- #In the Fair Oaks Police District, Black people were arrested 43.79 percent of the time but make up 7.22 percent of the population.
- #In the Franconia Police District, Black people were arrested 41.65 percent of the time but make up 16.76 percent of the population.
- #In the Mason Police District, Black people were arrested 54.08 percent of the time but make up 10.8 percent of the population.
- #In the McLean Police District, Black people were arrested 43.34 percent of the time but make up 4.69 percent of the population.
- #In the Mount Vernon Police District, Black people were arrested 41.63 percent of the time but make up 16.84 percent of the population.
- #In the Reston Police District, Black people were arrested 33.04 percent of the time but make up 8.24 percent of the population.
- #In the West Springfield Police District, Black people were arrested 25.54 percent of the time but make up 8.1 percent of the population.
- #Countywide, Black people are arrested 38.54 percent of the time although they make up 9.73 percent of the population.
Do you need more proof the Fairfax County Police are out of control?
Since
2016 at least 30 fleeing drivers have died after police performed a PIT
maneuver
Justin
Battenfield died when a state trooper bumped his truck at 109 miles per hour,
using what is known as a Precision Immobilization Technique, or PIT.
WASHINGTON
— Just as the sun was rising on April 10 near Fort Smith, Arkansas, 34-year-old
Justin Battenfield ran a red light in the black Dodge Ram pickup he had
purchased a few days before.
For
reasons that will never be known, Battenfield, who lived on Social Security
payments from a mental disability, refused to stop when a U.S. Forest Service
officer tried to pull him over.
It
was a decision that cost him his life.
A
high-speed chase ensued, and Battenfield began weaving in and out of traffic as
an Arkansas State Police trooper picked up the pursuit, the trooper's dash cam
video shows.
Ordered
to get the truck stopped, the trooper deliberately bumped the truck at a speed
of 109 miles per hour, using what is known as a Precision Immobilization
Technique, or PIT.
What
happened next was predictable, experts say. The truck flipped and rolled, and
Battenfield was killed in the crash.
He
was one of at least 30 people who died since 2016 when police performed the PIT
maneuver to stop a fleeing vehicle, according to a year-long Washington Post
investigation featured Sunday night on "NBC Nightly News."
Combing
through news reports and public records, the Post also found hundreds of people
who had been injured when police used the PIT. But the actual number of deaths
and injuries is unknown, because there is no federal requirement that police
departments keep track.
Eighteen
of the deaths came after drivers were suspected of minor traffic violations,
such as speeding, the Post found. Ten killed were passengers and four were
bystanders.
Nearly
half of those who died were minorities: nine Black, four Hispanic and one Native
American.
When
the technique is used successfully, an officer in pursuit uses the cruiser to
push the fleeing car’s rear end sideways, sending it into a spin and ending the
pursuit, according to the Post.
Experts
consulted by the Post and NBC News say the PIT maneuver can be relatively safe
and predictable at speeds under 35 miles per hour, but grows increasingly
dangerous at higher speeds. Experts say it's also more dangerous when used
against vehicles with higher centers of gravity such as SUVs, trucks and
minivans, because they are more prone to flipping.
Maria
Asucena Carbijal Lopez died in a 2017 police pursuit in North Carolina.Courtesy
Brian Hochman
"If
used properly, a PIT is a good, safe maneuver," Geoff Alpert, a
criminology professor at the University of South Carolina, said. "And if
used improperly, at high speeds, in the wrong area, against the wrong vehicle,
it's deadly."
An
Arkansas State Police spokesman defended his agency's actions to local media
after the crash.
"PIT
has been used by the Arkansas State Police for no less than the past 18-20
years and continues to be used by state troopers, particularly if innocent
lives are being threatened, as was the case involving the Fort Smith
incident," spokesman Bill Sadler was quoted as saying at the time.
Sadler
did not respond to requests for comment Friday by NBC News.
Linda
Hamm, a close family friend who helped raise Justin Battenfield, wondered why
the police weren't able to stop him using less violent means — or why they
didn't just break off the pursuit and arrest him later.
A
temporary license plate on the new truck was in Battenfield's name, she said.
"I
don't believe it should have happened," she said. "They had plenty of
opportunity to stop him before he got back in town. ... I'm very hurt over it.
I just don't understand why they do that rate of speed."
