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“Me too:” Sexual assault victim speaks out

Sitting on a black ottoman in her living room, the same room where she says an on-duty Charlottesville police officer sexually assaulted her in November 2016, Ronna Gary draws invisible lines with her pointer finger to illustrate the ways she’s rearranged the space since the cop allegedly pressured her to her knees, unzipped his pants and forced her to perform oral sex on him right next to her exercise bike.

She ditched the bike, for the record. The new layout makes her feel more comfortable in the “crime scene” she avoided for several months.

Christopher Seymore. Courtesy of the CPD

The Shamrock Road resident doesn’t like reliving the early morning hours of November 18, 2016, when ex-cop Christopher Seymore responded to a drunk driving incident on her street and entered her house to ask about what she saw. He allegedly left some belongings sitting on the bicycle while he went out to sign for a tow truck, and when he came back inside to retrieve them, she noticed he had removed his body camera and covered his badge.

Gary testified in court that she was terrified, at eye-level with the uniformed officer’s handgun holstered on his belt, as he forcibly sodomized her. When the sun rose and he was off the clock, she says she awoke to the sound of Seymore beating on her bedroom window, and when she let him inside again, he led her to her bedroom and sexually assaulted her again.

“I should have never opened the door,” she says, wearing a gray, long-sleeve T-shirt with the words “Me Too” written across the chest, her back to a miniature Christmas tree with white lights and red and gold ornaments. She didn’t put up a tree last year—she wasn’t in the holiday spirit—but this year, she says she’s trying.

On December 12, Gary and about 15 of her supporters, with protest signs in-hand, rallied in front of the Charlottesville General District Court and police department to demand a new trial date for the man who is charged with two counts of forcible sodomy at her expense.

She thinks Seymore’s defense attorney, Liz Murtagh, is intentionally using stall tactics to prolong the trial, which was initially scheduled for the beginning of December and was continued.

“Justice delayed is justice denied,” said local activist Jalane Schmidt at the protest.

Murtagh says the December 7 trial was continued because a subpoenaed police officer was sick. On December 18, the trial was rescheduled to start March 5.

“I just want the first available [trial] date,” Gary said before it was rescheduled, surrounded by a vast selection of scented candles and a dozen framed photos of her loved ones. “[Murtagh] gave this guy one more Christmas, and she took one more Christmas from me.” Gary says she put up a $10 tree from Dollar General. “I just figure, you know, he’s not going to get this Christmas.”

Pausing to blink back tears, she says, “I’m better than I was last year. I’m not 100 percent, but I’m not as bad as I was.”

In the past year, Gary has undergone extensive therapy through the local nonprofit Sexual Assault Resource Agency.

She says she’s gone days without sleeping, and had a hard time getting out of bed some mornings. She’s been told the alleged rape was her fault and she was “asking for it,” lost a job for missing work, had animal carcasses left in her front yard—”dead rats, because I told on an officer, so I’m a rat,” she explains. Her house has been shot with paintballs, her motorcycle vandalized and her tires slashed.

Now she has a surveillance camera peeking through her front window, and “shockingly,” she quips, knocking on her wooden coffee table, “the incidents have stopped.”

“And [the defense] is threatening me in court with bringing out stuff about my past,” Gary says. “There’s nothing in my past that I’m ashamed of. Not one thing. But that’s what they do to victims—they put you on the stand and they rip you in half.”

In an April 13 preliminary hearing, during which Gary gave an emotional testimony about the sexual assault for more than an hour, she says she saw Seymore for the first time since the incident in her bedroom.

“I wanted to look him in his eye when he didn’t have on that blue uniform and he didn’t have a gun,” she says. “It was important for me to look at his face.”

He looked at the ceiling and he looked at the floor, but Gary says he wouldn’t look back at her.

“I was disgusted and angry,” Gary says. “He took my spirit for a bit.”

Back in her living room, there’s a painting of a woman who looks much like the alleged victim, with light brown skin and boldly lined lips of a darker hue. The woman on the oversized canvas has lustrous tears pouring from sad brown eyes, and inside her pupils are small, circular cutouts of the faces of people Gary has loved and lost in her own lifetime, she explains about the piece of art commissioned from Maryland-based artist Geraldine Lloyd.

Gary has lived in town for nearly five years, but says she hopes to move back to Maryland where her two young daughters are currently located.

