Well, surprise, surprise, a lunatic on apolice force

Washington cold case solved 51 years later only for cops to discover suspect died last week; may be involved in 2 other killings

Washington cold case solved 51 years later only for cops to discover suspect died last week; may be involved in 2 other killings

Authorities in Washington state finally cracked a 51-year-old murder of a woman only to discover the suspect, a former sheriff's deputy, died three days before they were granted an arrest warrant.

The Spokane County Sheriff's Office revealed in a Facebook post this Monday that detectives were planning to arrest 85-year-old Duke Pierson in Covington County, Alabama in connection to the murder of Dorothy Fielding in 1967.

Fielding, who was 31 at the time, was reported missing on August 19, 1967. Her decomposed body was discovered eight months later in a shallow grave near the area of the 7-Mile Off Road Vehicle Park in Spokane.

"The case had remained unsolved since that time," the sheriff's office said.

Two other deaths in the area around the same time caught the attention of police, who believed they might have been connected.

One was the case 47-year-old Ruby Lampson, who was reported missing on June 6, 1967. In 1971, Lampson’s "badly decomposed body" was discovered in a shallow grave near the 7-Mile ORV Park, not far from the location where Fielding’s remains were discovered, according to the sheriff's office.

The second was the reported suicide of 33-year-old Sandra Pierson, Duke Pierson’s wife at the time. Pierson's body was found in a vehicle in the family garage on Sept. 12, 1967, and there was a hose leading from the exhaust to a rear window. Tinfoil was found stuffed in the exhaust pipe of the vehicle with the garage door closed, but detectives discovered something strange.

"They noted the garage contained a lot of exhaust but found the engine of the vehicle was not running although the ignition was on and the gas tank was approximately 1/2 full," the sheriff's office said. "Detectives were unable to determine a reason why the engine was not running."

Sandra Pierson, who was 20-weeks pregnant at the time, died one month after Fielding's disappearance and 3-months after Lampson's disappearance.

"Due to Sandra’s small stature, several people including Sandra’s now adult children believe Sandra wasn’t physically capable of opening and closing the heavy, possibly malfunctioning, garage door on her own," police said. "Both children suspect Duke was involved in their mother’s death."

After years of new no leads, officials reopened the case in April 2018 after the Major Crimes Unit received a call from someone who mentioned that Fielding was a member of the Falls View Tavern Bowling Team, which caught the attention of a Detective Kirk Keyser. Keyser later discovered that both Fielding and Lampson had gone to the tavern, and were friends.

When reviewing the Fielding investigation, he also found reports to indicate that she was having an affair with Duke Pierson before being reported missing, according to police.

"With these similarities, Detective Keyser began reviewing all three cold cases and worked to obtain additional information," police said. "This led to Friday’s arrest warrant for Pierson charging him with the murder of Fielding."

But that's when authorities discovered that Pierson died on Jan. 22, reportedly due to natural causes, according to the sheriff's department.

Pierson had worked for the sheriff's office from 1959 before quitting in 1966. Former co-workers said he suddenly stopped showing up for work and his "his attitude and demeanor changed significantly."

"When coworkers contacted Duke to determine why he wasn’t coming to work, Duke threatened them, saying he would shoot/kill them, for no apparent reason," police said. "Duke was described as clearly being mentally unstable."

Keyser had gone to Pierson's home in Alabama in April 2018 and interviewed him, where he denied knowing Lampson or Fielding.

"Pierson admitted to dating thousands of women, and if he had dated Fielding, the relationship lasted no more than a week," police said.

Oh my God....don't allow this

The last group of people on earth who should be allowed use of drone are the Fairfax County Police, they have abused......for decades....every power given to them, they murder unarmed civilians, create crimes and attached them to victims....what makes you think they won't use this to spy on you?    

Fairfax County police want to start a drone program

by Tim Barber (ABC7)

FAIRFAX COUNTY, Va. — Drones can help search for fugitives, aid in search and rescue, and provide additional clues in investigations.

So Fairfax County leaders are holding public discussions about having a drone program for the police department, like Loudoun and Stafford have started.

Probably sleeping

There are nice, lenient laws for the cops and there are mean spirited laws for the general public

Even if this guy is even a fraction less corrupt than Morrogh, he better for the job

...but he won't win. Morrogh rubber stamps the cops murders and misdeeds and without him, they've got a serious problem. 

