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Sweet Briar fight: First legal salvo fired by alumnae legal team

Weeks after the board of Sweet Briar voted to shutter the school following the spring semester, alumnae and faculty are fighting back, raising more than $3 million through the nonprofit Saving Sweet Briar and hiring the international law firm of Troutman Sanders to pursue legal action to block the closure. That action began with a March 23 memo sent to the college’s legal team, demanding the resignations of Sweet Briar Interim President Jim Jones and the Board and alleging they have breached their duty to the college and have violated Virginia charitable solicitation laws.

“This failure is most obviously demonstrated by the secrecy and the complete lack of transparency with which the President and the Board conducted themselves in reaching their decision,” reads the memo from Troutman Sanders attorney Ashley L. Taylor and sent to Attorney General Mark Herring and State Senators Robert Goodlatte and Chap Peterson.

Among the memo’s accusations:

  • That “the Board and the President decided to close the College despite having an endowment of nearly $90 million, with assets substantially exceeding liabilities and no accreditation issues. Indeed, the 2013 and 2014 audited financial statements for the College show that net assets (total assets minus liabilities) actually grew by over $4 million from 2013 to 2014. This change was directly attributable to endowment gains and alumnae contributions.”
  • That “the President’s and Board’s reliance on a supposedly imminent bond default may not be borne out by the facts. Importantly, the College conducted a very successful capital campaign that raised $110 million, indicating a substantial ability to raise additional funds in the face of the alleged circumstances. It [is] alarming that the President and Board have made no attempt whatsoever to conduct a new capital campaign or consider other methods of meeting the College’s needs. In sum, it appears that the President and the Board have quit on the College.”

The memo alleges that the board was actively soliciting donations in January and February of this year, including finalizing a memorial scholarship on behalf of an alumna in the name of her deceased son. According to the memo, the board refused to return the funds after the closure was announced. In addition, the memo alleges that the board has been accepting donations during the annual giving campaign and sending representatives to solicit donations from donors while simultaneously planning to close the college.

According to the memo, the school is also under fire from the County Attorney for Amherst County, who is looking into the aforementioned potential violations of the state’s charitable donation statutes. The memo requests a response from the president and board by 4pm on Tuesday, March 24.

Our coverage of the fallout from the announcement of Sweet Briar’s closure will continue with a feature that will publish Wednesday in print and at c-ville.com.

Correction: It is the county attorney for Amherst, not the commonwealth’s attorney, who is looking into potential violations.

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Corner bar releases statement on Martese Johnson arrest

The Corner bar that denied Martese Johnson entry shortly before the UVA third-year was arrested in a bloody confrontation with Virginia Alcholic Beverage Control (ABC) police early last Wednesday morning has released a statement about the incident, and has told reporters Johnson appeared neither drunk nor belligerent.

Johnson was charged with public intoxication or swearing and obstruction of justice, and sustained lacerations to his scalp and forehead that left him bloody and required stitches. Photos and a video of the arrest were circulated widely online and sparked outrage at UVA and beyond.

Kevin Badke, co-owner and manager of Trinity Irish Pub, held an “invite-only press conference” over the weekend, and pushed out a lengthy statement to a few news outlets via the restaurant’s lawyer, Cheri Lewis. Badke told InsideCville.com’s Coy Barefoot that he was working the door when Johnson presented his ID shortly after 12:15am Wednesday. The restaurant and bar has a policy of only admitting people over the age of 21 after 10pm, according to the statement, to ensure nobody underage gets served alcohol. That night, the statement says, ABC agents had told Badke they would be keeping an eye on the pub because “they were Irish.”

While Johnson is still a few months shy of 21, Badke said he didn’t even look at Johnson’s birthdate. Instead, he said, he saw it was an Illinois ID—not only that, it was from the southside of Chicago, where Badke himself is from. He did what he said he often does when he’s handed an out-of-state ID: He asked Johnson for his zip code. The one Johnson gave didn’t match, a detail that aligns with a statement made by Johnson’s attorney last week (Johnson has said his family has moved since his current ID was issued four years ago). Badke said he turned Johnson away because he thought the ID was likely a fake, but said the interaction was “cordial and respectful,” and Johnson walked away.