“I want out of Charlottesville,” she says. “I could fight harder and stronger if I weren’t here.”

To help her raise enough money to relocate, a friend of Gary’s has started a donations campaign called Get Ronna Safe on youcaring.com, a lesser-known crowdfunding site.

Gary encourages victims who feel like they don’t have anyone to confide in to reach her through the website.

“I’m proud of every woman who has come out,” she says about the #MeToo movement. “There’s safety in numbers.”

She adds, “I can honestly say I see why women don’t. You’re treated like hell.”

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Abrupt exit: Chief’s retirement, Pleasants’ fill-in raises questions

After initially refusing to confirm reports that Charlottesville police Chief Al Thomas had resigned and was packing his office on Monday and would be out of the building by 5pm, the city issued a release Monday afternoon that said Thomas would be retiring, effective immediately.

The hasty departure raised questions at the December 18 City Council meeting about whether Thomas was forced out following Tim Heaphy’s critical independent review about the lack of police intervention August 12 when protesters brawled in the streets and an unattended mall crossing allowed a neo-Nazi from Ohio to plow into a crowd on Fourth Street, killing Heather Heyer.

City Manager Maurice Jones denied that Thomas’ resignation was involuntary.

“You can’t be left with the feeling he voluntarily resigned when it’s effective immediately,” said civil rights lawyer Jeff Fogel.

Thomas, who previously was police chief in Lexington, was the first African-American hired to head Charlottesville’s police department, and he’s spent 27 years in law enforcement since he started in Lynchburg.

Some of the allegations in the report—that Thomas deleted texts, that he used a personal email to skirt FOIA and that he said to let protesters fight to make it easier to declare an unlawful assembly—he denied through his attorney, Kevin Martingayle.

The report also alleged that officers feared retribution for criticism, another claim Martingayle disputed.

And some had a different interpretation of the report. Said Fogel, “It’s clear Thomas is being undermined by his own staff.” Fogel and others have challenged the notion of blaming the handling of white nationalists on two black men—Thomas and Jones.

“Nothing in my career has brought me more pride than serving as the police chief for the City of Charlottesville,” said Thomas in a statement. “I will be forever grateful for having had the opportunity to protect and serve a community I love so dearly.“

Martingayle says Thomas has no immediate plans and is looking forward to some time off.

“I think it’s very important that he confide in us what happened August 12 if he loves us so much,” said Fogel.

Jones praised Thomas in a statement: “Chief Thomas has served his country and three communities here in Virginia with distinction and honor. He is a man of integrity who has provided critical leadership for our department since his arrival.”

Jones’ choice of Deputy Chief Gary Pleasants as acting chief until an interim one is named drew complaints at City Council. Pleasants ordered the use of tear gas at the July 8 KKK rally without Thomas’ approval, and when asked about it, replied, “You are damn right I gassed them, it needed to be done,” according to the Heaphy report.

Speakers at council blasted the decision. “I think this is unacceptable,” said councilor-elect Nikuyah Walker. “There is no trust here.”

“You can’t hire that man,” said former local NAACP chapter head Rick Turner. “It would be the biggest farce. He’s the worst.”

The search for a new chief begins immediately.

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Updated: Chief Thomas out, retirement effective immediately

After initially refusing to confirm reports that Chief Al Thomas had resigned and was packing his office on Monday and would be out of the building by 5pm, the city issued a release that says Thomas is retiring effective immediately.

Thomas, who previously was police chief in Lexington, was the first African-American hired to head Charlottesville’s police department, and he’s spent 27 years in law enforcement since he started in Lynchburg.

He also received much of the blame for the lack of police intervention and for the deadly turn of events at the August 12 Unite the Right rally in Tim Heaphy’s independent review of the city’s handling of the summer’s invasion of white nationalists and neo-Nazis.

Some of the allegations in the report—that Thomas deleted texts, that he used a personal email to skirt FOIA and that he said to let protesters fight to make it easier to declare an unlawful assembly—he denied through his attorney, Kevin Martingayle. Martingayle did not immediately respond to messages from C-VILLE Weekly.

The report also alleged that officers feared retribution for criticism, another claim Martingayle disputed.

And some had a different interpretation of the report. Said civil rights attorney Jeff Fogel, “It’s clear Thomas is being undermined by his own staff.” Fogel and others have challenged the notion of blaming the handling of white nationalists on two black men. City Manager Maurice Jones is black.

