The Alexandria police department and Alexandria's Commonwealth's Attorney have determined that the use of force in arresting 33-year-old Walter Peterson in August was reasonable and within limits set by the department's training and policy requirements.
The findings were released in a memorandum from Police Chief Charles E. Samarra to City Manager Philip Sunderland, October 7. The incident occurred August 21, in the 800-block of First Street.
Police were in the area because of suspected drug activity.
Police said Peterson was observed by an undercover officer distributing what appeared to be crack cocaine to another person. These observations were confirmed when Officer Thomas Ritchie and other members of the Street Crimes Unit apprehended the buyers and recovered suspected cocaine.
Subsequent to the arrest, Ritchie and other officers told Peterson he was under arrest, but Peterson allegedly ran. Officer Ritchie pursued him on foot, warning him repeatedly to stop or he would be struck with the officer's retractable metal baton. According to Samarra's memorandum, while Peterson was fleeing, he reproached in and out of his pocket several times, keeping his hand concealed from Ritchie.
Finally, Ritchie warned Peterson once again to stop, attempted to strike Peterson on the arm and missed, warned him to stop once again, swung at him intending to hit him in his right arm. Peterson ducked, turning his head to his right and the officer struck him ion the right side of Peterson's head, causing a laceration. Peterson fell to the ground, bleeding, and was arrested.
A NUMBER OF PEOPLE who were present said that Ritchie used unnecessary force and made an offensive racial comment during the arrest sequence. All use of force incidents are investigated by the Internal Affairs Division of the police department. Findings are then reviewed by several different people within the department and by the Commonwealth's Attorney.
"In this case, it is necessary to determine whether the officer had lawful authority to arrest Peterson," said S. Randolph Sengel. "Without question he did. An officer has authority to make a warrantless arrest of any person who commits a crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence.
"In this case, Peterson was observed by other police officers distributing what appeared to be crack cocaine to another individual. These observations were confirmed by apprehension of the buyers and the recovery of suspected cocaine. These observations were known to Ritchie and clearly established probable cause for him to arrest Peterson.
"Under the circumstances as they appeared to Ritchie, the use of force in order to effect the arrest of Peterson was reasonable. Peterson's injury, while more serious than intended, was brought about by his own conduct, and was not the result of any unlawful action on the part of the officer," Sengel said.
Photographs and information from the medical examiner's office disprove some accounts from persons who claimed to be witnesses that the suspect was on the ground before the officer struck him with the baton.
As to the claims by some that Ritchie made offensive racial remarks during the arrest: "I have concluded that the allegation is not sustained," Samarra wrote in his memorandum. "This finding is not one of guilt or innocence, but rather one that indicates a finding of fact supported by a preponderance of evidence cannot be made. The record is clear that an equal number of people in positions to hear what may have been said during the arrest either support or do not support the officer's statement that he made no offensive comment."
COUNCILMAN LUDWIG GAINES has had an opportunity to read both Sengel's and Samarra's reports. He said, "While I think these reports answer some fundamental questions as to the incident itself, I think it raises additional questions for me personally. Those questions go to those witnesses who have come forward and directly contradict the findings of the chief and the commonwealth's attorney. I don't know what contradicting evidence or what statements the chief relied on, but I would like to know what that information is and what it contains. I will be briefed tomorrow on the incident and that's the first question that I have.
"I went out the night of the incident and spoke with a number of people at the scene and met with folks in the community, listening to their concerns. The picture that was painted for me was at odds with some of the information and the conclusions in both reports. I want to know specifics."
Councilman Paul Smedberg has also read both reports. "I found the reports to be very thorough and professional, exactly what I would expect from the region's finest police department and from our thoughtful, thorough and professional commonwealth's attorney," he said.
"It is unfortunate that this man was injured, but he was arrested while committing a felony. Drug activity in this activity has increased and those who live here have a right to expect that the police will take action when they observe drug deals in progress."
IN LIGHT OF THE findings, Samarra has, nonetheless, recommended some changes to training. There will be an eight-hour mandatory training course for all sworn personnel to eliminate the vertical strike technique with metal batons. Officers will also be retrained in scene management techniques, particularly those intended to de-escalate and diffuse potentially volatile situations. Samarra will also brief the Alexandria Human Rights Commission on the findings of this investigation on Thursday, October 30.
"I am deeply concerned about events that result in police uses of force, particularly those resulting in injury to citizens or officers," Samarra said. "I require that every incident be reviewed to determine how the police response can be improved. This review occurs regardless of findings in a particular case."
Some members of City Council had called for a citizen police review board after this incident. "The manner in which this case was investigated, categorically demonstrates that such a Board is not needed in Alexandria," Sengel said.
Gaines disagreed. "I was disappointed to see the commonwealth's attorney's opinion that a citizen police review board was unwarranted. I thought it was premature for him to respond to a conversation between Council members when no decision has been made.
"I understand that the job of the commonwealth attorney is to enforce the law and Council's job is to make laws. That is not to say that I do not respect his background in law enforcement and his views but I thought it was premature for him to include that in his report. The two issues should have been separate," he said.
"There are questions about the living conditions [in the neighborhood] and relations with police in certain communities that need to be addressed. I hope to follow up on that with the community and the police. I have met with ARHA, the community and religious leaders and representatives from the police force and I think there are positives that can come from this situation."