The
PIT maneuver was developed for police decades ago in Fairfax County, Virginia,
police there say. Officers gave NBC News a demonstration on their track in
Chantilly, near Dulles International Airport outside Washington, D.C.
Lt.
Jay Jackson, who supervises the training, said Fairfax County police perform
the PIT about 13 times a year, and no one has been seriously hurt.
"It
all comes down to training," he said. "Here in Fairfax County we do
extensive training on the PIT maneuver. They have to do eight successful PITs
to even become certified."
The
county also has policies that prohibit high speed chases of minor offenders,
which means the PIT likely would not be used on someone who ran a red light,
Jackson said.
Some
departments, including New York State police, have banned the PIT, while
others, such as LAPD, forbid it at speeds over 35 miles an hour.
But
at least 30 large police agencies allow the technique at any speed, The
Washington Post found.
That
was the policy of the North Carolina State Police in 2017, when a group of
teenagers drove away from a state trooper trying to pull over their minivan.
The
trooper bumped the vehicle at at one hundred miles an hour. It flipped and
rolled and all four teens were thrown out
Two
girls, ages 15 and 16, were killed.
Jonathan
Thomas suffered a broken neck. The last thing he remembers before the crash is
holding his girlfriend, Maria Lopez, who died.
"There's
no justification in taking two lives and almost three," he said.
The
trooper was not charged, police said. North Carolina instituted a new policy
prohibiting the PIT over 55 miles per hour.
Ken
Dilanian is a correspondent covering intelligence and national security for the
NBC News Investigative Unit.
Isn't it awful that we need laws like this to protect US...the citizens from those cops who assume you won't throw back?
Virginia to consider reducing
penalty for assaulting police
By DENISE LAVOIE Associated Press
RICHMOND, Va. (AP) — Virginia
lawmakers plan to take up dozens of criminal justice reforms during a special
legislative session this week, but one proposal in particular is expected to
spark an intense battle: a push to change a law that allows police to charge
people with felony assault even if the arresting officers are not seriously
hurt.
A bill by Senate Democrats would
downgrade the charge of assault and battery on a law enforcement officer from a
felony to a misdemeanor.
The proposal is one of an array
of reforms drafted in Virginia since the May 25 killing of George Floyd by
Minneapolis police prompted a nationwide protest movement. Lawmakers will also
consider bills to ban the use of police chokeholds and no-knock warrants,
enhance the ability of courts to expunge criminal records, and eliminate jury
sentencing except when requested by defendants.
Sen. Scott Surovell, the chief
sponsor of the assault and battery bill, said it would eliminate the current
mandatory minimum sentence of six months in jail and change the law so the
charge can only be brought as a felony if an officer has a visible physical
injury. Surovell said he is also considering adding provisions requiring that
another officer — not the arresting officer — investigate the circumstances and
that a prosecutor approve the charge.
Critics of the current law say
police overuse the charge, particularly in cases where they fear the person
they arrested will claim police brutality.
“It is a charge that tends to
arise whenever officers get into a tussle with someone,” Surovell said.
Virginia’s legislature made the charge a felony in 1997, at a time when states
around the country and Congress were passing “tough on crime” laws. The
enhanced penalty for assaulting law enforcement officers also applies to
judges, magistrates, corrections officers, firefighters and emergency medical
services personnel.
Marie Dantio, of Alexandria, was
arrested in 2013 when she went to a church in the middle of the night to try to
see a priest. Dantio, who has mental health issues and was homeless at the
time, said she did not immediately respond to Fairfax County police officers
who responded to a trespassing call.
Dantio said the officers pushed
her to the ground. One officer alleged Dantio injured her hand. Dantio said she
spent two months in jail and eventually pleaded guilty to misdemeanor assault
in exchange for dropping the felony assault charge. She said she lost her job
as a nurse’s aide because of her arrest.
“I feel very sad,” Dantio said.
“I know I didn’t do it.”
Lt. Erica Webb, a spokeswoman for
Fairfax County police, declined to comment on Dantio’s claims or the extent of
the officer’s injury.
“While taking Ms. Dantio into
custody, she assaulted an officer, causing an injury,” Webb wrote in an email.
States around the country have a
patchwork of laws covering assaults on law enforcement officers. Some states
allow the charge to be brought as both a misdemeanor or a felony, depending on
the circumstances, while other states don’t have a separate law, but allow for
enhanced penalties for assaults on police, according to the National Conference
of State Legislatures.
The proposal to downgrade the
charge in Virginia is expected to face fierce opposition from police and
Republican lawmakers.
