Demonstrators disappointed at lack of news on officer discipline in Perkins death

Dec. 6—The largest crowd since the Sept. 29 fatal police shooting of Steve Perkins filled Decatur City Council chambers Monday night as attendees hoped to get news on the disciplinary fate of the police officers involved.

The crowd was disappointed when no such news came, and they showed that anger not only at Mayor Tab Bowling but also Councilman Hunter Pepper and his fellow councilmen.

Councilman Carlton McMasters said he understood their frustration.

"Folks are hurt and they want answers," McMasters said.

The demonstrators complained that neither Bowling nor Police Chief Todd Pinion attended the meeting, and that no disciplinary actions were announced regarding the four police officers' determination hearings.

Many in attendance expected the update because Bowling previously said he hoped to hold the hearings Monday, and that he would announce the hearing results. However, City Attorney Herman Marks last week said the decisions would come "the week of Dec. 4."

City Council President Jacob Ladner said the determination hearings started Monday.

"As I understand it, we've started that process so there will not be any type of announcement tonight," Ladner told the crowd. "Because of that, the mayor is not going to be here tonight. That was the word I was given."

Ladner's comments caused a stir in the crowd. He continued by saying, "I would expect some information on (the disciplinary hearing results) in the short term, not at a City Council meeting."

Ladner said his assumption is the hearing results "will be released through the news and the press."

Marks said Tuesday morning that "we are not going to get into" details on when any remaining hearings are scheduled.

"They're still in process," Marks said. "There should be in the next little time a release from the mayor that will share that. It's still our goal to get the process completed and information provided by the end of this work week."

In a press release Tuesday at noon, Bowling said the disciplinary hearing process is progressing for the four officers.

"Our goal continues to be to complete the hearings process by the end of this work week and provide an update as to my determinations at that time," he said.

McMasters said he understands why Bowling chose not to attend Monday night's meetings.

"I don't disagree with the mayor's decision because he essentially has to serve as the judge in the hearings and maintain impartiality," McMasters said.

The demonstrators expressed particular anger at Pepper for an email sent late last Wednesday to the mayor, council and apparently the entire Police Department. Several times they interrupted him when he tried to talk.

In the email, Pepper announced his support of police and claimed three of the four officers involved in the fatal shooting of Perkins received confirmation that their termination has been recommended, while an unpaid suspension was recommended for the fourth. Pinion has not said whether he made any specific disciplinary recommendations, although he said he found all four violated department policy.

Perkins supporter and former city employee Michael Stovall asked Pepper how he got the information he used in the email. He also asked Pepper what his intention was in sending the email.

"I'm not going to answer that question," Pepper said twice.

Stovall said day-to-day operations fall under the mayor and not the City Council.

"How did it go from the Legal Department to your desk unless somebody told you," Stovall said. "Somebody wanted you to leak that information so this investigation could not go forward. That's a childish act that you've done."

Stovall said to Pepper that he "could have messed up this whole investigation. ... It hurts our trust of the council and the city. You have made it even worse. You made the town look bad."

Pepper said the information did not come from Pinion.

Telana Walker asked Ladner whether an elected city official could be removed from office.

Ladner said the council doesn't have this removal power, so an elected official can be removed either in an election or by filing a complaint with Circuit Court.

Alainah Dailey asked what the process is if the council wants to remove Pinion, who is a director.

Marks said the council "would develop charges or concerns, would give notice to the director and then you would have a hearing" on whether the director should be removed.

Ladner added that, in the absence of the mayor's recommendation, a two-thirds vote would be required for the council to remove a director.

Ladner said he's thought about a comment in Pepper's email that said, "I hope no one makes a mistake in your job."

"I read that and I thought, 'If I make a mistake in my job, I very well could lose my job," Ladner said. "This is obviously a situation that is a tragedy. It's a tragedy that wasn't right.

"If you make a big mistake in your job, not only would you likely lose your job, those up the chain would probably lose their jobs too. Mistakes were made that obviously ended up in termination hearings."

Pepper said his view is that the mayor doesn't have all of the evidence until the Alabama Law Enforcement Agency has concluded its criminal investigation into the shooting.

"I personally do not believe a decision can be made without all of the facts in front of you," Pepper said.

— bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.