Its an IQ problem, police departments hire the dumb because they'll stay on the job and not cause turnover spike

 

Again, Fairfax County Police shoot first and get away with it.

 

Fairfax County Releases Bodycam Video of Police Shooting

Fairfax County police released body camera video and dispatch calls from a police-involved shooting that wounded a woman last month.

The woman who was shot appeared to be having a mental health crisis as she threatened residents and police. 

A caregiver at the group home for adults with intellectual disabilities called 911 and told the dispatcher, “She’s making noise, breaking things. She wants to fight … she wants to kill me.”

Women retreated to the basement. A third person locked themselves in their room.

Then the suspect said she was going to kill herself. 

K9 officers first responded to the 911 calls. With guns drawn, they entered the home and found a 30-year-old resident armed with a kitchen knife. The woman turned her threats toward them, moving in their direction. 

An officer shot the woman in the stomach, and she dropped the knife.

Officers immediately helped the woman, reassuring her she was going to be alright.

The woman is recovering from the gunshot wound. 

Fairfax County Police Chief Kevin Davis believes the video shows the veteran officers had little choice but to act to protect themselves and others in the home.

“That’s tough to watch, but they were doing the best they absolutely could under a very tough circumstance,” he said.

Though, neither officer had a taser, Davis doubts they would have had time to try less than lethal force. But it underscores a problem he plans to address: Not every officer is assigned a taser. 

“I want to go so far as to assign them individually to police officers so that they are immediately available,” he said. 

The investigation is ongoing. The officer who fired his gun is on restricted duty. The woman faces charges of assault on a law enforcement officer. 

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could they possibly drag their feet on this any slower?

 

Fairfax County approves executive director position for police review panel

David TaubeAugust 3, 2021 at 2:00pm

The Fairfax County Police Civilian Review Panel, a citizen-led board intended to help with police accountability, is getting an executive director.

The Fairfax County Board of Supervisors approved the change on July 27 at the urging of the review panel, which is facing increasing caseloads and seeking to gain investigatory powers.

“We’re thrilled that this new position will help us maintain our independence,” Civilian Review Panel Chair Jimmy Bierman said, thanking Board of Supervisors Chairman Jeff McKay and Lee District Supervisor Rodney Lusk, who chairs the board’s public safety committee.

Established in December 2016, the civilian review panel reviews Fairfax County Police Department investigations into civilian complaints with allegations that a police officer abused their authority or engaged in misconduct.

While the panel can make recommendations regarding law enforcement policies and practices, it was not granted the authority to conduct its own investigations.

The review panel, which consists of nine volunteers, documented in February its need for an executive director in an annual report and a four-year review, a document that Bierman spent three months of 40-hour weeks to develop.

The executive director will help the panel document and summarize investigations. Currently, the panel reviews police investigations in person and writes lengthy, time-consuming reports, which means its efforts are heavily dependent on its chair’s schedule.

Bierman, an attorney, likens the change to a congressional committee relying on staff to help draft materials or a federal judge using legal staff to write bench memos.

“It adds to the professionalism of the panel,” he said. “We want to be fiercely independent.”

Since its creation, the review panel has also relied on staff in the office of the independent police auditor, which will now send one position to the panel for the executive director.

Bierman says the staffing switch will help the panel maintain a good working relationship with police by ensuring the independent police auditor’s resources are not overtaxed.

The change to the panel comes after the Virginia General Assembly adopted a law last year that officially permitted localities to create police oversight boards with the power to investigate incidents, make binding disciplinary determinations, and more.

Bierman says the law shows the Commonwealth is serious about supporting independent oversight bodies for police.

The new executive director won’t have independent investigatory powers, but the position could lay the groundwork for the Board of Supervisors to update the panel’s bylaws to give it more authority, as allowed by the new state law, according to Bierman.

The person hired for the new position will be paid $100,000 to $150,000 per year and report directly to the board of supervisors. Springfield District Supervisor Pat Herrity was the only supervisor to oppose the measure.

“I voted against this motion because I didn’t support the original motion to form the Civilian Review Panel as we had an Independent Police Auditor, which is where most significant reviews and recommendations for reforms have come from,” Herrity said in a statement.

On Sept. 28, the board of supervisors’ public safety committee is slated to hear a presentation about the review panel along with recommendations on further reforms in line with the panel’s four-year review.

