Police officer blasts more investigation of pepper spray incident
CHAMPAIGN -- A three-week hiatus surely did not ease tensions between city officials and police officers, one of whom told the city council on Tuesday night that their consideration of an independent investigation of a summer arrest is a "witch hunt."
In recent weeks, the city's police union has chastised city officials, particular City Manager Steve Carter and Mayor Don Gerard, for not supporting the police department.
Carter, who is not an elected official, has remained relatively silent after the reprimands from the police department, which have come in both spoken and written form. But the elected city council members have been vocal in his defense.
Much of the dissension has followed the public reception of a leaked video of a June 5 arrest, in which Champaign police officer Patrick Simons apparently stops then-19-year-old Brandon Ward for jaywalking. Simons pepper sprays Ward, and the tactic has drawn both scrutiny and defense from community members who have interpreted the video differently.
The Champaign Police Department, Illinois State Police and the FBI have all reviewed the arrest, and all have cleared the officer for his actions. But city officials have said the investigations were not thorough, and the situation needs further review from an independent expert.
The city council is now considering spending between $60,000 and $100,000 on such an investigation of the arrest and the department's use of force policy.
Champaign police officer Art Miller told the council on Tuesday that the request is a "witch hunt."
"To continue pursuing an outside review of this incident and the CPD use of force policy is a colossal misuse of taxpayer money," Miller said.
In December, a police union representative likened the situation to a political war, like Vietnam. That union representative told Carter that "this is your Vietnam."
Carter is a Vietnam veteran, and the statement drew the ire of some city council members.
On Tuesday, Miller thanked Carter for his service in the Vietnam War, but said the city should drop the scrutiny of the Ward arrest.
"When I chose to answer the call to be a police officer, I knew there would be a segment of the community that despised me for what I stand for," Miller said. "But never did I would think I would face such scorn from the officials of the city I work for."
Mayor Don Gerard said it has become "tiresome" to hear that the arrest has already been investigated three times and that a fourth would be overkill. The first three reviews, he argued, were incomplete.
"It has been investigated zero times," Gerard said. "We've stated this time and time again, we would like to have an actual investigation."
He also refuted claims that he does not support the police department. He repeatedly has gone on the record praising police officers, he said.
"It's ridiculous and it's nonsense," Gerard said. "We do constantly. Turn on your radio. Read the newspaper."
The war of words has not been uncommon at city council meetings lately. After Gerard made his remarks, Miller said he had little further comment.
"He has his opinion. I have my opinion," Miller said. "That's the beauty of our country."
More"Mayor Don Gerard said it has become "tiresome" to hear that the arrest has already been investigated three times and that a fourth would be overkill. The first three reviews, he argued, were incomplete."
Well good, Donny, have you ever considered that it's becoming tiresome hearing YOU say that the studies were incomplete? Hint: it is. What does "complete" mean? That you agree with the results?
Further, I don't want any more of MY money spent on this dead issue, so if Donny boy wants to spend $100k on an independent investigation and the results are the same, I want his pay docked to cover the redundant and frivolous costs. It's OUR money, Donny, not yours.
What specifically would you like, Don? Graphs, pictures, maybe a pie chart? Maybe someone could spend 20 grand constructing a computer generated movie of the event, like they do for traffic crashes.
What's that, you say? There's video of it ?!? Why doesn't someone just look at the video and make a determination based on CPD's use of force policy. What, that's already happened THREE times?!?
Seriously though, Don. You're just making yourself look foolish by continuing to pursue this. If anything, it makes it seem as though you don't understand police work. And that is understandable, considering you are not a police officer. But when three agencies (two of which are quite independant of CPD) come back rather quickly and tell you that there was no violation of policy or civil rights, you should take the hint. It's on video. It's not like there are dozens of people to locate and interview. You seem to be mad that they were so quick to make a ruling. It might not look good, it might not be politically popular, but they are not politicians.
Mr. Mayor-
You went to Sgt. Friedleins retirement today. he was part of the reduction in force that you voted for. The front desk closes in 2 weeks. Part of your administration. You spend 40k tonight on water gages for the boneyard and the copper slough? Can I just take a yard stick out there and tell you how deep the water is? You have consitantly sided with the criminals ( yes you mr. miller) and refuse to back the police. Give me ONE statement in the NG that you have publically come out backing the officers in the job that they do? How about the MPM shooting. Still have not come out with that. How about the effort that they did over christmas with the christmas baskets? Nothing on that either by Council.
