Now how hard was that?
The release of the David Master tape six years after
Masters was unjustly killed by the Fairfax County Police is sort of-kind-of-
progress….like when they come up with a cure for a disease after
everybody’s dead…..that kind of progress.
But progress it is.
In the end result, the department did the right thing. It
investigated itself, found a gun happy loon had slipped on to the force and
fired him for the public good and safety.
Terrible things happen in life.
One young man is dead and another has ruined his career. People understand that sort of
thing, especially under the circumstances that the tape shows. Frankly, if I
was chasing a guy through traffic at high speeds and he was stopped and then
lunged forward, even by mistake, I’m not sure what I would do in the same
situation. But one thing I know that I would do, in fact I’m positive I would
do, is that I would explain myself. It’s one of those social niceties people
expect after you kill a guy in public.
But the cops didn’t do that. Well they did, but it took them six to do it.
The department took the arrogant route, said nothing,
explained nothing and pissed off everybody.
Instead of releasing that information to the public…that one trigger happy
cop made a tragic mistake…..the department said nothing, explained nothing,
further damaged the county’s reputation and brought themselves another inch
closer to federal oversight. (Yeah, that
could still happen)
The American people are fair and reasonable and almost
always support and appreciate their local police and to prove it all the cops
had to say was “A police guy did something stupid and tragic, here’s the tape
to prove it and we fired him, we’re ready to take the blame for his actions and
we understand the anger over it. We’re sorry it happened and we’re doing the
best we can to make sure it doesn’t happen again”
Now how hard would that be?
Statement from
Fairfax County Police Chief Edwin Roessler
May, 6, 2015 - In an effort to continue with increasing
our transparency and the public trust, I have exercised my discretion under the
Virginia Freedom of Information Act by authorizing the release of the in-car
video from the criminal investigation into the officer-involved shooting of
David Masters that occurred in the Mount Vernon District on Friday, November
13, 2009.
Based on several requests, the video was provided to the
Ad Hoc Police Practices Review Commission and is posted here.
In reaching my decision to release the in-car video, I
considered the following factors: the
local criminal investigation has been completed; the U.S. Department of Justice
criminal investigation has been completed; and there is no pending or
threatened civil litigation.
The involved officer was found to be in administrative
violation of the Police Department’s General Order 540.1, Use of Force, and is
no longer a member of the Fairfax County Police Department.
I recognize the
value of releasing the video to the community we proudly serve.
Justice Department Will Investigate Baltimore Police Practices
By MATT APUZZO and SHERYL GAY STOLBERG
New York Times
MAY 7, 2015
WASHINGTON — The Justice Department will investigate
whether the Baltimore Police Department engaged in a pattern of unconstitutional
policing, law enforcement officials said on Thursday, a day after the mayor
asked for an inquiry.
The request by Mayor Stephanie Rawlings-Blake came days
after the state’s attorney for Baltimore filed criminal charges against six
officers involved in the arrest of Freddie Gray, who died April 19 after being
injured while in police custody. His death set off large demonstrations, arson
and looting.
At a policing conference earlier on Thursday, the
Baltimore police commissioner, Anthony W. Batts, said he did not object to an
outside investigation, adding that he was committed to reforming the Police
Department. He said he recognized that Baltimore residents did not trust the
city to make changes voluntarily.
“I am willing to do anything it takes to win that trust
back,” he said. “If it’s D.O.J., whatever it takes.”
Protesters said the unrest set off by Mr. Gray’s death
was the culmination of years of police mistreatment. The turmoil has dominated
Attorney General Loretta E. Lynch’s first days in office.
“The situation in Baltimore involves a core
responsibility of the Department of Justice — not only to combat illegal
conduct when it occurs, but to help prevent the circumstances that give rise to
it in the first place,” Ms. Lynch said on Capitol Hill on Thursday.
There was no immediate reaction from Ms. Rawlings-Blake.
Earlier Thursday, the mayor convened business, religious and philanthropic
leaders at the intersection of West North and Pennsylvania Avenues, near a CVS
store that was looted and burned in last week’s riots, to announce a
public-private partnership to improve areas devastated by the unrest. She
called it a “once-in-a-generation effort to tackle inequality.”
Ms. Lynch, who took office a week after Mr. Gray died,
was in Baltimore this week to meet with community, religious and political
leaders about whether to conduct a “pattern or practice” review, which would
look into whether police officers used excessive force, carried out street
stops based on race or arrested people without probable cause.
