citizens’ police review board
TRANSCRIPT
Members Present: Caila Coleman, Vice Chair [4/0] Richard Crabtree, Chair [4/0] Loren Cusati [1/0] Korey Engel [3/1] Julio Guerrero [3/1] – arrived at 9:24 a.m. Nimit Kapoor [2/2] – departed at 10:47 a.m. Tom Keen [2/2] Raul Perez [2/1] Linda Reaves [3/1] Others Present: Orlando Rolón, Chief of Police Deputy Chief Jose Velez Jimenez Deputy Chief Eric Smith Natasha Williams, Chief Assistant City Attorney Sergeant Ryan McConnell, OPD Internal Affairs Supervisor Dwain Rivers, OPD Internal Affairs Manager Sergeant Chester Culley Captain Richard Lane Candace Cardillo, Board Administrator Meagan Jones, Complainant Michael Panella, Esquire, attorney representing Meagan Jones, Complainant
1. Call to Order Richard Crabtree, Chair, called the meeting to order at 8:30 a.m.
2. Roll Call
Candace Cardillo, Board Administrator, took attendance and determined that a quorum was present.
3. Consideration of Minutes
a. Approval of the Special Meeting Minutes from June 16, 2020 Tom Keen moved to approve the special meeting minutes from June 16, 2020, Korey Engel seconded the motion. The Board voted to approve the motion, 8-0. Julio Guerrero was not present for this vote.
4. Introduction of Chief Orlando Rolón Chief Orlando Rolón addressed the Citizens’ Police Review Board in response to the Board’s letter regarding IR 19-85 and Officer Jonathan Mills. Chief Rolón answered questions presented by the Citizens’ Police Review Board.
CITIZENS’ POLICE REVIEW BOARD
July 1, 2020, 8:30 a.m. Virtual Meeting via Zoom Webinar
MINUTES
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5. Public Comment The following individuals provided live public comment: T.J. Legacy Cole, Veronica Bohem, James Taylor, Baron Samedi and Lawanna Gelzer. Written public comments received from Sarah Ebert, Don Mitchell, Cynara Freeman and James Taylor are attached to the minutes.
6. Old Business
a. Board Attorney Presentation Natasha Williams, Chief Assistant City Attorney, provided a presentation regarding the Citizens’ Police Review Board’s powers and duties.
7. New Business
a. Consent Agenda i. IR 18-61, Internal Investigation (Officer Norman Wright and Robert Costa)
1. RM 200-8, (A) Obedience to Laws (Officer Norman Wright) – EXONERATED
2. RM 800-5, Deadly Force as it relates to Policy 1128.16, Response to Resistance and Apprehension Techniques (Officer Norman Wright) – EXONERATED
3. RM 200-8, (A) Obedience to Laws (Officer Robert Costa) – EXONERATED
4. RM 800-5, Deadly Force as it relates to Policy 1128.16, Response to Resistance and Apprehension Techniques (Officer Robert Costa) – EXONERATED
Caila Coleman, Vice Chair, requested that IR 18-61 be moved to 7, section b “Review of Investigation and Appearances” for presentation by Internal Affairs.
ii. IR 19-58, Internal Investigation (Officer James Wilson) 1. RM 800-2, Arrests (B) Use of Force - SUSTAINED
Caila Coleman, Vice Chair, requested that IR 19-58 be moved to 7, section b “Review of Investigation and Appearances” for presentation by Internal Affairs.
iii. IR 19-63, Internal Investigation (Officer John Earle) 1. RM 200-8 (B), Obedience to Policies and Procedures and Other
Written Directives as it relates to Policy and Procedure 1128.6, Response to Resistance and Apprehension Techniques (7), Reporting Requirements – SUSTAINED
2. RM 200-8 (B), Obedience to Policies and Procedures and Other Written Directives as it relates to Policy and Procedure 1140.4, Mobile Recording Systems (3), Body-Worn Camera Procedures – SUSTAINED
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Caila Coleman, Vice Chair, requested that IR 19-63 be moved to 7, section b “Review of Investigation and Appearances” for presentation by Internal Affairs.