Among other changes, the report recommended:

·        Authorizing an executive director to monitor police investigations of racial bias or profiling from the onset of an investigation, regardless of whether a complaint has been filed with the panel

·        Allowing the panel to conduct its own additional investigations, including interviewing the complainant and three witnesses

·        Permitting the panel to conduct a review of a completed police investigation of a complaint about racial bias or profiling without needing a person to request a review

Limited in its ability to gather independent information, the civilian review panel has consistently upheld Fairfax County police investigations into abuse of authority and misconduct complaints.

The one exception so far came in October 2020 when the panel determined that the FCPD’s internal review did not thoroughly investigate allegations of racial bias or profiling in a 2019 incident that involved an officer following and questioning a driver in Herndon.

Then-Police Chief Edwin Roessler determined the incident involved poor decision-making but wasn’t motivated by racial bias. The panel disagreed and referred the issue to the board of supervisors, which directed the department in January to take additional action regarding the panel’s request.

“This is part of why the four-year review requested that the panel mandate be changed from simply asking whether [an] investigation itself was ‘complete, thorough, accurate, objective, and impartial’ to determine whether the panel [believed] the conclusion of the investigation is ‘correct,'” Bierman said in a statement.

 

as I was saying, its the punk mentality that ruins that department

 

 

Fairfax County Officer Accused of Sexual Misconduct With Police Cadet

Former officer John Grimes could face up to 15 years in prison and have to register as a sex offender

 

By Cory Smith and Ana Álvarez Bríñez • Published July 20, 2021 • Updated on July 20, 2021 at 5:57 pm

A former Fairfax County police officer was indicted Monday for alleged sexual misconduct with an underage police cadet in 2019.

John Grimes was charged with three counts of custodial indecent liberties, the police department and prosecutors announced Tuesday.

The department says it learned in December 2019 of alleged misconduct against a 16-year-old girl who was a member of the Fairfax County Police Public Safety Cadet Program that November and December. The department said it immediately stripped Grimes of his police powers.

“I have no pity for Grimes. He took advantage of a teenager, and he did so in and out of a Fairfax County police uniform,” Police Chief Kevin Davis said at a news conference. "This uniform will always be a symbol of trust."

The cadet program is designed for youth age 14 to 21 who are interested in careers in law enforcement. The alleged misconduct is a stain on an otherwise strong program, officials said.

Prosecutors say the misconduct began when Grimes took the teen on ride-alongs. Fairfax County police were tipped off by the FBI after Grimes applied to become a special agent and underwent background checks. 

The chief and Steve Descano, commonwealth's attorney for the county, both spoke about their own daughters.

“Crimes of a sexual nature against minors are some of the most heinous crimes, and whenever we see these crimes, I can’t help but think of my daughter and how painful it would be if she were a victim of these types of crimes,” Descano said. “My heart does go out to the victim and her family.”

Grimes was with the department for more than three years. If convicted, he faces up to 15 years of prison and would have to register as a sex offender, Descano said.

It wasn't immediately clear if Grimes had a lawyer.

These morons are going to eventually kill a lot of innocent people in one of these idiot chases

 

 

Crash following police chase snarls traffic on I-95 south near Springfield

All southbound lanes of Interstate 95 are open near Springfield after a driver in a stolen car fleeing state police slammed into a tanker truck in Newington Friday morning.

The 95 Express Lanes reversed to southbound early following the wreck near mile marker 167 near Fairfax County Parkway. 

State police say the incident began just before 8 a.m. when a trooper attempted to stop a Nissan stolen out of Maryland traveling west on Interstate 495 headed towards southbound I-95 (Exit 170C). The Nissan refused to stop and sped away and a pursuit was initiated, state police spokeswoman Corinne Geller said. 

As the Nissan was traveling south on I-95, the driver lost control and struck a tanker truck at Exit 166 for Fairfax County Parkway, Geller said. The Nissan then continued across the southbound lanes and struck the Jersey wall.

 

The man driving the Nissan was flown to INOVA Fairfax Hospital for treatment of life-threatening injuries, she said. 

 

Judge denies motion to drop assault charges against Fairfax Co. police officer

 Have you seen the video of what this punk did to the guy that he used the stun gun on?  

God bless the judge in this case.

Neal Augenstein | 

Despite harsh criticism of Fairfax County, Virginia, prosecutors, a circuit court judge has denied a defense motion to drop assault and battery charges against police officer Tyler Timberlake, who used a Taser on a disoriented man on June 5, 2020.

Timberlake’s lawyer, Brandon Shapiro, argued the three misdemeanor counts against his client should be dropped because prosecutors failed to turn over evidence the suspended officer could use in his defense.

