Feds Investigate Death of Black Inmate in Fairfax Jail
August 20, 2015 12:24 PM
FAIRFAX, Va. — The Department of
Justice says it has launched a civil
rights investigation into the death of a black inmate earlier this year who was
subjected to shocks from a stun gun during a cell transfer.
A department spokesman said
Thursday that its Civil Rights Division, the FBI and the U.S. Attorney for the
Eastern District of Virginia have launched an independent investigation into
the death of Natasha McKenna.
Officials say McKenna stopped
breathing Feb. 3 after she was shocked multiple times while shackled
andwearing a hood as she resisted
efforts to move her from her cell. She died five days later.
A medical examiner’s report ruled McKenna’s death was
accidental.
Fairfax County Police completed
their investigation last month and sent the case to Commonwealth’s Attorney Ray
Morrogh for review.
Analysis: Wave of Police Officers Charged in Killing – Blip or New Trend?
Posted by David Greenwald
The willingness for prosecutors
to charge and prosecute police officers for on-duty murder is one of the
biggest changes that has happened in the last year since the fallout from
Ferguson and Staten Island. When a Grand Jury refused to indict officers involved
in the killings of Michael Brown of Ferguson and Eric Garner of Staten Island,
it was largely business as usual for prosecutors reluctant to charge police
officers for crimes committed while on duty.
We saw this in Yolo County. In
2009, sheriff’s deputies shot and killed Luis Gutierrez, who they said fled
from them on Gum Avenue in Woodland and then pulled a knife.
Six months after the shooting,
the DA’s office concluded their investigation and found, “When considering all
of the facts and circumstances known to them at the time, the use of deadly
force by the deputies was objectively reasonable and justified and therefore
does not warrant the filing of criminal charges against Sgt. Johnson, Deputy
Oviedo or Deputy Bautista.”
Said Assistant Chief Deputy
Jonathan Raven at the time, “The district attorney’s report was based on a
lengthy (Woodland) Police Department investigation and we were thorough and
deliberate. We came to a decision and
even asked the attorney general to review it, and we also asked the U.S.
Department of Justice and the FBI to conduct their own investigation, and
certainly we hope the community is comfortable with the decision, because
that’s important to us.”
A jury in a federal civil rights
case in the fall of 2012 found for the officers in that case – the shooting was
not captured on video.
In 2012, ten months after the
November 18, 2011, pepper-spraying incident at UCD, the DA’s office concluded
“that the use of force in this case was not unlawful.”
In their conclusion, the DA wrote,
“Lieutenant Pike’s pepper spraying of the seated protesters has been seen by
and has outraged millions of viewers throughout the world. Based on the thirty
seconds of video that most people have seen the pepper spraying may look like
unreasonable force.”
“In evaluating the totality of
the circumstances under a reasonable doubt standard, we have considered and
given substantial weight to the opinions and conclusions set forth in the Kroll
Report,” the DA writes. “In light of this additional evidence, and viewing the
incident through the totality of the circumstances, there is insufficient
evidence to establish proof beyond a reasonable doubt that the use of force
involved in the November 18, 2011, pepper spraying was unlawful and therefore
warrants the filing of criminal charges.”
Even on the few cases when
prosecutors were willing to seek indictment or otherwise charge police officers
for fatal shootings, getting convictions was difficult.
Oscar Grant was shot by BART
Police Officer Johannes Mehserle on New Year’s Day 2009. Officers detained Mr.
Grant and others on the platform of the BART station. Officer Mehserle stood
and said, “Get back, I’m gonna Tase him.” Then, the officer drew his pistol and
shot Mr. Grant in the back. Mr. Grant, unarmed, was pronounced dead the next
day. This event was captured on video and widely disseminated.
In 2010, Mr. Mehserle was charged
with murder, and he resigned his position. In July, the jury returned a verdict
of not guilty of second-degree murder and voluntary manslaughter. He would be
found guilty of involuntary manslaughter and was sentenced to two years and
released in June of 2011, having served 11 months.
These types of decisions
represented conventional wisdom at the time. Even when prosecutors were
inclined to charge police officers with crimes, they feared juries would side
with the police.
However, an Atlantic article this
week finds that, over the past five months, 14 police officers have been
charged in on-duty killings – a rate that represents five times the previous
rate for charging.
