'Heartbreaking’: CMPD releases video of events leading to man’s death in police custody

>> In the interest of transparency, we have decided to link to the full video clips provided by CMPD here. Viewer discretion is advised.

Police arrested Easter on Jan. 23. Officers said they witnessed a drug deal and stopped Easter, who they said was found with cocaine and marijuana.

Easter told officers that he had smoked before the arrest and they believed that he had swallowed some cocaine as well.

“Open your mouth, stick your tongue out, keep your mouth open. He’s got crack all over his tongue,” one officer said.

Easter was taken into custody for an interview at the Metro Division station, but the attorney for his family said he immediately started showing signs of a medical emergency and police failed to get him the help he needed quickly.

Documents show Easter repeatedly asked officers for water and to use the restroom. According to documents, one officer told him, “In five minutes, I’m gonna come back and get you,” but investigators said they left him unattended for 20 minutes.

In the video, Easter can be heard rambling, often incoherently, but at one point, he started talking about dying.

“You think I’m gonna die. But I’m not. Y’all gonna die. But I’m not,” he said.

Three minutes later, he can be seen falling face forward on the table in the interview room before collapsing onto the floor.

Almost 10 minutes later, officers came into the room and found him convulsing. They unshackled him and gave him Narcan, a drug to counteract the cocaine. Officers then called for paramedics, who took Easter to a hospital where he died three days later.

>> Read a transcript of what happened the day of Easter’s arrest here.

CMPD Chief Jennings said that following Easter’s death, the department’s Internal Affairs launched an investigation into the actions of the officers involved. During the investigation, Sergeant Nicolas Vincent, Officer Michael Benfield, Officer Michael Joseph, Officer Shon Sheffield and Officer Brentley Vinson were placed on administrative leave with pay.

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According to Jennings, the internal investigation revealed that the sergeant and officers had “intimate knowledge that Mr. Easter had ingested and swallowed cocaine during the traffic stop.” He said Easter was left unattended in an interview room for more than 20 minutes when he was “clearly in need of medical attention.”

Following the investigation, a review board, comprised of officers across several ranks and a civilian from the Community Relations Committee, made the recommendation to cite the officers and sergeant for termination.

At a news conference Thursday, Jennings and other city leaders spoke about the newly released footage.

Jennings said the videos were some of the most difficult to watch in his entire career and the department is dedicated to holding its officers accountable in situations where policies are broken.

“It has been extremely heartbreaking to see the impact this has on the Easter family,” he said. “I hope they find some comfort in knowing we did what we could to hold the officers accountable.”

He said he doesn’t believe the officers had ill intent, but if they had made different decisions, Easter may still be alive today. He said MEDIC should have been called as soon as Easter was placed in handcuffs because the officers knew he had swallowed drugs.

“I cannot say if he ingested a lethal dose of cocaine but if these officers acted differently he would have had a chance of surviving,” Jennings said.

The officers resigned rather than face the possibility of being fired for their roles in Easter’s death. When asked if he thought the officers would just apply to other departments, Jennings said the incident has been notated in their personnel file.

“Any department seeking these officers for employment can ask for these officers' records and can get this information,” he said.

He also said CMPD would not hire someone who has resigned in lieu of termination from another agency.

Mayor Vi Lyles joined Jennings at the conference, where she acknowledged the Easter family’s loss and the department’s effort to change its policies following the tragedy.

“We can acknowledge, learn and move forward,” she said. “You can see the difference in the policy changes at CMPD. Change is taking place in the department and in our community. I understand the sense of anger and loss. We are taking steps to acknowledge, investigate and act.”

Before Easter’s death, the officers involved were only required to check on him every 15 minutes. Now, officers will have to sit with someone in custody or observe them on video at all times. The policy is not just for those arrested, it’s also witnesses, victims or anyone else police take custody of.

Channel 9 spoke with Keith Way, a retired CMPD officer with 30 years of experience, following the release of the videos. He told us that officers ignored the most basic principle that an officer should do in this situation -- call for a paramedic.