In a July 2 ruling, Circuit Court Judge Brett Kassabian said prosecutors, in the office of Commonwealth’s Attorney Steve Descano, “failed to promptly and timely disclose exculpatory evidence,” and didn’t turn over the names or statements of any expert witnesses who support Timberlake’s argument that he used the stun gun on a man he mistook for another Black man who he knew was a PCP user with a history of fighting police.

However, the judge said the prosecution’s shortcomings in this case didn’t meet the standard required to throw out the case.

“Fifteen months remain between now and Defendant’s trial, and the court cannot find that defendant was prejudiced by the delay,” Kassabian wrote.

Kassabian said, “The Commonwealth has failed to meet its duty to disclose exculpatory evidence timely.”

While not meriting dismissing the case, Kassabian said prosecutors should be disciplined.

“To turn a blind eye and acquiesce in prosecutorial pronouncements of purported open file discovery not only adversely affects defendant’s rights to a fair trial, but also shakes the public’s confidence in a process that is based on justice and fairness,” Kassabian wrote.

In crafting a measure, Kassabian said prosecutors will not be allowed to have an expert witness — who is allowed to offer opinions — talk about Timberlake’s tactics.

“The Commonwealth shall be prohibited from introducing any expert testimony in its case in chief related to the purported unreasonableness and excessiveness of the Defendant’s actions or deviation from general orders,” Kassabian wrote.

However, jurors would likely be able to hear from a fact witness — for instance, a member of the county police department — who could describe officers’ training.

Descano issued a statement to WTOP and said he’s glad the judge found his office didn’t commit a violation resulting in a dismissal.

“I look forward to providing a jury of Fairfax County residents an opportunity to decide the outcome on the case’s merits. I take seriously the issues raised in the order, have reorganized the team working on this case, and directed them to immediately reexamine all potential discovery elements,” Descano said.

Timberlake remains on administrative leave. A police spokesman said the department’s internal affairs investigation will continue after Timberlake’s criminal case is resolved.

 

 

Gee Whiz...who knew? The Fairfax County Police are targeting Blacks......did they REALLY need a study for this?

 

UTSA study: Use of police force still breaking down across racial, ethnic lines

UNIVERSITY OF TEXAS AT SAN ANTONIO

(San Antonio, June 29, 2021) - UTSA criminology and criminal justice professors Michael R. Smith and Rob Tillyer working in collaboration with University of Cincinnati Professor Robin Engel examined racial and ethnic disparities in the use of force by the Fairfax County Police Department (FCPD). One of the nation's largest county police departments, the FCPD serves Fairfax County, Va., a major metropolitan county near Washington, D.C.

The team presented the results of its 18-month study today to the Public Safety Committee of the Fairfax County Board of Supervisors. The team analyzed three years of data, including 1,360 cases of force used by FCPD officers against at least one civilian between January 1, 2016 and December 31, 2018.

In addition to investigating the influence of civilian race, ethnicity and other factors on force used by FCPD officers, the team also was charged with providing recommendations for reducing potential bias in officer decision-making and improving future use of force data collection.

"Last year highlighted the racial and social disparities that are a fact of life for many in the U.S. The protests following the killing of George Floyd, public health disparities highlighted by the COVID-19 pandemic, and rising violent crime in many cities are examples of the larger social and economic challenges we face," said Smith. "As an urban serving university, UTSA is committed to research that can address the nation's pressing challenges."

Using benchmarks to compare the rate of force used against racial and ethnic subgroups to the expected risk of force across those groups, the researchers also used a series of multivariate regression models to assess factors associated with the totality and severity of force used used against civilians in Fairfax County.

The researchers benchmarked force used against the major racial and ethnic groups in Fairfax County to the racial and ethnic composition of criminal suspects and arrestees in the county. Key findings of the study included:

•          Average force levels were slightly higher for Blacks (2.4 on a 4.0 scale) than for other racial groups while resistance levels were essentially equal across the racial and ethnic groups.

•          The rates of force used against White and Black civilians consistently exceeded the benchmarks while Hispanic civilians were underrepresented in force cases compared to the benchmarks. The benchmarking findings for Asian civilians were mixed with some showing overrepresentation and some not.

•          Comparing rates of force used against minorities relative to Whites utilizing these same benchmarks showed that in all but one case, the rate of force used against minorities was lower than the rate used against Whites.

•          At the same time, Black, and to a lesser degree Hispanic civilians, experienced more severe force than Whites, and those findings varied by district station.