Dana Schrad, executive director
of the Virginia Association of Chiefs of Police, said the nationwide protests
since Floyd’s killing have shown “unprecedented levels″ of anger toward police.
“We should be doing more to
protect officers instead of sending a message that assaulting them is not a
serious offense,” Schrad said.
Republican Minority Leader Sen.
Tommy Norment said he finds it “unfathomable” that Democrats are calling for
reduced penalties, given the repeated violent clashes between police and
demonstrators during recent protests in Richmond.
“Very candidly, for those who are
advocating it — particularly in the current lawless atmosphere — I wonder what
they have been smoking,” he said.
Norment is sponsoring a bill that
would increase the mandatory minimum sentence of six months to a year in jail.
For assaults on police during a state of emergency, the mandatory minimum would
jump to two years.
Stephen Hill was charged by
Alexandria police last year as he sat outside a grocery store drinking wine.
Hill, an Army veteran who served in Afghanistan, said he was intoxicated at the
time and struggling with substance abuse and post-traumatic stress disorder.
Hill said he was moving slowly,
intending to follow a police command to leave, when an officer grabbed his arm.
He had a broken collarbone, but was not wearing his sling. He said he winced in
pain and struggled as the officers handcuffed him behind his back.
Hill said he briefly grabbed onto
the officer’s duty belt to stabilize himself. The officer then smashed his face
against the side of the patrol car, breaking his nose, he said.
“I had no intention whatsoever to
do anything bad,” Hill said
A spokesman for the Alexandria
Police Department declined to immediately comment on Hill’s account.
Hill said he agreed to plead
guilty to a reduced charge of disorderly conduct because he faced a minimum of
six months in jail on the felony assault charge.
“Once the offer was presented, I
had no business risking the rest of my life with a felony on my record,” he
said.
Calls for Fairfax Police Chief to resign, complaints and police reform being discussed
by Timothy Barber
Fairfax County, VA (ABC7) — Fairfax County’s Public Safety
Committee met Tuesday afternoon to talk about police complaints and a study
into the department’s use of force.
Presentation were made by the leaders of the Police Civilian
Review Panel and Independent Police Auditor Richard Schott.
Professors from the University of Texas at San Antonio also made
a presentation about a study they are doing on the agency’s use of force data.
The study is looking for potential reasons or causes for racial disparities.
It is expected to be completed with recommendations in early
2021.
The Police Civilian Review Panel processed 29 complaints last
year, with two complaints resulting in changes.
So far, the panel has received 18 complaints this year.
The Independent Police Auditor reviewed 22 cases last year.
Last month, Fairfax County Officer Tyler Timberlake was caught
on body camera firing a stun gun multiple times at an unarmed Black man who was
having some sort of episode in the middle of a street.
Yesterday, Timberlake was indicted on three counts of assault
and battery.
Commonwealth’s Attorney Steve Descano released the following in
a statement:
“Today the Commonwealth’s Attorney’s Office successfully
indicted Tyler Timberlake on three counts of assault and battery. This means
that we can now look ahead to a jury trial that will give our community an
opportunity to weigh in on this important case. I believe the community’s
involvement in deciding this matter is essential and is why we pursued and
obtained today’s grand jury indictments.”
Police Chief Ed Roessler released the body camera video after
the incident and condemned the officer’s actions— a move that sparked calls for
his resignation by the local police union.
Brad Carruthers, President of Fairfax Fraternal Order of Police,
Lodge 77 said in part; “I would like to convey just how disappointed and
disheartened we are with your recent statements and actions. It has become
abundantly clear that your political agenda trumps your obligation to being a
fair and impartial leader. When you publicly excoriate an officer under your
command, characterizing their actions as "disgusting" without even a
nascent investigation, you have crossed the line from Chief of Police to that
of politician playing dress up.”
In Virginia, records detailing police misconduct and use of force are effectively secret
• By NED OLIVER /
Virginia Mercury
The white state trooper
leaned into the Black driver’s car. “You are going to get your ass whooped,” he
said before pulling the man from the car.
Virginia State Police Superintendent Gary Settle offered a swift
condemnation of the behavior when video of the incident in Fairfax County was
released earlier this month, promising a criminal investigation.
But otherwise, the state police department has refused to
release details about the trooper, Charles Hewitt, seen in the footage of the
2019 arrest, declining to say whether he has faced other complaints in the past
or to provide reports detailing them.
