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Letter From The Editor Opinion

I Showed Up in Boots …

I’m old enough to remember the great Levitt Shell tagging. It was last week, I think. Memphis woke up to the news that political slogans, including “Black Lives Matter,” “Save the Children,” “Eat the Rich,” and various epithets had been spray-painted on the Shell. The images were all over social media by mid-morning, at which point we also learned that presumably the same taggers had defaced the Great Wall of Graceland with similar slogans.

It was a Rorschach test. Confirmation biases kicked in. Some were outraged by the vandalism itself; others were outraged by the fact that people were more upset by graffiti than by the loss of Black lives. Many were convinced that the tagging was done by right-wing agitators looking to smear BLM and start unrest. There was something for everyone.

Steven Askew

Here’s the thing: If you don’t know who did something, you don’t know why it was done. You’re just making noise on social media. By the next day, the paint had been removed, and the brouhaha quickly disappeared, lost in the perpetual churn of the outrage cycle.

There was another story last week that you probably overlooked, and that’s too bad. It was well-reported in The Commercial Appeal by reporter Sarah Macaraeg. A Memphis Police Officer named Matthew Dyess was outed for several racist posts on Facebook. Dyess praised the Kenosha shooter with a meme that read: “Blame it all on my roots, I showed up in boots, and ruined their Black Lives affair.” Another meme Dyess posted read, “Damn, that kid can shoot!” and was tagged with a comment, “Me, watching the news.” And there was more. From the CA story: “A 2017 picture in uniform and the Facebook groups which Dyess follows remained publicly accessible Friday. The groups ‘(F—-) the Organization Black Lives Matter’ and ‘Memphis Brigade, Sons of Confederate Veterans’ were listed among them.”

So, Matthew Dyess is a racist Memphis cop. That’s bad enough. But it gets much, much worse. And it gets personal. You see, Matthew Dyess and his then-partner Ned Aufdenkamp are the cops who shot and killed Steven Askew in 2013. Steven was the son of Sylvia Askew, my wife’s legal assistant at the Federal Public Defender’s office. I went to Steven’s funeral. I know his father and mother. He was a fine young man, an auto mechanic, not a criminal. He was assassinated by two MPD officers. If this had happened in the past year or two, instead of in 2013, Memphis would be an epicenter for protest. Steven Askew’s name would be known as well as George Floyd’s and Breonna Taylor’s. His death was that egregious. MPD and the DA would not be able to bury this story in 2020.

Here’s what happened: Aufdenkamp and Dyess were patrolling an apartment complex on foot, responding to a noise complaint. They noticed the 24-year-old Askew asleep in his car. He was waiting for his girlfriend, who lived in the complex, to get off work. But Steven never got to tell his story. That’s because, when Aufdenkamp and Dyess woke him (with guns drawn), they got spooked and fired 22 rounds at Askew — from behind. Nine bullets struck Steven in the back and neck, and he died. The cops first told investigators that Askew had shot at them but changed their stories when it turned out that a gun on the floorboard (which Askew had a permit for) had not been fired, and didn’t even have fresh fingerprints on it.

Aufdenkamp and Dyess needlessly shot and killed a man who committed no crime. He wasn’t resisting arrest. He wasn’t speeding. He hadn’t even run a stop sign. He was sleeping in his car and probably awoke with a start when officers tapped the window, a response that cost him his life — killed for the crime of sleeping in his car while Black.

Of course, the incident was “investigated,” but even after the lies the officers told investigators were revealed, District Attorney Amy Weirich declined to press charges, saying it would be too difficult to prove the officers committed a crime.

Right. A civil court saw it differently and awarded Askew’s parents $587,000 in damages. But no crime was committed. Nope. Just a teensy mistake by a couple of hard-working MPD officers.

Aufdenkamp had, at the time, a checkered incident history, with several run-ins with the public. Now we learn that Dyess, seven years after pumping numerous bullets into an innocent Black man, is a racist who posts white supremacist crap on Facebook. He needs to be relieved of duty immediately — which is unfortunately seven years too late for Steven Askew.

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Report Reveals Conflict in Officer Accounts of Steven Askew’s Death

Steven Askew

Memphis Police officers Matthew Dyess and Ned Aufdenkamp changed their stories about what happened the night the pair shot and killed 24-year-old Steven Askew on January 17th, 2013, according to documents obtained by the Askew family attorney.

According to a witness statement from Memphis Police officer Christy Drew, who filed the police report on the scene that night, Aufdenkamp informed her that “he noticed a weapon in [Askew’s] lap. Officer Aufdenkamp then advised that the man pointed the weapon at him and fired a shot. At that point, the officers returned fire.”

The officers later alleged that Askew simply pointed his gun at them and that no shots were fired. A later investigation found that Askew never fired a weapon that night, according to Howard Manis, his family’s attorney in a civil rights claim against the city.

On January 17th, 2013, Aufdenkamp and Dyess responded to a loud noise disturbance call at an apartment complex in Southeast Memphis. After they were unable to locate the source of the loud noise, they drove to another nearby complex — the Windsor Place Apartments. That’s where Askew was sleeping in his car in the parking lot, waiting for his girlfriend to return home.

The officers later testified that they saw Askew sleeping in the car, and they stopped to investigate whether or not his vehicle was the source of the noise, but there was no music coming from his car (and the noise complaint had come from a completely different complex). The officers approached Askew’s car and shined their flashlights in his windows. When he didn’t wake, they tapped on the window. That’s when the officers claim they saw a gun in Askew’s lap and proceeded to point their weapons at Askew. Both officers allege that Askew then pointed his gun at them, but their statements conflicted as to which hand Askew held his gun with. And the newly produced documents show that the officers told Drew that Askew fired his gun. 

The officers fired 22 shots, and Askew was hit nine times — six times in the back, two in his arms, and one in the back of his neck. 

That witness statement from Drew, which demonstrates a conflict in the officers’ account of what happened, was originally withheld from Askew’s attorney. Manis made an open records request to the city of Memphis and the Shelby County District Attorney’s Office after being hired by Askew’s family. Drew’s statement was not included in the materials produced by the city, but it was included in the files from the DA’s office. Manis said the city finally produced the statement on May 21st of this year, two years after the shooting and the Memphis Police Department’s (MPD) internal investigation that cleared Dyess and Aufdenkamp of wrongdoing.

Officers Ned Aufdenkamp and Matthew Dyess

“It’s obviously information that we feel like we should have been provided at the very beginning,” Manis said.

Drew was recently deposed by Askew’s attorney, and she testified that, indeed, one of the officers told her that Askew fired multiple rounds at them before they returned fire and killed him. Drew testified that she never requested that Askew’s weapon be checked to see if it had been fired or to be tested for fingerprints. She also testified that she had casual, off-the-record conversations with with Dyess and Aufdenkamp that night when the two admitted that they were no longer certain Askew had fired a weapon. Yet Drew failed to include that information in her report.

Dyess and Aufdenkamp were relieved of duty during an MPD internal investigation in January 2013, but they were reinstated the next month. Aufdenkamp’s personnel file revealed a long history of performance problems and citizen complaints on his behavior. Askew’s family filed a lawsuit alleging a civil rights violation against their son, and that case is ongoing.

“We are trying to wrap up discovery. We’ve had a great deal of witnesses deposed, and we’re moving forward,” Manis said.

The MPD did not respond to multiple requests for comment on this story.