The researchers concluded that force was used county-wide more often than expected against White and Black civilians based on the benchmark comparisons and generally less often than expected against Hispanic civilians. They also found that Black civilians were more likely to have force used against them in arrest situations compared to Whites.

The researchers offered the FCPD many constructive suggestions on how to enhance its data collection practices, improve its use of force policies and provide evidence-based training to officers to help reduce future disparities in the use of force.

"The Fairfax County Police Department is one of the leading law enforcement agencies in the country. We hope our findings provide the agency and the residents of Fairfax County with a roadmap for improvement," said Smith.

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Fairfax County Dems call for firing of new police chief

 Its a punk problem...have you had to deal with the Fairfax County Police when they think no one is watching? They're punks. And that's the core of the problem. Get rid of that attitude and you'll have a great police force which is why this clown IS ALL WRONG FOR THE JOB. 

Fairfax County Dems call for firing of new police chief

David Taube May 26, 2021 at 2:00pm

The Fairfax County Democratic Committee wants county leaders to fire newly hired county Police Chief Kevin Davis in response to continued controversy surrounding his history as an officer.

The local political group passed a motion at its general membership meeting yesterday (Tuesday) recommending that the Fairfax County Board of Supervisors fire Davis, reopen the police search, and implement a transparent hiring process.

“We believe we need to overhaul the criminal justice system from top to bottom, to end racial inequity in policing, end police brutality and build a police force built on trust where our residents don’t need to worry about protecting their families from the police sworn to protect and serve them,” FCDC said.

Davis’s hiring has drawn vocal criticism from civil rights advocates and community groups since he was appointed as retired Chief Edwin Roessler’s successor on April 23, particularly in the wake of an NBC4 report on two lawsuits that he faced while working as an officer in Prince George’s County, Maryland in the 1990s.

In one case, Davis reportedly stopped and violently arrested a driver, eventually leading to a $12,500 jury award to Mark Spann, who is Black. The other case involved Davis and a group of narcotics officers illegally detaining a 19-year-old, who later sued and won a $90,000 judgment.

Davis has also faced renewed scrutiny for his 2015-2018 tenure as commissioner of the Baltimore Police Department, which included a secret aerial surveillance program and a six-day lockdown of the predominantly Black Harlem Park neighborhood that is the subject of an ongoing lawsuit filed by the ACLU’s Maryland chapter.

“Hiring a candidate with a history of racially charged use of force incidents in their past is not starting from a place where community trust can be built,” FCDC said.

Board of Supervisors Chairman Jeff McKay has repeatedly expressed confidence in Davis as Fairfax County’s new police chief.

A spokesperson from his office declined to comment on the FCDC motion, which was developed by the committee’s Black caucus. The committee says in a press release that it was “overwhelmingly” supported by its 1,000-plus members.

In lieu of a comment, McKay’s office shared a letter sent to FCDC on May 20 that touted Davis’s “ability to implement progressive reforms,” citing his efforts to implement changes in Baltimore like the introduction of body-worn cameras and a revised use-of-force policy that emphasizes deescalation.

The letter, which was signed by all nine Democratic supervisors, also defended the level of public engagement used during the police chief hiring process. The search included a pre-screening panel, a survey that generated over 3,000 responses, and an outreach campaign with over 275 community meetings and calls.

Davis also participated in a public input session during his first week as the new police chief — albeit with continued controversy.

“We are confident that this year’s process was the broadest and incorporated both extensive public input and intentional inclusivity,” the Board of Supervisors letter said. “Regardless, we commit to looking at our entire public participation process for future personnel decisions and establishing a framework for further improvement.”

The board also stated that it “fully understands that the history of policing has not centered around the safety and well-being of all members of the community,” acknowledging systemic problems in the U.S. and county.

As noted by the Fairfax County NAACP, the FCDC motion on Tuesday came exactly one year after former Minneapolis police officer Derek Chauvin pressed his knee on the neck of George Floyd. A jury convicted Chauvin of murder in the death of the 46-year-old Black man on April 20.

The civil rights organization reiterated in its statement released today (Wednesday) that it “does not have confidence in the process by which the new Police Chief was hired, nor in its results,” calling for people to contact supervisors and amplify their concerns on social media.

“Whether in Minneapolis or Fairfax, the issue of police brutality is real, and time and time again, we are told that our fears and outrage are misplaced,” the Fairfax County NAACP said. “What the Board of Supervisors refuses to acknowledge is the validity of our concerns over the hiring process and our experience of being dismissed when asked for feedback.”

