence movement
'taking it up a notch,' organizers say; St. Louis cops respond with pepper
spray, arrests
by Massoud Hayoun
Scores of protesters at the
helm of the ongoing nationwide movement against police violence stormed the St.
Louis Metropolitan Police Department Wednesday, aiming to “evict” officers they
accused of “perpetrating police brutality on our citizenry.”
Five of the roughly 25
demonstrators who linked arms in the lobby of the police department were
arrested in the headquarters, the St. Louis Police Department told Al Jazeera.
Police pepper-sprayed and forced other protesters off the premises.
The detainees — four women and
one man — were charged with “trespassing and peace disturbance,” said Leah K.
Freeman, the department's spokeswoman.
The man was charged with “assault 3rd [degree] for assaulting a City
Marshall inside the lobby of police headquarters.”
Among the protesters was a
white couple who pretended to open an account at the St. Louis Police Credit
Union, located inside the building. The arrested included a white college
student, a young Mexican-American man, one black woman and a
Palestinian-American mother in her 50s. Organizers said the detained activists
— like the rest of the demonstrators who stormed police headquarters — were
peaceful and did not conduct themselves differently from their fellow
activists.
“We got a lot of people in
there because we didn’t look like what they think protesters look like,” said
Elizabeth Vega, 48, one of the organizers, explaining that the police were
likely expecting more black demonstrators. Originally from Mexico, Vega has
lived in the St. Louis area for 14 years.
Protesters who were driven
outside erected a makeshift “barricade” at the headquarters’ main entrance, organizers
said. By mid-afternoon local time, that barrier separated a small line of
police from the demonstrators, whose ranks swelled to 75 from the original 25.
Another 18, including 12 females and 6 males, "were arrested for impeding
the flow of traffic" outside the station, Freeman said. One was charged
with "interfering with an officer" after allegedly hurling a
projectile at the police.
“We specifically chose this
date, because we knew it would be a skeleton crew,” said one of the protesters,
Jessie Sandoval, 41, of the police being short-staffed on New Years eve.
Sandoval travelled to Ferguson, Missouri in August to protest police brutality
after a white police officer, Darren Wilson, shot and killed Michael Brown, an
unarmed black teenager, on Aug. 9, sparking an outcry against the policing of
communities of color across the country.
Protests have spread from the
St. Louis area across the nation since Brown’s killing, one of several police
killings of black men this year that focused international scrutiny on the use
of lethal force as a law enforcement tactic.
Among a list of demands the
protesters delivered Wednesday to police before officers arrested and pepper
sprayed protesters was a meeting with police officials and the immediate
dismissal of white officers they identify as having unjustly killed young black
men. VonDerrit D. Myers Jr., 18, was reportedly brandishing a jammed gun in a
standoff with white police officer Jason H. Flanery when Flanery shot and
killed him in St. Louis. People at Wednesday’s protest cite Flanery’s online
diatribes against gays and Muslims as a sign of his discriminatory policing.
Kajieme Powell, 25, was killed
by St. Louis police on Aug. 19. The police officer told the media at the time
that the officer had followed protocol and killed him in self-defense, but they
have yet to reveal the name of the officer involved in the incident.
“There are too many young
people getting shot by police. We’re just taking back” the police department,
Vega said.
“We’ve not been listened to. So
we’re just taking it up a notch and doing traditional acts of disobedience.”
Witness who filmed Delray melee describes chaotic scene
Cory Provost, a witness of the
Delray Beach melee says the situation started over an argument with police
By Kate Jacobson
A witness to a melee that broke
out in Delray Beach on Saturday said the situation became heated when police
officers approached a birthday party at a house in the Southwest neighborhood..
It lead to a 50-plus person
melee that included a group of people forming a human shield to keep officers
from a man who police wanted to detain.
Raw video of a melee that broke
out in Delray Beach on Saturday, after Officers say they smelled marijuana in
the area.
Cory Provost, a New York City
resident who is visiting Delray Beach over the holidays, said about 30 people
were at a birthday party on the corner of Southwest Eighth Avenue and Southwest
Third Court just after 7:30 p.m. when an unmarked police car pulled up to the
house.
He said two officers wearing
uniforms got out of the car, walked onto the lawn and accused the partygoers of
smoking marijuana. Provost said that wasn't true.
