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1LAUX LAW GROUP
2201 E. Ohio Street, Suite 300
3Chicago, IL 60611
4www.lauxlawgroup.com
5Michael J. Laux (773) 354-2129 P
6Attorney At Law October 8, 2014 (312) 376-8751 F
7The Honorable Eric H. Holder, Jr.
8Attorney General of the United States
9U.S. Department of Justice
10950 Pennsylvania Avenue, NW
11Washington, DC 20530-0001
12Re.: Request for DOJ “Pattern and Practice” Investigation of the
13Little Rock Police Department Pursuant to 42 U.S.C. § 14141
14Dear Attorney General Holder:
15My office and the People’s Law Office of Chicago represent Sgt. Troy Ellison in a civil
16rights lawsuit filed in the Eastern District of Arkansas. Sgt. Ellison’s father, Eugene Ellison, a
1767-year-old African-American, was shot and killed by Little Rock Police Department (LRPD)
18officers, Donna Lesher and Tabitha McCrillis, both white, on December 9, 2010, after they
19entered his home without a warrant. There was no crime or emergency. Lesher and McCrillis
20walked in because they thought Mr. Ellison was going to shut his front door on them, which they
21admit he had the legal right to do. However, the officers prevented this, and despite the arrival
22of additional officers, and though Mr. Ellison was unarmed, and did not present any threat of
23death or great bodily harm, Lesher shot him from a considerable distance. Lesher has stated that
24she could have walked away rather than shooting.
25My reason for contacting you is twofold, and the fact that you are today in Little Rock
26hosting a forum on race and community policing, makes this communication all the more timely.
27First, as a devoted civil rights attorney, I applaud your recent decision to open a “pattern and
28practice” investigation of the Ferguson Police Department and St. Louis County, pursuant to 42
29U.S.C. § 14141. After a series of meetings, listening sessions and informal conversations with
30local citizens, you identified that a deep mistrust existed between African-Americans and local
31law enforcement, and decided to pursue an investigation. I watched with rapt attention your
32September 4, 2014 press conference where you announced the decision, and guaranteed the
33aggrieved citizens of Ferguson a “fair, thorough and independent” review of matters, the type of
34which historically had been sorely lacking.
35Section 14141 authorizes your office to conduct such investigations and, if warranted, file
36civil litigation to eliminate a “pattern or practice of conduct by law enforcement officers…that
37deprives persons of rights, privileges, or immunities secreted or protected by the Constitution or
382
39laws of the United States.” Sect. 14141 prohibits law enforcement agencies from regularly
40violating constitutional protections against police misconduct, such as excessive force, false
41arrests, unreasonable searches or seizures, and intentional racial or ethnic discrimination. In
42determining which law enforcement agencies to investigate, the DOJ considers a variety of
43factors, including the seriousness of the alleged misconduct, the type of misconduct alleged, the
44size and type of law enforcement agency, the amount of detailed, credible information available
45and the potential precedential impact.
46With these criteria in mind, and based on the disturbing facts presented below, I turn to
47the second aspect of my letter, which is to respectfully request that your office open a Sect.
4814141 “pattern and practice” investigation of the LRPD, based on a well-documented custom of
49tolerance of unwarranted police shootings, excessive force, and violent misconduct, all of which
50disproportionately affect Little Rock’s African-American citizens. Based on my experience
51litigating federal civil rights actions against the City of Little Rock, including those with Monell
52custom allegations, I can personally attest to widespread conspiratorial conduct among highranking
53LRPD officials, bogus internal investigations and the concealment of material
54incriminating facts. This misconduct represents the norm rather than the exception.
55Though St. Louis is larger than Little Rock, there are clear demographic similarities. By
56way of background data, Little Rock is the capital of Arkansas, with a population of 193,524. It
57is the 118th largest city in the U.S., and the home of a major university, the University of
58Arkansas-Little Rock. It has a law school, the Bowen School of Law at UALR. Among its
59attractions are the thriving downtown River Market District, the Little Rock Zoo, and the
60William J. Clinton Presidential Museum. The LRPD is Arkansas’ largest police force, with the
61most officers, and it boasts a sizable SWAT arsenal. Table 1 below compares key racial and
62crime statistics for Little Rock and St. Louis, the 58th largest U.S. city.
63TABLE 1: St. Louis/Little Rock statistical comparison
64City 2010
65Pop.
66%age
67White
68%age
69Black
70# of
71officers
72%age of officers
73who are White
74%age of officers
75who are Black
76Total
77Crime
78Index
79Criminal
80homicides
81(2010)
82St. Louis 319.294 43.87% 50.03% 1389 64.6% 32.9% 33,782 144
83Little Rock 193,524 48.9% 42.3% 540 67.59% 28.89% 16,538 24
84As I understand it, one of the statistical comparisons your office found concerning in St.
85Louis and Ferguson was that African-Americans were considerably underrepresented among
86police officers. Examining the figures in Table 1, which are derived from the U.S. Census
87Bureau and the municipalities’ websites, one can see the percentages of African-American
88citizens in St. Louis and Little Rock are comparable, hovering between 40-50%. One can also
89see that, like St. Louis, Little Rock has a considerably higher percentage of white police officers
90compared to the general population. Based on the number of criminal homicides, St. Louis is the
91more dangerous city, based on the fact that its officers are confronted with potential deadly force
92situations more often than Little Rock officers.
93Among the African-American citizens of Little Rock who seek out, and are fortunate
94enough to gain, employment with the LRPD, the chances of them at any time occupying a high3
95ranking position are relatively quite low, when compared to their white counterparts.1 The
96LRPD’s internal statistics reflect this disparity within higher-ranking or supervisory positions:
97 Captains (87.5% white; 12.5% black);
98 Lieutenants (66.7% white; 33.3% black);
99 Special Investigation Division (86.4% white; 13.7% black); and
100 Major Crimes Unit (77.1% white; 16.7% black).
101Moreover, at the level of patrol officer, the position most responsible for understanding,
102anticipating, and avoiding, excessive force incidents, there is a significant disparity in numbers.
103Of LRPD’s 424 patrol officers, 69.8% are white, while a mere 26.4% are black. These distorted
104figures, like those in Table 1 above, are the present-day remnants of generations of preferential
105hiring, training and promoting of white officers. This is racial discrimination pure and simple,
106and it is ever-present at the LRPD.
107Training Failures are the Root Cause of Police Misconduct
108Experts in police practice have identified the root cause of improper police shootings to
109be a lack of training and accountability. In a recent article, Fatal Encounter: A police shooting
110in Missouri puts the spotlight on race and lethal force, TIME Magazine concluded, “the root of
111the [misuse of lethal force] problem is lack of training and accountability. Researchers…have
112found that better training and discipline can sharply reduce the use of lethal force without
113endangering cops on the beat.” For proof, the article emphasized that by instituting more
114circumspect hiring and discipline procedures, the NYPD reduced the number of police shootings
115from a staggering 314 in 1971, to 16 in 2012.
116To this point, recently, on July 28, 2014, the Arkansas-Democrat Gazette, Little Rock’s
117flagship newspaper, ran an article which highlighted use of force training deficiencies at the
118LRPD. The article, Some LR police not trained in all conflict tactics, revealed troubling facts.
119Of 541 officers employed in 2014, about half (264) are not trained or certified to use a Taser
120device, a less-than-lethal alternative to firearms. Included among these untrained officers, is the
121LRPD’s training supervisor, Captain Ken Temple, a telling fact. Worse yet, of the 264 officers
122not trained to use a Taser, almost half of them (127) are patrol officers and sergeants who handle
123potentially dangerous calls every day. The article continued:
124“Gaps in training aren’t limited to Tasers. There are 44 [LRPD] officers who are not
125qualified to carry a baton, 29 who can’t use pepper spray, and another eight who are not
126certified in ‘ground control tactics,’ a program that incorporates physical takedowns,
127strikes and techniques that officers might need when dealing with a combative suspect.”
1281 On October 19, 2012, the Little Rock Black Police Officers’ Association alleged racial discrimination within the
129LRPD, and sent a letter to the police chief highlighting patterns of “inequities within the police department” relating
130to transfers, promotions, and discipline for black officers. The letter detailed “a disparity in disciplinary actions and
131critical decision-making, which affects the overall service provided to all citizens of Little Rock, and the morale of
132the officers.” It noted overall feelings of mistrust among the public and within the black employees of the
133department. This informative letter is enclosed.
1344
135What is galling here is that high-ranking supervisors within the LRPD, acting in their
136official capacity, have actually flaunted this lack of training to defend abusive police officers in
137suspension hearings, while simultaneously denying it in court settings. To wit, at the suspension
138hearing for high-ranking LRPD officer, Lieutenant David Hudson, who was captured on video
139(enclosed) severely beating Chris Erwin, a non-threatening tavern patron, his former academy
140mate, Captain Terry Hastings, testified that Lt. Hudson had no choice but to pummel Erwin
141because Lt. Hudson was not properly trained to use a Taser. Of course, during his deposition
142months earlier in Ellison v. Lesher, et al., where inadequate training was alleged, Capt. Hastings
143voiced no complaints about the training at the LRPD whatsoever.
144Nonetheless, Capt. Hastings’ efforts at the hearing were apparently effective, because the
145Civil Service Commission overturned his friend Lt. Hudson’s suspension, “in part because it
146thought Hudson was being punished by the same people responsible for not preparing him.” It
147must be mentioned that at the time of Erwin’s videotaped beating, Lt. Hudson was a highranking,
148decorated 20-year veteran, who was previously chosen by the LRPD to perform security
149detail for visiting former U.S. President Bill Clinton.
150Indeed, there is much in the public record about poorly-trained and dangerous LRPD
151officers, but nothing ever comes of it. The issue is willingly ignored, regardless of the
152consequences to the public. Donna Lesher is one of these bad officers. At her deposition in
153Ellison, she casually admitted to severe professional shortcomings, and she was absolutely
154oblivious to the fact that her ineptitude could likely lead to dangerous encounters in Little Rock
155neighborhoods:
156ATTORNEY: You said that you don’t carry a baton because you're not proficient in its
157usage. Correct?
158LESHER: Correct.
159Q: Do you mean to say that you’re not very good at using it?
160A: Yes.
161Q: Some things we’re not good at when we start, but we have to practice and learn
162how to use them. Correct?
163A: Yes.
164Q: Did the thought ever occur to you to practice baton usage through perhaps career
165counseling services and become skilled to a level where you could feel
166comfortable carrying a baton?
167A: No.
168Q: By not carrying a baton with you, you have eliminated an intermediate level of
169force that would otherwise be at your disposal. Correct?
170A: Yes.
1715
172*****
173Q: Do you think that not having a baton and putting yourself in situations where
174intermediate levels of control might be necessary increases the level of danger in
175use of force incidents that you encounter?
176A: Yes.
177Lesher’s deficiencies unfortunately are not limited to the baton. She repeatedly
178demonstrated her ignorance of fundamental constitutional concepts regarding the limits of police
179power, which are essential for a reasonable officer to understand and practice:
180Q: Are you familiar with the phrase “probable cause?”
181A: Yes.
182Q: Can you define that for me?
183A: Not like a - I can’t define it. I know what it means to me.
184Q: Officer Lesher, I'll take whatever you can throw my way. Please tell me what it
185means to you.
186A: You have to have probable cause to have - to react to something.
187Q: The only - I don't quite understand your answer because you're using the term
188that I'm asking you to explain. So do you have a definition in mind that you can
189give me that doesn't involve the phrase “probable cause” when I ask you for your
190definition of probable cause?
191A: No.
192Remarkably, at the time of her deposition, while giving these answers, Lesher was an active 18-
193year, armed patrol veteran of the LRPD. Further, she was cleared by the LRPD to do armed, offduty
194security work for private businesses in bad neighborhoods. This is totally unconscionable.
195Moreover, Lesher was trained in the U.S. Constitution by the Little Rock City Attorney,
196who represents her in the Ellison litigation. So, from a tactical perspective, because he entered
197an appearance on Lesher’s behalf (as his custom for all of the LRPD officers he trains who are
198later sued for civil rights violations), he has effectively insulated himself from becoming a
199witness regarding the training he provided her, and has even defeated a motion to disqualify him
200based on this conflict, among others. Thus, the person possibly responsible for Lesher’s
201ignorance of the Constitution cannot be questioned about it in a lawsuit setting. This informal
202custom perpetuates the LRPD’s pattern of protecting bad officers, and it continues.
2036
204POLICE-INVOLVED SHOOTINGS AND SERIOUS CRIMES BY THE LRPD
205Table 2 reflects instances of police-involved shootings committed by LRPD officers from
2062001-2014. Table 3 reflects complaints of serious crime and misconduct, such as domestic and
207sexual abuse, terroristic threats and 3rd degree battery. Note that Table 3 represents allegations
208of non-scope of employment crimes and not excessive force complaints. Each of the incidents in
209Tables 2 and 3 has been officially acknowledged by the LRPD, and all of the information therein
210is derived from official documents and media reports regarding same. In each table, repeat
211offenders are highlighted in red.
212TABLE 2: Police-involved shootings/in-custody deaths
213Date &
214case #
215Officer name Victim name Brief facts/LRPD findings
2164/14/01 Greg Smith (1st) Norman Rollins Police shooting. Mentally ill victim. LRPD
217investigation: EXONERATED.
2184/22/2001 Letricia Cross
219Angela Boyer
220Police shooting. LRPD investigation: EXONERATED.
22110/9/2001 Jerry Hart (1st)
222Andre Dyer
223Police shooting. LRPD investigation: EXONERATED.
22410/26/2001 Robert Dodson Police shooting. LRPD investigation: EXONERATED.
22512/19/2001 Hayward Finks Police shooting. LRPD investigation: EXONERATED.
2262/1/2002 Johnny Gravett
227Jack Cooper
228Police shooting. LRPD investigation: EXONERATED.
2293/7/2002 Mike Gray
230Josh Black (1st)
231Michael Braggs B/M Police shooting. Officers claim victim shot himself in
232the head. LRPD investigation: EXONERATED.
2333/22/2002 Van Watson (1st) Police shooting. LRPD investigation: EXONERATED.
2344/11/2002 Kenny Baer Police shooting. LRPD investigation: EXONERATED.
2354/17/2002 Marcus Paxton
236Anthony Moore
237Police shooting. LRPD investigation: EXONERATED.
2385/1/2002 Richard Glascock (1st) Police shooting. LRPD investigation: EXONERATED.
2395/4/2002 Marc Collins Police shooting. LRPD investigation: EXONERATED.
2406/3/2002 Dennis Ball
241Joshua Scherrey
242Terren Brown B/M
243Jermaine Bennett B/M
244Police shooting. Sgt. Ball shoots at unarmed, injured
245victim of assault. Scherrey shoots and kills suspect
246who allegedly pointed a gun while exiting window.
247Gun found far from dead suspect. LRPD
248investigation: EXONERATED.
2497/24/2002 Alma Glascock Police shooting. LRPD investigation: EXONERATED.
2508/31/2002 J.T. Alexander Police shooting. LRPD investigation: EXONERATED.
2519/8/2002 Charles Johnson Police shooting. LRPD investigation: EXONERATED.
2521/1/2003 Jeff King
253Matthew Smith
254Van Watson (2nd)
255Police shooting. LRPD investigation: EXONERATED.
2561/17/2003 Joe Hill Police shooting. LRPD investigation: EXONERATED.