This week, a judge ordered
Albuquerque officers to stand trial for killing a homeless man as he appeared
to surrender. The same day, “two former East Point police officers were
indicted on charges that they murdered a 24-year-old father by repeatedly using
their Tasers on him while he was handcuffed and sitting in a creek,” the
Atlanta Journal Constitution reported.
On Monday, the Washington Post
reported that a “former Fairfax County police officer was charged with
second-degree murder, nearly two years after he shot an unarmed Springfield man
who stood with his hands raised in the doorway of his home.”
In July we had the prosecution of
Ray Tensing for the killing of Samuel DuBose, in June Michael Slager was
charged with the killing of Walter Scott, and in May six officers were indicted
on homicide charges connected to the death of Freddie Gray.
The Washington Post cataloguing
of police murders found that “American police officers kill orders of magnitude
more people than their counterparts in other western democracies.” The Atlantic
reports that “the number of U.S. cops arrested for killingsin the last five
months exceeds the total number of people shot and killed by cops in England
going back five years. This is particularly extraordinary, given how reluctant
many U.S. prosecutors are to file charges against police, and how much
deference police reports are given in the absence of video or forensic
evidence, like a bullet in the back, that blatantly contradicts their story.”
In a seven-year period ending in
2011, just 41 officers were charged in connection with on-duty shootings, the
Wall Street Journal reported in 2014, citing research by Philip Stinson, an
assistant professor of criminal justice at Bowling Green State University.
“That figure works out to an average of 5.8 officers charged per year, but
excludes officers charged in non-shooting deaths.”
The Atlantic notes, “And while it
may be that the five-month period we’re in now will look like just an unusual
cluster, if the rate at which cops are indicted for killings continues at this
pace, then we’re witnessing a sharp disjuncture with the recent past.”
If this trend continues, then it
would appear that the protests and awareness brought by the #Blacklivesmatter
movement will have led to policy change. If it reverts, then it will just have
been a momentary blip, soon forgotten.
—David M. Greenwald reporting
Torres ends two year “The Torres Two year Vacation Plan”
Torres ends two year “The Torres
Two year Vacation Plan” especially set aside for Fairfax County Police who kill
people under suspect circumstances.
Officer Adam Torres has left the building…….er….department.
Recreation of the shooting based on a concept.
Fairfax County Police said……24
months…two fuck’n years…. that Torres, the cop who shot John Geer “is off the
force”
When asked for a comment, Sharon
Bulova said “Pay me. The cops are paying me not to talk. You want me to talk? Show me the money”
Fairfax County logic
Fireman suggests putting cops in
body bags and gets suspended and gets nasty letter from the police union.
Fairfax County cops murder 7
people and go on paid leave for several years and get “A good sound talking too”
Fairfax County Firefighter on
Leave After Anti-Police Rant Online
Khalil B. Abdul-Rasheed posted
comments on Facebook's Filming Cops page that said "we have to start
putting them in body bags."
By MARY ANN BARTON (Patch Staff)
August 8, 2015
Fairfax County Fire and Rescue
has put one if its firefighters on paid administrative leave while they
investigate comments he allegedly posted online encouraging violence against
police officers, according to a statement posted by the fire department on
Twitter.
Fairfax County firefighter Khalil
B. Abdul-Rasheed allegedly posted the following about police officers,
according to a report by WUSA-9:
“We have to start putting them in
body bags. Pull the cops off, lay on the individual, form a circle or throw
punches. Do something… they can’t massacre a mob.”
The post was allegedly made on a
Facebook page called Filming Cops, which describes itself as a police
accountability movement. It appears that the firefighter’s own Facebook page
has been removed.
On Tuesday, Fairfax County
released this statement:
The Fairfax County Fire and
Rescue Department is aware of a recent social media post by one of our
employees that concerns us. We consider this a serious matter and the situation
is currently under investigation. The Fairfax County Fire and Rescue Department
will not tolerate committing or inciting violence against law enforcement
officers. Fairfax County public safety agencies continue to have a strong
working relationship and solid professional respect for each other.
On Statter911, a fire and EMS
news website, in an exchange with founder Dave Statter, Abdul-Rasheed allegedly
posted:
“I’m upset and disgusted about
the unfairness, racism in this country. As a black we’re not allowed to be
angry. We’re a threat because of color or in my case color and religion. Black
people are being gunned down… then they (officers) get to walk away.”
