Attorney General Herring Begins Regional Trainings on Safe, Fair 21st Century Policing
February 9, 2016 | Virginia News
First of Attorney General Herring's five regional "train-the-trainer" sessions to be held this week in Staunton; additional sessions throughout the year to provide training opportunities for smaller agencies and underserved areas
RICHMOND — Attorney General Mark R. Herring today announced that the first of five regional law enforcement trainings on impartial policing, bias awareness, situational decision making, and other skills of 21st century policing is being held February 9-11 in Staunton. In September, Attorney General Herring announced a dual-track training initiative to provide current and future officers training opportunities in the latest techniques for advancing the complementary goals of promoting public safety while ensuring everyone is treated fairly and equally. Training will be provided by "Fair and Impartial Policing," a nationally renowned and highly-respected training firm led by Dr. Lorie Fridell and staffed by former law enforcement officials from across the country.
"The Virginia law enforcement community is committed to being the absolute best at what they do, and part of being the best is seeking out the latest data-driven and scientifically-sound training methods to promote safe, impartial policing," said Attorney General Herring. "These trainings will help keep our officers and communities safe while ensuring that every Virginian is treated fairly and equally. Those two goals are linked and they are keys to building the safe, successful communities we want. These trainings are going to supplement and complement the great work being done by law enforcement agencies across the Commonwealth to instill these skills and tactics, and because these are 'train-the-trainer' sessions, we're really going to get a lot of bang for our buck. I really appreciate the incredible input and buy-in we have gotten from Virginia law enforcement and community leaders as we have worked to plan these training sessions and other initiatives to promote public safety, equal treatment, and 21st century policing."
All training sessions will be three day "train-the-trainer" sessions, where small groups of officers are given the skills to train their own agencies and other agencies on 21st century policing skills. Participating agencies and officers must commit to training their fellow officers across the state, producing a strong multiplier effect that will make additional training available to even more Virginia law enforcement officers, especially in smaller agencies or underserved areas.
The first training begins today in Staunton. The final day of training, Wednesday, February 11, will be open to media from 11:00 am to 12:30 pm and Attorney General Herring will address participating officers at noon prior to the conclusion of the training.
Additional trainings will be held:
Hampton Roads Criminal Justice Training Academy
Newport News, Virginia
Institute for Advanced Learning and Research.
Southwest Higher Education Center
October 26 - 28
Rappahannock Criminal Justice Academy
Regional trainings are part of Attorney General Herring's efforts to promote mutual trust and respect between Virginia communities and their law enforcement agencies, and to advance the dual goals of promoting public safety while ensuring everyone is treated fairly and equally. The package of initiatives was developed with significant input from community and faith leaders, law enforcement officials, and others.
In addition to regional trainings, Attorney General Herring and his team are leading the development of modern curriculum materials for use during law enforcement basic training at the Commonwealth's local and regional training academies. He is also working with the Danville and Martinsville Police Departments to pilot an initiative to help law enforcement agencies recruit more minority applicants and build police departments that reflect the cultural and racial makeup of the communities they serve. The data-driven initiative will produce a model for other Virginia law enforcement agencies to recreate and implement throughout the Commonwealth.
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Contact: Michael Kelly
(804) 786-5874 (office)
(804) 356-5077 (cell)
Former VACP Executive Director Jay Cochran Passes Away
February 8, 2016 | VACP
It is with profound sadness and a heavy heart that we report the death of our colleague and dear friend Jay Cochran, Jr. Jay previously served as Executive Director of the Virginia Association of Chiefs of Police after a stellar career in state and federal law enforcement.
Jay retired in 1979 as Assistant Director after 27 years in the FBI, and served from 1985-1987 as the 13th Commissioner of the Pennsylvania State Police.
Jay died early on February 4th at Spring Arbor Nursing Home in Ashburn, Virginia after a long illness. He is survived by his spouse Betty, sons Jay III and Randy, and daughters Cindy and Claudia.
Arrangements are incomplete at this time, and are being handled by Colonial Funeral Home in Leesburg. It is anticipated that rites will be held in 2-3 weeks at the National Cemetery at Quantico.
We will provide further details as they become available.
Capt. Vanessa Grimsby named interim Leesburg police chief
February 5, 2016 | Virginia News
Leesburg Capt. Vanessa Grigsby has been named the interim chief of the town's police department, effective March 1. Police Chief Joseph Price will retire the same day after 16 years as the town's top law enforcement leader.
“I am confident that under Vanessa’s leadership the Leesburg Police Department will continue to provide the excellent protection that our residents rely upon,” Town Manager Kaj Dentler said in a prepared statement. “Her breadth of first-hand experience and knowledge of the department’s operations will prove invaluable in this new role.”
Capt. Grigsby has been with the Leesburg Police Department since August 1996. She is currently division commander of administration and support services, a position to which she was promoted in December 2014.
She's also served as commander of the criminal investigations section from May to December 2014 and as a patrol district commander from March 2004 to May 2014. Previous positions with the Leesburg Police Department include patrol sergeant, school resource officer, patrol officer and detective.
Capt. Grigsby has a bachelor’s degree in criminal justice and is a 2013 graduate of the FBI National Academy in Quantico. Prior to her career in law enforcement, she served on active duty in the U.S. Army as an administrative specialist and intelligence analyst, with assignments in Germany, Spain and Fort Huachuca, Ariz.
The town has tapped the International Association of Chiefs of Police to conduct a nationwide executive search for the town’s next police chief. A new chief is expected to be selected within the next four to six months.
Representatives from the IACP will meet with community leaders and stakeholders on Wednesday, Feb. 17 to get feedback on community needs and expectations. IACP will use this input to develop a position profile for the recruitment process.
There will be two input sessions open to the general public. The first session will be at noon in Ida Lee Park Recreation Center’s lower level meeting rooms (60 Ida Lee Drive NW). All are welcome to attend, but this session will be focused on gathering feedback from the business community.
The second public meeting will be at 7 p.m., also at Ida Lee Park Recreation Center. The evening input session will be focused on gathering feedback from the community at large.
“Hiring a Chief of Police is very different from hiring other leadership positions within the Town,” Dentler in a prepared statement. “The Town has changed dramatically in the time that Chief Price has been here. In 2000, our population was 28,311. Today, the Town’s population is almost 50,000 and we are much more diverse community. Over the past sixteen years, the Leesburg Police Department has become a highly professional, nationally recognized organization. The field of law enforcement is facing significant challenges right now, not just here but around the country. Having community input and engagement on what our residents want and expect from the Police Department and its leader is a key element in identifying the right candidates for the next Chief of Police.”
Source: Loudoun Times-Mirror — http://www.loudountimes.com/news/article/capt._vanessa_grigsby_named_interim_leesburg_police_chief898
Portsmouth hires new police chief
February 5, 2016 | Virginia News
By Jonathan Edwards | The Virginian-Pilot
Officials announced Friday they’d hired Tonya D. Chapman, the state’s deputy secretary of public safety and homeland security.
Chapman was previously a deputy chief with the Richmond Police Department. She started her career in 1989 as an Arlington County police officer.
Chapman is scheduled to start Feb. 22, police said in a news release.
Chapman interviewed for the position last week at I.C. Norcom High School. During the public interview, she said she would advocate to unfreeze the half a dozen police positions the City Council froze in May.
“I understand the circumstances which led to it, but the community is suffering,” she said. “The homicide rate went up.”
The city’s homicide rate more than doubled, from 11 in 2014 to 27 in 2015.
Staffing has been a problem for the city’s police department: In December, interim police Chief Dennis Mook said the city has 227 officers. The council froze more than two dozen police positions in May, and Mook previously said he can’t find officers to fill another dozen vacant spots.
Public Shows Strong Support for Public Safety Agencies in Virginia
February 4, 2016 | Virginia News
Virginia Law Enforcement Deemed to be Fair and Equitable to Citizens, Prepared to Handle Natural Disasters and Emergencies, Not As Prepared to Combat Terrorism in the Commonwealth
In recent months, law enforcement agencies in many states have taken center stage for their positive and negative actions and the commonwealth has been no different. As a result, many believe that citizens’ trust in law enforcement agencies has significantly decreased.
The recent 2016 Commonwealth Poll: Public Safety — conducted by the Center for Public Policy at the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University — found strong support for law enforcement in Virginia. More than seven out of 10 (78 percent) respondents felt that people in their local community receive fair treatment from law enforcement. Further, 83 percent were satisfied with how law enforcement in their communities solves problems and handles those who call police for help.
Though a majority of all respondents were supportive of law enforcement across all demographic and regional groups, white respondents (81 percent), those who were identified as Republican (87 percent) and those who live in the Western (81 percent) and Northern (87 percent) regions of the state were most supportive.
“Police legitimacy and public support are extremely important to maintain order and safety in our communities,” said Dr. Robyn McDougle, faculty director of the Office of Public Policy Outreach and associate professor of Criminal Justice at the VCU Wilder School. “Consequently, public perceptions of police have implications for effective policing. Virginians’ perceptions of police are very favorable, which is impressive considering many states are facing citizen outrage toward law enforcement.”
The poll was conducted in a first-ever partnership with the office of the Virginia Secretary of Public Safety and Homeland Security. It also showed significant citizen confidence (85 percent) in the ability of public safety agencies to prepare for and respond to a crisis and natural disasters across the state. Virginia has weathered many storms, tornadoes and hurricanes — most recently Winter Storm Jonas — and respondents across all regions were very supportive of public safety agencies’ ability to respond effectively.
Citizens were not, however, as confident in public safety agencies’ abilities to respond to acts of terrorism in the commonwealth. Three-quarters of respondents (76 percent) indicated they were concerned with terrorist attacks occurring in Virginia, with 73 percent concerned about public safety agencies being unable to protect residents from such attacks.
“The most recent terrorist attacks in Paris and California have kept the thoughts of attacks in the commonwealth at the forefront of most Virginians’ minds. Recent poll responses highlight the need for conversations,” McDougle said.
The 2016 Commonwealth Poll: Public Safety 2016, conducted by the Office of Public Policy Outreach in the Center for Public Policy at the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University (VCU), obtained telephone interviews with a representative sample of 931 adults living in Virginia. The survey was conducted by Princeton Survey Research Associates International (PSRAI). The interviews were administered from January 4 to 12, 2016. The margin of sampling error for the complete set of weighted data is ±3.7 percentage points.
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FOR IMMEDIATE RELEASE
CONTACT: Robyn McDougle, Ph.D.
Office of Public Policy Outreach
Alexandria Police Promotes Two Deputy Chiefs
February 4, 2016 | Virginia News
Alexandria Police Chief Earl Cook has promoted Chris Wemple III and Shahram Fard from the rank of Captain to Deputy Chief of Police, effective immediately.
“I have complete confidence that these two Deputy Chiefs will help lead the Alexandria Police Department to even greater successes in the future,” said Chief Cook.
Deputy Chief Wemple
Deputy Chief Fard
Deputy Chief Chris Wemple III grew up in the suburbs of Maryland, just outside Washington, DC. He joined the Alexandria Police Department in 1991. He has worked in all four bureaus throughout his career. He was most recently assigned to be the commander of the Patrol Support Division, where he also served as Liaison to City Council and oversaw the Community Policing Section and Police Training Unit. Deputy Chief Wemple holds a Bachelor of Arts degree in Criminal Justice from the University of Maryland and is a graduate of the FBI National Academy Session #246. Deputy Chief Wemple’s new assignment will be to command the Operations Support Bureau.
Deputy Chief Shahram Fard has served with the Alexandria Police Department since 1995. During his APD tenure, Deputy Chief Fard worked in the K-9 Unit with his partner “Dino” and coordinated a number of post 9/11 projects in the Special Operations Division. As a commander, he led the Vice-Narcotics Section, Patrol Division Commander for the West End of Alexandria, and most recently as commander of the Criminal Investigations Division. Deputy Chief Fard is also a designated Incident Commander for APD and represents the agency on the National Capital Region’s Incident Management Team (NCR-IMT). He holds a Certified Public Management (CPM) certification through The George Washington University, a Criminal Justice Certificate through the University of Virginia, and is currently studying Organizational Leadership at The Johns Hopkins University’s School of Education. He is a graduate of the FBI National Academy’s 262nd Session and the DEA’s Drug Unit Commanders Academy - 72nd Session. Deputy Chief Fard’s new assignment will be to command the Patrol Operations Bureau. He can be followed on Twitter at @sfardAPD.
Testing to Begin on Sexual Assault Evidence Kits
February 4, 2016 | Virginia News
Testing is part of a $1.4 million project led by Attorney General Herring's office to clear out a backlog of more than 2,000 untested sexual assault evidence kits
RICHMOND(February 4, 2016)-Attorney General Mark R. Herring announced today that his office and the Department of Forensic Science (DFS) are moving forward with plans to test more than 2,000 untested sexual assault evidence kits, also known as physical evidence recovery kits (PERKs), currently held by local law enforcement agencies. The Commonwealth has finalized a contract with Bode Cellmark Forensics to perform the testing at its Northern Virginia facility and the project steering committee held its first meeting on January 13 to develop and implement the plan for submitting kits. In the coming weeks, kits will be lifted from local agencies and shipped to the lab for testing with results expected in approximately 6-8 weeks. The first kits submitted for testing will come from Virginia Beach and Fairfax County. Some untested kits across the state date back to 1988.
"Testing these kits is so important to help identify predators and to make connections between unsolved crimes, but it's also really important to show survivors that the Commonwealth stands with them and will help them pursue justice as part of their healing process," said Attorney General Mark Herring. "I'm really glad we're getting the testing under way and I appreciate the hard work of my team, our steering committee, and our partners at DFS and in local law enforcement agencies. This is a big project, but we're going to see it through."
In September, Attorney General Herring secured a $1.4 million grant to test the Commonwealth's nearly 2,000 untested kits from 65 law enforcement agencies as part of Manhattan District Attorney Cyrus Vance's $38 million initiative to test 56,000 PERKs in 20 states. By testing these kits and searching the profiles against DNA databases, law enforcement will be able to identify additional crimes by known perpetrators and make connections between crimes committed by unidentified perpetrators.
In the coming weeks, kits will be lifted from localities and submitted to the lab for testing on a rolling basis. Once kits are processed, results will be sent back to DFS for entry in a national DNA database and localities will be notified of any matches that may lead to a sexual assault suspect.
PERKs contain evidence collected from victims during an extensive examination conducted at a hospital or crisis center following a sexual assault. The DNA evidence contained in PERKs is a powerful tool for identifying suspects, convicting perpetrators, preventing future offenses, and even exonerating the innocent. DNA from a PERK in one jurisdiction may help to solve crimes in that jurisdiction or in other jurisdictions across the country.
Although state law allows local departments to destroy untested kits based on their evidence retention schedules, many local agencies elected to retain kits and the evidence they contained in hopes of one day testing the kits and building a case.
The PERK testing project is part of Attorney General Herring's ongoing efforts to support survivors of sexual violence and to gather more useful data to learn more about these crimes and how to prevent them.
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FOR IMMEDIATE RELEASE
Contact: Michael Kelly
(804) 786-5874 (office)
(804) 356-5077 (cell)
Governor McAuliffe Announces Historic, Bipartisan Gun Safety Deal
January 29, 2016 | Virginia News
RICHMOND - Governor McAuliffe announced a historic, bipartisan deal that will keep guns away from domestic abusers and people who cannot pass background checks. The Governor was joined by Speaker Howell, Lt. Governor Ralph Northam and other members of the General Assembly while making the announcement.
“This bipartisan deal to keep guns out of the hands of domestic abusers and people who cannot pass background checks will save lives,” said Governor McAuliffe. “Give and take is essential to every negotiation, but the balance of this deal changes Virginia law permanently in ways that will keep guns away from people who would use them for harm. I want to thank all of the leaders who put politics aside and stood up for this bipartisan compromise to make our families safer.”
Today’s announced deal will pave the way for the first meaningful steps on preventing gun violence in 23 years.
“I appreciate the Governor, Attorney General Herring, Secretary Moran, Senator Reeves and Chairman Lingamfelter for getting us here today. This is not an area where many people would have predicted an accord, but we are here because of their hard work,” said Speaker Howell. “Protecting reciprocity for Virginia’s law-abiding citizens was a major priority for the House of Delegates. We have achieved an agreement that will ensure the constitutional rights of Virginians are protected. We are also sending a clear signal about the mutual willingness of both parties to protect victims of domestic violence. This a good deal for the Commonwealth.”
“I am happy to have been able to work with my colleagues to reach agreement on this deal today, which includes protecting the rights of 421,000 Virginians who hold concealed carry handgun permits,” said Senator Bryce Reeves. “I want to thank my colleagues on both sides of the aisle for working together to find a solution that protects law-abiding Virginians and makes the entire Commonwealth safer. Today’s announcement truly exemplifies the Virginia Way.”
"I am grateful that we have been able to find common ground with our Republican colleagues to advance legislation that will help reduce gun violence,” said Delegate Kathleen Murphy. “Some may be disappointed in the compromise, but it is critical to support efforts to prevent gun violence and to save the lives of victims of domestic abuse. Today we found a yes. We demonstrated that we can work together across the aisle to pass legislation to advance gun safety. That's a victory.”
“Keeping Virginians safe is the most important responsibility public leaders have,” said Secretary Moran. “I am proud that we were able to strike a historic accord that will keep guns out of the hands of people who would use them for harm. This was a difficult negotiation, and we will continue the fight to prevent gun violence in our Commonwealth – but we should celebrate the considerable progress we made together today.”
The gun safety deal encompasses the following bills:
Voluntary Background Checks at Firearms Shows
Delegate Lingamfelter (HB1386) and Senator Edwards (SB715)
- Currently, only firearms dealers with a federal firearms license (FFL) can access the National Instant Checks System (NICS) to perform background checks on firearms purchases/transfers.
- The Virginia State Police cannot access the system on behalf of private citizens selling or transferring firearms.
- This bill would give the Virginia State Police statutory authority to perform background checks on behalf of private citizens at firearms shows, which is required by the FBI.
- Private sellers feel it is their civic duty to obtain the results of a background check prior to selling or transferring a firearm and they currently do not have the ability to access background checks for this purpose. This would allow them access on voluntary cases.
- This bill requires the Virginia State Police to be present at every firearms show in the Commonwealth to perform background checks on a voluntary basis.
Delegate Murphy and Senator Howell
- Currently, a person subject to a protective order is prohibited from purchasing or transporting a firearm, but not from possessing a firearm.
- This bill would prohibit a person subject to a permanent protective order from possessing a firearm for the duration of the order.
- Permanent protective orders are issued by a judge and are served to the subject. They can last up to 2 years and can be extended by the judge as necessary.
- This bill allows the subject of the protective order 24 hours to transfer or sell the firearm to a non-prohibited person. The subject of the protective order may possess or transport the firearm during that 24-hour period only for the purposes of selling or transferring the firearm.
- If a person violates this section, they could be guilty of a class 6 felony.
Delegate Webert (HB1163) and Senator Reeves (SB610)
- Reciprocity for all states with a concealed carry permitting process.
- Prevents state-shopping. If a person has ever been revoked in Virginia, they cannot go to another state to get a permit and have that permit be recognized in Virginia.
- Retains the 24-hour verification clause for law enforcement purposes which allows the VSP or other law enforcement agencies to verify the validity of a permit for an out-of-state person 24 hours a day when states that offer that process. Permit-holders must carry another valid state-issued ID for the purpose of verification.
- Governor McAuliffe will also extend the effective date for the planned implementation of the revocation of reciprocity agreements with other states to March 1st.
Virginia Concealed Handgun Reciprocity Changes Delayed to March 1, 2016
January 29, 2016 | Virginia News
RICHMOND, Va. – Effectively immediately, the Feb. 1, 2016, deadline for concealed handgun reciprocity revocations by the Commonwealth of Virginia has been delayed to March 1, 2016.
On Dec. 22, 2015, Virginia Attorney General Mark Herring announced the results of a yearlong legal analysis of the concealed handgun reciprocity agreements Virginia has maintained with many states. This analysis was to determine if the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth pursuant to §18.2-308.14 of the Code of Virginia.
As a result of that analysis, the Attorney General determined that the laws in 25 states were insufficient and therefore recommended that the reciprocity agreement between those states and Virginia be revoked effective Feb. 1, 2016. The state police then took the necessary steps to notify those states of the upcoming change.
Since December, members of Virginia’s General Assembly have worked diligently with Governor Terry McAuliffe on proposed legislation to revise the Code of Virginia with regards to the parameters for reciprocity. As a result of these ongoing conversations and the Governor’s announcement made Friday afternoon, the original February deadline has now been extended to March 1, 2016.
Until the new March 1, 2016, Virginia will continue to recognize concealed handgun permits from those 25 states. For more information on those states, please go to the Virginia State Police Website at www.vsp.virginia.gov.
MWAA Names Scott C. Booth New Chief of Police
January 20, 2016 | Virginia News
The Metropolitan Washington Airports Authority named Scott C. Booth as its new chief of police Wednesday.
Booth, who joined the Airports Authority in 2015 as deputy chief, previously served in a variety of assignments with the Richmond, Virginia, Police Department, including detective in the Narcotics/Vice Units, SWAT Team, patrol sergeant, precinct commander, detective supervisor, commander in the Special Investigations Division, and a major in operations and in the Office of Professional Responsibility.
Booth succeeds Airports Authority Police Chief Stephen Holl, who retired last year.
“Every day, the men and women of the Metropolitan Washington Airports Authority’s Police Department professionally serve the traveling public, protecting passengers’ safety and securing the airports and the Dulles Toll Road,” said Bryan Norwood, the Airports Authority’s Vice President for Public Safety. With his extensive background and experience, Chief Booth is the right person to continuing leading that mission.”
Prior to joining the Richmond Police Department, Booth served as an infantryman and military police officer in the U.S. Army. He is a veteran of Operation Desert Storm, attended the Senior Management Institute for Police, the Professional Executive Leadership School at the University of Richmond and the FBI Law Enforcement Executive Development Seminar.
He holds a bachelor’s degree in human resource management and leadership studies from the University of Richmond and a master’s degree in criminal justice from Virginia Commonwealth University.
The Metropolitan Washington Airports Authority operates Ronald Reagan Washington National Airport, Washington Dulles International Airport, the Dulles Airport Access Highway and the Dulles Toll Road and also manages construction of the Silver Line project, a 23-mile extension of the Washington region’s Metrorail public transit system through Fairfax County and into Loudoun County, Virginia. More than 44 million passengers a year pass through the two airports. The Airports Authority generates more than 387,000 jobs in the National Capital Region.
Henrico Co. Police Chief Appointed to Deputy County Manager
January 11, 2016 | Virginia News
Henrico County Manager John Vithoulkas announced today that effective January 23, 2016, Chief Douglas A Middleton will join the staff of the County Manager as the Deputy County Manager for Public Safety.
Chief Middleton will continue his service in this new appointment as a sworn and certified law enforcement officer working with the Police and Fire Divisions on a host of Public Safety initiatives, including the region's new Public Safety Communications system. Chief Middleton, a 43 year veteran of the Police Division, joined the organization on November 29, 1972, and was promoted through the ranks. He was appointed Chief of Police on April 10, 2011. Prior to joining the Police Division, Chief Middleton served in the United States Army as a helicopter crew member in Vietnam.
During Chief Middleton’s tenure, the County’s crime rate has fallen to the lowest level recorded in the Division’s history. Other significant events include the formation of a third patrol station, the implementation of Fair and Impartial Policing, deployment of body worn cameras, an increase in complement of police officers serving the County, changes to juvenile arrest procedures and School Resource Officer certification, achieving international accreditation as a Gold Standard Agency with Excellence, and improving officer safety and effectiveness through improved ballistic and safety equipment, and the use of enhanced technology in crime fighting strategies.
While the Police Division will truly miss Chief Middleton’s experience and leadership, his appointment as a Deputy County Manager will ensure a seamless transition for the next Chief and his continued involvement in law enforcement responsibilities in the County. His history of tireless dedication to employee development and training has insured the citizens of Henrico will continue to have a first class law enforcement agency to serve their community.
The County Manager stated that Chief Middleton will continue to serve as the Chief of Police in a dual role until a new Chief is appointed, possibly as early as the end of March, 2016.
CONTACT PERSON: Lieutenant Chris Eley – (804) 501-4869
Salem City Manager Names Major Mike Crawley New Police Chief
January 7, 2016 | Virginia News
Salem City Manager Kevin Boggess wasted no time this morning as he swiftly appointed Mike Crawley to the position of Police Chief for the citizens of Salem. Crawley replaces Tim Guthrie, who will retire as Salem’s Chief at the end of the month after 34 years of service in the department.
“Salem has always had a great tradition when it comes to developing strong leaders from within and I have a tremendous amount of confidence that Mike Crawley will not only continue that tradition, but build upon it in the coming years.” says Boggess. “Mike has done an amazing job of earning the respect and trust of the men and women in the department in a short time, so I am very pleased to make this appointment.”
Crawley, 42, began working with the Salem Police Department in December 1999 as a Patrol Officer and was voted Officer of The Year by his peers just three years into his law enforcement career. After completing field service as a Patrol Officer, he was promoted to the rank of Senior Police Officer and transferred to the Detective Division in 2004 where he was assigned to the Special Investigation Unit.
In 2006, Crawley was transferred to General Investigator where he rose to the rank of Sergeant in that Division. He also served as the Services Division Sergeant and Patrol Division Sergeant before being appointed to the rank of Deputy Chief by Chief Guthrie in 2014.
“Throughout my life I have been exposed to many great leaders who have help me get to this stage in my career,” says Crawley. “The men and women of the Salem Police Department are fortunate to work in a city where there is an abundance of support for law enforcement from the citizens, and I am truly thankful for this opportunity.”