You have been played by the community activists. Of course seeing whom your ex girl friend is, I can see why you would side with them rather than the hard working men and women at CPD.
Mayor Gerard's actions speak louder than his hollow words. He has been on a witch hunt against the police and fire department. He has been trying to put down dissent and free speech of both fire departments and police departments not to mention the citizens of Champaign. I am sorry Mr. Mayor that you are tired of the dissent. Get used to it or stop viewing Newsgazette/Facebook/Twitter because you will find it. Very rocky first year so far. Too bad we don't have recall for the city officials.
It is time for Steve Carter to retire. He has the support of neither department at this time and will make for a difficult if not impossible contract negotiations with the respective departments union. Citizens are wondering why we need a $17x,xxx employee and a staff that should be cut back to 1999 staffing levels. Not sure what Gerard and the rest of the city council see in him at this point but it appears he is resting on his laurels of the past. What have you done for us lately Mr. Carter? Divided the city, upset a bulk of city employees and a great number of citizens of Champaign. Time for him to move on.
Well,...lets see,...Mr. Mayor does not support the Police or Fire Department. Get over yourself!
The Deputy Mayor, Tom Bruno, is a defense attorney and defends the scum of our community!
The City Manager, Steve Carter, is the puppetmaster of City managment in order to make himself look competent at his job. Not working!
And, how about the rest of the Champaign City Council.....wake up and support the fine city employees that make the city a city to be proud of!
My, my, my, look at all the whining about a fourth investigation! Maybe the FOP's got something to hide?
Let's see, what still needs to be investigated? Let's go to video tape, shall we?:
1) why did Simons throw on his camera at University and Fourth? What was the nature of the call from METCAD? (a fight involving who?)
2) What was Simons' comment at 4:57 on the tape, "All these white kids are affiliated with them" all about?
3) Why did Simons go the wrong way on Healy in a non-emergency situation at 6:22 on the tape?
4) Why didn't Simons enforce the jaywalking law against the white male seen jaywalking at 6:29 on the tape?
5) Why didn't Simons enforce the jaywalking law against the white male staggering out in the street at 8:09 on the tape, and the jaywalker in the distance by the Pizza Hut at 8:13 on the tape?
6) Why are the two on-foot officers following the black pedestrians in the first place? What was the conversation about? What was Simons' understanding of the conversation?
7) Why did the two on-foot officers decide to just let the black pedestrians go?
8) Why did Simons' choose to keep following them?
9) Why did Simons choose to ignore the bicyclist driving without a headlight at 10:51 on the tape?
10) Why did Simons drive his squad car in a hostile and provoking manner directly at the pedestrians who were crossing against the light? Is that standard procedure to enforce a jaywalking incident, drive the squad car at pedestrians? Is it really necessary to leave the squad car in the middle of the intersection, blocking traffic for a jaywalking offense?
11) Why did Simons believe this jaywalking demanded to be a top enforcement priority when he had let similar offenses go overlooked earlier on his route through campus?
12) Why did Simons decide to carry a crowd-control size cannister of pepper spray to a jaywalking incident? Is that standard procedure for jaywalking enforcement, to have a huge can of pepper spray at the ready as a show of force?
13) Are the laws ILCS 625 5/11-307, Disobeying a Pedestrian-Control Signal, and ILCS 625 5/11-203, disobeying the orders of an officer authorized to regulate traffic Class P offenses, that is petty offenses, maximum penalty of a fine of $150, and no arrest required? WHY DID SIMONS GO HANDS ON THEN FOR OFFENSES THAT DO NOT REQUIRE AN ARREST?
14) How is a verbal protest, and using your hands to gesture while you speak, (while keeping the free arm on the hood of the car) a threat to officer safety? How did the kid's actions require a spray from less than 3 feet? Is that size of cannister meant for spraying at that close of range?
15) Why did Simons spray the other people around who reacted in horror/dismay over Simons' violence?
16) Why did Officer Brian Aschell slam the kid's face against the hood of the squad car AFTER he was handcuffed at 11:53 on the tape? How is a handcuffed subject, leaning over a squad car a threat to Officer Aschell's safety?
17) How has any of the actions taken by the officers thus far, escalated or de-escalated the situation?