“A few moments later, Mr. Badke heard a commotion, turned, and saw Mr. Johnson on the ground about 30 feet further up on University Avenue with ABC agents detaining him,” the Trinity statement reads.

Neither Trinity’s owners nor Lewis have responded to multiple requests for comment from C-VILLE since last week. The statement is copied in full below.

STATEMENT FROM MANAGEMENT OF TRINITY IRISH PUB – MARTESE JOHNSON INCIDENT

The management of Trinity Irish Pub located at 1505 University Avenue on UVA’s Corner wish to issue this Press Release to clarify the events of the morning of March 18, 2015 with respect to the Martese Johnson incident, which resulted in his assault and arrest by three Alcohol Beverage Control special agents.

First, Trinity is restaurant and Irish pub which has been serving the UVA community for 7 1/2 years. Trinity is a place of public accommodation. Trinity does not nor has it ever discriminated on the basis of race, color, religion, or national origin which is prohibited by Title II of the Civil Rights Act of 1964. Trinity currently employs about 130 individuals of all ages, ethnicity, gender, sexual orientation and color. Employees and our guests are treated with the utmost respect, not because its required by law but because it’s the way to run a successful establishment.

Because it serves alcohol to its patrons, Trinity is licensed and regulated by Virginia’s Alcohol Beverage Control Board. In a college town, ensuring that underage patrons are not served alcohol is a priority. The management of Trinity have found it best to enact a strict 21 and over policy after 10pm during busy evenings for the establishment, generally Tuesday through Saturday evenings. Trinity believes this notably limits the possibility of underage students attempting to gain access to the restaurant. A 10pm timeframe is fair because it allows underage students to still dine at our restaurant for a late dinner. At 10pm, Trinity switches over to our late night food menu. Once 10pm comes, under no circumstances do we allow anyone under the age of 21 to enter the establishment. However, there are special circumstances, such as parties renting out the restaurant, when Trinity will allow underage patrons. This rule is communicated to bouncers on a repetitive basis. At 10pm, Trinity also locks up its patio furniture to assemble a barrier to form a line to the door. This gives us the best way to control the line, keep patrons safe, and most importantly, prevent underage students from sneaking in. Once 10pm comes, Trinity makes sure that each and every single person who wishes to enter the restaurant is ID’d.

Three bouncers are typically positioned at the door. Two bouncers constantly check ID’s while the third controls the exit and monitors the number of patrons to ensure fire code safety. If any questions arise about ID’s, the bouncers are instructed to ask one another first and if they are still unsure, a manager will assist and solve the issue. Trinity believes this structured policy enables the restaurant to create a safe environment and administer to all laws to the state of Virginia.

Prior to Tuesday evening, the management of Trinity were told by ABC agents that their establishment would be watched over closely on St. Patrick’s Day because “they were Irish.” In order to ensure that they were in compliance with ABC regulations, Mr. Kevin Badke, Managing Owner of Trinity Irish Pub, was on the restaurant premises and at the front door for a good part of the evening. On or about 12:15am, he spoke with Fire Marshall officials as well as ABC agents who were positioned outside the restaurant and closer to the street on University Way.

Sometime shortly thereafter, Martese Johnson, who had been in the line described, stepped up to Mr. Badke and handed him his ID. Mr. Badke did not look at the birthdate or the photo, but he did note that the ID was from Illinois. Mr. Badke is from Illinois. Mr. Badke asked Mr. Johnson to provide the zip code on the ID. According to Mr. Badke, this is a test he frequently uses to determine if a patron is using a fake ID. If the ID doesn’t belong to them, they are not familiar with some of the details on the ID. Mr. Johnson provided the wrong zip code, although it was close to the one on the license. Mr. Badke immediately responded that he could not accept it. Mr. Johnson, probably realizing the reason for the error, stated that he had moved. At this point, Mr. Badke and Mr. Johnson had a brief conversation because Mr. Badke is from the south side of Chicago, where Mr. Johnson indicated he was from. In Mr. Badke’s opinion, Mr. Johnson did not appear to be intoxicated in the least. Despite the conversation, which was cordial and respectful, Mr. Badke reiterated that he could not permit him to enter. He handed Mr. Johnson his ID back and Mr. Johnson began walking in a north westerly direction up University Avenue. A few moments later, Mr. Badke heard a commotion, turned, and saw Mr. Johnson on the ground about 30 feet further up on University Avenue with ABC agents detaining him.