Crawley is a Roanoke native and a 1991 graduate of Patrick Henry High School. He attended Virginia Western Community College and earned his Bachelor’s degree in Management and Leadership from Bluefield College. He is a member of Shiloh Baptist Church and resides in Salem with his wife and children.
“I am very appreciative for the support that has been given to me and the confidence shown in me by our city leaders in Salem,” he says. “I will work hard to uphold the public’s trust.” Salem Police Department
Crawley’s first order of business was appointing Lt. Derek Weeks as Salem’s new Deputy Chief. Weeks, 41, began his law enforcement career serving four years with the Roanoke City Sheriff’s Office before joining the Salem Police Department in 2001 as a Patrol Officer.
He transferred to Salem’s Detective Division in 2006 and was elected Officer of The Year by his peers in 2007. In 2009, he was promoted to the rank of Sergeant and served in that capacity in the Patrol, Services, and Forensics Divisions. During that period, Weeks graduated from the 81st Session of the Virginia Forensic Science Academy. In 2015, he was promoted to the rank Lieutenant and since then has served in the Patrol and Detective Divisions.
“I am humbled and grateful to serve this department and this city in this capacity,” he says. “As we move forward, we will continue to build on the foundation set by previous administrators and remain focused on providing excellent police services to the citizens of Salem.”
Weeks graduated from Glenvar High School in 1992 and from Radford University in 1996. He resides in Salem with his wife and children. Like Crawley, he will assume his new post on February 1.
“The city is being turned over to very capable and dedicated leadership in Mike Crawley and Derek Weeks,” says Guthrie. “The two men bring over 30 years of combined service to the department to their new positions and both are highly respected by their peers.”
Salem Police Chief Tim Guthrie Announces Retirement in January
January 7, 2016 | Virginia News
Salem Police Chief, Tim Guthrie, announced his retirement in a staff meeting this morning after serving Salem’s citizens as a valued member of the Police Department for the past 34 years. His departure, which has been in the works for the past several months, will take effect at the end of January.
“When the City Manager and City Council members put their trust in me a year ago, one of my goals was to prepare the department for the future,” says Guthrie. “We’ve increased our community presence, hired some great new officers and been able to make some solid promotions during this time, and I feel like I am leaving the department in some very capable hands at the perfect time.”
“Like his predecessors, Chief Guthrie has been an invaluable resource for both me and the city,” says Kevin Boggess, Salem City Manager. “His attention to detail, caring nature and professionalism will be missed. I wish him nothing but the best as he enters this new phase of life.”
Guthrie has been with the Salem Police Department since 1981 and worked closely with former Chiefs James Bryant and Jeff Dudley. During his 34 years with the department, he served as a Patrol and Traffic Officer, Narcotics and General Investigations Detective, Detective and Services Division Sergeant, Services Division Lieutenant, a Captain, Major and eventually Chief.
“I cannot begin to express my appreciation to the residents of Salem who have supported me and my career in law enforcement,” says Guthrie. “Some great leaders made an investment in me many years ago, and I feel very blessed that I have been able to start and finish my career in the same place.”
Guthrie is a Roanoke City native who graduated from William Fleming High School and earned his Bachelors of Science degree from Bluefield College and his Master’s degree in Liberal Studies from Hollins University. In addition, Guthrie is a graduate of the 220th session of the FBI National Academy in Quantico and the 23rd session of the Administrative Officer Management Program in Raleigh.
“I want to thank my wife, Jan, and son, Seth, as well as every member of the department for any success I may have experienced during the last 34 years,” he says. “Their support of me has been extremely humbling and gratifying.”
Leesburg Police Chief Price to retire in March
January 7, 2016 | Virginia News
by Crystal Owens | Loudoun Times-Mirror
It's not the high-profile national media attention cases Leesburg Chief of Police Joseph Price worked in his 16 years as the town's law enforcement leader that will stick with him once he retires March 1.
It's the “small day-to-day cases” that make a difference in so many lives. He uses the recent arrests of two individuals connected with last month's armed robberies at two Leesburg hotels as an example of shoe leather police work.
“Our detectives did a great job on it, but the real break came when one of our officers handled a shoplifting case. He did a thorough enough job and obtained the surveillance video. Detectives were able to look back through the files and arrest them,” he said.
There's no difference, the chief says, in the work an officer does on the humdrum cases to a high-profile murder case.
“The vast majority of the time our officers do the same level of high-quality work on small mundane cases that's done on the highly-publicized or the high price cases,” he said.
Despite his humility, under Price's leadership, the department played an integral role in the capture of Elias Abuelazam, 38, as he was boarding a flight in Atlanta bound for Tel Aviv, Israel after he stabbed three people in Leesburg in spring 2010. Abuelazam is now serving life in prison for murder in Michigan. He was also charged with two other murders and six cases of assault with intent to murder for attacks in the Flint, Mich. area and accused of stabbing a church custodian in Toledo, Ohio.
Price has led the Leesburg Police Department since March 1, 2000. During his tenure, the town’s population nearly doubled, from 28,000 to 50,000, and the police department grew from 58 sworn officers to 87.
Under Price, the Leesburg Police Department was accredited by the Virginia Department of Criminal Justice Services for the first time in 2006 and achieved reaccreditation in 2010 and 2014. Most recently, the Leesburg Police Department received the 2015 Webber-Seavey Award for Quality in Law Enforcement from the International Association of Chiefs of Police (IACP) and Motorola. This annual award recognizes agencies that have implemented innovative projects focused on enhancing quality in law enforcement. The Leesburg Police Department was recognized for its Organized Retail Crime Initiative. In addition, the department received Community Policing Awards from the IACP in 2014 and 2006.
Prior to joining the Leesburg Police Department, Price was with the Montgomery County Maryland Police Department for 25 years. While serving with Montgomery County, he held a variety of ranks and positions including training commander, operations officer, district commander and bureau chief.
Price holds a bachelor's degree from the University of Scranton and an MBA from the American University in Washington, D.C. He is a graduate of the FBI National Academy and Police Executive Research Forum’s (PERF) Senior Management Institute for Police. He is the current chair of the Northern Virginia Chiefs and Sheriffs Group, former chair of the Northern Virginia Regional Gang Task Force and a member of the Virginia Association of Chiefs of Police and the International Association of Chiefs of Police.
“Chief Price’s retirement announcement is a bittersweet moment for the Town of Leesburg and myself,” said Leesburg Town Manager Kaj Dentler in a prepared statement. “I am very happy for him to be able to retire after such a successful 40-year career in law enforcement including 16 years as Chief of Police for the Town of Leesburg. Chief Price has faithfully served and protected the Town in his role while being recognized both nationally and regionally. His leadership and guidance transitioned our police department to the professional organization that it is today with a philosophical focus on being a guardian of our community versus just a warrior mentality ...”
In addition to his law enforcement career, Price had a distinguished career in the U.S. Army Reserves, retiring as a lieutenant colonel. He's an active member of the Rotary Club of Leesburg. He and his wife, Lori, currently live in Leesburg and have three children and three grandchildren.
It's those three grandchildren that will take up some of his retirement time.
“I think the family time will certainly be important. I have three very young grandchildren who I'm their best buddy at this point,” Price said.
But don't count the chief out of helping to catch criminals just yet. Price said he and some friends intend on providing public safety training consultations.
“I want to continue to contribute,” Price said.
Virginia Sex Offender Supplemental Registry Now Online for Public Access
January 2, 2016 | Virginia News
RICHMOND – In accordance with new state legislation, the Virginia State Police has completed and posted online the Supplement to the Virginia Sex Offender and Crimes Against Minors Registry (SOR) in time for the Jan. 1, 2016, deadline. The Supplement includes information on persons who were convicted of certain sexual offenses on or after July 1, 1980, and before July 1, 1994, who are not currently on the SOR. The Supplement is available to the public through the Virginia State Police Website at http://sex-offender.vsp.virginia.gov/sor.
Referred to as “Robby’s Rule,” the 2015 Virginia General Assembly passed the legislation into law:
§ 9.1-923. Supplement to the Sex Offender and Crimes Against Minor Registry. In addition, the General Assembly amended existing § 9.1-918. Misuse of registry or supplement information; penalty. to include the additional SOR listing.
The Virginia State Police Sex Offender Investigative Unit and Criminal Justice Information Services Division (CJIS) spent the past six months researching and verifying names and personal information required by law to be included on the Supplement. Approximately 5,604 names are listed on the Supplement. State law requires the name of each convicted offender to include that individual’s “year of birth, the date of the conviction, the jurisdiction in which the conviction occurred, the person's age on the date of the conviction, the offense of which he was convicted, and the Code of Virginia section of the conviction.”*
The Supplement differs from the SOR, which was established July 1, 1994, as it does not provide convicted offenders’ photographs nor are those listed “subject to the registration requirements of this chapter [Chapter 9] and are not considered persons for whom registration is required unless they are required to register pursuant to other provisions of this chapter [Chapter 9].”*
State law does permit those listed on the Supplement to “petition the circuit court in which he was convicted or the circuit court where he then resides for removal of his name and conviction information from the Supplement if the offense he was convicted of would qualify for removal from the Registry [SOR] under §9.1-910.”*
# # #
*§ 9.1-923. Supplement to the Sex Offender and Crimes Against Minor Registry
Entering the Age of Electronic Law Enforcement with the Use of Body-Worn Cameras
December 16, 2015 | Virginia News
Rapid technological advancements are putting law enforcement agencies across the country in a difficult position. It is now easier than ever for citizens to record police officers' actions while they are on the job. As such, law enforcement agencies are considering whether to implement body-worn cameras ("BWC") for their officers, at least in part, to document the officers' perspective with their encounters with the public.
Although BWC come with benefits for officers and citizens alike, they also come with obvious and not so obvious downsides. This article explores the push behind implementing BWC, the advantages and limitations of the cameras in policing, and suggestions to properly adopt such technology.
In 2013, the Police Executive Research Forum ("PERF") sent surveys to 500 police departments in the United States and conferred with top law enforcement executives from across the country to discuss the use of BWC.2 PERF designed the survey to examine the main trepidations with the usage of these cameras.3 The survey included questions such as (i) whether officers are required to wear BWC, (ii) the requirements for recording an encounter, (iii) where to place the cameras on the officers' bodies, and (iv) the collection, storage, and review of the data.4 Of the 254 agencies that responded to the survey, over 75 percent of the agencies reported that they did not utilize BWC as of July 2013.5 Importantly, of the 63 agencies who reported using BWC, nearly one-third did not have a written policy governing their usage of the cameras.6
Now, law enforcement agencies are investigating their options for this technology. According to a 2015 report by Public Technology Institute ("PTI"), BWC ranked first among technological priorities facing law enforcement officials today.7 While it is unknown how many departments within the Commonwealth of Virginia have deployed BWC, most, if not all, have at least considered implementing a program. This growing trend for BWC by police stems, at least in part, from the prevalence of smartphone users with video capability, recent incidents of police officers use of force and inmates deaths while in police custody, and the subsequent protests across the country that have been widely publicized in the media. As such, the Federal, state, and local governments are pushing law enforcement agencies to outfit their police officers with BWC.
President Obama's Executive Order
In an effort to strengthen community policing and trust among law enforcement officers and the communities in which they serve, President Obama signed an Executive Order on December 18, 2014 establishing the Task Force on 21st Century Policing.8 Pursuant to the Executive Order, "the Task Force shall, consistent with applicable law, identify best practices and otherwise make recommendations to the President on how policing practices can promote effective crime reduction while building public trust."9 Among the proposed initiatives is a 3-year, $263 million investment package, of which $75 million would be allocated to issuing 50,000 BWC to law enforcement across this country.10 President Obama's program, however, still requires congressional approval. Therefore, there is no ability to compel law enforcement agencies to outfit their officers. At this time, it is simply an attempt to push law enforcement agencies to join the program.
Virginia's Law Enforcement Technology Sub-Panel
Following the release of the Task Force's Interim Report, Virginia Governor Terry McAuliffe created a special sub-panel of the Secure Commonwealth Panel (an advisory board in the executive branch of state government) to focus on the emerging technological advances facing law enforcement.11 The 31 member sub-panel is chaired by Brian Moran, Secretary of Public Safety and Homeland Security, and is comprised of experts from Governor McAuliffe's Administration, the legislature, law enforcement, the private sector, and other citizens of the Commonwealth of Virginia.12 The sub-panel is currently in the process of exploring constitutional, privacy, economic and public safety issues related to the use of BWC by law enforcement officers.13 Additionally, the sub-panel is considering data storage and retention, equipment, and how to properly handle the evidence once collected.14
The Shift Towards the Use of BWC by Police
Although law enforcement officers have traditionally perceived the use of BWC, and other recording devices such as dashboard cameras, in a negative light, their perspectives are changing and officers are starting to accept or even desire to use BWC as a tool on their belts.15 At least some of the rationale behind this shift is that lay persons are starting to expect police officers to have a video recording of an incident in order for it to be true. In addition, police officers want to have their own video footage of the incident to show their perspective and to quash frivolous complaints. For the officers who continue to be adverse to the implementation of a BWC program, it is imperative to raise the officers' awareness of the advantages associated with this technology in order to obtain its full potential. Thus, getting the most out of the new technology will require the buying in of the officers who use it.
Advantages of BWC in Policing
In general, the positive impacts of police use of BWC include enhanced officer safety, enhanced evidence collection and prosecution, enhanced officer performance in following agency policy and procedures, enhanced officer performance and professionalism, improving officer accountability, and decreased law enforcement liability.16
Evidentiary Purposes of BWC: Setting aside the time required to review the data, prosecutors should find their jobs are materially easier with effective use of BWC, which can capture evidence such as victim statements and confessions. BWC have the ability to help officers collect this evidence under circumstances in which officers are focused on securing a scene and providing life-saving measures.17 Such technology has the added benefit of capturing everything that happens as the officer travels throughout the scene, and interviews witnesses.18
Some prosecutors have even encouraged officers to use BWC to obtain more reliable evidence that can be used in the courtroom.19 For example, domestic violence cases are oftentimes challenging to prosecute because the victim does not wish to press charges. While the victim may have been a willing participant when the officers responded to the call, that same victim may have a change of heart by the time the court date comes around.20 The BWC have the ability to capture the victim's statement, the victim's injuries, and the victim's demeanor close in time to the incident—assuming the department's policies permit the videotaping of victims.21
Similarly, BWC have the ability to capture an interview of a suspect including the manner in which the interview was conducted (whether there was coercion involved), whether the suspect was properly informed of his or her Miranda rights, the suspect's confession itself, the suspect's behavior throughout the interview, and potentially even physical evidence from the crime (i.e. blood on the suspects body or a tear in the suspects clothing), all of which let the prosecution focus on other elements of the crime, assured that the recordings are capable of persuading even the most doubtful of jurors.
The Accountability Effect of BWC in Policing: In 2012, the City of Rialto Police Department in Southern California conducted the first known study on the impact of BWC on the number of citizen complaints against officers.22 Over the course of a year, the department randomly assigned officers to two groups: the Experimental-Shifts (officers were required to wear BWC during their shift) and the Control-Shifts (officers were forbidden from using BWC during their shift).23 The results were astounding: the use of BWC reduced use of force incidents by 59 percent, and the use of BWC reduced citizens' complaints by 87.5 percent.24
These results beg the following questions: Were the reduced numbers of complaints because officers were better behaved? Were the reduced numbers of complaints because the citizens knew they were being videotaped and, therefore they were behaving better? Is it a combination of both of these factors?25 Whatever the reason, this study suggests that there are significant advantages to implementing a BWC program.
Limitations and Concerns Regarding the Use of BWC in Policing
While there are a number of advantages to using BWC, it is imperative for law enforcement agencies to consider the limitations of this technology. Some of these limitations are based simply on the functionality of the camera itself, while others are based on the officer's usage and the perceptions surrounding the use of this seemingly new technology.
Functionality of BWC: The video quality in low or high light situations may be poor. Likewise, the audio quality may also be poor due to background noise (e.g. officer responds to a loud party) or, if the camera is of a lower quality, it may have a constant hum throughout the recording. Because BWC function on battery power, there are some concerns as to whether the battery life met the officer's expectations and whether the officer properly recharged the battery prior to his or her next shift. In addition, some officers, especially more seasoned officers, may feel that adding new equipment is burdensome. Whether it is the learning process behind utilizing the camera itself, or the hurdles of properly marking the video footage as evidence and properly storing the footage, officers have legitimate concerns about the using the technology that cannot be ignored.
BWC Require Financial Commitments and Costs: Rightfully so, law enforcement agencies are troubled by the costs associated with BWC and, therefore, agencies should carefully budget for the expenses associated with this technology. While there is some expense to purchasing the cameras itself—the hardware costs between $800 to $1,000 per camera—the bigger fear expressed by numerous Virginia police departments are the costs associated with the storage of the video footage, and the personnel costs associated with the data.26 There are costs associated with reviewing the video footage to determine how long such footage should be maintained, there are costs associated with reviewing the footage when there is a use of force incident or citizen complaint. There are costs associated with reviewing the video footage for training purposes. There are also costs associated with redacting any video footage, if permitted by the law, pursuant to a Freedom of Information Act ("FOIA") request. For example, the Chesapeake Police Department has approximately 250 uniformed officers who are required to record every encounter with citizens when performing law enforcement related duties or when responding to calls for service.27 The City of Chesapeake pays roughly $1,800 per camera, which includes mounting equipment, licensing fees, and maintenance plans over a five-year period.28 The annual data storage for the entire department costs approximately $24,000.29 However, larger police departments can expect their expenses to be exponentially higher.30 "Officials in Charlotte, N.C., recently approved spending $7 million over a five-year period to purchase and operate 1,400 police body cameras.31 Thus, the costs of utilizing BWC will vary from department to department depending on the size of the department, the crime rate, how frequently the officers' record encounters, and how long the department decides to maintain the video footage for evidentiary purposes.
Capturing the Encounter: BWC do not have the ability to magically capture an incident that is not within the view of the lens. While law enforcement officers must be aware of the limitations of these cameras to attempt to obtain the best possible footage, the legal community and the citizens must also be mindful that a BWC may not capture everything that they want. As an example, the most commonly used BWC are clipped to either the officer's chest or to the officer's glasses. When the BWC are worn on the chest, the cameras may not be able to record an image that the officer is looking at due to its lack of mobility. Whereas on the other hand, the cameras attached to an officer's glasses has the ability to capture more of the scene as the officer turns his or her head. For example, Officer Jones responds to a robbery and observes the suspect flee the store on foot. Officer Jones gets into a foot pursuit with the robbery suspects and observes the suspect throw an item to his left, which lands approximately ten feet away. Depending on the closeness of Officer Jones to the suspect, the camera located on his chest may only record the suspect's arm out to his left side. However, if Officer Jones was wearing the camera attached to his glasses and looked to see what the suspect had thrown, the camera would have recorded the robbery suspect throwing a handgun to the ground. For obvious reasons, the later scenario would provide a much larger picture of the incident, which would be better for evidentiary purposes.
However, the camera attached to an officer's glasses may distract an officer, or be more likely to fall off during physically demanding situations. This scenario occurred in Draper, Utah, where an officer observed a man slumped over in his vehicle.32 The officer approached the subject and had him exit the vehicle.33 Because the subject was in possession of evidence of illegal drugs, the officer handcuffed him and placed him under arrest.34 During this encounter, another officer arrived on scene and the officers began the process of switching out their handcuffs.35 During this exchange, the subject's hands were freed and he ran back to his vehicle.36 A struggle ensued between the subject and the officers at which time one of the officer's BWC fell to the ground.37 Seconds later, the officer fired his gun several times shooting and killing the subject.38 What was not captured on the video was the point in which the suspect pulled a knife on the officers.39 Thus, it is imperative that agencies prepare the officers—and perhaps more importantly the public—that BWC are not foolproof and that they must be able to articulate what happened if an incident is not captured on video. In addition, officers should also get into the habit of verbalizing what is occurring during the citizen encounter so that the statements are at least recorded when the video may not be. Similarly, due to officer safety concerns, an officer may not have the time or ability to turn on his camera before the encounter or incident occurs—situations in which officers must also be able to articulate why this inability occurred.
The Fear of Big Brother is Real: While most agencies permit supervisors to review video footage based on a citizen complaint or use of force incident, the real debate is whether the agency should periodically and randomly review videos to identify problems and hold officers accountable for their performance.40 By doing so, this erodes the trust between the patrol officers who are utilizing the technology and their supervisors.41
In addition, some officers feel that they should have the authority to determine when to turn the cameras on and off. Put another way, they feel that they should have the discretion to determine when to use the BWC just as they do for their use of handcuffs, pepper spray, baton, Taser gun, handgun, or any other tool on their belt. Thus, one of the most important decisions an agency must make in implementing a BWC program is determining how it will use the camera footage. Agencies should be mindful of the officers' apprehensions and implement policies and procedures that are appropriate for their individual departments.
BWC Create Concerns for Officers' Privacy: Law enforcement officers do not want the cameras to remain running for their entire shift while they are performing non-police related duties or not encountering citizens (such as using the restroom, taking a meal break, or engaging in community policing activities). These concerns should also be considered when implementing policies and procedures.
BWC Create Concerns for Citizens' Privacy: Although civil rights advocates such as the American Civil Liberties Union ("ACLU") generally support the use of BWC by law enforcement so long as the officers are not given the discretion to decide when to turn the cameras off, the impact that the technology has on citizen privacy is not entirely understood.42; In fact, the public itself does not want law enforcement to constantly record either. In addition, there is a certain level of privacy that should be afforded to confidential informants. If not, there is a potential to lose this valuable tool in law enforcement.
Not only do Federal and state laws place some restrictions concerning the expectation of privacy on using audio and video recording, but the use of such technology captures real time traumatic experiences of citizens who are victims of a crime, who are involved in medical emergencies, and who are being detained and arrested.43 Recording such events may violate their privacy and exacerbate citizens' trauma.44 Thus, "the Body Worn Video Steering Group cautions law enforcement agencies about the collateral intrusion of the technology, particularly with regard to religious sensitivities, inmate searches, witnesses and confidential informants, victims, and communications governed by legal privilege."45
Implementing Policies and Procedures
The limitations and concerns surrounding the use of BWC in law enforcement highlight the importance of implementing policies and procedures governing the usage of this technology by officers. Because law enforcement agencies differ greatly, each department should evaluate which policies and procedures will best suit their officers in compliance with all existing laws and regulations. The policies need to be specific so that officers have the appropriate guidance, but they must also be flexible to allow for changes as the program evolves46. In 2014, PERF and the Department of Justice's ("DOJ") Community Oriented Policies Services ("COPS") issued a report identifying 33 recommendations for implementing BWC, including the following: (1) policies should clearly state which personnel are assigned or permitted to wear BWC and under what circumstances; (2) if cameras are assigned to officers on a voluntary basis, policies should include specific provisions when an officer might be required to wear a body-worn camera; (3) agencies should not permit officers to use privately owned BWC while on duty; (4) policies should specify where on the body the cameras should be worn; (5) if the BWC is activated during the officer's shift, the officer should be required to note the existence of the recording on the incident report; (6) officers wearing the BWC should be required to articulate their reasoning if they fail to record an activity required to be recorded by departmental policy; (7) officers should be required to activate their BWC when responding to calls for service and during all law enforcement related encounters unless an exception arises; (8) officers should be required to inform the subjects when they are being recorded unless it would be unsafe, impractical, or impossible to do so; (9) once the technology is activated, it should remain in recording mode until the encounter ends; (10) officers should be required to obtain consent prior to recording interviews with crime victims (e.g. such as sexual assault cases); (11) officers should have the discretion to turn off the BWC during conversations with crime witnesses and citizens reporting criminal activity in their neighborhood; (12) agencies should prohibit recording of other agency personnel during routine, non-enforcement activities; (13) policies should clearly state any types of recordings that are prohibited by the department; (14) policies should designate the officer as the person responsible for downloading recorded data from his BWC unless in use of force or in-custody injuries or death (where the supervisor should take immediate custody and be responsible for downloading the data); (15) policies should include measures to prevent tampering, deleting, or copying of the video footage; (16) data should be downloaded by the end of each shift; (17) officers should properly categorize the video footage; (18) policies should specify the length of time the video footage will be retained by the agency (e.g. 60 or 90 day retention times for non-evidentiary data, but longer for evidentiary data); (19) policies should state where the video-footage is to be stored; (20) officers should be permitted to review video footage of an incident prior to making any statement about the incident; (21) written policies should clearly describe when supervisors are permitted to review an officer's video footage; (22) if the agency determines to conduct random reviews of the video footage, it should be handled by an internal audit unit rather than the officer's direct supervisor; (23) policies should prohibit personnel from accessing data for personal use and from uploading the data to social media; (24) policies should include specific measures for preventing prohibited access or release of recorded data; (25) agencies should have clear protocols for releasing video footage to the public in accordance with FOIA; (26) personnel using or otherwise involved with BWC should be required to undergo training; (27) before personnel are equipped with BWC, they must receive all mandated training; (28) BWC training should include the procedures specified herein; (29) manuals on the use of BWC should be created in both digital and hard-copy format and available to agency personnel; (30) agencies should require refresher courses on BWC and protocols on a yearly basis (at least); (31) agencies should collect statistical data concerning the usage of BWC (e.g. when video footage is used for criminal prosecution or internal affairs ("IA") matters); (32) agencies should conduct evaluations to analyze the financial impacts of implanting a BWC program; and (33) agencies should conduct periodic reviews of their protocols and procedures for BWC.47
Because BWC are relatively new in law enforcement, the issues associated with the cameras are just recently becoming understood.48 By reviewing the policies and procedures on a routine basis, agencies will be in a better position to ensure that they are in compliance with any new laws that may arise surrounding the usage of this technology. More importantly, they will maximize the benefits of the technology.