2573/2/2003 Heath Atkinson (1st) Police shooting. LRPD investigation: EXONERATED.
2583/19/2003 Edward Moring Police shooting. LRPD investigation: EXONERATED.
25912/16/2003 Jarmall Lovelace (1st) Police shooting. LRPD investigation: EXONERATED.
26012/31/2003 Roger Wallis Police shooting. LRPD investigation: EXONERATED.
2611/12/2004 Greg Smith (2nd) Police shooting. LRPD investigation: EXONERATED.
2621/31/2004 Jana Rayburn
263Timothy Dillon (1st)
264Dolandon Mack B/M Police shooting. Dillon and Rayburn were married
265and cohabitating, and, in later civil suit, Court noted
266City acted in bad faith, feigning no notice of lawsuit in
267motion to dismiss for Rayburn. LRPD investigation:
268EXONERATED. .
2692/23/2004 David Green (1st)
270Tagos Robinson
271Rick Harmon (1st)
272Marcus Harris Police shooting. Officers say victim had gun but it
273was a screwdriver. LRPD investigation:
274EXONERATED.
2754/17/2004 Rick Wilson
276Kelly Lepore (1st)
277Michael Allen B/M Taser. Elderly post-surgery amputee victim killed
278after multiple jolts with Taser. Witnesses say officers
279laughed at the man hobbling around prior to his
280death. LRPD investigation: EXONERATED.
28111/26/2004 Kristian Davenport Police shooting. LRPD investigation: EXONERATED.
2821/1/2005
28305-3480
284Greg Birkhead Gloria Brown B/F Police shooting. LRPD investigation: EXONERATED.
2857
2861/4/2005
28705-3481
288Robert Martin
289Ian Ward (1st)
290Timothy Dillon (2nd)
291John Brawley (1st)
292Daniel Baker Police shooting. 4 officers shot at stolen car suspect
29343 times, hitting him once in the hand. Said Martin: “I
294fired 15 or 16, I fired everything I had.” LRPD
295investigation: EXONERATED.
2965/8/2005
29705-3538
298Josh Black (2nd) Cleveland West B/M Police shooting. LRPD investigation: EXONERATED.
2995/18/2005
30005-3543
301Aaron Oncken Greg Colwye B/M Police shooting. LRPD investigation: EXONERATED.
3027/14/2005
30305-3567
304Bruce Maxwell
305Kelly Lepore (2nd)
306Alexander Jones B/M Police shooting. LRPD investigation: EXONERATED.
3077/15/2005
30805-3568
309Ian Ward (2nd)
310Robbie Kelley
311John Brawley (1st)
312Timothy Boyd B/M Police shooting. Victim was holding cell phone when
313shot. Police never found gun at scene. Shooting
314officers hit second victim’s body several times. LRPD
315investigation: EXONERATED.
3169/14/2005
31705-3598
318Clark Sheffield (1st) Ronald Jacobs B/M Police shooting. Nearby home hit with bullets. LRPD
319investigation: EXONERATED.
3201/9/2006
32106-3647
322Allen Quattlebaum Lisa Wiley W/F Police shooting. Victim was unarmed, female drugseeker
323trying to cash a bad check. Bank calls LRPD.
324Officer claims she tried to run him over with car but he
325was behind brick pillar the entire time. 7 gunshots (6
326errant) in parking lot during business hours.
327EXONERATED.
3281/17/2006
32906-3650
330Tommy Moore
331James Tankersley (1st)
332Unidentified black male
333B/M
334In-custody death. LRPD investigation:
335EXONERATED.
3367/1/2006
33706-3749
338Charles Allen (1st)
339Eliot Young W/M (1st)
340Ervin Owens B/M Police shooting. LRPD investigation: EXONERATED.
3418/22/2006
34206-3769
343Mark Knowles Jackie Grider W/M Police shooting. LRPD investigation: EXONERATED.
3449/3/2006
34506-3773
346Stephanie Berthia
347David Blackman
348Ronnie Carr
349Jessica Eubanks
350Bryon Harper (1st)
351Wade Neihouse
352Jarmall Lovelace (2nd)
353Maurice Sanders
354Jaime Alvarez H/M Police shooting. Mentally-ill victim killed when 8
355officers shoot 31x, hitting him 10x (including to back)
356and putting 2 bullets in church altar and pew on
357Sunday morning. Though victim has knife to throat,
358and was described as “confused,” “agitated,” with “lost
359look,” LRPD investigators never ask about victim’s
360mental health or GO 309 “Handling Mentally Ill
361Persons.” 7 police cars but no audio . LRPD
362investigation: EXONERATED.
36311/8/2006 Heath Atkinson (2nd)
364Mitchell Jackson
365James Tankersley (2nd)
366Pat Hall
367Police shooting. LRPD investigation: EXONERATED.
36812/6/2006
36906-3817
370Chris Littleton
371Ryan Hudson
372Andre Glenn B/M Police shooting. LRPD investigation: EXONERATED.
37312/27/2006
37406-3826
375Randy Brown Andre Pride B/M Police shooting. LRPD investigation: EXONERATED.
3763/13/2007
37707-3864
378Spurgeon Levy Kendrick Webb B/M Police shooting. Mentally-ill black victim killed.
379Officer shot 9x at gas station, striking his own squad
380car 3x, and lodging bullet in kitchen refrigerator of
381nearby home. LRPD investigation: EXONERATED.
3824/26/2007
38307-3874
384Carrie Mauldin David Veasey B/M Police shooting. Victim shot while handcuffed and
385lying prone during drug botched raid. LRPD
386investigation: EXONERATED.
3877/7/2007
38807-3907
389David Green (2nd) Terry Mudge W/M Police shooting. Officers shoot 19x (one of them shot
39015x), victim hit 1x with bullets lodged in nearly gas
391station. LRPD investigation: EXONERATED.
3929/5/2007 Brandon Middleton (1st)
393Crystal Haskins
394Byron Harper (2nd)
395Police shooting. LRPD investigation: EXONERATED.
39610/30/2007
39707-3953
398Josh Black (3rd)
399Erik Temple
400Lance Stucker W/M Police shooting. Officers shot 14x, hit side of truck 7x
401and passenger 1x, claim victim tried to run them over.
402One bullet lodged in bathroom of nearby home.
403EXONERATED.
4044/14/2008
40508-4015
406George Wilson
407Timothy Pope
408Brent Mosley B/M Police shooting. LRPD investigation: EXONERATED.
4097/16/2008
41008-4046
411Steve Woodall
412Michael Ford (1st)
413Clay Hastings
414Collin Spradling W/M Police shooting. Victim killed, shot in back of head
415and back, when officers try to arrest without warrant.
416Witnesses’ statements altered by LRPD to falsely
417reflect that they saw victim with gun prior to shooting.
418Video damaged. LRPD investigation: EXONERATED.
4198
4208/13/2008
42108-4058
422David Green (3rd) Timothy Johnson W/M Police shooting. LRPD investigation: EXONERATED.
4239/17/2008
42408-4071
425Kayward Jolly (1st)
426David Caplinger
427Mario Collins B/M Police shooting. LRPD investigation: EXONERATED.
4281/9/2009
42909-4122
430Matthew White Leo Darrough Jr. B/M Police shooting. LRPD investigation: EXONERATED.
4311/23/2009
43209-4131
433Sheva Howard
434Kayward Jolly (2nd)
435Ernest Hilgeman
436Dustin Derrick
437Chris Ringgold
438Christopher Cahill W/M Police shooting. LRPD investigation: EXONERATED.
4391/30/2009
44009-4134
441Jackie Parker Denzel Couch B/M Police shooting. LRPD investigation: EXONERATED.
4424/1/2009
44309-4166
444Michael Ford (2nd) Justin Watson B/M Police shooting. LRPD investigation: EXONERATED.
4454/17/2009
44609-4179
447Brandon Middleton (2nd)
448James Stanchak
449Matthew Cheatham W/M Police shooting. LRPD investigation: EXONERATED.
45011/3/2009
45109-4276
452Richard Glascock (2nd) Shawn Burton B/M Police shooting. LRPD investigation: EXONERATED.
45311/3/2009
45409-4277
455Jason Roberts
456James Christ
457Landris Hawkins B/M Police shooting. LRPD investigation: EXONERATED.
4583/26/2010
45910-4327
460Eliot Young (2nd)
461Kevin Duncan
462James Jenkins
463Harry Porter B/M
464Irma Rogers B/F
465Police shooting. Victim shot and 43-year-old B/F
466bystander killed. Botched entry during drug raid,
467clearly fudged reports. LRPD investigation:
468EXONERATED.
4696/2/2010
47010-4351
471Arthur McDaniel (1st) Millis Farnam W/M
472Jason Farnam W/M
473Police shooting. Victim killed, another shot in the face
474after r/o claims they were burglary suspects. R/o shot
47516x times in residential area, including several times
476at unarmed occupants and another after he tried to
477flee scene. LRPD investigation: EXONERATED.
4786/12/2010
47910-4352
480Walker Johnston (1st) Carlos Thurman B/M Police shooting. LRPD investigation: EXONERATED.
48112/9/2010
48210-4414
483Donna Lesher
484Tabitha McCrillis
485Eugene Ellison B/M Police shooting. Victim killed after struggle when
486officer entered his home without warrant or
487emergency. Lesher admitted victim had a legal right
488to shut his door on r/os, that r/o walked in home
489because victim got “mouthy,” and r/o could have
490walked away rather than shoot victim. Multiple GO
491violations, including improper uniform. No discipline.
492LRPD investigation: EXONERATED.
4934/16/2011 Grant Humphries (1st) Police shooting. LRPD investigation: EXONERATED.
4947/16/2011 Robbie Hinman Jacobe Malone B/M
495Police shooting. LRPD investigation: EXONERATED.
4967/18/2011 Walker Johnston (2nd) Jerron Taylor B/M Police shooting. LRPD investigation: EXONERATED.
49712/8/2011 Jason Deno Police shooting. LRPD investigation: EXONERATED.
49812/27/2011 Chris Johannes Joseph Williams B/M
499Keith Pettus B/M
500Police shooting. Victim shot, passenger shot in face
501after report they were talking to white girl at shopping
502mall. Johannes claimed victims tried to run him over
503with car but independent witness refutes, states no
504one in path of car. Zero bullet holes to front of car.
505Police shooting. LRPD investigation: EXONERATED.
5061/17/2012 Jeff Holt Angelo Clark B/M Police shooting. LRPD investigation: EXONERATED.
5075/22/2012 Terry McDaniel (1st)
508Charles Murry Jr. B/M Police shooting. 19-yr-old victim shot after r/o claims
509he pulled out small gun. LRPD investigation:
510EXONERATED.
5117/7/2012 David Green (4th)
512Kelly Lepore (3rd)
513Nura Austin
514Roy Williams
515In-custody death. LRPD investigation:
516EXONERATED.
5178/10/2012 Matthew Hoffine
518James Anderson
519Donald O’Fallon W/M Police shooting. LRPD investigation: EXONERATED.
5208/12/2012 Josh Hastings Bobby Moore B/M Police shooting. Victim killed. Officer concocts false
521story to justify killing. Receives preferential treatment
522between shooting and eventual charging.
5231/11/2013 Todd Hurd
524Ken Blankenship
525Michael Daniel B/M Police shooting. Friend/suspect Marcus Davis
526charged with capital murder for victim’s shooting
527death. LRPD investigation: STATUS UNKNOWN
5284/25/2013 Stephen Gorbet Kenzell Hobbs B/M Police shooting. 18-year-old burglary suspect shot
529and killed as he fled scene. LRPD investigation:
5309
531STATUS UNKNOWN
5327/15/2013 Terry McDaniel (2nd)
533Grant Humphries (2nd)
534Deon Williams B/M Police shooting. Victim shot and killed at rally
535protesting police-involved shootings. Claimed victim
536was in stolen car. Car was not stolen said owner.
537LRPD investigation: STATUS UNKNOWN
53810/13/2013 Barry Kingston Etavious Smith B/M Police shooting. Police allege residents of home
539brandished weapons on front porch and then went
540inside. LRPD shot at home until residents came out.
541LRPD investigation: STATUS UNKNOWN
54210/20/2013 Zachary Loring B/M Police shooting. Victim allegedly pointed gun at
543officers on loitering call. LRPD investigation: STATUS
544UNKNOWN
54511/14/2013 Eliot Young W/M (3rd) Antoine Wilbert B/M Police shooting. Victim shot. LRPD claimed victim
546had gun but no gun found. LRPD investigation:
547STATUS UNKNOWN
54811/14/2014 Eric Barnes
549Clark Sheffield (2nd)
550John Williams Police shooting. Officers called to the scene of an
551attempted suicide. Victim, inside, shot and killed by
552officers outside residence. LRPD investigation:
553STATUS UNKNOWN
5543/5/2014 Paul Evans Michael McCormack
555W/M
556Police shooting. LRPD investigation: STATUS
557UNKNOWN
558Per the numbers in Table 2 above, 107 different LRPD officers participated in policeinvolved
559shootings–including twenty-six (26) repeat offenders–over the course of about thirteen
560(13) years. There were eighty (80) police shootings/in-custody deaths during this timeframe.
561This equals six (6) deadly force incidents per year, or one every other month. Note that figures
562for 2014 are incomplete so it is likely that the total figures are actually higher. Of fifty-seven
563(57) deadly force victims identified in discovery, forty-one (41) were African-American, which
564represents 72%, a disproportionately high percentage. This overrepresentation reflects racial
565discrimination.
566TABLE 3: Complaints of serious police misconduct and violent acts
567Date Officer Victim Charge
5683/5/2001 James Hathcock Sexual misconduct, domestic abuse.
5694/28/2001 Michelle McGregor Boyfriend Domestic abuse, reported by officer boyfriend.
5708/8/2001 David Green (5th) Wife Domestic abuse
57112/17/2001 Gary Shelton Domestic abuse
5723/19/2002 Fred Hopkins (1st) Searcy, AR DWI
5733/6/2002 David Green (6th) Wife Domestic abuse
5748/26/2002 Wallace Poole Hot Springs, AR 3rd degree battery/criminal mischief
57511/14/2002 Tyrone Eason Girlfriend Domestic abuse
5762/5/2003 Fred Hopkins (2nd) Rose Bud, AR DWI (2nd)
5774/30/2003 Matthew Cain Wife Domestic abuse
5785/6/2003 Charles Johnson Rape
5796/30/2003 David Green (7th) Wife Domestic abuse
5808/14/2003 Scott Dettmer Child abuse
5813/17/2003 Tammy Nelson Saline County, AR DWI
5823/5/2004 Todd Payne North Little Rock, AR DWI
5834/26/2004 Roy Howard Wife Domestic abuse
5846/8/2004 John Gilchrist (1st) Girlfriend Domestic abuse
5857/12/2004 Kevin Tindle Girlfriend Domestic abuse
5868/6/2004 Damon Whitener Wife Domestic abuse
5879/3/2004 John Gilchrist (2nd) Girlfriend Domestic abuse
5888/6/2005 Heath Atkinson (3rd)
589Joe Hill
590Steve Taylor
591Marcus Paxton
592Failure to initiate internal
593investigation into excessive
594force claim.