Representative Elijah E. Cummings, a Democrat who
represents Baltimore — and who lives four blocks from the CVS that was burned —
said there was uniform agreement.
“She asked them, ‘How many of you all think we should
have a patterns and practices review investigation?’ ” Mr. Cummings recalled in
an interview Thursday. “If I remember correctly, all of them raised their
hands; there were about 40 of them. And I raised mine too.”
Mr. Cummings said that even before that meeting, he and
other members of Congress from Maryland had a conference call with Ms. Lynch
shortly after she took office in which he asked for such a review.
The decision by the Justice Department was welcome news
to civil rights advocates who had been pressing for a review for a long time.
“A range of people and organizations have been asking for this for years,” said
Sonia Kumar, a staff attorney with the American Civil Liberties Union of
Maryland, “but really, I think those calls became louder and more forceful in
the wake of the death of Freddie Gray.”
Civil rights investigations often end with court
settlements and independent oversight of police departments. They can be
powerful agents of change, but they are not immediate, and the Baltimore
investigation could take a year or more. A similar investigation into the
Police Department in Ferguson, Mo., took seven months, an extraordinarily fast
timeline for such cases.
Mr. Batts and the mayor had already asked the Justice
Department’s community-policing experts to conduct a voluntary review of the
department. The preliminary results of that review will most likely be released
in the coming weeks and are expected to recommend changes to training and
use-of-force policies. Those recommendations would not be binding, but Mr.
Batts said he planned to work with the community-policing experts to make
changes to the department regardless of what civil rights investigators did.
A version of this article appears in print on May 8,
2015, on page A14 of the New York edition with the headline: Justice Dept. Will
Examine Baltimore’s Police Patterns. Order Reprints| Today's Paper|Subscribe
Murderous Arrogance: Six years later the Fairfax County Police Release tape of questionable killing…
Once again Sharon Bulova and John Faust
said nothing and did nothing about it and now they want you to reelect them.
Fairfax County police release
video in 2009 officer involved shooting
By Tom Jackman May 6 at 5:33 PM
Fairfax County police Officer
David S. Ziants, left, and an unidentified Fairfax officer approach a green
Chevrolet Blazer, right, seconds before Ziants shot and killed the unarmed
driver, David Masters. (Fairfax County Police Department dashboard video)
Note: This post has been
updated to edit the video and add the comments of Masters’ father and ex-wife.
David Masters of Fredericksburg
was shot and killed by Fairfax County police Officer David Scott Ziants on Nov.
13, 2009, as Masters drove on Route 1 in the Alexandria area of Fairfax County.
Masters was unarmed and had ripped some flowers out of a planter in front of a
business, which led to the police pursuit.
On Wednesday, the Fairfax
police released the dash cam video from Ziants’s car. The actual shooting is
not visible, but the sounds of the shots can be heard (at 1:49), followed by
another officer apparently telling Ziants, “What are you doing? Hold up! Whoa!
Hold up! The —- you doing dude? Come on.”
Fairfax County police release
2009 video of officer involved shooting(3:00)
On Wednesday, Fairfax County
police released dash cam footage of the 2009 chase of David Masters, which
ended in him being fatally shot by police. (YouTube/Fairfax County Government)
Fairfax police did not explain
why they chose today, more than five years later, to release the video. In
March, the police rejected a freedom of information act request from The
Washington Post to allow a review of the investigative file in the case, also
without explanation. In Virginia, law enforcement agencies may release, or
withhold, any investigative information under state public information law,
indefinitely.
[The circumstances leading up
to the death of David Masters on Route 1.]
In a statement accompanying the
release, Fairfax police Chief Edwin C. Roessler said: “In an effort to continue
with increasing our transparency and the public trust, I have exercised my
discretion under the Virginia Freedom of Information Act by authorizing the
release of the in-car video from the criminal investigation into the
officer-involved shooting of David Masters that occurred in the Mount Vernon
District on Friday, November 13, 2009. Based on several requests, the video was
provided to the Ad Hoc Police Practices Review Commission and is posted here.
In reaching my decision to release the in-car video, I considered the following
factors: the local criminal
investigation has been completed; the U.S. Department of Justice criminal
investigation has been completed; and there is no pending or threatened civil
litigation.”