The president of the Fairfax
Fraternal Order of Police Lodge 77, Brad Carruthers, wrote to the fire
department’s Chief Richard Bowers, expressing concern about the alleged
comments:
Dear Chief Bowers:
It was brought to my attention
earlier today that Fairfax County firefighter Khalil Abdul-Rasheed recently
posted some despicable comments on social media, urging violence against police
officers. To say that I and my fellow Fairfax County police officers are
shocked, angry and upset about these statements would be a major
understatement.
As you know, it has been a
challenging time for the law enforcement community, to say the least. We’ve
been taking a lot of hits lately, from all directions. We’ve been unfairly
criticized, misjudged, and second-guessed by the public, the media, and
politicians. Even worse, there are some who are seeking to incite others to
harm police officers, and several officers have been targeted and killed for no
reason other than they were wearing a badge.
I don't like how the game is turning out so I want to change the rules midstream
ANYONE DOUBT SHE'LL GET WHAT SHE WANTS? WELCOME TO FAIRFAX COUNTY.
Fairfax wants attorney documents
in John Geer case kept under seal
By Tom Jackman August 6
A top Fairfax County government
attorney, who faced termination for her handling of a case involving the fatal
police shooting of an unarmed man,wants to pursue a grievance against the
county, which is seeking to keep key documents in the case hidden from public
view.
Deputy County Attorney Cynthia L.
Tianti was nearly fired in March after Sharon Bulova (D), the chairman of the
Fairfax County Board of Supervisors, said Tianti had not informed the board
that the county prosecutor wanted to meet to discuss the case of John B. Geer,
who was killed by a county police officer. Tianti headed the legal team that
advised Fairfax Police Chief Edwin C. Roessler Jr. to withhold documents from
the prosecutor in his investigation of Geer’s 2013 killing, previously released
e-mails show.
County Attorney David Bobzien
said in March that he was eliminating Tianti’s position as deputy in charge of
operations and reorganizing the office while Tianti was placed on leave as the
first step in a termination process. But in June, the county restored Tianti to
her job as deputy county attorney, although she was assigned to work only on
matters involving the Community Services Board, which provides help for people
with mental illness and substance abuse problems.
Tianti sought to file a grievance
over how she was treated, court records show. Fairfax has well-defined rules on
what may be heard by the county’s Civil Service Commission, and the county
executive decides whether a grievance can proceed to the commission, an
impartial hearing body for county employee grievances and appeals. Court
filings show that after a series of e-mails and meetings, Fairfax Deputy County
Executive David Rohrer, the former Fairfax police chief, denied Tianti the
opportunity to take her case to the commission.
Tianti is appealing Rohrer’s
decision to Fairfax County Circuit Court. In that case are documents that apparently
involve Tianti’s communications with the Board of Supervisors, according to the
county’s filing. The county wants to keep those documents sealed, saying they
fall under attorney-client privilege or attorney work product, according to a
letter by attorney Sharon Pandak, who is representing Rohrer.
Two people familiar with the case
said the communications could support a claim by Tianti that she did nothing
improper and possibly contradict the board’s claims that Tianti did not keep
them informed about the case. Tianti declined to comment on the case or the
content of the communications. She has worked for the county for 25 years and
received a top employee award for her work on another case.
Circuit Court Judge Daniel Ortiz
will hear arguments Friday on whether to keep the communications between Tianti
and the board sealed. The judge has 30 days to rule on whether Tianti should be
allowed to proceed with her grievance.
Bulova said of Tianti in an
e-mail, “It is interesting that the county attorney who advised the police and
Board of Supervisors to not share or release any information is now prepared to
release privileged attorney-client information that she believes might be to
her advantage. This is a personnel matter regarding an employee who is not happy
about being transferred (which was an alternative to being terminated). The
Board of Supervisors does not participate in the grievance process and I don’t
know what material or documents she wants to have released.”
Asked whether the supervisors
would waive their attorney-client privilege to withhold the underlying
documents in the case, Bulova said the board is not scheduled to meet again
until Sept. 22 and could discuss a waiver then.
After Geer, 46, was shot and
killed by Officer Adam D. Torres on Aug. 29, 2013, Fairfax police began a
criminal investigation and provided the results to Commonwealth’s Attorney
Raymond F. Morrogh. Morrogh asked the police that November for prior internal
affairs involving Torres as part of his deliberations on whether to charge
Torres with a crime.
But after consulting county
attorneys Tianti and Karen L. Gibbons, Roessler refused to provide the prior
Torres files, e-mails between Gibbons and Morrogh show. Morrogh referred the
case to the Justice Department in January 2014 to seek the files in federal
court. It is not clear whether Tianti advised the Board of Supervisors of those
developments.
