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Listening in to an emergency meeting of the D.C. Police Reform Commission this evening. They'll be hearing from Chief Peter Newsham regarding the police killing of 18-year-old Deon Kay earlier this week.
You can watch along here: https://www.facebook.com/DCPoliceReformCommission/videos/738346350102274
You can watch along here: https://www.facebook.com/DCPoliceReformCommission/videos/738346350102274
(Interim Deputy Mayor for Public Safety Roger Mitchell is also in the meeting.)
Commission is calling for an independent "administrative inquiry that would determine if there were any violations in policy or law" separate from a criminal investigation, per Christy Lopez.
Commission is calling for an independent "administrative inquiry that would determine if there were any violations in policy or law" separate from a criminal investigation, per Christy Lopez.
An independent investigation "would give people a greater confidence that they could trust the outcome of this...just given the realities of the current climate," says Lopez.
The commission would not undertake the investigation itself.
The commission would not undertake the investigation itself.
Newsham is now offering a presentation to "walk you quickly through how we got to where we are" with use of force, he says. He'll "touch on" the shooting of Deon Kay, and also talk about the state of gun crime in the District, at the end of the presentation.
We're starting with 1998/1999, and a WaPo report on MPD's use of force practices, which led to a DOJ investigation, a memorandum of understanding to reform the department's use of force practices.
I screenshotted the slides, which I'll share in a bit.
I screenshotted the slides, which I'll share in a bit.
Now we're on to how the criminal investigation unfolds into a police shooting.
After the USAO has conducted a thorough review and determined whether or not they'll prosecute the case, there are three options, per Newsham: prosecute the case; decide against it; or grand jury
After the USAO has conducted a thorough review and determined whether or not they'll prosecute the case, there are three options, per Newsham: prosecute the case; decide against it; or grand jury
Newsham says the department has 180 days to complete the internal administrative investigation of Deon Kay's killing. Then the use-of-force review board looks at the results.
One change from the emergency police reform legislation that passed earlier this summer: there are some new people on that board, other than representatives of the office of police complaints and the police union.
Before MPD can fire an officer following an investigation, they have to go through what Newsham is describing as a quasi-trial and appeals process before the department can fire them.
Btw the Zoom chat in this webinar is something!
Newsham is now describing the video of the shooting of Deon Kay, and the police narrative of what happened.
I'm not going to tweet out these details. They are available in a lot of ways, including here: https://wamu.org/story/20/09/03/d-c-police-release-body-camera-footage-showing-fatal-shooting-of-18-year-old-deon-kay-in-southeast/
I'm not going to tweet out these details. They are available in a lot of ways, including here: https://wamu.org/story/20/09/03/d-c-police-release-body-camera-footage-showing-fatal-shooting-of-18-year-old-deon-kay-in-southeast/
Newsham said there are other avenues for the investigation: the person who fled the scene, private video of the incident, witnesses from the nearby apartment buildings.
"We are a long way away" from being able to determine if the shooting was "justified," Newsham says.
"We are a long way away" from being able to determine if the shooting was "justified," Newsham says.
Seems like a good moment to quote from the statement from Black Lives Matter D.C.:
“Don’t be fooled — Deon was a child, barely 18, hunted and gunned down through the deeply woven slave-catching tactics cops have been using since the birth of policing in America.”
“Don’t be fooled — Deon was a child, barely 18, hunted and gunned down through the deeply woven slave-catching tactics cops have been using since the birth of policing in America.”
Now we're on to questions from the commission.
"You've been focusing on whether it was legal, not whether it was necessary at all," says Patrice Sulton. "I still don't understand why this escalated."
Notes that they've not released body cam footage from other officers
"You've been focusing on whether it was legal, not whether it was necessary at all," says Patrice Sulton. "I still don't understand why this escalated."
Notes that they've not released body cam footage from other officers
"We expedited the release of the body worn camera footage. That was because we were concerned that the anger was resulting from the misinformation [online] would result in someone getting hurt," says Newsham.
Does not respond to question about whether this was avoidable at all
Does not respond to question about whether this was avoidable at all
"People want to know why this happened in the first place, and how we can keep it from happening again," says Sulton.
"Why have you not released the BWC footage of the other officers on the scene?"
"Why have you not released the BWC footage of the other officers on the scene?"
Tense exchange. Newsham says he doesn't have the authority to release the other camera footage. Sulton says he does.
Dep Mayor Mitchell says Bowser will release the footage "if the investigation requires it."
Dep Mayor Mitchell says Bowser will release the footage "if the investigation requires it."
Sulton asks if the Mayor's office will release additional body worn camera footage to the commission under an NDA. Mitchell says he'll have to check with his counsel.