Earlier on Tuesday, Davis, who started the job on May 3, shared a plan for his first 100 days at a Board of Supervisors public safety committee meeting. His plan included revamped procedural justice and implicit bias training that he, command staff, and others are testing before rolling out to the entire department.

“Accountability and training used to be kind of buried inside police department organizational structures. It needs to be elevated and highlighted,” Davis said.

Davis also said he plans to be inclusive with a community advisory council for his department, saying that, int he past, he has included the American Civil Liberties Union, the NAACP and other advocacy groups.

Lee District Supervisor Rodney Lusk, who chairs the public safety committee, proposed 30-day progress reports to assess his and the department’s work with numbers.

During the committee meeting, the board also discussed a draft policy that Davis presented to scale back when police are involved in a pursuit.

Distrust hangs over Fairfax County’s introduction to new police chief

 

Matt BlitzMay 7, 2021 at 2:10pm

 

(Updated 5:00 p.m.) Kevin Davis’s first challenge as Fairfax County’s new police chief is to earn the public’s trust, and if the community input session held last night (Thursday) was any indication, it will be a formidable task.

In a virtual discussion that lasted more than two hours, caller after caller expressed dismay at what they believe was insufficient transparency and community engagement from the Fairfax County Board of Supervisors during the hiring process, leading many to question that if the county made the right decision in appointing Davis.

“The Board’s closed-door deliberations and no community involvement in the vetting process left us in the dark. This, coupled with press revelations after the selection, rendered the process fatally flawed,” Diane Burkley Alejandro, lead advocate for the immigrant rights organization ACLU Power People Fairfax, said during the session.

Late last month, NBC4 reported that Davis had faced — and lost — civil lawsuits in the 1990s related to the use of force and unconstitutional detainment while on the job in Prince George’s County.

Callers also brought up concerns about Davis’ authorization of secret aerial surveillance while he was Baltimore’s police commissioner as well as comments he made in a 2020 Baltimore Sun op-ed about defunding the police.

The Board of Supervisors acknowledged that the community has expressed concerns about Davis’s record in a broad statement earlier this week, but county leaders have not wavered from their position that he was the best choice to lead the Fairfax County Police Department and implement the reforms that the board has been seeking.

“Your hiring of Mr. Davis in today’s environment is just plain tone deaf,” Hunter Mill District resident Diana Smith said yesterday, directing her ire to the board. “…It sends a really negative message. I think this was a really flawed decision based on a really flawed process, which led to a flawed selection of a candidate.”

A number of callers backed Fairfax County NAACP’s call last week for a new police chief search, a stance that has won support from other community groups throughout the week.

“I and other community organizations expressed not only the lack of community engagement but the type of community engagement. It’s fine to check a box and say ‘we did a survey, we had community meetings’ but was that enough and were we really heard?” Amanda Andere, a member of the Chairman’s Equity Task Force, said. “We need to start over. We need a process rooted in equity that starts and ends with community input.”

For Davis’s part, he acknowledged the criticisms in his opening remarks and said that he made mistakes over the years but plans to continue to work to gain the community’s trust.

“I have certainly changed, grown, and have learned many lessons throughout the course of my career,” Davis said in response to one caller. “Every year along my journey, I’ve learned more and have become more attuned to community expectations and sensitivities…Was it always a perfect journey? No.”

Throughout the night, Davis reiterated that he was proud of his career, the progress he’s made in terms of building trust with communities of color, and his belief that he has been “one of the most progressive reform leaders in our country.”

“I’ll follow my own mother’s advice…by being the best chief of police I can possibly be,” Davis said.

Even though callers frequently directed questions to them, Board of Supervisors Chairman Jeff McKay and Lee District Supervisor Rodney Lusk, who chairs the Public Safety Committee, rarely responded to the callers and largely limited comments to their opening and closing remarks.

Some questioned if the board had to sign non-disclosure agreements regarding the process of selecting a new police chief. Neither responded to those inquiries.

A county official confirmed to Reston Now that board members signed NDAs but said this is not an uncommon practice when the board interviews job applicants to preserve their anonymity.

Neither McKay nor Lusk seemed to entertain the idea of redoing the search for a new police chief either.

“We are aware that there’ve been some instances that have come to light that have caused concern in our community. I want to reiterate that we have heard those and we understand those,” McKay said in his opening remarks. “We know that [Davis] brings with him extensive experience in police reform, and we know that he will move Fairfax County to the next level.”

In his closing remarks, Lusk, who is Black and has spoken about his own painful experiences with police, explained his thought process when it came to selecting Davis as police chief.