Training of Officers
With the adoption of BWC in policing, training remains as crucial as ever. Use of force training for law enforcement officers will need to change as the courts may be more willing to scrutinize an officer's judgment based on the video footage available in the courtroom. As law enforcement agencies ramp up their training on the escalation of use of force in a world of BWC, they must also address officers' perceptions of BWC.49 In fact, "one of the most challenging issues an agency may face is officer acceptance. If officers feel that the video cameras are being used as a tool to monitor officer behavior," they may be resistant to using the technology.50 Thus, it is imperative that agencies listen to their officers' concerns, emphasize the advantages of BWC, and ensure the officers understand that the primary purpose behind the use of the cameras is for officer safety and protection and evidence collection.51 To assist in this process, agencies should consider having officers from all different ranks involved in the decision making process (e.g. start a pilot program and obtain the officers' feedback), start the officers earlier on in their careers whenever possible, and roll out the cameras in smaller increments. Officers need to know that random monitoring of the cameras—if the department chooses to do so—is part and parcel of using the cameras.
Courts and the Law
Because the use of BWC is relatively new to law enforcement, the legal implications are not entirely known. However, with the growing number of departments beginning to outfit their officers with this technology, the legal community can expect to see new law develop surrounding criminal cases, civil cases, and FOIA requests. Although the production of video footage from BWC is not much of a mystery due to the provisions involving exculpatory evidence, much uncertainty still exists regarding the following: (i) When does the video footage need to be produced in discovery? (ii) When does the video footage need to be produced pursuant to a FOIA request? (iii) How do agencies handle the privacy concerns contained in video footage—such as when a BWC captures an uninvolved citizen who just happened to walk by the camera's lens? (iv) Why was the officer unable to capture the incident on video? and (v) Why did the officer fail to turn on the BWC? Thus, it is only a matter of time before legal questions on the use of BWC flood into our courtrooms.
BWC are a tool in law enforcements' arsenal and should be treated as such. While BWC provide a host of benefits to agencies and the public across the Commonwealth and the Nation, agencies should be mindful of their limitations, have proper policies and procedures in place, and continue training their officers in the proper use of force. The use of such technology through proper policies and procedures has the ability to rebuild the community's confidences in law enforcement. Ideally, this technology will decrease unlawful activity—whether by the citizens of the community or by law enforcement utilizing excessive force. By doing so, law enforcement can focus on their day-to-day functions of policing—protecting and serving the communities in which they work.
1 Michelle Warden, Esq. is a litigation attorney at Sands Anderson PC in Richmond, Virginia where she is a member of the Law Enforcement and Public Safety Defense Group. Ms. Warden is a former Fairfax County Police Officer who now represents law enforcement and public safety professionals in all aspects of litigation pertaining to their scope of employment including civil rights claims. The article appeared in the Fall 2015 issue of Journal of Local Government Law, a publication of Local Government Section of the Virginia State Bar. It is posted here with copyright permission.
2 U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Census of State and Local Law Enforcement Agencies, 2008, written by Brian A. Reaves, NCJ 233982, p. 1, accessed August 24, 2013, http://www.bjs.gov/content/pub/pdf/csllea08.pdf .
7 Public Technology Institute, 2015 Local Government Law Enforcement Technologies: National Survey Results, July 2015, at 1.
10 Press Release, David Hudson, Building Trust Between Communities and Local Police (Dec. 1, 2014), https://www.whitehouse.gov/blog/2014/12/01/building-trust-between-communities-and-local-police.
11 Press Release, Governor McAuliffe Directs Secure Commonwealth Sub-Panel to Study Law Enforcement Technologies (Apr. 21, 2015), https://governor.virginia.gov/newsroom/newsarticle?articleId=8234.
15 Police Executive Research Forum, Implementing a Body-Worn Camera Program Recommendations and Lessons Learned, Washington, DC: Office of Community Oriented Policing Services, 2014, at 5.
16 International Associations of Chiefs of Police, The Impact of Video Enhancement on Modern Policing, 2003, at 2, https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=208525.
17 Police Executive Research Forum, Implementing a Body-Worn Camera Program Recommendations and Lessons Learned, Washington, DC: Office of Community Oriented Policing Services, 2014, at 9.
20 See id.
21 See id.
22 Eugene P. Ramirez, A Report on Body Worn Cameras, at 3; William Farrar, Operation Candid Camera: Rialto Police Department's Body-Worn Camera Experiment, The Police Chief 81 (Jan. 25, 2014).
25 Police Executive Research Forum, Implementing a Body-Worn Camera Program Recommendations and Lessons Learned, Washington, DC: Office of Community Oriented Policing Services, 2014, at 5.
26 See Michael D. White, PhD, Police Officer Body-Worn Cameras: Assessing the Evidence, Washington, D.C.: Office of Community Oriented Policing Services, 2014, at 7.
32 Caroline Connolly & Ashton Edwards, Draper Police Dept. Releases Body Cam Video of Fatal Officer-Involved Shooting, Jan. 16, 2015, available at http://fox13now.com/2015/01/16/draper-police-releasing-body-cam-video-after-wvc-officer-shot-armed-suspect/.
33 See id.
34 See id.
35 See id.
36 See id.
37 See id.
38 See id.
39 See id.
46 Police Executive Research Forum, Implementing a Body-Worn Camera Program Recommendations and Lessons Learned, Washington, DC: Office of Community Oriented Policing Services, 2014, at 37.
47 See id. at 37-42.
48 Id. at 49.
John Venuti: High degree of safety as VCU’s police chief
December 15, 2015 | Virginia News
BY BRANDON SHULLEETA | Richmond Times-Dispatch
John A. Venuti, Virginia Commonwealth University's police chief, championed efforts to combat sexual assaults at colleges this year and issued body cameras for officers.
For those and other efforts, Venuti was recognized as a Campus Safety Director of the Year by Campus Safety magazine.
"Although I am the face of VCU police, this award really highlights all of the great work done by the men and women at VCU police," Venuti said by email. "There has been incredible transformation of the VCU Police Department culture."
Venuti served as chairman of the law enforcement subcommittee of the Governor's Task Force on Combating Campus Sexual Violence. Among recommendations, the subcommittee called on law enforcement to be more proactive in assault prevention and called on the state to establish stricter requirements for evidence retention and campuswide alerts.
Venuti joined the Richmond Police Department in 1984 and, as a major, was in charge of the homicide/violent crimes unit from 2003 to 2010. He became VCU police chief in 2010 and now heads one of the largest campus police departments in the nation, with 92 sworn officers.
In addition to issuing body cameras to VCU officers, Venuti has led efforts for better lighting and a stronger police presence in areas of concern on and near campus. In another step, VCU police issued an open invitation for students to use the lobby of the Police Department to meet strangers for Craigslist and other transactions.
In spring 2015, 96.5 percent of students, faculty and staff surveyed reported feeling "safe" or "very safe" on VCU's campuses, according to the school.
Under Venuti's leadership, VCU police also implemented the LiveSafe app, which is free for VCU students, faculty and staff. Users can send in photos, videos and texts to dispatchers anytime, seven days a week.
Venuti, who additionally serves as VCU's assistant vice president of public safety, also has overseen the upgrade of a universitywide security camera system, and the Police Department has used footage in hundreds of investigations.
IN HIS WORDS
Favorite book is "The Leadership Challenge," by Kouzes and Posner. When I was with Richmond police, I sent this book via Amazon to newly promoted sergeants and lieutenants. This book is the bible of leadership.
Favorite movie is "The Princess Bride." I love this fairy tale because when my kids were little, we had to have watched this movie 100 times. Every time we watched it, everyone knew and recited all the lines in the movie until someone in the family got mad. This movie reminds me of when my kids were little - I miss that.
A small moment in life with a big impact
When I was assigned to the DEA Task Force, I had it made. I had the best job in the entire Richmond Police Department. One day I was feeling sorry for myself, complaining and whining about everything. I walked into 7-Eleven to get a cup of coffee and there was a man with one leg also getting coffee. That man greeted me, inquired as to how I was doing and had the most positive outlook that I have ever been exposed to. I left the store and realized that if the man with one leg could be like that, I could be like that. I have never forgotten that brief encounter. Everyone that I tell that story to gets it immediately. Don't whine, complain and gripe. Contribute in a positive manner. All of us have the ability to change someone's life with how we act and the things that we do.
In the world of policing, role models are hard to find. When I look at my career, there have been significant investments to RPD and VCU. There is no way possible to make investments without having someone at home watching all the things that are happening on the back end while I am at work for extended periods of time. For me, that has been my wife, who has never complained about all of the time I spent away from home at work. Any success that I have had, she owns. I also look to my kids for inspiration. My son and daughter are two of the strongest, bravest people I know. I often go to bed and pray to wake up and be more like my son and daughter each day.
Alternate profession or course of study
I would pick public affairs/ marketing. I believe that organizations need to tell their stories. I think it also takes a special gift to do that effectively. There is a big difference between telling your story and spin. I hate spin. I believe in being open, honest and transparent.
Something that might surprise others
I am an extreme introvert. I present the exact opposite as an extrovert. I realized a long time ago that to lead others, I needed to flex and crawl out of my shell and be more engaging and outgoing. So I spend my days at work operating way outside of my comfort zone. For me, it's exhausting. One of my favorite things to do is to play golf alone.
I am most proud of being named Campus Safety Director of the Year by Campus Safety magazine. Although I am the face of VCU police, this award really highlights all of the great work done by the men and women at VCU police. There has been incredible transformation of the VCU Police Department culture, and I feel this recognition summarizes all of the dedication, commitment and hard work of all of my employees. I often fool around and tell people that the only thing that is the same at the VCU Police Department over the past five years is the paint on the wall, and soon that will change with our police headquarters moving to Third and Broad streets.
Favorite thing about Richmond region
My favorite thing about the Richmond region has been the change that has taken place since I arrived in 1984. Richmond is a different city now. When I arrived, there were a few good restaurants; now there are many. Richmond is a much safer city now. That factor alone is a driving force for the growth and development of Richmond.
JOHN A. VENUTI
Position: Assistant Vice President of Public Safety and Chief of Police, Virginia Commonwealth University
Born/hometown: Sept. 1, 1963; Flushing, Queens, New York City
College: Culinary Institute of America (associate's in culinary arts), Bluefield College (bachelor's in management and leadership)
Family: wife Christina, children Maria and Vincent
Just as he planned it, Sellers stepping down as Albemarle’s police chief
December 10, 2015 | Virginia News
For Col. Steve Sellers, five years at the helm is enough. On Wednesday, the 34-year police veteran announced he will hang up his gun and badge next summer and retire from his post as Albemarle County’s police chief.
While Seller’s announcement comes as a surprise to some people — which also comes on the heels of Charlottesville Police Chief Timothy J. Longo’s retirement announcement last month — Sellers said he knew exactly when he was going to retire. He said he committed to five years on the job and that deadline has come around.
“I decided to retire before I was hired,” Sellers, 54, said. “If you know anything about me, I’m a strategic thinker. I’m a planner. This was not something I just decided to do.”
“I don’t think any chief should be around longer than seven years — I just don’t.”
While personal reasons lie at the heart of Sellers’ decision, he said it’s important for police agencies to grow and innovate. He said his years of experience have been vital to his role as a leader, but added that a good police chief needs to be able to adapt to the times and not get stuck behind the experience.
“I’ve been a police officer for a long time,” said Sellers. “When it’s all said and done, 34 years of police service. That’s a lot of experience, and experience hampers innovation.”
“To carry policing into the 21st century adequately, you need innovation,” he added. “I’m not saying I’m not innovative — I am — but sometimes experience blocks that. It’s time for a fresh set of eyes to move this department to the next level.”
Sellers began his police career with the Fairfax County Police Department, where he spent more than 28 years and eventually reached the position of deputy chief of police. Thinking about his future retirement, Sellers began looking for a place where he and his wife, Jennifer, could eventually settle down. That’s when he found Charlottesville.
“My wife and I thought, ‘Wow, this would be a really neat place to retire,’” Sellers said.
Sellers then saw that the Albemarle County Police Department was looking for a new chief and, thinking it would be a good opportunity, put his name in for the job.
* * *
As a police chief, Sellers also was on the executive board of the Virginia Association of Chiefs of Police. He said he wanted a chance to learn from other police chiefs and said it was important to hear from both small and large police departments across the state. Williamsburg Police Chief Dave Sloggie, president of the board, said it was a pleasure to work with Sellers.
“Chief Sellers is a unique individual,” Sloggie said. “He has been a calm and insightful friend and law enforcement partner. He has served the citizens admirably, providing ethical guidance and leadership in the county, as well as statewide to the entire law enforcement community.”
“I feel honored to know him and privileged to have worked closely with him on the VACP board,” he added. “He will be greatly missed throughout Virginia. I wish him good health and happiness in his well-deserved retirement.”
Roanoke Police Chief Chris Perkins Announces Retirement in March 2016
December 4, 2015 | Virginia News
Roanoke, Va.- Roanoke Chief of Police Chris Perkins announced his retirement today after more than 23 years as a member of the Roanoke Police Department. He will retire on March 1, 2016.
Chief Perkins joined the department on October 12, 1992. He was promoted to the rank of sergeant in 1999, lieutenant in 2004, captain in 2006, and deputy chief in 2008. He became chief on October 13, 2010.
"Chief Perkins was one of my first hires when I arrived in Roanoke and I couldn't be more proud of the work he's done," said Roanoke City Manager Chris Morrill. "His contributions, which are many, will have a lasting impact on not only the Police Department, but our entire city for generations to come."
During his tenure as chief, the Police Department began working together with other city departments and neighborhood volunteers to conduct regular community walks. He initiated the Drug Market Intervention in the Hurt Park and Melrose neighborhoods, which has reduced crime and quality of life concerns in those communities.
It was also during Chief Perkins' tenure that the innovative Growth Through Opportunity [GTO] Cadet program began. The program helps adults with unique challenges hone their job skills so they can seek employment. All four of the first class of GTO cadets now has jobs. The second class of GTO cadets started in November.
Chief Perkins oversaw the creation of ISTAR [Intelligence, Statistics, Technology, Accountability, and Research], ensuring greater efficiency and accountability in the department. Chief Perkins worked together with command staff and officers in 2013 to reorganize the entire department, creating the Community Response Bureau, which allowed the department to focus on specific concerns within neighborhoods.
Chief Perkins worked with Roanoke Commonwealth's Attorney Donald Caldwell to create a Public Safety Summit, which meets monthly and is an opportunity for the different agencies and organizations to work hand-in-hand to better the entire region.
In that spirit of regional cooperation, Chief Perkins collaborated with Roanoke County Chief of Police Howard Hall to create a joint academy to enhance training between both departments in 2014. Chief Perkins and Chief Hall also established the Regional Drug Unit to better address drug trafficking in the Roanoke Valley.
"I want to thank the City Manager for the opportunity to serve as Chief of Police in this Six-Time All-American City, the citizens of the City of Roanoke for their partnership and support, and most importantly, the amazing men and women I've had the privilege of working with here at the Roanoke Police Department," Chief Perkins said. "This is home. The staff here at RPD is my family. I am proud to retire in March after wearing the Roanoke Police Department badge for over 2 3 remarkable years."
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Governor Announces Virginia ABC Bureau of Law Enforcement Receives VLEPSC Accreditation
December 2, 2015 | Virginia News
RICHMOND - Today, Governor Terry McAuliffe announced that the Virginia Department of Alcoholic Beverage Control (ABC) Bureau of Law Enforcement received its initial accreditation from the Virginia Law Enforcement Professional Standards Commission (VLEPSC). The Commission, a panel of police chiefs and sheriffs from across the state, voted unanimously for the accreditation award.
“I am pleased that the Virginia ABC Bureau of Law Enforcement has taken this important step in the agency’s effort to keep Virginians safe in the most professional and credible manner,” said Governor McAuliffe. “As states across the nation grapple with the difficult issues of trust and cooperation in community law enforcement, I am proud that Virginia is leading the way.”
The accreditation program, administered through the state’s Department of Criminal Justice Services, is a thorough inspection and review of agency policies, procedures, processes and operations as defined by 190 stringent standards. Four performance areas including administration, operations, personnel and training are carefully evaluated against established criteria by an independent panel of certified assessors.
“I commend the Virginia ABC Bureau of Law Enforcement for reaching this important milestone – one that not only supports an ongoing culture of professionalism and accountability but also completes one of the significant recommendations made to the Governor by the ABC Law Enforcement Expert Review Panel,” said Virginia Secretary of Public Safety and Homeland Security Brian Moran.
Virginia ABC Special Policy Advisor for Law Enforcement Ryant Washington said the accreditation is a source of pride for the agency and an asset for residents of the commonwealth. “This accreditation process has provided an important framework for professional self-inspection,” said Washington. “It has increased the effectiveness of our policy development, the efficiency of our delivery of services and ensures that we continue to provide proper training. We are committed to maintaining this high level of professionalism and responsibility,” he said.
An assessment team made up of independent law enforcement professionals from across Virginia inspected files, collected incident reports and photos, conducted interviews and observations and reviewed activities, equipment and facilities as part of the three-day accreditation examination. ABC’s regional enforcement offices across the state underwent a thorough check to ensure policy and practice compliance in all areas. In order to maintain accreditation, the agency will be reassessed every four years.
“Overall, the accreditation process promotes public confidence in law enforcement as a whole,” said Virginia ABC Chief Operating Officer Travis Hill, who oversees the agency’s Enforcement Bureau. “Obtaining this designation indicates Virginia ABC’s continuing commitment to maintain a professional law enforcement organization that holds its agents, management and staff to a higher standard. I congratulate the agents and staff who served on the Virginia ABC accreditation team, as well as all members of the Bureau on this accomplishment.”
Approximately 92 Virginia law enforcement agencies are accredited by VLEPSC, which was founded in 1993 and is overseen by an executive board comprised of Virginia police chiefs and sheriffs who are appointed by the Virginia Association of Chiefs of Police and the Virginia Sheriffs’ Association. The program is managed by the Virginia Department of Criminal Justice Services.
The Virginia Department of Alcoholic Beverage Control (ABC) is a major source of revenue for the commonwealth, contributing more than $1.8 billion to the general fund in the last five years. The agency currently operates 353 state stores. Its Bureau of Law Enforcement oversees more than 16,000 ABC licensed establishments while the Hearings and Appeals Division considers more than 700 cases each year. The agency also provides alcohol education and prevention programs for people of all ages. ABC is committed to progress and innovation in carrying out its control, service and revenue mission.
Middleburg, Va. named best National Night Out event among communities with less than 5,000 people
December 2, 2015 | Virginia News
by Chief A.J. Panebianco, Middleburg Police Department
Every August since 2012, the Town of Middleburg and the Middleburg Police Department have participated in the National Night Out event.
As described on the National Night Out web site,
"National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live. National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community and provides a great opportunity to bring police and neighbors together under positive circumstances.”
The Middleburg Police Department partnered with the Community Center and took to the first event with eager volunteers, willing council support, and police officers who really do want to make a difference. However, the most important ingredient has to be the people of Middleburg. The relationship between the police and the town is a testament to the vibe that is Middleburg. The Department really is a community police department. The officers are known by their first names and can be seen helping with various community projects. In Middleburg the Police Department belief is: “We don’t have to police the community…because we are the police FOR the Community.” Policing in Middleburg is truly a community effort and it shows with the low incidents of crime and the thousands who feel safe to visit it monthly.
The years have moved forward and this year the community held its 4th Annual National Night Out. We felt it was time to test what we do against the rest of the nation. To that end, the department entered our event in the competition. Middleburg competed in Category #6 against communities of up to 5,000 residents. The hope was to do well enough to be noticed. However, we are excited to announce that Middleburg Virginia, population of around 750 people, is the Category 6 “Communities with a population of 5,000 or less” National Winner. Winning this contest is a testament to the dedication this community has as it relates to policing. Our event was part of The 32nd Annual National Night Out which involved 38.3 million people in 16,728 communities from all 50 states, U.S. territories and military bases worldwide.
This year’s event featured a rock climbing tower, the ultimate bungee, bounce house, magician, DJ, health screening bus, fire/rescue display, fire marshals display, blood hounds, bike safety information, food, drinks prizes or all. As the event progressed we had some folks come and go. However, the final head count was just over 400 people…amazing numbers for a community this size. So this award is a thank you for our Community that is Middleburg.
To see the complete list of all winters and the top 10 from the Category 6 follow this link. https://natw.org/award-winners
Virginian-Pilot wins lawsuit to get police officers’ info
November 20, 2015 | VACP
To: VACP & VACLEA Members and Current & Former Virginia Law Enforcement
FROM: Dana Schrad, VACP/VACLEA Executive Director
The article below, released Thursday, details the outcome of a lawsuit filed by The Virginian-Pilot against the Virginia Department of Criminal Justice Services for enforcement of a written agreement between the Pilot and DCJS to release the names of all current and former Virginia law enforcement officers (an estimated 125,000 names). The VACP worked diligently with DCJS and with the Office of the Attorney General to fight this release to protect the LEO training records held in the T-REX database as exempt under the definition of personnel records.
Although we are disappointed that the agreement to release the officer names was upheld, the decision did affirm that the training records held by DCJS are personnel records and exempt from mandatory release.
We will review the impact of this decision and proposed amendments to the Virginia Freedom of Information Act at the upcoming 2016 VACLEA Winter Conference (January 7-8) and the 2016 VACP Midyear Conference (February 22-23) — both to be held at the Hilton Short Pump Hotel and Conference Center in western Henrico County.
Officer safety is a priority of the VACP, so we have partnered with ManageUrID to provide Virginia law enforcement with a 50% discount on services to detect and remove your personal information from unauthorized internet sites.
Visit our website at https://vacp.manageurid.com/ to sign up for this inexpensive but important service to protect you and your family.
NORFOLK — The Virginian-Pilot has won a lawsuit to get basic information about law enforcement officers across the state.
Norfolk Circuit Judge Joseph Migliozzi ruled Wednesday that records of 125,000 current and former police officers, sheriff’s deputies and other law enforcement personnel from some 500 agencies are subject to the state’s Freedom of Information Act.
Migliozzi ordered officials with the Department of Criminal Justice Services to give The Pilot the following information: officers’ names, agencies they work for, and when they started and stopped working for those agencies.
Pilot Editor Steve Gunn said he was happy the newspaper prevailed.
“But really we see it as a victory for the public,” he said. “We’re strong believers information should be made public in most cases.”
Michael Kelly, a spokesman for the Attorney General’s Office, which represented the Department of Criminal Justice Services, declined to talk about the decision because he hadn’t read Migliozzi’s ruling.
The Pilot and reporter Gary A. Harki sued the Criminal Justice Services Department last month seeking access to a database that tracks training for Virginia’s law enforcement officers. At a trial earlier this month, Harki told Migliozzi that he used similar data from West Virginia to track how police departments were shuffling problem officers to other departments.
Lawyers with the Attorney General’s Office argued that the information amounted to personnel records and was exempt from the Freedom of Information Act.
They also argued that the Department of Criminal Justice Services wasn’t the primary keeper of the records – that the records’ owners were the individual law enforcement agencies, which simply shared them with the department.
Migliozzi ruled otherwise, although he said it was tough weighing public access against the safety of law enforcement officers.
“This is a heavy burden on me,” he said during the trial.
Norfolk police Chief Michael Goldsmith testified that he opposed the release of information on his nearly 750 sworn officers.
Terrorists with al-Qaida and the Islamic State group have encouraged lone wolves in the United States to attack military members and police officers, Goldsmith said. And hackers with groups like Anonymous might use bits of information to identify officers, dredge up more information and release it to the public.
“I have a duty to the officers to protect them as much as I can,” Goldsmith said.
Harki said his agreement with the department forbids him from releasing the list, or any name on the list, unless he confirms it with another source, such as the agency the officer works for.
Virginia State Police Capt. Jeff Baker raised a question during his testimony: Can The Pilot guarantee the security of the list once it leaves the protection provided by law enforcement computer servers?
The Pilot sued DCJS after four months of failed negotiations with the state. Harki asked for the information in June, and state officials balked, saying they were worried about exposing undercover officers.
Over the next month, the sides negotiated. Officials agreed to turn over the records, so long as Harki and his editors didn’t publish names from the list without corroborating them with individual agencies.
State officials then reneged on the agreement, which led to the lawsuit.
The Pilot’s lawyer, Conrad Shumadine, argued that allowing the state to back out of the agreement after Harki did everything he could to find a solution would have undermined the Freedom of Information Act, making it useless.
Former Salem police chief named Vinton interim chief
October 30, 2015 | Virginia News
By Tiffany Stevens | Roanoke Times
Retired Salem Police Chief Jeff Dudley will act as Vinton’s interim police chief while town council members continue their search for the department’s new head, according to a news release.
Vinton Town Council appointed Dudley as interim chief Tuesday. He will temporarily replace Benjamin Cook, who announced earlier this month he was leaving the department to take a job as a security manager at LewisGale Medical Center. Cook’s last day is Friday.
Dudley worked with Salem police for 37 years before retiring in 2014. He has a master’s degree from Radford University and graduated from the Virginia Forensic Science Academy, the Federal Bureau of Investigation National Academy and the Virginia Chiefs Professional Executive Leadership School.
Vinton Town Manager Chris Lawrence said Dudley will continue receiving pension from his time as Salem police chief while working as Vinton’s interim chief.
“He’s a contract employee. Since it’s only going to be for three months that doesn’t affect his pension,” Lawrence said. “If we have to hire him for longer we’ll discuss it then.”
Council members are recruiting candidates for chief and hope to have a new chief in place in early 2016. Dudley will begin his interim term Monday.
Department of Justice Releases Report on Officer Safety and Wellness
October 28, 2015 | Virginia News
Report Highlights Four Police Departments with Effective Programs
The Department of Justice today announced the release of a new report that focuses on advancing the health and safety of police officers across the country. The publication, Health, Safety, and Wellness Program Case Studies in Law Enforcement, focuses on the innovative approaches to promoting officer safety and wellness taken by four police agencies. The report was released by the Department of Justice’s Office of Community Oriented Policing Services (COPS Office).