b. Review of Investigations and Appearances i. IR 18-61, Internal Investigation (Officer Norman Wright and Robert Costa)
1. RM 200-8, (A) Obedience to Laws (Officer Norman Wright) – EXONERATED
2. RM 800-5, Deadly Force as it relates to Policy 1128.16, Response to Resistance and Apprehension Techniques (Officer Norman Wright) – EXONERATED
3. RM 200-8, (A) Obedience to Laws (Officer Robert Costa) – EXONERATED
4. RM 800-5, Deadly Force as it relates to Policy 1128.16, Response to Resistance and Apprehension Techniques (Officer Robert Costa) – EXONERATED
IR 18-61 was presented by Sergeant Ryan McConnell, Internal Affairs Supervisor. Board members asked questions to Internal Affairs and Sergeant McConnell responded to the Board. Korey Engel made a motion to approve IR 18-61 as presented and Loren Cusati seconded the motion. Discussion ensued. The Citizens’ Police Review Board voted to approve the motion, 8-0. Nimit Kapoor was not present for this vote.
ii. IR 19-58, Internal Investigation (Officer James Wilson) 1. RM 800-2, Arrests (B) Use of Force - SUSTAINED
IR 19-58 was presented by Sergeant Ryan McConnell, Internal Affairs Supervisor. Board members asked questions to Internal Affairs and Sergeant McConnell and Sergeant Chester Culley responded to the Board. Caila Coleman, Vice Chair, made a motion to approve IR 19-58 as presented and Tom Keen seconded the motion. Discussion ensued. The Citizens’ Police Review Board voted to approve the motion, 8-0. Nimit Kapoor was not present for this vote.
iii. IR 19-63, Internal Investigation (Officer John Earle)
1. RM 200-8 (B), Obedience to Policies and Procedures and Other Written Directives as it relates to Policy and Procedure 1128.6, Response to Resistance and Apprehension Techniques (7), Reporting Requirements – SUSTAINED
2. RM 200-8 (B), Obedience to Policies and Procedures and Other Written Directives as it relates to Policy and Procedure 1140.4, Mobile Recording Systems (3), Body-Worn Camera Procedures – SUSTAINED
Page 4 of 4
IR 19-63 was presented by Sergeant Ryan McConnell, Internal Affairs Supervisor. Board members asked questions to Internal Affairs and Sergeant McConnell and Dwain Rivers, Internal Affairs Manager, responded to the Board. Michael Panella, Esquire, attorney for Meagan Jones, provided comments on behalf of his client. Meagan Jones, Complainant, presented testimony under oath. Tom Keen made a motion to approve IR 19-63 as presented and Caila Coleman seconded the motion. Discussion ensued. The Citizens’ Police Review Board voted to approve the motion, 7-1 (Korey Engel opposed). Nimit Kapoor was not present for this vote.
8. Presentation of New Inquiries None.
9. Other Business a. Chair’s Report
Richard Crabtree, Chair, read the letter received by the Citizens’ Police Review Board from Chief Orlando Rolón regarding IR 19-85 and Officer Jonathan Mills into the record. Mr. Crabtree summarized the letter received from Dwain Rivers, Internal Affairs Manager, for the record. The letters received from Chief Rolón and Mr. Rivers are attached to the minutes.
b. Board Attorney’s Report Natasha Williams, Chief Assistant City Attorney, asked the Citizens’ Police Review Board if they would like to schedule a meeting to update their Board Policies and Procedures. Caila Coleman made a motion to schedule a special meeting and Linda Reaves seconded the motion. The Citizens’ Police Review Board voted to approve the motion, 8-0. Nimit Kapoor was not present for this vote.
c. Internal Affairs’ Report None.
d. Administrator’s Report Candace Cardillo, Board Administrator, advised the Citizens’ Police Review Board that the next meeting is scheduled for August 5, 2020 and encouraged members of the public to check the City’s website to determine if the meeting will be held virtually or in person.
10. Adjourn
a. Richard Crabtree, Chair, adjourned the meeting at 12:08 p.m.