Fairfax Commonwealth’s Attorney
Raymond F. Morrogh ruled in January 2010 that Ziants had not committed a crime,
because Ziants believed that Masters was driving a stolen car, was reaching for
a gun and had run over another officer, none of which was true. Ziants was
allowed to remain on the force until May 2011, when then-Chief David M. Rohrer
fired Ziants.
Barrie Masters, 83, said the
Fairfax police sent him a link to watch the video, and “I am really distraught.
It’s totally wiped me out.” He asked, “How can we live in a world where a cop
can just come up behind somebody, no matter what he thinks has been going on,
and just shoot him in the back?”
Barrie Masters, a former Army
colonel now living in Florida, said, “The fact is, if David committed a crime,
the most it was was a misdemeanor for five dollars worth of flowers. The
[police] regulations specifically prohibit the use of deadly force.” Masters
said he was still hopeful that a special prosecutor might be empaneled to
investigate and charge Ziants.
Gail Masters, who was David
Masters’s ex-wife and remained his best friend and caretaker, was devastated
again Wednesday after seeing the video. Fairfax police did not contact her,
though she is the executor of his estate.
“I’m still miserable,” she
said. “I’ve been praying that they would charge him [Ziants]. It’s not fair
that he’s out there having a good time and Dave’s gone. I haven’t been myself
since it happened. It’s just like they say, a part of you leaves and doesn’t
come back.”
David Masters was 52, a former
Army Green Beret and carpenter living on disability payments after a work
accident, and had bipolar disorder, his ex-wife said. He was driving a
blue-green Chevrolet Blazer with the license plate “F001″ up Route 1 from
Fredericksburg when he apparently pulled over outside a landscaping business
and ripped some flowers out of some planters. An employee confronted him, but
Masters hopped in the Blazer, with several of his ex-wife’s puppies inside, and
continued north.
The landscaping employee called
police. As Masters headed north on Route 1, Ziants spotted him. Ziants, then 26
and a former Army soldier, told police that he confused Ziants’ vehicle with
another vehicle wanted in a stolen car case, Morrogh said in 2010. The video
shows Ziants turning on his lights and siren and pursuing Masters for about a
mile up the highway, with Masters at one point running a red light, then
squeezing through stopped cars at another intersection, refusing to stop for
the officer.
Finally at Fort Hunt Road,
another Fairfax cruiser blocks Masters’ Blazer in. Ziants and two other
officers approach the car. But the light turns green and the Blazer starts to
pull away. Ziants yells for the Blazer to stop, while another officer appears
to tell him, “No no no no.” Then, two shots, while the other officer loudly
implores him to stop firing.
Wait until this Klan rally is over and then boycott the businesses that supported it
Police Violence Casts Shadow on
Sporting Event
by MARK HAND
In late June and early July, thousands
of police officers and fire service workers from around the world will converge
on Fairfax County, Va., a suburb of Washington, D.C., to participate in an
Olympic-style competition known as the World Police & Fire Games.
The 10-day-long games will feature
traditional athletic events such as track and field and boxing. Police officers
also will be eligible to compete in police pistol combat events and service dog
competitions that include narcotics detection and subduing suspects.
The games’ organizers, the California
Police Athletic Federation, tout the biennial event as one of the world’s
largest multi-sport events, second only to the Olympics in terms of the number
of participants. First held in 1985 in San Jose, Calif., the games are open to
active and retired law enforcement officers and fire service personnel. About
12,000 athletes from more than 70 countries are expected to compete in 61
events in 53 different venues in Fairfax County and other parts of the D.C.
metropolitan area from June 26 to July 5.
The previous World Police & Fire
Games, held in Belfast, Northern Ireland, were deemed “the best and friendliest
ever” games by its organizers. The organizers estimated the cost of the event
at about 13 million pounds, or $18 million. The Fairfax County games are
expected to cost about $20 million.
After hosting the event in 2013,
organizers of the Belfast games expressed disappointment with the number of
participants from outside Northern Ireland. “The consequence of lower out of
state numbers has a knock-on impact on subsequent monetary targets: commercial
bed nights; registration and event entry fees; and economic benefit,” the
organizers of the Belfast games said in an event post-mortem released in
February 2014.
Following the lead of previous host
cities, the Fairfax County government will be lavishing the private event with
at least $3 million of taxpayer money. Public funds will be going to the games
as the county’s public schools are facing a financial crisis and as the
county’s library system is dealing with budget cuts of almost 30% over the past
10 years on a real spending basis.