595Civil rights violation
5969/1/2005 John Gilchrist (3rd) Saline County, AR Disorderly conduct/refusal to submit
5979/22/2005 Chris Gregory Domestic abuse
59811/6/2005 Jarmall Lovelace (3rd) Child abuse
59912/4/2005 Jarmall Lovelace (4th) Domestic abuse
6002/8/2006 Charles Allen (2nd) Wife Domestic abuse
60110
6022/8/2006 Jerry Hart (2nd) State of Arkansas Money laundering
6034/5/2006 Mark Jones (1st) Girlfriend Domestic abuse
6044/17/2006 James Forester Sexual indecency with a minor, physical abuse.
6051/31/2007 Rick Harmon (2nd) Vilonia, AR Disorderly conduct (warrant)
6063/13/2007 Rian Heck Heber Springs, AR DWI
6077/11/2007 Mark Ison Ex-girlfriend Domestic abuse
60812/31/2007 Tina Moore Significant other (at PCSO) Domestic abuse Disturbance with a weapon
6096/10/2008 Willie Davis Child abuse
6108/14/2008 Russ Littleton Bryant, AR DWI. 90 mph DWI, Littleton asks for “professional
611courtesy,” makes threats to arresting officers when
612they refuse. “If you come through Little Rock, you’ll
613be taken care of. Good luck in Little Rock. 30-day
614suspension. Found guilty June 2009.
61512/24/2008 Jamie Parker Sherwood, AR Hot check/failure to appear (warrant)
6161/9/2009 Corey Hall Girlfriend Domestic abuse
6171/16/2009 Jason Knowles Pulaski Co. AR DWI (with accident)
6188/22/2009 Carl Turner Sherwood, AR DWI
61911/18/2009 Charles Allen (3rd) North Little Rock, AR Domestic 3rd/aggravated assault
62011/20/2009 Charles Allen (4th) Wife Domestic abuse
62111/9/2009 Kendrick Hawkins Conway, AR Theft by receiving
62210/2/2010 Bryant King Hot Springs, AR DWI
62310/28/2010 Jason Gilbert State of Arkansas DWI/violation of federal law (robbery of armored
624truck)
6252/14/2011 Don Hampton Wife Domestic abuse
6262/21/2011 Rick Harmon (3rd) State of Arkansas DWI
6277/8/2011 Michael Ford (3rd) Sexual abuse
6287/22/2011 Cristie Young Husband Domestic abuse
6298/1/2011 Domikia Davis Domestic battery
6308/11/2011 Arthur McDaniel (2nd) Sheridan, AR Terroristic threatening (warrant)
6319/11/2011 Fred Lee (1st) Sherwood, AR/Saline Co. AR Domestic battery
6329/26/2011 David Green (8th) Wife Domestic abuse
6339/26/2011 Fred Lee (2nd) Wife Domestic abuse
63410/29/2011 David Hudson Chris Erwin Battery
63512/12/2011 John Bracey Wife Domestic abuse
6363/11/2012 Marquis Goodlow Crittenden Co. AR DWI
6375/14/2012 Thaddeus McRae Sherwood, AR DWI
6385/24/2012 Randall Robinson
639Mark Jones (2nd)
640United States Violation of federal criminal law (federal drug sting).
641CONVICTED.
64212/7/2012 Jeremy Palmer Wife Domestic abuse
64312/17/2012 James Youngblood Wife Domestic battery
644As reflected in Table 3 above, a Little Rock citizen–often a family member–came
645forward and complained of off-duty physical abuse at the hands of a LRPD officer forty (40)
646times, or every three months for a period of over ten years. Moreover, sixteen (16) different
647jurisdictions and law enforcement agencies have had to spend their time, money and resources
648arresting and processing LRPD officers for various serious crimes over the course of about
649twelve (12) years. In one of those instances, an LRPD officer (Ryan Littleton) and his supervisor
650(Lt. Hudson, again) made threats of bodily injury to the arresting officer who was just trying to
651do his job, and issue a legitimate DWI, which is in the interest of public safety.
652The repeat offenders highlighted in Tables 2 and 3 were not terminated after their first
653offense despite its very serious nature. In terms of cause and effect, some of these officers
654committed these initial offenses before later shooting an African-American Little Rock citizen.
655Intuitively, I submit that if these officers had been appropriately disciplined (including
656termination) as a result of these infractions, those citizens probably would not have been later
657shot.
65811
659EVIDENCE OF CONSPIRACY AND CONCEALMENT OF MISCONDUCT
660An examination of Fourth Amendment-type complaints investigated by the LRPD from
6612005 through 2010 yields the figures in Table 4 below:
662TABLE 4: Sustain rate for citizen complaints of Fourth Amendment violations
663Type of misconduct Number investigated by LRPD Number sustained by LRPD.
664Police-involved shooting 33 0
665Harassment 24 2
666Excessive force 85 2
667Sexual misconduct 4 0
668Unlawful arrest 15 1
669Unlawful entry 2 0
670Illegal search 11 2
671Threatening, retaliation 11 0
672TOTALS 185 7
673These numbers speak for themselves. The abysmal sustain rate for constitutional violations is
674due to a rigged internal investigation system which conceals and condones police-involved
675shootings and other violent police misconduct through a variety of improper means.
676Tampering with Evidence and Witness Statements
677My experience handling police-involved shooting cases against the LRPD unequivocally
678demonstrates to me that it engages in a systematic process of tampering with evidence and
679concealing incriminating information in order to protect officers who have engaged in
680misconduct. In Spradling v. City of Little Rock, et al., for instance, Little Rock citizen, Christina
681Hatfield witnessed LRPD officers shoot her daughter’s boyfriend, Collin Spradling, in the head
682and back, at point blank range, after they entered her backyard to allegedly question him. The
683shooters defended the killing, claiming that Collin pointed a gun at them, necessitating the use of
684deadly force. With police liability hinging on the issue of whether Collin did or did not have a
685gun, Ms. Hatfield was taken to the LRPD for a recorded interview. The LRPD-produced official
686transcript reflects that Ms. Hatfield stated a belief that Collin had a gun when he was shot.
687However, this was false. The audio recording from which the transcript was produced,
688reveals that Ms. Hatfield actually told LRPD investigators the opposite, specifically, that Collin
689did not have a gun when he was shot, let alone one pointed at the officers, and she confirmed this
690at her deposition. Thus, the incriminating statement of an eyewitness to a police-involved
691shooting was transcribed by the LRPD to falsely reflect that she stated the victim was armed at
692the time of the shooting, when, in fact, she did not. This is a serious problem, and it does not
693occur in a vacuum. Ms. Hatfield’s faulty transcript was used to clear the involved officers, and
694then submitted to the prosecuting attorney’s office, which exonerated them based, in part, on this
695“exculpatory” statement of an impartial witness.
696Another eyewitness who believes that Collin’s shooting was terribly unjustified, Rachael
697Mayhew, demonstrated line-by-line how she was repeatedly interrupted during her police
698statement, and how her audio recording was misinterpreted and transcribed in error by the
699LRPD. At her deposition, she described constant instances of the LRPD detective trying to cut
70012
701her off whenever she was critical of the involved officers. She identified transcribed statements
702erroneously attributed to her. She complained that the detective “just never would let us–he
703wouldn’t ever let me fully finish answering a question. [He] would just cut off and move on to
704the next thing.” She testified that the detective was only interested in trying to justify the
705shooting. Ms. Mayhew’s inaccurate, biased LRPD-transcribed statement also went to the
706prosecuting attorney’s office and was used to exonerate the shooters. At their depositions, Ms.
707Hatfield and Ms. Mayhew cried, and lamented that no one at the LRPD would listen to them.
708In the Ellison case, a Det. Matt Nelson interviewed an eyewitness to the shooting,
709Christie Harris, and recorded the interview. Ms. Harris explained at her deposition that she told
710Det. Nelson that Mr. Ellison never left his apartment prior to the shooting, an observation
711material to whether the use of deadly force committed by Lesher–who was outside when she
712shot–was justifiable. Yet, in the course of discovery, it was determined that Ms. Harris’
713interview transcript lacked this critical information and, moreover, the audio recording was
714“damaged” and inoperable at the exact spot where Ms. Harris gave that incriminating testimony.
715The LRPD has provided no explanation for this. Quite simply, if the LRPD had its way, and a
716very reluctant Ms. Harris had not been tracked down and convinced to come forward, this
717important information surely would never have come to light.
718Furthermore, during the Ellison I.A. investigation, just over two weeks after his interview
719of Ms. Harris, Det. Nelson was asked if he took any witness statements during the criminal
720investigation. He stated that he had not. At his deposition, he had no explanation why he made
721this false statement during the official I.A. investigation of a police-involved shooting. Of
722course, one reason might be that Det. Nelson tampered with the audio recording or otherwise
723knew what happened, and wanted to avoid detection. Another reason could be that his career
724and professional advancement relied upon Sgt. Lesher’s approval, and Det. Nelson clearly had an
725opportunity to protect his boss’ wife from a criminal homicide charge. Or perhaps he was just
726trying to help out his colleagues and friends. Either way, his false statements during an I.A.
727investigation were never addressed by the Internal Affairs Division or the LRPD.
728Whatever the reason for Det. Nelson’s untruthful I.A. statement, it is a fact that the
729prosecuting attorney never knew that Ms. Harris stated that Mr. Ellison did not go outside, never
730knew that crucial audio recordings of witness statements were lost or damaged, and never knew
731that the detective responsible for collecting evidence in the criminal matter later disavowed
732having collected it to his supervisors during an official investigation.
733LRPD’s False and Misleading Statements Are Intended to Exonerate Offending Officers
734The LRPD has a routine practice of knowingly supplying the media with false and
735misleading official police statements in regard to police-involved shootings. These false
736representations are intended to paint the offending officer(s) in a favorable light, and assist with
737the officer’s eventual exoneration. These statements are the City of Little Rock’s first official
738word on a matter of extreme public importance. As such, the LRPD plants the seeds which
739influence public opinion and set the tone for the investigation. This insidious practice also
740demonstrates the need for federal intervention.
74113
742For instance, the day after the Ellison shooting, Capt. Hastings (at the time, the Public
743Information Officer) convened a press conference, and provided the media with false pro-police
744statements about the shooting that were absolutely unfounded. Consistent with the historic
745customs at the LRPD, Capt. Hastings sought to justify the killing of Mr. Ellison, and make it
746seem more reasonable in the eyes of the public. He told reporters that Mr. Ellison charged on the
747officers when they were at the front door. Yet, McCrillis stated that Mr. Ellison was seated on
748his couch when she entered his home, and sarcastically asked him “What’s your problem?”
749Without hesitation, she told the LRPD she entered because Mr. Ellison got “mouthy” with her.
750Capt. Hastings told the hastily assembled media that Mr. Ellison was “swinging a big
751wooden cane” at Lesher and McCrillis. In fact, Lesher testified that he merely had his walking
752cane out in front of him, and did not swing it at all. This was a fabrication that provided a
753defense for the offending officers. Capt. Hastings told reporters that even though Mr. Ellison
754was an older man, he was “still in very good shape, was very strong.” Yet, Officer Vincent
755Lucio, who actually observed Mr. Ellison before Lesher shot him, described Mr. Ellison, a
756disabled senior citizen, as fairly tall but “not muscular” and stated he did not present a threat of
757death or great bodily injury.
758Capt. Hastings never spoke with Lesher or McCrillis before his press conference. Yet he
759felt compelled to offer his own personal opinions regarding Mr. Ellison’s physical strength and
760mental state, which had the obvious effect of making the officers’ deadly force seem more
761justifiable. General Order (GO) 109 (“Media Relations and Information Releases”) states that
762“personal opinions regarding the suspect, evidence or any matter pertaining to an investigation”
763shall not be released. Capt. Hastings’ rendition of facts was knowingly false, and the LRPD has
764never corrected the record, even after its officers refuted his statements under oath. At
765deposition, Capt. Hastings finally admitted that telling the media that Mr. Ellison “very strong”
766was a personal opinion. His statement that Mr. Ellison “advanced on our officers” was also
767false. Yet, Capt. Hastings was not disciplined. The falsehoods he knowingly perpetuated to the
768media–in violation of GO 109–quickly took root among the citizens of Little Rock, and this
769obviously made seeking redress much more difficult, which was the intention.
770The chief of police also uses the LRPD bully pulpit to mislead the public. On October
77117, 2011, after the filing of the Ellison lawsuit, then-Chief Stuart Thomas released the following
772press statement “…I will at this time state that this incident has undergone intense Departmental
773review and that the actions of the officers were exonerated by both the Prosecuting Attorney and
774Department…” Truly, the LRPD investigation was anything but “intense” as reflected in the
775following publicly-suppressed instances of favoritism and review irregularities during the
776investigation of Mr. Ellison’s shooting:
777 While Lesher was on Extended Medical Leave (i.e., physically unfit to work as a
778patrol officer), she was nonetheless allowed by the LRPD to moonlight as an
779armed security officer, a fact known at the LRPD, but withheld from the media
780and public, including her private business employers who might face liability for
781her actions in the scope of employment.
782 Lesher and McCrillis were each dressed inappropriately and in violation of GO
783203 (“Uniform Regulations”). Lesher was wearing white sneakers, earrings, a
78414
785long-sleeve T shirt with no badge and no nametag. McCrillis’ uniform was
786incomplete, she too lacked a police nametag and she had her hair in a ponytail,
787all in violation of GO 203.
788 Neither officer was disciplined for any of their uniform violations, even though
789the purpose of GO 203 is to ensure that the public is able to easily identify police
790officers as police officers, and whether they identified themselves as officers
791before they entered Mr. Ellison’s home is at issue.
792 The first words out of Lesher’s mouth after she shot Mr. Ellison was “Somebody
793call my husband, somebody call my husband!,” referring to Sgt. James Lesher,
794the supervisor of the homicide unit, which she knew was charged with
795investigating the propriety of the shooting.2
796 As requested by his wife, Sgt. Lesher, who was not on duty, was called on
797McCrillis’ cell phone, and he discussed matters with his wife moments after Mr.
798Ellison was killed, but before assigned LRPD investigators arrived.
799 Moments later, Sgt. Lesher arrived at the scene of the shooting in his personal
800car, in parked in a dark adjacent lot.
801 In violation of protocol, and proven by a dashboard video, Lesher and McCrillis
802were not separated after the shooting, and can be seen speaking with each other
803and several other officers, including Sgt. Lesher, the arriving officers and
804supervisors, who should have immediately separated all of them and taken their
805statements.
806 Lesher and her husband left the scene together, in Sgt. Lesher’s personal car, and
807their whereabouts and activities for the next three (3) hours are unclear.
808 LRPD investigators immediately took control of surveillance video from the
809apartment complex which somehow became damaged,3 affecting the only camera
810fixed on Mr. Ellison’s front door, and only during the time of the shooting of Mr.
811Ellison. LRPD has given no explanation for this spoliation of evidence.
812 Lesher and McCrillis each claimed that they pepper sprayed Mr. Ellison in his
813face prior to the shooting, yet his face was never swiped by LRPD crime scene
814investigators to determine if this was, in fact, accurate and true.
815 LRPD never tested Mr. Ellison’s home for pepper spray residue.
816 First responders who treated Mr. Ellison on the scene detected no pepper spray,
817and gave official police statements regarding same.
818 Official reports from the first responder, emergency room, county coroner and
819medical examiner are all silent regarding any pepper spray on Mr. Ellison or in
820the area of the treatment provided to him.