In many states, such information would be a matter of public
record, including Minnesota, where Minneapolis police quickly disclosed that
the officer filmed kneeling on George Floyd’s neck had been the subject of 18
prior complaints, two of which resulted in discipline.
Virginia, however, is one of 23 states in which records of
police misconduct are effectively confidential, according to a nationwide
review by WNYC.
Under Virginia public records laws, police agencies can choose
to release records detailing complaints. But in practice, they almost never do.
Even prosecutors have said they struggle to obtain personnel records from
departments when officers face investigations or allegations of misconduct.
It’s not just police misbehavior that Virginia law shields from
public view. Basic information about how officers use force on a day-to-day
basis is hard to come by in the state. Only 15 percent of the state’s law
enforcement agencies participate in the FBI’s voluntary use-of-force reporting
program. And in a survey of the state’s 10 largest cities and counties, only
one police department provided use-of-force reports requested by the Virginia
Mercury under state open records laws.
Facing questions last week from lawmakers about how troopers are
held accountable following complaints, Settle detailed a multi-layered internal
review process — variations of which are employed in police departments around
the state.
But some lawmakers wondered how those measures square with
videos they see of officers brazenly using excessive force or otherwise
violating department standards, most recently in the case of Trooper Hewitt.
“Some of the officers look so confident in wrongdoing, it’s as
though they know that there will be no repercussions,” Del. Don Scott,
D-Portsmouth, told Settle. “It looks like the policy and procedure is enough to
get rid of folks like that, but nobody does anything about it. … It looks like
no one is enforcing it.”
‘Watch the show folks’
In addition to threatening an “ass whooping,” Hewitt is seen
describing himself as “a f—ing specimen,” turning to the camera Derrick
Thompson was using to film the interaction and saying, “Watch the show, folks.”
He then forcefully pulled Thompson, who had been pulled over for an expired
inspection sticker, from the car. Officers said they smelled marijuana in the car
but found none.
Virginia State Police spokeswoman Corinne Geller issued a
blanket denial when asked for information about or copies of complaints Hewitt
has faced in the past. Geller cited three exemptions in Virginia’s public
records laws that she said allowed them to withhold information about Hewitt,
saying the department considers them investigative files, personnel records and
records of background investigations.
“The department has considered your request,” she wrote, “and
opted to exercise its statutory discretion … not to release the documents.”
The decision is not exactly surprising. Police in Virginia
rarely choose to release such information. Sometimes, information about police
misconduct stays under wraps even when prosecutors pursue criminal charges
against officers.
This month, Richmond Commonwealth’s Attorney Collette McEachin
acknowledged that her office and the police department had not been publicly
announcing when grand juries handed down indictments for criminal misconduct
against officers.
She said that would change going forward, but then refused to
provide the name of a city police officer who was recently indicted and is
scheduled to be tried next month, meaning for the public to find out about the
case, they would have to cross-reference hundreds of court records with a
roster of the local police department’s more than 700 officers — a list of
names that is not readily available.
“You’re welcome to find it,” McEachin told reporters. “The
officer's name is not hidden, it’s on the public indictment. … Literally, it’s
in this courthouse.”
In response to questions from the Richmond Times-Dispatch, the
Richmond Police Department subsequently identified the officer as Lance
Falkena, who is charged with misdemeanor assault and battery.
In other jurisdictions, some commonwealth’s attorneys have
lamented that not even they can get records of police misconduct from their
local departments. Members of the newly formed Progressive Prosecutors for
Justice are backing legislation that would grant them unrestricted access to
police reports and disciplinary records.
“One of the things we do not get access to is personnel issues
such as complaints for use of force or integrity issues,” said Hampton
Commonwealth’s Attorney Anton Bell. “As the chief law enforcement officer, we
want to be preventative instead of being in a position where we have to respond
only after something bad has happened to our communities.”
Use-of-force data often shielded
Residents in some localities have pushed for more transparency
not just in misconduct complaints, but how police are using force on a daily
basis.
In Norfolk last month, protesters staged a six-day sit-in
outside City Hall to demand the city begin releasing reports detailing
incidents in which officers shoot, tase, wrestle or otherwise lay hands on
someone in the line of duty.
Stop hiring punks and watch how quickly things change
FAIRFAX COUNTY, VA — For Lee District Supervisor
Rodney Lusk, reviewing how Fairfax County dispatches public safety personnel
seems like a good first step if you're looking to improve how police respond to
calls for service.