“The health and wellness of law enforcement officers is essential to public safety,” said Attorney General Lynch. “In order to ensure that our communities are kept as secure as possible, we must provide the officers who serve them with the tools they need to protect their health, ensure their well-being, and manage the rigors of their difficult work. The case studies in this report offer an important guide as we seek to support and care for men and women who risk their lives for us every day.”
“The safety and well-being of our police officers are as important to community policing and public safety as are building community trust and confidence,” said Director Ronald Davis of the COPS Office. “We know police work is tough, stressful, and dangerous. Officers are put in dangerous situations every day. We must make police officer wellness and safety a top priority.”
The four case studies presented in the publication offer an opportunity to better understand the significance and value that officer wellness programs present in successfully reducing officer sickness, injuries and deaths associated with poor health or traffic-related accidents. The case studies serve as models for safety, health and wellness programs and each offers practical strategies that have shown positive results. The four law enforcement agencies featured in this publication are the Boca Raton Police Department, the Prince George’s County Police Department, the Fairfax County Police Department and Reno Police Department.
The report is the product of the Attorney General’s Officer Safety and Wellness Group, led by the COPS Office and Bureau of Justice Assistance, in partnership with the Major Cities Chiefs Association. The group is comprised of representatives from police associations and unions, federal government agencies, universities and local law enforcement agencies, with additional subject matter experts and guest presenters with expertise on specific topics.
The publication, Health, Safety, and Wellness Program Case Studies in Law Enforcement, is available here: http://ric-zai-inc.com/ric.php?page=detail&id=COPS-P332.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 127,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Department of Justice Releases Report on the Ambush of Police Officers
October 28, 2015 | National News
The Department of Justice today announced the release of an Office of Community Oriented Policing Services (COPS Office) report that addresses ambushes and violence against police officers. The report, Ambushes of Police: Environment, Incident Dynamics, and the Aftermath of Surprise Attacks against Law Enforcement, analyzes ambushes of the police and provides new information that can guide police executives, trainers, supervisors, policymakers and researchers in addressing the issue.
“Law enforcement officers regularly put their lives on the line in order to protect our communities and serve our nation,” said Attorney General Lynch. “As part of our work to support these brave men and women, the Department of Justice is committed to extensive efforts aimed at preventing violent action against the police. This report will serve as a critical base of knowledge as we work to defend our law enforcement and ensure our officers’ safety.”
“Every day, law enforcement officers serve this nation with distinction by protecting all of us from harm,” said Director Ronald Davis of the COPS Office. “That protection, however, comes at great risk to the men and women who courageously don the uniform and wear the badge. We know that the murder of a police officer in the line of duty is an assault on the entire community. When that murder is a result of an ambush, it also attacks the very foundation of our democracy. We must act to address this persistent threat. This ambush report is an important first step.”
The report, compiled by CNA, investigates methods for preventing, responding to, and effectively responding to ambushes of police officers. Ambush attacks against law enforcement officers remain a threat to officer safety, with the number of attacks per year holding steady since a decline in the early 1990s and the proportion of fatal attacks on officers attributable to ambushes increasing.
The report examines the environmental factors prevalent in ambush situations, and considers factors that may impact the survivability of an ambush assault. It also examines how police organizations can learn in the wake of these critical incidents and aid in the development and evaluation of policies and training programs aimed at improving outcomes following an ambush assaults against an officer.
The report, Ambushes of Police: Environment, Incident Dynamics, and the Aftermath of Surprise Attacks against Law Enforcement, is available here: http://ric-zai-inc.com/ric.php?page=detail&id=COPS-P340.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 126,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Department of Justice Announces New Guidebook on 21st Century Policing
October 28, 2015 | National News
Attorney General Lynch to Launch Phase Two of Six-City Community Policing Tour Highlighting Jurisdictions that Effectively Implement Recommendations in the 21st Century Policing Guidebook
The Department of Justice today released a new resource guide called The President’s Task Force on 21st Century Policing Implementation Guidebook, which outlines strategies to help communities, law enforcement and local government implement recommendations in the President's Task Force on 21st Century Policing Report. President Obama announced the new guidebook today at the International Association of Chiefs of Police Convention in Chicago.
As part of the announcement, the Attorney General will launch Phase Two of the Justice Department’s Community Policing Tour. Each stop along the six-city tour will highlight a jurisdiction that is effectively implementing one of the six pillars outlined in the task force guidebook.
“The Department of Justice is dedicated to building trust between law enforcement officers and the communities they serve; enlisting the public’s assistance in reducing crime; and creating the stronger and safer communities that all Americans deserve,” said Attorney General Loretta E. Lynch. “This implementation guide offers a crucial blueprint for elected officials, law enforcement officers, and community leaders alike as they work to put important policies and reforms into practice across the country.”
“The President’s Task Force on 21st Century Policing Implementation Guide highlights specific actions for local elected and appointed government officials, law enforcement agencies, communities and other stakeholders to support a comprehensive approach to reduce crime and build trust and legitimacy,” said Director Ronald Davis of the Office Community Oriented Policing Services (COPS Office). “Success will require collaboration and partnerships among these groups.”
Guidebook Summary on 21st Century Policing: Five Ways Stakeholder Groups Can Implement the Task Force’s Recommendations
- Engage with local law enforcement; participate in meetings, surveys, and other activities.
- Participate in problem-solving efforts to reduce crime and improve quality of life.
- Work with local law enforcement to ensure crime-reducing resources and tactics are being deployed that mitigate unintended consequences.
- Call on state legislators to ensure that the legal framework does not impede accountability for law enforcement.
- Review school policies and practices, and advocate for early intervention strategies that minimize involvement of youth in the criminal justice system.
- Review and update policies, training, and data collection on use of force, and engage community members and police labor unions in the process.
- Increase transparency of data, policies, and procedures.
- Call on the POST Commission to implement all levels of training.
- Examine hiring practices and ways to involve the community in recruiting.
- Ensure officers have access to the tools they need to keep them safe
- Create listening opportunities with the community.
- Allocate government resources to implementation.
- Conduct community surveys on attitudes toward policing, and publish the results.
- Define the terms of civilian oversight to meet the community’s needs.
- Recognize and address holistically the root causes of crime.
The President’s Task Force on 21st Century Policing was charged by President Barack Obama with identifying best practices and offering recommendations on how policing practices can promote effective crime reduction while building public trust. The task force submitted its final report to the President in May 2015. In July 2015, the White House and the COPS Office convened a forum of elected officials, police executives and community members to jointly discuss the task force recommendations and share strategies for implementation.
The implementation guide is a companion to the task force report and is informed by strategies shared at the July convening and feedback from the field. It provides guidance on implementing the task force’s 59 recommendations and 92 action items and serves as a resource for law enforcement, local government, community members and other stakeholders interested in concrete examples of how to turn the task force recommendations into action.
The President’s Task Force on 21st Century Policing Implementation Guidebook is available here: http://ric-zai-inc.com/ric.php?page=detail&id=COPS-P341. Further information about the President’s Task Force on 21st Century Policing is available here: http://www.cops.usdoj.gov/default.asp?Item=2761.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 127,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Leesburg Police Win International Police Excellence Award
October 28, 2015 | Virginia News
Motorola Solutions and The International Association of Chiefs of Police (IACP) announced the recipients of the 2015 Webber Seavey Award for Policing Excellence at the International Association of Chiefs of Police (IACP) Annual Conference in Chicago on Monday, October 26, 2015.
Jointly sponsored by IACP and Motorola, the Webber Seavey Award is presented annually to agencies and departments worldwide in recognition for promoting a standard of excellence that exemplifies law enforcement's contribution and dedication to the quality of life in local communities. This program helps law enforcement agencies worldwide and the communities they serve by redefining the concept of law enforcement and how it is routinely performed. The award is named for Webber S. Seavey, the IACP's first president. The program annually honors achievements in one or more of the following goals:
- Continually improving services to the community;
- Strengthening police relations and promoting community participation;
- Effectively using resources;
- Enhancing communications within and cooperation among agencies;
- Developing creative and innovative approaches that promote excellence in law enforcement.
The 2015 IACP-Motorola Solutions Webber Seavey Award for Excellence in Law Enforcement was presented during the IACP Annual Conference first general assembly to the Leesburg Police Department; Vancouver, British Columbia Police Department; and the Waterloo, Ontario Regional Police Service.
“These three law enforcement agencies have gone the extra mile to improve the quality of life in each of their communities,” said John Zidar, vice president, Motorola Solutions. “Recipients of this award are held in high esteem as exemplary models of effective law enforcement programs that can be mirrored by agencies from around the globe.”
Leesburg, Virginia Police Department: Organized Retail Crime
Using evidence-based policing, the department identified an increase in organized shoplifting and losses exceeding those reported to law enforcement. To address these issues Leesburg used a three-prong approach including high-visibility patrols, education and theft prevention operations, Leesburg has experienced a sustained reduction in organized retail crime.
Vancouver, British Columbia, Canada Police Department: Assertive Outreach Team
In part of the city’s downtown area, 3 percent of the population accounted for 25 percent of all reported mental health calls to the department. To address these issues, police officers teamed up with nurses and other healthcare professionals to transition residents from local emergency departments to appropriate community services. As a result of their efforts, there has been a 77 percent reduction in violent offences by these residents.
Waterloo, Ontario, Canada Regional Police Service: Connectivity Waterloo Region
More than 80 percent of calls for service in Waterloo are non-criminal in nature and are about residents impacted by poverty, addiction and mental health issues. To address these calls, the Waterloo Police Service created an early-intervention program with multiple agencies to connect high-risk individuals and families to services and support within 24 to 48 hours.
"We're proud to recognize the outstanding achievements of the three winners of this year's IACP/Motorola Solutions Webber Seavey Award for Excellence in Law Enforcement," said IACP’s President, University of Central Florida Police Chief Richard Beary. "The IACP/Motorola Solutions Webber Seavey Award for Excellence in Law Enforcement exemplifies the best qualities of public servants – identifying a need in the community and taking action to address it.”
A local presentation of the award will be made by IACP and Motorola officials at the November 10, 2015 Leesburg Town Council meeting.
About the IACP
The International Association of Chiefs of Police is the world’s largest association of law enforcement executives. With over 25,000 members in more than 121 countries, the IACP serves as the professional voice of law enforcement. Building on their past success, the IACP addresses cutting edge issues confronting law enforcement through advocacy, programs and research, as well as training and other professional services. IACP is a comprehensive professional organization that supports the law enforcement leaders of today and develops the leaders of tomorrow.
About Motorola Solutions
Motorola Solutions (NYSE: MSI) creates innovative, mission-critical communication solutions and services that help public safety and commercial customers build safer cities and thriving communities.
Governor McAuliffe Signs Executive Order to Keep Guns Out of Dangerous Hands
October 15, 2015 | Virginia News
RICHMOND - Governor Terry McAuliffe today signed an executive order directing actions to keep guns out of dangerous hands by better enforcing existing Virginia law. The Governor signed the executive order at a press conference alongside U.S. Senator Tim Kaine, Attorney General Mark Herring and members of the law enforcement and gun safety advocacy community.
“The actions directed in this executive order will help our Commonwealth better enforce Virginia laws designed to keep guns away from people who would use them for harm,” said Governor McAuliffe. “The task force I have convened will take tangible steps to bring more successful prosecutions of gun crimes, and the other steps outlined in the order will aid in our efforts to keep families safe from gun violence. We must continue to work to overcome political resistance to commonsense gun safety legislation, but in the mean time I am committed to using every power of my office to prevent senseless killings.”
The Governor has made reducing gun violence a central focus of his administration. In today’s press conference he listed common sense legislative proposals, like universal background checks and keeping guns away from violent criminals, domestic abusers and stalkers, which were rejected by Republicans in the General Assembly. As he signed today’s executive order, he pledged to introduce legislation again in the upcoming session and to continue to make the case for preventing gun crime in communities across the Commonwealth.
The full text of the Governor’s executive order is below:
NUMBER FIFTY (2015)
EXECUTIVE ACTION TO PREVENT GUN VIOLENCE
Importance of the Issue:
Like too many communities around the nation, cities and counties across the Commonwealth have experienced the devastating effects of gun violence. While Virginians will never forget the tragic massacre of young promise that occurred at Virginia Tech in 2007, or the most recent murders of two young journalists on air in Roanoke, gun violence has tragically impacted families and communities from Lee County to the Eastern Shore, from Loudoun to Halifax in ways that have changed those communities forever.
Through the efforts of many Virginians within both the public and private sectors, our Commonwealth has taken great steps to limit access to guns to those who have mental health issues, previous felony convictions, or a current protective order. But, as events around our nation and Virginia’s own recent history show, more must be done.
It has been estimated that nearly 40% of all guns sold in America are sold by private, unlicensed sellers either online or through gun shows. These sellers are not required by federal or state law to perform any background checks before transferring a firearm. While law enforcement can appropriately monitor the compliance of Federal Firearm Licensees (“FFLs”), unlicensed sellers face little to no regulation in their selling of firearms. Without appropriate safeguards, this large gap in our firearm regulatory scheme gives criminals and other persons incapable of passing a background check easy access to firearms. In a state where open carry is lawful, our law enforcement personnel have no way to determine if a person openly carrying a firearm is in lawful possession or a convicted criminal taking advantage of a gap in our regulatory system.
The ease of access to firearms by criminals and others intent on harm is even more concerning when viewed in light of the general open access to our public facilities. Every day, over 60,000 Virginians report to work in state government buildings across the Commonwealth to provide services to their fellow Virginians. Our citizens rely on open access to these facilities to address their personal and professional needs. Whether it is to incorporate a business, renew a driver’s license, apply for a job, seek a permit, or just to attend a public hearing, our government facilities are essential to allowing our citizens access to their government representatives. Allowing open carry in these facilities by individuals who may not lawfully possess a firearm exposes our state employees and fellow citizens to unnecessary risk.
There is no magic solution to curbing gun violence. As the National Institute of Justice noted, no single approach will prevent gun violence: “To reduce gun violence, a sustained program that addresses both demand and supply is needed. A successful intervention will have elements of federal-local law enforcement collaboration, community involvement, targeted intervention tactics and continuous program evaluation.”
My administration, in consultation with the Office of the Attorney General, along with federal and local law enforcement, is committed to doing everything within our power to prevent gun violence in our communities. Accordingly, pursuant to my authority under Article V of the Constitution of Virginia and under the Code of Virginia, I am ordering the following:
I. Establish Joint Task Force to Prosecute Gun Crimes
There shall be established a Joint Task Force to Prosecute Gun Crimes (the “Task Force”), to be led by the Attorney General of Virginia and the Secretary of Public Safety and Homeland Security. The Task Force shall be comprised of representatives from state and local prosecutors and law enforcement, the Virginia State Police, the Department of Criminal Justice Services, along with federal partners in order to develop strategies and coordinate efforts to strictly enforce existing gun laws under state and federal law. Following from successful law enforcement efforts in the past, the Task Force will put special emphasis on enforcing two key protections under the law:
1.) That only licensed firearms dealers engage in the business of selling firearms.
2.) That persons prohibited from owning firearms are prevented from obtaining them.
The Task Force will rely principally on the investigatory powers of state and federal law enforcement agencies, in partnership with local agencies, in order to pursue effective enforcement actions, using both criminal and civil proceedings, to enforce the gun laws.
Additionally, I am asking the Task Force to identify those areas within our regulatory system that significantly hamper law enforcement’s ability to effectively pursue illegal transfers of weapons and how our Commonwealth can be better situated to address these areas.
II. Authorize Attorney General to Coordinate and Bring Criminal Cases Against Firearms Law Offenders
In order to facilitate enforcement of the existing gun laws, I am invoking my authority under § 2.2-511 and asking the Attorney General to coordinate these prosecutorial efforts and bring such cases as he may deem most appropriate in order to protect the citizens of the Commonwealth from illegal firearms sales. I also reserve the right to initiate any other legal proceedings that may be necessary to protect the citizens of the Commonwealth from illegal firearms sales.
III. Establish Tip Line for Illegal Gun Activity
The Virginia State Police coordinates the criminal background checks used by licensed firearm dealers to confirm that prohibited individuals are not able to purchase firearms. To aid in enforcement of the gun laws already on the books, I hereby order the Virginia State Police to establish a Tip Line that will enable citizens to report violations of the gun laws and to collect a reward for any successful prosecutions flowing from the information provided.
IV. Trace Guns Used in Crime
Gun violence occurs every day in the Commonwealth, oftentimes by individuals who should never have had a gun in the first place. In order to aid in the Task Force’s work, I hereby direct the Virginia State Police to set a policy to request tracing of every gun used in the commission of a crime in the Commonwealth, working with local and federal law enforcement to accomplish this goal.
Obtaining this information will be critical to enforcing the gun laws already on the books in Virginia.
V. Encourage Judges and Prosecutors to Seek Gun Forfeiture in Felony and Other Cases
Cases of domestic violence in which there is access to firearms often ends in needless tragedy. The power to prevent gun purchases, however, is not effective when the domestic abuser or felon already has access to guns.
Accordingly, in consultation with the Office of the Attorney General, we will be working, through training and advocacy, to encourage prosecutors and judges to use their broad power in both criminal sentencing and in domestic violence protective orders to require persons prohibited from obtaining guns to forfeit guns they may already possess.
VI. Banning Firearms in State Government Buildings
We must take every precaution to protect our citizens and state employees from gun violence. We cannot wait until a tragedy occurs to decide to address it. Prevention requires us to address areas of concern before they are realized. Accordingly, I hereby declare that it is the policy of the Commonwealth that open carry of firearms shall be prohibited in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties. Within 30 days of the date of this Executive Order, the Director of the Department of General Services (DGS) shall issue guidance prohibiting carrying weapons openly in offices occupied by executive branch agencies.
I further order the Director of DGS, within 30 days of the date of this Executive Order, to propose regulations to ban the carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties.
All Virginians have the right to feel safe and secure in going about their daily lives. The Governor of Virginia has no more sacred responsibility than to see to it that the public is safe, using all legal means to secure this right. My administration, in partnering with the Attorney General of Virginia, along with federal and local law enforcement, today renews and re-emphasizes this commitment. Working together, it is my hope that these initiatives will help reduce senseless gun violence in Virginia so that we may all feel more safe and secure living in our great Commonwealth.
Effective Date of this Order
This Executive Order shall be effective upon its signing and shall remain in full force and effect, unless otherwise amended or rescinded by further executive order.
Given under my hand and under the Seal of the Commonwealth of Virginia this Fifteenth day of October 2015.
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$750,000 Grant Will Help Local Law Enforcement Strengthen Relationship with Local Communities
October 15, 2015 | Virginia News
RICHMOND -- Governor Terry McAuliffe today announced the availability of $750,000 in Byrne Justice Assistance Grant (JAG) funds for training and equipment for local law enforcement agencies to help strengthen their relationship with their local communities in support of his “Policing in the 21st Century” initiative.
Police agencies, sheriff’s departments and regional training academies will be invited to submit grant proposals aimed at addressing, issues like, cultural diversity, de-escalation techniques, community relations and communications supports. The Virginia Department of Criminal Justice Services (DCJS) administers Virginia’s JAG funds and will award the grants to successful applicants.
“Building strong relationships within their communities is an essential part of the important public safety work our law enforcement agencies do,” Governor McAuliffe said. “It’s critical that officers get the training and tools they need to build trust and cooperation while enforcing the law effectively and fairly.”
“Building and sustaining trusting relationships with their communities remains the foundation for law enforcement agencies across the Commonwealth as they confront difficult questions relating to the state of police-community relations and engage in culturally responsive policing,” said Brian Moran, Secretary of Public Safety and Homeland Security, who oversees DCJS. “I applaud the Governor’s investment in building trust and legitimacy in police- community relations. We know that law enforcement agencies throughout the Commonwealth are working hard to implement strategies that promote inclusivity and enhance community trust.”
“We encourage all law enforcement agencies in the Commonwealth wishing to find creative, effective ways to partner with their communities to apply for this grant,” said DCJS Director Francine Ecker. “At this time of limited resources, we hope these grants will enable them to expand their training for the betterment of public safety in general, and for each community in particular.”
Information about applying for a grant, including grant guidelines and the required application forms, is available from the DCJS website, at www.dcjs.virginia.gov. Grant applications will be reviewed by staff at DCJS and by a subcommittee of the Department’s policy body, the Criminal Justice Services Board (CJSB). The subcommittee’s recommendations will be submitted to the full Board for final action in early December.
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Office of the Governor
Contact: Brian Coy
Secretary of Public Safety and Homeland Security
Contact: Greg Davy
Vinton Announces Retirement of Police Chief Ben Cook
October 8, 2015 | Virginia News
VINTON, VA – The Vinton Town Council has announced the retirement of Police Chief Benjamin L. Cook, effective October 25, 2015. A native of Franklin County, Cook came to the Vinton Police Department in 2001. He is retiring after nearly fourteen years of service with the Town, the last four years as Chief of Police, completing 30 years of service to the public.
Chief Cook began his career with the Franklin County Sheriff’s Department in 1985. He also worked with the Franklin County Department of Public Safety as a Firefighter/Paramedic and a Fire Marshal, and with the Norfolk Southern Railroad Police Department as a Special Agent. In 2001, he joined the Vinton Police Department and has held various ranks since that time. In July 2011, Cook was named as interim Chief, and then appointed by Council as Chief of Police in December 2011. Chief Cook also served as the Emergency Services Coordinator for the Town, ensuring the emergency operations plan is up to date and coordinates emergency services functions during critical incidents. Cook has a bachelor’s degree in Public Safety/Criminal Justice from Bluefield College, is a graduate of the Virginia Forensic Science Academy, attended the Professional Executive Leadership School at the University of Richmond, and the Law Enforcement Executive Development Seminar sponsored by the FBI.
When he announced his retirement plans to Council, Chief Cook was quoted as saying “I would like to thank Town Council, Town Staff, the men and women of the Vinton Police Department, as well as the citizens of Vinton for the support and trust they placed in me to serve as Chief of Police. The Vinton Police Department is a professional and dedicated law enforcement agency that will continue to serve our citizens well. I am also excited about the opportunity to be part of the LewisGale Medical Center staff and look forward to beginning this new chapter in my professional career”.
Mayor Grose thanked Chief Cook for his years of service to the Vinton community and for his dedicated service to the public over the past 30 years. “Chief Cook has served honorably and leaves an accredited department that is respected in our region. I look forward to a smooth transition with a very dedicated and strong police department. Our officers are highly committed to serving the Vinton citizens.”
During the transition, Town Council will appoint an Interim Chief at the October 20th Council meeting, who will lead the department until the recruitment process is complete.
Cook will be joining LewisGale Medical Center as Security Manager. In this position, he will provide management and oversight of security operations as well as coordinating emergency response activities and disaster planning for the facility. “LewisGale takes the safety and security of our patients, visitors, and employees very seriously, and we are very fortunate to have someone with Ben’s experience and skills assume this responsibility,” says Michael Abbott, Chief Operating Officer, LewisGale Medical Center. “We are looking forward to Ben joining our LewisGale family.”
About LewisGale Medical Center
LewisGale Medical Center is part of LewisGale Regional Health System which includes 4 hospitals, 2 regional cancer centers, 6 outpatient centers and affiliations with both employed and independent physicians. With 3,300 employees, its annual payroll is $245.6 million. The system also paid $31 million in taxes and provided more than $125 million in uncompensated care to those most in need in 2014 alone. LewisGale is also part of HCA Virginia, the largest and most comprehensive healthcare provider in the Commonwealth with nearly 15,000 employees. For more information see www.lewisgale.com.
For more information, please visit www.vintonva.gov, or call 540-983-0607.
DEA’s Prescription Drug Take-Back Effort A Big Success
October 1, 2015 | National News
Thousands of Americans in communities across the country discarded more than 350 tons of unused, expired, or unwanted drugs as part of the Drug Enforcement Administration’s (DEA) National Prescription Drug Take-Back Day Initiative (NTBI) on Saturday, September 26.
This past weekend, more than 3,800 federal, state and local counterparts took in more than 702,365 pounds of unused, expired or unwanted drugs at more than 5,000 collection sites across the United States. This was the tenth NTBI event since September 2010; cumulatively, these events have collected 5,525,021 pounds of drugs.
“The numbers are shocking—approximately 46,000 Americans die each year from drug-related deaths. More than half of those are from heroin and prescription opioids,” said Acting DEA Administrator Chuck Rosenberg. “With four out of five new heroin users starting with prescription medications, I know our take-back program makes a real difference.”
The NTBI addresses a crucial public safety and public health issue. According to the 2014 National Survey on Drug Use and Health, 6.5 million Americans abused controlled prescription drugs. That same study showed that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. The DEA’s NTBI events are also a significant piece of the White House Office of National Drug Control Policy’s prescription drug abuse prevention strategy.
In his Weekly Address, President Obama spoke about the importance of preventing and treating substance use disorders and called on Americans to participate in National Prescription Drug Take-Back Day: https://www.whitehouse.gov/the-press-office/2015/09/26/weekly-address-dispose-your-expired-and-unwanted-prescription-drugs.
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Lynchburg names new police chief
October 1, 2015 | Virginia News
The city announced in a news release Monday that Raul Miguel Diaz, currently assistant police chief in Fort Lauderdale, Florida, will assume his duties Nov. 19.
Parks Snead will retire effective Oct. 1 and is expected to name Maj. Jerry Stocks as acting interim chief, according to City Manager Kimball Payne.
“I am confident that Raul is the very best person for the position,” Payne said in the release.
“He brings both experience and knowledge to the office and has demonstrated his leadership abilities throughout his career.