“Nothing in my career has brought me more pride than serving as the police chief for the City of Charlottesville,” said Thomas in a statement. “I will be forever grateful for having had the opportunity to protect and serve a community I love so dearly.  It truly has been an unparalleled privilege to work alongside such a dedicated and professional team of public servants.  I wish them and the citizens of Charlottesville the very best.”

City Manager Maurice Jones praises Thomas in a statement: “Chief Thomas has served his country and three communities here in Virginia with distinction and honor. He is a man of integrity who has provided critical leadership for our department since his arrival. We wish him all the best in his future endeavors.”

Jones did not name Deputy Chief Gary Pleasants interim chief, and says in the release that Pleasants will guide the department until an interim chief is named, and the search for a new chief begins immediately.

Updated 2:55pm

 

ORIGINAL STORY

Charlottesville Police Chief Al Thomas has resigned and reportedly is packing his office today and will be out of the building by 5pm, according to a knowledgeable source who spoke only on condition of anonymity.

City officials declined to confirm the ouster. “I don’t have anything,” says city spokesperson Miriam Dickler. “When I do we’ll announce it.”

“I haven’t heard anything officially,” says Charlottesville police spokesman Steve Upman.

Thomas did not immediately respond to messages left with his office.

Hired in April 2016 from Lexington, Thomas was the first African-American to head the city police department. And much of the blame for the deadly results of the August 12 Unite the Right rally fell on his head in Tim Heaphy’s independent review of the city’s handling of the summer’s invasion of white nationalists and neo-Nazis.

Some of the allegations in the report—that Thomas deleted texts, that he used a personal email to skirt FOIA and that he said to let protesters fight to make it easier to declare an unlawful assembly—he denied through his attorney, Kevin Martingayle. Martingayle did not immediately respond to messages from C-VILLE Weekly.

The report also alleged that officers feared retribution for criticism, another claim Martingayle disputed.

And some had a different interpretation of the report. Said civil rights attorney Jeff Fogel, “It’s clear Thomas is being undermined by his own staff.” Fogel and others have challenged the notion of blaming the handling of white nationalists on two black men. City Manager Maurice Jones is black.

This is a developing story.

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In brief: Monolithic tendencies, hysterical society and more

Monolith on West Main

What wasn’t quite clear from renderings of The Standard, the deluxe student apartments now under construction across from The Flats on West Main Street, was just how massive and Soviet Bloc-looking the 499-space parking garage is.

This is what The Standard will look like in a year or so. Mitchell/Matthews

Good news: It’s going to be covered by the building and won’t be a stand-alone monstrosity.

According to Chris Engel, the city’s director of economic development, the “parking being built is solely to support the building,” which has 189 units and commercial and retail on the first of its six floors.

Developer Landmark Properties, based in Athens, Georgia, is “redefining the college living experience,” according to its website. The complex is shooting for a fall 2018 move-in.

The Standard garage back in July. Staff photo

“It’s kind of an eyesore,” says Flats resident William Rule. The construction noise, too, has been a problem, he says.

Mel Walker, owner of Mel’s Cafe, is not perturbed about the construction down the street or the upcoming influx of students. “They’ve got to eat somewhere,” he says.

 

 

 


CPD’s August 12 bill

Photo Eze Amos

Charlottesville police spent nearly $70,000 for the Unite the Right rally, including almost $44K on overtime and a $565 pizza tab from Papa John’s. The bill includes $3,300 for Albemarle sheriff’s deputies, $2,400 for jailers and $750 for the services of clinical psychologist Jeffrey Fracher. The city spent $33,000 for the July 8 KKK rally.


“Solidarity Cville rebukes the ‘Concert for Charlottesville’ as a show of false unity.”—Statement dropped about the same time the Dave Matthews-led concert was beginning September 24.


Art installation erased

A group of residents worked through the wee hours September 24 to transform the Free Speech Wall to the Solidarity Wall. Little more than an hour later, a man erased their efforts.

Where’s the gas?

Charlottesville’s first Sheetz opens September 28 on the Corner. The petroleum-less convenience store is a new concept for Sheetz and the fourth it’s opened in the middle of a college town. It features USB phone charger ports every three feet, and is open 24/7, which means rush hour around 2am on weekends.

