CMPD officers cited in death of man in their custody have resigned, sources say

The decision not to charge the officers came three days after CMPD Chief Johnny Jennings announced that four officers and a sergeant were cited for termination following the death of Easter.

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 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.

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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.

Eventually, he lost consciousness and was taken to a hospital where he died days later.

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.

Vinson is the officer who shot and killed Keith Lamont Scott in 2016. He was not charged in that case.

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.

The chief does not have the authority to fire an officer. After being cited for termination, the officers were all given due process and the Civil Service Board would make a final determination on whether the officers were let go.

Jennings called the incident “tragic in so many ways,” saying though the officers are “good people,” the department has the responsibility to protect and serve the community whoever is in their care regardless of the circumstances and has vowed to be held accountable.

“And to know that had our officers followed our policy, Mr. Easter may be alive today,” he said. “Had officers had more concern for the sanctity of Mr. Easter’s life, we may not be looking at such a tragic outcome with this.”

Although the officers have been cited for termination, Mecklenburg County District Attorney Spencer Merriweather said there’s not enough evidence to charge them after reviewing a State Bureau of Investigation file.

Merriweather told Easter’s family that what happened was wrong, but his team called three medical experts who all agreed, there was no way to prove that the officers were guilty of involuntary manslaughter.

“With such a large amount of cocaine in his system none of them could say that had he been taken to the hospital at the time he was traffic stopped that that would have saved his life,” he said.

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Channel 9′s Mark Becker spoke with Easter’s mother and sister after they met with the district attorney. His mother, Helen Mackey, said nothing has helped the pain she feels.

“Mothers shouldn’t have to bury her child. Nothing done today has made a difference. I still miss him,” she said.

Easter’s sister, Andrell Mackey, said she is angry because what happened to her brother may not have been criminal, but it was wrong.

“If he would’ve been treated like a person with respect, we wouldn’t be here today, but he would still be here with us,” Andrell said.

Alex Heroy, the family’s attorney said officers could have kept Easter from dying.

“They knew he needed help in our view, and they left him there. Frankly, they handcuffed him to the floor and left him there,” Heroy said.

Before the DA’s announcement, executive board member of Safe Coalition NC, Meko McCarthy, said she was grateful to hear the five officers in the case could be held accountable, but she hoped they actually would be.

“We have to make some real change and I hope these officers are terminated,” McCarthy said.

The community group is demanding a plan for true civilian oversight of CMPD.

Following the chief’s announcement, Mayor Vi Lyles held a virtual news conference where she talked about the need for more federal oversight of police departments.

“We’re starting to see requirements that should be done national, not just Charlotte, Atlanta and Birmingham. I’m hoping someone will see there ought to be national standards for policing,” Lyles said.

The entire encounter was caught on camera.

On Sept. 4, Superior Court Judge Carla Archie ruled in favor of Easter’s family, saying that video would be released to the public. Family members said they hope that when the footage is released on Oct. 1, it invokes policy changes.

“I’m going to tell you right now, it’s tough to watch,” Jennings said. “I’ve seen it multiple times and every time it’s very difficult to watch.”

Under previous policy, officers were required to make visual observation of a subject in custody at least every 15 minutes. In February, former police Chief Kerr Putney laid out a new policy in response to the incident. He said people in this situation must have continual observation either in person or by video monitor.

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By law, Lyles has not yet seen the video but during her news conference she said, “I only imagine that if we’ve cited five officers for termination that video footage will play a significant role in this investigation.”

According to the 2019 CMPD Internal Affairs report, 15 officers were cited for termination last year.

CMPD released a statement following the DA’s decision saying in part:

We respect the decision passed down by the District Attorney. Citing officers for termination is never a pleasant decision, but it was the appropriate decision based on the tragic outcome following multiple department policy violations.

Check back with wsoctv.com for updates.