Despite budget problems with the county’s
core services, government officials are excited about the millions they agreed
to spend on the games. “Fairfax County has pledged $3 million to host and
sponsor the games. With several more million in staffing and public safety to
come,” Fairfax County Chairwoman Sharon Bulova, the county’s top elected
official, boasted at a 2014 event to promote the games. Bulova declined a
request to comment on the World Police & Fire Games for this article.
In 2009, Fairfax County officials
highlighted the economic benefit of hosting the World Police & Fire Games
when they were competing with their counterparts in Toronto and Winnipeg,
Canada, to win the games for 2015. Organizers estimated a regional economic
impact of $60 million to $80 million in revenue from the event. Drawing on the
Olympics parallel, the Fairfax County games organizers also hired a former
Olympic organizer, Bill Knight, to serve as chief executive of its effort.
Some experts aren’t convinced these
types of sporting events are big revenue-producers. When it comes to the
Olympics, for example, Philip Porter, an economist at the University of South
Florida who has studied the impact of sporting events, told The New York Times
that the evidence is unequivocal on cities that host the Olympics. “The bottom
line is, every time we’ve looked — dozens of scholars, dozens of times — we
find no real change in economic activity,” he said.
Whether the World Police & Fire
Games gives Fairfax County a big financial boost remains to be seen. What is
certain is the event’s athletic competitions will give police officers and fire
service personnel an opportunity to show off their athletic prowess.
A contingent from the Baltimore Police
Department is likely to make the 40-mile trek south to participate in the
games. The World Police & Fire Games will provide an intriguing
juxtaposition for the city’s police department: Baltimore’s finest will be
hailed as heroes in Fairfax County at the same time that six of their
colleagues face criminal charges in the death of city resident Freddie Gray.
Fairfax County itself is under scrutiny
for extreme police violence. Earlier this year, the Fairfax County government
paid almost $3 million to settle a wrongful death lawsuit brought by the family
of a man, John Geer, who was killed by a county police officer while standing
in the doorway of his home. On top of the Geer settlement, the county could
face another multi-million-dollar lawsuit after members of the Fairfax County
Sheriff’s Office recently used a Taser against a woman who was fully restrained
in the county jail. The woman died from the delivery of four 50,000 volt shocks
from the Taser.
The organizers of the World Police
& Fire Games likely are hoping the ongoing focus on police violence in
Ferguson, Mo., New York City, North Charleston, S.C., Baltimore and many other
cities does not overshadow the games. And Fairfax County residents should not
be surprised if the county agrees to spend additional public funds on security
due to concerns about protesters showing up at the various events.
Mark Hand covers political action. You
can reach him at markhand13@gmail.com
Where was John Faust when the cops were pulling this stunt? Throw the bum out of office
Hi!
I'm John Faust. I'm on the Board of Supervisors and I'm terrified of the cops, I've never done anything to bring them under control and here's an example of something else I didn't do. I didn't stop them or even speak out against the cops collecting hundreds of thousands of license plates of innocent citizens for no reason the cops can explain.
So remember Vote Faust, if you dumb enough to elect me once I'll probably get away with it again!
ACLU Sues Fairfax County Police Over License-Plate Data
FAIRFAX, Va. — The American Civil
Liberties Union of Virginia is suing Fairfax County police over a policy in
which they store data collected on thousands of drivers through the use of
license-plate readers.
The civil-liberties group filed the
suit Tuesday in Fairfax County Circuit Court. The ACLU alleges that keeping a
database of information collected through license-plate readers amounts to an
illegal invasion of privacy.
In 2013, Virginia’s attorney general
advised state police that data collected by plate readers is personal
information under state law and can’t be kept unless it’s part of a specific
criminal investigation.
The ruling prompted state police to
stop collecting data, but local police agencies, including Fairfax, still
collect and share the data.
A county spokesman did not immediately
respond to an email seeking comment Tuesday evening.
Follow WNEW on Twitter
VIRGINIA MAN SUES POLICE OVER LICENSE PLATE DATABASE
In what appears to be a legal first, a
Virginia man has sued the Fairfax County Police Department for collecting
images of his license plate in a massive database.
Harrison Neal, a Fairfax resident,
filed the suit after learning that his license plate had been scanned by an
automatic license plate reader twice last year and stored in a police database,
even though he was not a suspect in a criminal investigation. The American
Civil Liberties Union of Virginia filed the lawsuit on Tuesday on behalf of Neal.
Although individuals have filed suits
to obtain records stored in such databases, this is the first case known to
target a law enforcement agency over an alleged illegal use of a database.