8212 See Ellison police video, which is enclosed on CD.
8223 See Ellison apartment complex surveillance video, which is enclosed on CD.
82315
824 The Arkansas State Crime Lab tested the samples they were given by the LRPD,
825and found absolutely zero pepper spray on Mr. Ellison’s neck, right hand, left
826hand, jacket, vest, shirt, pants, belt, shoes clothing or glasses.
827 One of the LRPD detectives assigned an officer to stand outside Mr. Ellison’s
828front door in the early morning hours after the shooting to “protect” important
829evidence, yet there is no report reflecting this order, no one admits to actually
830giving the order and no officer has stepped forward to identify themselves as the
831night watchperson.
832 Lesher and McCrillis’ pepper spray canisters were not taken from them at the
833crime scene after the shooting, but instead five (5) days later, after they were
834taken home by the officers.
835 Every single LRPD report generated on December 9, 2010, the night of the
836shooting, is totally silent to any pepper spray usage or remnants on Mr. Ellison or
837in the vicinity of the shooting, which would have been standard practice to
838document.
839 On December 10, 2010, the day after the shooting, the Pulaski County coroner,
840who is African-American and whose job is to serve as a liaison between the
841county and the public relating to the deaths of county residents, stated to
842the media that his office detected no pepper spray on Mr. Ellison.
843 The very next day after the coroner’s statement, several white LRPD officers
844supplemented the official file with additional reports that now mentioned pepper
845spray.
846 Several weeks after the media statement, after more than 20 years of service, the
847coroner was forced to resign by the County Commissioner, a close personal
848friend of the police chief. The coroner has filed a racial discrimination lawsuit.
849 Lesher and McCrillis’ uniforms were not taken from them after the shooting but
850instead four (4) days later, after any evidentiary value had already been lost.
851 Sgt. Lesher was in the vicinity of his wife’s questioning until a FOP lawyer–and
852not LRPD investigation supervisors–asked that he leave the station.
853 In violation General Order 303 (“Use of Force”), neither Lesher nor McCrillis
854ever drafted use of force reports for the shooting, their physical blows upon Mr.
855Ellison or their alleged use of pepper spray. To this day, neither officer has
856drafted one.
857 While the interview of homicide suspects are routinely video-streamed for
858investigators, Det. Tommy Hudson, a close personal friend of the Leshers with
859whom he has vacationed and gone hunting, decided to turn off the video device,
860preventing other officers from viewing the questioning of Lesher and McCrillis.
861This was called “highly unusual” by African-American officers on the force.
86216
863 Lesher was questioned by Det. Hudson, a longtime friend. Lesher and McCrillis
864were friends with all of their investigators, and had vacationed with several of
865them prior to the shooting. They were asked favorable leading questions almost
866exclusively, and were spoon-fed deadly force terminology and factors to justify
867the shooting.
868 Lesher’s interview was stopped midway for no apparent reason and when she
869resumed, she read from a prepared statement without stating it on the record.
870 Lesher, who is 5 feet, 6 inches in height, stated that Mr. Ellison, 6 feet, 1 inch,
871was upright and approaching her in violent fashion. She was never asked how
872close Mr. Ellison got to her before she shot him. There was no stippling and,
873more importantly, the bullet trajectory went from front-to-back, at a downward
874angle, absolutely contradicting Lesher’s account, and suggesting that Mr. Ellison
875was somehow below her when she shot him. Being on the ground or kneeling is
876consistent with the trajectory. Yet LRPD investigators never addressed this
877obvious inconsistency with Lesher or among themselves.
878 They gave materially different versions of what happened to the criminal
879investigation versus the I.A. investigation, and were never questioned about these
880major inconsistencies; the police chief read all of the reports, was fully aware that
881the officers changed their stories and thought nothing of it.
882 And when two African-American officers openly voiced their disapproval of
883what they perceived to be preferential treatment for Lesher and McCrillis, they
884were cited with general order violations, and harshly disciplined by the police
885chief for their opinions.
886 Unbelievably, the LRPD did not collect DNA samples from Lesher and McCrillis
887until May 26, 2011, over six (6) months after the shooting, and days after they
888had already been exonerated by the prosecuting attorney’s office (based, again,
889on the incomplete file provided by LRPD).
890One wonders what the public would think of the LRPD’s training and practices if it knew that it
891allowed Lesher to perform armed, off-duty security for private businesses despite years of
892repeated failures on physical fitness tests. Clearly, then, the investigation into Mr. Ellison’s
893shooting was not at all “intense,” but rather typical of those historically performed by the LRPD:
894lax, biased and designed to exonerate the offending officers. This goal was accomplished in
895Ellison. After his deposition, Stuart Thomas announced his early retirement.
896As I write this, Lesher still patrols the streets of Little Rock with her gun, her severely
897limited knowledge of fundamental police concepts and, still, without a baton. As a matter of
898fact, the LRPD has recently seen fit to appoint this careless, poorly-trained officer to the LRPD
899Uniform Regulation Committee, which reviews officers’ compliance with GO 203, the very
900general order that she and McCrillis completely disregarded the day they shot Mr. Ellison,
901violations which were totally ignored by the LRPD during the internal investigation. This might
902be comical if the lives of Little Rock citizens did not hang in the balance.
90317
904LRPD Code of Silence
905An historical hallmark of the LRPD’s flawed discipline system is a recurring “code of
906silence,” where LRPD investigators discourage, ignore or cover-up evidence of police
907misconduct. In the matter of Curtis v. Temple, et al., African-American, Demetrius Curtis,
908alleged that he was beaten while handcuffed during a traffic stop.4 He told investigators that
909Officer Eric Temple “just reached in and hit me across my jaw” with a closed fist. Though there
910was no video of the alleged assault due to a mysterious “six-minute gap” (another LRPD
911custom), audio of the incident captured not only the sounds from the beating, but also Temple’s
912partner, Officer Chris Johannes, confronting Temple about his improper actions.
913Officer Johannes: That’s the reason I told you don’t go over there to begin with…
914Officer Temple: Dude I was talking to him.
915Officer Johannes: It is clear on camera all you hear is smack.
916Officer Temple: I didn’t smack him.
917Officer Johannes: Dude I heard the fucking skin hit from over here.
918Officer Temple: No you didn’t.
919Officer Johannes: I told you not to talk to him because you were pissed off.
920Officer Temple: I don’t know what you fucking heard.
921Officer Johannes: Well not on paperwork. Don’t get mad at me.
922Clearly, Johannes was aware that his partner, Temple, physically struck a defenseless,
923handcuffed black man during this traffic arrest, and even chastised him for it. However, during
924the official LRPD investigation to determine whether Mr. Curtis’ was a victim of excessive
925force, Johannes used the “code of silence” to protect his partner:
926“I did hear Mr. Curtis scream at one point uh-why’d you hit me? You hit me or
927something along those lines of that and I walked back there. Officer Temple shut the
928door and I walked back there and asked kind of did you hit him and he said no, and I just
929kind of left. I went down there and Officer Temple said he didn’t hit him. Officer
930Temple didn’t hit him then…Uh, to my understanding Officer Temple said that the guy
931tried to step out and he told him to get back in the car and the guy wouldn’t get back in
932the car and he had to shove him. When I turned around [Temple’s] hand was extended
933out but I never saw any closed fists, open hand smack to the face, anything along the
934lines of that. I just saw an arm extended out and that was- he said he didn’t and I said
935well I turned around and that was it.”
9364 The LRPD citizen complaint file for Curtis is enclosed. It shows the lengths to which the LRPD will go to
937exonerate officers who engage in excessive force and untruthfulness.
93818
939LRPD investigators then played the audio recording wherein Johannes clearly states his
940belief that Temple struck Mr. Curtis so that “Johannes could refresh his memory of the incident.”
941Confronted with the recording, Johannes changed his story, stating now that he did hear
942“something striking- a striking noise. Uh, a flat I guess kind of noise. I hear uh- sort of a
943clapping sound…like a striking sound, open-open hit. I guess open palm.” Johannes could not
944explain what he meant by “not on paperwork.” He did not mention Temple striking Mr. Curtis
945in his official report. Nor did he tell a supervisor. Both lapses are violations of LRPD GO 303,
946pertaining to the use of force.
947Unbelievably, despite Mr. Curtis’ allegations and the irrefutable audio recording that
948absolutely substantiates his claims, all charges against the officers (unnecessary use of force,
949failure to act, failure to report, untruthfulness, harassment and MVR violations) were deemed
950unfounded. Investigator, Sgt. Lyn Forrester, summed up the mindset of LRPD internal
951investigations quite well when he said “I have considerably less faith in MVR systems than I do
952in Officer Temple’s word…I conclude that both officers were attempting to be truthful under the
953challenging circumstances…” Though Mr. Curtis’ complaints were deemed unfounded by the
954LRPD, and though the Civil Service Commission upheld this decision, Mr. Curtis filed a civil
955rights lawsuit which the City of Little Rock later settled for $10,000.
956Evidence of a code of silence abounds. A well-respected, 14-year homicide detective at
957the LRPD, Det. J.C. White, was one of the early case detectives in Ellison but he requested to be
958removed from the investigation because of irregularities, such as the decision by Det. Tommy
959Hudson to disconnect the video monitoring system. He testified that the basis for Lesher and
960McCrillis’ entry into Mr. Ellison’s home was a subject the LRPD intentionally avoided. He
961found this deliberate lack of attention to such a crucial aspect “disturbing from a professional
962standpoint.” Det. White testified that the LRPD took efforts to portray Mr. Ellison as a
963“monster,” to take focus away from what actually happened the evening of the shooting. He felt
964that Lesher and McCrillis clearly received preferential treatment during the investigation, and
965that this spoke to his belief that whatever the facts, the LRPD strives to exonerate officers
966accused of police misconduct. Det. White observed Mr. Ellison’s body at the coroner’s office.
967He confirmed that there was no pepper spray on Mr. Ellison.
968My office is also handling Hawkins v. Roberts, et al., a case where two white LRPD
969officers shot and killed Landris Hawkins, an African-American, mentally-ill man who held a
970knife to his throat in his home. Not only was this an unjustified police-involved shooting, but it
971also demonstrates the systematic concealment of material facts during LRPD’s internal
972investigations. On November 3, 2009, Mr. Hawkins’ family called 911 for help getting him to a
973hospital but instead, LRPD officers arrived, guns drawn, and within 1 ½ minutes, they shot and
974killed him from his front porch through a glass storm door. It is clear from video/audio
975recording (enclosed) that the officer planned to shoot Mr. Hawkins the very next time they saw
976him, whether he posed a threat of death or great bodily harm at that particular time or not. This
977decision-making reflects a total disregard for the protections of the Constitution, which require a
978reasonable fear of death or great bodily harm before deadly force may be used. The officers’
979calm exchange leading up to the shooting is extremely telling:
980“You ready?” “Yep.” “When he comes back around, let’s do it. We’re gonna have to
981shoot him….Come up even, Jimmy.”
98219
983Thus, one of the officers is actually instructing the other on his positioning so that their
984potential for deadly force is maximized. These officers sound like they are hunting an animal,
985and it is quite chilling to hear. Though they have the time to discuss killing Mr. Hawkins and
986getting positioned to shoot him, they never announce to him that deadly force is imminent. Mr.
987Hawkins’ grandmother has testified that he did not have a knife at the time he was shot. Indeed,
988after he was gunned down, the knife was actually fifteen (15) feet from his body, in another
989room altogether.5 Conveniently, the one of the officers said he moved the knife from near Mr.
990Hawkins’ body because he was still alive and presented a danger, even though the officers’
991verbal exchange absolutely contradicts this:
992“He’s down, he’s down….He’s here in the hallway.” “Where’s the knife? Where’s the
993knife?” “I don’t know where the knife is.” “Okay.”
994Tragically, another officer was actually enroute to the scene with less-than-lethal force
995alternative. He drafted a report wherein he stated “I prepared the Taser for possible employment
996(sic). While we were approximately 4 blocks away, Officer Christ came over the radio stating
997that shots had been fired and that the suspect, Mr. Hawkins was down.” Thus, this killing was
998not only an egregious misuse of deadly force, but it was totally avoidable for a reasonable
999officer. Had the officers been properly trained in deadly force or had they followed GO 309
1000(“Handling Mentally Ill Persons”), Mr. Hawkins might very well be alive today.
1001As is the custom practice at the LRPD, the knife was never tested during the investigation
1002to determine if anyone’s fingerprints or DNA was on it. Fairly gruesome post-mortem
1003photographs of Mr. Hawkins strongly suggest that he was not a threat to anyone after he was shot
1004by the officers.6 Though Mr. Hawkins was clearly having a mental episode, investigators
1005ignored this fact, and did not once mention the possibility that GO 309 was violated, or even
1006implicated. Further, the shooting was not even logged in one of the officers’ subsequent Early
1007Intervention System report (explained below). This means the officer is less likely to trigger an
1008alert for use of force in the future, and the next time he does commit deadly force, the matter will
1009be reviewed without reference to Mr. Hawkins’ shooting. It is truly as though it never happened.
1010This is strong, direct evidence of a code of silence at the LRPD.
1011Willfully Disregarding Early Intervention System Alerts
1012As explained in the 2003 DOJ management guide, COPS Early Intervention Systems for
1013Law Enforcement Agencies, Early Intervention Systems (EIS) is a data-based management tool
1014designed to identify officers whose performance exhibits problems, and then to provide
1015interventions, often re-training, to correct those performance problems. EIS is an important
1016mechanism for ensuring police accountability. It is a “proactive management tool useful for
1017identifying a wide range of problems…” In an EIS, performance data are entered into a
1018computerized database. These data include departmental use of force reports, citizen complaints
10195 See LRPD crime scene overhead diagram from Hawkins, which is enclosed.
10206 See LRPD post-mortem photograph of Landris Hawkins, which is enclosed.
102120
1022and other performance indicators.7 The major contribution of the EIS is its capacity to spot
1023patterns of performance and to intervene before problems lead to a serious incident such as a
1024lawsuit, a citizen complaint over excessive force, or some other public crisis involving the
1025department.
1026Yet, at the LRPD, this crucial method for identifying problem officers and, ultimately
1027protecting the citizens of Little Rock, is disregarded, often with disastrous results. To this point,
1028from 2005 to 2010, some 1670 uses of force were identified among EIS officers, all of which
1029were deemed justified. In 2008 alone, there were 236 separate EIS alerts, and none of the
1030officers was recommended for monitoring. In 2009, the EIS sounded alerts 189 times, and,
1031again, none of the identified officers was recommended for monitoring. In 2010, the year Mr.
1032Ellison was killed, officers were identified by EIS 207 times. None were monitored for use of
1033force. Again, the total number of LRPD officers runs at an average of about 540, so these
1034numbers represent a sizable portion of problem officers.
1035These unmonitored officers include Johannes who triggered seven (7) alerts, before, on
1036December 27, 2011, he recklessly shot two black young men who were alleging speaking to a
1037white girl in a crowded shopping mall parking lot. Also included is Officer Walker Johnston,
1038who set off nine (9) alerts before he shot Jerron Taylor, a black male, three times including in the
1039back on July 18, 2011. Clearly lacking any consistency or moral authority, Capt. Hastings
1040jumped in and defended Johnston’s training to the media, stating, “[o]fficers are trained to use
1041deadly force in certain circumstances and that's what we have to rely on, is their knowledge and
1042ability when they are on the scene to make those clear judgments.” The LRPD is basically
1043playing a shell game here, but the cost is African-American lives.