18) Why doesn't Simons explain why he stopped the kid?
19) Why doesn't Simons just take him to jail? Why go to a nearby parking lot? Why not wait to get assistance from correctional officers to obtain the kid's wallet and I.D.? Why doesn't Simons explain what he's under arrest for, and read him his Miranda Rights properly?
20) Why throttle the kid by the neck? To get him out of the other side of the car? What's the purpose of flushing him out of the squad car by force when the kid is not demonstrating any force against Simons? Why not take him to jail? Are there no eye-flushing stations in the sally of the county jail?
21) Why does Officer Justin Prosser use additional force against the handcuffed kid at 16:06 on the tape (he screams in pain again), while the kid is explaining he was just "choked"? How is failure to stop talking necessitate painful force from a police officer?
22) And the big million dollar lawsuit question: What does the police report filed to the State's Attorney say as to how what we see on the video tape caused an officer's hand to be broken and necessitate a felony resisting charge against the kid?
Chief Finney, the Illinois State Police, and the FBI could have provided a few graphs and charts to all these above questions. Instead, they wiped their hands of it in a matter of minutes. Don't blame the city council and Mayor Gerard for simply doing the job law enforcement refuses to do. In fact, Finney, Il St. Police, and the FBI should be given the $100,000 bill to pay. They are the ones dropping the ball, not Gerard. Well at least the Mayor knows what crybaby bullies work for and in support of the Champaign Police Rogue Division. What the neoanderthals don't seem to understand is Carter and Gerard are spending $100,000 now to maybe escape liability for millions later in civil court. I'm surprised there is no wrath saved for the State's Attorney who dropped the felony charges against the kid, er I mean "scum", at first sight of the video tape.
The only real investigation (witch hunt) the FOP wants is who the hell released the videotape. Guess what fellas, accountability is coming whether you want it or not: The Illinois Supreme Court on Friday backed up a judge who punished the prosecution after video of a drunken driving arrest was destroyed, a decision establishing that defendants have a right to see video evidence even in misdemeanor cases.
Mayor Gerard and the City Council are to be congratulated for standing up for transparency and democracy, not cowtow to a few bullies who defame the rep of the good Champaign Police officers who do the job right as best they can.
THANK YOU. Sounds like the first seven comments were written by cops and/or police union representatives.
Stop fricking spraying pepper spray all over the place, and citizens will quit complaining about it.
Yeah, that Miller kid that ditched the moving car and ran off did the wrong thing. That's a different story that has nothing to do with this.
Wildly spraying pepper spray because a kid mouthed off or the cop didn't like the way he looked at him is utterly ridiculous.
Quit eating so many damn donuts, get in shape, and quit fricking spraying pepper spray all over the citizenry of Champaign. Simple as that. STOP with the damn pepper spray already.
With all the stupid laws we have on the books, we need one that bans use of pepper spray by these wild west cops. If they were trained to CONTROL situations they wouldn't need to be spraying this stuff all over everyone and everywhere. And I don't believe for a moment that most of the people in Champaign support the cops in this situation. You go, Mayor Gerard.
You will not get answers to these questions on this board. Posters are only interested in conspiracies and ad hominem attacks; I've seen the video. I'm a white guy. I saw an out of control officer who had no regard for his profession. Some of these posters should consider that an officer willing to pepper spray a jaywalker might be perfectly willing to do the same to them regardless of their ethnicity.
Sad when a search for the facts and the truth only brings out the worst in people.
I do not agree with other police organzations Ie State Police or FBi investigating these kinda cases, I feel its a conflict of interest of these guys protecting "The Blue Wall". There should be a completely independent agency not affiliated with any police organzations that are versed in the tactics and laws regarding police and use of force. This independent agency should handle these cases so no conflict of interest is present. The Champaign Police department seems to have a flaw though with the number of incidents there has been. I Dont think the Chief of Police retiring will change the culture of the department. It sounds like a whole slew of changes and removal of officers is needed to change the culture. I do however find it stupid that tax payer dollars are being spent on this investigation mutiple times, if said independent agency existed and was used this issue would have been over either way months ago at a fraction of price it has incurred to present day.
"...[that the Mayor] refuses to comment on who released the tape to the public, despite the complainant wishes. That fact is a violation of the freedom of information laws.
