For two Virginia police officers posing for a photo during the deadly uprising in the U.S. Capitol, the settlement was swift and public: they were identified, charged with crimes and arrested.
But for five Seattle officials, the outcome is less clear. Their identities remain secret, two are on leave and three continue to work while a police watchdog investigates whether their actions in the country’s capital on January 6 crossed the line from protected political speech to lawlessness.
The contrasting issues highlight the dilemma facing police departments nationwide as they assess the behavior of dozens of officers who were in Washington on the day of the riot by supporters of President Donald Trump. Officials and experts agree that officers involved in the protest should be fired and charged for their role.
But what about the officers who only attended the Trump demonstration before the riot? How does a department balance the freedom of speech of an official with the blow to public confidence that results from attending law enforcement at an event with military right-wingers and white nationalists who attacked the seat of American democracy?
A Associated Press survey among law enforcement agencies nationwide found that at least 31 officers in 12 states are being investigated by their supervisors for their conduct in the District of Columbia, or are facing criminal charges for participating in the riot. Officials are investigating whether the officers violated any laws or policies or participated in the violence while in Washington. A Capitol police officer has died after being hit in the head with a fire extinguisher when rioters stormed the building and injured numerous other officers. A woman was shot dead by Capitol police and three other people died after medical emergencies during the chaos.
Most officers have not been publicly identified; only a few were charged. Some have been identified by online sleuths. Others were reported by their colleagues or surrendered.
They come from some of the largest cities in the state – for example, three officers in Los Angeles and a deputy sheriff – as well as state agencies and a nine-officer Pennsylvania police department. Among them is a sheriff in Oklahoma and chief of police in New Hampshire who admit they were at the protest but deny entering the Capitol or breaking the law.
“If they did not serve, it is completely free speech,” said Will Aitchison, a lawyer in Portland, Oregon who represents law enforcement. “People have the right to express their political views, regardless of who is standing next to them. You just do not get debt through association. â
But Ayesha Bell Hardaway, a professor at Case Western Reserve University Law School, said the presence of an officer at the rally raises a credibility issue as law enforcement agencies work to restore confidence in the community, especially after the protest. of last summer against police brutality. George Floyd and Breonna Taylor.
Communities will question the integrity of officials who attended the protest along with ‘individuals who proudly confess racist and divisive views’, she said. “This raises the question of whether officers are interested in practicing policing in a way that builds trust and legitimacy in all communities, including color communities.”
In Rocky Mount, a city of about 1,000 in Virginia, sergeants. Thomas Robertson and Officer Jacob Fracker were suspended without pay and face criminal charges after posting a photo of themselves in the Capitol during the riot. According to court records, Robertson wrote on social media that ‘Left’ is just crazy because we attacked the government what the problem is … THE JUDGE IN ONE DAY the f (asterisk) (asterisk) (asterisk) (asterisk) American Capitol taken . Keep stabbing us. â
Attempts to contact the couple were unsuccessful and lawyers did not appear in the court reports. Leaders in Rocky Mount did not want to be interviewed. In a statement, they say the events at the Capitol were tragic.
“We stand with and add our support to those who have exposed the violence and illegal activities that took place that day,” said Chief of Police Ken Criner. Mark Lovern and city manager James Ervin said. “Our city and our police department absolutely do not condone illegal or unethical behavior by anyone, including our officers and staff.”
Across the country, five Seattle officers are being investigated by the city’s Office of Police Liability. Two officers posted photos of themselves on social media while in the district and investigated officials to determine where they were and what they were doing. Three others told supervisors that they had gone to Washington for the events and that an investigation was being conducted into what they had done there.
Seattle Police Chief Adrian Diaz said his department supported the freedom of speech of officers and that those who were in the country’s capital would be fired if they ‘were directly involved in the uprising in the US capital’ .
But police leaders need to evaluate more than just clear criminal behavior, according to Chuck Wexler, executive director of the Police Executive Research Forum, a police research and policy group. They should also consider how their actions affect the credibility of a department, he said.
Rights of the first amendment of officers “do not extend only to the expression of words that may be violent or that may express prejudice,” Wexler said, “because it will reflect on what they do when they work, when they are in court. testify . â
During the summer and fall, Seattle police – along with officers elsewhere – were criticized for their handling of mass protests against police brutality following the death of George Floyd. The city has received more than 19,000 complaints against officers, most of them due to excessive use of force and improper use of pepper spray.
Andrew Myerberg, director of the Seattle Office of Police Accountability, said none of the officers now being investigated were involved in the cases.
But Sakara Remmu, founder of Black Lives Matter Seattle / King County, said the officers should be fired regardless. Their public declarations of solidarity with Trump not only promote the distrust of the community, but also the fear of the entire department, she said.
“It absolutely matters when the decoration of racial peace rift and racial hatred comes through, because we already have a documented history and legacy of what it means in this country,” Remmu said.
In Houston, police chief condemns a resigning officer and was later charged in the riot. A lawyer for Officer Tam Pham said the 18-year-old veteran of the force was very sorry that he was at the protest and was ‘very remorseful’.
But many chiefs said their officers did not commit any crimes.
“Arkansas police respect the rights and freedoms of an employee to use their leave as the employee chooses,” Department spokesman Bill Sadler said of two officers who attended the Trump rally.
Malik Aziz, the former chairman and executive director of the National Black Police Association, compared the condemnation of all officers in Washington to the protesters who were on the streets after the murder of George Floyd, tarnished by the violent and destructive acts of some.
Aziz, a major at the Dallas Police Department, said that privately acting police have the same rights as other Americans, but that it should be scientifically disqualified for an officer to go to a big event.
“There is no place in law enforcement for that individual,” Aziz said.