"I can't make that promise to you or this body now."
"I can't make that promise to you or this body now."
Commission member George Lambert: "you mentioned in the conference that Deon Kay was known to the police department. Was he known to the officer who did the shooting?"
Newsham says yes, he was known to the officer who shot him.
Newsham says yes, he was known to the officer who shot him.
Mignon Smith is asking about the 98-ft distance where the weapon was found after the shooting. Asks if it's normal for someone to throw that far in such a situation.
Newsham: "Your question is a good one," says investigators will want to follow up on it
Newsham: "Your question is a good one," says investigators will want to follow up on it
Tina Frundt asks if Newsham will release disciplinary records of the officer who shot Deon Kay.
Newsham says he'll talk to the lawyers.
Newsham says he'll talk to the lawyers.
"I know I'm not the only one that's baffled by 98 feet," says Corwin Knight. "This has to be somebody pretty strong with a pitcher's arm to throw this gun this far. It's important that we look at the other body cam footage so we can see the other angles."
"I wish we could release everything right now," Mitchell says. "But we have an investigation that needs to happen."
Basically all of it is up to legal counsel. All this is a matter of precedent, too, since the commission itself is so new.
Basically all of it is up to legal counsel. All this is a matter of precedent, too, since the commission itself is so new.
"What is required to be released has been released," Mitchell says.
Commissioner Shakir is asking to see the DC Code and rules that prevent Newsham from releasing rest of the footage. Wants to clarify whether Chief is prohibited from releasing it, or if it's discretionary
Commissioner Shakir is asking to see the DC Code and rules that prevent Newsham from releasing rest of the footage. Wants to clarify whether Chief is prohibited from releasing it, or if it's discretionary
Samantha Davis: "We're talking about discretion, transparency, these protocols."
"We're requesting we get a response by our next public meeting," on the additional body camera footage.
"We're requesting we get a response by our next public meeting," on the additional body camera footage.
(That meeting is Sept 14).
Davis also notes that the problem, in the past, has been discretion -- which is why body camera footage for previous police shootings in the District has taken years to be released.
Davis also notes that the problem, in the past, has been discretion -- which is why body camera footage for previous police shootings in the District has taken years to be released.
Davis raises a concern that MPD has indicated that Kay had a juvenile record, suggesting it's part of a strategy to vilify Kay.
"That information is covered under the confidentiality law...curious if there was a process to release the juvenile records."
"That information is covered under the confidentiality law...curious if there was a process to release the juvenile records."
Newsham: "I don't recall talking specifically about Deon Kay's juvenile record. The fact that he was an adult-validated gang member I did say."
Davis: "He's only been an adult for 3 weeks."
Davis: "He's only been an adult for 3 weeks."
Newsham says he understands why community members are angry.
Lots going on in the Zoom chat.
Patrice Sulton, who's on the commission, wrote: "Please stop calling everyone angry. He called the family angry, the protestors angry, and this body angry."
Lots going on in the Zoom chat.
Patrice Sulton, who's on the commission, wrote: "Please stop calling everyone angry. He called the family angry, the protestors angry, and this body angry."
Naike Savain: "Your attempts to vilify and adultify Deon Kay makes all Black children less safe."
Asks if the officers were part of the Gun Recovery Unit.
Newsham: no, these were patrol officers.
Asks if the officers were part of the Gun Recovery Unit.
Newsham: no, these were patrol officers.
Pastor Delonte Gholston wants to know if Deon Kay's family knew the footage was going to be released, given the depth of trauma they've been through.
In past, that hasn't been the case. https://dcist.com/story/20/08/13/families-say-dc-flouted-new-law-while-releasing-body-camera-footage-of-police-killings/
In past, that hasn't been the case. https://dcist.com/story/20/08/13/families-say-dc-flouted-new-law-while-releasing-body-camera-footage-of-police-killings/
Newsham says Kay's family saw the video.
Also, uses the opportunity to say the new 5-day window for release of BWC footage places an "inordinate amount of stress" on families who have lost a loved one.
Also, uses the opportunity to say the new 5-day window for release of BWC footage places an "inordinate amount of stress" on families who have lost a loved one.
Mitchell says Deon Kay's family had previous touchpoints with what sounds like (?) social service workers in the District, who helped facilitate his mother seeing the video before it was posted to the public.
Gholston notes families in past have not been notified of release.
Gholston notes families in past have not been notified of release.
"I'm concerned about review of tactics that officers use when they show up in a situation," Gholston says. "The two things officers are taught is to buy yourself time and create as much space in a situation."
