Why the Fayetteville Police Foundation is speaking out against the City Council
After a majority of the Fayetteville City Council indicated that without seeing the police body camera footage they would not be inclined to pay for legal representation for two officers being sued in a fatal shooting, a group supporting the Fayetteville Police Department condemned the decision Thursday.
In a statement, the Fayetteville Police Foundation, a nonprofit that provides “support and resources” to the Police Department, challenged the council’s decision.
“It is essential to uphold the principle that police officers, who put their lives on the line every day to protect our community, are entitled to adequate legal support and representation when faced with legal challenges,” the statement said. “The council’s vote establishes a precedent that if you are a police officer, (firefighter), sanitation worker, parks and rec worker or an office personnel employee and you are involved in an accident or any other unfortunate situation, the council may not support you in your battles.”
The debate
During the council’s Monday work session, Councilwoman Kathy Jensen introduced a motion to hold a public vote on whether the city would fund the legal representation of Fayetteville Police Officer Zacharius Borom and Sgt. Timothy Rugg. Borom shot and killed Jada Johnson, 22, after Rugg tackled her during a mental health crisis. The autopsy revealed the young mother had been hit 17 times. Police were at the Colgate Drive home after Johnson and her grandparents repeatedly called 911, reporting her ex-boyfriend was trying to break into the house.
Though no criminal charges will be filed after a state investigation found the shooting was justified, Johnson’s family filed a federal lawsuit April 7 against Borom, Rugg and the city of Fayetteville. According to a city ordinance, city employees can request legal representation and the city's governing body can pay for an employee's representation if the act leading to the lawsuit was within the scope of their job.
Previous reporting No charges to be filed in fatal shooting by police of Jada Johnson
Jensen said Monday that in the interest of transparency, she was requesting a public vote on whether the city would finance a defense for the officers in the civil case. The issue was timely because the officers needed to know if the city would pay for their representation before they could find alternative legal representation, she said.
“They have respectfully requested that the city of Fayetteville provide legal representation to defend the alleged claims,” Jensen said. “I am asking for this to be put on the agenda for June 12.”
City Attorney Karen McDonald told the council the lawsuit was in mediation, but she did not know if the mediation would be successful or when it might be completed.
The question of footage
Several council members, including Councilman D.J. Haire and Councilwoman Shakeyla Ingram, asked if they could view the body camera footage from Johnson’s death. North Carolina law prohibits the release of body camera footage without a judge's order.
McDonald said Police Chief Kemberle Braden filed a petition asking a judge to release the footage. According to the petition, filed on May 26, Braden asks that the footage be released only to the City Council in closed session so council members can determine if they want to pay for the officers’ legal representation.
An earlier petition to the courts by the City Council requesting the release of the footage was denied, as was a December petition filed by attorneys for Rick Iwanski, the slain woman's grandfather, asking that the footage be released to the public. Cumberland County Superior Court Judge Jim Ammons ruled in October that the Iwanskis and their legal team could view the footage it would not be released publicly and that after the family viewed it they were not permitted to comment publicly on the content of the videos.
Last month, in announcing that the shooting was justified, Attorney General Josh Stein, whose office provide a special prosecutor to review the case, called for the body camera footage to be released to the public.
"I call for the body camera footage recorded at the scene to be released in the interest of transparency to the people," Stein said in a news release.
Councilman Johnny Dawkins said Monday he thought the council should pay for Borom and Rugg’s representation.
“Whether you saw the video or not, the attorney general said, ‘Release the video,’ and he said no criminal charges,” Dawkins said. “That’s enough for me. ... They're our employees. We should pay for their legal representation."
Mayor Mitch Colvin said at the meeting that the number of times Johnson was shot sounds "horrific,” but he would need the body camera footage to make a final decision.
“This is a tough conversation,” he said. “As I’ve said before, in order to make a true assessment of it, I need to have the context of it.”
The motion to vote on paying for the officers' legal representation ultimately failed 5-4.
During discussion among council members after the motion failed, city attorney McDonald said her understanding was the city would not be paying for the officers’ representation.
“Until otherwise directed,” Colvin interjected.
Jensen said the council had discussed in closed session not paying for the officers’ legal representation.
“So now it’s transparent. So when somebody asks, now they know,” she said.
Public safety reporter Lexi Solomon can be reached at ABSolomon@gannett.com.
This article originally appeared on The Fayetteville Observer: Fayetteville City Council not inclined to fund officers' legal help
