Reform Virginia

In light of the social unrest experienced around the country this year, Virginia has taken steps for the call to action.  Measures have been enacted to ensure that every Virginian has equal justice.

Across the country there have been rallies held by members in support of Back the Blue, and rallies to Defund the Police.  These are two very different groups, with very different views.  Do you know the differences? Do you know the significance of either movement?

Back the Blue is a movement to support the men and women that put on a uniform to protect their communities. Back the Blue is symbolized by a black and white American flag with a thin blue line.  The thin blue line is recognized as a way to honor and support members of law enforcement.  At a rally in Philadelphia, Vice President Pence confirmed that the current administration had no intent of defunding the police.  Instead defunding the police, the plan is to afford more resources to law enforcement.

Defund the Police is a movement with mixed meanings.  Some are taking the phrase to heart and think it literally means to abolish and/or dismantle police departments all together.  But a little research will reveal that is not the movements’ intent.  Defund the Police actually means to limit the resources available to the police.  It does not mean withdraw funds altogether.  The movement was established as a call to reduce funding to police departments and redistributed to other essential programs.  One example would be to increase funding to social service programs needed to address issues of mental illness.  Many of the unwarranted killings of unarmed men and women stem from issues of mental illness.  There have been many reports of police responding to mental health situations that they are not equipped or trained to handle. When police respond to these situations, the situation often escalates, becomes violent or some form of aggression ensues, which in turn causes the responding officer(s) to draw their guns and fire.  Those in favor of defunding the police want more training and resources available to support those suffering from mental illness and an impaired mental state.

In August, rallies were held in Richmond, Virginia as the Virginia Senate and Virginia House of Delegates were preparing for special legislative sessions. There were representatives for Back the Blue and Defund the Police.

In September the Virginia Senate passed a police reform package https://richmond.com/news/local/this-is-just-the-beginning-protesters-gather-in-richmond-as-virginia-lawmakers-convene-for-special/article_b9ea535a-227a-5234-870f-ac5e59689377.html that included measures to address excessive force administered by police officers, specifically those used for crowd control during violent and non-violent protests.  The criminal justice reform bill became Virginia Law after it was signed by Governor Ralph Northam in October 2020.

Five Examples of Unrest, Uncertainty and Confusion

2020 has proven to be an unprecedented year in so many ways.  While the country continues to battle the pandemic; racial inequality, the fight for equal justice and police brutality continue to contribute to social unrest in and round the City of Richmond. At a time of uncertainty, many are looking for leadership, some are looking for peace, while others are still pushing their own agendas and tension still remains high.

• Off Duty and Hostile
• Who is Michaela Hatton?
• Last Man Standing
• Distortion of The Black Lives Matter Movement
• How Mayor Levar Stoney rocked the vote

Did a City of Richmond Police Officer allow hostility from his day job to spill over into his night job?  Officer Lance Falkena was recently found guilty of assault and battery stemming from an altercation that took place in December 2019.  The incident occurred at a bar in the City of Richmond’s Shockoe Slip area, while Falkena was working security.  Falkena was off duty from his position with the Richmond Police, but he was still in uniform.  While wearing his uniform he was caught on camera in a confrontation with a patron of the bar.  The incident ended with the patron fracturing his ankle after falling down the stairs.  The patron paints a picture of being assaulted, while Falkena alleges the patron was being belligerent.  Although Chief Gerald Smith does not believe the incident is a reflection upon the Richmond Police Department; it will be hard to prove otherwise with Falkena being in uniform at the time of the assault.  At a time when the department is under scrutiny for actions taken during the summer protests and riots, this conviction does not help to rebuild the communities trust in the police.

Michaela Hatton, a 22 year old resident of the City of Richmond, was found guilty of felony assault upon a law enforcement office and conspiracy to incident a riot.  On June 4, 2020, Hatton was arrested after she struck a police officer in the head with a bull horn.  The incident took place at protest this past summer.  Hatton was given the opportunity to complete a post conviction community service program in exchange for reduction in her charges.  Again we ask who is Michaela Hatton and the answer is a very lucky individual whose being granted an opportunity to purge her criminal record and pursue adulthood felony free.  Not many are blessed with that opportunity.

