National Police Misconduct Reporting Project

Worst of the Month — November 2014

The worst police misconduct in November goes to the Cleveland Police Department.

To begin with, in late November, a Cleveland officer shot and killed 12-year old Tamir Rice.

The press reports based on the police accounts at the time of the incident read:

A rookie Cleveland police officer shot a 12-year-old boy outside a city recreation center late Saturday afternoon after the boy pulled a BB gun from his waistband, police said.

Police were responding to reports of a male with a gun outside Cudell Recreation Center at Detroit Avenue and West Boulevard about 3:30 p.m., Deputy Chief of Field Operations Ed Tomba said.

A rookie officer and a 10-15 year veteran pulled into the parking lot and saw a few people sitting underneath a pavilion next to the center. The rookie officer saw a black gun sitting on the table, and he saw the boy pick up the gun and put it in his waistband, Cleveland Police Patrolmen’s Association President Jeffrey Follmer said.

The officer got out of the car and told the boy to put his hands up. The boy reached into his waistband, pulled out the gun and the rookie officer fired two shots, Tomba said.

As detailed in this video report by MSNBC’s Chris Hayes, the initial reports by the police do not jibe with video evidence in several major respects.

The video shows Rice, alone, playing with his toy gun and also with the snow, as 12 year olds are wont to do. He was not, as the police said, with “a few people” in the pavilion. Other police reports to the press said the shooting officer got out of his car and told Rice three times to put his hands up. The video, unfortunately without audio and recording at the speed of two frames per second, shows the officer shooting Rice within 1.5-2 seconds after exiting the police vehicle.

The officers also waited several minutes before administering CPR to the fallen boy.

The original call that drew the police to the park in the first place said the person with the gun in the park was likely a minor and likely was a toy gun. Apparently, this information was not relayed to the responding officers, who called-in the shooting victim as “possibly 20” years old.

The officer who shot Rice “was specifically faulted for breaking down emotionally while handling a live gun” according to subsequent reporting. The internal memo that informed the report concluded that the officer be “released from the employment of the City of Independence [,Ohio].”

And here’s the thing: The Cleveland Police hired the officer without checking his personnel file from his previous law enforcement job, where he was deemed unfit!

The Department of Justice took a close look at the Cleveland Department and issued a highly critical report:

The Justice Department report on Cleveland cataloged many instances of unjustified force, including officers who assaulted, pepper-sprayed and even Tasered people already being restrained. In one case last year, the police fired two shots at a man wearing only boxer shorts who was fleeing from two armed assailants. In a 2011 case, a man who had been restrained on the ground with his arms and legs spread was then kicked by officers. He was later treated for a broken bone in his face.

The city’s policing problems, [Attorney General] Holder said, stemmed from “systemic deficiencies, including insufficient accountability, inadequate training and equipment, ineffective policies and inadequate engagement with the community.”

Worst of the Month — October 2014

The worst police misconduct of October goes to the officers who shot David Hooks in his own home during a drug raid based on an invalid warrant and the tip of an informant who was allegedly high on meth. The informant, Rodney Garrett, had just stolen a vehicle from the Hooks’ home when he was either or arrested or turned himself into the police (reports vary). Garrett told police that the 20g bag of meth he had had been stolen from Hooks’ pickup truck. That same night, the Laurens county drug unit pushed through a warrant based primarily on Garrett’s word, and at 10:55 p.m. executed a no-knock warrant despite the fact that the warrant did not authorize one—at a home that the police knew had just previously been burglarized two nights earlier.

Hooks’ wife Teresa saw armed, hooded figures in black rushing towards the back door and woke her husband, thinking the burglars had returned. David got his gun, and when the SWAT team knocked in the back door without announcing their presence, he didn’t even have the opportunity to get a shot off before officers fired between 16 and 18 rounds, killing him. Some of the rounds were shot blindly through a wall at Hooks, without regard for whom or what they were firing at and killing.

As you might expect from a search warrant based almost entirely on the tip of a meth addict who may or may not have been high when giving it, a 44-hour search of the Hooks home produced absolutely no contraband whatsoever. David Hooks was a successful businessman who ran a construction business that contracted with the U.S. government. He had passed numerous security clearances and background checks, but on the word of a thief and meth addict, he was reduced to just another casualty in the war on drugs.

