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In brief: Wes’ repulsion, Boots’ birthday, Corey’s alleged firing and more

New chief takes oath

As the city’s first-ever female police chief RaShall Brackney was sworn in June 18, she said we should all be saddened “in 2018, that my gender is a topic of conversation.”

The former George Washington University chief and Pittsburgh police commander of 35 years said on her first official day on the job, her priority is to meet with leaders of every shift at the Charlottesville Police Department. And then the obvious one: Come up with a plan for how to handle this summer’s anniversary of last August’s deadly Unite the Right rally.

Brackney only has two months to do so, and said she’s “up for the task.”

Hiring Brackney was one of Mayor Nikuyah Walker’s first major decisions.

“I’m really excited about today,” Walker said, because she believes Brackney will “bridge the divide that we currently have in our city between black citizens in low-income communities and law enforcement.”

As a female, multi-ethnic police officer who grew up as one of six children, sharing one bathroom with a family of eight, Brackney said she understands “feeling disenfranchised,” and later echoed, “I understand what it feels like to not be included.”

One of her top priorities since she’s been in law enforcement is reducing violence in African American communities, and Brackney said she’s “never disconnected from the communities from which [she’s] from.”

When asked what uniqueness she brings to Charlottesville, the new chief quipped, “besides being a Steelers fan?”


“You made several points, right, and one of the ones in which I feel is absolutely repulsive is the fact that you believe that an event like August 12, which was indeed very sad, traumatizing to our community, you say that it’s the worst thing to ever happen here in Charlottesville.”—City Councilor Wes Bellamy at the June 18 meeting, telling Pat Napoleon, who has called for councilors to resign, that he thinks slavery and lynching were worse.


Unwilling patient

“Jane Doe” is suing UVA Health System’s CEO and several medical practitioners for allegedly taking blood and urine samples and giving her medication against her will after a suicide attempt. She’s represented by local attorney Jeff Fogel, who is also alleging gross negligence, false imprisonment and assault and battery in his federal lawsuit.

The water’s not fine

Albemarle County officials and the local health department are encouraging Chris Greene Lake goers to “avoid water contact” at the beach, boat ramp and dog park, because of a toxic blue-green algae bloom that was caused by recent weather. People and pets will be prohibited from swimming there until further notice. High levels of algae closed the lake last summer, too.

University access

UVA students and visitors with limited mobility cannot currently traverse the entire Lawn. To make that possible, construction will begin on two brick wheelchair ramps this summer, though the project has been met with opposition from groups such as the Jeffersonian Grounds Initiative, which, according to the Daily Progress, said “ramps will protrude into the Lawn and do violence to [its] integrity.”

Boots’ 100th birthday

photo mo lowdon

Beloved UVA prof Ernest “Boots” Mead died four years ago. But that didn’t stop his former students, who have also established the Mead Endowment, from toasting his 100th birthday June 13 with celebrations across the country in D.C., New York, Richmond, San Francisco, Charlottesville—and Lander, Wyoming. Way to make an impression.

Missing millions

The Albemarle County School Board will no longer ask the Board of Supervisors for a November bond referendum, and has reduced its funding request from next year’s capital budget from over $50 million to $5.4 million. The money will go toward a 600-student learning center, a classroom addition and new gym for Scottsville Elementary School and renovations at a couple high schools—though completion costs for all three projects will be $81 million.


He said, she said

After the controversial conviction of Corey Long for pointing a homemade flamethrower at white supremacists on August 12, a tweet from activist group Solidarity Cville—which supported Long during his trial and demanded that the prosecutor drop the disorderly conduct charge—said Long had lost his job, and encouraged followers to send him a few bucks via PayPal.

“Community defender Corey Long was fired from his job because ‘they wouldn’t be able to hold his position for the duration of his incarceration,’” the June 13 tweet said. Against the prosecutor’s advice, a judge sentenced Long to 360 days in jail on June 8, with all but 20 days suspended. With good behavior, he’ll likely only serve 10 days, and they could be served on weekends.

Corey Long after his conviction for disorderly conduct June 8. Eze Amos

Solidarity Cville also tweeted a message from Long, who allegedly said, “It’s their loss, I was a good employee. But thanks for everything. Every bit helps!”

An anonymous caller told C-VILLE that Long worked at a Taco Bell in Gordonsville, stopped showing up a couple weeks before his conviction and was never fired.

According to corporate Taco Bell spokesperson Jacqueline Cisneros, the Gordonsville franchise said “team member” Long is still employed, and that it has reached out to him several times without any response. It is unclear whether Long was recently employed elsewhere.

Long did not respond to an interview request, but shared a Facebook post from Darnell Lamont Walker on June 15, which said, “Corey Long was just fired from his job,” and linked to Long’s PayPal account.

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Activist group encourages resistance—to grand juries

“I was already run over by a car, I will not be bullied by the federal government,” said Star Peterson, a victim of the August 12 vehicular attack in which a white supremacist bowled over a group of counterprotesters with a dark gray Dodge Challenger.

Peterson was among about 20 members of activist group Solidarity Cville, who gathered in front of the United States District Court on West Main Street on December 13, to protest what they call state repression.

The group says at least two victims of the summer’s Unite the Right rally have been subpoenaed to testify before a federal grand jury about the events of the tragic day that left three people dead and dozens injured.

An assistant U.S. attorney has justified the subpoenas by saying he’s only seeking to indict the white supremacists and neo-Nazis who took over the town, such as James Fields, the alleged driver of the Dodge, according to Ibby Han of Solidarity Cville.

“Yet, we don’t know if they are also seeking to indict the anti-racist activists who defended our community this past summer,” she said at the protest.

U.S. Attorney’s Office spokesperson Brian McGinn offered a written statement dated August 13, and said the office is unable to comment further because it is an ongoing investigation.

“The Richmond FBI Field Office, the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Virginia have opened a civil rights investigation into the circumstances of the deadly vehicular incident that occurred earlier Saturday morning,” said U.S. Attorney Rick Mountcastle in the statement. “The FBI will collect all available facts and evidence and will ensure that the investigation is conducted in a fair, thorough and impartial manner.”

Han says people who have been subpoenaed and refuse to cooperate with the federal prosecutor and grand jury face serious jail time.

“The survivors of a terror attack should not be subjected to 18 months in jail simply for refusing to participate in the unjust process of a grand jury,” she said, adding that people who are called to testify aren’t allowed to have their attorney present in the room. “The prosecutor may ask any and all questions they deem relevant, and they are not obligated to reveal the subject of their investigation.”

Legal expert Dave Heilberg says if a witness doesn’t show up to testify when summoned, she can be held in contempt and sanctioned, possibly in jail. If a witness appears and refuses to testify before the grand jury and invokes her Fifth Amendment rights, she is sometimes given immunity and required to answer questions anyway, even if incriminating.

The Fifth Amendment protects people from being forced to be witnesses against themselves.

“If they then refuse to answer, they can be held in contempt and face the same sanctions,” Heilberg says.

In Han’s plea for subpoenaed victims to not cooperate, she claims grand juries have historically “been used as a tool of political repression to surveil and incriminate social movements.”

And so far, federal prosecutors have “backed down” when at least one victim refused to be cooperative, she said. “Resistance works.”

Advises Heilberg, “Nobody who is subpoenaed as a grand jury witness for any reason should follow the unqualified and unauthorized legal advice of any third party or organization.”

 

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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.”