Citizens Review Board Rules Against CMPD for First Time in History
CHARLOTTE, NC – For the very first time, Charlotte’s Citizens Review Board found an error in how CMPD disciplined an officer accused of excessive force.
By a 7-1 vote, members determined Chief Putney and the department “clearly erred” in determining officers did not use excessive force during an arrest in March 2016.
Body cam video shows Officer Jon Dunham point a gun to James Yarborough’s head. You also see Yarborough being punched in the face.
Yarborough ran after a traffic stop. Officers tackled him and pinned him to the ground. At one point an officer threatens to kill him.
CRB attorney Julian Wright says changes made a few years ago led to what happened today.
“The City Council changed that standard back in 2013 to a preponderance of the evidence, clearly erred standard,” Wright says.
Robert Dawkins with Safe Coalition NC has spent years fighting to strengthen the power of the CRB.
“To us this is a major victory,” he says.
He says the results in this case will help the community gain more trust in the process.
“We’ve answered the question today that the citizens can have oversight in the process,” he says.
The board will send their recommendations to the department by next week.
CMPD released this statement after the decision:
“Since the Citizens Review Board heard the initial appeal of this case, CMPD has made policy changes in response to concerns raised by board members. Those include:
· Creating a unit to randomly audit body worn camera video from all officers with the intent of identifying organizational training gaps and individual policy violations.
· Giving immediate attention to tactical concerns noted in use-of-force cases, regardless of whether policy violations also are involved.
· Treating all complaints brought to CMPD Headquarters or a Division Office in person, as formal complaints, any time they involve issues reviewable by the Citizens Review Board.
· Completing and adjudicating internal investigations, even if officers leave CMPD before the process is completed.
Chief Kerr Putney welcomes any recommendations the board sees fit to make and is committed to fully reviewing each of those to determine whether they can help us more effectively serve our community.”
Yarborough’s attorney Luke Largess released this statement:
“Mr. Yarborough is very gratified that the Board agreed with him that the actions of the officer did not follow CMPD policy.
The fact that the Board has found for a citizen in the review process is important for the community. It shows that the Board is independent and takes its role seriously and will be able to give CMPD a “citizen’s perspective” on actions by its officers and leaders. In the long run, that check will strengthen community confidence in CMPD.”