Durham Police under a microscope.

According to WTVD the DPD has some explaining to do. All I have to say is the innocent lacrosse players have been suing for an independent monitor for years. Now you see why it's a good idea. Had the city accepted the players' suggestion, an independent monitor would be in place today. No matter what side you are on, the monitor could give a fair report and suggest changes. Then we would know if something is wrong.

Walt-in-Durham

Why wait so long?

WTVD is reporting on the Huerta protests. The most important part of the report though comes well down the page. WTVD and other news outlets got a look at text messages from city leaders. On the morning of the Huerta death, this is the exchange between Chief Jose Lopez and City Manager Tom Bonfield. At 3:32 AM Lopez texted:  "17 yr old male was arrested, but not searched well and had a gun concealed, shot himself in back of police car while at the rear of police headquarters. He has died."

Folks, that is the gist of the report issued by DPD's professional responsibility and training officer six weeks after Huerta's death. The report that Lopez himself told the Mayor and City Council was not yet ready. So what was going on in those six weeks? Was the DPD looking for evidence to support what they had told the Chief in the wee hours after Huerta's death? Contrast this reticence with the DPD's conduct during the lacrosse hoax. The DPD was spewing out information, most of it erroneous, but still they had no reluctance to disclose where they were in the so called "investigation." 

Walt-in-Durham

Huerta warrant released.

The police finally released the warrant return on Jesus Huerta, according to WTVD. The return discloses that police found electronics reported stolen from homes in Huerta's neighborhood. That does not excuse the DPD of course.

The DPD is behaving true to form. They are now releasing information that puts them in the best light and slanted against Huerta. This is the way the DPD acted in the lacrosse hoax and in too many other cases. This does not answer the key questions in the case: (1) did Officer Duncan adequately search Huerta when he arrested him and (2) did Officer Duncan adequately search his patrol car before taking it out? I suspect the timing of these latest revelations about Huerta is intentional. There is some damning evidence about to come out about either Duncan or the DPD.

Walt-in-Durham

City Council to discuss Huerta case on Monday

The Herald-Sun is reporting that the City Council will discuss the Huerta case with City Manager Tom Bonfield on Monday in a closed session. Personnel matters are appropriate for an executive session. The notice that went out said "attorney-client" discussion. That too is appropriate for an executive session, but as no litigation has been threatened, that seems a flimsy excuse. The City Manager clarified saying the executive session was about Huerta. The truth is, they will be covering probationary officer Samuel Duncan's performance and Chief Jose Lopez performance as well.  The meeting is not until 5:30 PM. I don't know if there will be a presser after, or not. But, it wouldn't surprise me if there was.

Walt-in-Durham

Police report finally due on Huerta.

According to WRAL a police report is due today, Friday January 3, 2014.

We shall see what it says. Supposedly the SBI investigation is done but for the autopsy. I will be looking to see if the two major questions I have posed are answered:

(1) Did officer Duncan do an adequate search of his patrol car before he went on shift or last transported someone, and

(2) Did Officer Duncan do an adequate frisk of Huerta when Duncan arrested Huerta?

It has to be one way or the other. Either the gun was left behind by another person arrested or Duncan missed the gun on Huerta's person. Neither is good for Duncan. The other question, which I don't expect the report to answer is why the DPD was so reticent with information. In the lacrosse hoax, the DPD was a veritable sieve of leaks and official releases of information.

Walt-in-Durham

Mayor Bell concerned about DPD protecting civil rights?

Mayor Bill Bell says he understands the Civil Rights Commission is concerned that the Durham Police Department is protecting people's civil rights, and that he is too. According to this WRAL story. The Mayor wants the DPD to make a report to city council by next week. He wants to know what the DPD investigation shows even if the police department does not know what the State Bureau of Investigation investigation has turned up. Here are some questions that the DPD should be able to answer: (1) Did Officer Duncan check his patrol car before going on shift and each time he left the car during his shift? I am not a police officer, but I have found out that it is a "best practice" for police officers to thoroughly check their patrol cars before they go out and again every time they transport someone in the patrol car. The DPD's professional responsibility and training officer assigned to this case should have an answer to that question. (2) How did thorough was officer Duncan's search of Jesus Huerta when he was arrested? PR&T may not have an answer for that. They may have tossed that issue to the SBI. Still, the DPD has said in their pressers that Duncan did search Huerta upon arrest. If we accept, and I do, that Duncan didn't just shoot Huerta, the gun had to be concealed on Huerta's person or it had to be left in Duncan's patrol car. Neither situation is good for Duncan. But, the longer the DPD tries to cover up what went on, the worse it looks for the force.