The fact that the Champaign Police Rogue Division and the FOP trying to protect them is a hostile, dangerous "gang"; should allow for whoever released the tape to be placed under "whistle blower" protections. And since the Police Department is now mandated to release all squad car videos to defendants in misdemeanor and felony criminal cases means there is no necessity to identify who embarrassed the Rogue Division of the CPD. Council and Gerard should not identify who released the tape which would jeopardize the person's safety.
Mandated? It is called "discovery" it is available to all defendants. That is how the tape was released before to Mr. Lipton. The question that remains is that there was ONE council member who then released it on Utube. Who is that person? Were they the defense council or a CM who has his own "what is the policy for takedowns on unarmed victims" questions?
This council has made it clear that they will side with those who cause problems in this city-- and it is not the police.
Officer Miller can expect a email from the Mayor chastizing him for his comments last night. The Mayor is very good at sending emails to those officers who speak out either in public or private against him.
If the police really think they're innocent they'll welcome an independent investigation (i.e. one NOT done by police) because at this point it's the only hope they have of clearing their name. Furthermore, if they really want to improve relations with city officials they need to kindly escort their union representative from the premises before they open their yapper at another council meeting. The unions thrive off discord between employers and employees and from their disrespectful and unprofessional behavior it seems the police union is angling for payday.
Lastly, I'd like to encourage Don Gerard and the council members on his side to stick to their guns. They've got something that all the whiners and out-of-control cops and old Schweighart supporters don't. They're ELECTED, and in a democracy that means something.
Yup-
Stick to your guns. Close the front desk for 12 hours a day. Close a Fire Engine 80% of the time, spend 100k on a study that will lead to absolutly no discipline. stand up for convicted drug dealers and throw the police under the bus.
Stick to your guns and soon Champaign can be called East Decatur.
Thanks.
they all received a majority of 10% of the registered voters who actually voted; the other 90% of us who didn't vote DID NOT vote for them. Our local elections are a dismal political scam.
We need a referendum to vote them all out of office while demanding a public apology from them. Then we can require them to do parking meter patrol on a srtictly voluntary basis.
Why are the local elections a scam? We had plenty of polling places that were clearly advertised and open all day. The votes were counted fairly. If what you're saying is that all the lazy and disinterested people who didn't bother to vote should still have a say in who runs the city, then be prepared to let the illegal immigrants and other non-citizens also have a say because they didn't vote either.
Placing illegal immigrants into this issue is incorrect; laziness as an excuse for not voting is incorrect; despair/oppression/monetary greed as viable reasons for not voting is correct; good leaders who use sound judgement and are not visually inept here locally and having the only choice as voting for bad candidates is why the registered voter does not vote which is why proponents of the the voting
procedure are just as inept as those we should never be forced into electing; the system is so flawed on a local basis that we should adopt a new form that allows for recall; that allows for
financial decisions like monies for independent studies, money for unused parking meters/decks, monies for fancy water meters in two foot deep ponds, extravagant 6-figure salaries, monies for gradiose developments, be carefully scrutinized by citizens committees who
are not motivated by self-serving politics.
naturekind
If there is an "independent" body that also understands the demands and difficulties of police work then that might be best for future reviews. Unfortunately, it is difficult to find such a body that does not have members with actual police experience (which would then be a disqualification according to the sentiment that "police should not be investigating their own").
I would imagine the court system is the best way to handle this type of problem. Let those that feel they have been wronged by the police have their day in court if they can make the case. Unless we don't believe the courts are fair either. In which case I guess we need a peaceful revolution.
So, see how many hearts and minds can be influenced by your arguments of unfair policing. Unless your arguments are less than convincing and "most" people don't agree. Then I guess you will need to resort to "other" means.
When there is no MUTUAL trust or good will to be found on EITHER side, this is the slippery we slope we stand upon.