Richard Crabtree Chair
Candace Cardillo
Board Administrator
Participate in a Virtual Meeting
Submission date: 30 June 2020, 11:19AM
Receipt number: 118
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Question ResponseTell Us About Your RequestSelect the meeting at which you'd like to providepublic comment
Citizens’ Police Review Board - virtual specialmeeting
Meeting date 07/01/2020Briefly describe the matter to be discussed Police ReformI want to speak As a proponent (in support)Tell Us About YourselfYour first name SarahYour last name EbertYour home/business address 400 S Orange AveYour phone number 9548816657Your email address [email protected] one: I will be speaking on my behalf.Name of person, business or associationAddressPhone numberHow will You Be Appearing?Choose one: I will remotely submit my comments for the
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A system that is not designed for all, must be redesigned for the needs of all. American policing has never been a neutral institution. The first U.S. city police department was a slave patrol, and modern police forces have directed oppression and violence at Black people to enforce Jim Crow, wage the War on Drugs, and crack down on protests. When people ask for police reform, many are actually asking for this oppressive system to be dismantled and to invest in institutions, resources, and services that help communities grow and thrive. That’s why many protestors and activists, following in the footsteps of Black-led grassroots groups, are demanding immediate defunding of police departments. Funneling so many resources into law enforcement instead of education, affordable housing, and accessible health care has caused significant harm to communities. Police violence is actually a leading cause of death for Black men: A recent study found that 1 in 1,000 Black men can expect to be killed by police, and public health experts have described police violence as a serious public health issue. For a country like ours, which considers itself a modern democracy that pushes ideals of freedom and justice for all, that number should be truly shocking. Evidence, resources and data show defunding the police makes sense, especially as only 4% of their time is used to deal with violent crime: https://lookaside.fbsbx.com/file/How%20cops%20spend%20time.pdf?token=AWytpSHiGOimeh-Wwou7Ku_E9lFntxElhMAcOawjL9VAdZCWCWMHbXo_EmIxiX0Qlz00bbGa77HvcIXlD9RPxAwp-ex0dpwl-1BTQyeSgJ9PfQQw-xWk736x6eym8rxaKF0tLX8U8oqvj7BA9OH9JaikXX6WphgYuBLrWU6uUEeJ5w Much of the work police do is merely engage in the daily harassment of Black communities for minor crimes or crimes of poverty that shouldn’t be criminalized in the first place. Consider this: Out of the 10.3 million arrests made per year, only 5 percent are for the most serious offenses, including murder, rape, and aggravated assault. These are the ones that truly threaten public safety. The other 95 percent of arrests are for things like traffic violations, marijuana possession, unlawful assembly, and even removing a shopping cart from store premises. That means that police spend the most resources going after minor incidents that actually don’t threaten everyday life but do lead to mass criminalization and incarceration. The people of the city of Orlando are rising. We, the people are demanding change. More and more people are understanding, realizing, and hearing for the first time just how disproportionate our believed equality truly is. For others, this is a fact they’ve known, felt, lived and see firsthand every day. Systematic Racism is built into every aspect of our lives whether we like it or not. Recognize the disparity. Learn about the disparity. Speak up about the disparity as we begin to have productive conversations and open the dialogue on how to suit the needs for all- specifically those the system is so stacked against. Black people, People of Color and those living in poverty need to be involved in these conversations. Their voices need to be heard, amplified and
understood. We are being called on to look at a problems, issues and injustices that we have turned our ears away from for too long. We need solutions, we need reform, but most importantly we need to listen. Realize there are strategic, better, more appropriate and worthwhile ways of doing things. We have so much knowledge at our fingertips. Let’s use it. Now is the time to shift, grow, learn, unlearn and gain a new perspective. I urge us all to educate ourselves and understand we as white people will never be able to speak about the experiences of Black people and those the system oppresses and continues to oppress and dilute the voices of. Let’s get creative. A system that is not designed for all in mind, must be redesigned. Below, I have linked literature to get you started. Who Do You Serve, Who Do You Protect: https://www.haymarketbooks.org/books/952-who-do-you-serve-who-do-you-protect The End of Policing: https://www.versobooks.com/books/2817-the-end-of-policing Both of these books are free e-books!
In addition to divesting from police and reinvesting the savings in nonpunitive programs that benefit public safety and health, there are other critical steps we need to take to foster the systemic change people across the country are calling for: 1. End enforcement of minor offenses that drive street-level harassment. We can do
this by repealing laws across the country that criminalize minor behaviors and passing laws that legalize activities such as marijuana possession and distribution.
2. End the presence of police in schools, which exacerbates racial inequalities, puts immigrant students at risk of deportation, and limits opportunities accessible to low-income students. (Minneapolis Public Schools just voted to end its contract with the city’s police department.)
3. Develop mobile crisis services, peer crisis services, and crisis hotlines and warmlines (where people can call when they just need to talk to someone who understands what it’s like to live with mental health problems) to support people who have a behavioral or mental health crisis.
4. Ban pretextual stops and consent searches that act as common mechanisms for police to engage in racial profiling and circumvent legal standards.
5. Implement common-sense, civilly and criminally enforceable legal constraints so there will be only rare instances in which officers are able to use force against community members.