The database, the complaint (.pdf)
asserts, violates a Virginia statute—the Government Data Collection and
Dissemination Practices Act—which prohibits government agencies from
collecting, storing, or disseminating the personal information of individuals
unnecessarily.
Automatic license plate readers have
become a hot topic in recent years, akin to the government’s warrantless use of
GPS trackers on vehicles and stingrays or IMSI catchers that are used to track
the location of cell phones and other mobile devices.
The readers, often mounted on a vehicle
or in a fixed location, use cameras and optical character recognition
technology to take images of license plates and store them in searchable
databases. Insurance agencies and impounders use them to locate stolen vehicles
or vehicles belonging to people who are behind on their payments. But law
enforcement agencies also use them.
Civil liberties groups consider the
readers and databases a violation of privacy because it’s possible to discover
a lot about a person simply by recording the location of their car over a period
of time. The readers can also capture much more than license plates. In
California, a computer security consultant named Michael Katz-Lacabe discovered
that authorities in his San Francisco Bay Area town had collected images of his
two cars 112 times in a database, including one image taken in 2009 that showed
him and his two daughters exiting one of the cars while it was parked in their
driveway.
But proponents of the technology argue
that the data collected is innocuous compared to other data like cell-phone
location information.
“We’re not insensitive to people’s
right to privacy,” Terry Jungel, executive director of the Michigan Sheriffs’
Association said in 2013 over a battle in his state about license plate
databases. “If Big Brother is going to abuse information, there’s better
information to abuse than this.”
Neal discovered images of his car in
the database maintained by the Fairfax Police Department after filing a public
records request recently. In response, he received two sheets of paper containing
an image of his car, along with a chart indicating the times and dates the
images were taken and a map showing a street location, believed to be the
location of the reader when it snapped the images.
But Virginia’s state law should have
prevented his images from being stored. In February 2013, the state’s attorney
general issued an opinion advising the State Police that automatic license
plate readers do collect personal information, as defined by the Act, and
therefore agencies cannot legally collect and store that data unless it’s
related to a specific criminal investigation. The pronouncement came in part
after it was discovered that Virginia State Police had used license plate
readers in 2008 to collect information about people who had attended rallies
for Sarah Palin and Barack Obama during the presidential election that year.
Subsequent to the attorney general’s
pronouncement, the Virginia State Police stopped storing license plate records
and established a policy for purging such information within 24 hours after
being collected by a reader, unless the information is relevant to a criminal
investigation.
But, according to the ACLU of Virginia,
other government agencies in the state have failed to follow suit. The Fairfax
Police Department, for example, stores license plate images for up to a year,
regardless of their relevance to an investigation.
The department also has an agreement
with law enforcement agencies in Maryland and the District of Columbia to share
information collected in its database.
“Like many other technologies, ALPRs
have legitimate law enforcement uses,” Rebecca Glenberg, legal director of the
ACLU of Virginia said in a statement. “We do not object to the real-time use of
ALPRs to compare license plate numbers to a current ‘hot list’ of vehicles
involved in current investigations. The danger to privacy comes when the
government collects tens of thousands of license plate records so it can later
find out where people were and when. The intrusion is magnified in the
Washington, D.C. area, where multiple law enforcement agencies may access each
other’s information.”
ELECTRONIC FRONTIER FOUNDATION
May 6, 2015 | By Dave Maass
Virginia Governor Signs Warrant
Requirement for Drones, Rejects License Plate Reader Limits
With broad and near-unanimous
bipartisan support, the Virginia General Assembly passed a series of bills this
year to defend the public’s right to privacy from new mass surveillance
technologies.
To his credit, Gov. Terry McAuliffe
almost immediately signed a bill to require law enforcement to obtain a warrant
before tracking people’s mobile phones with cell tower emulators, often called
“stingrays.” But he initially balked at two other bills: one that would have
also required police to get a warrant before using drones and another that
would’ve placed strict limitations on other mass surveillance technologies,
including a seven-day limit on the retention of locational data collected
through automatic license plate readers (ALPR).
McAuliffe sent these two measures back
to the legislature with suggested amendments, who sent them right back to his
desk with only the slightest changes. The message was clear: these protections
are what Virginians want and what they deserve.
The second time around, McAuliffe
signed the drone bill, but he vetoed the ALPR bill, parroting the flawed
talking points of the device manufacturers and law enforcement lobby groups:
Many localities in Virginia retain this
data for 60 days to two years. Seven days is a substantial reduction.