In September 2014, with no
movement from the Justice Department, Morrogh sought to arrange a meeting with
Bulova to discuss the lack of cooperation from police in the Geer case,
seemingly at the behest of the county attorney’s office. “When one section of
the police department is instructed to withhold information from the
investigating officers and the prosecutor, the integrity of the investigation
is called into question,” Morrogh wrote.
Tianti responded that she was
Bulova’s attorney and would need to be present. Morrogh inquired about speaking
to the board at a public meeting. Tianti answered, “I did not know of a way for
you to do so,” the e-mails show.
When the e-mail exchange was made
public in February, Bulova said she had never been told that Morrogh wanted a
meeting and that she would have met with the prosecutor.
Various supervisors expressed
frustration with the county attorney’s office, and Tianti was placed on leave
in March.
Antonio Olivo contributed to this
report.
Do you fuck'n believe this?
Fairfax police chief responds to
Iraq vet’s complaint
By Andrew Mollenbeck |@mollenbeck WTOPAugust
7, 2015 8:55 pm
WASHINGTON — Fairfax County
police officers acted “safely and lawfully” when confronting a sleeping Iraq
War veteran with guns drawn, Chief Edwin Roessler has determined.
The June 14 encounter came after
a man called 911 to report a squatter in the model unit of an Alexandria
apartment building.
“I’m just concerned about
squatters using this as a routine place to squat and then breaking into my
office when I’m not here,” the unidentified caller said, according to a
recording of the 911 call provided by police.
But Alex Horton had permission to
stay in the model unit while his was being repaired. The door was left slightly
open, which led the caller to believe he had entered without authorization.
Horton’s subsequent op-ed in The
Washington Post about the ensuing encounter compared the police response to
raids he experienced in war.
He likened the police response
with guns drawn to a “troubling approach to law enforcement nationwide.”
Roessler on Friday wrote to
Horton to explain the results of the inquiry into his officers’ actions.
He wrote that they had tried to
determine if the man in the model unit had permission to be there, but offices
were closed and the security guard didn’t know Horton had been allowed to stay
in the unit.
Police also knocked and announced
themselves before entering the unlocked apartment, but Horton hadn’t come to
the door.
That’s when they entered the
apartment, with two officers holding their guns at what Roessler described as
“the ready position.”
“Let me see your hands — don’t
move,” one officer was quoted as saying as they entered the bedroom and
performed a “protective sweep.”
Roessler says the department
investigated the officers’ behavior after Horton filed a complaint the next
day. The investigating officer found that the officers’ actions “were in
compliance with all applicable rules, laws, and regulations.”
Horton’s Op-Ed prompted a second
inquiry, which Roessler says determined that “the officers acted based on
reasonable suspicion that a crime was occurring and took appropriate actions to
safely resolve their investigation,” he writes. “I fully understand what you
have articulated well about the officers’ tactics in this situation.”
He ended the letter by thanking
Horton for his own service.
Fairfax County has faced its own
share of scrutiny over its use of force policies since the death of John Geer,
who was shot outside his Springfield home in 2013 by Officer Adam Torres. It
took a lawsuit before police would release Torres’ name and prosecutors still
have not decided whether he should face criminal charges.
The county announced Friday that
Torres no longer works
Game changer! Fairfax county cop guns down dog, dog gets blamed
WHAT'S THE POINT IN POSTING THE ENTIRE STORY?
Police Officer Cleared in 2014
Shooting of Dog
An investigation found "no
basis for criminal liability," according to the Fairfax County Police
Department.
When asked how she would handle the cops investigating the cops and once again finding the cops innocent, Sharon "Show me the money" Bulova said “I will form a toothless and
costly committee to make suggestion to the police department which the police
department will reject but that that way I’ll look like I actually got off my fat
ass and did something"
Give these young people a medal for being good and concerned citizens.
THANK YOU MIKE CURTIS AND LORELEI MCFLY (really?) FOR ORGANIZING THIS EVENT. YOU ARE MAKING YOUR NATION A BETTER PLACE
'Night Out Against Police Crime' Held By Activists In Fairfax County
By: Michael Pope
August 5, 2015
WAMU/Michael Pope
Protesters gather outside the
Fairfax County Police Department to stage an event they called a Night Out
Against Police Crime.