Historical Society under fire

Steven Meeks. Photo Eze Amos

For years the tenure of Steven Meeks as president of the Albemarle Charlottesville Historical Society has brought grumblings from former board members and a loss of half its dues-paying membership. Now the city is citing leadership and transparency issues in its proposal to up the rent for the McIntire Building, where the nonprofit is housed, from $182 a month to $750, according to Chris Suarez in the Daily Progress.

 

 

 

Accused murderer arrested

Huissuan Stinnie, the 18-year-old on the lam since being accused of the September 11 murder of New York man Shawn Evan Davis on South First Street, was arrested in Fluvanna September 25. He faces charges of second-degree murder and use of a firearm in commission of a felony.


Store it in style

Lifelong mountain biker and Charlottesville resident Eric Pearson was frustrated by the hassle of having to back his car out of his garage each time he pedaled home and needed to hang his bicycle back on the hook over his workbench, so he committed to buying an outdoor storage container for his two-wheeler.

“I quickly discovered that no elegant product existed,” he says, and decided to build a device for those who also wanted an aesthetically pleasing way to keep their bikes from becoming one of the 1.5 million stolen in the country each year. Thus, the Alpen Bike Capsule was born.

Courtesy Alpen

Each slim silver cylinder uses an integrated Bluetooth lock to provide secure access, is waterproof, lightweight, durable and bolts to any surface. While Pearson says his capsules look great outside any home or apartment, or on the back of an RV, we think it looks like it came straight off a Star Wars set—and we’re okay with that.

The product should hit the market by mid-2018, he says. And though it’ll set customers back about $1,000, Pearson says early orderers can expect significant discounts.

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Where were the police?

A month ago during the July 8 KKK rally, police were accused of overreacting and escalating things when they deployed tear gas on protesters at an event that was already breaking up.

At the August 12 Unite the Right rally, they faced the opposite complaint: That they stood and watched assaults take place.

Civil rights attorney Jeff Fogel was on Market Street after the rally was declared an unlawful assembly, and he  says there were no police in sight.

“When fistfights broke out, state police did nothing,” he says. “I was a little surprised they made a decision to let all hell break loose.”

Throughout the weekend, people noted a number of occasions when the police were absent: the altercation in front of the Rotunda following the tiki-torch procession through UVA on Friday night. The assaults that took place on Market Street Saturday morning before Governor Terry McAuliffe declared a state of emergency. And the brutal attack of Dre Harris by white nationalists in the Market Street Parking Garage beside the Charlottesville police station.

At an August 14 press conference, Police Chief Al Thomas disputed assertions that officers were ordered to not intervene. “Throughout the entire weekend, the Virginia State Police and Charlottesville police intervened to break up fights and altercations between those at the rally site, and that began Friday night,” said Thomas.

In many of the conflicts, someone was attacked and the attacker disappeared into the crowd, says Thomas. On Saturday alone, police received 250 calls for service at the rally, and state police treated 36 injured people.

And he says the department is still getting calls about assaults and civil rights violations that occurred over the weekend. The city has established a tipline and people can report incidents by emailing cvillerally@charlottesville.org or calling 970-3280.

City police and City Manager Maurice Jones said August 7 that they could not ensure the safety of Emancipation Park and used that as the basis for issuing rally organizer Jason Kessler a permit for McIntire Park, a change that was blocked in federal court the evening before the rally.

“We had a very large footprint to cover,” said Thomas, especially after the rally was canceled and opposing factions dispersed throughout the city.

At press briefings before August 12, Thomas said he’d learned a number of lessons from the KKK rally, and that the Unite the Right protest was an entirely different beast.

He also said there would be close to 1,000 law enforcement and emergency responders on hand.

Perhaps that’s why many wonder why this event was so much more violent than the KKK rally, with so many fewer arrests—six—compared with the 23 people charged July 8.

“Police obviously didn’t do their job,” says John Whitehead, founder of the Rutherford Institute, which joined the ACLU of Virginia in representing Kessler in his suit against the city for its change of venue. “They didn’t separate the sides.”

Thomas says there was a plan to keep the factions separate by having the alt-rights enter through the back of Emancipation Park. “They did not follow that,” he says.

Alt-right attendees like Richard Spencer complained of having to run a “gauntlet” of counterprotesters, and Kessler said police did not do their job in protecting the people at his rally—at least before he was drowned out and chased by angry citizens at a press conference Sunday, when he had to run to the police for protection.

