CMPD to undergo independent review in wake of Keith Scott shooting

CHARLOTTE, N.C. — A national police group will analyze and review the Charlotte-Mecklenburg Police Department's policies after being invited by Chief Kerry Putney

The Police Foundation, based in Washington, D.C., will review CMPD's policies and procedures related to the Keith Scott shooting and aftermath and CMPD's community policing strategies.

PAST COVERAGE OF KEITH LAMONT SCOTT

"It's time not only to start healing, but to get to work on finding solutions that maintain and build trust between our officers and our community," Putney said. "We are open to making changes in how we do business, but I will not make impulsive decisions in response to demands. Any changes we make in our policies or procedures will be thoroughly, deliberately and thoughtfully considered."

Speaking with Channel 9's Joe Bruno in a one-on-one interview, Putney said he invited the Police Foundation because CMPD is resilient and can handle scrutiny.

"I know that sometimes I can't see the forests from the trees, but it will be good to get that expert opinion," Putney said. "I think what it is really going to do is validate what I think of this organization and I think it is a really great organization doing great work."

The interview with Putney came less than 24 hours after he released the full body and dash camera videos from the Keith Scott shooting. Putney had reservations about releasing the video but ultimately did at the family's request.

"I just don't like putting those things out for ethical reasons," Putney said. "Everything is out there now that is to be consumed and I don't think it really changes the facts."

At a news conference after the video release, attorneys for Scott's family agreed with Putney's earlier statements that the videos aren't conclusive.

The attorneys raised several issues with what the videos captured including there is no sight of a gun.

Police have released photos of the weapons they say Keith Scott was holding. CMPD sources tell Channel 9 Scott's DNA, blood and fingerprints were found on the gun.

Family members claim he was unarmed.

Attorneys argue it's impossible to determine what if anything Scott is holding.

"It is my belief that if that firearm was within that section of his body you would have seen it," attorney Justin Bamberg said. "The officer with the body camera was right there. We still don't know and this video does not shine any light on whether a firearm was in his possession or whether it was found. Those questions still remain."

Putney refused to clarify where the gun was at the time of the shooting. He refused to make any commentary on the specifics of what the videos show or don't show.

"I am not going to try the case in public opinion," Putney said. "I am going to allow the district attorney to lay out all of the facts in a way the community can understand."

The State Bureau of Investigations is currently reviewing the case. Once the investigation is complete, it will be turned over to the Mecklenburg County District Attorney.

Local police attorney Scott MacLatchie said it doesn't matter if the gun was at Scott's side or pointed at officers.

MacLatchie points to a ruling in Anderson v. Russell, where the Fourth Circuit found "an officer does not have to wait until a gun is pointed at the officer before the officer is entitled to take action. We have further held that an officer is not required to see an object in the suspect's hand before using deadly force."

That ruling coupled with the officer's continued commands to "drop the gun," and Scott's wife's yells of "don't do it Keith," are reasons why MacLatchie feels the shooting was justified.

"The legal test looks at did the officer respond reasonably to the threat," MacLatchie said. "When you talk about someone brandishing a firearm regardless of the position it was being held the answer to that is yes."

Putney announced the departments to the following short-term steps during the independent review:

• Solidify and make public the department's procedure for releasing body-worn camera footage, so there is a consistent and transparent process moving forward.
• Continue making preparations to equip tactical officers with body-worn cameras. Patrol officers and tactical officers will wear body worn cameras both while working on and off duty assignments, as soon as additional cameras are purchased and officers are trained.
• Continue discussing the possibility of subpoena powers for the Citizens Review Board with its External Advisory Committee. Note: This change would require legislative action.
• Review policies, procedures and training related to de-escalation techniques. We will continue to refine our response to protest situations, emphasizing communication with lawful.

Interim City Manager Ron Kimble pledged to work with Putney, Mayor Jennifer Roberts and City Council to appropriate the public and/or private funds necessary for the assessment.

“I applaud Chief Putney’s decision to invite the Police Foundation to review the department and its policies. Fostering trust between our police department and our community is important to all of us, and we are very proud of the hard work that our men and women commit to every day,” Kimble said.

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