So what will happen is Morrogh will suddenly get tens of thousands of dollars in contribution in small amount made out in the names of cops wives, in-laws etc. The media will ignore that.  The Fairfax County political establishment can't have the can of worms that Morrogh hides opened and they'll circle the wagons.

Challenger vows to bring transparency, reforms to commonwealth’s attorney office Phil Creed  January 13, 2019  Politics

Who is Fairfax County’s commonwealth’s attorney? And what does the commonwealth’s attorney do?

A lot of residents may not know the answers, and that’s part of the reason that Steve Descano has mounted a Democratic primary challenge to current Commonwealth’s Attorney Raymond Morrogh. A former federal prosecutor, Descano says Morrogh’s low profile has obscured the importance of the commonwealth’s attorney’s office, and allowed the county’s justice system to operate without appropriate transparency.

“The commonwealth’s attorney needs to be out in the community and listening to people,” Descano said in an interview last week. “Transparency and community engagement are two sides of the same coin, and that’s something I want to do.”

Beyond transparency, Descano is highly critical of Morrogh’s policies, which he described as “regressive” and out of touch with the values of residents.

Descano, 38, says on his website that the war on drugs has been “a resounding failure,” and that a 70 percent increase in drug arrests since 2010 has done little to combat addiction in the county. He vows to confront systemic discrimination and implicit bias in the criminal justice system and “treat people of all races and ethnicities equally.”

Descano also wants to eliminate cash bail, a practice he calls “outdated” and says unfairly penalizes poor residents.

“[Morrogh] is in favor cash bail,” Descano said. “I support creating a more equal justice system, and that’s through elimination of cash bail.”

Descano’s campaign is part of a wave in the past few years of reform-minded candidates seeking to unseat incumbent district attorneys. The election of Philadelphia District Attorney Larry Krasner in 2017 is the most high-profile win for reformers, and closer to home, a challenger who holds positions similar to Descano is running to unseat Arlington’s commonwealth’s attorney.

“The criminal justice system is so important is that we have to make sure the values of the community is represented there,” Descano said. “The more I looked into [Fairfax County’s system] over the past year, I saw things that were pretty stunning.”

Descano specifically cited Morrogh’s leadership role in the National District Attorneys Association, which praised the 2016 selection of Jeff Sessions by President Trump as Attorney General. Morrogh, in his capacity as at-large director of the NDAA, also testified on Capitol Hill in 2014 against the Obama administration’s effort to reduce prison sentences for low-level drug offenses. Morrogh also joined with other prosecutors in the state opposing former Gov. Terry McAuliffe’s 2016 decision to restore voting rights to convicted felons.

“If you take a look at somebody who can take those positions, it shows somebody who is really out of step with the community,” Descano said.

Morrogh took office in 2007, beating a Republican challenger to replace longtime Commonwealth’s Attorney Robert Horan. Morrogh had served under Horan since 1983 and prosecuted a number of big cases as his deputy, including the case of D.C. sniper Lee Boyd Malvo.

Morrogh was re-elected without opposition in 2011 and 2015, but by the end of his second term he had begun to come under criticism for the county’s handling of a number of high-profile cases involving law enforcement officers. The 2009 police shooting of David Masters on Richmond Highway, the 2013 police shooting of John Geer in Burke and the death of Natasha McKenna — who died after being shackled and tasered by deputies in the county jail in 2015 — cost the county millions of dollars in civil settlements, but resulted in little criminal punishment.

Morrogh chose not to prosecute any law enforcement officers in the cases of McKenna or Masters, and transferred the Geer case to federal investigators five months after the shooting. The officer in the case eventually pleaded guilty to involuntary manslaughter in 2016, and was sentenced to a year in jail.

“My opponent’s performance in some of these cases has been lacking,” says Descano, who faulted Morrogh for not taking action in Masters’ case, and said “the Geer case was handled incredibly poorly.”

In addition to his time as a prosecutor, Descano has served as a trial attorney in the Criminal Tax Division and Consumer Protection Branch of the Justice Department. A 2002 graduate of the U.S. Military Academy at West Point, Descano served as an Army helicopter pilot. Descano has lived in the county for eight years. He currently works as Chief Operating Officer and General Counsel at Paragon Autism Services.