"His philosophies of community policing and building relationships within the department, the organization and most importantly, the community, were all critical to my decision to offer him the job.”
The annual chief’s salary in Lynchburg is $128,000, according to Payne.
Payne chose Diaz after an “extensive nationwide search” involving an initial pool of more than 50 applicants.
That pool was narrowed down to three people, who Payne said had hour-long meetings with about 30 community stakeholders including representatives from schools, neighborhood watch groups and the National Association for the Advancement of Colored People.
Payne said the group asked itself “‘Is community policing an overused word? What’s next in community policing?’ And [Diaz] talked about community building in all aspects of the community, and that just really impressed us.”
Diaz began his service in Fort Lauderdale in 1989 and held a variety of positions before he was promoted to assistant chief in 2013. He also has served as a special agent with the Air Force Office of Special Investigations, a job he described as similar to the television show “NCIS.”
“Working with people, working with the community; I’d probably have to say that’s the thing I enjoy the most,” Diaz said in a phone interview Monday.
Fort Lauderdale Police Chief Frank Adderley said in a phone interview Monday that Diaz was a driving force in lowering the city’s crime rates through his work in a crime prevention and community outreach unit.
“He was the leader in coordinating those efforts in our police department … and I would say that definitely contributed to our success in reducing crime,” Adderley said.
The move north will be a drastic change in scenery for the 49-year-old, who will go from overseeing 200 detectives in Fort Lauderdale to about 170 officers in Lynchburg, according to the departments.
Diaz said he plans to address diversity among officers, who are primarily white males.
“I want us to be as diverse as the community we serve,” Diaz said.
He also acknowledged the difference in public record laws between Florida and Virginia, but was unsure exactly how that would play into the department’s transparency efforts.
“I come from a state and I come from a culture that if you ask me” for information, and it doesn’t hurt an ongoing investigation, “you’re entitled to it and we’re going to give it to you,” he said, adding he is unfamiliar with specific differences in the public records laws.
“I think that if the information that I have is going to build that trusting relationship in the community … I can release the info because it won’t hurt the integrity of an investigation,” Diaz said.
He declined to delve into his other goals or policies until he gets to know Lynchburg better.
“There’s some uniqueness to every community and I want to wait before I start talking about, ‘Well this is the way we did this over here,’ because it might not apply,” he said.
Farewell to the chief: Lynchburg bids Snead goodbye
October 1, 2015 | Virginia News
Community leaders from far and wide came together Tuesday afternoon to honor Lynchburg Police Chief Parks Snead as he enters the newest chapter of his 31-year career: retirement.
Guests mingled and chatted with one another over light refreshments at the Lynchburg City Schools Information Technology Center. Someone – no one would say who -- had found some of Snead’s old high school pictures and made a “Happy Retirement” banner to hang in the back of the room.
“…I understood there’s probably no more important decision that a city manager makes than choosing the person to lead the police department in a community like Lynchburg,” City Manager Kimball Payne said. “I think recently I made a good decision, but I know I made a great decision eight years ago when I asked Parks to be the chief of police for the city of Lynchburg.”
Snead was appointed chief in 2008 and officially retires on Thursday. Raul M. Diaz, the current assistant chief of police for the city of Fort Lauderdale, will take over Snead’s position Nov. 19, Payne announced this week.
“It has just been wonderful over the last number of years to see [Snead] be the face of the police department to city council,” Mayor Michael Gillette said. “…You have certainly put this community at ease at times where we might not have been as at ease and even when we’re not at ease you have been there as a comforting leadership figure. We just appreciate that tremendously.”
Payne and Gillette were only two of the many speakers at the event. Other speakers included Lynchburg Branch NAACP President Gerald Cheatham, Maj. Todd Swisher, Commonwealth’s Attorney Michael Doucette and former Lynchburg Police Capt. Brandon Zuidema.
“Having become a chief, you gain a different perspective on things,” Zuidema said, who is now police chief of Garner, North Carolina. “I now understand a little bit better some of things [Snead] did or didn’t do.”
Zuidema also thanked Snead’s family for supporting him and sharing him with the department over the years. At the end, Zuidema said that Snead was not only a great chief, but a great person.
“I learned a lot from you,” Zuidema said. “And I use a lot of it every day in what I do. And I’m proud to have worked with you and to call you a mentor and a friend…”
Throughout the presentation, Snead was presented with plaques, an engraved pocket knife, a new retired chief police badge and a shadow box showing his ranks throughout his career in Lynchburg.
Afterwards, Snead said being a police chief is an amazing opportunity to help and see Lynchburg change for the better.
“It’s a great position to watch the community grow,” Snead said. “What’s better than watching something grow?"
Va. DMV issues new Sons of Confederate Veterans license plates
September 29, 2015 | Virginia News
Holders of the old Sons of Confederate Veterans license plates have until October 4, 2015 to replace their “flag” plates with the newly designed plates. Please share this with all of your officers.
If you have any questions, please contact:
Joseph Hill, Assistant Commissioner
Virginia DMV Office of Enforcement and Compliance
Herring Announces Initiatives to Promote Safe, Impartial 21st Century Policing in Virginia
September 29, 2015 | Virginia News
Regional trainings and contemporary training academy materials will help police safely and effectively protect our communities while promoting fair and equal treatment for all
RICHMOND (September 29, 2015) — Attorney General Mark R. Herring today announced the first in a series of initiatives to promote safe, impartial, 21st century policing in Virginia, and to promote mutual trust and positive relationships between Virginia law enforcement agencies and the communities they serve. After months of discussions with stakeholders including law enforcement agencies, community leaders, and others, Attorney General Herring will be launching a dual-track training initiative to provide current and future law enforcement officers with opportunities for contemporary, evidence-based training on topics including impartial policing, bias awareness, situational decision making, de-escalation, and use of force.
"Here in Virginia, we all share the common goals of ensuring that police can safely and effectively protect our communities, while guaranteeing that everyone is treated fairly and equally," said Attorney General Herring. "Those two goals are not in conflict. In fact, they're inextricably linked, and we have to get them both right if we're going to have the safe, successful communities we all want.
"Events across the country and even in the Commonwealth over the last year have tested the relationships between law enforcement agencies and their communities, maybe like never before. Fatal encounters between law enforcement officers and citizens, and the resulting community responses, have forced every community to take a close look at the way we police ourselves. I believe that we as a Commonwealth are strong enough to ask those hard, fundamental questions and seek the truth, wherever it leads.
"Over the last year, my team and I have met with community leaders, law enforcement officers, and other stakeholders to see what we should be doing as a Commonwealth to promote safe, impartial, 21st century policing, and to help bring communities and their law enforcement agencies closer together.
"Based on these conversations, I am launching a dual-track training initiative that will promote safe, impartial, 21st Century policing both in the short term and in the years to come. This dual-track training initiative will give new and experienced officers additional skills and tactics for safely dealing with potentially confrontational situations, and for ensuring that each member of the community is treated fairly and equally. These are the skills that can build trust, encourage communication and interaction, bring communities and their police departments closer together, make communities safer, and ultimately, save lives."
REGIONAL TRAINING INITIATIVE
During conversations with law enforcement leaders and community stakeholders, it became clear that there is a common interest in expanded professional development opportunities for law enforcement officers, particularly on skills that promote equal treatment, safety, and positive relationships between law enforcement agencies and their communities, such as impartial policing, bias awareness, situational decision making, and use of force.
To meet a need that has been identified by both law enforcement leaders and their communities, Attorney General Herring will host a series of regional, multi-day training sessions for experienced officers focusing on the skills that are necessary for effective 21st century policing. The trainings will be targeted to agencies in underserved areas of the state that may have difficulty offering these opportunities to their officers.
"During my most recent statewide public safety tour, I discussed this type of training with law enforcement agencies that span the full range, from big city and county police departments, to small and midsize departments that are under constant budget stress," said Attorney General Herring. "The departments that have done this kind of training say it's essential in modern community policing. I also heard from many law enforcement agencies, especially in rural or less populated areas, that would love this kind of training, but candidly, they told me they lacked the capacity to plan, fund, and execute these training sessions. Community leaders also told me that if we only did one thing to promote safe and impartial policing and to promote mutual trust and respect, this was what they wanted to see."
The OAG has already started working with Secretary of Public Safety Brian Moran and the Department of Criminal Justice Services to plan and secure top subject matter experts and resources for these trainings, which should begin in the Spring of 2016.
DEVELOPMENT OF CONTEMPORARY BASIC TRAINING ACADEMY MATERIALS
To ensure that Virginia is a national leader in modern, evidenced-based policing, the OAG will work with DCJS and public safety stakeholders to develop new, high-quality basic training academy materials that will target elements required by DCJS in a manner that emphasizes the skills necessary for successful 21st century policing, such as bias awareness, professionalism, use of force, de-escalation, and impartial policing. These training materials will be made available and accessible to all local and regional training academies.
"This is a huge project that is going to have a positive and sustainable impact on public safety throughout the Commonwealth, and working together, we will make sure Virginia is a national leader in promoting safe and impartial community policing," said Attorney General Herring. "In Virginia, we don't want to just meet the standards. We want to set them.
"These initiatives are in-line with the recommendations of President Obama's Task Force on 21st Century Policing, and with training initiatives supported by the U.S. Department of Justice and its Office of Community Oriented Policing Services. They will also complement numerous efforts by local agencies that understand the value of these trainings and have begun pursuing them."
Law enforcement, public safety, and community leaders from across the Commonwealth expressed their support for these new collaborative training initiatives:
"More comprehensive and evidence-based police training and implementing representative and community-based policing will ultimately provide better protections for both law enforcement and the citizens they protect and serve," stated Congressman Bobby Scott. "I commend Attorney General Herring and Secretary of Public Safety Moran for working together to launch this new initiative, which will ensure that Virginia is leading the way in promoting better and safer policing."
"I wish to thank Virginia's law enforcement agencies that have spent the last 20 years building collaborative partnerships and trusting relationships with their communities," said Secretary of Public Safety and Homeland Security Brian Moran. "This collaborative initiative with the Attorney General's office presents an outstanding opportunity for those who have been successful in their community policing initiatives to help those who are looking to strengthen their efforts. They, along with my office, will be available to help them seek additional resources, training and new tools for building trust and legitimacy in policing in their communities."
"As President of the Virginia State Conference of the NAACO (VSC-NAACP), I wish to thank Virginia Attorney General Mark Herring for including VSC-NAACP in the proposed review of necessary changes and implementation of new procedures within and from the State Attorney General's Office," said Carmen Taylor, President of the Virginia State Conference of the NAACP. "I am proud that his office has recognized that the VSC-NAACP can be and should be a valued ally in his efforts here in Virginia."
"The Virginia Sheriffs' Association applauds the Attorney General's effort to enhance relationships in our communities between law enforcement and the citizens of the Commonwealth," said John W. Jones, Executive Director of the Virginia Sheriffs' Association. "As Virginia's only local elected law enforcement officers, Virginia's sheriffs understand firsthand the importance of this effort and look forward to partnering with the Attorney General in this effort."
"Every officer in Virginia deserves to receive the best quality training we can provide to ensure their safety and the safety of our citizens," said Williamsburg Chief David Sloggie, President of the Virginia Association of Chiefs of Police. "Our goal is to ensure that the critical components of our basic and in-service training are consistent statewide in both content and quality."
"The VACP looks forward to this opportunity to work with Attorney General Herring on this important training initiative," said Dana Schrad, Executive Director of the Virginia Association of Chiefs of Police. "Virginia is poised to lead the nation in ensuring that our law enforcement officers receive the best professional training possible."
"The National Organization of Black Law Enforcement Executives support Attorney General Herring in the efforts being made by his office to safely and effectively protect our communities while ensuring that everyone is treated fairly and equally," said Morris Roberson of the Central Virginia Chapter of the National Organization of Black Law Enforcement Executrices (NOBLE). "This is not just an opportunity for the police to receive the additional training noted by Mr. Herring, but for our communities has a whole to get involved in our own safety and the safety of each other."
The OAG will soon be issuing a "Request for Proposal" for development of contemporary materials for basic training academies and will work with stakeholders throughout the process, including the Department of Criminal Justice Services, to ensure the Commonwealth's public safety goals are met. This is a large, transformational project that is expected to take 12-18 months.
In the coming weeks, Attorney General Herring plans to unveil additional strategies to promote safe, impartial, 21st century policing in the Commonwealth, and equal justice under the law.
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Contact: Michael Kelly
(804) 786-5874 (office)
(804) 356-5077 (cell)
DEA to Hold 10th National Prescription Drug Take-Back Day Sept. 26
September 22, 2015 | National News
Event will take place from 10 am-2 pm on Saturday, September 26th
September 22 - (Washington, D.C.) – This Saturday from 10 a.m. to 2 p.m. local time, come to one of the almost 5,000 collection sites around the nation to return all unwanted, unneeded, or expired prescription drugs for safe and anonymous disposal. This is the U.S. Drug Enforcement Administration’s (DEA’s) 10th National Prescription Drug Take-Back Day in the past five years.
Collection sites in every local community, manned by DEA and its local law enforcement and community partners, can be found by going to www.dea.gov or calling 800-882-9539. All states and some territories will be participating Saturday (with the exception of Pennsylvania and Delaware, which held their events earlier in the month).
The National Prescription Drug Take-Back Day addresses vital public safety and health issues. Many Americans are not aware that medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that many abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, many Americans do not know how to properly dispose of their unused medications, often flushing them down the toilet or throwing them away – posing safety and environmental hazards.
“Our goal is to reduce the risk of addiction and the 46,000 overdose deaths a year that come with prescription drug abuse. Take Back Day is a great opportunity for folks to help reduce the threat,” Rosenberg said. "Please clean out your medicine cabinet and make your home safe from drug theft and abuse.”
DEA’s previous nine nationwide Take-Back events collected 4,823,251 pounds—more than 2,411 tons—of drugs.
VACP recommends shrouding of badges for Virginia State Police trooper who died in crash
September 21, 2015 | Virginia News
The VACP recommends that Va. law enforcement officers shroud their badges in honor of Virginia State Police Trooper Nathan-Michael W. Smith though the day of his funeral — Saturday, September 26.
Our sincerest condolences to Trooper Smith's family and friends and to the Virginia State Police.
Friday, September 25, 2015
5:00 p.m. to 8:00 p.m.
St. Paul’s Baptist Church
4247 Creighton Road
Henrico, VA 23223
Saturday, September 26, 2015
St. Paul’s Baptist Church
4247 Creighton Road
Henrico, VA 23223
Burial will be private for family and VSP only.
For incoming Law Enforcement/Honor Guard:
LOCAL AIRPORT - Richmond International Airport (RIC)
Contributions can be made to the Virginia State Police Association Emergency Relief Fund. Make checks payable to the VSPA-ERF and notate. "Smith" on the memo line of your check. Mail to VSPA. 6944 Forest Hill Ave., Richmond, VA, 23225. Also, if anyone would like to make an online contribution through Paypal. Visit www.vspa.org and click on Emergency Relief Fund. It is important to put "Smith" in the note section of your Paypal contribution.
VIRGINIA STATE POLICE MOURNS LOSS OF TROOPER
Trooper Dies Following Traffic Crash in Prince George County
RICHMOND – Virginia State Police are mourning the loss of one of its own today after Trooper Nathan-Michael W. Smith died following a traffic crash in Prince George County. Trooper Smith, 27, of Suffolk, Va., becomes the Department’s 61st sworn employee to die in the line of duty. Trooper Smith was responding to what he believed to be a fellow trooper in distress when his patrol car ran off the road and crashed.
At 7:11 a.m., Monday (Sept. 21), Virginia State Police responded to a single-vehicle crash on Route 460 in Dinwiddie County. A 2004 Dodge Ram 1500 pickup truck was traveling east on Route 460, near Airport Street, when it ran off the right side of the road and struck the guardrail. The adult male driver was transported to Southside Regional Medical Center, where he died later Monday morning. The fatal crash remains under investigation.
One of the troopers at the Route 460 crash scene radioed the state police Richmond Division dispatch to request rescue. When other troopers in the Area heard that request for rescue, they understood it to mean there was a trooper in distress. The troopers immediately began responding to the scene on Route 460.
At approximately 7:20 a.m., Monday (Sept. 21), Trooper Smith was en-route to the perceived distress call. As he took the I-295 south exit ramp to I-95 north in Prince George County, his Ford Taurus patrol vehicle ran off the left side of the ramp. The patrol car overturned onto its side and struck several trees before coming to rest in the trees. The trooper had to be extricated from the vehicle and was flown to VCU Medical Center. He died later Monday (Sept. 21) morning.
It was later determined that the troopers understood the initial radio call as a citizen administering CPR to a trooper at the Route 460 crash scene. When, in fact, it was a trooper and citizen administering CPR to the driver of the pickup truck.
The state police Richmond Division Crash Reconstruction Team is investigating the Prince George County crash, which remains under investigation.
Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable
September 16, 2015 | Virginia News
Police Officers are often faced with unimaginable circumstances that most of society runs away from. However, police officers took the oath to protect and serve, and to run towards that danger. Sometimes, running towards that danger means that an officer will have to make a split second decision as to whether deadly force is necessary. It is the moment that all police officers train for—but hope that they do not have to face.
On July 14, 2010, officers from the City of Richmond police department were faced with this very situation. Two SWAT officers fatally shot a suspect who barricaded himself in an upstairs master bathroom of a home. The suspect, who had active warrants on file and who was also the suspect from a homicide that took place earlier that morning, made numerous threats to the police officers triggering the standoff. The SWAT officers responding to the scene were notified of the suspects’ criminal history and the threats made thus far. The SWAT officers positioned themselves in an adjacent bedroom with eyes on the master bathroom door, which was less than 15 feet away. While barricaded, the suspect made numerous threats to the officers that he would shoot any police officer or dog that tried to come in after him, that he was going to go out in a “blaze of glory,” and that he was going to come out with his “junk”—which the officers believed meant a gun. One of the negotiators with eyes on the suspect believed that he saw a gun in the suspect’s waistband, and this information was relayed to the SWAT officers. After several hours of negotiations and the suspects repeated threats to the police, the decision was made to fire two rounds of tear gas into the master bathroom forcing the suspect to hopefully emerge peacefully. However, the suspect exited the master bathroom and charged towards the SWAT officers with his arms extending and holding what appeared to be a barrel of a gun with a t-shirt wrapped around it. In fear of their lives and those of their fellow officers, the first SWAT officer positioned across the hall fired one round striking the suspect, while a second SWAT officer fired several rounds at the suspect striking him on multiple occasions. The suspect was transported to the hospital, where he was pronounced dead.
It was later determined that the “handgun” believed to be displayed by the suspect—was a woman’s high-heeled shoe, the heel of which was pointed at the SWAT officers to mimic the barrel of a gun.
The suspect’s family filed a civil action against the officers alleging that the officers used excessive force. The family attempted to argue that there was a conspiracy or a cover-up amongst the officers and the police department. In support, the family argued that this case should be tried by a jury because there was a material dispute of fact as one of the SWAT officers saw a “towel”—not a “t-shirt”—laying on the floor near the suspect, and another SWAT officer did not recall seeing the shoe or a t-shirt.
The first SWAT officer filed a Motion for Summary Judgment requesting the Court to dismiss the claims against him because his use of force was not excessive and, even if it was, he was entitled to qualified immunity. Despite the family’s assertion of conspiracy, the Eastern District Court of Virginia held that there was no genuine dispute of material fact as to the manner in which the officer exited the master bathroom and charged at the SWAT officers. The District Court also held that whether the other SWAT officers recalled seeing a shoe or t-shirt was not a material dispute of fact. Rather, “a lack of recollection does not create an issue of fact that will defeat a motion for summary judgment.” Hubbard v. Bohman, 2013 WL 2645260 at *8 (M.D.N.C. 2013). Under the circumstances of this case, the District Court granted the SWAT officer’s Motion for Summary Judgment. The District Court took it one step further and held that the first SWAT officer was entitled to qualified immunity at the time that he shot the suspect because he was faced with what he reasonably believed to be an imminent deadly threat to himself and the other officers with the City of Richmond Police Department.
The District Court entered its Order on March 18, 2015, even amongst the scrutiny that police officers are currently under by the public. This case goes to show that despite recent events in the media, when officers act reasonably under the circumstances, they will be afforded protection under the law, and rightfully so.
If you have questions, Sands Anderson’s Law Enforcement and Public Safety Defense Team would be glad to speak with you.
Town of Haymarket Names New Police Chief
September 15, 2015 | Virginia News
Mayor David Leake announced the appointment of Eric S. Noble as Police Chief, who was was selected from a highly qualified pool of over 50 applicants to oversee the police department of the Town of Haymarket.
Chief Noble’s first day was Sept. 14, 2015.
“Eric’s background and experience makes him a perfect fit for our town. The Town Council and I expect the Chief to build upon the transformation over the past year and to bring the police department to the next level,” said Mayor David Leake. “He has served with distinction for over 27 years in law enforcement and I am confident the town will benefit from his leadership and expertise.”
Chief Noble’s prior experience includes being Division Commander and Assistant Division Commander with the Loudoun County Sheriff’s Office. He holds a B.S. in Commerce from UVA, Charlottesville, VA and is a graduate of the FBI National Academy in 2009. Chief Noble is a four time Valor Award recipient; an award honoring local heroes. He received three awards from the Loudoun County Chamber of Commerce and a fourth award from the Dulles Regional Chamber of Commerce.
“I am both humbled and honored to be chosen to lead the Haymarket Police Department,” said Noble. “It’s an exciting opportunity to build on the successes of Interim Chief Smith and I’m looking forward to becoming part of such a vibrant community.”
August 2015 Issue of the Virginia Police Legal Bulletin Published
September 11, 2015 | VACP
The Virginia Police Legal Bulletin is a publication of the Virginia Police Legal Advisors Committee (VaPLEAC) of the Virginia Association of Chiefs of Police. The purpose of the Bulletin is to provide timely information about court cases, legislative actions, and general subject matter of interest to police legal advisors and law enforcement officers in Virginia.
August, 2015 (Vol. 10, No. 2)
VACP Installs 2015-2016 Executive Board
September 8, 2015 | VACP
The Virginia Association of Chiefs of Police on September 1st installed the 2015-2016 VACP Executive Board during the Valor Awards Banquet of the association’s annual conference in Williamsburg, Virginia. The new board members are:
PRESIDENT – Chief David C. Sloggie, Williamsburg – Chief Sloggie has 39 years of experience with the Williamsburg Police Department, and holds a Bachelor of Arts Degree in Criminology from Saint Leo College and a Master in Justice Administration from Golden Gate University. He is a 1985 graduate of the FBI National Academy, a 1992 graduate of the United States Secret Service Dignitary Protection School, and a 1996 graduate of the Police Executive Leadership School at the University of Richmond.
IMMEDIATE PAST PRESIDENT – Chief Gary W. Roche, Pulaski – Chief Roche has been Chief of Police in Pulaski since 2001, and has a Master Degree in Administration of Justice. He is a graduate of the FBI Academy and the Professional Executive Leadership School. He has served as president of the Blue Ridge Association of Chiefs of Police, and currently serves on the Virginia Law Enforcement Professional Standards Commission.
1ST VICE PRESIDENT – Colonel Thierry G. Dupuis, Chesterfield County – Colonel Dupuis was appointed the chief of police for the Chesterfield County Police Department in 2007. Colonel Dupuis has served within all major divisions within the department. He is the 7th chief in the department's history and the first to have held all ranks within the department including officer, sergeant, lieutenant, captain, major and lieutenant colonel. Colonel Dupuis holds an associate degree in applied science from John Tyler Community College, a Bachelor of Science degree from Virginia Commonwealth University and a Master degree in business administration from Averett College. Chief Dupuis chairs the VACP Legislative Committee.
2ND VICE PRESIDENT – Chief Christopher C. Perkins, Roanoke City – Chief Perkins has served as Roanoke Chief of Police since 2010, and has been with the department since 1992. He has a Bachelor of Arts from the University of Tennessee and a Master of Arts from Hollins University. Chief Perkins is a graduate of the FBI National Academy, the Police Executive Research Forum, and has received numerous awards for his law enforcement training skills.
3RD VICE PRESIDENT – Chief Kelvin L. Wright, Chesapeake – Chief Wright was appointed the Chesapeake police chief in 2008, and has been a champion for change in the agency and for crime reduction in the community. Chief Wright has a Bachelor’s of Science Degree, Cum Laude, in Sociology from Saint Leo University; a Master in Public Administration from Troy University and is pursuing a PhD in Public Administration and Urban Policy from Old Dominion University. He is active in developing leadership education programs for the Virginia Police Chiefs Foundation.