There have been reported comments that management of Trinity were belligerent towards Mr. Johnson or that Mr. Johnson was belligerent towards management. Those allegations are patently untrue, as the brief conversation that occurred was polite and cordial. Mr. Badke’s observation was that Mr. Johnson was a disappointed patron.

There have been reports that Trinity engages or engaged, in this incident, in racial profiling in not permitting Mr. Johnson to enter. The rationale for allowing patrons to enter – being familiar with the zip code on their own license – is color, gender, race, and ethnicity-blind.

Comments made by a previous employee by the name of Dante DeVito that Trinity instructs its management to scrutinize persons of color for entry, are patently false. Mr. DeVito was employed by Trinity for six months and was terminated by management for cause. His comments are those of a disgruntled former employee and are not accurate.

Trinity has been interviewed by and is cooperating with the State Police who indicated that they are investigating the use of excessive force by the ABC officials who arrested Mr. Johnson.

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UVA students express anger at forum with police, march out in protest

Tensions ran high in UVA’s Newcomb Hall Theater Friday afternoon as students confronted police and other public officials at a forum organized by the University’s Student Council in response to the arrest of Martese Johnson, the African-American third-year student involved in a bloody confrontation with Virginia Department of Alcoholic Beverage Control (ABC) officers on the Corner early Wednesday morning.

Virginia Secretary of Public Safety Brian Moran, who oversees the ABC’s enforcement arm, was joined on the dais at the forum by Chief Timothy Longo and Sergeant Gloria Hubert of the Charlottesville Police Department, Chief Steve Sellers of the Albemarle County Police Department, Captain Mike Coleman of the University Police, Shawn Harrison of the Piedmont Virginia Community College Police and Charles Phillips, a mediator with the U.S. Department of Justice Community Relations Service, a “peacemaking” arm of the DOJ that works with communities on race, gender and other issues.

The 381-seat theater buzzed with students, faculty, staff and others ahead of the forum, which was closed to the national TV crews who have descended on Charlottesville to cover the controversy that exploded after photos of Johnson’s arrest went viral. Well before the event began around 1:30pm, more than 100 students—most of them African-American and nearly all of them dressed in black—packed the aisles, where people had been promised a chance to line up to pose questions to officials. After opening remarks by student council leaders and law enforcement, four of them took the stage to voice their concerns over how the forum was organized and blast the governing body for failing to address the concerns of black students.

“We were not notified or involved in the planning of today’s event until it was publicized,” said one woman, who did not identify herself. “This event was not planned with black people in mind, therefore we should question who this event is for.” She accused student leaders of being “co-opted” by an administration that aims to protect the institution of UVA at the expense of its students, but she insisted that she and others were there to facilitate a conversation, not criticize.

“We do not hate our student council or our administration or our law enforcement,” she said. “We are here because we love ourselves. We love our family and we love our friends, and we want to build a better University and a better Charlottesville community, so that when we give these places our love, they will not reflect upon us hate or fear or disgust.”

Two students, Elshi Zenaye and Vendarryl Jenkins, then alternated asking prepared questions of the officials on the dais: Why haven’t city police been properly trained to de-escalate during confrontations? What will those in charge of the ABC do to make sure this never happens again?

When the crowd in the aisles deemed answers insufficient, they raised their fists and shouted in unison, “Answer the question we asked.” The phrase was repeated again and again in response to statements made by Longo, Moran, Coleman and ABC policy advisor and former Fluvanna County Sheriff Ryant Washington, who stood up from the crowd to address a question from Jenkins: Did Washington think ABC officers were adequately trained?

“In fairness,” Washington said, “that question is not a yes or no question.”

Ultimately, he declined to answer.

Moran said Governor Terry McAuliffe was “very concerned” about the reports of Johnson’s arrest, which Johnson’s attorney has said took place after a the 20-year-old was asked for his license by a bouncer and then gave an address that didn’t match his valid Chicago ID. But the secretary urged patience.