Descano also served on the Fairfax County Police Civilian Review Panel, which was formed in the wake of the Geer shooting. Descano said he believes that the county is moving in the right direction on criminal justice reforms — except for the Commonwealth’s Attorney’s office, which he says remains “a black box.”

“There’s no accountability, there’s no transparency,” Descano said of Morrogh’s office. “[But] the Board of Supervisors and the police have become more transparent.”

Who polices the police?

26 times

Amazing! Fairfax County Police ONCE AGAIN investigate themselves and find themselves innocent!

FCPD: Alexandria man died of overdose while in police custody; involved officers back to full active duty

·       By Angela Woolsey/Fairfax County Times

 Nov 30, 2018 Updated Nov 30, 2018Top of Form

Bottom of Form

The death of an Alexandria resident who died while in police custody in June was the result of a fatal opioid overdose, the Fairfax County Police Department says.

Christopher Paul, 31, died at a local hospital on June 26 after public safety personnel responded to an overdose call at his house in the Alexandria area of Fairfax County that afternoon.

The six FCPD officers who were on the scene were initially placed on administrative leave pending criminal and administrative investigations.

However, Fairfax County’s Office of the Commonwealth Attorney has since determined that the physical force used by the police officers was necessary and did not contribute to Paul’s death, according to Fairfax County Police Chief Edwin Roessler Jr., who provided the update in a press conference on Wednesday.

“This event is an example of the opioid epidemic, which is ravaging our nation and our county unfortunately,” Roessler said. “My prayers and the prayers of all the dedicated police officers and firefighters continue for the family and community members impacted by the tragic loss of life of this young man due to a fatal opioid overdose.”

Emergency responders received a 9-1-1 call concerning a possible overdose in the 4300 block of Mission Court in Alexandria at 4:35 p.m. on June 26.

Fairfax County Fire and Rescue Department personnel were dispatched to the scene at 4:36 p.m., and police went out three minutes later, arriving on the scene at 4:47 p.m.

According to Fairfax County police, Paul’s family members evacuated the home at the time that the 9-1-1 call went out, but indications that the scene was unstable prompted fire and rescue personnel to set up in a nearby area outside until the FCPD could secure the house.

The police who responded to the overdose call primarily came from the Franconia District Station, including a first-line supervisor from the station, but one officer from the Mount Vernon District Station also joined to provide assistance.

The Mount Vernon station was one of three district stations involved in the body-worn camera pilot project that was in progress at the FCPD at the time, so the officer from that station who was on the scene captured video footage of the incident with Paul.

Roessler released a redacted version of the body camera footage during the press conference on Nov. 28. Individuals’ faces are blurred out in the video, and a portion was also removed for privacy reasons since Paul is not wearing any clothes, Roessler says.

“Out of decency and respect to the family, who have had an opportunity to view this video and correspond with me verbally, I am only providing the community certain segments of the video for that decency factor and also to protect HIPPA issues and other medical items,” the police chief said.

Roessler told media that Paul’s family viewed the redacted video through a proxy, but he intends to provide them with an un-redacted version once the FCPD’s major crimes bureau completes its investigation, which remains active.

The body camera footage shows the Mount Vernon District Station officer and another police officer entering a debris-strewn house to find a man moving around in what appears to be a living room.

The officers walk over to the man, who seems to be crouched on the floor. The police pin him facedown onto the floor, and one of the officers takes out handcuffs while holding the man’s arm behind his back.

The officer wearing the body-worn camera appears to have an electronic control weapon, or taser, pressed to the man’s lower back, but Roessler says the device was never actually deployed.

The redacted video encompasses a total timeframe of four minutes and 25 seconds, concluding with the officers declaring the scene secured and calling in the fire and rescue personnel waiting outside.

According to the FCPD’s initial report of the incident, Paul became unresponsive while he was being assessed by fire and rescue staff, and after being treated by medics, he was transported to a hospital, where he was pronounced dead.

Three of the six police officers at the scene were certified in crisis intervention team training, but none of them had naloxone, a medication that can be used to reverse the effects of an opioid overdose, according to Roessler, who says that the FCPD has 387 officers equipped with naloxone.