1044Officer Eliot Young shot and killed a black man, Ervin Owens, on July 1, 2006, and was
1045promptly exonerated. Then, he sounded an EIS alarm six (6) days later, on July 7, 2006, for
1046which no action was taken. On February 9, 2007, he again triggered an EIS alert, and again, no
1047action was taken. Then, on March 26, 2010, he shot and killed an innocent bystander (Irma
1048Rogers, a black female) during a botched drug raid. Finally, on November 14, 2013, Young shot
1049Antoine Wilbert, an African-American male, who he claimed had a gun. No gun was ever
1050found. One wonders who is next for Officer Young.
1051Tabitha McCrillis had two (2) EIS alerts prior to her involvement in the Ellison shooting,
1052both of which reflected excessive of uses of force, one of which was committed upon a 12-yearold
1053African-American girl. Nothing was done. Officer Kelly Lepore triggered the EIS system
1054for high number of uses of force on nine (9) separate occasions spanning four (4) years, each of
1055which resulted in LRPD supervisors disregarding the alerts, and recommending no action.
1056Subsequently, on July 7, 2012, she was involved in an in-custody death with Officer David
1057Green, who himself has major misconduct baggage which is thoroughly described below.
1058Clearly, if the LRPD took these matters seriously, and these reckless and poorly-trained officers
10597 If use of force reports are not drafted, however, they cannot be included in the EIS to track officers’ performance.
1060Because Lesher and McCrillis never drafted use of force reports for the killing of Mr. Ellison, that information was
1061not included in any EIS tracking for either of them. In terms of tracking their use of force proclivities, it is as though
1062the killing of Mr. Ellison–like the killing of Mr. Hawkins before him–never happened.
106321
1064had been monitored as the EIS intended, some–if not all–of the lives of their subsequent
1065excessive force victims would have been spared.
1066Officer Untruthfulness and Violations of Brady v. Maryland
1067In 1963, the U.S. Supreme Court decided the case of Brady v. Maryland, 373 U.S. 83
1068(1963), establishing the rule that prosecutors have a due process affirmative duty to disclose to a
1069charged criminal defendant all “material evidence” that is favorable to the defense. Recent
1070Supreme Court decisions have enforced Brady to include evidence maintained in a police
1071officer’s personnel files. Police practices expert and former police chief, Jeffrey Noble, has said
1072“[u]nder Brady, evidence affecting the credibility of the police officer as a witness may be
1073exculpatory evidence and should be given to the defense during discovery. Indeed, evidence that
1074the officer has had in his personal file a sustained finding of untruthfulness is clearly exculpatory
1075to the defense.”8 Failing to comply with the rules under Brady results in what is commonly
1076known as a “Brady violation.” A Brady violation will likely lead to a reversal of a conviction on
1077appeal and/or a new trial for the accused.
1078The LRPD police chief has testified that his department does not maintain a Brady list.
1079Nor has the prosecuting attorney ever requested one. What this means is that untruthful officers
1080routinely give prosecution testimony in criminal trials against criminal defendants, without the
1081defense (and ultimately, the jury) being apprised of their history of official untruthfulness. This
1082obviously prejudices the defense and, when one considers the disparity in criminal charging, the
1083result is that more African-Americans are being funneled through the prison system. Aside from
1084criminal prosecution aspect of Brady, the failure to terminate untruthful officers creates an
1085environment which fosters excessive force and police misconduct, as well as more
1086untruthfulness. Because officers clearly are not terminated for lying during official
1087investigations, they are incentivized to lie if it means they can keep their job. Thus, the LRPD
1088has created a climate where it is actually rational for an officer to lie when he or she has been
1089accused of serious misconduct.
1090Untruthful Supervising Officers Such as Captain Tom Bartsch
1091Take for example high-ranking LRPD officer, Captain Tom Bartsch. On May 30, 2004,
1092Capt. Bartsch worked off-duty security at Little Rock’s River Market Festival. During his paid
1093shift, Capt. Bartsch, who was dressed in his official LRPD uniform, filled the trunk of his squad
1094car with alcohol, and invited several younger officers to join him drinking. The impressionable,
1095subordinate officers naturally obliged. Later during the shift, Capt. Bartsch and his crew–surely
1096intoxicated at this point–got into a physical fight with a group of African-American teenagers in
1097the middle of the street, in open view of the public, causing fairly significant injuries to the teens
1098who scattered from the area, fearing more violence from the officers.
1099Evidencing the clear impropriety of the incident, none of the officers–including Capt.
1100Bartsch–drafted any reports about what happened or notified anyone of anything, though they
11018 See Noble, J., Police Officer Truthfulness and the Brady Decision, Police Chief Magazine, Volume 70, No. 10
1102(2003); see also Noble, J., and Alpert, G., Lies, True Lies and Conscious Deception: Police Officers and the Truth,
1103Police Quarterly, Volume 12, No. 2 (June 2009).
110422
1105would later claim to be the victims in the incident. These are serious, immoral violations of GO
1106303 and basic police protocol. The LRPD only learned about the incident when one of the young
1107victims came forward. He claimed he and his friends were “jumped” by the officers when one of
1108the friends remarked about uniformed officers drinking alcohol in open view. Capt. Bartsch and
1109the three other officers were cited for public intoxication, improper handling of city vehicle,
1110failure to document use of force, battery, failure to carry ID, conduct unbecoming an officer,
1111failure to supervise and untruthfulness. After wasting City time, money and resources with two
1112lengthy, formal LRPD investigations which pulled officers off of the street to give and take
1113interviews, and which generated a thousand pages of materials, Capt. Bartsch was eventually
1114disciplined with a 30-day suspension.
1115Ever true to its pattern, LRPD did not terminate Capt. Bartsch for these very serious
1116transgressions, despite the clear message it sends not only to the younger officers he encouraged
1117to join him drinking and fighting the teens, but also those rank-and-file officers who learned of
1118the incident during any of the multiple LRPD and Civil Service Commission hearings which
1119followed. In fact, most incredibly, again demonstrating a clear custom of disregard for brazen
1120police misconduct, Capt. Bartsch was actually appointed chairman of the Deadly Force Review
1121Board (DFRB) in three subsequent police-involved shooting cases in February 2006 (Colwye),
1122April 2007 (Glenn) and 2010 (Burton). The DFRB is a LRPD committee that analyzes deadly
1123force incidents, identifies problem areas in supervision and training, and then makes
1124recommendations so that similar situations can be avoided.9
1125So, Capt. Bartsch, who drank booze out of the back of his LRPD squad car while
1126working, who encouraged his subordinates to do the same, who physically battered black
1127teenagers, who lied about it, and then tried to cover it up by blaming the teens, was later given
1128the responsibility of reviewing uses of force, and protecting the interests of potential future
1129victims of police misconduct. Needless to say, Capt. Bartsch and his DFRB cohorts did not
1130detect any problems with the uses of force or supervision they later reviewed, and this willful
1131neglect predictably facilitated similar incidents in the future. Such a scenario makes a mockery
1132of the system, and shows a total disrespect for Little Rock’s African-American community.
1133NUMEROUS REPEAT OFFENDERS IN THE LRPD10
1134The following LRPD officers are just a few who could be called serious “repeat
1135offenders.” Despite the gravity and number of allegations against these officers, the LRPD fails
1136to appropriately discipline them, creating a vicious cycle of recurring police misconduct that
1137worsens in nature, and as shown below, often culminates in a deadly police-involved shooting or
1138serious violence.
11399 The DFRB inquiry (enclosed) into the Ellison shooting was, again, nothing but a rubber stamp on the predetermined
1140decision to exonerate Lesher and McCrillis, despite their constitutional violations and disregard for
1141general orders. Where the LRPD could have used the terrible incident to enhance its training efforts, it instead
1142endorsed the officers’ actions, signaling to officers its tolerance of unwarranted shootings and illegal entries.
114310 Because the overwhelming majority of allegations against these repeat offenders were determined by the LRPD to
1144be not sustained or unfounded, I only indicate dispositions for those that were SUSTAINED.
114523
1146Officer Christopher Johannes
1147In his first six years at the LRPD, Johannes amassed a sterling 69-0 “justified” record for
1148his uses of force. When reviewing Johannes’ history of citizen complaints, a trend emerges.
1149First, a citizen complains that Johannes has committed excessive force, and Johannes denies it,
1150creating a “he said/she said” situation, which is only resolvable by consulting the dashboard
1151video. Next, the LRPD checks Johannes’ video but to the befuddlement of all, his system was
1152inoperable or the recording was somehow damaged, even though each LRPD officer is required
1153to assure that their squad car has a fully-functioning recording system at the beginning of their
1154shift, per GO 316 (“Mobile Video Recording Equipment”). Lastly, because there is no video to
1155corroborate the complaining citizen, Johannes’ position is given more weight–regardless of the
1156evidence–and the allegation is deemed not sustained or unfounded.
1157The “lack of video” problem is widespread. Because LRPD officers are never seriously
1158disciplined for MVR violations, if they wish to commit excessive force unabated and
1159unpunished, it behooves them disengage their video systems before they commit it. That way, if
1160the victimized citizen actually has the courage to seek redress for their injuries and humiliation,
1161they will not be able to prove any misconduct by the offending officer, who will not be seriously
1162disciplined for the violation of GO 316, if at all. This is an identifiable pattern at the LRPD.
1163Many officers know it, and take advantage of it. In Johannes’ case, he was not even punished
1164after he defied several times a direct order to never be in a car without a functioning MVR
1165system.
1166In terms of EIS, Johannes triggered alerts six (6) times: on February 8, 2006, July 14,
11672008, January 11, 2007, May 21, 2007, December 29, 2007, and December 19, 2008. All of
1168these were considered “false alarms,” and no action was recommended and authorized. As noted
1169above, Johannes was caught lying during an official investigation and not disciplined at all
1170(Curtis). Then, in December 2011, two days after Christmas, he shot two black teenagers in a
1171crowded shopping mall parking lot. An independent witness refuted the basis for Johannes’ use
1172of deadly force on the victims, claiming no one was when he shot, but this crucial information
1173was ignored, and Johannes was exonerated. The victims have filed a civil rights lawsuit which is
1174being vigorously fought, costing the City of Little Rock more time, resources and money.
1175TABLE 4: Officer Christopher Johannes
1176Date Number Complainant Facts
11771/12/05 06-4558 Shawn Porter UOF after MVP, suspect refused to comply with commands and was
1178taken down with strong arm bar. Per EIS, Capt. Bartsch was assigned
1179investigator.
11803/18/05 05-29503 Michael Benedict UOF suspect pulls away during arrest and Johannes does strong arm
1181bar takedown, also forced against trunk.
11824/15/05 05-41559 Gregory Brown UOF arrestee forced to ground after he pulled a knife on officers.
11834/22/05 05-44673 Sheba Moore UOF OC to kicking arrestee female.
11845/30/05 05-3554
118505-60844
118605-60857
1187Victoria Avery
1188William Gray III
1189False arrest, excessive force. Johannes and Hill arrive, no fight. William
1190Gray keeps walking and pulls away. OC’ed and hit with baton in neck,
1191fell to ground and kicked. Kicked again after handcuffed. Johannes, Hill
1192and R. Littleton reports whited out where post-handcuff kicking
1193described. MVR audio “malfunction” due to POs being in close proximity
1194to each other. Victoria Avery “…nothing wrong with people making
1195mistakes. It’s just that they need to pay for them if they’re wrong.” 3
1196written witness statements provided by Avery disregarded by LRPD.
11977/17/05 05-83284 Terrence Stigall MVP pursued suspect approx 2 miles.
11989/6/05 05-105312 Sergio Jackson MVP pursued suspect that fled from him and UOF, pinned and
119924
1200handcuffed.
12019/11/05 05-107649 Candayce Tabron UOF female interfering with ongoing fight taken to ground with strong
1202arm bar and handcuffed.
12039/16/05 05-3628
120405-109686
1205Violated 1/3009.00, backed into pillar in a parking deck at 4th and
1206Broadway. SUSTAINED. 1 day susp. 12/22/05.
120711/12/05 06-134184 Jacob Kacena UOF “suspect was banging his head on the car and officer Johannes
1208administrated OC to prevent him from injuring himself.” Johannes EIS
1209says “injuries to subject were cause during prior incident.”
121011/25/05 05-3634 Sydney Macfoy Excessive force security room beating with lights turned off. Head put
1211through wall, forehead injured. Alleges he was hit after handcuffs
1212applied. POs say hit when he attempted to pull away. 4 strikes to
1213common peroneal. Victim said “I don’t want them to ever…have a
1214chance to do this to nobody else again.” Johannes claims lights went off
1215by accident and victim ran into wall himself.
121612/2/05 05-142446 Earl Perkins MVP pursued suspect that fled from him.
12172/21/06 06-20773 Grady Carnahan Arrested at zoo, pulled away, taken down. 3 knee strikes to peroneal
1218when suspect refused to give hands.
12195/6/06 EIS alert based on
1220use of force
1221Johannes triggers EIS based on UOF, but it is disregarded. “No
1222common theme or circumstance to uses of force.”
12235/8/06 06-52764 Calvin Tayborn Jr. POs approach traffic stop, Johannes did 2 knee strikes to peroneal while
1224commanding Tayborn to stop resisting.
12255/14/06 06-3747 Sheldon Wheaton Conduct unbecoming. Victim’s head slammed against car divider,
1226forehead injured. Df said something that pissed him off. Says Johannes
1227is “just trying to cover it up, its completely ridiculous.”
12286/3/06 06-78508 Reginald Surratt UOF.
12297/28/06 06-90156 Victor Bogan With leavy, off-duty at mall, suspect stole 2 pairs jeans. Johannes does
12304 knee strikes to peroneal.
123110/23/06 06-12784 Eddie Erwin Arm bar and pushed against wall and taken into custody.
123211/9/06 06-133853 Melvin Speed UOF
123311/14/06 06-136197 Chester Lee POs dispatched to check condition of subject, somehow fight starts and
1234suspect OC’ed and in custody.
123512/14/06 06-152148 Leslie Carter Female loitering, when POs tried to place her in cuffs, she pulled away
1236and POs “had to hold her head against the vehicle.” Later “noticed” blood
1237on car hood. Suspect had “small cut on lip.”
12381/11/07 07-3832 Henry Peer Theft of property $200. Johannes vehicle had no MVR video. Audio
1239recording malfunction. Johannes removes necklace and gives it back?
1240Johannes claims victim “automatically just became aggressive and he
1241was belligerent.” Johannes says new jail policy is to take personal items
1242in the field. Claims victim was “definitely intoxicated.”
12431/21/07 07-8212
124407-8183
1245Thomas Warborg Shotgun drawn, window smashed, df OC’ed and taken into custody.
1246MVR “malfunction.” Johannes ordered never to be in a car w/o
1247MVR unless first approved by a supervisor.
12481/23/07 07-8873 Heather Keeteon With Juston Tyer, responding to fight in progress, POs saw df arguing
1249with Travis Welch. Pulled out of car and arrested.
12502/11/07 07-15897 Calvin Williams Jr. UOF
12513/6/07 07-25588
125207-25562
1253Marcus Johnson With Ford. POs respond to assault call. Df arrested and taken to LRPD
1254for questioning. “…as they entered the interview room, Mr. Johnson took
1255an aggressive stance, doubled up his fist and refused to enter the
1256interview room.” Taken down, pinned and cuffed. No video of situation.
1257Suspect handcuffed at scene then not in handcuffs during use of force.
12583/28/07 07-35160 MVP. SUSTAINED. Letter of rep 6/12/07.