“Governor McAuliffe, upon learning of the incident, immediately asked me to direct Virginia State Police to conduct a thorough and independent investigation of the circumstances of this case,” Moran said, a process he said could take weeks. “Let me assure you…if the findings indicate corrective actions are indeed needed, we will not hesitate to take those actions.”

Also under review, according to Coleman, is the use of force by members of the UVA Police Department on a demonstrator at a Wednesday night protest that blocked traffic on several Charlottesville streets. In a video of the protest, an officer is seen putting his arms around a woman’s body and neck and physically removing her from a city street.

Coleman confirmed the officer was a member of the University police force.

“We are currently looking into the situation,” he said, adding later that while the use of a chokehold on a peaceful protester would not be in line with department policies, he’s unable to comment now on whether the officer’s actions Wednesday were acceptable or not.

After about an hour, the students in the aisles announced they had no more questions and turned and walked out of the theater and up to the brick plaza outside Newcomb Hall, chanting “Black lives matter” as TV crews scrambled to keep up. Among them was Johnson, who had slipped into the event midway through. He shook strangers hands, but quietly refused to answer questions from reporters.

Back in the theater, the Q-and-A wound down. Student Council Executive Board member Abraham Axler acknowledged that the event and the questions asked might have made people uncomfortable.

“I think that was the most critical thing we could do today,” he said—foster an understanding that “as long as a student’s face could be bloodied by an officer of the law, that we have to feel uncomfortable, we have to be able to resolve that.”

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Video footage of March 18 Martese Johnson protest

“It really surprised me a lot, anything like this happening in Charlottesville,” said 17-year-old Greg Nachmanovitch, who documented the Wednesday, March 18, protest over the arrest of UVA student Martese Johnson by Virginia Alcoholic Beverage Control agents. Also filming the protest, organized by UVA’s Black Student Alliance, were Will Jones, 17, and recent VCU film school grad Kai Irving, who posted the footage on the YouTube page for Irving’s film collective Fall Line.

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Arts

ARTS Pick: Wayne Shorter

Blue Note recording artist and composer Wayne Shorter has been a preeminent jazz saxophonist since the 1960s when he performed with Miles Davis and his Second Great Quintet. The 10-time Grammy-winner is joined onstage by Esperanza Spalding, the young double bass phenom who’s garnered four Grammys herself, including the award for Best New Artist in 2011, making her the first jazz musician to ever win that category.

Tuesday 3/24. $24.50-150, 8pm. The Paramount Theater, 215 E. Main St., Downtown Mall. 979-1333.

 

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Arts

ARTS Pick: Caroline Spence

Caroline Spence has taken Nashville by storm over the past two years, winning songwriting competitions at the Rocky Mountain Folks Fest, Kerrville Folk Festival and taking American Songwriter Magazine’s 2013 grand prize. The momentum encouraged Spence to crowdsource funding for the full-length album, Somehow, paving the way for the Charlottesville native to take her music to the next level.

Sunday 3/22. $8-10, 6pm. The Southern Café and Music Hall, 103 First St. 977-5590.

 

https://www.youtube.com/watch?v=mYoJmkhwiw8

 

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Waterhouse condos go on the market

Nearly four years after architect Bill Atwood completed a mixed-use building on Water Street to house the educational travel agency WorldStrides, the 17 deluxe condos on the top floors have finally gone on the market as some of the most expensive real estate downtown.

The problem, said Atwood, was trying to add a ninth floor after WorldStrides was already installed in 2011. He had to start over with the Board of Architectural Review, he said, and getting materials up to the top was a real pain. “I won’t do that again,”  he said.

Condo sales also were hampered by the real estate bubble and the derelict structure that was going to be the Landmark Hotel, according to Atwood. “The hotel is a huge visual downer,” he said. And it’s the views that make Waterhouse ultra desirable—and at around $400 a square foot, ultra expensive, although Atwood said the price is comparable to the top floors of the Randolph or Gleason, other downtown condos.

A condo has already sold on the sixth floor for $1,060,000, said Atwood. “To have a unit on the lowest floor sell for over $1 million sets a certain tone,” he said. A top floor, 3,600-square-foot abode is listed at $1.6 million.