Fire and rescue personnel administered naloxone in this particular incident, Fairfax County Deputy Fire Chief Jason Jenkins says.

“What the video depicts is our training to value life,” Roessler said. “It isolates the event. It contains it. They’re trying to verbally negotiate, and there was an opportunity when the young man fell and got wedged on the floor with all the debris to come in and safely secure him so he wouldn’t harm himself or anyone else…Our training worked here. Unfortunately, opioids killed him.”

Chief Baldy McGee explaining how to do the macarena "And lets forget all this reform nonsense"

"Go ahead, say one more fucking thing"

The problem is, the department is morally and ethically corrupt. Fire the chief and bring in some one from outside the system, then things will change

"Go ahead, say one more fucking thing"

Fairfax County Police Reform: More to Be Done

Five years after an officer shot and killed John Geer in Springfield, Implementation Group offers look at successful reforms, and recommends action in other areas.

By Ken Moore

Monday, October 15, 2018

Despite police departments not being “known for embracing change,” said Phillip Niedzielski-Eichner, “we’ve seen Fairfax County and its Police Department achieve substantial and meaningful reform.”

Since the county’s Ad Hoc Police Practices Review Commission formed after a county officer shot and killed John Geer in 2013, the county has implemented 88 percent (179 of 202) of the actions recommended by the Commission.

“The report of the commission could have remained on the shelf since its release three years ago,” said Niedzielski-Eichner, chair.

Board of Supervisors Chairman Sharon Bulova encouraged seven commission members to continue to assist and advise the county and police department as commission recommendations were assessed and implemented.

The informal implementation group issued a Final Report on Fairfax County Police Reform on Oct. 10. The report was undertaken by the group on its own initiative, believing that the community might benefit from an independent discussion of progress.

POLICE REFORMS will increase police accountability, divert those with mental illnesses into treatment instead of incarceration, reduce use of force injuries and death, open public access to incident information, and maintain public confidence in the police department, according to the Implementation Group.

Implemented highlights, according to the FInal Report, issued last week, include:

Diversion First, alternatives to incarceration for people with mental illnesses or developmental disabilities

Revisions to the police department’s Use of Force General Order, with de-escalation as the strategy of first resort when confronted with a threat rather than the use of deadly force

An Independent Police Auditor who reviews investigations of death or serious injury cases

A Civilian Review Panel to review investigations of civilian complaints regarding “abuse of authority” or “serious misconduct” by an officer

A Media Relations Bureau led by a civilian professional who reports directly to the Police Chief

A predisposition to disclose information by making revisions to information-related general orders in order to increase public visibility of the department’s daily activities and performance,

Revisions to policies governing vehicle pursuit that constrains their use and strengthens supervisory oversight

Recruitment of high-caliber personnel that reflects the county’s diverse population

SOME RECOMMENDATIONS have been approved, but are still in the process of being implemented, including a call for full deployment of body-worn cameras and each patrol officer being equipped with “tasers” as less-lethal alternatives to the use of a firearm,.

“Still, we believe more is possible to further build and maintain community trust,” said Niedzielski-Eichner.

The Implementation Group recommends the Board of Supervisors direct the police department to formally respond to findings of an Independent Police Auditor and a Civilian Panel, and to give the public an opportunity to comment on the findings and recommendations. As the group understands, the Chief of Police has chosen not to respond because the Board of Supervisors did not specifically direct him to do so.

The Chief of Police and his command leadership should maintain a “neutral public posture pending an investigation of a police-involved use of force incident,” the report recommends.

THE INDEPENDENT POLICE Auditor’s responsibilities could expand in several areas. The implementation group advocates for: monitoring and reviewing investigations of Sheriff Deputies involved in shootings, in-custody deaths, and any use of force incident resulting in serious injury or death; auditing police use of body worn cameras, providing an annual report to the Board and the public with findings and recommendations; and participation on two internal police review committees, the Use of Force Technical Review Committee and the Vehicle Pursuit Review Committee.

“The Implementation Group urges Chief Roessler and his commanders to sustain FCPD’s reform efforts and, in particular, to unfailingly meet the ‘predisposition to release information’ standard with regard to openness and transparency, and to commit to respond to findings from the Independent Police Auditor and the Civilian Review Panel.”

