Explainer: CMPD releases body-worn camera footage from three 2019 incidents

Why it took so long: CMPD isn’t able to make its own decisions about releasing body-worn camera video. Instead petitioners, often journalists, request the videos from specific police incidents. Those requests go through a Superior Court judge, who holds a hearing to decide whether or not to release the video. In these cases the process took several months.

[Related Agenda story: ‘Hammer their ass.’ Breaking down the videos that show CMPD’s plan to ambush crowds protesting police brutality]

What CMPD says: “We respect that process. We certainly understand that it can be frustrating to petitioners that you have to go to the courthouse,” CMPD attorney Jessica Battle said during a Thursday morning press conference. “But we understand the statute, we intend to comply with the statue, and we understand that it does put a slight delay. And it’s our hope that we continue to be able to put those videos out as soon as possible to remain as transparent as we can.”

The first incident: In January 2019, an officer fatally shot Michael Kelley, who was wanted for two armed robberies, in a West Boulevard parking lot. CMPD says officer Timothy Kiefer shot and killed Kelley after he kept moving toward him, ignoring multiple commands to stop.

To review on your own, go here.

The second: On August 2019, CMPD officer John Juhasz shot and killed Delano Williams after being called to his home for a domestic dispute. Williams had already shot one of his family members and threatened to shoot others. Body-worn camera video shows officers rushing into the University-area home just after Williams was shot. He can be seen on the floor bleeding from his leg.

To review on your own, go here.

Charges in fatal shootings: Within a few months of each of the incidents above, district attorney Spencer Merriweather announced that his office wouldn’t charge the officers with crimes.

CMPD, and most police departments, have a policy that immediately places officers involved in a shooting on paid administrative leave while the department investigates. That was the case for both officers Kiefer and Juhasz.

During the press conference on Thursday, CMPD Captain Jackie Husley said the officers involved in both of these shootings were justified.

“Both of them had the criminal review as well as the administrative internal review,” she said, “and from both angles both of them were deemed justified.”

The third: In December 2019, CMPD pulled over Anthony Caldwell for what they say was a fictitious license plate. He refused to open the door or roll down the window after parking. Bodycam footage shows an officer screaming, cursing, and panting as he used a baton to break Caldwell’s window.

After being released from police custody and charged with traffic offenses, Caldwell took himself to the hospital where he found he had a fractured elbow. He later filed a complaint against the arresting officer.

The main officer involved received an 80-hour unpaid suspension, not for breaking the window, but for how he managed the incident. That officer is ineligible for promotion for two years and has been reassigned from their specialty unit.

Two other officers involved were also disciplined. One received a 24-hour unpaid suspension for accidentally closing Caldwell’s foot in the police car door and not reporting it to a supervisor. A sergeant on the scene got a written reprimand for not speaking with Caldwell when he asked to speak with a supervisor.

To review on your own, go here.

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