"That's where everything starts," Lusk
said, in an interview with Patch. "Most of the calls that aren't going to
fire and rescue end up going to the police. And the question is, do the police
need to get all of those calls, especially for those that have low-level
substance abuse, low-level issues with mental health, where there's really no
criminality involved? The person is just having an issue."
Lusk and Hunter Mill Supervisor Walter Alcorn
submitted a board matter Tuesday calling for a review of the county's 9-1-1
call system. The idea behind the measure is to identify incidents in which
police officers are not necessary, and where it would be better to dispatch
unarmed medical, human services, and mental health professionals instead.
In his board matter, Lusk referenced other
jurisdictions around the country that have established models where dispatchers
routinely divert mental health and similar calls away from the police department
to more appropriate responders. In particular, Lusk pointed to the CAHOOTS
model employed by the City of Eugene, Oregon.
"It's been around for like 30 years and it's
been extraordinarily successful," he said. "If you look at the
numbers for it, you can see that they've been able to divert 20 percent of
their police calls through this process. With that 20 percent allocation of
calls that are going directly to this behavioral, mental health platform,
you're only having like 1 percent of them needing [police] backup."
If Fairfax County adopted a program like CAHOOTS,
it would not immediately see the same level of success, according to Lusk.
For one thing, the county does not have a level of
staff it could dedicate right now to respond to those types of calls.
Currently, if a police officer responds to a call that she determines to be a
mental health or substance abuse situation, she could either bring the subject
to the Fairfax County Adult Detention Center or call in the Mobile Crisis Unit.
"We're going to probably have to work
ourselves to be able to clearly triage and identify which cases are those
low-level ones, and then send out those kind of behavioral, mental health folks
and not have to have backups," Lusk said. "But there will be instances,
I'm more than certain, where there will be a need for backup. And that's why we
don't want to defund the police, because you still need to ensure the safety of
those workers and the citizens, when something devolves and becomes much more
serious and much more dangerous than it was originally anticipated."
Adopting a CAHOOTS-like program in Fairfax County
would also free up officers from certain types of cases and allow them to focus
on their core mission.
"If the police aren't dealing with these kind
of issues, they can deal with other issues of criminality, other issues that
are more of important to the community for public safety," Lusk said.
"So to me, I think it allows them to do their best work and to be focused
on the issues that are most pressing within the community."
In regards to deescalating violent situations,
Lusk is in favor of all FCPD officers receiving Crisis Intervention Training —
currently, only 40 percent of the department has received such training.
"Even with this new model, you just never
know what circumstances they're going to be put in where you might think that
this call that they get sent on is not a behavioral health call," Lusk
said. "It might turn into one when they get there. ... I think that's the
thing that we've done wrong. We've put them in the front when they probably
should be in the back only as support."
Like other places around the country, the death of
George Floyd while in the custody of Minneapolis police has proved to be a
tipping point for Fairfax County when it came to police reform, according to
Lusk.
"If you'd asked me right after George Floyd,
I would have been like, 'I don't anticipate that we would have this happen in
Fairfax County,'" he said.
But that all changed about a week after Floyd's
death when a Fairfax County Police officer responded to a call in the Gum
Springs neighborhood.
Body-worn camera footage showed Tyler Timberlake,
an eight-year veteran of the force, kneeling on a man's back and tasing him in
the neck. Tyler was subsequently charged with three counts of misdemeanor
assault and battery.
At its June 9 meeting, the Board voted unanimously
to approve a statement of support for those in the county calling for racial
justice and to find funding to implement the next phase of the Fairfax County
Police Department's body-worn camera program.
"I think there is a recognition that we will
not have business as usual," Lusk said. "I also think that the body
worn camera has changed this forever into the future."
In the interest of greater accountability, the Board
has also pushed FCPD to be more open about the data it collects. The department
recently issued arrest and traffic data demographics for 2019.
Lusk said the Public Safety Committee will be
bringing in the Citizen Review Panel and the Independent Police Auditor to
present their annual reports, as well as the University of Texas, which is
conducting a use of force analysis study for the county. He's also planning a
series of public information sessions, including one with representatives from
the City of Eugene, Oregon, to talk about the CAHOOTS program.