Virginia State Police spokesperson Corinne Geller told the New York Times, “It may have looked like a lot of our folks were standing around” because of the sheer number of officers on the scene, but “there were other troopers and law enforcement officers who were responding to incidents as they arose.”

Activist Emily Gorcenski livestreamed the tiki-torch procession through UVA Grounds Friday night, and was perplexed by the paucity of police at the event that ended with a brawl when white nationalists, vastly outnumbering a small number of protesters, surrounded them at the Thomas Jefferson statue in front to the Rotunda on University Avenue.

“The media showed up,” says Gorcenski. “If journalists knew and the event was publicized on Twitter, the police should have shown up.”

She says she did see police after she washed the pepper spray out of her eyes, and UVA says one officer was among those injured. University Police Chief Michael Gibson did not return a call from C-VILLE.

Gorcenski was not in the immediate rally area August 12, but says she saw from a distance “police using tactics for crowd dispersal with slow marches down the street that were very deliberate” efforts to calmly control the crowd.

“I thought police had significantly improved their tactics since July 8, when they did their job poorly,” says Gorcenski, referring to the “unnecessary deployment of chemical agents.”

While tear gas was in the air August 12, Charlottesville police say it did not come from them.

Former New York cop and prosecutor Eugene O’Donnell, now a professor at the John Jay College of Criminal Justice,  says, “I think it’s unfair to do a wholesale condemnation of police. It’s a fallacy that by police acting emphatically, that automatically makes things better.”

There’s no “magic book” that tells police what to do, and “police wrestle with this all the time,” he says. Bigger cities are better equipped to handle situations such as the one Charlottesville faced because they do it all the time and “the more you do it, the better you get,” says O’Donnell.

And while the vast majority of protests are peaceful, he says Charlottesville was hit with a “double whammy” because it’s a department that doesn’t handle a lot of violent demonstrations and “the people who came were intent on causing trouble.”

Says O’Donnell, “Police really do feel any action you take, you’re subjected to much less criticism for not acting than acting.”

Arrested August 12

Troy Dunigan, 21, of Chattanooga, Tennessee, for disorderly conduct for throwing something into the crowd.

Jacob Smith Albemarle, Charlottesville Regional Jail

Jacob L. Smith, 21, of Louisa, Virginia, for misdemeanor assault and battery for allegedly punching a female reporter from The Hill in the face.

 

 

 

 

 

 

 

James M. O’Brien, 44, of Gainesville, Florida, for carrying a concealed handgun.

David Parrott, 35, of Paoli, Indiana, for failure to disperse in a riot.

Steven Balcaitis Charlottesville Police Department

Steven Balcaitis, 36, of York, South Carolina, for assault and battery for allegedly choking a woman in McIntire Park.

 

 

James Alex Fields, CPD

 

 

 

 

 

 

James Alex Fields, 20, of Maumee, Ohio, for second-degree murder, three counts of malicious wounding and hit and run.

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Police expect thousands, closed streets downtown August 12

At a press conference today, Charlottesville police Captain Victor Mitchell estimated there would be between 2,000 and 6,000 people here on Saturday and said many downtown streets and sidewalks will be closed for the upcoming Unite the Right rally

Mitchell is incident commander for both McIntire Park, where the city wishes Jason Kessler would take his white nationalist assembly, and Emancipation Park, where Kessler has vowed he will hold his protest, with the ACLU of Virginia and the Rutherford Institute supporting his right to be there,

“We are prepared for multiple possibilities and the Charlottesville Police Department, with assistance from the Virginia State Police, has plans in place to protect citizens in both parks,” says Mitchell.

Police will be present at McIntire, should someone decide to protest or counter-protest there. The entrance to the park from the U.S. 250 Bypass will be closed, and Kessler’s people can park at McIntire, while counter-protesters must park at Charlottesville High, says Mitchell.

But the real action will be downtown, Mitchell acknowledged. “There will be a number of road and sidewalk closures,” he says. “We anticipate large crowds downtown that will necessitate road closures around Emancipation Park.”

Albemarle and University police will handle the city’s 911 calls, and he advised citizens not to be surprised when an officer shows up not wearing the city uniform.

City police have been in touch with many law enforcement agencies, says Mitchell, but the details he released were few.

When asked how police would keep the alt-whites and antifas apart, replies Mitchell, “The best we can.”

