Betrayal in Black

by Mark M Bello

  “Hayes should have complied with Jones’ orders to the letter, don’t you think?” Chief Brooks is naturally inclined to defend his officer.

  “We can’t tell whether he complied or not from the audio or the angle that the video provides. Furthermore, Jones requested, at least twice, to see the guy’s license and registration. How was Hayes supposed to do that without reaching for something? At best, he was given inconsistent commands. Which ones should he have complied with? Close call.”

  “You think Jones will face charges?”

  “From the city or county, maybe. From the feds? Absolutely.”

  “For now, any investigation of Officer Jones will be handled in house,” Brooks orders. “Internal Affairs needs to get Officer Jones in here for a confidential interview. We need to get his statement on the record. The audio and video tell us some, but not all of what was going on out there.

  “Monday morning quarterbacking is easy. We all have opinions about what we see in the video, but what was Jones seeing? What was going through his mind? What was the guy doing inside the car that caused Jones to react the way he did? We’ve got our work cut out for us. We may need to get another police department involved so that the investigation is completely independent. I don’t want any civil rights marches in our city—they are not good for our image.”

  “Neither is an officer-involved shooting of an innocent black man who was pulled over for no apparent reason.”

  “There was a reason, dammit. The officer thought that driver and occupant looked like the Burger King suspects.”

  “Because the driver was a black man? Any other reasons come to mind?”

  “Jones claimed there was a resemblance.”

  “That’s absurd, Chief. The Burger King guys were much younger, and, by the way, both male. This was a male and female with young children in car seats. There was no traffic violation. Jones admits on tape that he could not see the suspects well enough to tell that one was female. This so-called robbery suspicion was hardly probable cause for the stop.

  “But, let’s assume for a second that there was probable cause. These people did nothing wrong. He pulls them over, approaches the window, and sees a man, a woman, and two children. They are some twenty years older than the Burger King suspects. Officer Jones knows, then and there, he’s made a mistake. Why not simply apologize for pulling them over, tell them it was a case of mistaken identity, and to have a nice day?”

  “Because he might have smelled marijuana?”

  “That’s weak, Chief. He pumps four bullets into a guy over a possible joint? This smells like a case of driving while black through a predominately white community.”

  “I know; I get it. For now, we defer to Internal Affairs. Let’s reconvene once they’ve completed their investigation. Anything else?”

  “Yeah, Chief. I don’t know Jones well, but this case is a powder keg. What if we have to sacrifice him, right or wrong, for the greater good of the community?”

  “Not close to considering anything like that yet. We’ll cross that bridge if or when we come to it. For now, we let Internal Affairs do their thing. Anyone else? No? Okay, meeting adjourned.”

  Chapter Two

  “This is Lieutenant Douglas Kelly, Internal Affairs Division at the Cedar Ridge Police Department. For the record, this is an IA interview with Officer Randall Jones, who understands that this is a formal inquiry and that his statement is being recorded. Have I stated things correctly, Officer Jones?”

  “Yes, you have.”

  “And you understand this interview is being recorded with your permission, is that correct?”

  “Yes.”

  “Also present is Officer Jones’s union representative, Thomas Fowler, and his attorney, Robert Olson. The time is 10:37 a.m. This interview is about case number BIA-2018-437. We are here today with Officer Randall Jones, Badge number 2431, who has consented to this interview and will identify himself for the record. Sergeant Fowler and Attorney Olson, do we have your permission to tape and proceed with the interview?”

  “You do,” Fowler agrees.

  “Yes,” Olson concurs.

  “Great. Let’s proceed. Is Randall Jones your full name? First name R-A-N-D-A-L-L. Last name J-O-N-E-S?”

  “Yes, sir.”

  “When were you born, Officer Jones?”

  “April 16, 1990.”

  “And you work for the Cedar Ridge Police Department?”

  “I do.”

  “Please confirm your Badge Number for the record.”

  “2431, sir.”

  “In what capacity do you work for the Cedar Ridge Police?”

  “I am a patrol officer.”

  “And how long have you been a patrol officer for the Cedar Ridge Police?”

  “Three and one-half years, sir.”

  “Did you work anywhere else before Cedar Ridge?”

  “Yes. Before Cedar Ridge, I worked for the City of Ecorse as a patrol officer trainee.”

  “For how long?”

  “Two years, sir.”

  “And you are currently assigned as a patrol officer?”

  “No, sir.”

  “No?”

  “No, I am temporarily suspended,” Jones sighs. He stares at the ground, embarrassed to maintain eye contact with Kelly.

  “Right, of course. I meant before the suspension.”

  “Before the suspension, I was assigned as a patrol officer.”

  “On which shift?”

  “The evening shift. 6:00 p.m. until 6:00 a.m.”

  “How long have you been working that shift?”

  “Two years, sir. Sometimes we rotate, but I mostly work the evening shift.”

  “What shift did you work when you were hired?”

  “By Cedar Ridge, sir?”

  “Yes, sorry, Cedar Ridge.”