Chief Jose Lopes on Facebook

Chief Lopez went to Facebook Sunday to post this: "From Durham Police Chief Jose L. Lopez Sr. - We are aware of the many questions and concerns that are being raised by the community regarding the police action after the vigil/protest march on Thursday, December 19, 2013. We understand that the limited information that has been provided thus far has created questions, concerns and stirred emotions. Please understand that our decision was not entered into lightly and distressing the communities of Durham was not our intent. As information becomes available we will work to provide it. After any major police action in the city a thorough review of the incident is conducted. A review of this incident will include, but is not limited to, assessing the tactics used, intelligence gathered, videos, literature collected, feedback and deployment decisions before, during and after this event. We will be hearing from others outside of the organization and will be transparent in communicating the findings. With the logistical challenges of the holiday season, we will work to be as prompt as possible with this review. Although we hope that such an incident does not repeat itself, we will learn from this incident and work to improve our practices wherever possible." I applaud Joe Lo trying to reach out through new media. If you read the comments to his post, there are some positives. Troubling is the comment about the "provocation" being writing with chalk on the street. That seems not very provocative. Another concern is how the DPD seems to be limiting the flow of information. We saw in the lacrosse fiasco how the DPD tried to limit information and when it all came out, it was, well, a fiasco. The main point here is this very unfortunate death has spawned a large measure of suspicion of the police. The police response to the protests has done nothing to help the situation. I close in calling for an independent monitor of the Durham Police Department. A monitor with the power to review, either on his own initiative or upon citizen complaint, the actions, and policies of the Durham Police Department.

Huerta update

Gunshot residue was found on Jesusu Huerta's gloved hands, but none on the officer's. So says Chief Jose Lopez in a presser this morning. Why is it that Joe Lo only has pressers after a demonstration? The guy needs to be proactive, not reactive. At some point the City Manager, Tom Bonnfield will have enough and find a new chief or get this one to start giving out information to avoid any more of these near riots. Walt-in-Durham

Durham Chief can offer details.

I turns out Durham Police Chief Jose Lopez can offer details when he wants to. WRAL reports that Joe Lo's force has figured out that the Huerta family and their supporters were joined by some others who caused the problems at Friday evening's protest at DPD headquarters. If his crack investigators were as forthcoming about the events surrounding young Huerta's death, he wouldn't have given the "anarchists" the opportunity. Or, is Joe Lo just stonewalling when it comes to the bigger investigation?

Walt-in-Durham

Bonfield finally has something to say.

City Manager, Tom Bonfield, finally came out Monday to say something about the Jesus Huerte fiasco. I don't envy Bonfield. His task is made more difficult by the weak Durham Police Chief, Jose Lopez. The WRAL report gave a hint at where the investigation is going: training. That means, dear readers, that at least Bonfield thinks the SBI is looking at an officer who failed to adequately frisk a detainee. In fact, there are two possible explanations.

One is, Officer Samuel Duncan failed to frisk Jesus Huerte properly and Huerte had a gun concealed on his person. At some point Huerte decided to remove the gun and it went off, killing him.

The other possible explanation is, some other detainee had a gun and decided to abandon it in the car that Duncan signed out for his fateful shift. Somehow the gun went off killing Huerte.

Neither explanation looks good for Duncan. One of his responsibilities when taking over a police car is to check it for weapons. Another of his responsibilities is to properly frisk suspects arrested before they are transported. Both responsibilities are found in the DPD's General Order Book.

None of this is to excuse the DPD's conduct. They have dribbled out information long after it was available to them. If Jose Lopez is not up to the task of effective communication, then Tom Bonfield needs to make a change in the Chief's office.

Walt-in-Durham

Medical Examiner foul up.

Well, the NC medical examiner's office is in the news again. Assistant ME, Clay Nichols, M.D. has been fired and the Orange County DA is looking into the handling of at least two autopsies. North Carolina is plagued by a bunch of law enforcement types who seem to think a short cut is a way to justice. It is not and the taxpayers who have to pay for this are short changed. I am reminded of the deplorable conduct of the ME's office, though not Nichols, in the Allen Gell matter. I'll wait for the full investigation of Nichols to come out, but this is not acceptable to the taxpayers.

Heart warming news from the DPD

In a bid of heart warming news, Durham Police Officer Gabe Mutter helps deliver a baby alongside I-85!