He answered a question about whether the city had put police in a difficult position when it said would grant Kessler’s permit if he moved to McIntire Park: “It would be beneficial to us if Mr. Kessler would move. We are in a difficult spot.”

There are no restrictions on weapons at Emancipation, the park formerly known as Lee, but he cautioned those who might be coming to Charlottesville with violent intentions that there would be consequences.

Green indicates road open, blue and red mean no go.

 

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In brief: Beary confused visitor, the kost of the KKK, gross algae and more

Was the four-legged visitor weeks early for its move-in date? Community members took to social media to share photos of a black bear flouncing around UVA Grounds August 1. A state wildlife biologist tranquilized it outside the Children’s Hospital, loaded it into a truck, and, after the drug wore off overnight, dropped it off on national forest property west of Harrisonburg

It gets worse

Rick Wellbeloved-Stone. Courtesy CPD
Rick Wellbeloved-Stone. Courtesy Charlottesville Police Department

CHS teacher Rick Wellbeloved-Stone, who was charged with one count of child porn possession July 27, was charged with 19 counts of child porn production and one count of aggravated sexual battery August 4. He was placed on leave and remains in Albemarle-Charlottesville Regional Jail.

Daycare distress

Classroom ratios and failure to supervise children are noted issues at Kiddie Academy, an Albemarle daycare that has racked up more than 40 violations since January 2016. It was placed on a provisional license last month and the state Department of Social Services says it has until January to prove it can comply with regulations, or it could lose its license, according to the Newsplex.

Motorcycle fatality

Twenty-two-year old Jordan Marcale Cassell died traveling west on Garth Road August 5 when his Honda bike struck a 2013 Honda Fit driven by an 87-year-old turning left onto Garth from Free Union Road, closing down both roads for three and a half hours. Cassell, a grad of Staunton’s Robert E. Lee High, is the 10th fatality in Albemarle this year. Police say no charges are pending.

Algae yucks up lake

The Virginia Department of Health continues to advise people and their pets to steer clear of Chris Greene Lake because of a harmful blue-green algae bloom that may cause rashes and other illnesses.


Teresa Sullivan. Photo: Ashley Twiggs
Teresa Sullivan. Photo: Ashley Twiggs

Quote of the week: “There is a credible risk of violence at this event, and your safety is my foremost concern. Moreover, to approach the rally and confront the activists would only satisfy their craving for spectacle. “—UVA President Teresa Sullivan on the August 12 Unite the Right rally.


The cost of a KKK visit

The July 8 Loyal White Knights of the KKK demonstration racked up a hefty bill for the city, with neighboring
Albemarle police chipping in 52 officers at a cost of $14,045. Here’s a breakdown of some of the city’s $32,835 in expenses, which don’t include the Albemarle County Sheriff’s Office bill for $2,467.

The Virginia State Police won’t provide its manpower costs unless we cough up $300, and it won’t release the number
of officers it sent due to tactical and safety reasons. Its
spokeswoman does say that many state police were scheduled in advance of the Klan fest as part of their 40-hour week to minimize overtime. She says the helicopter that buzzed over Justice Park costs $615 an hour to operate and ran for 3.6 hours for a total of $2,214.

So far, it all adds up to more than $51,565.

At a price

City salaries $23,352

Includes city police, fire, deputies and ECC, with CPD racking up $16,299 in overtime.

Incidentals

Flex cuffs $660

Cutters for flex cuffs $40

Trailer hitch to pull riot gear $731

Gatorade $90

Lunches $2,423

More Gatorade, water, protein bars, sunscreen $466

Gas masks $277

Taser battery packs $45

Non-lethal equipment $2,237

 

Rally together

Follow C-VILLE Weekly on Facebook and @cvillenews_desk on Twitter for August 12 rally coverage.

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Police Chief Al Thomas is overhauling the department, implementing new ways of policing

The bass from the DJ speakers outside hadn’t quieted yet, but the second annual Memorial Day cookout in Tonsler Park had come to a close. Several dozen people made their way past the turntables and into the nearby community center. Charlottesville Police Chief Al Thomas was ready to talk.

Almost exactly a year ago, Thomas was sworn in to lead the police department, but you wouldn’t know it based on the news media. For the last 12 months he’s been behind the scenes, working. He’s been hiring, firing, restructuring, retraining, creating new paradigms, fighting against old ones and attempting to gain the respect of his 125 officers. Now he needed the community.

