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Council Committee Approves Capitol Investigation

Tyler Merbler | Wikimedia | Creative Commons

United States Capitol, 2021


A Memphis City Council committee passed a resolution Tuesday requesting an investigation of any public safety employees involved in the Capitol insurrection on January 6, 2021.

The resolution asks Memphis Mayor Jim Strickland’s administration to “develop and present a plan to the council” revealing those employees and creating a “process to ensure former city of Memphis public safety employees re-hiring status reflects participation in [the] U.S. Capitol riots.”

The council’s public safety committee gave a near-anonymous approval of the resolution with only council member Worth Morgan voting against it. The resolution is sponsored by council members Michalyn Easter-Thomas, Martavius Jones, J B Smiley, and Dr. Jeff Warren.

The resolution comes as “several sworn police officers from departments across the nation now face federal criminal charges as a result of their participation in the insurrection,” it reads. That becomes important, it says, to further “address concerns about the need for increased oversight and accountability within public-safety-based departments, especially in light of 2020’s international call for reform within the criminal justice system.”

“I think we need to amend the resolution in the first recital to say the Memphis City Council hereby requests the director of Police Services to investigate whether any city of Memphis employees, based upon evidence provided by FBI of such participation in the U.S. Capitol riot,” said council member Chase Carlisle. “We don’t need to get sued.”

Jones suggested including the Secret Service and other federal agencies to the groups providing evidence. Council members expanded the resolution to legitimate evidence from citizens who may have captured the event.

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MPD Officer Charged With Kidnapping and Murder

A Memphis Police Department officer has been arrested and charged with First Degree Murder following the kidnapping and murder of a Memphis resident. Former MPD officer Patric Ferguson made an initial court appearance by video Monday where he was charged with first-degree murder, first-degree murder in perpetration of aggravated kidnapping, abuse of a corpse, and fabricating and tampering with evidence. He has been employed by the MPD since 2018.

The saga began last week when Memphian Robert Howard, 30, was reported missing by his girlfriend, who has not been named by the Memphis Police Department. Howard had been missing for 24 hours before his girlfriend attempted to find him using an app to trace his cellphone location. Upon finding his phone but not him, she filed a missing person’s report to the MPD.

MPD investigators concluded that the victim was taken from his home by Ferguson while on duty, then forced into the back of a squad car. He then drove Howard to the area of Frayser Boulevard and Denver Street before killing him.

Joshua Rogers, 28, was also found to have helped Ferguson dispose of the body following the murder of Howard. He has been charged with Accessory After the Fact, Abuse of a Corpse, and Fabricating and Tampering with Evidence. His bond has been set at $25,000, while Ferguson has yet to have a bond set.

MPD Director Michael Rallings was disappointed at the discovery and vowed that Ferguson’s actions are not reflective of the organization as a whole.

“No one is above the law. Knowing that a Memphis Police Officer, someone who took an oath to protect and serve, made the decision to commit this horrific crime is devastating. His actions were not that of a law enforcement officer and should not reflect on his fellow officers.”

The Howard family has set up a gofundme page to help cover the funeral expenses.

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Domestic Violence Rises During Pandemic

Shelby County Crime Commission

The Shelby County Crime Commission announced a sharp increase in domestic violence aggravated assaults during the months of May, June, and July.

Data released by the Memphis Police department showed a 21 percent increase throughout Shelby County. May was exceptionally bad, with the month showing almost a 30 percent increase in reported domestic violence aggravated assaults.

Shelby County Crime Commission

Though not explicitly stated by the Shelby County Crime Commission, it was inferred that quarantine conditions could have led to an increase in domestic violence calls. Prior to nationwide lockdown efforts, domestic violence aggravated assaults in Shelby County had been down almost 7 percent for the year.

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Operation LeGend Hopes to Curb Violent Crime in Memphis

Thursday Afternoon United States Attorney D. Michael Dunavant announced Operation LeGend will be expanding into the City of Memphis.

Operation LeGend is a sustained, systematic, and coordinated law enforcement initiative in which federal law enforcement agencies work in conjunction with state and local law enforcement officials to fight violent crime.

U.S. Attorney D. Michael Dunavant

“The most basic responsibility of government is to protect the safety of our citizens,” said Attorney General William P. Barr. “Today, we have extended Operation Legend to Memphis and St. Louis, two cities experiencing increases in violent crime that no resident of those cities should have to accept as part of everyday life.”