Orlando is the second most dangerous city for Black People. We have a problem. Orlando is not safe, until ALL OF US ARE SAFE. https://www.yourlawyer.com/library/fatal-police-shootings-in-us-cities/ Think. Learn. Understand. Unlearn. ACT NOW!
Chief Orlando Rolon Orlando Police Dept,
City Of Orlando 1250 W. South Street,
Orlando, FL 32805
Don Mitchell **Exempt personal Information**
June 25th, 2020
Re.: Offc Jonathan Mills Greetings Chief Rolon, My concerns are three fold; as a former Board Member of the City of Orlando Citizen Review Board, a concerned citizen and many years in the criminal justice system I would be remiss in reserving my views. I found recent media coverage concerning and wanted to share my opinion with yourself, Board Members and Offc. Jonathan Mills. One as my last functions on this board was a vote to review Offc. Mills Internal investigative file for an incident in 2019. There was little discussion at the time of the vote and I have had no discussions with anyone regarding this matter since. In voting for a review my intent was to look at case evidence and make recommendations for personnel improvement and possibly additional sensitivity training, it was not to reconsider discipline. I have the utmost respect for my esteemed colleagues however I am uncertain whether they are familiar with the Officer Bill Of Rights, OPD policy and the fundamental process when cases are closed. That being said this is not a personal attack on the decisions of the Board nonetheless this board is not a quasi-judicial entity nor a court of law, as such we should be vigilant when applying adverse actions outside of the limited guidelines and timely functions in recommendations for re-considersation. Offc. Mills has already been disciplined and put on notice. Any addition action outside of corrective training would amount to punishment not discipline and not in line with progressive measures afforded every city employee. Additionally it is important termination should be based on the totality of the facts to include reviewing records for awards, commendations, service record/evaluations and training/corrective discipline
Regardless of our role or function we must be very open minded, avoid the appearance of personal vendettas and not be swayed by public opinion or media coverage. I ask that you consider not every police action is race based or bias. Unlike many of us, officers have to make split second decisions, have to be aggressive at times and I agree should be held accountable when it's appropriate. We don't want officers to second guess their perception or instinct which could cost their life, nor should we create an environment for inadequate police protection. Furthermore we must be circumspect in our actions. Manipulation by criminal elements targeting the credibility of officers with a history of effective arrests for firearms and drugs is a common practice. Should Offc. Mills not be afforded the same process and rights that govern all of us we are on a slippery road to reverse discrimination and unsystematic harm to the character of police officers. In closing we must focus on solutions, one of which would be a recommendation to the Chief for integrating citizens on the interview board for all new hires. Community involvement results in community policing. Thank you and best regards. Don S. Mitchell
6/30/2020 Mail - Orlando City Boards - Outlook
https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADA4ZmVhM2FjLWY2YjgtNDFjNS05YjM3LTVkMmQxYTY3ZmE3ZAA… 1/1
Effective Calls to Action Towards OPD
Cynara Freeman <[email protected]>Mon 6/29/2020 10:54 PMTo: Orlando City Boards <[email protected]>
ATTENTION: This email came from an external source. Do not open a�achments or click on links from unknown senders orunexpected emails.Dear City Board of Orlando:
With all that is being discussed in the media, many are looking for ways to get involved as ci�zens in theba�le against police brutality. I'm part of a small ac�vist group wan�ng to know what some possiblecalls to ac�on are concerning the ques�onable decisions being made by the Orlando Police Department.With incidents like the ongoing number of complaints against Jonathan Mills, we as ci�zens want tomake sure that the city of Orlando is being properly and thoroughly protected by local law enforcement.
Having our voices heard is impera�ve to making sure that equality is being upheld for all, and not justsome. We would like to know who would be best for the ci�zens to contact — or any other effec�ve callsto ac�on —in order to make their demands heard, specifically about bringing the ac�ons of officerJonathan Mills towards accountability and jus�ce.
We appreciate the le�er to OPD concerning Mills' ac�ons, and we wish to further the ini�a�ves thatwere men�oned.
