High School Football

When police go over the line

We have finally gotten a chance to watch the police cruiser dashcam video of last November’s arrest of a hit-and-run driver where the suspect was roughed up by police. You can watch the video here.

The 8:26 video shows a Berkeley County Sheriff’s Department cruiser jolting when struck from behind by another vehicle. A high-speed chase ensues until the suspect—a 16-year-old male—wrecks into a utility pole.

Deputy C.S. Merson breaks the window on the driver’s side—the door handle was broken off—and Merson and West Virginia State Police Trooper Derek Walker pull the suspect out of the car, force him to the ground and try to handcuff him.

Deputy Austin Ennis and Trooper Michael Kennedy arrive and help secure the juvenile, who appears to be putting up some resistance.

I consulted a retired veteran police officer not affiliated with the investigation who watched the video.  He saw no problem with the police to that point.  He said that the officers are likely coping with adrenaline because of the chase and they are engaged in the first priority—securing the suspect.

However, this is where the trouble begins.  Trooper Kennedy kicks the suspect several times.  A short time later, after the suspect is secured on the ground with his hands cuffed behind him, Kennedy punches him in the head repeatedly.  Kennedy then tosses the suspect off to the side of the road.

There is no sound on the video, and it’s risky to make too many assumptions about an incident based on a low quality video clip.  However, it is apparent that Trooper Kennedy crossed the line from using appropriate measures to secure a suspect, while protecting himself and others, and into meting out his own form of justice.

A federal grand jury also thinks so. At least, the citizens felt there was enough evidence to charge Kennedy with depriving the rights of the juvenile.  State Police fired both Kennedy and Walker, while the Sheriff’s department dismissed Deputies Merson and Ennis.  The deputies’ firings are now pending before a review panel.

Let’s be clear. It was the 16-year-old delinquent who was at fault for striking the cruiser and then endangering innocents by trying to flee the police.  The Berkeley County Prosecutor’s Office won’t discuss the disposition of his case because he’s a minor, but we hope he is paying dearly for his risky foolishness.

But we hold the police to a much higher standard than miscreant youths. Police have a difficult and dangerous job.  They are the “thin blue line” that stands vigilantly between order and chaos.  Their ability to keep the peace while also retaining the support of the general public depends on their ability to do their jobs without giving in to base instincts.

We don’t expect to play “armchair officer,” second guessing a policeman’s every decision. However, when an officer goes too far, there must be some accountability. That is essential, not only to maintaining public confidence in law enforcement, but also to protect the integrity of the vast majority of police officers who do their jobs professionally, despite difficult circumstances.

 





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