The move will lead to 40 federal investigators from the FBI, DEA, ATF, and Homeland Security Investigations Unit being deployed in the city, 26 of which will remain in Memphis for the foreseeable future.

The federal investigators will be working with ongoing investigations through the Multi-Agency Gang Unit, the goal of which is to combat violent gangs, gun crime, and drug trafficking organizations.

The Bureau of Justice Assistance has also pledged $200,000 to support Operation LeGend’s violent crime reduction efforts in the city of Memphis, in addition to a prior grant award of $1.4 million to Shelby County to help bolster their law enforcement infrastructure.

Memphis has experienced a significant increase in violent crimes over the year with homicides in the city up 49 percent since 2019. The Shelby County District Attorney General stated that Memphis has a “public health crisis” as well as a “public safety crisis.”

“In the midst of a public health crisis, we are dealing with a public safety crisis. This help from our federal partners will mean justice for more families devastated by all of this violence. For that I am grateful. But for lasting change, we need the community to do more. We need a coordinated community reaction to the disturbing number of murders —- to the number of children we have buried. We need everyone to do their part to combat the growing number among us who embrace violent behavior.”

Operation LeGend began following the murder of 4-year-old LeGend Taliferro early on June 29th. Operation LeGend was first launched in Kansas City on July 8th and has expanded to Chicago, Albuquerque, Cleveland, Detroit, St. Louis, and Milwaukee.

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Memphis Black Lives Mural Defaced

A Black Lives Matter mural painted on the ground at Health Sciences Park has been painted over.

The large yellow mural, created June 24th near the spot where a Nathan Bedford Forrest statue once stood, mirrored those painted on streets across the country in recent weeks.

Memphis Police Department (MPD) did not immediately respond to the Flyer‘s inquiry about whether or not the mural’s defacing will be investigated, as well as if it is considered a hate crime.

Two California residents are now facing hate crime charges for their role in painting over a Black Lives Matter mural in Contra Costa County.

Van Turner, executive director of the nonprofit Greenspace that owns the park, said he committed to restoring the mural. 

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Nonprofits Call Out Officials’ Non-Response to Demands on Equality, Justice

A Black-led coalition of nonprofit leaders called out elected officials Monday morning for failing to take “tangible” action to address systemic inequalities and racial injustice.

At a press conference in front of Memphis City Hall, the heads of local nonprofits reiterated the demands in an open letter that the coalition sent to elected officials earlier this month.

The letter urged officials to take steps to address police brutality, over-policing, poverty wages, education, and systemic racism.

[pdf-1]

“While a few have responded with language of good intentions, no one has hit the mark,” said Sarah Lockridge-Steckel, CEO of The Collective Blueprint. “Many haven’t responded to the demands at all.”

Lockridge-Steckel said the coalition is still awaiting a detailed response from the Memphis City Council, the Shelby County Commission, Shelby County Mayor Lee Harris, Memphis Police Department (MPD) Director Michael Rallings, Sheriff Floyd Bonner, and District Attorney Amy Weirich.

Lockridge-Steckel said the group’s demands fall into three key areas. The first relates to over-policing, police brutality, and police accountability.

“Policies are a small piece of this work, especially when we have Memphis police officers on camera violating their own policies,” Lockridge-Steckel said of officials’ recent commitment to following “8 Can’t Wait” policies.

Lockridge-Steckel also said that the promised investment in the Civilian Law Enforcement Review Board (CLERB) “likely amounts to less than $100,000,” noting that Nashville invests $1.5 million a year into its civilian review board.

“We appreciate the city adding CLERB subpoena powers to its legislative agenda for next year, but in the meantime we demand that Mayor Strickland and MPD director Michael Rallings provide access to the records requested by CLERB so that CLERB can serve its purpose,” Lockridge-Steckel said. “The public must have transparency.”

The group is also urging the city council and MPD to develop a process to share data on violations within the police department and the actions taken as a response.

“Most immediately, we demand the officers that use excessive force at recent protests are held accountable,” Lockridge-Steckel said. “Lastly, a great concern was the non-committal response by Director Rallings about dropping the charges of protesters. We renew our call that all charges be dropped against people who are exercising their First Amendment right to a peaceful protest.”

The second area of demands relate to economic justice and creating a city “where everyone can thrive,” Lockridge-Steckel said. “We can’t say we care about poverty, that 50 percent of our children live in poverty in our city today, and not be willing to address the wages and jobs our people have.”