The report also calls for a data-driven monitoring program that fully leverages data on police use-of-force and other data now being collected in response to the Commission’s recommendations.

Continued public involvement will be key to continuing to build trust with the community, the report says.

“Continued successes and improvements will depend on Chief Roessler, his commanders and continued meaningful collaboration with citizens engaged in implementation,” said group member Randy Sayles.

The Fairfax County police will hold this off as long as they can and then find an excuse not to use them...watch and see

 "Go ahead, say one more fucking thing" 

Police body cameras closer to implementation in Fairfax Co.

By Max Smith | @amaxsmith

October 16, 2018 2:03 pm

WASHINGTON — Fairfax County police expect to have initial results of a body camera pilot within a few weeks, Chief Ed Roessler said Tuesday.

A draft of the American University study is due for discussion before Thanksgiving, Roessler told the Board of Supervisors.

“All of our findings as far as the operation, the administration, data storage and a scope of projected cost” would then be presented this winter, Roessler said.

Initial reviews are positive according to supervisors, and Chairman Sharon Bulova expects body cameras will be rolled out county wide in the relatively near future.

“I think it’s not a question of if we’re going to do it, I think it’s a matter of implementing it in a way that is smart, … cost effective and essentially is most effective in our community, so I think there’s no question, at least that’s my sense from the board,” Bulova said.

The issue came up during a discussion about whether the county remains on the right track for changes recommended by an advisory commission formed in the wake of John Geer’s death in 2013. Geer was shot by a police officer who was eventually sentenced to one year in jail for the shooting. The county also settled a wrongful death lawsuit for $2.95 million.

Phil Niedzielski-Eichner, who was on the initial advisory commission and led a group of members who issued a separate follow-up report last week, said it is encouraging that police have revised directives on use of force to emphasize de-escalation and less-lethal options, but there is still additional progress to be made.

“While it is true that the vast majority of our officers today perform their responsibilities professionally and with integrity, it is also true that a very few bad actors, even one bad actor, can undermine the community’s confidence in all,” he said.

The county now has a police auditor and civilian review panel for incidents, and Niedzielski-Eichner said body cameras could supplement that.

“They offer a similar benefit as the independent oversight, with the additional advantage of reducing the risk of an officer being falsely accused,” he said.

“After an appropriately deliberate approach to evaluate risks, benefits and costs of implementation, we expect the pilot project to provide substantial insights that will strengthen the technology’s effectiveness for the county and provide adequate privacy protections. We look forward to your consideration of full deployment of this technology,” he told supervisors.

Even with cameras, it is critical that police share information about incidents quickly rather than holding information close to the vest, he said.

“Accurate, timely and complete information about incidents involving police actions are integral to sustained public confidence in the department,” Niedzielski-Eichner said.

________________________________________

Hell freezes over! Fairfax County Police actually forced to fire a lunatic from its ranks

  Chief Edwin Roessler said he fired Jason Colley…...bullshit. He was ordered to fire the murderer. Roessler kept the accused child killer on the payroll for exactly one year. 

The ridiculously low levels that the Fairfax County Police hire from is Roessler choice. Fire Roessler, bring in fresh blood and watch how things change.    

Fairfax County police officer fired, charged in daughter's death

FAIRFAX COUNTY, Va. - The Fairfax County Police Department has fired an officer who was charged for killing his six-month-old daughter has been fired.

Chief Edwin Roessler said he fired Jason Colley, a 38-year-old man from Monrovia, Maryland, on Friday. Colley was charged with first-degree child abuse resulting in death, first-degree child abuse resulting in severe physical injury, and felony assault, according to the Frederick County State's Attorney's Office.

Colley's daughter, Harper, passed away in October of 2017 after being injured the previous month. Colley has been on paid administrative leave since April, when the department was notified that he was a suspect.

You won't be missed

The local media needs to stop buying into the trash that the Fairfax County Police Chief is selling. This week he’s selling a sob story about suicidal cops on his force. According to him, at least 16 active and retired Fairfax County cops have snuffed themselves. According to him, policing is the cause. But here’s a thought, maybe they were nuts before they joined his gang.  Maybe instead of hiring lunatics and thugs, we should fire him and bring in someone who won’t hide their crimes (child molestation, rape, murder etc.) and hire intelligent, normal people to police our streets.