Across America, police officers
and their leaders were out Tuesday night celebrating National Night Out, a
celebration of police traditionally held on the first Tuesday in August. But a
growing sense of distrust of Fairfax County Police has created a rival event in
Fairfax County, a Night Out Against Police Crime. The idea is to call attention
to a series of high-profile cases in Fairfax County.
"Obviously the police don't
want themselves to be the focus," says Mike Curtis, one of the chief
organizers of the protest, which took place outside police headquarters.
"But they are responsible for a great deal of serious crime here in
Fairfax County with the murder of no less than seven innocent unarmed people in
recent years. So we think it's important to highlight that as well."
Mike Curtis and Lorelei McFly organized the
event.
One of the people attending the
protest was Chuck Modaino. He came from Silver Spring. So what brought him all
the way out to Fairfax County?
"The idea that you can go
and kill someone in broad daylight, sometimes even on video, and not get
arrested for it is so outrageous that the better question is why aren't more
people out here?" asks Modaino.
Fairfax County Police Chief Edwin
Roessler acknowledges his department has suffered a crisis of confidence since
the death of John Geer, the unarmed man from Springfield whose death in 2013
prompted the creation of an Ad Hoc Police Practices Review Commission. The
activists behind Tuesday's event began organizing after the death of Geer,
using social media and public rallies to draw attention to the case and the
lack of information available from the Fairfax County Police Department.
"The pressure that we've put
on has helped lead to the establishment of the Ad Hoc Commission, and it's
definitely raised awareness in the community," says Lorelei McFly, one of
the chief organizers of the event. "Slowly our officials may be getting
the idea that they can't just wait for this to blow over anymore."
By Election Day, when all seats
on the Fairfax County Board of Supervisors will be up for election, the
commission is set to issue a series of recommendations. Those recommendations
could radically transform how the department works and what kind of details it
releases to the public.
Here's a great idea!
A task force looking to cut as
much as $100 million from the budget of one of the nation’s largest school
systems has suggested that major savings could come from getting rid of all
school sports, limiting extracurricular activities and increasing class sizes.
Here’s an idea……take it from the
cops…..take the money from the cops budget…..if they have enough to keep a cold
blooded killer on the payroll for almost three years while he sits around at
home watching TV and can afford $3,000,000 to John Geer’s family and another
$1,000,000 to Sal Polisi’s family….take the money from the cops and give it to
the kids.
They won’t use it to kill
anybody.
the cost of a free press
Prostitution Charge Dropped in
Case an Albany Journalist Called Retaliation
By JESSE McKINLEY
AUG. 9, 2015
ALBANY — In March 2012, just
blocks from the State Capitol, several law enforcement officers stormed into a
second-floor spa and arrested a woman, accusing her of soliciting money for
sexual acts. An invasive strip search was done, thousands of dollars were
seized and the woman, Min Liu, was soon charged with prostitution.
But it was the woman’s employer
at the Green Garden Asian Spa who provoked the uproar: Bin Cheng, the wife of
J. Robert Port, who was the investigations editor at The Times Union of Albany.
Almost as soon as Ms. Liu was
arrested, Mr. Port accused the police of targeting his wife’s business in
retaliation for a series of articles he had shepherded into the newspaper that
called into question the tactics and practices of an Albany County sheriff’s
drug unit.
“I already knew that this unit
was investigating my wife,” said Mr. Port, 59, who is also a former adjunct
journalism professor at Columbia University. “I knew they were watching her.”
Ms. Cheng, 46, was not at the spa
during the raid, nor was she ever charged with any crime, but the implication
that she was involved in nefarious activities hovered over Mr. Port’s family,
he said.
“This went on for three years, a
cloud over a person’s head and a cloud hanging over my wife’s business,” he
said, reiterating that he believed the arrest was related to “the work I was
doing with the Albany Times Union investigating local police.”
A city court judge in Albany last
week dismissed the charge, a misdemeanor, against Ms. Liu, after county
prosecutors concluded that the case should be dropped “in the interest of
justice.”
The order, by Judge Gary F.
Stiglmeier, outlined the reasons for the dismissal, including the lack of
witnesses “or other evidence of the defendant’s guilt,” other than the
testimony of the city detective who alleged the crime. That detective, Scott D.
Gavigan, had been working with the unit Mr. Port had helped investigate, and
was in the spa with Ms. Liu at the time of the sting.
Ms. Liu’s lawyer, Kevin A.