The coalition is asking that the Greater Memphis Chamber track data on how much corporations are paying and “how they are treating their employees.”

Additionally, the group is urging the Chamber, along with the city and county, to issue a living wage pledge, asking corporations to pay living wages and ensure temporary employees have benefits and health insurance.

Finally, the group demands a reprioritization of the city’s and county’s budget: “We ask the city and county to renew its investments in education, from tech education to arts education.”

Additionally, the group is calling for an end to “predatory practices,” such as “exuberant court costs.”

“All we have heard is silence,” Lockridge-Steckel said. “We demand that we move toward participatory budgeting processes.”

Lockridge-Steckel notes that the city’s police budget “continues to grow.” MPD recently received a $9.8 million grant from the Department of Justice that Lockridge-Steckel said should go toward crisis intervention and community health solutions.

“We need solutions that speak to the needs of our communities,” she said.

Natalie McKinney, executive director of Whole Child Strategies, said it is the responsibility “as nonprofit leaders, to hold our city and county officials accountable for protecting and serving its people.”

“We must make them commit to acting in favor of equity, in favor of justice, and in favor of transparency to everyone they hope to represent,” she said “We want them to act responsibly, to rely on accurate and transparent data and proven practices, but to also move swiftly and deliberately toward a new agenda for Memphis.”

McKinney said the group will continue to apply pressure to elected officials to “drive this work forward.” The coalition will do that by creating task forces to address economic equity, criminal justice reform, and budget accountability.

“This is just the beginning,” McKinney said. “We ask for allies to stand with us in this movement. And as allies, we are asking you to recruit and to lift up an authentic voice of your Black and brown community members. Too often lawmakers and policymakers drive forward with ideas targeting these communities without ever hearing any real input from the people that would have the lived experience.”

Finally, McKinney asked that the public reach out to elected officials and urge a response to the coalition’s demands.

“We cannot let more lives be lost to violence, to poverty, and to systemic racism,” McKinney said. “It is our hope that in four years rather than lamenting the same challenges, we are celebrating the results of these changes.”

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Officials Outline Steps Toward Police Reform

City officials laid out steps to reform the Memphis Police Department Thursday, June 25th, assuring the community that it is committed to change.

Memphis Mayor Jim Strickland said his administration has been meeting with clergy and other community leaders over the past four weeks to discuss ways to improve the Memphis Police Department (MPD).

Alex Smith, chief human resource officer for the city, said the deaths of George Floyd and Breonna Taylor at the hands of law enforcement have led city officials to “continue to push further to ensure that Black lives matter.”

“As we have met with clergy and concerned Memphians, we understand that there’s a strong desire for change to policing in Memphis,” Smith said. “And as an administration, we agree that change must happen.”

As a result of the meetings, Smith said the city has identified “swift and immediate action that we can take to improve outcomes for MPD and the citizens that we serve.”

Those actions include:

• MPD updated its policies to include the sentiment of “8 Can’t Wait”

• Made improvements to the Civilian Law Enforcement Review Board (CLERB), including enhancing communication with the public, providing training for CLERB members and staff, and reviewing the request for members to have subpoena powers

• Started posting board opportunities on the city website

• Began discussions with the Memphis Police Association to look for opportunities to strengthen language in the memoranda of understanding between the city and association to ensure that officers will be held accountable when using excessive force

• Looking to partner with community activists to improve implicit bias, cultural awareness, and cultural diversity training for MPD officers

“We know this is just the beginning,” Smith said. “It’s the beginning of a longer journey, but we are committed to change, committed to Memphis, and committed to seeing this through.”

MPD director Michael Rallings said he understands the frustration that citizens are feeling and realizes “the importance of transparency and accountability as we reform law enforcement nationwide.” He continued saying that he “believes in reimagining law enforcement.”

“We are committed to making changes that will aid in building trust among citizens and among law enforcement,” Rallings said. “We have been called upon to follow the ‘8 Can’t Wait.’ Many have heard about it and we actually started reviewing ‘8 Can’t Wait’ in 2016 long before this became an issue.”

Regarding the “8 Can’t Wait” policies, Rallings said the department already bans chokeholds, requires de-escalation, requires warning before shooting, follows a use-of-force continuum, does comprehensive reporting on its use of force, and exhausts all alternatives before shooting. Additionally, the department recently updated its policies to require officers to intervene and report if another officer is using excessive force.

MPD also bans shooting from vehicles, another “8 Can’t Wait” policy. However, Rallings said it is allowed when deadly force is authorized.