Said listing agent Steve McLean, “We’ve had good interest.”

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Oversized book on overpopulation

A group concerned with local growth is distributing a seven-pound, 300-page coffee table book on overpopulation. Advocates for Sustainable Albemarle Population (ASAP) presented copies of Overdevelopment, Overpopulation, Overshoot to the Board of Supervisors March 11, and made a similar back-breaking delivery to City Council. (C-VILLE received its own copy—one of the 70 ASAP gave out.)

“We thought it would be useful to local decision-makers to think globally,” said ASAP president Tom Olivier. The book has gorgeous photographs that show the effects of mankind trashing the planet. ASAP would like to “stabilize” the population in Charlottesville and Albemarle at around 165,000 by nixing higher density zoning and adding more conservation easements, said Olivier, to deter those who move here because it’s so darn desirable.

Olivier appreciates the irony of preaching environmental responsibility with a massive, tree-killing tome. “We were kind of surprised by the largeness of it,” he said.

Tom Butler at the Deep Ecology Foundation, which produced Over, concurs. “It’s tremendously ironic. Absolutely.” He said environmental groups have a long history of using large-format photo books to illustrate oppressive environmental issues. “The rationale is, we hope the benefits to the earth will be doing more good than harm in the long run.”

Tim Hulbert, president of the Charlottes-ville Regional Chamber of Commerce, was not among the decision-makers who received a copy of the book, but he debated Olivier on the growth issue March 11. “ASAP’s thesis is the last one in the church, lock the door,” said Hulbert. There’s “an elitism” to ASAP’s desire to stall growth that would make the area even less affordable, he said.

Over is available for nondecision-makers on Amazon for $50.

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Martese Johnson: ‘How could this happen?’

At a Thursday evening press conference on Charlottesville’s Downtown Mall, Martese Johnson’s lawyer told reporters his client, the 20-year-old African-American UVA student whose bloody arrest by ABC officers on the Corner early Wednesday morning has sparked outrage, would “fight the criminal charges against him with the utmost vigor.”

Johnson, who was joined at the press conference by his mother and brother, stood next to Williams Mullen attorney Daniel Watkins as the lawyer gave his account of the arrest. At 12:30am Wednesday, said Watkins, Johnson was standing outside Trinity Irish Pub when an employee of the bar asked him for identification.

“Martese presented a valid Illinois state identification card, issued in 2011,” Watkins said. “The employee then asked Martese for his zip code, and he recited his mother’s Chicago City zip code and her current address, which is different from the zip code on the identification card that was printed almost four years ago.”

At no time did Johnson present a fake ID, said Watkins, a detail that was included in some early unverified reports of the incident.

After that, Watkins said, three officers then threw Johnson to the ground, “his head hitting the pavement the officers’ knees pressed into his back, his face…bleeding and needing surgery.” Watkins said the two offenses Johnson was charged with—obstruction of justice without force and swearing or public intoxication—require only a fine.

Watkins described Johnson as “an upstanding young man with a bright future.” Raised by his single mom on the south side of Chicago, he got into UVA on a full scholarship based on financial need, Watkins said, serves on the University’s Honor Committee, and has no criminal record.

“He has worked hard to become a well-respected leader on campus and to make a difference in this community,” said Watkins. “Our primary goals are to make certain he receives due process under the law and to protect his good name.”

According to Watkins, the family and lawyer today met with members of the Virginia State Police, who are conducting a criminal investigation into the incident. They also sat down with UVA president Teresa Sullivan, whom Watkins said “expressed her remorse regarding this terrible situation, and told Martese that he has her support.”

The same support was offered up by students, professors and even complete strangers while they walked Grounds today, he said.

Before Johnson walked away with his arms around his family members, Watkins read a statement his client had prepared in which he expressed shock at his treatment, but a belief that his experience isn’t and should not be the norm.

“As the officers held me down, one thought raced through my head: ‘How could this happen?’” Watkins read. “I still believe in our community. I know this community will support me during this time. I trust that the scars on my face and head will one day heal. The trauma from what the ABC officers did will stay with me forever. I believe we as a community are better than this. We cannot allow the actions of a few officers to ruin the community of trust we have worked so hard to build.”

