Two and a half weeks after the April 22, 2017, incident, the police have named retired Sacramento County Sheriff John McGinness to conduct the Internal Affairs Investigation. He will look into whether the involved officers committed any misconduct and look into whether changes to departmental policy and/or training are warranted.
According to the release, Mr. McGinness began his investigation last week. “He will have access to all evidence relating to this incident, along with full access to any members of the Davis Police Department that are needed to conduct the internal investigation. When the investigation has been completed, the Department will take appropriate action consistent with findings and recommendations resulting from the independent review.”
In addition the city has now released a dash cam video from a vehicle that was driving westbound on Russell Blvd. as the police drove up. One video is at normal speed: https://vimeo.com/216873077 and the other is in slow motion: https://vimeo.com/216874005
On Tuesday, April 25, 2017, according to the release, “a Davis resident turned over “dash cam” video that captured a broad visual field and depicted important details of the incident. Importantly, the “dash cam” video shows that other witnesses were present and there is likely other video evidence available that has not yet been provided to the Davis Police Department.
“Additional video evidence may be helpful, in conjunction with all other available evidence being gathered (e.g. witness statements, officer interviews, forensic analyses, and documentary evidence), to inform appropriate conclusions regarding the pending investigations,” the police report.
According to the press release “three Davis Police Officers working on Picnic Day were traveling on Russell Blvd in an unmarked police vehicle when the officers encountered a large group of people in the roadway who were blocking traffic. The officers stopped, an altercation ensued and three involved suspects were arrested, booked at the Yolo County Jail and released after posting bail.”
There is an ongoing criminal investigation into the three individuals, and the DA’s office “will review all pertinent reports and evidence and make an independent criminal filing decision.”
The release notes, “As with any use of force, and pursuant to the Department’s existing protocol, an internal review was immediately initiated to evaluate the situation and determine whether there was compliance with the law and departmental policies and procedures. Additionally, summary incident information was released to the public along with the request for anyone who had video of the incident to contact the Davis Police Department.”
They add, “Following the release of information by the Davis Police Department, the media was contacted by involved parties/witnesses who reported new and differing accounts of the incident. The media reported general claims were that the police instigated the incident, that there was racial bias and that the force used in the arrests was excessive.”
The video that the police have released shows the start of the incident which we had not previously seen. Here we see a large group of people gathered on the corner of College Park and Russell and they do extend into the street.
An unmarked vehicle pulls up and, in slow motion, it appears to come very close to people who have gathered in the street. Unlike attorney Mark Reichel’s account which was based on eyewitness accounts, it is clear that the vehicle is not pulling up on the wrong side of the street, but rather attempting to make a u-turn.
The scene appears crowded but calm until the officers arrived. According to Mark Reichel, they arrived blaring the horn and shouting profanity. This video does not capture sound, so we have no way of knowing what was said between the police and those involved.
There is no clear video, at least in this one, showing Antoine Perry lifting up his shirt to show a gun.
There are still questions as to whether the police displayed their badges and whether the civilians knew that those guys who jumped out of the van were in fact police officers.
Meanwhile, instead of the impartial police auditor conducting the investigation, Sheriff McGinness hosts a talk radio show on KFBK Radio, a Sacramento conservative radio station.
The Vanguard will have more commentary and analysis in the morning.
—David M. Greenwald reporting