Luibrand, hailed the decision, which was made on July 28, as long overdue and
said that his client — a 56-year-old Chinese immigrant and grandmother with no
previous criminal record — had endured a cavity search during the arrest, and
“continued to experience significant distress as a result of the charges,”
including hindering her ability to find work.
In his legal filings and an
interview last week, Mr. Luibrand said there was no case against his client: No
“buy money” for the alleged sexual acts was found, nor had Detective Gavigan
produced a recording of the transaction he asserted had occurred. Mr. Luibrand
also said the police had at one point falsely suggested drug activity was
taking place at the spa.
“The overkill on this case was
profound,” he said.
Both Mr. Luibrand and Mr. Port
said they believed that the Albany police had arrested Ms. Liu, who always
asserted her innocence, because they mistook her for Mr. Port’s wife.
“They didn’t know one Chinese woman from
another,” Mr. Port said.
Steven A. Smith Jr., a spokesman
for the Albany Police Department, had no comment on the particulars of the
case, but suggested that it would approach such cases differently.
“If we had to take on one of
these operations in the future,” he said, “we would certainly weigh out our
investigatory options before making our decisions.”
A spokeswoman for David Soares,
the Albany County district attorney, said the decision to support the dismissal
came after evaluating the evidence and finding “significant proof problems.”
The drug unit that Mr. Port and
Brendan J. Lyons, a reporter, investigated was disbanded around the same time
as the raid at the Green Garden, according to Albany County Sheriff Craig
Apple. The raid also prompted an internal review. Sheriff Apple’s office did
not respond to requests for comment about the Green Garden case, the drug unit
or the findings of that internal investigation.
Mr. Luibrand said Ms. Liu, who
lives in Flushing, Queens, did not speak English fluently but was a longtime
aesthetician and was pleased that her name had been cleared. “She’s thrilled by
it, she’s happy,” he said.
Mr. Port, who left The Times
Union in 2013, said on Wednesday that his wife, who declined to be interviewed,
also felt relieved. He said that her business had expanded to four spas in the
capital region, with eight employees total.
Still, while he and Ms. Cheng
have tried to move on, Mr. Port said that the case had left him with even more
questions about law enforcement behavior.
“I think police need to behave
themselves,” he said. “And police need to be policed.”
Breaking News! Fairfax County Police to investigate Fairfax County Police!!!!!
Tomorrows breaking News: Fairfax county police investigated the fairfax county police and found nothing wrong!
Sharon "Show me the money Bulova comments "police problem? what police problem?'
Review examines Fairfax Co. police raid on Iraq veteran
By Dick Uliano
August 3, 2015 4:24 pm
WASHINGTON — Did Fairfax County police respond properly to a
potentially dangerous situation, or did they overreact?
An internal review is expected to be completed this week into the June
14 Fairfax County police action in which an Iraq War veteran woke up to find
three police officers standing in the bedroom of his Alexandria apartment.
Alex Horton was asleep in bed when police, with guns drawn, burst into
his bedroom. He claims they pointed guns at his head.
The police were summoned when neighbors spotted Horton in the complex’s
model apartment unit, unaware that building managers had temporarily moved him
there while repairs were being made to his apartment.
Police responded to a call of “unlawful entry.”
Brad Carrutters, president of Fairfax Fraternal Order of Police Lodge
77 — a police union, writes on a Facebook that “officers followed proper
protocols.”
He says police had no idea what they might face and “correctly used
their firearms to stabilize the situation,” he wrote on the social networking
site.
But writing in The Washington Post, Horton has criticized the police
action, branding it an example of a “troubling approach to law enforcement,
nationwide.” Horton says the entry with guns drawn raised the risk of injury or
death when the matter could have been resolved if police had checked with
building managers or building security.
As a member of the Army’s 3rd Stryker Brigade, 2nd Infantry Division,
Horton conducted raids in Iraq on the homes of high-value targets. He contends
that actions like those of Fairfax County Police June 14 “has caused public
trust in law enforcement to deteriorate.”
Fairfax County police have been conducting interviews in an internal
inquiry to determine the facts of the case. The report is expected to be
completed later this week and Police Chief Edwin Roessler is expected to
deliver a statement on the inquiry’s findings.
Follow @WTOP on Twitter and WTOP on Facebook.