EXECUTIVE BOARD MEMBERS
Chief Douglas A. Goodman, Ashland – Chief Goodman was appointed Ashland police chief in 2008, where he has worked to enhance officer productivity and effectiveness. Under his watch, his agency has increased civic engagement, reduced traffic accidents by 42% over a seven-year period and reduced overall crime by 8.3% since 2007. The work of the agency has been recognized by the Virginia Municipal League, Virginia Neighborhood Coalition and continues to represent well int the annual Virginia Law Enforcement Challenge program. The Ashland Police Department became CALEA accredited in 2008 and remains the smallest police department in the Commonwealth to hold that designation. Chief Goodman holds a Bachelor’s of Science Degree in Sociology from Virginia Tech and a Master in Public Administration from Virginia Commonwealth University, and serves on the Board of Directors for the Virginia Center for Policing Innovation. (2015-2019 term)
Chief Stephen L. Sellers, Albemarle County - Chief Sellers was appointed Albemarle County Chief of Police in 2011, after serving from 1997-2011 in progressive positions with the Fairfax County Police Department and rising to the rank of Deputy Chief. He has a Master Degree in Public Administration from Virginia Polytechnic Institute and State University, and a Bachelor of Arts in Business Management from National Louis University. Chief Sellers graduated from the FBI National Academy in 2000, and is a member of the Virginia Highway Safety Committee. (2013-2017 term)
Chief A. J. Panebianco, Middleburg – Chief Panebianco has been the police chief in Middleburg since April, 2012. He previously served as Chief of Police in Louisa, Warsaw and Buena Vista. Chief Panebianco has a Bachelor of Science in the Administration of Justice from Bluefield College, and is a graduate of the Professional Executive Leadership School at the University of Richmond. He currently serves on the Awards Committee, Budget & Finance Committee member, and Professional Image & Ethics Committee of the VACP. (2014-2018 term)
Chief DeWitt Cooper, Tazewell – Chief Cooper began his career working for the Hanover County Sheriff’s Office. He next joined the Warsaw Police Department, where he was appointed Chief in 2002. He was appointed Tazewell Police Chief in 2012. Chief Cooper has attended the Virginia Police Chiefs Foundation New Chiefs School, and currently serves on the VACP Legislative Committee. He has an Associate’s degree from J. Sargeant Reynolds Community College. (2014-2018 term)
Chief Howard Hall, Roanoke County – Chief Hall was appointed to lead the Roanoke County Police Department in August 2012 after 25 years of service with the Baltimore County Police Department. He joined the Baltimore County Police in 1986 upon graduation from the University of Maryland, where he received a B.A. in Government and Politics. Chief Hall spent 20 years with the BCPD as a commander and gained experience in the areas of patrol, traffic, special operations, training, administration, accreditation compliance, and human resources. In addition to receiving a Master of Public Administration from the University of Baltimore in 1995, Hall attended the F.B.I National Academy and holds a Graduate Certificate in Police Administration. Hall is also a certified instructor and nationally recognized expert in data-driven policing – where data and analysis are used to guide police operations and solve issues. He is an active member of the International Association of Chiefs of Police (IACP) and serves on the organization’s Highway Safety Committee. Hall also serves on the Virginia Highway Safety Committee. (2015-2019 term)
The Virginia Association of Chiefs of Police is a statewide organization of federal, state and local police chiefs and law enforcement executives dedicated to improving the professionalism of police agencies in Virginia. The Association was founded in 1926 and has more than 600 members. The Association provides annual training programs for law enforcement executives, directs a statewide traffic safety program for law enforcement, produces Freedom of Information Act guidelines for law enforcement and lobbies for law enforcement interests at the state and federal level. The Virginia Police Chiefs Foundation is a charitable educational foundation created by the VACP to provide training and education programs for law enforcement.
Front Row – Immediate Past President Chief Gary Roche (Pulaski); Third VP Chief Kelvin Wright (Chesapeake); President Chief Dave Sloggie (Williamsburg); First VP Chief Thierry Dupuis (Chesterfield County); Second VP Chief Chris Perkins (Roanoke).
Back Row – At-Large Executive Board Members Chief DeWitt Cooper (Tazewell), Chief Doug Goodman (Ashland), Chief Howard Hall (Roanoke County), Chief Steve Sellers (Albemarle County) & Chief A.J. Panebianco (Middleburg).
Virginia Secretary of Public Safety Receives 2015 VACP President’s Award
September 2, 2015 | VACP
The Honorable Brian J. Moran, Virginia Secretary of Public Safety & Homeland Security, was honored September 1 with the 2015 President’s Award.
Each year, the VACP President honors an individual who makes a significant contribution to the law enforcement profession, and specifically to the Virginia Association of Chiefs of Police. This year, 2014-15 VACP President, Pulaski Police Chief Gary Roche, presented the award to the Honorable Brian J. Moran, Virginia Secretary of Public Safety & Homeland Security, at the VACP Annual Conference in Williamsburg.
“Secretary Moran has made a great effort to reach out to the VACP and work with the police chiefs on legislative and policy initiatives," said Chief Roche in his presentation. "In 2015, he played a strategic role in redirecting numerous legislative initiatives on body cameras, license plate readers, drones and data collection to study groups to ensure a thorough examination of all relevant issues. Secretary Moran headed up the task force on special conservators of the peace and was instrumental in his support of legislation authorizing our established private police departments. His leadership and vision are integral to strengthening the working relationship between the Governor’s office and our law enforcement leaders. The VACP thanks Secretary Brian Moran for his tremendous commitment to working with and supporting Virginia law enforcement, and it’s my honor to present him with the 2015 VACP President’s Award.”
Secretary Brian Moran has a passion for public service, particularly in the area of public safety and social justice issues. His unique combination of experience as a practicing attorney, former state legislator and leader, and an association executive give him a multi-faceted perspective of how organizations function. Leadership skills are an important part of making any enterprise succeed and Secretary Moran has a demonstrated record of motivating and focusing people in both business and government environments.
The Secretary draws on his experiences as a local County prosecutor and his thirteen years serving in the Virginia legislature. He began his career as a judicial law clerk in Arlington, Virginia learning the intricacies of the court system. In 1989 he started his career as County prosecutor where he prosecuted a variety of crimes including murder and rape. He was elected seven times to represent the 46th legislative district.
While in the legislature, Secretary Moran served on the Courts of Justice Committee, the State Crime Commission, the Militia, Police, and Public Safety Committee, the Board of the Alcohol Safety Action Program, and the Secure Virginia Panel. As a legislator he focused on numerous public safety issues. He championed and sponsored legislation in the areas of: child abuse, domestic violence, drunk driving, drug interdiction and elder abuse. He forged bipartisan coalitions and support to pass numerous pieces of legislation. Most notably: creating the felony drunk driving law; and Alicia's Law, which provides law enforcement the necessary tools to stop internet sexual predators from preying on our children.
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The Virginia Association of Chiefs of Police is a statewide organization of federal, state and local police chiefs and law enforcement executives dedicated to improving the professionalism of police agencies in Virginia. The Association was founded in 1926 and has more than 600 members. The Association provides annual training programs for law enforcement executives, directs a statewide traffic safety program for law enforcement, produces Freedom of Information Act guidelines for law enforcement and lobbies for law enforcement interests at the state and federal level. The Virginia Police Chiefs Foundation is a charitable educational foundation created by the VACP to provide training and education programs for law enforcement.
Photo Caption: 2014-15 VACP President Chief Gary Roche, Pulaski Police & Secretary Moran.
Photo Credit: Erin Schrad, VACP
Contact: Ms. Dana Schrad, Executive Director
Mobile: (804) 338-9512
Eleven Virginia Law Enforcement Officers Receive 2015 VACP/VPCF Awards for Valor
September 2, 2015 | VACP
Officers from Chesapeake, Colonial Heights, Norfolk, Pulaski, Richmond and Roanoke County recognized for heroism; Norfolk Police Officer Brian Jones honored posthumously.
The Virginia Association of Chiefs of Police on September 1, 2015 presented eleven Virginia law enforcement officers from six agencies with the Association’s highest honor, the Award for Valor. The awards were presented at the Valor Awards Banquet at the annual conference of the Virginia Association of Chiefs of Police, held this year at the Williamsburg Lodge in Williamsburg, Virginia. The Honorable Brian J. Moran, Virginia Secretary of Public Safety and Homeland Security, assisted in the presentation of the awards. The awards program is a joint effort of the Virginia Association of Chiefs of Police and the Virginia Police Chiefs Foundation.
The Award for Valor recognizes a law enforcement officer who, in the line of duty, performs an act of extraordinary heroism while engaged with an adversary at imminent personal risk.
Officers receiving the 2015 Awards for Valor are:
Chesapeake Police Department
Officer Michael Hilton
On the evening of January 14, 2015, officers were called to assist the complainant with a person who was reported to be suicidal. Initially, it was indicated that the suicidal subject was in the street threatening to commit suicide by unknown means. Shortly after the call was dispatched, officers were informed that the suicidal male was in possession of a gun. Little additional information about the gun or the location of the subject was available prior to officers arriving.
Due to the potentially dangerous situation, Officer Hilton stopped his vehicle on the side of the road before arriving on scene and retrieved his rifle from the trunk of his police vehicle. He verified the weapon was loaded and made it ready. This would later prove to be the one officer safety decision that would save his life as well as the lives of other officers and residents in the area.
When turning onto the scene, Officer Hilton immediately started taking gunfire from the suicidal subject. The subject was in the middle of the street about 75 yards away, firing a rifle in Officer Hilton’s direction. At the same time, another officer was arriving on scene. Both Captain Draper and Officer Hilton were within the line of fire and were hearing rounds striking objects nearby.
Using patrol techniques and sound officer safety skills, Officer Hilton positioned his vehicle to provide maximum cover from the gunfire. He exited the vehicle and ordered the subject to drop the weapon. When the shooter failed to comply, Officer Hilton took aim at the subject and returned fire and incapacitated him. Unfortunately, the subject died a short time later while being attended to by medical personnel.
Had it not been for his demonstrated habit of preparing his weapon in advance of arriving and mentally preparing for potentially violent situations, many nearby residents — as well as other responding officers — could have been in a potentially fatal situation. Officer Hilton selflessly, calmly, and deliberately utilized his training and experience to stop a serious threat to the safety of the public.
For his courageous act during a dangerous situation and his commitment to the preservation of life while in harm's way, Officer Hilton is presented with the VACP/VPCF Award for Valor.
Colonial Heights Police Department
Master Officer Gregory A. Thinnes
On August 24, 2014, Master Officer Gregory A. Thinnes was operating stationary radar in Colonial Heights when a vehicle passed by going 60 mph in a 35 mph zone. MPO Thinnes activated his lights and siren and attempted to catch up to the speeding vehicle, which was weaving in and out of traffic. MPO Thinnes observed the vehicle continue at a high rate of speed and run a red light. The suspect vehicle continued traveling at a high rate of speed, ignoring the police lights and siren. The suspect vehicle continued into the driveway of a residence, stopping behind the house in the woods, out of sight of the general public.
MPO Thinnes followed and positioned himself in a traffic stop position and called in the South Carolina tag. He observed one unknown person in the driver’s seat as he challenged the driver to show their hands. MPO Thinnes made this command six or seven times, requesting their hands to be placed outside the vehicle, but to no avail. At this time, MPO Thinnes notified Communications and responding units that he had the subject at gunpoint and that the occupant was not responding to his commands.
As MPO Thinnes waited for backup, the driver’s side door swung open quickly and a female exited the vehicle, pointing a handgun in the direction of MPO Thinnes. Fearing for his safety, MPO Thinnes discharged his firearm six times, striking the subject twice and incapacitating her. MPO Thinnes then cleared the area and proceeded to provide aid to the female who had just attempted to shoot him.
Further investigation revealed that the female suspect was wanted out-of-state and had committed a felonious assault in the State of New Jersey. She was on her way back to South Carolina. The suspect has since been charged with the Attempted Capital Murder of a Police Officer as well as other serious charges. An internal affairs investigation determined that MPO Thinnes’ actions were in accordance with proper procedure and departmental policy, and that he reacted and performed as professionally trained in a life-threatening situation. Tonight we are honored to present Master Police Officer Gregory A. Thinnes with the VACP/VPCF Award for Valor.
Norfolk Police Department
Officer Brian Jones (Posthumous)
Officer Curtis Allison
Officer Toofan Shahsiah
On Friday, May 30th, 2014, at 10:40 PM, the Norfolk Emergency Operations Center began receiving multiple 911 calls regarding an individual firing a weapon at citizens, vehicles, and residences while driving a red Jeep Cherokee. Officers from the 2nd and 3rd Patrol Divisions responded to the areas in the 8300 and 8400 block of Chesapeake Boulevard, minutes later to the Walmart located in the 7500 block of Tidewater Drive. Information was received that the suspect may be armed with an assault rifle.
Officer Curtis Allison, who was off duty and resides in the neighborhood near the Walmart, heard multiple gunshots near his home. He grabbed his tactical vest, his police radio, his duty weapon, and rifle, and began to search the neighborhood. He spotted the suspected red Jeep Cherokee in the front yard of a residence. The suspect, later identified as James Brown, was observed pacing in the yard at that location.
Officer Brian Jones, who also was nearby and heard the gunshots, responded to the area where he was directed to the location where the suspect was last observed. Officer Jones drove his police vehicle toward the suspect residence, and Officer Allison followed behind on foot. Officer Jones stopped his vehicle and verbally challenged Brown. Brown ignored the challenge, entered the residence and almost immediately exited, opening fire on Officer Jones with a high-powered assault rifle. Officer Brian Jones was struck and mortally wounded.
Officer Allison also was struck by the gunfire as he ran for cover. Although he had been hit, Officer Allison was able to find cover and return fire using his duty weapon. Brown returned to his vehicle and fled the scene. Officer Allison then left his location and went to Officer Jones where he immediately rendered aid. He was also able to radio the description of Brown’s vehicle and direction of travel. Officer Jones and Officer Allison were transported to Sentara Norfolk Hospital where Officer Jones succumbed to his injuries. Officer Allison was treated for a gunshot wound to his right hip.
Officer Toofan Shahsiah was responding to the 7400 block of Wellington Rd to assist Officer Jones with the report of shots fired. Officer Shahsiah monitored the suspect vehicle description and direction of travel provided by Officer Allison. He then observed the suspect vehicle traveling at high speed westbound on Biltmore Street, and gave chase. The suspect began firing his weapon from his moving vehicle, narrowly missing Officer Shahsiah. Brown sped through the intersection of Galveston Boulevard and E. Little Creek Road, and struck a vehicle that was traveling eastbound on E. Little Creek Road. The ensuing crash caused Brown’s vehicle to spin and roll over several times.
Brown exited his vehicle and took a position of cover behind his vehicle. Officer Shahsiah was able to observe what appeared to be a handgun being carried by Brown as the suspect moved to a position of cover behind his wrecked Jeep Cherokee. Officer Shahsiah continued to challenge the suspect who appeared to surrender. The officer, who still didn’t have back up, attempted to take Brown into custody. The suspect abruptly attacked Officer Shahsiah and attempted to disarm him. Officer Shahsiah was able to push Brown slightly away and drew his service weapon. Fearing for his life and having knowledge that this suspect was involved in the shooting of a fellow Officer, Officer Shahsiah discharged his firearm in an effort to protect himself and bystanders. The suspect was hit several times and fell to the ground mortally wounded. Officer Shahsiah sustained minor injuries from the struggle with Brown.
Officer Shahsiah’s incident ended at 10:50 PM. While this entire event unfolded, the Norfolk Police Emergency Operations Center received a call about a motor vehicle accident with injuries in the 8400 block of Chesapeake Boulevard at 10:48 PM. Responding units discovered a vehicle that had struck a telephone pole in the median. Upon examination, the officers discovered a gunshot victim inside, 17-year-old Mark Rodriguez, who was returning home after a high school graduation function. It was determined that Mark was shot and killed by Brown’s senseless act of random violence.
Officer Brian Jones was assigned as a community resource officer with the 3rd Patrol Division. He was well known and beloved by members of the community. He was also respected, and held in high esteem by his peers. After hearing the gunshots in the area, Officer Jones did not hesitate to respond to Wellington Street where there was every indication that the reported armed suspect was present. Officer Jones immediately challenged the suspect, who almost immediately fired on the officers before they could take cover. After being mortally wounded, Officer Jones was still able to report his situation, and provide a description of the suspect vehicle leaving the scene.
These officers responded to reports of shots being fired in which common citizens were placed in mortal danger, one of whom had already been killed. They knowingly risked their lives in order to protect the citizens they were sworn to protect. Each performed their duties with extreme heroism — with little regard for themselves — against a heavily armed individual who was randomly discharging his weapons with no regard to the safety of others. The bravery exhibited by these officers undoubtedly saved other citizens, and police officers, from being killed or wounded by the suspect. In light of the tragic events of May 30th, 2014, the Virginia Association of Chiefs of Police and the Virginia Police Chiefs Foundation present Awards for Valor to Officer Curtiss Allison, Officer Toofan Shahsiah and to Officer Brian Jones, represented by his widow, Rebecca Jones.
Pulaski Police Department
Officer Adam M. Abdelaziz
On Tuesday, May 5, 2015 Officer Adam M. Abdelaziz was conducting a safety check on the Pulaski Storage lot when he discovered a pickup truck sitting in a row between the storage buildings. Initially believing that the truck was unoccupied due to the tinted back glass, he approached it and observed a man — later identified as Robert A. Frost— sitting in the front seat, apparently asleep, with a handgun in his hand resting on his lap. Officer Abdelaziz backed up a few steps, requested assistance by his radio, and then walked back up to the open window of the truck. The male occupant suddenly awoke and instantly raised the firearm and began shooting.
Officer Abdelaziz retreated to the rear of the vehicle where he discharged three shots in an attempt to stop the attack. Mr. Frost then opened the truck door and fell onto the ground. Police personnel immediately initiated emergency medical first aid while an ambulance was requested. Mr. Frost was transported to the Lewis-Gale hospital in Pulaski where he later died. Officer Abdelaziz was not injured.
The family of the deceased was notified of the incident by Pulaski Police Captain A. C. Meredith. They indicated to Captain Meredith that they were not surprised that something like this happened as he had been struggling with PTSD and emotional depression for years after returning from military service in Operation Desert Storm. He had also said that when he “went”, he would make the police kill him.
The investigation revealed that Mr. Frost discharged three rounds from his weapon, which struck the building outside of his vehicle before firing a single gunshot to his chest. It appears that none of the three bullets discharged from Officer Abdelaziz’s service pistol struck Mr. Frost as two lodged in the rear of the truck cab and one passed through both the back and front vehicle glass. Officer Abdelaziz’s actions after the initial exchange of gunfire were recorded by his body camera. The video recording reveals that Officer Abdelaziz demonstrated total professionalism and tactically sound judgement during this encounter and his actions are a model for everyone wearing a badge to emulate. Tonight, we honor Pulaski Adam M. Abdelaziz with the VACP/VPCF Award for Valor.
Richmond Police Department
Sergeant Tish Edmonds
Sergeant Jayson Walter
Officer Michael Ellison
Officer Timothy Fields
During the early morning hours of May 12, 2014, Richmond Police units were dispatched to the scene of a large fight. Sergeants Jayson Walter and Tish Edmonds and Officers Tim Fields and Michael Ellison arrived and observed a large number of people in the street getting ready to fight. Officers then began dispersing the crowd. As they were doing this, a gun battle erupted just south of their location. Despite the police presence, multiple guns began firing.
Sergeants Walter and Edmonds and Officers Fields and Ellison heard the gunfire and started looking for the shooters. They quickly located the area with at least two individuals firing weapons. With shots still being fired toward a crowd of people, the officers — without regard for their safety — began to move in on the shooters, observing one male shooting his weapon multiple times, in an effort to engage them and stop the gunfire. As the officers closed in on the suspects, the suspects continued to fire while being ordered to drop their guns. All officers showed great discipline and cool heads as they did not have clear fields of fire due to the number of innocent people running from the gunfire.
With the officers getting close, the suspects jumped into a vehicle and attempted to flee. The officers quickly surrounded the car preventing the suspects’ escape. Three individuals were taken into custody and two firearms were seized. One of the males was charged with multiple offenses including discharging a firearm in public, and possession of a firearm by a convicted felon. Additional charges may be filed against the other two males pending lab results.
The quick response by these officers saved lives and prevented at least one group of shooters from escaping. For their actions, Sergeant Jayson Walter, Sergeant Tish Edmonds, Officer Tim Fields, and Officer Michael Ellison are presented with the VACP/VPCF Awards for Valor.
Roanoke County Police Department
Officer Paul D. McMillan
On the evening of July 14, 2014, the Roanoke County Police Department was alerted to a report of an active shooter at a large retirement community facility in the county. A single male suspect was reported to be armed with a rifle and a pistol and a shot had already been fired by the suspect inside one of the buildings.
Officer Paul D. McMillan and other officers began arriving within two minutes of being dispatched. The retirement community consists of several buildings on a large campus and there was some initial confusion over the location of the suspect. Officer McMillan was flagged down by a nurse outside the Health and Rehabilitation Center and was told that the shooter was inside that building on the second floor. He immediately made a single-officer entry, proceeding inside and up the stairs as other officers began to converge on the building at Officer McMillan's direction.
Upon reaching the second floor, Officer McMillan was told by another nurse that the suspect had just gotten on the elevator headed to the first floor. Officer McMillan headed back downstairs as he updated the other officers by radio.
Coming out of the stairwell, Officer McMillan located the 59-year-old male suspect in the lobby area near the exit where he had stopped upon seeing several officers approaching outside the building. Officer McMillan at this point was still the only officer inside the building. He observed the suspect holding a handgun and what appeared to be a small rifle. Officer McMillan ordered the suspect to drop his weapons, which he did, and to get on the ground.
Officer McMillan's view of the weapons on the floor was obscured by furniture and he could not see them. The suspect initially appeared to be complying with Officer McMillan's command to get on the ground. However, as he bent down, the suspect suddenly grabbed the handgun, a 9mm pistol, and brought it up towards Officer McMillan, firing a shot in his direction. Officer McMillan immediately returned fire with his patrol rifle, firing twice and striking the subject both times.
The suspect fell and was immediately taken into custody. He is currently awaiting trial on multiple felony charges including attempted capital murder of a law enforcement officer.
Officer McMillan's fast response and courageous actions brought a quick end to what could have been a much more tragic situation. For his act of extreme heroism, Officer Paul D. McMillan is presented with the VACP/VPCF Award for Valor.
The Virginia Association of Chiefs of Police is a statewide organization of federal, state and local police chiefs and law enforcement executives dedicated to improving the professionalism of police agencies in Virginia. The Association was founded in 1926 and has more than 600 members. The Virginia Police Chiefs Foundation is a charitable educational foundation created by the VACP to provide training and education programs for law enforcement executives.
Contact: Ms. Dana Schrad, Executive Director
Mobile: (804) 338-9512
Schools consider regional effort to handle sexual assault
August 26, 2015 | Virginia News
By KARIN KAPSIDELIS | Richmond Times-Dispatch
Amid the mounting cost and complexity of new federal mandates to address sexual violence, Virginia’s colleges and universities are considering whether to establish a network of shared resources and investigators to address campus assaults.
The idea was among issues discussed Monday during a meeting of presidents of public institutions at the State Council of Higher Education for Virginia.
University of Virginia President Teresa Sullivan said a regional collaboration would help schools with fewer resources meet requirements of federal Title IX investigations of sex-based discrimination and provide a higher level of expertise for the adjudication of cases.
The approach also could make victims of assault more willing to come forward if they could discuss what happened to them with investigators who “are not people they see every day,” Sullivan said.
In an interview Tuesday, Sullivan credited former state Attorney General Ken Cuccinelli for suggesting the strategy to allow schools to share costs to comply with Title IX. ...
American Legion Names Culpeper Police Sergeant State’s Top Cop
August 24, 2015 | Virginia News
By Wally Bunker | Culpeper Times
Every time Culpeper Police Chief Chris Jenkins talks about Sgt. Norma McGuckin a broad smile creeps across his face. The smile broadened Tuesday as he spoke about her.
“She is a perfect example of someone coming to this country, pursuing the American dream and contributing to the community,” said Jenkins. “She is a role model to the Hispanic community and a major role model within the agency.”
Tuesday, McGuckin, was named the Virginia American Legion’s Virginia Police Officer of the Year.
“I wasn’t even expecting it local, let alone at the state level,” said McGuckin.
However, her journey for that honor took an unusual path.
As a 16-year-old McGuckin and her father headed north from their rural Mexican town. Her father Jesus was deep in debt. He was seeking employment so that he could earn enough money to pay off his debts and come back home to the family farm. The family lived in a three-room farmhouse without electricity or running water. Jesus cobbled together $1,000 to pay smugglers for documents and transportation for himself and his eldest daughter.
McGuckin offered to help earn money and provide a better life for her mother, four sisters and one brother left behind. McGuckin, now 40, sat in the backseat of a car with her father. Two strangers sat up front.
“I had never seen them before or seen them again,” said McGuckin about the driver and passenger. McGuckin quietly watched the nearing border crossing on the two-lane highway from Tijuana, Mexico into California. She nervously watched the uniformed officers stop cars and check papers.
“They were checking all the cars,” said McGuckin. McGuckin and her father clutched fake documents in their sweating hands. The border patrol agents looked over their papers and waved the quartet through the checkpoint and into the country, without asking any questions.
McGuckin’s life changed forever as did her plans. She and her father, who worked in a textile plant, stayed with relatives in Los Angeles where she attended high school, later attaining her GED.
She witnessed police conducting raids in her Los Angeles neighborhood. She wondered when they would come to deport her.
Just three years after arriving in California, she moved to Virginia and in 2000 married James, whom she met while working in a print shop. They have three grown sons.
McGuckin began working at Wal-Mart in the electronics department. During her employment she met off duty Culpeper police officers who worked off duty security. She served as a translator for Hispanics suspected of shoplifting.
“That’s when I first met Chris (Settle), Andrew (Terrill), Richard (Brooking), Ricky (Pinksaw) and Holly (Hill),” said McGuckin. They suggested that she volunteer as the police department’s translator.
Seeking to help out, she went for an application as a volunteer translator. “That’s when I found out there was a position open,” she said.
Instead, the department gave her two applications, one for police officer and one as a civilian community service officer assigned to write parking tickets.
Always fearing deportation, she cautiously applied for a work permit and “green card.” Not being a U.S. citizen ruled out, at least temporarily, becoming a police officer.
However, just before leaving office, President Bill Clinton granted amnesty to illegal aliens in the U.S. McGuckin had school records and pay stubs to prove residency, making her path to citizenship easier.
Becoming a citizen
From 2001 to 2006 McGuckin studied to become a naturalized citizen. In 2006 in Lynchburg, she was sworn in as a U.S. citizen while her sister and husband looked on. All of her siblings have become naturalized citizens.