"There was a lot of
shouting back and forth," he said. "The residents were asking the cops
to leave the yard and they didn't do so."
Part of the exchange was caught
on camera, which Provost uploaded to his YouTube channel.
Police Sgt. Nicole Guerriero
late Wednesday said the footage doesn't show the entire incident. And because
only a portion is being shown, police said, it's not a fully accurate depiction
of what happened.
Officers smelled marijuana in
the area, saw someone who they thought was smoking and followed him into the
yard, Guerriero said Tuesday. In an arrest report, officers said the man they
saw was a known drug user with whom they've had contact in the past.
Provost said the situation did
get out of hand — for both the partygoers and the police. He said at first,
people formed a semi-circle around police questioning them as to why they were
there. When police started yelling at them, he said, the people became more
agitated and began shuffling around.
"Then, a little later on,
something was thrown," he said. "You heard a glass crack, I think a
bottle or something was thrown, and I believe it hit the police vehicle."
Guerriero said the police
vehicle's windshield was damaged in the skirmish.
In the arrest report, police
said they were patrolling the area because it is an area known for high drug
use.
Guerriero said Tuesday the officers
were afraid of what could happen in the situation and called for backup. There
were four officers and an estimated group of 70 people involved by the end of
the scuffle, she said. It lasted for more than an hour.
Provost said police should've
tried to calm down the group in this situation. When the partygoers questioned
why the police were on private property, Provost said they should've gotten
answers, not yelling from the police.
"There's a lot of rhetoric
going around that if you question police you're anti-police, and I don't think
that's the case," he said. "I think we want to have police approach
situations with a little more compassion and respect because we, too, are human
beings. If there was more trust in the community of our police, a lot of these
situations wouldn't happen."
Is the NYPD Engaged in a Massive Temper Tantrum, Refusing to Write Tickets As Payback Against the Mayor?
by Nick Chiles
Are NYPD officers in Brooklyn
in the midst of a massive temper tantrum to show their displeasure with Mayor
Bill de Blasio?
Officers in the two precincts
connected to murdered Officers Winjian Liu and Rafael Ramos have virtually
stopped issuing tickets, according to a story in the New York Daily News,
basically conducting an enormous work stoppage.
The precincts are the 84th,
where Liu and Ramos worked, and the 79th, where they were murdered. The News
said just one summons was issued in the 84th in the seek since they were
killed. There were no summonses written in the 79th. In the previous week leading
up to their death, the precincts issued a total of 626 parking, moving and
criminal summonses.
In fact, the entire force of
34,000 cops appears to be engaged in the work stoppage, according to News
figures. Across the entire city, just 2,128 summons were issued in the past
week, compared to 26,512 for the previous week.
Arrests also have plummeted—115
in the past week for drugs, compared to 523 the previous week. Transit arrests
have dropped from 662 to 20 and housing arrests fell from 258 to 65.
“Guys are on edge,” an
unidentified police supervisor told the newspaper. “They’re still angry at the
mayor and they’re not about to do anything they don’t absolutely have to do.”
If the numbers are telling a
true story, it is a massive case of insubordination, affecting city revenue and
ultimately affecting all city residents. It is, in effect, a paid
strike—officers receiving their salaries without doing the jobs they are paid
for.
The police force is
demonstrating its extreme disrespect for the mayor of the city, showing him
that he dare not express sympathy for the darker residents in their midst—even
if some of those darker residents happen to be his children.
The city has not seen this
level of disrespect since the mayoralty of David Dinkins, the city’s first
African-American mayor, who was often at odds with the force in the 1990s after
controversial shootings when he would visit the families of victims—taking
sides with the enemy, in the eyes of many police officers.
It is also showing disrespect
to city residents, who have every right to expect their police force to do its
job. If the force feels such little compunction about exhibiting such massive
levels of misbehavior, one wonders what kind of message they are getting from
the police commissioner. He said he didn’t approve of the turning of their
backs on the mayor during Ramos’ funeral. What does he think about them
forgetting that they are police officers for the past two weeks?
Perhaps there is a silver
lining in a city where the force stopped and frisked millions of Black and
Hispanic males over the course of a decade: Black and brown boys could finally
walk the streets in a small measure of peace.
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