“You’re going to see a new organization,” Thomas told the crowd of old and young residents from the area. “You’re going to see a new police department in this community. You’re going to see a different way of policing. …I’m very confident about that. And that’s not a negative comment towards what they were doing in the past. The organizational structure was not conducive to leadership.”

For all of his significant changes since taking over, Thomas is quick not to throw his predecessor, Tim Longo, under the bus. “It was really, truly organizational structure, and it just took a fresh set of eyes,” said Thomas. “You could have come in, and in three months figured it out. But when you’re in it every day”—fighting for resources, fighting to hire and keep quality officers, managing community relations, dealing with high-profile cases—“you never catch up. You become part of that problem.”

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Rashomon effect: Police chief defends tear gas; activists allege police brutality

In the post-mortem of the July 8 KKK rally in Justice Park that resulted in 22 arrests and riot-garbed Virginia State Police tear-gassing protesters, widely diverging accounts of the event are playing out like a Kurosawa film.

Police Chief Al Thomas says his force has gotten “hundreds and hundreds of compliments” for how city police handled the estimated 1,500 people who attended. At the same time, activists are decrying the “brutality” of militarized police and the tear gassing of protesters, and demanding that the charges against those arrested be dropped.

Chief Al Thomas defends the use of tear gas to disperse protesters after the KKK left. Photo Eze Amos

And four legal organizations—the ACLU, Legal Aid Justice Center, the National Lawyers Guild and the Rutherford Institute—have asked City Council and Governor Terry McAuliffe to investigate the “over-militarized” police presence, the declarations of unlawful assemblies and the use of tear gas, and called for a permanent citizen review board.

Thomas defends its use. “The crowd was becoming more aggressive toward law enforcement,” throwing water bottles, using a pepper gel and spitting, he says.

According to Solidarity Cville, police escalated a peaceful demonstration against “white supremacist hate” by declaring an unlawful assembly after the Klan left. At a July 14 press conference in front of the police department, Emily Gorcenski, who was one of those tear-gassed, called the decision “unnecessary and unreasonable” and pointed out, “Charlottesville residents can’t clear out of a Dave Matthews concert in under an hour, yet police declared a peaceful crowd to be an unlawful assembly within minutes of the KKK departure.”

In the timeline of events, the Loyal White Knights of the KKK had a permit to protest the removal of Confederate monuments from 3 to 4pm. Because of the crush of counter-protesters surrounding the park, the KKK wasn’t able to get in until about 3:45pm. Shortly before 4:30pm, Chief Thomas ordered an end to the Klan demonstration, and protesters followed the Loyal Whites out to a secured garage on Fourth Street NE.

Protesters clogged the street, and Deputy Chief Gary Pleasants declared the first unlawful assembly of the day. Police and protesters agree on one thing: “We were trying to get them out of here as fast as possible,” says Thomas.

“No one wanted to bar the KKK from leaving the city,” says Gorcenski. “We wanted to make sure the Klan didn’t spend a minute longer in Charlottesville than necessary.”

After the KKK left around 4:44pm, police headed toward High Street, where Thomas describes a hostile crowd of several hundred people becoming aggressive toward police. On-scene commanders from city police and the Virginia State Police made the decision to deploy tear gas, says Thomas.

At 4:58pm, fewer than 15 minutes after the Klan left, police declared an unlawful assembly, says Solidarity Cville.

“We reject the allegation the deployment of chemicals was in response to a police defense strategy,” says Gorcenski. “Video evidence shows police went through a lengthy, minutes-long process of preparing gas masks.”

The Rutherford Institute’s John Whitehead contends police use of military equipment, including riot shields, assault weapons, grenade launcher and BearCat, changed the dynamic of the event, and the civil liberties orgs say the “heavy-handed demonstration of force” escalated rather than de-escalated the event.

“I would say bringing a hate group in changes the event,” counters Thomas. “That’s when we saw a change, when the Klan arrived. They brought hate and fear into our city.” Thomas also notes that city cops were in their normal uniforms for most of the day and did not have riot gear.

After the Klan left, there was a scuffle on the ramp leading up to the Juvenile and Domestic Relations Court, and two people were detained there, says Gorcenski. “It was a very, very confusing situation,” she says. Police were giving contradictory instructions, and people on the ramp had nowhere to go, she recounts.