In the fall of 2006, she attended the Shenandoah Criminal Justice Training Academy in Weyers Cave to become a police officer. Upon graduation, she was assigned to uniform patrol. McGuckin picked up right where she left off – translating and enforcing laws.
“Not forgetting her native roots or personal background, she has instrumental in assisting town, county and state investigations dealing with Hispanic speaking victims and/or suspects, providing translation and a sense of understanding of the Hispanic population in Culpeper,” Jenkins wrote in his nomination letter to the state American Legion Post Law and Order Committee in Richmond. “In doing so, she became a leader in the Hispanic community. She has become a daily source of knowledge, wisdom and advice to all, with an emphasis on the Hispanic population.”
McGuckin remembers her fear of police and possible deportation when she talks to Hispanic crime victims, urging them to report a crime so a criminal does not go free and prey on someone else.
“I understand why they are scared to contact police because you are telling (police) where you are,” said McGuckin. She said many frightened victims open up when she tells her story about coming to this country.
Jenkins notes that sometimes Hispanics come to police headquarters and knowing only two words of English, “Norma working?”
McGuckin said her cell phone rings constantly, many times displaying unfamiliar numbers or a text message in Spanish. “I get people calling from Fredericksburg,” she said.
Before being promoted to sergeant in 2013, McGuckin worked in the Street Crimes Unit, primarily tasked with drug enforcement.
“She was largely responsible for making several cases and making arrests on those cases when our community was going through a PCP epidemic,” Jenkins wrote. Mass arrests of suspects by DEA and the FBI resulted from her investigation.
McGuckin also mentors other officers and participates in the department’s wellness and physical fitness program, in addition to her duties as a patrol supervisor and departmental translator.
She was recognized earlier this year by American Legion Post 330 as Culpeper’s Law Enforcement Officer of the Year and previously as the Town of Culpeper Employee of the Year in 2003.
“Culpeper and this country could use many more folks like Norma McGuckin,” said Jenkins.
Roanoke police launch new anonymous tip texting service
August 18, 2015 | Virginia News
The Roanoke Police Department has a new texting program that allows residents to text crime tips anonymously.
Lt. Jeffrey Newman said the program is part of ongoing efforts to improve communication between officers and residents. Starting now, people can send tips anonymously by texting 274637 (Crimes) and entering RoanokePD before the message. The tips go directly to a supervising officer, who can then text the sender back with any questions.
“Some residents want to help the police, but there’s some hesitancy to being a witness,” Newman said. “This anonymous tip program is set up so we can communicate anonymously back and forth.”
The texting program uses TipSoft SMS to route the texts to Roanoke police. Though TipSoft is used by hundreds of agencies across the country, Roanoke police are the first in the area to use it, Newman said.
Newman said the department first adopted the texting program after receiving $75,000 from the Virginia Department of Criminal Justice Services in 2014. The grant was designated to boost patrol numbers and programs for the department’s Drug Market Initiative, which aims to reduce recidivism among non-violent offenders and lower overall crime near Hurt and Melrose parks.
Roanoke police used about $2,800 of the grant to launch the texting program, Newman said.
(Post adapted from article published in Roanoke Times — http://www.roanoke.com/news/local/roanoke/roanoke-police-to-hand-out-ice-cream-saturday-to-promote/article_21c888fe-dec4-5232-a49e-d20d1e5a8d9d.html)
Norfolk police create LGBTQ community liaison, appoint openly gay sergeant to post
August 18, 2015 |
By Gary A. Harki | The Virginian-Pilot
NORFOLK — A city police officer has been designated as the department's first liaison to the lesbian, gay, bisexual, transgender and questioning community.
To "foster and maintain the positive relationships between our LGBTQ community and the police department, a liaison position was created to enhance police services and support specific to the needs of gays, lesbians, and allied communities," a news release states.
Sgt. Craig Lovelace, the officer tapped for the job, will work with other divisions to "conduct community outreach, education, recruitment, and involvement in other LGBTQ related issues."
Lovelace is married to a lieutenant in the department. Lovelace and his husband have served openly for more than 20 years, the liaison's Web page says.
Longtime Woodstock police chief dies after battle with cancer
August 18, 2015 | VACP
Jerry Miller, who earned the trust and respect of Woodstock as its police chief for 28 years, died Monday morning at his home in Edinburg. He was 64.
Mike Kline, a cousin, retired town officer and part-time bailiff in Shenandoah County, confirmed Miller’s death from complications linked to cancer.
Kline and others who worked for Miller during his long tenure paid tribute to the loyalty he inspired among those who worked for him and the high esteem in which the community held him.
“He was the fairest, the most honest and humblest person I’ve ever known, and I think that speaks for anyone who ever knew him,” Kline said.
Miller was born and raised in Edinburg. After a stint in the Army and with the Aileen Corp., he joined the Woodstock Police Department in 1974 as a patrolman. By 1981, he had been appointed chief, a position he held until his retirement in 2009.
Jeff Coffelt, who retired as a lieutenant from the Woodstock department, said turnover in the department was rare.
“He made improvements over the years in working conditions, pay, benefits and equipment, and he kept trying to say, ‘you all did it,'” Coffelt said. “But Jerry was the one leading us. He never wanted any recognition.”
Kline said he was one of 10 members of the force who worked for Miller for at least 25 years.
“When somebody came to work for Jerry Miller, they stayed there,” Kline said.
Retired Woodstock Sgt. Robert Bowman recalled a traffic stop involving a drunk driver that illustrated the value of the respect according to Miller throughout the town. Bowman said the suspect had turned belligerent and appeared ready for a scrap with him and another officer at the scene.
“I knew we were going to have to fight this individual,” Bowman said of the suspect. “We looked around, and a pickup truck pulled up, and there was Jerry, and he defused the situation. He was just that kind of guy. He respected everybody, and everybody respected him.”
Kline said Miller spent his retirement years living quietly at his home in Edinburg, enjoying the company of his wife, his pets and activities at his church.
“He just liked the community,” Kline said. “I don’t think he ventured too far out of town.”
Kline said members of the Woodstock Police Department, Virginia State Police and the Shenandoah County Sheriff’s Office are planning a full police procession on Thursday from the Dellinger Funeral Home to the Wakemans Grove Church of the Brethren, site of a gravesite service. The time has yet to be determined.
Bowman said Miller was more than a leader; he was a mentor who taught everyone on the force what it meant to be a police officer.
“Your uniform had to be tight,” Bowman said. “Your hair had to be the right length. He wanted the public to respect you, and it started with your appearance and how you conducted yourself. I’m proud to say that I worked for him, and I would do it again.”
If anyone cannot make it to the service and/or wishes to make a donation in Jerry's name, he's requested one of these respectable and worthy organizations:
Wakeman's Grove Church of the Brethren
668 Wakemans's Grove Road
Edinburg, VA 22824
St. Jude Children's Research Hospital
Donate by Phone: (800) 805-5856
Donate Online: http://bit.ly/1bqqwbd
Blue Ridge Hospice
333 West Cork Street, Suite 405
Winchester, VA 22601
DCJS: Comment Period Open on CJ Training Standards, De-Certification of Officers, ICAC Grants
August 17, 2015 | Virginia News
As required by the Code of Virginia and the Commission on Local Government, the Department of Criminal Justice Services (DCJS) is conducting assessments on three mandates the Department administers that affect local governments. As listed in the Commission’s “Catalog of State and Federal Mandates on Local Governments,” the three are Prevention of Internet Crimes Against Children, De-Certification of Law Enforcement Officers, and Training Standards for Criminal Justice Personnel.
The Commission on Local Government defines the Prevention of Internet Crimes Against Children Program, a grant program that supports localities’ efforts to investigate these crimes, as a mandate because it includes a “non-discretionary condition of aid.” In other words, there are conditions localities must agree to in order to receive funding. De-Certification of Law Enforcement Officers and Training Standards for Criminal Justice Personnel are defined as mandates because each is a “compulsory order.”
The assessment period for these mandates is August 1–October 31. During that period, localities, at their option, may submit comments to DCJS about the mandates, for example, about their purpose and effectiveness, their importance to public safety, their fiscal impact, and whether alternative approaches should be considered. We will reference these comments in the assessments we prepare and submit to the Commission after October 31.
Localities may also provide more specific fiscal impact information if they wish, using a form prepared by the Commission. You may request the form by contacting Mr. Marshall at the address noted above, or it can be downloaded via a link on the Commission’s website: www.dhcd.virginia.gov/index.php/commission-on-local-government/mandates-on-local- governments/agency-assessment-of-mandates.html. Fiscal impact forms should be e-mailed to Mr. Marshall.
Submitting any comments or fiscal impact information on a mandate is not required and is solely at the option of the locality.
If you have any questions, please contact Mr. Marshall by e-mail at the address noted previously, or at 804-786-1577.
August FBI Law Enforcement Bulletin Now Online
August 17, 2015 | National News
The FBI Law Enforcement Bulletin can be accessed at leb.fbi.gov. Below is a list of articles you can read this month on the FBI Law Enforcement Bulletin website.
Featured Article – Using Canines to Address School Violence – Several considerations are necessary for the use of canines to help reduce school violence.
Featured Article – Improving Motivation and Productivity of Police Officers – Agencies can address issues that affect officers and cultivate happy and productive personnel.
Perspective – Advanced Degrees for Law Enforcement Personnel: The Ideal Time to Enter a Higher Education Program – There is no wrong time to pursue a higher degree; with a little foresight and thought, you can determine the best time to get started.
Leadership Spotlight – Value of Compassion – A leader who models compassion will see a positive change in the agency’s climate and operation.
The Bulletin is now on Twitter. You can follow us at @FBILEB .
Heroin overdose deaths still rising in Virginia as officials try to boost awareness
August 15, 2015 | Virginia News
By Gary A. Harki | The Virginian-Pilot
The number of people who died in Virginia from overdoses of heroin or other opioids rose in 2014 for the second straight year, despite efforts by law enforcement and state officials to curb the problem.
Further, the state is on pace to have more such deaths this year than last, said Kathrin Hobron, forensic epidemiologist with the Virginia Department of Health’s Office of the Chief Medical Examiner.
She said there were 126 confirmed heroin-related overdose fatalities in the first six months of 2015. The comparable figure for all of 2014 was 239 deaths.
“From what I’m seeing, everything is going up right now,” she said of deaths from opioid use.
Opioids include methadone and painkillers such as OxyContin, as well as heroin.
The number of deaths from such drugs started climbing about 10 years ago, in large part because of people battling addictions to prescription painkillers.
The effort to fight the epidemic must include law enforcement, treatment centers and educators, said Capt. Tim Reibel of the state Police Bureau of Criminal Investigation. Reibel’s 5th Division serves Hampton Roads. ...
CY2016-2018 V-STOP Grant Application and Guidelines
August 14, 2015 | Virginia News
The Department of Criminal Justice Services (DCJS) is the administering agency for the Virginia Services, Training, Officers, Prosecution (V-STOP) Violence Against Women grant program. V-STOP offers grant funds to successful applicants for activities that increase the apprehension, prosecution and adjudication of persons committing violent crimes against women.
The funding period begins January 1, 2016 and continues through December 31, 2018. Copies of the V-STOP guidelines, including the necessary grant application forms and instructions, may be downloaded below.
To aid applicants in their grant preparation, DCJS is sponsoring a grant application training for new law enforcement applicants.
The training for new law enforcement applicants will be held on Friday, August 28, 2015, from 1:00 p.m. – 4:00 p.m. at the Eanes-Pittman Public Safety Training Center located at 6610 Public Safety Way Chesterfield, VA 23832. We encourage all new applicants to attend the training. Pre-registration is required to attend. There is no registration fee.
Friday, August 28, 2015 Register
All applicants must submit one original and three (3) copies of the grant application as specified in the DCJS guidelines. Applications submitted on-line or via fax will not be accepted.
Grant applications must be received by DCJS, 1100 Bank Street, 12th Floor, Richmond, Virginia 23219, no later than 4:30 p.m. on Friday, September 28, 2015.
DCJS staff and subject matter experts will review all applications and make programmatic and budgetary recommendations for consideration by a committee of the Criminal Justice Services Board (CJSB). The committee will meet in early December to review the recommendations and will make final recommendations for consideration by the full CJSB in December.
I urge you to carefully review the information from our DCJS website, and if you have any questions, please contact Julia Fuller-Wilson at (804) 371-0386 or Julia.firstname.lastname@example.org.
- CY 2016-2018 VSTOP Guidelines
- Grant Application Form Cover Sheet (Attachment IA)
- Grant Application Form Cover Sheet (Attachment IB)
- Grant Application Form Cover Sheet (Attachment IC)
- Itemized Budget (Attachment IIA)
- Itemized Budget (Attachment IIB)
- Itemized Budget (Attachment IIC)
- Goals & Objectives (Attachment III)
- UnderservedDataSheet (Attachment IV)
- 2016-2018 Certifications (Attachment V)
- CY2016-2018 General Conditions (Attachment VI)
- CY2016-2018 VSTOP Checklist (Attachment VII)
If Unthinkable Happens, New Child Safety Seat Sticker Could Save a Life
August 13, 2015 | Virginia News
Pertinent Contact, Medical Information Available for 1st Responders
RICHMOND – Imagine this scenario: there’s a serious car crash involving a family; an infant in a child safety seat has a specific medical condition and needs care, but the other people in the car are unable to communicate.
Virginia’s new Child Safety Seat Emergency Identification Sticker is a tool to aid fire, rescue and law enforcement officers in this situation so they can learn important personal and medical information about a child. Also, if the other vehicle occupants in this scenario need medical care and the infant does not, the sticker lists an emergency contact person for the child.
Developed by the Virginia Department of Motor Vehicles’ (DMV) Highway Safety Office, the Child Safety Seat Emergency ID Sticker is reflective and has two parts. Two small square stickers are placed on the sides of the car seat so first responders will know to look for the main sticker. The main sticker -- located on another part of the seat that’s not visible – contains ID and medical information. The two-part design allows the child’s personal information to be protected from view.
A news conference to introduce this important safety sticker to Virginians will be held on Wednesday, Aug. 19, at 10 a.m. in the parking lot at the Children’s Museum of Richmond (CMoR) at 2626 West Broad Street. Speakers from CMoR, DMV, Virginia State Police and Virginia Department of Health’s Emergency Medical Services will provide information about the sticker.
In addition, a child safety seat check event will begin after the news conference. Anyone who transports children is invited to have their child seat checked by a certified child passenger safety technician to ensure it is properly installed. Nationally, approximately four-out-of-five car seats are installed incorrectly, according to the National Highway Traffic Safety Administration. In passenger cars, properly installed child safety seats reduce the risk of fatal injury by 71 percent for infants and by 54 percent for toddlers.
A DMV 2 Go mobile office also will be available during the event to conduct a variety of transactions, including Virginia child identification cards, birth certificates and all other DMV-related services.
# # #
Contact: Brandy Brubaker
Governor McAuliffe Announces More Than $50M DOJ Award for Crime Victims’ Services
August 12, 2015 | Virginia News
RICHMOND - Governor Terry McAuliffe announced today that Virginia has been awarded more than $50 million in federal Victims of Crime Act (VOCA) funds from the Justice Department’s Office for Victims of Crime (OVC). This year’s award is more than four times the amount the state received in 2014. Funds will support and improve services for crime victims.
“April marked the 20th anniversary of the Virginia’s Victims’ Bill of Rights. We have made great progress over the years, but there is a great deal yet to do,” said Governor McAuliffe. “VOCA funds, in tandem with state support, have played a key role in our efforts, and this increase will give us a great opportunity to expand services for crime victims.”
Secretary of Public Safety and Homeland Security, Brian Moran noted that, “Virginia’s progress in addressing crime victims’ needs is the result of a lot of hard work by local and state agencies, advocacy groups and dedicated individuals. We’ll be drawing on their expertise as we look at ways to put the additional funds to work.”
The Virginia Department of Criminal Justice Services (DCJS) Director, Francine Ecker, echoed the Secretary’s comments: “We’ll be consulting with our partners to determine the best uses of the additional funds. We see this as an excellent opportunity to address some long-standing needs, and we’re looking forward to collaborating with them as we move forward.”
The 1984 Victims of Crime Act created the Crime Victims Fund, which is one of the major sources of support for victim services each year in Virginia and throughout the United States. The money in the Fund comes from criminal fines and other sources, not from taxpayers.
DCJS receives and administers VOCA victim assistance funds for Virginia. DCJS uses the money, in combination with state funds, to provide training, technical assistance and grants to support local victim/witness programs, sexual assault crisis centers, domestic violence programs and child abuse treatment programs throughout the state.
Since 2000, Congress has capped the Fund’s available money distribution each year. The annual caps are intended to minimize the impact of fluctuations in deposits into the Fund each year and stabilize it as a source of support for services. The appropriations bill signed by President Obama last December raised the cap from $745 million to $2.36 billion which produced an unprecedented increase in distributed funds.
DCJS will also be conducting public listening sessions throughout Virginia beginning in September. These sessions will be designed to inform the public of this unprecedented opportunity and to get suggestions on ways to expand and improve services for crime victims. Details on dates and locations for the listening sessions will be posted on the DCJS website (dcjs.virginia.gov) when they are finalized.
# # #
Office of the Governor
Contact: Christina Nuckols
Virginia Department of Criminal Justice Services
Contact: Kay Bullock
Phone: (804) 786-3973
Governor McAuliffe Announces more than $50 million DOJ Award for Crime Victims’ Services
EDITORIAL: No-bull Durham shows leadership in difficult situation
August 8, 2015 | Virginia News
When a white police officer shot and killed a young black man in Richmond a few days ago, things could have gone from bad to catastrophic very quickly. We’ve had plenty of experience lately of young black people dying in police shootings, some under debatable circumstances.
This time, tensions didn’t burst into flame — for three reasons.
For one, the young man who died, Keshawn Hargrove, was armed, and shot first. Even the most ardent civil libertarians recognize that law-enforcement officers have every right to use deadly force in a situation like that. As King Salim Khalfani, a former leader of the Richmond NAACP, put it: “I understand the pain, man, but if what we heard is true, you can’t run down the street firing at police and ducking for cover. Not a smart thing to do.”
Second: The young man’s mother acted like a saint. In a moment of unbearable grief she apologized for her son’s behavior, urged an angry crowd to be patient, extended her thanks to the officers who tried to give Hargrove first aid, and asked only for a fair inquiry into his death.
Last — but far from least: Police Chief Alfred Durham, who has been in office only six months, handled the situation with authority, deftness, and tact far out of proportion to his short tenure.
Following the first rule of crisis management, Durham fully disclosed details of how the episode unfolded. ...
New prosecutor targeting street gangs dealing heroin
August 7, 2015 | Virginia News
By Scott Daugherty | The Virginian-Pilot
NORFOLK — John Butler planned to take a few months off earlier this year to work on his master's degree.
The veteran attorney had left the Navy after nine years as a judge advocate general - serving in San Diego, Norfolk and Kandahar, Afghanistan. He wasn't really interested in juggling school and work.
But then a dream job fell in his lap: Taking down violent street gangs dealing heroin on the streets of Hampton Roads.
"I could not conceive of a better opportunity than this," Butler said last week from his office in the World Trade Center in Norfolk. "I had to make this happen. I couldn't pass this up."
Butler was hired in February as an assistant attorney general with the state's Major Crimes and Emerging Threats Section, but he's not like other state lawyers. He also serves as a special assistant U.S. attorney for the Eastern District of Virginia, prosecuting criminal cases full time in federal court.
"He's unique," said U.S. Attorney Dana J. Boente, noting that most other state prosecutors who work with his office do it only a few days a month. "He is full time, all the time, every day." ...
Update from DFS: Breath Alcohol Records
August 6, 2015 | Virginia News
The Department of Forensic Science’s Breath Alcohol Section has made additional Breath Alcohol records available online.
DFS currently receives approximately 400 requests per month for Breath Alcohol records via Subpoenas Duces Tecum and Freedom of Information Act (FOIA) requests. Internet availability offers stakeholders and the public convenient and timely access to the most commonly requested Breath Alcohol records.
Instrument Quality Assurance Records have been available online since June 2014. The searchable records now available on the website include expanded Instrument Records, Operator Records, Subject Test Records and Statistical Reports. Personally identifying information has been redacted from all Subject Test Records. This enhanced access to Breath Alcohol records was made possible through a grant administered by the Virginia Department of Motor Vehicles Highway Safety Office.
Breath Alcohol records may be accessed from the DFS website here: http://www.dfs.virginia.gov/laboratory-forensic-services/breath-alcohol/ba-records/.
Stafford, Spotsylvania and Fredericksburg law enforcement agencies establish safe zones for meet-ups
August 6, 2015 | Virginia News
The Stafford County Sheriff’s Office, the Spotsylvania County Sheriff’s Office and the Fredericksburg Police Department — joining law enforcement agencies across the nation — announce an opportunity to have a safe place for individuals to meet up with a stranger to buy or sell items.
The three law enforcement agencies have opened up their parking lots as a safe place to purchase or sell items, often times done on the internet. These safe zones will allow citizens a chance to conduct their business in a protected environment. The safe zones will be available to citizens 24 hours a day, 7 days a week. While the law enforcement agencies are not responsible for the sale of items, they are committed to providing citizens with an area where they feel safe when making such transactions. The well-lit parking lots also provide video surveillance around the clock.
“If individuals hesitate to make a transaction at one of our headquarters, that can be a pretty good indicator that this may not be the person you want to do business with,” states Sheriff Charles Jett, Sheriff Roger Harris and Chief of Police David Nye. “We are excited about providing this safe zone venue for the citizens of Stafford and Spotsylvania Counties and the City of Fredericksburg.”
Stafford County Sheriff’s Office – Public Safety Center
1225 Courthouse Road, Stafford, Virginia 22555
PIO Bill Kennedy 540-658-4468
Spotsylvania County Sheriff’s Office
9119 Dean Ridings Lane, Spotsylvania, Virginia 22551
PIO Captain Jeff Pearce 540-507-7640
Fredericksburg Police Department
2200 Cowan Blvd., Fredericksburg, Virginia 22401
PIO Sarah Kirkpatrick 540-654-5701
What happens to the cash, assets seized from captured criminals?
August 3, 2015 | Virginia News
Unlike the federal program, all asset forfeitures in Virginia require a court proceeding, and the burden is on the state to prove “by a preponderance of the evidence” that the property seized is connected to a serious crime — usually felony drug distribution.
By MARK BOWES | Richmond Times-Dispatch
The more than $62 million in assets seized by Virginia law enforcement from suspected narcotics traffickers and other drug dealers in the past seven years range from the mundane to the insanely extravagant.
On the high end, gold Krugerrand coins, $36,000 diamond-encrusted watches, a $100,000 Porsche, tricked-out chopper motorcycles, $20,000 worth of sneakers, custom 31-foot fishing boats, waterfront homes and piles of cash — as much as $401,200 in a single bust — top the list of loot that police confiscated since 2008 through Virginia’s civil asset-forfeiture program.
Although police seize nearly anything associated with criminal activity, the largest assets in terms of value have been, without exception, cash — totaling millions a year.
Nearly $26 million of the $62 million seized has been disbursed so far in civil asset-forfeiture proceedings across the state, with police using the funds to buy Tasers, body cameras, ballistic protective gear, laptops, forensic equipment and additional training for officers.
But the process under Virginia law that police agencies use to have seized assets forfeited to them has come under increased scrutiny this year by liberal and conservative groups and some members of the General Assembly.
Two bills introduced by Republican legislators in the House and the Senate would have required criminal defendants to be convicted of crimes before any assets they used or gained during the commission of crimes could be forfeited to police. But the legislation ultimately was sent to the Virginia Crime Commission for further study.
Gov. Terry McAuliffe also got involved by proposing amendments requiring a criminal conviction ahead of forfeiture to a third, less controversial bill that simply required police to conduct an inventory of seized assets and provide a copy to property owners. But the assembly passed by the governor’s amendments, effectively killing them, and McAuliffe signed the original bill into law.
Proponents of tightening the law, including the ACLU and the Virginia Tea Party Federation, claim police can seize and keep property unless owners can prove they obtained it lawfully — placing the burden of proof on the property owner instead of the state. They said the system creates a built-in profit incentive for police and state prosecutors who file lawsuits to obtain the assets.
But opponents, such as the Virginia Association of Commonwealth’s Attorneys and the Virginia Association of Chiefs of Police, say the program’s detractors have erroneously and misleadingly confused federal asset-forfeiture law with Virginia law, which clearly places the burden of proof on the state before property can be forfeited. They say statutory safeguards already are in place and that seized assets in contested cases rarely are forfeited by property owners until after they are convicted of a crime.
Some defense attorneys and other critics, however, say the law is unjust in terms of fair representation because some defendants do not have the means to fight for their property. A national libertarian organization has given Virginia’s forfeiture laws a near-failing grade. ...
Policing an urban university without gates or gatekeepers is VCU Police’s challenge
August 3, 2015 | Virginia News
Policing a university the size of VCU comes with far more challenges than departments on small campuses encounter, with no downtime in the summer to regroup and plan.
By KARIN KAPSIDELIS | Richmond Times-Dispatch
A friend snapped a picture of the Virginia Commonwealth University student sleeping soundly on the library floor, beneath a table where he’d left his laptop computer unprotected.
The friend wasn’t there later to capture the image of the thief who took the laptop, but the VCU Police Department’s cameras were.
Chief John Venuti says he needs the “50,000 sets of eyes and ears” on VCU’s two campuses to do his job, but he also has the help of an extensive surveillance system of nearly 600 cameras, 92 sworn officers who wear body cameras on patrol and his new approach to campus policing.
At an urban university with no gates or gatekeepers, where “everybody fits in, everybody belongs,” Venuti said, his department’s success depends on partnerships not just with the students and employees on the Monroe Park and MCV campuses but also with adjacent neighborhoods and law enforcement agencies.