No need to assume it's the victims who would become violent were there to be an unfavorable ruling in civil court over this June 5th attack by Officer Simons. It's the police who have caused trouble, and continue to cause trouble by the way they patrol the north side and deal with African American youth. The question is will the City allow for a civil jury to hear this case, (what 3-4 years from now?) and will the plaintiffs have the muster to sustain a long legal battle to get the thing to a jury trial. It is not in the City's best interest to defend Officers Simons, Aschell, and Prosser in this matter and fight this thing to the hilt. If the plaintiffs show they are going to be serious and hire a firm like Montogomery from Chicago (there are no lawyers in Champaign County that have the two it takes to challenge the police department), as what happened in the Kiwane Carrington case, then look for Carter and Co. to settle, and settle quickly out of court. What Carter is trying to do, because the video tape is so out there for any lawyer to analyze, is head this off at the pass by exercising due diligence now to keep the City from being held liable for condoning and covering-up for what's seen on the video tape. The best strategy the City could take to save tax dollars, is fire officer Simons, Aschell, and Prosser, and adopt a more specific use of force policy. When the civil paper work gets filed, only the individual officers could be held accountable, (where there won't be the kind of money the plaintiffs would be awarded by a jury) and the City might be literally able to file a friend of the plaintiff brief since they too, sided with the plaintiffs. As for the existence of "independent" firms to review use of force incidents, the August 2006 Larry Martin shooting was reviewed by a D.P. Van Blaricom who is a former police chief and patrol officer who regularly reviews use of force incidents. Had the City Council heeded his warnings back then, there maybe would have been no killing of Kiwane Carrington, (because Finney should have been fired back then) and now the continued aggressive problems we see on this video. For all these reasons, is why we see the canard's, the guilt-trips, the distractions, and the political threats we see the FOP and their rah-rah cheerleaders spraying all over the blogosphere. They are working hard to protect some union brothers, but the video tape's public release has them unable to hide behind the "good" word and fine reputation we citizens would ordinarily afford police officers.
How can you call it an "independant" investigation, when they are being hired by a man who wants the police found guilty. When they are being paid $100k to find the police guilty. I'll bet that for $100k, we can find any number of investigators who will make any declaration that you want.
Donny, I'm finding your pro-criminal agenda "tiresome".
Quite franlly Don is a joke and getting worse. I am not sure if a petition drive can be started to get him to step down, but his sidekick asst mayor Bruno isn't much better. I still question why a tape was taken from the police evidence by a councilman, cut down and only a portion released to the public? Also I find it questionable on why the position of a sgt is cut from the police department (especially since it is the guy that did bar checks). I sure do not mind the police department being evaluated in order to do things better, but $100,000 is a little much and who is the group that will finally say it is ok or not. Also if the mayor get his way and they find fault is the City then going to write a big check to the attorney for this guy so they do not have to go to court, or will we need to raise property and gas taxes in order to pay for his lunacy.
If there is going to be an investigation, I would like it to by on how the city is spending money on so many management positions. The police department now has two chiefs of police, 4 deputy chiefs, 6 Lts. and they all work days? The City and almost every department head has an assistant and each of them have secretarys. The legal department is over staffed and every time a real case comes up they have to hire an outside attorney or payoff the other side.
I would also like an investigation into whether or not there is a conflict of interest in taking campaign contributions from certain people then cutting postions that watch over the contributers actions, or whether or not a defense attorney got assistance getting a police tape from evidence by a certain council person to exploit it for public outrage.
There will never be harmony when you have leaders that do not ask how do we make things better, but instead want to rub peoples faces in the dirt for some sort of agenda. Being a prejudicial against a group of individuals is the same as if their skin color was different.
Everyone knows how Mayor Gerard was elected. Support from bar owners and votes from a population that had not previously gone out and voted. He personally made sure that they had rides and were registered to vote.
He knows what he has to do to pay for those votes.
He is a disgrace to this city. He may say that he supports the Fire and Police departments but his actions show a completely different story.
I feel sorry for our police officers - they have a leader who works against them.
People in Southwest Champaign are going to be without one fire truck and several firefighters because of his unwise decision making. Hope no one loses their life over a longer than normal response time.
Four years is a long time with an ineffective mayor - I hope that Champaign can survive that long with this type of leadership.
What I thought hysterical was listening to CM Bruno discuss that folks get up there and rant just to get on TV. Has he listenened to either him or CM LaDue drone on for hours over nothing? Talk about calling the kettle black. At least some of the council are smart enough not to say much unless it is really important.
Well the mayor said he has gone on multiple tv stations, radio stations and newspaper to praise the police. Voting to approve raises or promotions is not praising the police. I spent several hours last night and today trying to locate a printed clip or video clip of Mayor Gerard saying the cops did a good job. Where was the apology for being misled over the Calvin Miller arrest? Where was the rebuttal to the claims that the Champaign cops are racist (didn't they save a black male, from being shot to death at the mall?)
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