12594/10/07 07-40000 Ray Neal Passenger in traffic stop moved around and reached under seat.
1260Johannes took him out and while escorting df to vehicle, he “pulled away
1261and attempted to flee.” strong arm bar to ground.
12625/10/07 07-53865 Antoine Gibson Johannes attempting to arrest shoplifting suspect and df yelled at
1263Johannes to leave her alone. Johannes OC’ed.
12645/10/07 07-53888 Sandreia Simbler Tried to pull away as Johannes tried cuffing her. strong arm bar
1265takedown. Off-duty at Dillard’s.
12666/12/07 2 day susp. for an on-duty accident in the 400 block of Schiller St. but
1267details not available. SUSTAINED.
12687/10/07 EIS alert based on
1269use of force
1270Johannes triggers EIS based on UOF, but it is disregarded. “Each
1271and every incident was investigated fully and actions were
1272‘Exonerated’ in each and every case…”
12738/29/07 07-3933 Glen Ferguson UOF
12749/5/07 07-103606 Adrian Burks UOF when Johannes OC’ed suspect.
12759/22/07 07-3938 Kelly Smith Excessive force spitting suspect. Df spit at Johannes because of
1276taunting and then punched. No MVR in car and exonerated without
1277seeing video from NLRPD. Johannes “struck” Smith according to Sgt.
127825
1279Briggs. Johannes says he “instinctively pushed,” etc.
128010/17/07 07-115971 UOF
128112/6/07 08-3978? Violated 1/3009.00. SUSTAINED. 2 day susp notified 2/6/08.
128212/29/07 07-145791 Chris Simmons UOF discrepancy on whether suspect removed hands from pocket or
1283not, the basis for UOF. Johannes says yes, witness says no.
12841/13/08 08-5220 Larry Moore With Tyer, responded to disturbance when df began cursing and being
1285belligerent. Smelled of intox. Df became combative and tried to enter
1286home after fire. Small abrasion to L side of temple when taken down.
1287Johannes “gently pushed” df. MVRs not working.
12882/24/08 EIS alert based on
1289use of force
1290Johannes triggers EIS based on UOF, but it is disregarded. “Each
1291and every incident was investigated fully and actions were
1292‘Exonerated’ in each and every case…” “False alarm.”
12933/26/08 08-32234 Ynontha Carroll Df pulled over for speeding, red light and striking curb. While Johannes
1294tries cuffing df “lunged back and attempted to pull away.” Johannes
1295pinned df against car and took him down but car was never in park and
1296hit patrol car.
12973/28/08 Johannes wrecks another car but not suspended.
12984/9/08 08-37953 Reginald Travis Jr. Johannes responds to disturbance with a weapon. Johannes told df to
1299leave but he wouldn’t. Johannes started to cuff when df “pulled away and
1300refused to put his hands behind his back.” Struggle, df and Johannes
1301“slipped on wet boards of the front porch and fell to the ground.”
13024/10/08 08-4014 Demetrius Curtis Victim claimed Off. Temple punched him, smashed his head into a store
1303window and a police cruiser when arresting him for driving car with stolen
1304license plate. Johannes lies about knowledge of punch, and was
1305confronted during interview. 6 minutes of crucial MVR missing.
1306LRPD still concluded Curtis’ allegations were false and the officers
1307cleared. Yet city paid $10K to settle. 4:09CV519 DPM.
13084/22/08 08-43429 Hal Yarborough POs respond to disturbance and df was yelling and cursing out the
1309window. Df threw a drink at POs. strong arm bar, baton to peroneal.
1310Johannes OC’ed.
13116/1/08 Johannes named officer of month June 2008 per letter from chief.
13126/13/08 08-66302 Jared Sutton Off-duty at mall, Johannes saw df and woman in argument. Df threw her
1313between 2 cars. Johannes grabbed, threw against car and arrested.
13146/25/08 08-71509 Monica Williams UOF.
13157/3/08 08-75176 Latasha Briggs UOF.
13167/28/08 08-86915 Carlos Gomez Off-duty at mall, theft in progress call. Df pushed himself off of Johannes
1317in an attempt to flee. Johannes put him against wall. Strong arm bar
1318takedown and several knee strikes.
13198/12/08 EIS alert based on
1320use of force
1321EIS alert, but it is disregarded. McVay has “thoroughly reviewed
1322the incidences involving Johannes UOF…and have concluded that
1323no further action is necessary at this time.”
13249/10/08 08-105123 Jose Canales With David Wilson, traffic stop, df “cont to attempt to pull free” from
1325Johannes, cont struggling while Johannes tried putting in cuffs.
1326Johannes kneed df in peroneal.
132710/11/08 08-119041 Greg Mosley Johannes observed df on street unsteady, yelling and instigating a
1328conflict. Df “pulled away” and Johannes applied pressure to clavicle and
1329gained control.
133010/20/08 08-122350 Robert Martin With Leundra Davis, df was passenger in vehicle involved in MVP.
1331Defendant taken to ground and cuffed.
133212/1/08 08-139028 Andre Plummer Off-duty Johannes responds re. shoplifter at mall and sees df flee.
1333Johannes gave chase “and made contact with Mr. Plummer when he fell
1334to the ground.” Several/2x knee strikes to R side of body and applied
1335pressure to R mandibular angle with L hand.
13364/2/09 EIS alert based on
1337use of force
1338Johannes triggers EIS, but it is disregarded. Supervisor says
1339Johannes “will continue to be flagged by the system on a regular
1340basis” but since all UOF were exonerated, nothing to indicate
1341Johannes should be a “concern.”
13428/31/09 09-100505 Bill Bailey UOF
134310/4/09 09-114059 Roy Richards UOF
134410/9/09 09-4265
134509-116191
1346Zachary Tyner Excessive force shopping mall ban, tackled 2x, choked and knee strike
1347to ribs but not in mall camera view. Witnesses say Johannes “rough”
1348and “too aggressive” and victim resist or struggle. Witness says victim’s
1349face was purple. Head of mall security is former LRPD officer.
135010/14/09 09-117998 Jessica Christy Victim has DUI, Johannes and J. Hastings OC, tackle, leg restrain her
1351during arrest. Scratches to her face. No video.
135211/8/09 09-4283 Brittany Oden Victim says Johannes was fabricating things that she did in front of POs
1353while detained. Husband says POs followed them in car saying they
1354looked suspicious.
135526
13563/15/10 10-26278 Anthony Johns Victim loitering at store when previously banned and Johannes gives
1357chase. Johannes caught Johns but then Johns reached for waistband
1358and Johannes swung at victim’s torso but he moved so Johannes
1359punched L side of face and victim then fell to the ground. Johannes did
13603-4 PPCT knee strikes to victim’s L common peroneal.
13613/23/10 10-29331 Leon Eskridge Mentally ill man swings bat at POs and is beaten.
13623/25/10 10-29730 Jamaal McJunkin Fight at Underground Pub, Johannes uses baton in L common peroneal.
13634/23/10 EIS alert based on
1364use of force
1365Johannes triggers EIS alert for 7 UOF in 1 year, but it is
1366disregarded. 32 UOF in past 3 yrs. 69 UOF through 6/10/10. Later,
1367on 6/10/10, Sgt. Sue Johnston stepped in and recommends cursory
1368counseling.
13699/24/10 Completes defensive driving course. Johannes approved by chief to
1370drive LRPD vehicles.
137112/27/11 11-4540
137211-140828
1373Joseph Williams Shoots up car in shopping mall parking lot, 12 shots. Johannes
1374says she was “in dead center of vehicle’s path” and he was in
1375danger too, so he fired 12x. He didn’t fire until the car pulled
1376forward. Victim says no one was in front of him when he drove
1377forward. Security guard refutes Johannes; she and Johannes were
1378“clearly out of the way” of the car when it went forward.
13793/31/12 12-33668 Joe Thompson Johannes claims “disorderly conduct, hostile demeanor towards officers,
1380and refusal to comply with their lawful orders” when placing Arkansas
1381Surgeon General under arrest. Victim “tensed up and pulled away” and
1382was thrown down and handcuffed. Victim denies resisting.
1383Officer Walker Johnston
1384Officer Johnston was hired by the LRPD on March 17, 2006, and accrued three sustained
1385violations of police policy–one of which resulted in an escaped prisoner–by the end of the
1386calendar year. Then, Johnston triggered seven (7) EIS alerts for uses of force in a mere three (3)
1387years. All of them were deemed “false alarms” by the LRPD, and no action was taken. Then, on
1388June 1, 2010, Johnston shot multiple times at narcotics suspect, Carlos Thurman, after he
1389claimed Mr. Thurman pointed a gun at him while fleeing. While he missed Mr. Thurman each of
1390the several times he shot, a nearby home was hit with his bullets. Mr. Thurman claimed he was
1391not armed. Johnston notched two (2) more alerts (for a total of (9)) before he shot Jerron Taylor,
1392a 19-year-old black male, on July 18, 2011.
1393TABLE 5: Officer Walker Johnston
1394Date Number Complainant Facts
139510/23/06 06-126893 Darrell Artis MVP.
139611/13/06 06-103 Imp. handcuff/escaped prisoner (counseling).
1397SUSTAINED.
139811/27/06 06-141407 MVP, fai to active MVR during MVP (counseling)
1399SUSTAINED.
140012/19/06 06-150334 Kenneth Payne MVP .
140112/31/06 07-009 MVP, GO 302 (oral) SUSTAINED.
14021/29/07 07-3836 Michael Barbee MVR violation (counseling) SUSTAINED.
14033/5/07 07-25110 Glen Dean MVP, UOF. .
14043/10/07 07-27296 Patrick Brown MVP, UOF.
14055/4/07 07-51202 Gloria Weatherspoon UOF.
14065/31/07 07-63621 James Brown Sr. UOF.
14076/29/07 07-77213 Jamelle Arnold UOF while victim handcuffed. .
14087/12/07 07-83576 Jerri Hodge UOF psych .
14099/24/07 07-116730 Gregory Williams MVP, UOF.
14109/27/07 07-118008 Devon Hansberry UOF.
141110/19/07 07-127718 Paul Goolsby UOF where inmate “ran into door.” .
141211/2/07 07-133369 Matthew Barnett UOF with Kelly Lepore. .
141311/11/07 07-3962 Discharge firearm on animal. .
141412/3/07 EIS alert based on use of force False alarm. No action taken.
141512/21/07 07-152830 Billy Simmons MVP, UOF. .
141612/23/07 07-153665 Ricky Neal UOF.
14171/7/08 07-153665 UOF.
141827
14191/8/08 07-152830-2 UOF.
14201/10/08 EIS alert based on use of force False alarm. No action taken.
14211/18/08 08-031 Violation of GO 302, MVP (oral) SUSTAINED.
14221/18/08 08-7756 MVA.
142308-026
14242/28/08 08-4005 MVP, violations of GO 302, 3009, 3009.01, 4003 (let rep)
1425SUSTAINED.
14263/1/08 08-22645 Larry Williams UOF, illegal search/seizure.
14273/8/08 08-25258 Derrick Hodges UOF, OC
14283/15/08 08-28030-2 Danta Smith UOF (baton x 2 “fluid shockwave strikes”).
14293/26/08 08-22645 UOF.
14304/4/08 08-25258 UOF.
14314/16/08 08-41251 Charles Buckner UOF, punch.
14324/22/08 08-28030-2 UOF.
14335/7/08 08-41251 UOF.
14345/11/08 08-51843 Leslie Marks UOF, punched in face/palm heel brachial stun.
14355/11/08 08-51766 Juan Sanchez UOF, punched..
14365/11/08* 08-036 Violations of MVR, GO 316, fail to check battery (oral)
1437SUSTAINED.
14385/22/08 08-51843 UOF.
14395/28/08 08-51766 UOF.
14405/29/08 08-59772 MVA, not looking. SUSTAINED.
14416/9/08 EIS alert based on use of force 18-0 in last 18 uses of force. False alarm. No action
1442taken.
14436/13/08* 08-4033 Carolyn Dawkins RU, profanity (discipline not required) SUSTAINED.
14446/28/08 08-73105 Byron Wilbert UOF (baton x 2, OC, punch to neck).
14457/2/08 08-75017 Christopher Raper UOF.
14467/20/08 08-83385 Nicolas Long, Chad Bartelt UOF, OC.
14477/24/08 08-4055 MVR violation (let rep) SUSTAINED.
14488/16/08 08-94461 Jamie Budd UOF, OC.
14498/23/08 08-93560-2 Christopher Cleveland MVP, UOF.
14509/10/08 EIS alert based on use of force False alarm. No action taken.
145111/12/08 08-13211 Christopher Jones UOF, OC, handcuffed victim. .
145211/14/08 08-132854 Art Downs UOF.
145312/19/08 08-4113 Julian Jones Harassment, theft of prop > $500.
145412/25/08 08-148261 Johnathan Graydon UOF, punched, OC while victim handcuffed..
14551/12/09 EIS alert based on use of force 25-0 in last 25 uses of force. False alarm. No action
1456taken.
14571/21/09 09-7725 Patrick Leonard UOF, OC, tackle..
14581/29/09 09-10479 Lawrence Childress UOF.
14592/18/09 09-4150 MVP violations (1 day susp); SUSTAINED.
14602/24/09 09-20145 Jacqueline Lightner UOF.
14613/22/09 09-30530 James Maxwell UOF, MVP.
14624/9/09 09-38053 Brandon Caffey UOF.
14634/17/09 09-41537 Matthew Cheatham UOF, taser.
14645/12/09 EIS alert based on use of force 32-0 in last 32 uses of force. False alarm. No action
1465taken.
14665/20/09* 09-55882 Earnest Jefferson UOF, tackle.
14675/30/09 09-055 Stolen city property, GO 108.
14686/11/09 09-65787 Thurston Harris UOF, OC.
14697/26/09 09-85285 Darnell Britt UOF on juvenile.
14708/11/09 09-92087 Franklin Warfe UOF, OC, tackle.
14719/23/09 09-109900 Nikista Jackson UOF, OC, punch x 5.
147211/3/09 09-126378 Christopher Higgins UOC, K-9, MVP.
14732/4/10 EIS alert based on use of force 38-0 in last 38 uses of force. False alarm. Sgt. Phillips
1474recommends no action, Capt. Bartsch concurs.
14756/1/10 10-4352 Carlos Thurman Police-involved shooting. LRPD investigation:
1476EXONERATED.
14773/28/11 11-4447 Robert Wooten Rude/unbecoming, cite w/o cause, MVR SUSTAINED.
14785/6/11 11-54194 Lost city ID card, violation of GO 108 (counseling)
1479SUSTAINED.
14807/18/2011 11- Jerron Taylor LRPD investigation: EXONERATED.
148128
1482Officer David Green
1483On September 10, 2007, after a fifth domestic abuse complaint against Officer David
1484Green, the police chief reviewed the complaint allegations and investigation reports, and
1485acknowledged what was plain: “Green has a history of domestic issues….”11 Yet, rather than
1486terminate Green outright for this identified pattern of abuse and violence, he recommended
1487Green be “cautioned.” Following this inappropriate and ineffective discipline, and as illustrated
1488below in Table 6, Green would go on to be involved in two (2) more domestic abuse situations,
1489two (2) more police-involved shooting/in-custody death incidents, and an excessive force
1490incident where he was videotaped beating a handcuffed suspect while yelling racial obscenities.
1491Green currently patrols the streets of Little Rock.