  “I was a trainee for six months, even though I had completed training in Ecorse. Protocols and procedures are a bit different between the two cities. They wanted me to get up to snuff, retraining, so to speak. So, I worked days with Officer Gil Dunham.”

  “Gil is a good guy.”

  “Yes, he is.”

  “Tell us about your training.”

  “I earned a two-year criminal justice and law enforcement certificate from Wayne County Community College. As I stated earlier, I completed two city training programs in Ecorse and Cedar Ridge. I’m certified by Cedar Ridge to work as a patrol officer.”

  “Did you receive use-of-force training, Officer Jones?”

  “I did.”

  “Where did you receive that training?”

  “Originally in Ecorse. In Cedar Ridge, we do a use-of-force training session once a year, with both firearms and Taser. We also have a once-per-year department training shoot.”

  “When was the last training session?”

  “About four months ago. Gil was my training officer at that time, too. He has been kind of a mentor to me. We’ve known each other for a long time.”

  “Have you had any specialized training?”

  “No.”

  “You are a patrol officer in uniform, is that correct?”

  “Yes, sir.”

  “Please describe your uniform for us.”

  “It is a fully marked uniform with a badge on the left with my badge number, a name tag that reads ‘R Jones’ and stitching that identifies me as a police officer.”

  “Go on.”

  “I wear a visible exterior bulletproof vest and a full utility belt that is also quite visible. It is pretty obvious out there that I’m a police officer. I also have patches on both arms identifying the Cedar Ridge Police Department.”

  “What color is your uniform?”

  “Navy blue.”

  “And you indicated you wear a gun belt?”

  “It’s a ‘utility belt,’ but it has a gun in it.”

  “What equipment is carried in this belt?”

  Jones pauses to think. “I carry my gun, a Sig Sauer P20 45-caliber, on m
y left side because I am left-handed. I have two sets of handcuffs, a Taser, a baton, a portable radio, and a set of keys.”

  “And you wear this belt every time you go out into the streets on patrol?”

  “Yes, sir, every time, and in the same position so I can react to situations on instinct.”

  “Does your department use body cameras?”

  “We don’t have body cameras, but our squad vehicles have dash-mounted cameras.”

  “Do these cameras record both audio and video?”

  “Yes. And, they have a remote microphone.”

  “That’s the kind you wear on your person, right?”

  “Correct.”

  “Is it a departmental policy that the microphone is worn at all times?”

  “Yes. Except when I am in my vehicle and the microphone is holstered, I wear it at all times on the job.”

  “For a clear record, were you wearing the microphone at the time of the incident that we are here to discuss?”

  “Yes.”

  “Do you know whether it was operational or not?”

  “It was the last time I checked, sir. Internal Affairs has my utility belt and all of my accessories, including the remote mic. They’ll know better than I do.

  “I know I had it on that night. I assume it was working. But I don’t know whether I pulled it from the holster or not, or what I did, exactly. I was so focused on the vehicle and its occupants . . .” Jones wipes sweat off his forehead.

  “While it’s in the car, it sits in a holster?”

  “Well, it’s more of a charging cradle.”

  “And unless you take it out of this charger, the remote mic stays in the car?”

  “Only if I forget to take it out of the charger and take it with me when I exit the vehicle.”

  “But you remember having it with you on the day of the incident on Cedar?”

  “Yes, I do, but I didn’t check it right then.”

  “Are you the only officer assigned to this squad car?”

  “No, others drive it.”

  “Are the others responsible for charging the equipment before you take possession of the vehicle?”

  “They are responsible for placing it into the charging cradle. Sometimes, when you need it, it’s not fully charged.”

  “Was it fully charged that night?”

  “I believe so, sir, but I’m not positive.”

  “What does this mic look like?”

  “It’s a two-inch or so square device that you can place anywhere on your person. Top pocket, pants pocket, perhaps clip it on something; the idea is to not obstruct it so it can pick up clear audio signals.”

  “Do you test the microphone to make sure it’s working when you start your shift?”

  “Yes, although there is an assumption that the previous officer placed it in the charger, and it will have enough juice for an eight-hour shift.”

  “Was the day in question a routine day, at least until this incident occurred?”

  “Yes. I made a few traffic stops before this one, so I’m pretty sure the microphone was working.”

  “Have you reviewed those other stops?”

  “No, I haven’t, but I do know that I had the mic on my person and that it was showing activated on the video screen.” Jones furrows his brow. His voice crackles with hostile agitation. He takes a deep breath and expels it slowly.

  “Let me make sure I understand what you’re telling me. The two pieces are synched, and the video monitor tells you if the audio’s on and working?”

  “Yes.”

  “Is the vehicle marked or unmarked?”

  “It is a fully marked squad car, displaying Cedar Ridge Police on both driver and passenger side doors. It has a light bar and siren on the top and a push bumper in the front. The car is equipped with LED lights and red and blue flashing lights. The exterior is navy and white with a navy interior. If the lights are on, on a clear night, they are visible from as long as a mile away.”