Worst of the Month — September 2014

The worst misconduct of September goes to the still-unnamed police officer who shot John Geer last year and the police and federal investigators who have refused to release any information on the case a year after the shooting. Fairfax County police officers responded to a call from Geer’s longtime girlfriend who called 911 because Geer had been drinking and throwing her possessions into the lawn after she told him she was moving out. When officers arrived, they trained their weapons at Geer as they spoke with him in the doorway of his home for almost fifty minutes. Friends and family gathered to watch the situation. One of Geer’s daughters shouted from a neighbor’s home “Don’t you hurt my daddy!” Geer had been speaking calmly and holding his arms above his head, resting them on the doorframe from within, but when he moved his hands down the doorframe to about face-level, one of the officers abruptly fired a shot directly into Geer’s chest, as his best friend, father, and neighbors watched. Geer spun and closed the door before collapsing. The officers then waited an hour while Geer bled to death before sending in assistance. Over four hours later, Geer’s body was still left lying on the floor of his home.

Things haven’t been handled much better in the year since the shooting. Geer’s family and friends still don’t even know the name of the shooting officer—who has been on paid desk duty since—whether the shooting was declared justified or not, or why trained negotiators were not called. State and federal investigators have taken no substantial public action on the case, and the family, which exhibited incredible patience for the better part of a year, has finally had to resort to a lawsuit.

The refusal of the police to disclose even the name of the officer who shot and killed an unarmed man is just another example of the same troubling lack of transparency that we saw in the shooting of Michael Brown in Ferguson. Police officers are human, and yes they make mistakes, but what possible excuse is there for circling the wagons and denying the public—and worse, the victims’ family and friends—the right to know what their public servants have done and which of them needs to be to held accountable? The resulting feeling among those affected, as Geer’s father described it, is “Frustrating to say the least—not knowing anything and having a feeling of helplessness, sadness, anger. Just wondering what’s going on and why nobody would tell us anything.” This is a case of one man shooting another unarmed man in the chest in front of dozens of witnesses. No complication can justify forcing that feeling of helplessness and anger on John Geer’s friends and family for over a year.

Worst of the Month — August 2014

So the worst police misconduct for the month of August goes, unsurprisingly, to the Ferguson police. As the events in Ferguson played out during August, the police department there put on a clinic on how not to police a community.  From the withholding of Darren Wilson’s name (He was the officer who shot Michael Brown six times), to brandishing weapons of war against a community expressing its anger and mourning through protest, and blatantly targeting journalists for arrest and assault, the events in Ferguson have shown just how disastrous poor policing can be to a community.  If there is any silver lining to the situation, it is that people across the country have been presented with a good look at the consequences of when police misconduct goes unchecked and bad policies, like militarizing local police forces, are allowed to continue.  Things were bad enough in Ferguson for them to collectively qualify as the worst police misconduct of August, but the situation will be much worse if the lessons of Ferguson are not learned and the mistakes not corrected in the future—and not just in Ferguson, but in similar towns around the country.

Next week, Cato will be hosting two events related to Ferguson.  More info here and here.

For additional Ferguson-related posts, go here, here, here, and here.

____________________________________________________________________

Finally, a not-so-‘honorable mention’ goes to the Denver police officer who tried to get out of his DUI arrest by telling the arresting officer “Bro, I’m a cop.” That he would even attempt this tactic tells us something about the police subculture–where too many law enforcement officers believe that they are above the law.  They aren’t, and the arresting officer did the right thing by getting a dangerous drunk driver off the streets—cop or not.

Worst of the Month — July 2014

The worst police misconduct of July was the case of Eric Garner, who was killed by New York City police officers using a banned chokehold maneuver. A cell phone video of the incident shows Garner (who stood at least 6’3” and 350+ lbs.) arguing with police officers in an agitated state, then pulling back when officers tried to arrest him. Almost immediately, one of the officers started using an illegal chokehold maneuver to subdue Garner, at which point the 350+ pound asthmatic can be heard saying “I can’t breathe” repeatedly.  Garner was pronounced dead a short time later.  The medical examiner has ruled the death a homicide.

Garner was accused of and being arrested for selling single, untaxed cigarettes on the street corner.

Chokeholds have been banned since 1994 because they were determined to be too dangerous. Every officer and recruit is trained not to use them.  In response to the incident, NYC Police Commissioner Bill Bratton has ordered a top-to-bottom review of use of force training methods, with retraining programs likely to follow. It’s a good step, but it won’t do Eric Garner and his six children any good.

___________________________________________________________

The sexting case from Virginia is too awful and bizarre not to include as a “runner up.”