They can handle obnoxious traffic stops, killing citizens and lying about and that's about it

Fairfax Co. police defend response after killing of Fairfax Co. teen Jholie Moussa

By Max Smith

Fairfax County Police Chief Ed Roessler offered a defense Friday against suggestions they did not move quickly enough or spread the word loudly enough after 16-year-old Jholie Moussa disappeared in January. (WTOP/Max Smith)

FARIFAX, Va. — Fairfax County police offered a defense Friday against suggestions they did not move quickly enough or spread the word loudly enough after 16-year-old Jholie Moussa disappeared in January.

She was found dead two weeks later not far from her home, and on Thursday an ex-boyfriend was charged with her murder.

Police did not put out a public notice that she was missing when her family reported it the Saturday of the Martin Luther King Jr. Day weekend. Police initially considered her a possible runaway, since she had said she was going to Norfolk for a party the night prior.

“From the moment that we got this call, we did not stop [the effort] to find Jholie,” Fairfax County Police Chief Ed Roessler said Friday, as her family sat in the back of the room.

“We entered her into the missing juvenile system, which then has national and regional reach,” Roessler said.

Police also checked several leads on Moussa’s possible location that weekend, the department said.

“The police department and every other agency did everything possible to find Jholie. We are now doing everything possible to bring justice,” Roessler said.

Nebiyu Ebrahim, who is now 18, is charged with first degree murder. While the case has been filed in juvenile court since he was under 18 when Moussa was killed, Virginia law outlines a process that would allow the case to be shifted to adult court.

“This is yet another horrible, tragic death of a young person from our community that had a bright future,” Roessler said.

Police continue to search for additional evidence.

A dive team searched for more evidence Friday in a retention pond near Woodlawn Park in the Alexandria area where Moussa’s body was found in a shallow grave. The pond is also near Ebrahim and Moussa’s homes.

As I wrote when this silliness started, these cops are too arrogant and out of control to let this go past anything but a PR show when the media was watching

  

Police Body Camera Pilot Program Set To End In Reston District

Researchers are surveying local residents and officers on what they thought of body cameras worn by Fairfax County police.

By Chris Gaudet, Patch Staff

RESTON, VA — A pilot program to test body cameras on Fairfax County police officers ended Friday in the Reston, Mason and Mount Vernon police districts. Officers began wearing the body cameras and undergoing training in mid-February. The program was fully implemented by mid-March.

The Fairfax County Board of Supervisors approved the 90-day pilot in November, and it was extended to 180 days to better assess its impact. A total of 203 body-worn cameras was distributed to officers in the Reston, Mount Vernon and Mason districts, as well as to Motor Squad officers and Animal Protection officers. Not all officers wore body cameras, and school resource officers did not participate.

The three police districts were selected for the program because of their communities' diversity, the various types of calls for service and incidents resulting in the use of force, the Police Department said.

Under the program, officers wearing body cameras recorded any call for service, law enforcement action, subject stop, traffic stop, search or police service. Officers did not record in certain situations or places like courthouses and medical facilities.

(For more news and information like this, subscribe to the Reston Patch for free. If you have an iPhone, click here to get the free Patch iPhone app; download the free Patch Android app here. Don't forget to like us on Facebook!)

American University researchers are studying how the program worked. This includes surveying residents and officers on their perceptions of the body cameras. A full analysis could be released early next year.

Like in-car videos, the body camera program is designed to give Fairfax County police a chance to build trust with the community and bolster accountability. Depending on how the pilot works out, the Board of Supervisors could consider a permanent body camera program.

Fairfax County Police officer charged for death of 6 month old baby

No, he's not a sadistic lunatic, I mean, look at his photo. He's a warm cuddly man. 

By  Shennekia Grimshaw 

FREDERICK, Md. - A Fairfax County Police officer is being charged for the death of a 6-month-old girl.

On Tuesday 38-year-old Jason Colley was arrested in connection with the death.

Officials say the baby died in October last year and Maryland State Police said Colley became a suspect in April.

Colley turned himself in this morning at the Frederick County Law Enforcement Center after an indictment was signed by a judge.

He is being charged with two first degree child abuse counts and first degree felony assault. Colley has been an officer for 10 years.