Additionally, law enforcement agencies demonstrate that crimes are often not
reported until several weeks later. Under this bill, essential data would not
be available at the time of those reports. This is particularly concerning when
considering implications for the National Capitol Region, where cross-state
collaboration and information-sharing are essential to responding to potential
criminal or terrorist activity occurring near Virginia’s borders.
What McAuliffe fails to mention is
those law enforcement agencies are already breaking Virginia’s Data Act by
storing ALPR data, as the Virginia Attorney General determined in a 2013 legal
opinion [PDF]. He also pays little attention to the threat to personal privacy
that ALPRs represent: by collecting information on every driver, police are
treating the entire population as if they’re suspects in a criminal
investigation. Even more worrisome is how these cameras, which are capable of
collecting thousands of locational data points a day, can potentially reveal
the intimate details of a person’s life, including religious preferences,
political affiliations, medical conditions, and romantic relationships. Indeed, as the ACLU of Virginia notes:
In 2013, public records revealed that
during the 2008 election, Virginia State Police used ALPRs to collect
information about people attending rallies for candidates Sarah Palin and
Barack Obama, and later targeted vehicles crossing from Virginia to Washington
for Obama’s inauguration.
McAuliffe also failed to address some
of the more questionable techniques used by ALPR companies to shield their
products from public scrutiny, such as contracts that forbid agencies from
talking candidly publicly about the technology. In Lansing, Michigan, police
have given up on ALPRs because they were unreliable and drained the batteries
of their cars. In San Francisco, police have been sued after a false positive
resulted in a confrontation between officers and an innocent government
employee.
The ACLU of Virginia isn’t giving up.
Five days after McAuliffe signed the bills, the organization filed a lawsuit
[PDF] against the Fairfax County Police Department, which, despite the Attorney
General’s guidance, has been storing ALPR data for up to a year and sharing
that data with other law enforcement agencies in the region. If successful, the
lawsuit could potentially have an even stronger impact on ALPR limits than what
the bill would have provided.
We're very proud of the hundreds of EFF
supporters in Virginia who sent letters to their lawmakers and tweeted at the
governor about these measures. And, again, we commend McAuliffe for signing
bills to limit the use of stingrays and drones, but we’ll be rooting for the
ACLU as they pursue other means to challenge invasive technologies such as
ALPRs.
THE COPS AND THE PROSECUTOR GET AWAY WITH THIS BEHAVIOR IT IS BECAUSE WE LET THEM GET AWAY WITH THIS BEHAVIOR
The Fairfax County Police shot and
killed an unarmed citizen in public.
It’s been 22 months; almost two
years AND NO ONE HAS BEEN ARRESTED…….
What would happen to you if you
shot and killed a cop?
Think the cops would nothing
about it for 22 months?
You think the state prosecutor, Morrogh,
the best friend the Fairfax County Police ever had, would call in a grand jury
to decide if you should be arrested?
This is how it works….bear in
mind the Fairfax County Police have already settled the Geer case out of court….
when a prosecutor has a case he needs drag out to buy someone time or that that
the prosecutor wants to lose, (or in this case not indict) the prosecutor calls
in a grand jury and spoon feeds with the information HE wants the grand jury to
hear.
When the case goes into the
crapper, the prosecutor blames it on the grand jury.
IT’S OUR
GOVERNMENT, NOT THEIRS. ALMOST 90% OF THE FAIRFAX COUNTY COPS LIVE OUTSIDE
FAIRFAX COUNTY. TAKE BACK YOUR COUNTY FROM THE COPS AND FIRE THE PEOPLE WHO
HIRE THE COPS
Fairfax prosecutor to convene special grand jury in
John Geer police slaying
By Tom
Jackman April 22
The
Fairfax County prosecutor said Wednesday that he will convene a special grand
jury to hear evidence, and possibly return an indictment, in the police killing
of an unarmed Springfield man in August 2013.
Commonwealth’s
Attorney Raymond F. Morrogh said he had asked the Fairfax Circuit Court to
impanel the grand jury with the hope of reaching a decision by the end of the
summer in the shooting of John Geer.