“It takes about 10 seconds. If that would have been done we would have a different narrative. We wouldn’t be having this conversation today,” he said. “I actually watched this man die on this video and I will never get it out of my mind and anyone who sees it will never get it out of their mind.”

Community calls for change after CMPD releases video of man’s death in police custody

Community members gathered Thursday after CMPD released video of the events leading to Easter’s death while in police custody earlier this year.

Many were upset that despite breaking policy, the four officers and sergeant involved were not charged with a crime or fired. They were all cited for termination, but quickly resigned before the process could unfold.

Community members said they want CMPD to ask the justice department to revoke the law enforcement certifications for all of those officers to keep them from getting new jobs with another police department.

“These officers are now able to move on with their lives and potentially find jobs as police officers. Where is the justice?” community activist Gemini Boyd said.

Jennings said he has no authority when it comes to where the officers go next, but the incident will be reflected in their files.

“Any department that is seeking these officers for employment will come ask for personnel information from CMPD and this incident will be reflected in their personnel records,” Jennings said. “I don’t have control over telling an agency not to hire one of these former officers. However, if they’re doing their due diligence, they will be able to get the information that we have here.”

Channel 9′s Tina Terry learned that the North Carolina Criminal Justice Standards Commission, which is housed in the North Carolina Department of Justice, has the authority to revoke an officer’s certification, but one legal expert told us he doesn’t believe they could in a situation like this.

Nearly 40 CMPD officers have resigned in past 5 years instead of being fired

Channel 9 has learned that over the past five years, 39 CMPD employees have resigned in lieu of termination, which is something Mayor Vi Lyles expressed frustration with earlier this month.

“I do not support the idea that you should be able to avoid the action or the consequences of an investigation and take retirement and move on,” Lyles said.

The city of Charlotte has an independent group called the Civil Service Board that oversees the hiring and firing of police officers and firefighters.

An employee is entitled to a hearing and can appeal when cited for termination by their chief. However, nothing stops them from resigning before that happens.

“Did someone leave because they made a mistake, or broke the law, or endangered the public? We should know that,” said Rep. Chaz Beasley, D-Mecklenburg.

Beasley wants changes statewide and filed an amendment last session to create a database sharable among law enforcement agencies.

“The only way we are going to be able to hold people’s feet to the fire is to make sure we have the kind of info we need when they are hired, but also when they are fired, and making sure they are not bringing other problems to other jurisdictions in our state or in our country,” Beasley said.

His efforts stalled in Raleigh.

Channel 9 has asked CMPD for weeks to speak on camera about the issue, but an interview scheduled for Thursday was canceled.

“The Charlotte-Mecklenburg Police Department cannot prevent an officer from resigning after they were cited for termination and awaiting a Civil Service Board appeal hearing,” CMPD said in a statement to Channel 9. “After the resignation, the officer’s permanent personnel file is shared with other law enforcement agencies upon request. The file will reflect that the officer was recommended to be terminated and that he/she resigned before an appeal hearing was held.”

CMPD won’t release officers' names because the department said that information is protected, so there is no way to tell if the officers who resigned in lieu of termination could be collecting benefits, such as a pension.

Kristie Puckett-Williams, the ACLU of NC’s Smart Justice Campaign Manager, issued the following statement after the videos were released:

"The officers who denied Harold Easter medical treatment should not have been able to resign. They should have been fired and investigated for criminal charges related to his death. CMPD’s failure to hold these officers accountable shows as much disregard for Harold Easter’s life as CMPD’s denial of medical treatment to someone in their custody who clearly needed it.

"It is immoral, inhumane, and unlawful for police to deny medical treatment to someone in their custody. That’s what happened to Mr. Easter, and there’s nothing to assure the community that other people who come into contact with police would be treated any differently. Coming into contact with law enforcement should not be a death sentence, but it was for Mr. Easter, just as it has been for so many people of color.

“We grieve for Harold Easter’s family and for a community that continually faces police violence and the devaluation of Black lives.”