“I know there’s a lot of emotion around this and, believe me, I have had a lot of emotion around this too,” Lusk said. “…Can we give Chief Davis an opportunity to enact the reforms we need? If he’s not able to do that, the Board has to make a decision. He knows where he is in this situation.”

Davis also addressed media for the first time this morning (Friday) in a press conference where he again highlighted his past achievements and answered questions about past incidents and lawsuits.

“I was twenty four years old in 1993. Would a 52-year-old Kevin Davis handled that incident differently now? No doubt about it,” he said in reference to the 1993 encounter that left a young Maryland law student bloody in front of his family’s home.

Referencing the 1999 incident where he was accused of false imprisonment and roughing up a teenager, resulting in a $90,000 settelment for the victim, he reiterated what he told the Baltimore Sun in 2015.

“I was a young narcotics detective and we were given an assignment from a high-ranking official,” Davis said. “We did not have full visibility on that assignment and should have asked more questions. We should have been more skeptical. We should have been more cynical, but we weren’t…More than any other experience in my career, that has shaped me.”

When asked if he disclosed these incidents to the Board of Supervisors during the hiring process, he said only that the process was “comprehensive and exhaustive.”

He also spoke about his plans to institute reforms in a police department that has had a history of using force against people of color, while also addressing morale within the department.

“Morale is an issue in the Fairfax County Police Department,” Davis said. “We have to work on attrition. We have to work on recruiting.”

Fairfax County Board of Supervisors Fairfax County Police Jeff McKay Rodney Lusk

 

 

 

 

 

 

 

 

 

 

 

 

 

Shadow Of Lawsuits Hangs Over New Police Chief In Fairfax

 

Fairfax County board reaffirmed its support for newly appointed police chief, despite reports of lawsuits he faced earlier in his career.

FAIRFAX COUNTY, VA — Fairfax County Board of Supervisors threw their support behind new Chief of Police Kevin Davis, whose appointment has been clouded by recent reports of use-of-force lawsuits against him in his past. The board appointed Davis on April 23, and his first day on the job was Monday.

In the aftermath of Davis' appointment, several news outlets in the Washington, D.C. area reported that the incoming police chief had a series of use-of-force cases brought against him when he worked for the Prince George's County Police Department in Maryland earlier in his career.

The board issued a statement late Tuesday afternoon saying Davis was chosen with their full support and confidence.

"We are aware of the incidents reported in the local media," the statement said. "While they occurred decades ago, we understand the concerns of the community. We expect Chief Davis to respond to questions regarding those incidents in the media and directly with the community and the Board of Supervisors. He has also demonstrated through his leadership that his past experiences have shaped his focus on reform. He has our trust to guide the Fairfax County Police Department through the challenges ahead and build on the reform efforts already made."

In the early 1990s, Davis — who Board Chairman Jeff McKay described as someone who will further the county's work on police reform — stopped a soon-to-be law student named Mark Spann while he was driving in Prince George's County.

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After Spann was stopped, Davis violently took him to the ground and arrested him, Spann told NBC4. He eventually won his civil case against Davis.

Six years later, Davis was sued again, this time for false imprisonment and arrest of a man who said Davis and other officers essentially kidnapped him for a night, NBC4 reported. The victim won a civil lawsuit against Davis.

Davis went on to become the assistant chief in Prince George's County before getting jobs leading Anne Arundel County and Baltimore city's police departments.

In its statement, the board reiterated its commitment to collectively reform policing in the county and expected Davis "to be a strong and effective advocate for the types of reforms that are designed to protect at risk communities from police misconduct."

On Monday, FCPD posted a photo to its official Twitter account of Rev. Anthony McCarthy, a former NAACP spokesman and a former public information office for three Baltimore mayors.

"Baltimore has had a long line of police commissioners," McCarthy said, in the Twitter post. "Kevin Davis has a human touch. People genuinely like him and admire him, both black and white. He was exceptionally aware and sensitive of race issues because of the obvious demographics of our city. Fairfax County will be well-served by Kevin Davis."

In a second quote posted by FCPD Tuesday on Twitter, Tessa Hill Aston, former president of the Baltimore NAACP, praised Davis, saying that "he listened and acted" when they worked together in Baltimore.

McKay and Lee District Supervisor Rodney Lusk, who chairs the board's public safety committee, are hosting the call-in, public input session about Davis at 7 p.m., on Thursday. Those wishing to participate in the community input session may call 703-324-1020. Anyone who wishes to testify by phone during the event or submit video or written testimony must sign up in advance by emailing clerktotheBOS@fairfaxcounty.gov.