Recall that 17-year old Trey Sims had been arrested for allegedly sending a video of his erect penis to his girlfriend, also a minor. Prince William County prosecutors charged the teen with two felony charges: for possession of child pornography and manufacturing child pornography. These charges could have landed him in jail until he reached 21 years of age and then put him on the sex offender list, potentially for the remainder of his life. All for ‘sexting’ his girlfriend.

If it wasn’t bad enough already that prosecutors were willing to go forward with such drastic charges—and ones intended to protect children like Trey from adult predators—it gets worse. Manassas city police had already forcibly taken pictures of the teen’s penis when he was arrested, but that, apparently, wasn’t enough. Commonwealth’s attorney Claiborne Richardson told the teen’s lawyer that he either had to plead guilty or they would obtain a search warrant for pictures of his erect penis—which would be obtained by bringing the teen to a hospital and forcing him to take an erection-inducing drug while police officers took pictures of his forcibly-erect penis. Apparently, special software would then be used to compare the penises. When he did not plead guilty, substitute Juvenile Court Judge Jan Roltsch-Anoll granted the search warrant.  Thankfully, it was never actually served.

When word got out about what was happening, the government agents backed off a bit.  Sims just recently agreed to a year of probation to avoid the more serious charges.

 

 

Worst of the Month — June 2014

Earning worst of the month for June is police officer Ronald Harris.   Recall that he attempted to rob a woman at Memphis International Airport.  But this was an extraordinary theft.  Harris was trying to steal a bag from an employee of St. Jude Children’s Hospital who was, in turn, delivering the bag to a family. The bag was a gift from the Make-A-Wish Foundation—the organization that grants wishes to terminally-ill children.  The bag held several St. Jude t-shirts and a $1500 credit card for the family to use for travel.  Harris followed the St. Jude employee into the airport and then struck a member of the family who tried to stop him from stealing their wish away.  Harris has been suspended pending an investigation and faces a long list of charges. Police misconduct is never good, but plotting to steal the wish from a terminally-ill child and their family is just really low.

Full story here.

Worst of the Month — May 2014

Our choice for May was not difficult–the Georgia police officers who threw a flashbang grenade into an infant’s crib after ramming the door open to look for a drug dealer.  The officers were executing a no-knock warrant when they threw the flashbang grenade through the cracked door without looking or knowing who was inside the room.  The grenade (sometimes the government uses the euphemism “distraction device”) landed on the 19-month-old’s pillow and exploded, causing severe burns to his face and chest.  The child and his relatives, who were also sleeping in the converted garage room, were temporary visitors in the home because theirs had recently burned down.  The person the police were looking for was not there.  Hmm.

The officers involved expressed regret, and said that they had no idea there was a child present and that if they had, they would have done things differently.  The police chief said the incident is going to make them “double question” next time.  Hmm.  First, why would anyone not already “double question” before blindly tossing a grenade into a room?  Second, is the indication that a child is present really the only reason not to go full-Rambo on a house where human beings live?  Think about it.  Even if the police had solid proof that an adult was selling marijuana, meth, or cocaine from his home, is a flash bang grenade on his pillow a legit police tactic?  A legit risk?

Cases like this one not only underscore the brutal collateral damage of the drug war, but also the lack of adequate oversight over police raids like this one.   Yes, there will be a lawsuit, but that’s an insufficient response.

Check out the Cato raid map for more police raids that went awry.

Two Year Anniversary

It’s now been two years since we launched policemisconduct.net — so here’s a brief update on our efforts.   We still consider the project a work-in-progress.   We’re pleased with what we have thus far produced and with the steadily increasing queries we receive from academics, university students, reporters, local activists, lawyers, and victims of police misconduct.  We also know that we are not catching all of the misconduct stories out there (much less the actual number of (the unreported) misconduct incidents).  Thanks to folks who send us stories–especially those who do it on a regular basis!  We will keep working to improve our reporting.

A simple and easy way you can help us out is to spread the word about our web site with social media.  So if you haven’t blasted one of our stories/posts to all of your friends lately, now would be good time to do so.   Thanks for your support.

Worst of the Month — April 2014

The worst misconduct for the month of April is the story of the five Chicago police officers who each took the witness stand to testify about how evidence was obtained in connection with a drug case. Each officer got up on the witness stand and told the same story, but not one of them was telling the truth.  Video evidence offered by the defense contradicted the coordinated falsehood that the police agents offered up.  This practice (called “testilying” by some) is  a serious flaw in the U.S. justice system.  Every now and then, like here, the veil is pulled back—this time thanks to video evidence.   Was this the very first time that these officers committed perjury?  How many cases like this are out there?