1492TABLE 6: Officer David Green
1493Date Number Complainant Facts
149410/29/95 95-2031 Gabe Hannahs S/S, profanity, vehicle damage
14954/8/96 96-2102 Rosetta Williams S/S, theft $140
14965/22/96 96-2154 Kenya Black Theft of $11K in property
149711/8/96 96-2181 Raricos Batten EF (struck on head with weapon), profanity
149811/26/96 96-173917 MVA $1100
14992/6/97 97-2214 Police-involved shooting.
15004/5/97 97-2229 Fight with girlfriend, LRPD called, RR 4002, 4003
1501SUSTAINED- 3 days susp
15028/9/97 97-2289 Denise White Rude/unbecoming- but counseling on citizen contact
15038/16/97 97-2280 Earl Moore Jr. Rude/unbecoming- but counseling
15043/4/98 98-31707 MVA, $25
15059/8/99 99-83 MVA, RR 3009 SUSTAINED- oral
15062/22/00 00-2573 Vellis Redden Rude/unbecoming-
15073/6/00 00-021 Missed court. SUSTAINED- oral
15087/2/00 00-062 Inappropriate language on MVR. SUSTAINED- counseling
15099/4/00 00-043 MVA with bicycle, $80 total.
151011/9/00 01-017 Missed court, 8007, 3rd offense SUSTAINED- 11/20/00 letter of rep
15113/20/01 01-018 MVA $700 total, 3009 SUSTAINED- 4/26/01 letter of rep
15126/8/01 01-2806 Vernon Mull Rude/unbecoming, improper investigation
15137/27/01 01-2820 Kim Green Domestic disturbance with wife, LRPD called, criminal investigation, 4001,
15144002, 4003 SUSTAINED- 3 day susp
15153/6/02 02-2911 Kim Green Domestic disturbance/abuse
15167/11/02 02-3161 Release of unauthorized information
15178/19/02 ***Lt. Hudson recommends Green be assigned as an FTO mentor.
15183/12/03 03-032 Damage to city property, RR 3009 SUSTAINED- 3/21/03 oral
15196/29/03 03-3200 Kim Green Disturbance with ex-wife in uniform in presence of public, at nightclub,
15204003 SUSTAINED- 5 day susp
15218/29/03 03-3245 Conduct unbecoming, parking violation, profanity, dereliction of duty, 4001
1522SUSTAINED- 11/26/03 LOR
152310/23/03 04-3331 MVA, damage to city property, 3009 SUSTAINED- 5/5/04 letter of rep
15242/23/04 04-22066,
152504-1670
1526Marc Harris Deadly force with Harmon, Robinson: LRPD investigation:
1527EXONERATED.
15282/23/04 04-3317 Police-involved shooting, GO 303.
15293/21/05 Green recommended to be driving school instructor
15304/21/05 05-3569 Bennie Gibson Rude/unbecoming- with Greg Smith, Ryan Hudson
15314/21/05 05-3535* Oak Forest Cleaners IA initiated by chief for conduct unbecoming, 4002
1532SUSTAINED- 2 day susp
15335/5/04 04-3379 Rhonda Creech Excessive force.
15345/13/04 04-3361 Police officer disturbance SUSTAINED- 11/13/05 letter of rep
153511/11/04 04-3453 Miranda Goings Rude/unbecoming, improper investigation
15365/13/05 Green and another LRPD officer in fight in bar with patrons and outside
1537with bar employees, 4003 SUSTAINED- letter of rep 11/10/05
153811 See LRPD memorandum regarding Officer David Green history of domestic abuse, which is enclosed.
153929
15408/2/05 05-214 Violation of GO 316/failure to activate microphone SUSTAINED- 9/13/05
1541doc counseling
15421/20/06 06-023 MVR/failure to activate microphone SUSTAINED- 2/7/06 letter of rep
15431/29/06 06-3657 Brandi Mojica Rude/unbecoming, MC off-duty violations, failure to submit 5500-10 and
15445600-86 forms, failed to call in for off-duty work, GO 210 SUSTAINED- 2
1545day susp
15462/7/06 06-016 Violation of GO 302II5 & 302II5C SUSTAINED- 2/23/07 oral
15472/10/06 06-021 Melba Ramsey MVR/GO 316 S – 2/6/06 oral
15482/16/06 06-3681 Failed to return replacement badge from 1997 after locating original badge
1549and then failing to report losing the replacement badge, GO 108, 3010
1550SUSTAINED- 2 day susp
15514/12/06 06-3702 Carolyn Gray Rude/unbecoming- during accident investigation
15525/22/06 06-3742 Melba Ramsey Inadequate investigation
15538/22/06 06-104515 MVA/MVP
15549/21/06 Green recommended for driver instruct school
155510/21/06 06-040 MVA SUSTAINED- 12/8/07 oral
155612/26/06 06-153044 MVA
15572/4/07 07-3843 Failure to make police report working off-duty SUSTAINED- 6/12/07
1558counseling
15597/7/07 07-3907 Terry Mudge UOF
15609/7/07 07-108879 Andrea Stephens
1561(ex-girlfriend)
1562Green threatens to damage ex- girlfriend’s car, Chief agrees with no
1563further action but says “Green has a history of domestic issues and is to
1564be cautioned” (CHIEF AWARE OF HISTORY AND DOES NOTHING.) Exgirlfriend
1565opts not to file complaint.
15663/6/08 08-4007 Phillip Robinson Missing property, fail to store property, RR 4001.03 with Christ
15677/5/08 Green transferred to the Extended Leave Unit of the support services
1568division and currently on restricted duty assignment.
15698/14/08 08-4058 Timothy Johnson Deadly force, police involved shooting E 12/23/08
157010/15/08 08-4085 Hillery Gray Imp. stop, detain w/o cause, Temple, Maack
15711/22/09 10-007,
157210-7607
1573Escaped prisoner, violation of GO 306 SUSTAINED- counseling
15743/2/09 09-063 Missed firearms qualifications, GO 207 SUSTAINED- counseling
15754/9/10 10-4356,
157610-35900
1577MVA with 2nd police car, violations of GO 302, 3009, found to have been
1578driving over 100 mph SUSTAINED- 1 day susp 7/20/10
15794/13/10 10-4336 Domestic disturbance with wife at residence, LRPD called, conduct
1580unbecoming, 4003, SUSTAINED- letter of rep 7/14/10
15817/8/10 10-057,
158210-74044
1583Failure to notify communications of Code 3 response, reckless driving, GO
1584302 SUSTAINED– letter of rep 8/3/10
15858/26/10 10-93864 MVA with 2nd police car
158610/26/10 10-087,
158710-118447
1588MVR violation, GO 316 SUSTAINED- counseling
158912/29/10 11-003 Violations of MVR GO 316 SUSTAINED- oral rep 1/20/11
159011-4538 UOF, excessive force with Renar Benson
15911/18/11 11-004 MVA backed car into pole, 3009 SUSTAINED– letter of rep
15921/28/11 11-012 MVR violation, failed to activate mic. SUSTAINED – letter of rep 2/25/11
15933/6/11 11-4443 Fitzgerald Moore Missing money and wallet with Brandon Smith
15943/16/11 After MVP failed to conduct proper veh search and store items, GO 305
1595SUSTAINED– letter of rep 6/15/11
15969/17/11 11-4511 Sara Green Disturbance with estranged wife at the Valero which resulted in her
1597sustaining scratch to face when Green reached into her window as she
1598tried to drive off, CU, 4002, 4003 SUSTAINED- 15 day susp
159912/10/11
16005/22/12?
160111-4538 Anthony Wheeler
1602(Hall video)
1603Excessive, unnecessary force, untruthfulness, violation of GO 303, 4001,
1604dereliction of duty, 8005, suspect was in custody and handcuffed
1605SUSTAINED- 30 day susp
16061/19/12 Reported another lost badge on 1/19/12, stated hadn’t seen it since
160710/1/11. 2nd time Green claims missing badge, 3009
16087/7/12 Death in custody with Kelly Lepore and others. LRPD investigation:
1609STATUS UNKNOWN
1610By the time Green was involved in a July 7, 2012 in-custody death, he had amassed at least
1611thirty-six (36) sustained misconduct allegations, resulting in sixty-three (63) days of suspension,
1612eight (8) counseling sessions, twelve (12) letters of reprimand and seven (7) oral reprimands.
1613This is very weak discipline for a violent repeat offender like Green, and it obviously had no
1614effect.
161530
1616Lt. David Hudson
1617In short, Lt. Hudson cannot control his temper, and likes to punch people for no good
1618reason. He has also been accused of theft on several occasions, with one of them resulting in
1619restitution. Remarkably, despite his violent and immoral tendencies, from 2006 to 2010, Hudson
1620was actually a member of the DFRB. And despite his later defense to punching Chris Erwin,
1621there were apparently no issues identified with his lack of training for his DFRB role which,
1622among other things, had him reviewing an officer’s “adherence to training” and “adequacy of
1623training.”
1624Even more unbelievably, on the DFRB, Lt. Hudson advises on the adequacy of
1625supervision and investigation, even though in 2006, when he learned that several drunk, off-duty
1626LRPD officers viciously beat a Little Rock citizen while they were tailgating at an Arkansas-
1627LSU football game, he helped the officers cover it up. They were undoubtedly aware of Lt.
1628Hudson’s history of violence when they called him, and, as hoped, he conspired with the rogue
1629officers, and never reported the incident. This breach of public trust was only discovered by the
1630LRPD when the victim meagerly came forward. Still, Lt. Hudson was merely disciplined with a
1631letter of reprimand, and continued his supervisory duties as a high-ranking lieutenant on the
1632DFRB. Note that most of the records containing Lt. Hudson’s history prior to 2006 have been
1633destroyed per LRPD policy so Table 7 below is woefully incomplete.
1634TABLE 7: Lt. David Hudson
1635Date Number Complainant Facts
16369/1/83 83-932 David Reed Hudson strikes David Reed with open hand while out of assigned district.
1637There were other citizen witnesses to incident that observed these
1638actions. Violations of 4002.00, 2003.00, 5009.00, 4001.07, 4006.00. 10 days
1639susp. SUSTAINED.
16405/2/86 33 MVA, too fast for conditions. 2 days susp. SUSTAINED.
16418/5/87 87-1229 Misconduct.
164211/24/87 122 5 days in December 1987 for MVA SUSTAINED.
16439/15/88 88-1294 Misconduct.
16442/2/89 89-1320
16454/22/91 295 1 day in April 1991 for MVA, violation of 1/3009.00. SUSTAINED.
164611/26/93 93-1811 Bobby Francois Hudson punched victim. Misconduct. Physical and verbal abuse.
164710/19/95 95-2031 Gabe Hannahs Misconduct. Illegal search and seizure. Victim stopped and detained for no
1648apparent reason, vehicle damaged, handcuffed, weapons drawn, profanity.
16495/22/96 96-2154 Kenya Black Misconduct. Theft: complainant claims that $11,629 worth of property went
1650missing during the execution of a search warrant.
16517/23/96 96-2131 Lois Clark Misconduct. Theft $2400 jewelry during search and seizure warrant.
165210/23/96 96-2171 Gary McDaniel Misconduct. Theft of $100 bill from wallet following execution of search and
1653seizure warrant. Outcome: MC– inappropriate handing of money” violation of
1654GO 304IIB5. Victim reimbursed $100, counseling.
16557/20/00 00-2650 Traffic ticket altering.
16566/20/06 06-3748 Hope Davis 3 white females allege illegal s/s cars, persons and purses. Hudson makes
1657threat re. if they come back to LR, then “get the fuck out right fucking now.”
1658LRPD investigator belittles her complaints. “Anything else he did?” victim has
1659anxiety attack & taken to hospital. No one has MVR on.
1660July 2006 Misconduct. Theft: July 1996: complainant claims that $2400 worth of jewelry
1661went missing during execution of search and seizure warrant. Outcome: not
1662sustained.
166311/24/06 06-3811 Justin Gill Hudson learns that LRPD officers beat victim at an Ark/LSU game and does
1664not report it. Says he did not know that situation warranted it. Hudson’s failure
1665to supervise was SUSTAINED. Disciplined with letter of reprimand. Several
1666officers mildly disciplined for failure to notify supervisor, discredit to
1667dept. but all excessive force allegations NOT SUSTAINED.
166812/18/06 06-3819 Jay Parks Hudson punches victim when angered by sarcastic remarks. Victim was
166931
167006-149972 then pushed into a friend’s crotch and taunted as being gay. Victim picked
1671up and thrown into a door 3x, roughed up more outside. Hudson claims victim
1672lunged at him while he was picking up money, causing him to fall. Parks’ head
1673was injured when he was restrained. No MVR.
16742/15/07 07-3863 Deshawn Porter Hudson punches victim during dubious arrest. Victim claims he was
1675tackled, dragged, punched and kicked approaching uncle’s home. No
1676MVR because complaint made after 30 days. Hudson’s 4/20/07 statement not
1677recorded due to tape malfunction, taken later. POs claim victim surrendered
1678without resistance and no force was used; therefore, no UOF report made.
16796/1/07 07-39 Misconduct. Theft: “lost or stole property Glock model 22 .40 pistol and clock
1680paddle holster.” Letter of reprimand is discipline. SUSTAINED.
168112/12/07 07-149429 MVA
168210/30/09 09-4285 Ralph Jackson Sr. Victim “thrown to the ground and spit on by Lt. Hudson.” J. Bartsch drafts
1683memo in favor of Lt. Hudson. Withdrawn after 25 days in the hole. MVR
1684issues, “somewhat limited.”
168511/24/09 09-43 MVA. SUSTAINED.
16862/7/11 Chase Cooper Hudson punches 21-year-old patron while working off-duty security at
1687Ferneau’s restaurant. Charges victim with battery.
168810/29/11 11-4523 Chris Erwin Hudson punches patron while working off-duty security at Ferneau’s.
1689Victim charged with battery which is dismissed by court based on video.
1690Officer Josh Hastings
1691The son of a Capt. Terry Hastings, Josh Hastings (Hastings) was by all accounts not a
1692strong candidate for the LRPD. After failing a polygraph, Hastings finally admitted to attending
1693a KKK meeting two years before he entered the academy. African-American LRPD officers
1694strenuously voiced their objections, calling Hastings a “potential liability,”12 but he was hired
1695nonetheless. Hastings committed all kinds of misconduct (dereliction of duty, excessive force,
1696profanity, reckless driving, failure to communicate, loafing, disengaging his video camera,
1697untruthfulness, disobeying direct orders, missing court, failing to submit report regarding a dead
1698body, etc.) during his short career, until he shot and killed 15-year-old African-American Bobby
1699Moore, who he falsely claimed was trying to run him over in a car. Even though the LRPD was
1700forced to finally terminate him in 2012, it literally took the life of a young boy to make it happen.
1701The unsuccessful criminal prosecution of Hastings may also be reflective of the problems
1702in Little Rock, generally. Critics report the prosecutor’s office–which works in tandem with the
1703LRPD in criminal trials and which does not request Brady lists of untruthful officers–did not
1704desire to prosecute Hastings, and gave a half-hearted effort. The first jury impaneled contained
1705zero African-Americans. The second jury contained two. Both juries were hung, resulting in
1706mistrials, and the prosecutor’s office announced it would not seek to re-try Hastings. Currently,
1707unbelievably, Hastings has begun laying the groundwork to get his old police job back.