In Iraq, I raided insurgents; at home, the police raided me
We learned in Iraq to talk with
people first, draw our weapons second
By Alex Horton
I got home from the bar and fell
into bed soon after Saturday night bled into Sunday morning. I didn’t wake up
until three police officers barged into my apartment, barking their presence at
my door. They sped down the hallway to my bedroom, their service pistols drawn
and leveled at me.
It was just past 9 a.m., and I
was still under the covers. The only visible target was my head.
In the shouting and commotion, I
felt an instant familiarity. I’d been here before. This was a raid.
I had done this a few dozen times
myself, 6,000 miles away from my Alexandria, Va., apartment. As an Army
infantryman in Iraq, I’d always been on the trigger side of the weapon. Now
that I was on the barrel side, I recalled basic training’s most important
firearm rule: Aim only at something you intend to kill.
I had conducted the same kind of
raid on suspected bombmakers and high-value insurgents. But the Fairfax County
officers in my apartment were aiming their weapons at a target whose rap sheet
consisted of parking tickets and an overdue library book.
I was terrified. Lying facedown,
I knew that any move I made could be viewed as a threat. Instinct told me to
get up and protect myself. Training told me that if I did, these officers would
shoot me dead.
In a panic, I asked the officers what
was going on but got no immediate answer. Their tactics were similar to the
ones I used to clear rooms during the height of guerilla warfare in Iraq. I
could almost admire it — their fluid sweep from the bedroom doorway to the
distant corner. They stayed clear of one another’s lines of fire in case they
needed to empty their Sig Sauer pistols into me.
They were well-trained. But I
knew that means little when adrenaline governs an imminent-danger scenario,
real or imagined. Triggers are pulled. Mistakes are made.
I spread my arms out to either
side. An officer jumped onto my bed and locked handcuffs onto my wrists. The
officers rolled me from side to side, searching my boxers for weapons, then
yanked me up to sit on the edge of the bed.
I was stunned. I searched my
memory for any incident that would justify a police raid. Then it clicked.
Earlier in the week, the managers
of my apartment complex had moved me to a model unit while a crew repaired a
leak in my dishwasher. But they hadn’t informed my temporary neighbors. So when
one resident noticed the door slightly cracked open to what he presumed was an
unoccupied apartment, he looked in, saw me sleeping and called the police to
report a squatter.
Sitting on the edge of the bed
dressed only in underwear, I laughed. The situation was ludicrous. My only
mistake had been failing to make sure the apartment door was completely closed
before I threw myself into bed the night before.
I told the officers to check my
driver’s license, nodding toward my khaki pants on the floor. It showed my
address at a unit in the same complex. As the fog of their chaotic entry
lifted, the officers realized it had been an error. They walked me into the
living room and removed the cuffs, though two continued to stand over me as the
third contacted management to confirm my story. Once they were satisfied, they
left.
When I later visited the police
station to gather details about what went wrong, I met the shift commander, Lt.
Erik Rhoads. I asked why his officers hadn’t contacted management before they
raided the apartment. Why did they classify the incident as a forced entry,
when the information they had suggested something innocuous? Why not evaluate
the situation before escalating it?
Lt. Rhoads defended the procedure.
It’s not standard to conduct investigations beforehand because that delays the
apprehension of suspects, he told me.
I noted that the officers could
have sought information from the apartment complex security guard that would
have resolved the matter, but he said, “It doesn’t matter whatsoever what was
said or not said at the security booth.”
This is where Lt. Rhoads is
wrong.
A weapons-first culture
We’ve seen this troubling
approach to law enforcement nationwide, in militarized police responses to nonviolent
protesters and in fatal police shootings of unarmed citizens. The culture that
encourages police officers to engage their weapons before gathering information
promotes the mind-set that nothing, including citizen safety, is more important
than officers’ personal security. That approach has caused public trust in law
enforcement to deteriorate.
It’s the same culture that
characterized the early phases of the Iraq war, in which I served a 15-month
tour in 2006 and 2007. Soldiers left their sprawling bases in armored vehicles,
leveling buildings with missile strikes and shooting up entire blocks during
gun battles with insurgents, only to return to their protected bases and do it
all again hours later.
The short-sighted notion that we
should always protect ourselves endangered us more in the long term. It was a
flawed strategy that could often create more insurgents than it stopped and
inspired some Iraqis to hate us rather than help us.
In one instance in Baghdad, a
stray round landed in a compound that our unit was building. An overzealous
officer decided that we were under attack and ordered machine guns and grenade
launchers to shoot at distant rooftops. A row of buildings caught fire, and we
left our compound on foot, seeking to capture any injured fighters by entering
structures choked with flames.