Geer, 46,
was unarmed when he was shot once in the doorway of his Springfield home by
Officer Adam D. Torres, police records show. Torres told investigators that
Geer, who had shown police a holstered handgun earlier and placed it at his
feet, had made a quick movement to his waist as though he might be reaching for
another gun. But three officers nearby, as well as another officer and two
civilians a short distance away, all said Geer had his hands near his head and
wasn’t reaching toward his waist when he was shot.
On
Tuesday, the county agreed to resolve the Geer family’s ¬wrongful-death civil
suit and pay Geer’s two teenage daughters $2.95 million. But no ruling has been
made, by state or federal prosecutors, on whether Torres should be charged with
a crime.
Morrogh
said that the timing of his announcement was unrelated to the civil settlement
and that he requested the grand jury last week.
“We’ve
developed evidence sufficient to lead me to believe that it’s appropriate for
the citizens of the county to hear the evidence and decide where the case goes
from here,” Morrogh said Wednesday. Unlike standard Fairfax grand juries, which
meet monthly and review numerous cases, special grand juries are convened to
hear only one case.
Torres,
32, and his attorney, John Carroll, did not return messages seeking comment
Wednesday.
Michael
Lieberman, the attorney for the Geer family, said: “I believe it is appropriate
that the shooting death of John is finally being brought before a grand jury,
where citizens of Fairfax County can make a decision regarding Officer Torres’s
actions.”
Fairfax
Police Chief Edwin C. Roessler Jr. issued a statement that his department “is
supportive of the decision by the Fairfax County Commonwealth’s Attorney, and
this step to bring the case to a resolution.” Sharon Bulova, chairman of the
Fairfax Board of Supervisors, said it was “a very welcome development on the
part of the Commonwealth Attorney’s office that will, hopefully, bring this
case closer to a resolution.”
The Geer
case has been marked by the unusually long time prosecutors are taking to
decide whether to charge Torres. After Fairfax homicide detectives investigated
the Aug. 29, 2013, shooting and presented the case to Morrogh, the prosecutor
asked to see Torres’s prior internal-affairs files. Roessler refused the
request, so Morrogh referred the case to the Justice Department in January
2014. The Justice Department has not made a decision on whether to file
charges, records show, and a spokesman with the agency declined to comment
Wednesday.
In
February, Justice officials said in a letter to Sen. Charles E. Grassley
(R-Iowa) that they did not object to Morrogh pursuing a parallel investigation.
By then, Morrogh had obtained the internal-affairs files after they were
ordered released to Geer’s family in the civil suit.
“Given the
tortured history of the case,” Morrogh said, “I want to put witnesses under
oath and get their testimony, and I want that done in front of citizens and
have citizens ask their own questions. And at the end of the day, we’ll get to
the right outcome. . . . I feel bad for the [Geer] family because it’s
taken so long.”
Morrogh
said he had only recently begun to review the Torres internal-affairs files,
after first sending them to another prosecutor, Fauquier County Commonwealth’s
Attorney James P. Fisher, to remove any statements that Torres was required to
make to his employer which violated his right against self-incrimination.
After an
initial review of Fisher’s work, Morrogh said, he received more records from
Fisher on Wednesday that “contained information which should have been turned
over to me long ago.” He said that the information would require more
investigation.
Fairfax
prosecutors typically do not use special grand juries, but one was convened in
2013 when a road-rage incident ended with a man dead after a confrontation in a
mall parking lot in Fairfax City.
Morrogh
said he expected that the Geer grand jury would hear evidence for about a week.
John Geer’s family still reeling, waiting for
decision 20 months after shooting
By Tom
Jackman May 1
Though
one stage of the John Geer case ended last week, with the settlement of the
family’s civil suit against the Fairfax County police for an officer’s fatal
shooting of Geer in 2013, the family still suffers as it waits for a decision
on whether the officer will be charged, 20 months later.
Geer, 46,
was shot by Officer Adam D. Torres as he stood unarmed in the doorway of the
Springfield townhouse he lived in for 24 years with his longtime girlfriend,
Maura Harrington, and where the couple raised their two daughters. Geer and
Harrington were breaking up, and when Geer began throwing Harrington’s
belongings onto the front yard, she summoned police. Torres arrived first,
after an argument with his own wife, police reports show, and fired one shot
into Geer’s chest after claiming that Geer quickly lowered his hands as if
going for a weapon. Four other officers disagreed, the reports show.
It took
17 months for those facts to emerge, in the civil suit Harrington filed on
behalf of their daughters, now 18 and 14.