The Fairfax County Police investigated themselves and....wait for it.....FOUND THEMSELVES INNOCENT!!!!!

 When will this ever end? The Fairfax Police break the law, investigate themselves, find themselves innocent and the Office of the Commonwealth’s Attorney agrees with their finding...its amazing they can get away with this.....but they do..

FCPD arrest of reporter was impartial, independent auditor says

By Angela Woolsey/Fairfax County Times

The Fairfax County Police Department’s investigation into the arrest of a reporter at the Annandale Parade in October was complete, thorough, objective, impartial, and accurate, Fairfax County Independent Police Auditor Richard Schott found in an incident report released on Aug. 10.

Fairfax County police arrested ShareBlue Media reporter Wilfred Michael Stark III, then 49, on Oct. 28, 2017 for disorderly conduct and resisting arrest after a confrontation over his use of profanity escalated with a takedown by multiple officers.

A video taken of Stark’s arrest was posted to Twitter on Oct. 31 by songwriter and activist Holly O’Reilly and widely shared, drawing scrutiny of the involved FCPD officers for using force against a journalist at a public event.

The video showed a pair of officers attempting to handcuff Stark against a fence after he uttered a profanity before throwing him to the ground. Four more officers appeared to pin Stark down until he was handcuffed and patted down.

Stark was at the Annandale Parade as part of his ongoing coverage of lobbyist and Republican gubernatorial nominee Ed Gillespie’s 2017 campaign to become Virginia’s new governor, according to a message posted on Oct. 31 by ShareBlue Media executive editor Jess McIntosh.

A truck for Gillespie’s campaign was featured in the Annandale Parade, an annual community event.

Fairfax County police initially sought a warrant for drunkenness and profane swearing in addition to disorderly conduct and resisting arrest, but a magistrate issued warrants for the latter two charges only on the grounds that swearing was covered under the disorderly conduct charge.

Fairfax County General District Court ultimately found Stark, a Falls Church resident, not guilty of resisting arrest and guilty of disorderly conduct on Feb. 13, ordering him to pay a $500 fine.

The FCPD’s internal affairs bureau conducted an internal administrative investigation of the incident, but the department did not make any referrals to the Office of the Commonwealth’s Attorney.

Schott affirmed the internal affairs bureau’s finding that all of the involved officers had complied with the FCPD’s general order regarding the use of force as well as its determination that a lieutenant who asked an onlooker to stop videotaping the incident had violated departmental policy.

FCPD General Order 540 permits officers to use force “to the extent it is objectively reasonable to defend oneself or another, to control an individual during an investigative or mental detention, or to lawfully effect an arrest.”

FCPD General Order 603.1 asserts that individuals, including members of the press, have a right under the First Amendment to record on-duty police officers while in any place that they are legally allowed to be present.

The policy prohibits officers from threatening, intimidating, or otherwise discouraging any individual from recording police activity.

In his review of the FCPD investigation, Schott described Stark’s arrest as an “unfortunate confrontation that played out in a very public way” and could have been avoided had the reporter not loudly cursed at an event “designed to promote community involvement and neighborhood camaraderie.”

“The arrest of a reporter covering a parade in which politicians took part offended some observers, as did the force used to accomplish it,” Schott said. “In my opinion, however, both the arrest and force used were reasonable police responses to Stark’s actions.”

The objectivity of the FCPD’s internal review came into question after Fairfax County Police Chief Edwin Roessler Jr. defended his officers’ actions in a press conference held on Oct. 31 shortly after video of Stark’s arrest began circulating.

“The officer was exercising his lawful authority to effect an arrest and could not control this gentleman,” Roessler said in reference to the officer who used a leg sweep to take Stark down to the ground.

The internal affairs bureau’s investigation into the incident was still ongoing at that time.

Schott’s report acknowledges that the police chief’s vocal support for his officers might have it difficult for investigators to conclude those officers had acted inappropriately, but he argues that Roessler would likely have been criticized for a lack of transparency had he not commented.

“While it is understandable that Chief Roessler wanted to defend his officers following this controversial situation, concern that his bold statements defending those officers would prohibit a thorough review is also understandable,” Schott said. “While I understand this skepticism, I reiterate my opinion that the internal investigation was complete, thorough, objective, impartial, and accurate.”