In a new era of policing, old claims of misconduct draw fresh questions for a chief

Kevin Davis in 2017 when he was the police commissioner in Baltimore. He has been named chief in Fairfax County, Va. (Patrick Semansky/AP)

By 

Justin Jouvenal

May 1, 2021 at 4:25 p.m. EDT

As a young police officer in Prince George’s County in the 1990s, Kevin Davis was accused in separate lawsuits of slamming a Black driver into the pavement during a traffic stop and, with other narcotics detectives, illegally detaining a 19-year-old.

Juries awarded both plaintiffs damages, before Davis began a rapid ascent to the upper echelons of local policing. He became a top deputy in Prince George’s County, Md., then went on to lead the police departments in Anne Arundel County, Md., and the city of Baltimore.

But amid a national reckoning on race and policing, those more-than-two-decade-old incidents have become fresh flash points as Davis, 52, who is White, begins his latest high-profile post Monday: police chief in Fairfax County, Va.

In recent days, Fairfax County’s chapter of the NAACP and several other groups have called for Davis’s ouster or have demanded more information about how Davis was chosen. At least three groups, including the NAACP and a group affiliated with the American Civil Liberties Union, have expressed misgivings about the selection process.

Davis disputed the account of the driver in the traffic incident. He said he made a mistake in the other encounter and framed it as a learning experience.

Kofi Annan, executive director of The Activated People, the latter group that wants a new chief, wrote in an email that Davis “is not the leader we need at this moment.”

“The hire feels like a gut punch considering what the Black community and our nation has experienced over the past year,” Annan wrote. “While the Derek Chauvin verdict was a step in the right direction, this hire feels like we’ve taken two steps back locally.”

Fairfax County taps former Baltimore chief to be next police leader

Fairfax County officials defended their choice, saying Davis has built a stellar record as a reformer since those early incidents and is well-positioned to continue the ambitious overhauls the Fairfax County Police Department has undergone in recent years.

Davis helped guide Baltimore’s troubled police department through reforms after the death of Freddie Gray of injuries suffered in police custody, and he paired officers with mental health professionals to respond to calls about people in crisis in Anne Arundel, among other innovative initiatives.

“Davis demonstrated a complete understanding and commitment to improving policing, promoting transparency, and building relationships in the community,” Fairfax County Board of Supervisors Chairman Jeff Mc¬Kay said in a statement. “In addition, following conversations with leaders across the region as well as people who have directly worked with him, it is clear that they also have tremendous confidence in his abilities.”

In interviews with The Washington Post, Davis pointed out that he was cleared of any wrongdoing in internal reviews of both incidents from the ’90s. He took issue with the account of the Black driver in the first incident and said he erred in participating in the second. He said the latter case helped forge his policing philosophy and pushed him toward a reform mind-set.

“That 1999 incident convinced me when I ascended to leadership positions . . . I would take every effort and every care to ensure that my subordinates were never put in a position that was in contrast to the values of the police department and the community,” Davis said.

But Mark Spann, the driver in the first incident, questions the selection of Davis as chief.

Spann, then a White House intern, said in an interview that he was returning home after a night out in 1993 when Davis stopped him in front of his parents Temple Hills home for reasons he said remain unknown to him.

In Spann’s recollection of the event, Davis doubted that Spann owned the Mercedes-Benz he was driving and refused to answer questions about why he had been stopped. Spann also said in testimony in 1994 to the Prince George’s County Human Relations Commission, which investigated the encounter, that he refused requests by Davis to submit to a search.

As the conversation escalated, Spann grew fearful and honked his car horn, drawing his father out of their home. Walter Spann recalled that when Davis and another officer who arrived on the scene would not tell him what was happening, he criticized the officers’ communication skills. Walter Spann said Davis grew angry and prepared to handcuff his son.

After Mark Spann asked why he was being handcuffed, Davis grabbed him and threw him to the pavement, pushing his face into the ground and causing him to bleed, father and son said. Spann said he was then handcuffed and loaded into Davis’s cruiser, where he was threatened and insulted with racial slurs by Davis on the way to the police station.

Spann was charged with battery, resisting arrest and disorderly conduct. His trial ended in a hung jury, with most jurors favoring his acquittal, according to court records.

Spann sued Davis, and a jury awarded him $12,500, according to court records.

“I’m incredulous that this man would be considered as a purveyor of justice for our communities and our safety,” Spann said.

In an interview, Davis emphatically denied using any racial slurs against the younger Spann and said his account is not accurate. Davis declined to address the specific points of his story, saying he didn’t want to get into a back-and-forth with him.