Solidarity Cville alleges one of the people sitting on the ramp was kicked in the head three times by police. In a video the group provided, it appears an officer trying to get around them stumbled against one of the seated protesters, Tracye Prince DeSon, and looks horrified when people start shouting that he’d kicked the activist.

DeSon claims police used pepper spray on him six minutes before the first tear gas was fired. A video shows a Charlottesville police officer with a cannister in his hand, and moments later people in the vicinity are filmed coughing and reacting to an irritant, including this reporter.

A number of people, among them street medics, bystanders, ACLU observers and journalists, have discussed getting tear-gassed, and many of them said they didn’t hear the order to disperse, nor the warning that a chemical agent would be used.

Solidarity Cville’s Laura Goldblatt says medics were treating a woman in distress on the grass beside the juvenile court when the first tear gas went off beside her.

C-VILLE photographer Eze Amos was behind police taking photos of a dancing man when the first cannister went off and the wind shifted. “Around my mouth was burning, around my eyes were burning,” he says. “I was choking.”

Civil rights attorney Jeff Fogel also got tear-gassed, and says it was unreasonable to order people to leave immediately after the Klan left. “Two people were arguing at the end and police said it was an unlawful assembly,” he says. “Does that justify using tear gas on 100?”

Thomas says, “It is unfortunate” that bystanders on the sidelines got caught in the tear-gas crossfire. “It does travel. A number of our officers not wearing gas masks took in some of the gas as well.”

Three people were charged with wearing a mask—a felony—and at the July 14 press conference, Don Gathers with Black Lives Matter said, “They used their shirts and scarves to protect themselves from the chemical agents released by police.” Earlier, a masked Klansman was asked to remove his mask and not arrested, says Gathers.

City Councilor Kristin Szakos, who was not present at the KKK rally, says, “I wish there hadn’t been tear gas.” She adds, “It wasn’t unprovoked. There were people who were actively confronting police.”

Police kept people safe, while allowing people to stand up to the hatred of the KKK, she says. “The Klan knows they’re not welcome here.”

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City Council asked to investigate police force, revoke Unite the Right permit

City Council’s first meeting after the July 8 KKK rally had 57 people wanting to voice their concerns about police use of force and tear-gassing protesters. Legal organizations asked for investigations and multiple citizens wanted the permit for Jason Kessler’s August 12 Unite the Right revoked.

At times the July 17 meeting was like a civics lesson on basic constitutional rights. City Manager Maurice Jones disputed protesters’ contentions that city police protected the Klan and its hate speech. “We’re not defending this speech,” he said. “We’re defending their right to speak.”

Mayor Mike Signer also explained that City Council has no control over the prosecution of criminal charges, which falls under the purview of the commonwealth’s attorney.

And Jones and other councilors pointed out they could not revoke the Unite the Right permit, because that’s protected speech as well, although Signer said he did have “grave” concerns about the logistics of holding an event that will draw hundreds to Emancipation Park.

Legal Aid Justice Center’s Mary Bauer has concerns about police use of force at the KKK rally, and several councilors agreed to an investigation. Photo Eze Amos

Mary Bauer with Legal Aid Justice Center spoke on behalf of three other legal groups—the ACLU, National Lawyers Guild and Rutherford Institute—that jointly had written City Council and Governor Terry McAuliffe that day about police handling of the constitutionally protected right to assemble July 8 after the Klan left. “We have profound concerns about the militarized police presence,” she said.

Bauer asked for an investigation into who invited the riot-clad Virginia State Police, who determined the event was an unlawful assembly and who ordered the use of tear gas, as well as calling for a permanent citizen review board.

A number of people talked about heavy-handed police tactics toward demonstrators. UVA prof and activist Jalane Schmidt tossed an empty tear gas cannister to councilors and asked them to imagine that hitting their flesh. “This has to stop, this militarization of police,” she said. “To a hammer, everything is a nail.”

City councilors got to examine one of the tear-gas cannisters fired at citizens July 8. Photo Eze Amos

And for activist Don Gathers, July 8 will be one of those dates that people always remember where they were, as “the day the KKK came to town and the day Charlottesville citizens were tear-gassed.”

As has become typical for City Council, Signer had to suspend the meeting when attendees became unruly and booed Jones’ timeline of police actions after the Klan left, particularly his assertion that “after numerous requests for the crowd to disperse,” Chief Al Thomas made the decision to “deploy a dispersion irritant.”