“With an environment like this, with a community this large, you need everyone,” said Venuti, who in June was honored at the Campus Safety National Forum in Washington as a Director of the Year, an award presented by Campus Safety magazine. ...
Virginia State Police Appoint New Director, Deputy Director of Investigative Bureau
July 24, 2015 | Virginia News
RICHMOND – Two veteran Virginia State Police investigators have been appointed to Director and Deputy Director of the Virginia State Police Bureau of Criminal Investigation (BCI). The promotions resulted from the retirement of BCI Director, Lt. Colonel H.C. Davis.
NEWBCI is the investigative arm of the Virginia State Police and consists of seven field offices across the Commonwealth. Within each field office is a General Investigative Section (GIS) and a Drug Enforcement Section (DES). The bureau also consists of the High-Tech Crimes Division, Criminal Intelligence Division, Help Eliminate Auto Theft (H.E.A.T.) Unit, Insurance Fraud Unit, and Counter-Terrorism and Criminal Interdiction (CCI) Unit.
Colonel W. Steven Flaherty, Superintendent, appointed Major Rick A. Jenkins, the BCI Deputy Director since 2010, as the new Bureau Director effective July 10, 2015. A native of Fauquier County, Jenkins began his state police career in 1978 as a dispatcher in the Culpeper Division. He graduated from the state police Academy in 1981 with his first patrol assignment as a trooper in Spotsylvania County. During the next 23 years, the highly-skilled investigator and supervisor moved through the state police ranks as a special agent, special agent accountant, and supervisor in the Culpeper Field Office. In 2004, he was promoted to the rank of BCI captain and oversaw that office’s GIS and DES personnel.
Jenkins earned a Bachelor of Liberal Studies in Criminal Justice Administration from the University of Mary Washington and a Post-baccalaureate Certificate in Criminal Justice Administration from Virginia Commonwealth University. He is also a graduate of the Administrative Officers Management Program from North Carolina State University. During his tenure with the Department, Jenkins has also earned numerous awards and recognitions for his investigative expertise and dedication to public service.
Effective July 25, 2015, Captain Gary T. Settle will step into the BCI Deputy Director position vacated by Jenkins. Settle is currently the BCI commander for the Culpeper Field Office. Settle began his law enforcement career in 1984 as a deputy with the Rappahannock County Sheriff’s Office. He joined the state police in 1986 and was assigned to Frederick and Clarke counties as a new trooper. In 1996, he was elected sheriff in Rappahannock County and in 2000 returned to state police. During his tenure with state police, Settle has served as a special agent, sergeant, first sergeant, field lieutenant, DES lieutenant and captain, while assigned to the state police Culpeper and Wytheville divisions. He was appointed to BCI captain of the Culpeper Field Office July 25, 2010.
Settle earned a Master’s in Homeland Security and Defense from the Naval Postgraduate School in Monterey, Calif., and holds a Bachelor’s in Criminal Justice Administration. He also completed the University of Virginia National Criminal Justice Command College and the National Sheriff’s Institute Executive Management Program in Colorado.
Retiring after a distinguished 39-year career with state police, Lt. Col. Davis has accepted a position with the Virginia Parole Board. Davis joined state police in 1976 and has served in various positions with the Department, to include special agent, assistant special agent-in-charge, deputy assistant and assistant director of the Drug Enforcement Division, and Bureau Director of Administrative and Support Services (BASS). He was appointed to BCI Director in 2007. Davis is a graduate of Danville Community College, Averett University, and Old Dominion University, where he earned a Master of Public Administration degree in 1996. In addition, he has completed the Administrative Officers Management Program at North Carolina State University, the Advanced Police Executive Development Program at Pennsylvania State University, the Virginia Executive Institute at Virginia Commonwealth University, and the Professional Executive Leadership School at the University of Richmond. He has also earned numerous awards and recognitions during his law enforcement career, and is a member of Pi Alpha Alpha, the National Honor Society for Public Affairs and Administration.
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Public Relations/Virginia State Police
Governor McAuliffe to Convene Work Group to Evaluate Criteria for PERK Evidence Testing
July 23, 2015 | Virginia News
RICHMOND – A group comprised of representatives of victim advocate groups, Commonwealth’s Attorneys, the criminal defense bar, local law enforcement, forensic nurses and others will convene in September to consider what categories of evidence gathered by Physical Evidence Recovery Kits (PERKs) should be forwarded to the Department of Forensic Science for testing, Governor Terry McAuliffe has announced.
A July 1 report issued by the Department of Forensic Science entitled “Physical Evidence Recovery Kit Inventory Report,” pursuant to Chapter 642, 2014 Acts of Assembly, included an inventory of all PERKs in the custody of state and local law enforcement agencies that “may contain biological evidence that were collected but not submitted to the Department of Forensic Science for analysis prior to July 1, 2014.” A total of 2,369 kits were not submitted for a variety of reasons cited by the law enforcement agencies.
“Legitimate questions are being raised in the legal and law enforcement communities about how the decisions to test PERK evidence are made,” Governor McAuliffe said. “When it comes to handling of critical evidence, we cannot afford to let these questions linger. Therefore, to address this issue and to help establish clearer guidelines for PERK testing, I am convening this special work group.”
“This diverse group will bring its expertise in this area to make recommendations on procedures that will ensure the appropriate preservation of DNA evidence,” said Secretary of Public Safety and Homeland Security Brian Moran, who will chair the work group’s meetings.
Here is a link to the full report: http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD132015/$file/SD13.pdf.
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Office of the Governor
Contact: Brian Coy
Secretary of Public Safety and Homeland Security
Contact: Greg Davy
Chief Spare Returns to Warsaw
July 23, 2015 | Virginia News
Christopher J. Spare retired as Chief of Police from the Town of Warsaw on June 30, 2015. The Warsaw Town Council voted 8-0 on July 20 to offer Chris a contract to be part-time Chief starting August 1.
Chris was born and raised in Williamsburg and is a lifelong Virginia resident. He graduated from Lafayette High School and served honorably in the U.S. Marine Corps. He has served in law enforcement since 1989 with several agencies: Kingsmill Police Department, King & Queen County Sheriff’s Office, New Kent County Sheriff’s Office and West Point Police Department.
Chris was appointed as Chief of Police for the Town of Gordonsville in March 2005 and then appointed Chief in Warsaw in January 2011. During his career he earned an Associate’s Degree in General Studies from Rappahannock Community College and a Bachelor’s and Master’s Degree both in Criminal Justice from Virginia Commonwealth University. Chris has been and still is an Adjunct with Rappahannock Community College.
Chris and his wife Shirley have been married nearly 24 years and have two daughters, Katherine (20) and Elizabeth (18).
Haymarket readies to hire new police chief
July 16, 2015 | Virginia News
By Dan Roem | Gainesville Times
Gainesville Times At some point in the next month or two, it's likely that the Town of Haymarket will have a new police chief.
On July 9, a special committee made up of two council members, the town manager, the interim police chief and three town citizens met for the the second time to wrap up the process for reviewing applications.
According to town manager Brian Henshaw, 52 candidates applied for the position.
The town is not taking any more applications and the committee is planning to meet again in August to conduct the first round of interviews.
Council members Chris Morris and Kurt Woods sit on the committee which first met May 21. Morris serves as the chairman of the public safety committee and Woods chairs the personnel committee.
The two town staffers are Henshaw and interim police chief Greg Smith, who took over from former police chief Jim Roop last year after the council accepted Roop's resignation amid controversy.
Bradley Marshall, Mike Manning and William Hunt make up the three town representatives, according to Henshaw.
"We're in the process of reviewing candidates and resumes," said Henshaw. "We're assessing candidates' abilities."
Smith joined the force as an interim chief with the plan that he would eventually go back into retirement.
"He is not applying for it. He is still the interim chief. When he came on, he said he'd probably give us about a year," said Henshaw.
"We're quickly approaching that year time. He may be on a little longer."
However, the town manager noted that Smith is "not a candidate for the final selection.”
"I will add though that we're very, very pleased with his time with us," Henshaw added, adding that Smith would like to go back into retirement.
The next full-time police chief will earn $68-92,500, said Henshaw. The exact amount is yet to be determined given that the council is dealing with salary adjustments and raises for town personnel.
Council member pay is not included in those raises, noted the town manager.
The point of the raises is to "try to get us a little bit more competitive with the surrounding jurisdictions,” he said.
As for the committee selecting Smith's replacement, Henshaw mentioned its members will winnow the field of candidates down from 52 to as many as seven and will then recommend two or three to the town council for a second interview.
The town council will ultimately be tasked with approving the next police chief.
Retiring Portsmouth Chief Ed Hargis picked to lead Frederick, Md. police
July 16, 2015 | Virginia News
FREDERICK, Md. (AP) -- Mayor Randy McClement has chosen the police chief in Portsmouth, Virginia, to lead the Frederick Police Department in Maryland.
McClement announced the appointment of Edward Hargis (HAR'-jiss) as police chief Thursday. He succeeds Thomas Ledwell, who retired in September after about 22 months in the position.
Hargis takes over from Acting Chief Patrick Grossman on July 27.
Hargis has served as chief of police in Portsmouth for six years. McClement says he has focused on crime reduction and community engagement.
Hargis says today's law enforcement agencies must make every effort to develop trust and transparency with citizens.
Portsmouth is a city of about 96,000 people near Norfolk, Virginia.
Frederick is a fast-growing city of about 68,000 located about 45 miles from both Baltimore and Washington.
Portsmouth Welcomes Former Chief Dennis Mook Back as Interim Chief
July 14, 2015 | Virginia News
PORTSMOUTH, Va. – Members of the Portsmouth Police Department welcome the return of Interim Police Chief Dennis Mook who has assumed the role of the city’s Top Cop as of July 1, 2015. A law enforcement veteran with over 40 years of experience in the local, federal and private sectors, Dennis Mook is no stranger to the Hampton Roads area. Dennis began his career as a Portsmouth police officer in February 1974. While in Portsmouth Dennis worked his way through the ranks as a rookie patrol officer and eventually retiring as Chief of Police in June of 1997.
Upon retirement from Portsmouth, Dennis Mook took on the role of Chief of Police for the Newport News Police Department from 1997-2004. Following retirement with that agency, Dennis joined the United States Naval Criminal Investigative Service (NCIS) and served in several capacities including Special Assistant to the Executive Assistant Director for the Atlantic and European Regions. Finally, Dennis served as the President and CEO of Public Safety Advisors, Inc., a Virginia based company dedicated to assisting law enforcement at the local, state and federal level.
During his tenure as police chief in Portsmouth, Dennis is credited with the development of the department’s community policing program. This was an effort to build upon the strengths of the community to assist the department in solving and preventing crimes while building new and better relationships with citizens. He continued his community policing efforts in Newport News where the department received a “Weed and Seed” designation from the U.S. Department of Justice for their efforts in eliminating conditions conducive to crime and galvanize the community to create new infrastructure to eliminate the return of that criminal activity.
Dennis was one of the principal architects and project manager of the award winning and nationally acclaimed law enforcement information sharing system or “LInX” system. Dennis was also appointed by the Governor to participate in creating Virginia’s Amber Alert plan. In addition to his many contributions to the law enforcement profession, Dennis has been the recipient of numerous local, regional and national awards to include the 2006 International Association of Chiefs of Police Law Enforcement Information Management section award for the Law Enforcement Information Exchange program (LInX). This is a national award that is given for the best regional technology project.
Enthusiastic about returning to the department where he began his career, Chief Dennis Mook says “I feel like I have returned home. My goal is to bring the police department closer to the community in which it serves. I enjoy making a difference in people’s lives and want to continue doing just that”. Dennis brings to Portsmouth a record of effective and collaborative leadership, as well as a commitment to modernization. In addition he is well respected for his dedicated involvement with community stakeholders and other law enforcement agencies, ensuring that they work together to address local and regional issues of concern.
Dennis Mook is a graduate of George Washington University with a Master of Arts degree and Baldwin-Wallace University with a Bachelor of Science degree. He is also a graduate of the 32nd session of the Law Enforcement Executive Development Program and 158th session of the F.B.I. National Academy, The Leadership Institute of the Virginia Peninsula, the University of Richmond’s Professional Executive Leadership School and the University of Virginia’s Management Excellence Program, just to name a few. Dennis is active in several state and national law enforcement organizations to include the International, Virginia, and Hampton Roads Associations of Chiefs of Police.
DFS Publishes PERK Inventory Report
July 7, 2015 | Virginia News
Pursuant to Senate Bill 658 (Chapter 642 of the 2014 Acts of Assembly), all state and local law enforcement agencies were required to inventory all PERKs in their custody that may contain biological evidence that were collected but not submitted to DFS for analysis prior to July 1, 2014.
The legislation further directed that the Department of Forensic Science was to “receive the reports from such law-enforcement agencies and report the results of such inventory to the General Assembly on or before July 1, 2015.”
The report to the General assembly is posted on the Legislative Information System website and can be found HERE.
State forensics lab submits report on untested evidence kits in rape cases
By FRANK GREEN | Richmond Times-Dispatch
The Virginia Department of Forensic Science has released a report on the inventories of 383 law enforcement agencies’ untested evidence kits that can be used to obtain DNA in rape investigations.
Legislation passed last year by the General Assembly required state and local law enforcement agencies to report the number of untested “PERKs” — physical evidence recovery kits — in their possession that might hold biological evidence. The department also collected reasons agencies did not submit them for testing.
“The issue of untested PERKs has generated national attention. One of the reasons cited nationally for why many PERKs have not been submitted for testing has been that crime laboratories have significant backlogs and, in many instances, were not accepting new evidence for testing as a result. This is not the case in Virginia,” the department reports.
The department said it handles the DNA testing in roughly 700 kits per year with a turnaround time of 72 days.
More than 99 percent of Virginia law enforcement agencies in Virginia responded to the department as of June 30, the department reported. Of those 383, 247 said they had no kits in their custody, and 136 reported a combined 2,369 untested kits.
The most commonly cited reason for not submitting a kit for testing, in 598 cases, was that testing was not relevant to the investigation or needed for prosecution — for example, the suspect claims sexual relations were consensual.
In an additional 522 cases, the victim decided not to participate in the investigation and/or prosecution. The reason was listed as “other” in 460 cases, of which 250 were said to be unfounded or false.
The kits were collected in an additional 120 cases for what were described as routine death investigations.
The report suggests Virginia does not have a backlog problem found in some other states. According to a recent Rape Kit Action Project report, there were 3,000 untested kits in Phoenix, 11,000 in Detroit, and 12,000 in Memphis, Tenn.
Fairfax County — the state’s most populous jurisdiction, with more than 1.1 million residents — had the highest number of untested kits, 347. Richmond reported 257 untested kits; Henrico County, 39; and Chesterfield County, 153.
Resources for Virginia Law Enforcement on New Laws Effective July 1, 2015
July 2, 2015 | VACP
Below are a collection of publications and other documents for law enforcement detailing changes made to state law during the 2015 General Assembly Session.
”Selected Acts of the 2015 Virginia General Assembly" Report from Virginia State Police (PDF)
This volume of Selected Acts contains legislation passed by the 2015 Session of the Virginia General Assembly that is relevant to criminal law and highway safety.
2015 DMV Legislative Bulletin (PDF)
Report on legislation related to highway safety and vehicle licensing and registration
2015 Commonwealth Attorney's Services Council New Laws Update:
- 2015 Legislative Update for Law Enforcement (PDF) (also available in PowerPoint® [PPTX] format)
- 2015 Legislative Update for Law Enforcement - Bill Summaries by Bill No. (PDF)
- 2015 Legislative Update for Law Enforcement - Bill Summaries by Subject (PDF)
- 2015 Appellate Update for Law Enforcement (PDF) (also available in PowerPoint® [PPTX] format)
- 2015 Appellate Update for Law Enforcement Master List (PDF)
Babb named Virginia Tech deputy chief of police, assistant director of security
July 1, 2015 | Virginia News
BLACKSBURG, Va., June 29, 2015 – William "Mac" Babb III, formerly with the Roanoke Police Department, has been named deputy chief of police and assistant director of security at Virginia Tech.
He will begin his new position July 1.
Babb will assist Chief of Police Kevin Foust in leading the 75-person Virginia Tech Police Department and overseeing its operations and administrative divisions. In addition, he will assist in developing and implementing a security strategy and coordinating the security services for all Virginia Tech campuses and programs, including those overseas.
"We are extremely fortunate to have someone of Mac's caliber and experience", Foust said. "He served in many roles during his career with the Roanoke Police Department and we look forward to his bringing those experiences to this department."
In 1990, Babb began his career at the Roanoke Police Department as a police officer. He was promoted to sergeant in 1999 and lieutenant in 2006. During his career at the department Babb managed the canine unit, helped lead the tactical response team, directed the police academy, and most recently helped supervise the Investigations Bureau.
He has received numerous awards over his career including the Commonwealth Valor Award and the Lifesaving Award from the Virginia Association of Chiefs of Police.
Babb received a bachelor's degree from Roanoke College and a master's degree from American Military University.
Dedicated to its motto, Ut Prosim (That I May Serve), Virginia Tech (http://www.vt.edu) takes a hands-on, engaging approach to education, preparing scholars to be leaders in their fields and communities. As the commonwealth's most comprehensive university and its leading research institution, Virginia Tech offers 240 undergraduate and graduate degree programs to more than 31,000 students and manages a research portfolio of $513 million. The university fulfills its land-grant mission of transforming knowledge to practice through technological leadership and by fueling economic growth and job creation locally, regionally, and across Virginia.
Buena Vista Hires New Police Chief
June 24, 2015 | Virginia News
Keith Hartman, a 23-year veteran of Newport News Police, began his new job June 1
Buena Vista has a new police chief. Richard Keith Hartman, a 23-year veteran of the Newport News police department who most recently served as captain of the city’s North precinct, [began] his new job Monday, June 1. Hartman said he’s looking forward to beginning work in Buena Vista. He said he’s anxious to meet everyone that he’ll be working with, and welcomes the many challenges and opportunities that will come with his new job.
Hartman, 52, a native of Brooklyn, N.Y., holds a master’s degree in public administration from Troy University and a bachelor’s degree from Saint Leo University. He’s undergone training at various law enforcement schools, including the FBI National Academy in Quantico. He said he and his wife Beth are the parents of five children and also have five grandchildren.
Hartman was selected from among seven candidates who applied for the job. Taking part in the selection process was a committee composed of two retired police chiefs from outside the area, two members of City Council, City Manager Jay Scudder and interim Police Chief Garth Wheeler.
Wheeler served as Buena Vista’s interim chief for a little more than a year. A 33-year veteran of law enforcement, Wheeler came to Buena Vista in April of last year, shortly after he stepped down as director of the Virginia Department of Criminal Justice Services. In that position, he was an appointee of former Gov. Bob McDonnell. Darrell Slagle and Jay Patterson had been chief and assistant chief, respectively, of the Buena Vista police department, before both retired last year.
Justices Rule Police Must Obtain Warrant to Search Hotel or Motel Registries
June 23, 2015 | National News
By ADAM LIPTAK | NEW YORK TIMES
WASHINGTON — The Supreme Court on Monday struck down a Los Angeles ordinance that allowed the police to inspect hotel and motel guest registries without permission from a judge. In a second decision, the court clarified the standards for excessive force claims against corrections officers from people awaiting trial.
Both cases were decided by 5-to-4 votes, with the court’s more liberal members in the majority.
The case concerning hotel registries is likely to have a broad impact, as dozens of cities allow warrantless searches, which law enforcement officials say help them catch fugitives and fight prostitution and drug dealing.
A group of motel owners challenged the Los Angeles law. They said they were not troubled by its requirement that they keep records about their guests. But they objected to a second part of the ordinance, which allowed the police to look at the registries at any time without the owners’ consent or a search warrant.
Justice Sonia Sotomayor, writing for the majority, said most owners were not likely to object. But those who do, she said, must be given the opportunity to make their case to a “neutral decision maker” before they are forced to turn over the records or risk arrest.
“Absent an opportunity for precompliance review,” Justice Sotomayor wrote, “the ordinance creates an intolerable risk that searches authorized by it will exceed statutory limits, or be used as a pretext to harass hotel operators and their guests. Even if a hotel has been searched 10 times a day, every day, for three months, without any violation being found, the operator can only refuse to comply with an officer’s demand to turn over the registry at his or her own peril.”
Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Elena Kagan joined the majority opinion.
If a police officer fears the owner will tamper with the records while a judge considers the matter, Justice Sotomayor wrote, “he or she can guard the registry until the required hearing can occur, which ought not take long.”
In dissent, Justice Antonin Scalia called that approach “equal parts 1984 and Alice in Wonderland.”
He added that the majority had struck a needless blow against a valuable and barely intrusive practice.
“Motels not only provide housing to vulnerable transient populations, they are also a particularly attractive site for criminal activity ranging from drug dealing and prostitution to human trafficking,” he wrote in an opinion joined by Chief Justice John G. Roberts Jr. and Justice Clarence Thomas. “Offering privacy and anonymity on the cheap, they have been employed as prisons for migrants smuggled across the border and held for ransom and rendezvous sites where child sex workers meet.”
Given that, Justice Scalia wrote, “the limited warrantless searches authorized by Los Angeles’s ordinance are reasonable under the circumstances.” Justice Samuel A. Alito Jr. filed a separate dissent in the case, Los Angeles v. Patel, No. 13-1175.
The excessive-force case, Kingsley v. Hendrickson, No. 14-6368, concerned a lawsuit against Wisconsin jail officials who used a stun gun on a detainee after he was handcuffed and taken from his cell for refusing to remove a piece of paper covering a light fixture in his cell.
The detainee, Michael B. Kingsley, was awaiting trial on a drug charge.
The question for the justices was whether Mr. Kingsley had to prove that the officials subjectively believed that they had crossed a line in using too much force or that, as Justice Breyer put it for the majority, “a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable.”
The second showing was enough, Justice Breyer wrote in an opinion joined by Justices Kennedy, Ginsburg, Sotomayor and Kagan.
The standard should not be applied mechanically, Justice Breyer cautioned. “A court must make this determination from the perspective of a reasonable officer on the scene, including what the officer knew at the time,” he wrote, “not with the 20/20 vision of hindsight.”
The Supreme Court sent the case back to the lower courts.
Justice Scalia said the majority’s approach was flawed.
“It is illogical,” he wrote, “automatically to infer punitive intent from the fact that a prison guard used more force against a pretrial detainee than was necessary. That could easily have been the result of a misjudgment about the degree of force required to maintain order or protect other inmates.”
“An officer’s decision regarding how much force to use,” Justice Scalia wrote, quoting an earlier decision, “is made ‘in haste, under pressure and frequently without the luxury of a second chance.’” Chief Justice Roberts and Justice Thomas joined Justice Scalia’s dissent. In a separate dissent, Justice Alito said he would have dismissed the case and awaited another that presented the central questions more directly.
Garth Wheeler is new Middlesex County chief deputy
June 11, 2015 | Virginia News
Middlesex Sheriff David Bushey and Major M.E. Sampson have been searching for a chief deputy to replace Lt. Jim Ellis who retired earlier this year.
Source: Southside Sentinel
Virginia’s Annual Crime Analysis Report Now Available for 2014
June 11, 2015 | Virginia News
RICHMOND – Virginia’s official and only comprehensive report on local and statewide crime figures for 2014 is now available online at the Virginia State Police Web site at http://www.vsp.virginia.gov, under “Forms & Publications.” The detailed document, titled Crime in Virginia, provides precise rates and occurrences of crimes committed in towns, cities and counties across the Commonwealth. The report breaks down criminal offenses by the reporting agency as well as arrests by jurisdiction.
The following 2014 crime figures within Virginia are presented in the report:
Virginia experienced an increase in violent crime (murder, rape, robbery and aggravated assault) of 1.0 percent compared to 2013; this is in contrast to a 1.6 percent decrease comparing the same violent offenses between 2013 with 2012; The FBI figures for the most recent reporting period of time are not yet available.
Property crime such as burglary, larceny and motor vehicle theft continued to decrease for the previous year (5.8 percent); a 3.9 percent decrease occurred between 2013 and 2012. The FBI figures for the most recent reporting period of time are not yet available.
The homicide rate per 100,000 population experienced a slight increase (4.05) compared to the previous year (3.84). Based on the ages reported, victims tended to be older than offenders; 21.4 percent of homicide victims were 50 years of age or older, while just 10.2 percent of offenders were in the same age group of 50 and older.
Motor vehicle thefts and attempted thefts decreased 9.3 percent compared to the previous year. Of the 7,696 motor vehicles stolen, 4,249 or 55 percent were recovered. Trucks and automobiles stolen had the highest percent recovered (66.2%, 63.4%, respectively), while recreational and “other” motor vehicles (motorcycles, mopeds, snowmobiles, etc.) had the lowest percent recovered (34.2%, 33.3%). Four out-of-ten (41.6%) of all motor vehicle offenses were reported stolen from the location of residence or home. The value of all motor vehicles stolen and attempts to steal was $61,492,619, while the value recovered was $34,980,122 (56.9%).
Drug and narcotic offenses showed a slight decrease compared to the previous year (2.5 percent). Increases can be noted for 2013 (3.8 percent) as well as 2012 (9.4%) and 2011 (7.1%).
Fraud offenses increased by 12.5 percent when compared to 2013.
Robbery decreased 5.3 percent. Of the 4,313 robberies and attempted robberies, one-third (33.5%) took place between 8 pm. and midnight. The days of the week showed little variability in terms of the number of robberies that took place.
Of the weapons reported for violent crimes, firearms were the most frequently used in homicides (69.2%) and robberies (54.5%) followed by aggravated assaults (28.7%).
There were 128 hate crimes reported in 2014. Two-thirds (66.4%) were racially or ethnically mot