Latino Civil Rights Group Calls for Grand Jury in All Police-Involved Deaths in the Wake of Another Shooting Death

FOR IMMEDIATE RELEASE:
December 14, 2011
Contacts: President Martin Perez. Esq. (732)397-8700
Civil Rights Chairperson Richard Rivera (201)600-1769

Latino Civil Rights Group Calls for Grand Jury in All Police-Involved Deaths in the Wake of Another Shooting Death

For the second time in less than three months New Jersey police officers have resorted to deadly force following a foot chase of suspects. Irrespective of the particular details in these two incidents (New Brunswick and Garfield) there are systemic oversight, accountability and training issues that remain unresolved. The New Brunswick shooting of Barry Deloatch Sr. is now heading to grand jury review. After analyzing more than 3,000 police use of force incident reports we have concluded that the Attorney General and county prosecutors need to take immediate action to develop countywide systems that monitor police use of force and address training needs. Twice a year police officers must qualify with their firearms, yet there is no statewide system in place to ensure officers are being trained properly or qualifications take place. In addition, officers are only required to have eight hours of in-service training which does not include hands-on use of force tactics.
Since New Jersey was the last state in the nation to adopt policies for stun guns officers have resorted to shooting instead. “How many police officers or citizens need to be injured or worse before the Attorney General develops a comprehensive plan to address use of force?” asked Martin Perez, President of LLANJ. The time for waiting for direction and increased policing budgets to improve conditions is a misjudgment. The Latino Leadership Alliance has established an extensive monitoring system with fewer resources than any single police agency yet we are able to determine what officers need monitoring and closer supervision based on comparisons with their own peers. “Being a police chief is about leadership, it’s about doing the right thing during difficult times” added Perez “Now is the time for chiefs to take responsibility of their officers’ use of force and monitor for abnormalities” he concluded.
The information the Alliance uses to monitor police activities comes from the agencies themselves. Therefore the same material is available to police chiefs to monitor their officers, but most do not since they are not required by the Attorney General to do so. “Currently there are a few county prosecutors across the state adopting use of force monitoring systems that will indicate supervisory and training needs and help prevent injuries to officers and the public” said Richard Rivera Chairperson of the Civil Rights Protection Project at LLANJ and a 2011 Soros Justice Fellow researching police accountability. In the wake of the shooting of Malik Williams by police in Garfield (Bergen) on December 10th we were able to refer to our database for use of force trends within the police department. The following statistics were culled from official Garfield Police use of force incident reports from 2010 which are mandated for every instance where an officer uses recordable force. Not all reports were completed fully but there was enough usable data to compile the information below. Incomplete or inaccurate reports may indicate police executives are not adequately reviewing force incident reports and incorporating them in a comprehensive supervision, monitoring and intervention system. “Based on our review it’s obvious that supervisory and policy needs exist that the Bergen County Prosecutor is not addressing and he needs to do so in order to avoid future tragedies” said Rivera.
When reviewing a police-related death it’s imperative to look beyond a single incident. There may be systemic unresolved issues that need to be addressed to improve police services and protect life. Beyond the Bergen County Prosecutor review of Mr. Williams’s death, an independent review of police use of force practices in Garfield and throughout Bergen County should be undertaken based on the material we reviewed. Such an analysis should include community organizations and stakeholders. “We have made numerous attempts to work with Prosecutor Molinelli both recently and in the past to address policing practices throughout Bergen County, but he has not been receptive” said a puzzled Richard Rivera.
The Williams incident, as all police-involved deaths should be presented to a grand jury. Moreover, because of the inherent danger to police officers and public safety, the Attorney General needs to establish guidelines for foot pursuits the same way vehicular pursuits are regulated. Too many officers and civilians are being injured or killed in these types of [foot] pursuits.
As the Attorney General Internal Affairs Policy expressly states, “Law enforcement agencies may also wish to consider implementing a specific mechanism to track employee behavior. These mechanisms have been called several things, but the most common term is “early warning system.” An early warning system should be designed to identify any pattern or practice by any member of the agency which warrants intervention or remediation before it develops into a glaring problem.” The Latino Leadership Alliance concurs with the Attorney General’s recommendation and will continue to work with police agencies while advocating for community needs and concerns.
2010 Garfield Police Department use of force analysis:
One third of the police department accounted for 100% of use of force in 2010. The officer with the most frequent use of force filed four times the number of average reports his peers did. He also was responsible for 75% of all pepper spray incidents agency-wide. There were 45 separate reports filed in 2010 where 27 people were arrested including 2 females and 7.4% African-Americans. Five officers and eight suspects were injured in these incidents. 14 of the 20 officers filing reports had five years or less experience with the police department and accounted for 80% of all force used. It’s apparent based on the quality of the reports that they are not compiled and analyzed for accuracy or used to monitor officer behavior and patterns of conduct. It is also apparent that the Bergen County Prosecutor has the resources and infrastructure to establish a countywide monitoring system but chooses not to.
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