"I think there's a lot of the interest from
the Board members, and I think even the work that my committee, the Public
Safety Committee, is doing, we have strong advocates in these
communities," Lusk said. "They're very specific about what things
they think should be changed. They articulate those recommendations
extraordinarily well."
At Tuesday's board meeting, the supervisors
unanimously approved Lusk and Alcorn's board matter. Now, county staff, including
the Deputy County Executive for Public Safety and the Deputy County Executive
for Human Services, will review the county's 9-1-1 dispatch and response system
to deploy tried unarmed medical, mental health, and human services
professionals to respond as needed. A status update must be shared with the
board no later than Oct. 1.
'Let me see in their position': Faith leaders attend Fairfax Police use-of-force workshop
by Justin Hinton
WASHINGTON (ABC7) — “The climate
is constantly changing so we always have to have this conversation. We always
have to be doing this so that we can stay ahead of things,” said Pastor
Jeremiah Marshall of Gospel Outreach Community Center.
He said he was inspired to attend
and learn from a police use of force training workshop held at Christ Church in
Fairfax Station Friday after seeing the body cam footage of an officer using
his stun gun on a resident and what ensued.
On Saturday, June 6, after a day
of racial justice protests in D.C. following the death of George Floyd, the
Fairfax County Police Department called a late press conference to release
details surrounding the arrest of one of the department's own officers.
Body camera video showed the
white officer, Tyler Timberlake, deploying his stun gun on a Black man, who was
walking away from him at the time.
“Compiled with everything else,
it was a heavy weight," Marshall said. "It was heavy weight, hence
driving me to be here today to try and understand where they’re at and how I
can be a part of the change that can happen within Fairfax County Police
Department."
But he and other faith leaders didn’t
come to just sit down and learn about the six-month academy, the 250 hours
devoted to use of force training or the internal checks to make sure officers
aren’t applying force too many times.
They also came for a simulation
to see if they would use force on a given scenario.
“It kind of let me see in their
position what they have to do and how they have to do it and how much time they
have to do it in,” said Marshall.
These types of forums have been
taking place in Fairfax County for quite some time.
The police chief says it’s how
policies are developed.
“The policies we are explaining
today with our community advocates was and is and will continue to be
co-produced with our community,” Chief Edwin C. Roessler Jr. said. “Maybe
there’s a gap in our policy that community members can identify so we can take
that constructive criticism back and work with our community advocates to enhance
what we do in Fairfax County.”
He says Fairfax County was ahead
of the curve when it came to reviewing policy within the policy department.
Still not getting it. It's a hiring problem, FCPD hires low caliber people for the force.
Calls to 911 could be dispatched
differently from the start.
By Ken Moore
Only 40% of Fairfax County Police
officers are currently trained in crisis intervention techniques. “Never has
this disparity been more clear to me personally than in the body camera footage
of the recent incident in Gum Springs, where one officer clearly and responsibly
worked to de-escalate and render assistance to a resident in mental distress,
while another officer chose to escalate the situation to the point of violence
— in my view without having made a meaningful effort to peacefully resolve the
situation,” said Lee Supervisor Rodney Lusk in a Board Matter on Tuesday, July
14. “This is a disconnect that is not unique to Fairfax County, and one that
other jurisdictions have succeeded in overcoming.”
Why hasn't this punk been checked for mental illness? Did you see what he did? It isn't normal behavior.
Fairfax Co. officer charged in
stun gun assault ‘moving to Minneapolis’ when arrested
Neal Augenstein
A prosecutor told a judge Monday
that when Fairfax County, Virginia, police officer Tyler Timberlake was
arrested for assault, less than two days after using a stun gun on a man, he
“was already in the process of moving to Minneapolis” — the city in which
George Floyd, a Black man, died after a white police officer knelt on his neck
for more than 8 minutes.
Deputy Commonwealth’s Attorney
Robert Frank told District Court Judge Susan Stoney that after the June 5
incident, Timberlake “didn’t turn in his body-worn camera at the end of his
shift — he went home sick, and didn’t turn it in the next day.”
Timberlake, who is white, used a
stun gun on the man, who was disoriented and did not appear combative, in the
Mount Vernon section of Fairfax County. In announcing his arrest, police
released body-camera video of the incident.
Asked to elaborate on the
statements Frank made in court, or provide a more detailed timeline, Antonio
Peronace, a spokesman for Commonwealth’s Attorney Steve Descano, declined.