A source of comfort for many was the anticipation of the Robert E. Lee statue being removed from Monument Avenue in the City of Richmond.  Governor Ralph Northern ordered to have the statue removed in June 2020 and the Order was met with a lawsuit and a temporary injunction to hault the dismantling of the statue.  The matter was recently heard in the Richmond City Circuit Court and the presiding judge has remove the temporary injunction that was blocking its removal.  In a tweet https://twitter.com/MarkHerringVA on October 27, 2020, Attorney General Mark Herring announced that the statue was raised in support of white supremacy, which goes against public policy.  Unfortunately, the battle is not over.  If you have not had a chance to snap a photograph of the defaced statue, you still have time as this matter will be appealed and held up in court much longer.

Election night 2020 drew a small group of protesters to the streets of Richmond, Virginia.  The exact purpose of the gathering is unclear.  Video footage submitted to 12 on your side shows a gentleman with a megaphone leading the protests.  Initial chants were “Black Lives Matter” https://www.nbc12.com/2020/11/03/protesters-march-downtown-richmond-election-day/.  A few minutes into the video it becomes clear that “Black Lives Matter” was just the draw because the chants changed course and the message became we don’t give a F____! The video is a great indication of how so many are using their Amazon purchased megaphones to sucker individuals that truly want to be a part of something into participating in protests under false premise.  Black Lives Matter isn’t something to be shouted just to gain followers.  It is a true movement established to bring light to the injustice served upon many African Americans in the United States.  However, from this video, we see just how it has been altered and used as nothing more than a way of obtaining followers.

Mayor Levar Stoney has been elected for a second four-year term to serve as Mayor of the City of Richmond.  There was some pretty stiff competition from Kim Gray as Election Day neared.  Stoney faced some heavy criticism and lost a huge amount of support from his handling of the Navy Hill Project.  In addition, it was believed he had lost control over the city after residents spoke out at a rally behind issues involving the Richmond Police during the time of unrest this summer.  So just how did Stoney overcome these issues? His biggest asset was his push to remove Confederate statues around Richmond City. That was seen by many proof of his commitment to the city as a whole. 

Excessive Force in the Commonwealth

On June 26 2020, the American Civil Liberties Union (ACLU) filed a Complaint (https://acluva.org/sites/default/files/field_documents/complaint_v.f.pdf) in the Circuit Court of the City of Richmond listing the CITY OF RICHMOND, RICHMOND COMPLAINT POLICE DEPARTMENT, WILLIAM “JODY” BLACKWELL, the VIRGINIA DEPARTMENT OF STATE POLICE, and GARY T. SETTLE as defendants in the legal action.  The lawsuit was filed on behalf of the VIRGINIA STUDENT POWER NETWORK, NOAH SMITH, DIAMANTE PATTERSON, AND DEVIN CAINES.

The complaint alleges that the Defendants used unnecessary and life-threatening force against peaceful demonstrators in June 2020.  The ACLU also filed an Emergency Motion for a Temporary Injunction against the multiple Defendants.  In summary, the Motion called for the Defendants to immediately halt the use of many crowd control methods.  On June 30, 2020, Beverly Snukals signed an Order https://acluva.org/sites/default/files/field_documents/2020.06.29_vspnv.richmondetal._order.pdf denying the Plaintiff’s Emergency Motion for a Temporary Injunction on the grounds that the injunction would interfere with the job of law enforcement officials. The original complaint remains active.  The next hearing on the matter is scheduled to take place on November 18, 2020.

While this case awaits a judicial decision, tensions remain high with regard to interactions with the City of Richmond Police Department and are fueling more incidents that shine an unpleasant light upon the police department.  On September 1, 2020, a demonstration took place outside of the Richmond City Justice Center.  Demonstrators gathered to push for the release of incarcerated individuals due to a COVID-19 outbreak inside of the jail.  Tow trucks were called to remove illegally parked vehicle, but were blocked by someone on a bicycle.  When the police arrived, the cyclist attempted to flee but was stopped by an office, and tackled to the ground.  The incident was captured on camera, sent to the news media and then released on the evening news.   Eleven arrests were made following that incident as additional protestors clashed with the police following the incident with the cyclist.

This incident, another example of excessive force by the Richmond Police Department, provided additional fuel for protestors to push for funds to be withheld from the Richmond Police Department.  The push to “Defund the Police” is a method thought to cripple the agencies ability of purchasing certain equipment and items used by the Police for crowd control.  Many of the crowd control methods used by the police are seen by many as a way of asserting brutality.  On September 14, 2020, protestors gathered outside of Richmond City Hall after the Richmond City Council accepted federal funding for use by law enforcement.  Protestors spray painted Abolish the Police and Defund RPD on the street right outside of City of Hall during the protest.  Despite a little vandalism, the protest as whole remained peaceful.