Says the Deon Kay shooting reminds him of Tamir Rice.
Says the Deon Kay shooting reminds him of Tamir Rice.
"When officers get this call, what are things that can be done to create time, to create space? Once you pull up on somebody, someone flees -- we're all afraid of the police, so of course we're gonna run -- I don't see evidence there was time or space given," Gholston.
Newsham: use of force review board will look at the tactical approach by the officers. Notes again that the board has been expanded by recent legislation.
Tina Frundt: goes back to question of gangs vs. crews. Presses Newsham on his language about Kay being a gang member.
Newsham says Kay's group used "gang" in its name -- but Frundt's point is that calling a group "gang" doesn't make it meet the actual definition of a gang.
Newsham says Kay's group used "gang" in its name -- but Frundt's point is that calling a group "gang" doesn't make it meet the actual definition of a gang.
Zoom chat is getting into it on the gang terminology debate.
Davis: "To be clear. Whether Deon was in a gang or a crew ... it does not justify MPD murdering him."
Davis: "To be clear. Whether Deon was in a gang or a crew ... it does not justify MPD murdering him."
Meeting is beginning to wrap up.
"I think you've gotten a good feel from the types of questions you're going to get. This commission is going to be interested in what the rules and laws are, but our whole mission is what should they be," co-chair Christy Lopez says.
"I think you've gotten a good feel from the types of questions you're going to get. This commission is going to be interested in what the rules and laws are, but our whole mission is what should they be," co-chair Christy Lopez says.
So, to review: the commission is asking for answers on a few important points before their next meeting, Sept 14:
- access to the body cam footage from other officers on the scene
- access to disciplinary records of Officer Alvarez, who shot Deon Kay
- access to the body cam footage from other officers on the scene
- access to disciplinary records of Officer Alvarez, who shot Deon Kay
And, finally:
- more information about the legal questions around those two things, especially additional body cam footage, in response to Newsham's claims that his hands are tied in providing the information.
- more information about the legal questions around those two things, especially additional body cam footage, in response to Newsham's claims that his hands are tied in providing the information.
Naike Savain wants to know if there was a reason to believe in this situation that the gun was going to be used -- what the emergency was. Why couldn't officers not visit him in some other moment, with less urgency, to try to get the gun off the street?
Newsham doesn't respond to whether there was some kind of emergency or urgency, beyond the fact that there was a gun.
Davis to Dep Mayor Mitchell: Says in 2015-2018 use of force complaints have doubled.
"At what point does the executive intend to review not just MPD, not just Deon Kay's case, but also whether or not Chief Newsham is fit for this position?"
"At what point does the executive intend to review not just MPD, not just Deon Kay's case, but also whether or not Chief Newsham is fit for this position?"
Mitchell says Bowser has been very clear that Newsham is her chief of police, and has no intention to change that.
Says he believes the creation of the commission and the new additions to the use of force review board are positive developments in improving policing.
Says he believes the creation of the commission and the new additions to the use of force review board are positive developments in improving policing.
"I believe that violence, whether it's police-involved or not, those are symptoms of the larger system of inequity," Mitchell says, "specifically structural and institutional racism."
Notes that access to education, health, environmental justice also part of the equation.
Notes that access to education, health, environmental justice also part of the equation.
LaShunda Hill clarifies: Was there a 911 call?
Newsham: "I don't believe that there was."
Newsham: "I don't believe that there was."
Savain to Mitchell, responding to his thoughts about access to social services: "If you are looking for a place to get money to invest in all of those other resources, I suggest you start [with the police]."
Mitchell says he isn't in favor of defunding the police.
Mitchell says he isn't in favor of defunding the police.
"Addressing the issue of institutional racism as part of your platform - it's housing, all these other issues - but in communities, the institution of policing plays a significant role in how a community views institutionalized racism," co-chair Robert Bobb says.
By the way, the Zoom chat continues to be very active!
Bobb, wrapping up, notes that the commission has put out an RFP for consultants to help with the commission's work.
Next meeting is set for September 14th, once again.
Next meeting is set for September 14th, once again.
Finally: I'll share the slides Newsham shared, discussing MPD's history of use of force.
They provide a timeline -- MPD's timeline -- of previous reform efforts. And as you know from making it this far into this thread, plenty of people criticize the efficacy of those efforts.
They provide a timeline -- MPD's timeline -- of previous reform efforts. And as you know from making it this far into this thread, plenty of people criticize the efficacy of those efforts.
More:
And more, specifically about MPD's process for investigating use of force & how complicated it is to fire an officer following a use of force. In the meeting, Newsham basically described it as a trial of sorts, complete with legal counsel for the officer and the department.