Monday, prosecutors were granted
permission to drop three misdemeanor counts of assault and battery against
Timberlake, with the intention of seeking a grand jury indictment, so the
officer would be tried in circuit court.
“We want to make sure the people
of Fairfax County have the opportunity to be heard” as jury members, Frank
said.
In district court, the judge
hears testimony, sees evidence and issues a verdict.
Frank made his claims about
Timberlake’s plans to move to Minneapolis, and not immediately turning in his
body-worn camera, in response to statements from defense attorney Edward
Nuttall that “high level prosecutors and the police department” went to extraordinary
lengths to arrest the officer quickly in the midst of emotional protests
surrounding the police-involved deaths of Floyd and other Black Americans.
Nuttall said prosecutors and
police had scheduled a news conference before an arrest warrant was issued for
Timberlake.
Prosecutors have not said what
charges they will seek in an indictment. The Fairfax County grand jury next
meets on Monday. Timberlake remains free on his own recognizance.
An attorney for Timberlake didn’t
respond to a request for comment about Frank’s statements to the judge.
After Timberlake’s Monday
hearing, the local Fraternal Order of Police announced it is calling for the
resignation of police Chief Ed Roessler for his comments immediately following
the officer’s arrest.
Big deal. I've been calling for his resignation for years. THE FCPD NEEDS OUTSIDE BLOOD.
Fraternal Order of Police calls
for Fairfax County police chief’s resignation
Dick Uliano
The Fairfax County, Virginia,
Fraternal Order of Police is calling for the resignation of police Chief Ed
Roessler over his handling of an incident involving a white police officer who
is accused of using a stun gun last month on a Black man who appeared
disoriented and noncombative.
“As the President of the Fairfax
Fraternal Order of Police, Lodge 77 myself, my membership and officers of your
department no longer have confidence in your ability to be the Chief of the
Fairfax County Police Department and ask you respectively to resign your
position immediately,” Brad Carruthers, president of the Fairfax Fraternal
Order of Police, Lodge 77, writes in a letter to the Roessler.
Officer Tyler Timberlake is
facing three counts of assault and battery for stunning the man, who was
rambling and pacing in the street on June 5. Timberlake and other officers on
the scene were relieved of duty pending the investigation.
Prosecutors were granted
permission Monday to drop misdemeanor charges and instead seek to secure an
indictment against Timberlake, who used a stun gun on the man he mistakenly
thought he recognized.
Immediately after using his stun
gun, Timberlake is heard repeatedly addressing the man as “Anthony.” But the
person Timberlake was on top of was not named Anthony.
The man was treated at a hospital
and released.
In a statement to the community a
few days after the incident, Roessler accused Timberlake of violating the
department’s use-of-force policies.
The FOP, in its letter to
Roessler, the board of supervisors, the county executive and deputy county
executive of public safety, accused Roessler of failing to be “a fair and
impartial leader.”
The group’s letter said Roessler
“crossed the line from Chief of Police to that of a politician playing dress
up.”
The letter charges that
Roessler’s public statements “effectively ended the career and impugned the
reputation of a Fairfax County Police Officer.”
The group said a survey of its
members found that 99% said Roessler’s actions have worsened morale, and 98%
support a formal request for Roessler to resign immediately.
In a statement issued by the
Fairfax County Police Department Public Affairs Bureau, chief spokesman Anthony
Guglielmi said, “Chief Roessler is focused and committed to leading the
department.”
Guglielmi also said that “public
integrity, transparency and ethical leadership will always be at the core of
everything we do here.”
Data Proves Black People Treated Differently in Fairfax County
Arrests of Black people disproportional in every police district in the county.
#Of all arrests made by police officers in the county, Black people are arrested 38.54 percent of the time. Black people are targets of police use of force 45.63 percent of the time in the county. Black people make up less than 10 percent of the population. Black people are arrested and the subject of police force disproportionately more.
#The data speaks for itself:
#The Ad Hoc Police Practices Review Commission made explicit recommendations with regard to the public availability of such data, said Phillip A. Niedzielski-Eichner, who served on the ad hoc commission and is the Providence planning commissioner.
#“The Board of Supervisors and Police leadership agreed with these recommendations. Nearly five years after completion of the Ad Hoc Commission’s work, the data released and the Department’s requirement to manually generate these reports, indicates that, while progress is being made, it is slow in how it is generated and inadequate in its format,” he said.
#Latinx people weren't even accounted for in the latest round of data offered by police, mentioned only in traffic stops.
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