Instead, we found a man
frantically pulling his furniture out of his house. “Thank you for your
security!” he yelled in perfect English. He pointed to the billowing smoke.
“This is what you call security?”
We didn’t find any insurgents.
There weren’t any. But it was easy to imagine that we had created some in that
fire. Similarly, when U.S. police officers use excessive force to control
nonviolent citizens or respond to minor incidents, they lose supporters and
public trust.
That’s a problem, because law
enforcement officers need the cooperation of the communities they patrol to do
their jobs effectively. In the early stages of the war, the U.S. military
overlooked that reality as well. Leaders defined success as increasing military
hold on geographic terrain, while the human terrain was the real battle.
For example, when our platoon
entered Iraq’s volatile Diyala province in early 2007, children at a school
plugged their ears just before an IED exploded beneath one of our vehicles. The
kids knew what was coming, but they saw no reason to warn us. Instead, they
watched us drive right into the ambush. One of our men died and, in the
subsequent crossfire, several insurgents and children were killed. We saw Iraqis
cheering and dancing at the blast crater as we left the area hours later.
With the U.S. effort in Iraq
faltering, Gen. David Petraeus unveiled a new counterinsurgency strategy. He
believed that showing more restraint during gunfights would help foster Iraqis’
trust in U.S. forces and that forming better relationships with civilians would
improve our intelligence-gathering. We refined our warrior mentality — the one
that directed us to protect ourselves above all else — with a
community-building component.
My unit began to patrol on foot
almost exclusively, which was exceptionally more dangerous than staying inside
our armored vehicles. We relinquished much of our personal security by entering
dimly lit homes in insurgent strongholds. We didn’t know if the hand we would
shake at each door held a detonator to a suicide vest or a small glass of hot,
sugary tea.
But, as a result, we better
understood our environment and earned the allegiance of some people in it. The
benefits quickly became clear.
One day during that bloody
summer, insurgents loaded a car with hundreds of pounds of explosives and
parked it by a school. They knew we searched every building for hidden weapons
caches, and they waited for us to gather near the car. But as we turned the
corner toward the school, several Iraqis told us about the danger. We evacuated
civilians from the area and called in a helicopter gunship to fire at the
vehicle.
The resulting explosion
pulverized half the building and blasted the car’s engine block through two
cement walls. Shrapnel dropped like jagged hail as far as a quarter-mile away.
If we had not risked our safety
by patrolling the neighborhood on foot, trusting our sources and gathering
intelligence, it would have been a massacre. But no one was hurt in the blast.
Reform police training
Domestic police forces would
benefit from a similar change in strategy. Instead of relying on aggression,
they should rely more on relationships. Rather than responding to a squatter
call with guns raised, they should knock on the door and extend a hand. But
unfortunately, my encounter with officers is just one in a stream of recent
examples of police placing their own safety ahead of those they’re sworn to
serve and protect.
Lt. Rhoads, the Fairfax County
police officer, was upfront about this mind-set. He explained that it was
standard procedure to point guns at suspects in many cases to protect the lives
of police officers.
Their firearm rules were
different from mine; they aimed not to kill but to intimidate. Those rules are
established in police training, which often emphasizes a violent response over
deescalation. Recruits spend an average of eight hours learning how to
neutralize tense situations; they spend more than seven times as many hours at
the weapons range.
Of course, officers’ safety is
vital, and they’re entitled to defend themselves and the communities they
serve. But they’re failing to see the connection between their aggressive
postures and the hostility they’ve encountered in Ferguson, Mo.; Baltimore and
other communities.
When you level assault rifles at
protesters, you create animosity. When you kill an unarmed man on his own
property while his hands are raised — as Fairfax County police did in 2013 —
you sow distrust. And when you threaten to Taser a woman during a routine
traffic stop (as happened to 28-year-old Sandra Bland, who died in a Texas jail
last month), you cultivate a fear of police. This makes policing more dangerous
for everyone.
I understood the risks of war
when I enlisted as an infantryman. Police officers should understand the risks
in their jobs when they enroll in the academy. That means knowing that personal
safety can’t always come first. That is why it’s service. That’s why it’s
sacrifice.
Alex Horton, a member of the
Defense Council at the Truman National Security Project, served as an
infantryman in Iraq with the Army’s 3rd Stryker Brigade, 2nd Infantry Division.
He wrote this for The Washington Post.
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