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Charlottesville leaders speak up on Martese Johnson arrest

Several local leaders have added their voices to the unfolding controversy over the arrest of third-year UVA student Martese Johnson by ABC officers early Wednesday morning. Johnson, who was photographed bleeding from the head as officers cuffed him on the ground outside a Corner bar, was charged with obstruction of justice and public intoxication or swearing and later released. The incident sparked angry protests in Charlottesville and has garnered nationwide attention.

Today, as the city Commonwealth’s attorney directed state police to conduct a criminal investigation of the ABC officers’ actions, local officials had their say. Here’s a roundup of their statements, which were sent to media via e-mail.

Charlottesville Mayor Satyendra Singh Huja:

“I share the concerns of the Charlottesville community regarding the actions of Virginia Alcoholic Beverage Control agents on the Corner early Wednesday morning. I am grateful to the Governor for quickly ordering a state police investigation and remind anyone who might have information about the events that took place to contact Virginia State Police at 1-877-482-8477. The City of Charlottesville and our Police Department are committed to building a community of mutual respect and we will continue to work with our citizens to build connections and foster strong relationships. I urge our residents, both on Grounds and off, to be patient as we await the outcome of the VSP investigation.”

Charlottesville Police Chief Timothy J. Longo:

“While Charlottesville Police officers were not present when Mr. Johnson was arrested by Virginia Alcoholic Beverage Control (ABC) agents and incurred injury, those unfortunate events have the potential to be detrimental to our department’s relationship with the citizens we serve, not only within the University community, but throughout our city.

Over the past 24 hours, I have spoken with student leaders regarding my personal commitment and the commitment of the Charlottesville Police Department to continue to work diligently to preserve the positive relationships we have worked hard to build. We plan to meet with students and other law enforcement representatives to continue this conversation, possibly as early as Friday, March 20, 2015.

As part of this commitment, we will review a previously entered into memorandum of agreement by and between the Charlottesville Police Department and the UVA/Student Body section of the NAACP.

This agreement includes sharing daily crime reports, frequent communication on important community issues and events, training opportunities, and a collaborative commitment to recruit and retain a more diverse police force.

CPD has been working with the Department of Justice, Community Relations Service throughout the fall and winter to convene a facilitated discussion about important issues that impact police and citizen interactions. Within the next several weeks, we will bring together a cross section of our community to take part in that discussion and help identify key issues that can be incorporated into a series of workshops aimed at furthering our collective desire to make our community a better place.

The CPD will work with the Virginia State Police and the Charlottesville Commonwealth’s Attorney’s office to ensure a complete and thorough examination of the events which led to Mr. Johnson’s arrest. Meanwhile, I will continue to work with students, university officials, community leaders, and appropriate appointed and elected officials to work through these unfortunate events in a safe, peaceful, respectful, and productive way.”

Delegate David Toscano:

“I am very concerned about the events that occurred at the UVa Corner in the early morning hours of March 17, 2015. The photos are very disturbing, as are the videos that I have viewed. At this point, it is unclear why the ABC agents took any action against this young man. I fully support the independent investigation that has been initiated by the Governor and the Secretary of Public Safety. The Governor’s office has assured me that this will be conducted and concluded expeditiously.

All of the information I have to date suggests that these were actions taken by ABC agents and NOT by the Charlottesville Police Department or UVa Police Department. So far as I know, Charlottesville and Albemarle officers arrived at the scene AFTER the ABC agents made the arrest and were engaged in helping calm the crowd. I know how much attention the leadership of our Charlottesville, Albemarle, and UVa police departments pay to the civil rights of our citizens. The continued overreaction by ABC law enforcement personnel in these cases is shocking.

It is clear, based on the 2013 incident involving ABC actions against a student at the local Harris Teeter as well as from the recent events, that ABC policies, protocols, and training are inappropriate for dealing with these kinds of cases, and state and local leadership must take all efforts to enact reforms to protect the civil rights of our citizens as they enforce the laws of the Commonwealth.

The young man himself has called for civility and calming and I agree. But we must remain vigilant in gathering the facts and readdressing the legitimate concerns raised by this incident.”