1708TABLE 9: Officer Josh Hastings
1709Date Number Complainant Facts
17105/18/06 After failing police recruit polygraph, J. Hastings admits to attending
1711KKK meeting with friends a couple of years prior. Still hired.
17121/25/07 African-American Lt. Johnny Gilbert drafts memo stating Josh
1713Hastings is not fit to be police officer for moral, aptitude reasons.
17143/26/07 Chief Thomas approves J. Hastings' employment.
17152/7/08 08-014 Violation of GO 316, MVR. Counseling 2/22/08. SUSTAINED.
17163/1/08 Hastings "continues to have problems in writing police incident reports.
1717I have again spoken with PPO Hastings about this issue.”
17187/4/08 Hastings released a possible suspect following a burglary, failed to
171912 See LRPD Memorandum written by Lt. Johnny D. Gilbert, an African-American officer, which is enclosed. The
1720disregard of Lt. Gilbert’s prophetic warnings demonstrates the lack of clout black supervisors possess at the LRPD.
172132
1722properly store the driver license in suspect veh and failed to notify
1723CSSU. IA #08-4074
17248/7/08 08-074 Improper investigation, improper storing, failure to notify CSSU to
1725process vehicle. 1 day susp. 12/1/08 SUSTAINED.
172610/9/08 08-0075 Viol of GO 110A, missed court. Letter of counseling 10/26/08.
172711/17/08 DI order into allegations hastings failed to submit reports on several
1728calls for service in which he responded, coded calls which should not
1729have been coded and submitted incorrect reports.
173011/24/08 Letter of suspension (1 day) for violation of 304IB, 305IIC1, DOP
17315500-8IIA3.
173212/31/08 PO eval. 74% Hastings "has shown problems with writing and turning
1733in reports in a timely manner. Hastings has been counseled and is
1734working hard to improve."
17352/6/09 Letter of reprimand from Dustin Robertson for violation of 301IIIB1,
1736301IIF3
17374/1/09 J. Hastings named April 2009 officer of the month.
17385/13/09 09-52433 Mario Greer UOF with Koehler.
17395/20/09 Sgt. McVay memo re. EIS alarm for UOF. He has concluded that no
1740further action is necessary at this time." Should be considered a "false
1741alarm."
17425/31/09 09-607-83 Felicia Young UOF.
17436/8/09 08-4100 Failure to write and submit reports, inadequate coding and incorrect
1744reports. Letter of rep 2/9/09.
17457/17/09 09-058 Failure to report UOF to supervisor (GO 303IV1). Oral rep 7/29/09.
1746SUSTAINED.
17477/17/09 09-81626 Cleavone Dixon UOF
17488/8/09 09-064 Violation of 3009.00, property damage. Counseling 8/29/09.
1749SUSTAINED.
17508/12/09 09-92562 Gabe Hannahs UOF
175112/2/09 09-137157
175209-4313
1753Violation of 3009.00, MVA. Lost control on wet pavement causing car
1754to hit guardrail several times. 1 day susp (4/13/10) SUSTAINED.
17551/24/10 10-8330 Perry Echols UOF with Thomas Moore. Hastings used OC while df in squad,
1756presumably cuffed.
175710-4383 Reckless driving, failure to communicate, insubordination. 10 day
1758susp. SUSTAINED.
17592/6/10 10-12756
176010-0010
1761MVP and profanity at suspect, violation of 4001.00, profanity. Letter of
1762rep (3/5/09). SUSTAINED.
17632/14/10 10-15337 John Siitonen UOF with Sexson.
17643/1/10 Violation of 4001.09 profanity. Letter of reprimand
17653/6/10 10-22452 Brandy Ford UOF with Stanchak.
17663/23/10 10-29331 Leon Eskridge UOF with Johannes and B. Smith. Mentally ill suspect with bat.
17673/25/10 10-29730 Jamaal McJunkin UOF with Johnannes, fight at Underground Pub.
17684/5/10 Letter of suspension (1 day) for violation of 3009 improper
1769handling/negligent handling.
17704/13/10 Sgt. Young memo re. EIS alarm. 10 UOF in last year. 19 UOF and 14
1771MVP total. average is 1 UOF every 3 wks. Hastings "young and
1772energetic and hard working" "I have reviewed the file information and
1773find no pattern of behavior or actions that cause me to be concerned
1774with Off. Hastings performance."
17754/18/10 10-39604 Carl Walker UOF after call to check condition.
17764/30/10 Rowan memo to chief re. Young figures incorrect. 21 UOF, 15 MVP, 6
1777DI. "I believe Off Hastings needs additional monitoring and
1778intervention by his supervisors. Rec "bi-weekly employee counseling
1779sessions with his sgt and that bi-weekly supervisor progress reports
1780be submitted through his chain of command documenting these mtgs
1781and Off. Hastings progress for a period of at least 6 mos from 5/1/10. I
1782believe this recommendation is consistent with the intent of the EIS
1783and is in the best interest of Off. Hastings and the LRPD."
17846/4/10 Snook memo EIS session 2 progress report. J. Hastings returned to
1785work 6/1/10, called in sick 6/2/10 and returned 6/3/10. No incidents of
1786importance to report. Performance at an acceptable level.
17876/18/10 Profanity during field sobriety test. SUSTAINED.
17886/13/10 Snook memo re. reviewing the IA Pro re. Hastings UOF from 1/24/10
1789to 4/18/10. "None of these uses of force create any additional concern
1790than what is already being addressed from his last eval."
17917/4/10 Young memo re. J. Hastings not following instruction to remain below
179285 mph. Was in MVP which resulted in suspect crashing car into
1793Children’s Hospital.
179433
17957/8/10 Young memo re. EIS mtg. J. Hastings over 85 mph ruled justified.
1796Hastings "has been given a direct order to remain below 85 mph."
17977/22/10 Young memo, during last 2 wks, Hastings was the subject of 2
1798disciplinary files.
17998/11/10 UOF. J. Hastings uses force on double-amputee. Writes moronic
1800report re. guy with “hooks for hands,” claims they are deadly weapons.
18018/12/10 Hastings "disregarded on running code by a fellow supervisor during
1802this wk; however, Hastings continues to have a positive attitude.”
1803Discussed use of force with guy with hooks with Hastings and
1804reviewed what objects should be considered deadly weapons.
18058/14/10 Young memo re. chief requiring J.Hastings to attend remedial
1806Training Recruit Class #70, UOF. J. Hastings complied and completed
1807his training requirement.
18088/16/10 Letter of reprimand for violation of 4001.09 re. profanity during field
1809sobriety test.
18109/23/10 Letter of suspension (10 days) for violation of 300VID, 302IA, 302IC1,
1811302III1, 5006, DOP 5500-3IIIB1, DOP 5500-4IIA1, IA #10-4383.
181210-33786 Carolyn Armstrong UOF. “Reason for use-of-force: Mental.”
18135/8/11 Failure to activate MVR
18145/26/11 Letter of reprimand for violation of 316IIID, failure to activate body mic
1815on 5/8/11.
18166/24/11 Letter of reprimand for violation of 4002, 4006 on 4/9/11 re. conduct
1817unbecoming and taunting during UOF arrest.
181810/13/11 Letter of suspension (1 day) for violation of 316IIID on 8/6/11. "You
1819have been disciplined on 3 prior occasions for similar violations."
182012/3/11 City atty Carpenter memo re. J. Hastings missed court dates for
1821prosecution, identifies a “frequency here [with missed court dates] that
1822has caused problems for this office.” DWIs dismissed, drunk drivers
1823go free.
182412/12/11 Letter of reprimand for failure to timely submit report from 11/9/11
1825dead body call (2 wks late) in violation of 301IIIF3 and DOP 5500-
18269IIIA4.
18272/24/12 Letter of suspension (6 days) for missing court dates in violation of
1828110IA.
18293/5/12 Found asleep in car behind Second Baptist Church while LRPD
1830looked for him, called him several times.
18314/20/12 Letter of suspension (15 days) for violations of 4002, 5020, and
18325020.01 when found asleep in parked squad while another PO and his
1833supervisor were trying to contact him.
183412-00027 Melvin Bradford Dereliction of duty and untruthfulness with David Moore.
18355/1/12 Hastings report (not in his pen) to Sgt. Parker re. off-duty work.
1836Supervisor approves off-duty work despite it being a violation of GO
1837210 based on officer’s disciplinary status.
18388/12/12 Bobby Moore J. Hastings shoots and kills 15-yr-old Bobby Moore and concocts
1839false story to justify killing.
18408/28/12 Sgt. Parker memo re. notifying Hastings of 6 day suspension (why
1841necessary?)
18423/15/13 10-4323 Cedric McSwain Failure to document UOF, UOF.
1843On May 7, 2013, after the shooting of Bobby Moore, and after being shown the array of
1844official LRPD documents which comprise Hastings’ misconduct file, Capt. Hastings was asked
1845about his son’s performance as a Little Rock police officer. Incredibly, without missing a beat,
1846he responded “I think he was a very good officer.” He then complemented his son’s “work
1847ethic,” when just prior to his shooting of Bobby Moore, Hastings was literally found asleep in his
1848squad car behind a church, during his on-duty shift, while his partner and dispatch searched for
1849him. Capt. Hastings’ opinions of his son are absolutely delusional, but they accurately reflect the
1850current state of affairs at the LRPD. Simply, the LRPD is a department that prefers to bury its
1851head in the sand rather than address glaring police misconduct. This results in death, serious
1852injury and incarceration13 for the citizens of Little Rock, ad nauseum, especially black citizens.
185313 When LRPD officers engage in excessive force and kill a Little Rock citizen during a claimed felony, they often
1854will charge the decedent’s accomplice with felony murder, and that person then does the time for the shooting.
185534
1856Former police chief, Stuart Thomas, sat through the entirety of all depositions in Ellison,
1857and signed off on all DFRB reports and EIS recommendations. He has been aware of all of this
1858from the start, and it was further explained and cataloged for him at his deposition, using LRPD
1859internal documents as exhibits. When he was asked if he was surprised by anything he heard–be
1860it that McCrillis walked in to Mr. Ellison’s home because he was “mouthy,” be it that Lucio
1861testified that Mr. Ellison was not a threat, or even that Lesher could have walked away from Mr.
1862Ellison rather than shooting him–he unequivocally stated “no.” When asked if he heard anything
1863that sounded inconsistent with the quality of police training provided by the LRPD, he paused,
1864looked skyward, and responded “I don’t necessarily know that I did.”
1865Concerned Little Rock Citizens Support a DOJ Investigation of LRPD
1866It is important to note that, while presented in statistical form, the above use of force
1867victims are not merely numbers. To be sure, each of the 250 or so people identified above (as
1868well as the many who are not identified) signifies a potential, if not likely, improper use of force.
1869Worse yet, when these victims’ complaints are disregarded and jettisoned, the result is not only
1870justice denied, but also the perpetuation–especially within the African-American community–of
1871humiliation and hopelessness, which are detrimental to the City of Little Rock and to the human
1872spirit. The current atmosphere simply must change.
1873There is therefore a strong desire in Little Rock to for a federal investigation of the
1874LRPD’s practices. I have conferred with the NAACP-Little Rock Branch President, Dale
1875Charles, I can report that not only does that organization support the request for a DOJ pattern
1876and practice investigation of the LRPD, but it intends to make its own formal request. Moreover,
1877my office and the NAACP are currently circulating a petition among the citizens of Little Rock,
1878which will further show the need. We will forward it to your office when it is complete.
1879African-American Little Rock civil rights leader and attorney, John W. Walker, supports
1880the request for a pattern investigation “without any hesitation whatsoever.” Former county
1881judge, Hon. Marion Humphrey, strongly backs federal review of LRPD practices. Willard
1882Proctor, a Little Rock civil rights attorney, is also in favor of a thorough pattern investigation.
1883Austin Porter, another African-American lawyer, who wrote an op-ed piece in the Arkansas
1884Times regarding the Michael Brown shooting, supports a federal investigation of the LRPD. The
1885Rev. C.E. McAdoo, Senior Pastor at St. Andrew United Methodist Church, unequivocally desires
1886a thorough federal investigation to save black lives.
1887The former editor of the Little Rock-based Arkansas Times, Max Brantley, states that
1888Little Rock citizens have a clear belief that the LRPD routinely misuses their authority. He
1889stated that the mere suspension (now overturned) of Lt. Hudson for his videotaped beating of
1890Chris Erwin sent a “chilling signal” to the public, because it shows that “[e]ven with multiple
1891witnesses and video, a beating of a non-criminal for back-talking an officer acting as a private
1892security guard is not a firing offense. It gave the public every reason to wonder what happens
1893when the lights are out, no videos are running and confrontations occur in poorer parts of town.”
1894Mr. Brantley urges a “thorough review of Little Rock police department’s use of force, lawsuits
1895or no lawsuits.”
189635
1897CONCLUSION
1898In closing, I respectfully submit to you that if the state of affairs at the Ferguson and St.
1899Louis Co. police departments warrants federal intervention to determine if unconstitutional
1900patterns and practices exist there, than surely the LRPD deserves a similar fair and independent
1901examination, based on the undisputed evidence above. There is certainly more evidence if your
1902office is interested, and I would be happy to provide it.14 In sum, it has been amply
1903demonstrated and it is clear, that the LRPD engages in a predictable pattern of racial
1904discrimination, improper deadly force, excessive force, domestic abuse, physical abuse, repeat
1905offenders, conspiracy, untruthfulness, supervision failures, evidence tampering, evidence
1906withholding, slanted investigations, all of which are knowingly tolerated by the LRPD. In truth,
1907it is more than mere toleration. The LRPD essentially advances these troubling practices, and
1908has done so for many years. Sect. 14141 is tailor-made to remedy the unfortunate, chronic
1909situation the LRPD has created and sustains.
1910My co-counsel and I would very much appreciate the opportunity to meet with you or
1911your office to discuss these important matters more extensively or answer any questions you
1912might have. Additionally, if any additional evidentiary support is desired for any of the facts or
1913assertions above in order to better assist you to reach a decision, please let me know and we will
1914surely provide it. I certainly understand the rigors of the important work your office does, and
1915the frequency of requests you receive. However, I assure you that this matter is of vital
1916importance, one most deserving of your office’s attention. I thank you in advance for your
1917involvement in the matter.
1918Sincerely,
1919LAUX LAW GROUP
1920Michael J. Laux
1921Michael J. Laux
1922and
1923PEOPLE’S LAW OFFICE
1924G. Flint Taylor
1925Ben H. Elson
192614 See enclosed non-exhaustive listing of LRPD misconduct and general order violations.
192736
1928Enclosures: 1. LRBPOA letter to police chief
19292. CD containing:
1930a. Lt. Hudson beating of Chris Erwin
1931b. police video from Ellison shooting
1932c. “damaged” apartment complex video from Ellison
1933d. police video from Hawkins shooting
19343. Demetrius Curtis citizen complaint materials (excessive force)
19354. LRPD overhead diagram of Hawkins crime scene
19365. Post-mortem photograph of Landris Hawkins
19376. DFRB report re. Ellison shooting
19387. I.A. memo re. Officer Green history of domestic abuse complaints
19398. Lt. Gilbert memo re. Josh Hastings’ background, KKK meeting
19409. LRPD Fourth Amendment violations complaint list: 2005-2011
1941cc: Ms. Molly J. Moran (with enclosures)
1942Acting Assistant Attorney General
1943Department of Justice, Civil Rights Division