Thank you,Cynara Freeman
Participate in a Virtual Meeting
Submission date: 1 July 2020, 7:56AM
Receipt number: 120
Related form version: 14
Question ResponseTell Us About Your RequestSelect the meeting at which you'd like to providepublic comment
Citizens’ Police Review Board - virtual specialmeeting
Meeting date 07/01/2020Briefly describe the matter to be discussed Matter regarding internal affairs investigation of
Gabriel Pagan.I want to speak As an opponent (against)Tell Us About YourselfYour first name JamesYour last name TaylorYour home/business address 370 CHRISTOPHER AVE Gaithersburg MDYour phone number 4435839648Your email address [email protected] one: I will be speaking on my behalf.Name of person, business or associationAddressPhone numberHow will You Be Appearing?Choose one: I will remotely submit my comments for the
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My name is James Taylor. I am not a resident of Orlando and my address is 370 Christopher Ave Gaithersburg MD 20879. Email Address: [email protected] I am coming to this board regarding an incident that occurred in Orlando on July 17th 2019 while me and my husband was on vacation. In this instance officer Gabriel Pagan rode a bicycle up to in intersection, parked it and struck my rental vehicle with a 2by4. This action left broken glass all over the vehicle as well as in my eye. No crime was being committed, there was no interaction with this officer, I was never asked to stop, pull over, never a light flashed anything. After reaching out to Internal Affairs and originally being told that without the officers’ name and no video or proof there would be nothing I could do. I argued that it’s cameras all in the downtown area and that I wanted to file full report and follow up was needed ASAP. An amazing lady Investigator Goins got involved. She was able to go to a local bar and obtain video of this incident. I have not personally seen the video as I have been legally blocked from review. But what this video will show is a non-aggressive vehicle being attacked by a police officer who never attempted to stop it. After reading the report you have to asks yourself. If there was a crime being committed how does breaking the window apprehend the suspect? Today I don’t want to address the issue as much as the impact. Here we are today, 16 days from now will mark 1 year I am mentally not okay. I have had to leave jobs for sense of discrimination due to my mental state, been unable to see clearly or colors for 6-8 months, afraid to go outside, on multiple medications to help things like sleep and anxiety, weekly therapy sessions the list goes on. I spend nights crying out of fear of what will happen to me, my husband, or my black kids. I have called internal affairs at least every other week if not every week to try to get an answer as to why an officer who is on video committing a crime would be able to continue to be in a position of power by the city of Orlando even after formal charges and video proof of his actions. Further, why the car rental was paid for by OPD in August of 2019 for me later to be informed that Orlando is not taking responsibility as the officer was not acting in his official capacity as an officer. Only to receive the Florida state law and procedures for officers. I even went as far as reaching out to the Mayor and Chief Roland with no response. This system is broken! It is a system that allows police to abuse their power, get paid American tax dollars for doing it and leaves victims with mental health or self-worth issues if not dead. It is also the system that allows corrupt police officers to be in positions of power with no regard for human life. As Americans we have decided that when black and brown people or gay people are
attacked that it’s acceptable until everyone is outraged! I should not have to be a George Floyd, Breonna Taylor, Stephon Clark, Philando Castile, Freddy Grey or any of the countless others who have senselessly lost their lives by the hands of criminal cops to get justice or mental solace. I am however so sorry to Mr. Pagan. To know that he has ruined a person’s life based on his 5 min actions and didn’t even have the common decency to attempt to inform his superiors or anyone of value that he could have potentially hurt someone is an example of his value as a person and his blatant disregard for the oath he took to the force. In addition, I am sorry that he does not know what it’s like to be Black and Gay so you can’t feel the pain and hurt we experience on a daily basis without a police incident. Lastly, I am sorry that you don’t know what love is. Love is loving people who are different, beneath you in power, like you, and opposite of you. Love is allowing someone to cause harm to you, and still believing they are a good person with bad judgement and attempts to find ways educate and grow them. If you installed love in your heart, we would not be here discussing you! Police have to do better jobs around process improvement for investigations that don’t violate the police rights and doesn’t leave the victim violated or on a downward mental slope. We have to do a better job at protecting our American citizens and not protecting cops who do bad things. Police departments are supposed to be the starting point of accountability. If we can’t trust and believe in you all then we have nothing in place to keep people safe, resolve disputes, dissolve conflict or support us in the fight to justice. STOP being the injustice you are supposed to be protecting against. After this experience I can only say thank you. Thank you to the people in Orlando that took the time out and heard me. Members of this board, the internal affairs office management, states attorney’s office and investigators. But, hearing me is the easy part. I am calling on you all to improve the system in which you operate in and support or get out and do work that aligns with the value you have as a person. Do not continue to stand beside your own people being abused, murdered and taking advantage of all for a title or paycheck. I say your own people because Black, White, Gay, straight whatever we are all Humans and should all be treated equally.