“I respect his position and how he feels, but I strongly disagree with his memory,” Davis said.

In a statement and testimony to an investigator for the Human Relations Commission in 1994, Davis said he stopped Spann because he was acting suspiciously. Davis told the investigator that Spann got out of his car and walked briskly toward his cruiser and refused commands to get back inside the car. He also insulted Davis, calling him a “red-neck police officer,” according to a summary of Davis’s account.

When Davis asked Spann to put his hands on a cruiser for a search, Spann pointed his index finger in the officer’s face, according to the account. Davis told the investigator that Spann shoved him and that they both fell to the ground after a struggle. Davis told the investigator he did not intentionally push Spann’s face into the ground and that Spann kicked a second officer.

Spann denied being belligerent or physically violent.

The Prince George’s County Human Relations Commission concluded that the encounter was “an outrageous incident of police misconduct” and that Davis had used excessive force. The findings were based on interviews with Mark Spann and his father, since Davis chose not to testify before the full commission.

The panel said Davis harassed Mark Spann “without cause” by “treating him like a criminal suspect when there was no reason to do so” and “making physical and other threats.”

Though the department cleared Davis in the incident, the commission recommended that the police department pursue “significant disciplinary action” against him, pay Spann’s medical expenses and investigate whether there was any merit to the charges filed against Spann.

 

Kevin Davis, who has been named Fairfax County’s police chief, is seen in 1997 when he was with the Prince George’s County police. He is shown in a case involving a car that was using fake temporary license plates. (Robert A. Reeder/The Washington Post)

In the 1999 lawsuit, Davis and a group of Prince George’s County narcotics officers were accused of picking up a 19-year-old and questioning him for five hours on the whereabouts of his 17-year-old girlfriend. The girl was the niece of a deputy chief, who had ordered Davis and the other officers to hold the teen without a warrant.

The teen, Brian Romjue, later sued Davis and the other officers in federal court in Maryland, winning a $90,000 judgment. Romjue could not be reached for comment.

Davis said he was given the case under false pretenses and should have asked why a superior was asking narcotics detectives to investigate a missing-person case. He said it was a searing experience.

“The six most important words in the English language are ‘I admit I made a mistake,’ ” Davis said.

Davis’s selection followed a nationwide search to replace Dave Rohrer, who was serving as interim police chief since Edwin C. Roessler Jr. resigned in February. McKay said the effort was “comprehensive,” including 275 community meetings and calls, 450 emails to stakeholders, and a survey of county residents that drew 3,000 responses.

Even so, the Fairfax County NAACP and other groups said the public did not have enough input, that the selection process should have been more transparent and that they had questions about how fully Davis was vetted.

Karen T. Campblin, president of the Fairfax County NAACP, said in a statement that the organization has no confidence in the process by which Davis was selected and had raised concerns about the lack of public input while the process was underway.

“Unlike the 2013 hiring process for the former police chief, Fairfax County residents were excluded from the candidate evaluation and interview sessions,” Camp¬blin said. “Throughout the hiring process, the Fairfax County NAACP expressed concern over the lack of transparency and accountability to the public.”

Fairfax County Supervisor Rodney Lusk, who heads the public safety committee, said the Fairfax County NAACP and other groups were given the opportunity to provide written comments on what they wanted in a police chief and to provide sample questions.

“We incorporated their concerns, their issues and their questions in the interview process,” Lusk said.

Lusk said he could not comment on what supervisors knew of the incidents involving Davis from the ’90s, but Mark Spann said he was not contacted by county officials as he had been by Baltimore officials when Davis was up for chief there. The Fairfax County Board of Supervisors said it plans to hold a public meeting to address concerns about Davis.

Chuck Wexler, executive director of the Police Executive Research Forum (PERF), said he knew nothing of the ’90s incidents involving Davis but said Davis had done substantive work as Baltimore’s police chief.

Wexler said Davis was the first big city police chief to implement PERF’s de-escalation policy at a time when it was controversial and some said it could get officers killed. Wexler said Davis also implemented a federal consent decree aimed at reforming the department at a time when he could have tried to put it off.

Wexler said that given the national climate around policing, issues from chiefs’ pasts are receiving more scrutiny. He said few candidates for chief of police have no baggage.

“People will look at what someone did years ago, and it comes back to haunt them,” Wexler said. “You have to ask yourself, given the totality of someone’s work: What have they done then, what would they do now, and what will they do in the future?”

Magda Jean-Louis contributed to this report.