  “Are there prominent back lights?”

  “Yes, sir, and they blink on and off. They’re very hard to miss.”

  “When you’re pulling someone over, do you activate all the lights?”

  “Yes.”

  “Between the marked vehicle and the uniform, no one could mistake you for anything other than a police officer?”

  “I can’t see how, sir.”

  “What other equipment in your car helps you with your job?”

  “There is a mounted computer with an AT&T wireless internet connection. We can reach the department offices in Cedar Ridge and Wayne County offices in downtown Detroit.”

  “The computer and all other equipment were fully functional on the night in question?”

  “To the best of my recollection.”

  “Let’s talk about the incident that night, shall we?

  “Sure.”

  “Tell us about your day before this incident occurred.”

  Jones’s attorney, Robert Olson, interrupts questioning.

  “The record should reflect that Officer Jones is answering questions to the best of his recollection. We are post-incident here. Jones has been under a great deal of stress and has had a difficult time sleeping. He’s doing his best, but I reserve the right to supplement or modify any mistakes of omission or commission. Clear?”

  “Clear. We can also reconvene if the record needs to be corrected or supplemented. For the record, the person who just spoke was Robert Olson, Officer Jones’s attorney. Now, back to your day, Officer Jones?”

  “I clocked in around 5:15, 5:20. I went to my locker and changed into my full uniform. There isn’t always a roll call, but there was that evening because of the Burger King robbery. We were told about the robbery and given a verbal description of the perps. We were told to be careful and vigilant because the suspects were armed and considered dangerous.”

  “Go on.”

  “I cruised the city for most of my shift, making contact with citizens, setting up speed radar locations, and looking for vehicles to pull over.” Jones’s tone softens as he discusses more mundane matters.

  “You mentioned earlier that you stopped a few vehicles. Can you be more specific?”

  “Yes, I pulled over four speeders and one person for defective equipment.”

  “How is it that you remember this?”

  “I checked my logs before coming here today.”

  “Did you give out citations?”

  “Yes, to all five.”

  “Might you have pulled someone over that you did not cite?”

  “No. I am a by-the-book police officer. If I pull you over for a violation, you’re getting a ticket.”

  “Well, I hope you never pull me over.”

  Kelly smirks. Jones doesn’t see the humor.

  “Continue, please.”

  “I drove by the Burger King at Cedar and Pennsylvania several times during my shift. I wanted to keep an eye on it, if you know what I mean. The owner is the former mayor of Cedar Ridge, so catching these guys would have been nice.”

  “What did you know about the robbery?”

  “Two teenaged black males robbed the cashier. One pointed the muzzle of a firearm at the head of the cashier and demanded all of the money from both registers. After the cashier emptied the registers, the one with the gun dragged the guy into the back and demanded he open the safe. The cashier told him he didn’t have access to the safe and didn’t know the combination. Only the manager could actually open the safe. The perp pistol-whipped the guy so severely that he had to be hospitalized.”

  “And the description of these two was ‘African American males,’ and that’s it?”

  “No. They were described as teens, maybe early twenties. One had long dreadlocks and the other an Afro.”

  “You reviewed the incident video before coming today?”

  “Yes, sir.”

  “What do you remember about the vehicle and its occupants?”

  “The vehicle was a relatively
late-model Ford Escape, a small SUV. I was sitting at the intersection of Cedar and Pennsylvania watching the Burger King when it drove by. I saw what I thought were two African American males who matched the physical description of the robbery suspects. Both had hats on, but the driver had an Afro, and the passenger had dreadlocks poking out from the sides of the hat, almost shoulder length.”

  “What did you do next?”

  “I followed them, sir. I took their plate number, which came back clean. Then I called for backup.”

  “Who did you call?”

  “Officer Alex Mickler, car fifteen.”

  “Did backup come?”

  “Not until it was all over.”

  “And it was Officer Mickler?”

  “Yes, sir.”

  “What did you tell Mickler when you first called him?”

  “That I was tailing a vehicle that I suspected was being driven by one of the Burger King robbers. That the driver matched the physical description of the suspect, but that I couldn’t see the passenger very well.”

  “What did he say?”

  “He told me he was waiting for a key-holder and that he would be there as soon as possible. He suggested I wait for him in case these people were the suspects and were armed.”

  “And did you wait for him?”

  “Well, no, I didn’t. I decided to pull them over.” Jones squirms in his seat and continues to stare at the floor.

  “Without backup?”

  “Yes.”

  “Why?”

  “Because Officer Mickler was tied up waiting on a key holder, and I didn’t want to lose these guys,” Jones grumbles.

  “You decided to pull them over without backup, correct?”

  “C-correct,” he stammers.

  “Had they done anything wrong up to that point? Were they speeding? Did they have an equipment problem? Anything?”

  “No, sir. But, they matched the description of the Burger King suspects.”

  “Because they were black?” Kelly charges.

  “Absolutely not!”

  Jones slams his palm on the table.

  “Fine.” Kelly dials it down a notch.

  “What did you do next?”