The facts evidently were enough to persuade Fairfax County to pay the
girls $2.95 million for the death of their father. But criminal charges, under
consideration by the Justice Department since January 2014 and now being
reviewed again by the Fairfax County prosecutor, are still nowhere in sight.
Meanwhile,
Harrington said, her daughters are still struggling with the sudden loss of
Geer. Geer was a self-employed kitchen
remodeling contractor, which gave him the freedom to attend all the softball
functions of his older daughter, Haylea,
who played both travel and high school softball. In 2014, ten months after her
father’s death, Haylea helped lead South County to the school’s first state
championship in any sport. In the fall, she enrolled at West Chester University
in Pennsylvania and joined the varsity softball team there.
But
softball remains a family affair for the other girls, Maura Harrington said,
with West Chester parents attending team parties and games. It hurt too much
for Haylea, her mother said. “It was something she and her dad had, he would’ve
gone to every scrimmage,” Harrington said. “It wasn’t fun anymore. The other
girls all had family.” And so Haylea has quit her college team.
Geer and
Harrington’s other daughter, Morgan, is now 14. “She hasn’t talked to anybody
yet,” Harrington said. “She doesn’t want to talk about it.” One of the factors
in settling the case was that Harrington did not want to put her daughters
through the legal process of depositions and court filings and years of legal
battles with Fairfax County.
“Looking
back at what happened with Sal Culosi’s family,” Harrington said, referring to
the five years it took to resolve the civil suit filed after a Fairfax officer
shot and killed Culosi in 2006, “and the pain of that litigation, I just
couldn’t do that to my girls.”
Harrington
said she didn’t file the suit for money, though “we didn’t have the means to
pay for college without John.” She said she was pleased that Fairfax had formed
a commission to review police policies after the shooting, and grateful that a
“Justice for John Geer” group was formed by people who didn’t know her or Geer.
But “I
don’t understand what the delay is” in deciding whether or not to charge
Torres, who remains on the police force, on administrative duty, while waiting
for a ruling. “From everything I’ve read, good grief,” Harrington said, “it
looks cut and dried to me, and to everybody else. Even the other police
officers say he didn’t deserve to die.” She also didn’t understand why Geer’s
case had flown under the radar for so long. “With everything going on today”
concerning police-related deaths, “it should be national news.”
The
settlement of the civil case, before a criminal ruling has even been made, was
highly unusual and seemed spurred by two developments: the orders by Fairfax
Circuit Court Judge Randy I. Bellows that the county first release its criminal
investigative file to Harrington’s lawyers, which happened in January, and then
the order that the county release its internal affairs files, which happened in
February. The contents of the internal affairs files, now also provided to
Fairfax Commonwealth’s Attorney Raymond F. Morrogh, have not been made public.
But within two months of that release, and with a new amended lawsuit scheduled
to be filed naming Torres, the county settled.
In the
past, in Culosi and many other police-related cases, Fairfax’s county attorneys
have played hardball. Why not this time? Board Chairman Sharon Bulova (D)
explained this week, “I supported settling the Geer case because it was the
right thing to do. The Geer family wished to settle so that the daughters will
be able to go to college. Our board was
glad to be able to put to rest the pending civil lawsuit. It was a mutually agreeable outcome.”
Supervisor
Pat Herrity (R-Springfield), who has been the most vocal supervisor on pushing
the case forward, said settling the case was “the only responsible decision to
make.” Why? “The public can read the 11,000 pages and come to their own
conclusion as to whether we should have settled.”
Herrity
also noted that “what bothers me is that we as a board haven’t had a public
discussion on this,” meaning the government’s response to high-profile public
safety cases. The Fairfax board’s public safety committee has not met in two
years. “We just raised our salaries but we can’t find time on the calendar to
talk about public safety,” Herrity said. “That’s a sad state of affairs.” He
said there may be a public safety committee meeting in June.
Morrogh
said last week that he would seek to present the case to a special grand jury,
but probably not until this summer. U.S. Attorney Dana Boente in Alexandria has
given no indication when or if the Justice Department will ever rule on federal
charges. Geer’s family, including his parents, who have like Harrington
remained mostly quiet publicly since August 2013, are still watching and
waiting.
“As far
as I’m concerned, until charges are pressed with Torres, it won’t be a
closure,” Geer’s father, Don Geer, told the Connection Newspapers on the day of
the settlement. “Fairfax has still done nothing as far as he’s concerned. He’s
still on the daggone payroll. I’m paying his salary. That’s really quite
disgusting.”
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