After requests from the community, Rallings said MPD has also banned no-knock warrants.

“I just want to assure and reassure Memphians that we are listening and we are moving forward,” Rallings said. “We cannot stand idle and we must continue to work together.”

Strickland said the discussion and work around police reform “is not over” and that the city will “continue to work every day to do better and to be better.”

“We’ve made an intentional decision to go through all our policies and procedures to see where we can improve,” Strickland said. “Second, we will create some means to broaden the discussion in terms of people and topics so that more people can contribute with their ideas and on the topics which they want to be heard.”

Strickland said the city will solidify plans for further discussion in the next week.

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Strickland Says He Opposes Defunding Police Department

Brandon Dill

Mayor Jim Strickland

Memphis Mayor Jim Strickland said Wednesday he is against defunding the Memphis Police Department.

As the national conversation about defunding police departments heats up, Strickland released a statement expressing his stance. Here is what the mayor had to say:

“I’m opposed to defunding our police department,” Strickland said. “Over the last four and half years, we’ve increased funding to libraries, community centers, made summer camps free, created Manhood University, W.O.W.S, and the Public Service Corps for those who need second chances, and came up with a way to fund universal needs-based pre-K, but we still have more work to do.

“With our city’s fight against violent crime, I believe cutting funding from the Memphis Police Department is unwise. And frankly, it’s out of touch with the majority of city residents. The New York Times completed a poll recently, and it showed that only 1 percent of Americans favor defunding the police.

“For context here locally, last year during my campaign the number one issue with Memphis voters was crime, and the overwhelming majority of citizens were supportive of hiring more officers, and voted to increase the taxes they pay to do it.”


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Council Committee OKs Resolutions on Police Transparency, ‘8 Can’t Wait,’ Rallings’ Successor

Memphis City Hall

Despite technical issues and frequent streaming lapses, a Memphis City Council committee advanced three items that focus on police reform at its online meeting Tuesday.

The first is a resolution sponsored by Councilman JB Smiley Jr. that aims to increase the transparency of the complaint process for the Memphis Police Department (MPD).

The executive committee voted unanimously in favor of the resolution, which specifically calls for the public safety section of the city’s data portal to be expanded to include all complaints of excessive force and misuse of body cameras, including a timeline of the investigation into the complaint.

The resolution also calls for the administration to access the feasibility of expanding the portal to include these complaints.

Smiley said the city has the “information and infrastructure” to include this information free of charge.

“Making this information available is about transparency and access,” Smiley said. “It’s about a fundamental change to reduce violence between citizens and law enforcement.”

MPD director Michael Rallings said the department might not currently have the technology to fulfill this request and that there might need to be an investment in new technology before it can.

“We want to do whatever you want,” Rallings said. “We just want to make sure we know exactly what you want.”

Councilman Worth Morgan said he is “all for” the resolution: “I love me some good transparency.”

However, Morgan said the details of the resolution need to be hashed out so the council can “hone in on exactly what we are asking for.”

Councilwoman Cheyenne Johnson, moved to amend the resolution to include the fire department as well.

The committee recommended the amended resolution for approval.

The council also advanced a joint resolution between the council and the Shelby County Commission requesting that MPD and the Shelby County Sheriff’s Department adopt the “8 Can’t Wait” use-of-force reduction policy.

The policy was created by Campaign Zero, an anti-police-brutality advocacy group, to be implemented by law enforcement agencies in order to reduce and prevent violent encounters.

The eight principles of the policy include: banning chokeholds and strangleholds, requiring de-escalation, requiring a warning before shooting, exhausting all alternatives before shooting, intervening and stopping excessive force by other officers, banning shooting at moving vehicles, requiring use-of-force continuum, and requiring comprehensive reporting each time an officer uses force or threatens to do so.

According to the Campaign Zero website, MPD already practices three of the eight principles, but according to Rallings, four of the policies are currently in place.

Those include the ban of the chokehold, as well as requiring de-escalation, warning before shooting, and use-of-force continuum.

Rallings added that MPD just issued a new policy Tuesday on officers’ duty to intervene.

Morgan told the council that “on the face of it, some of these seem good,” but that he has questions about some of the policies, naming the ban of shooting from vehicles as an example.

“I can think of a lot of circumstances where it would be appropriate and help safeguard lives more than anything,” Morgan said. “A classic example would be Charlottesville, where at a peaceful protest a white supremacist decided to weaponize his vehicle and drove it through the crowd.”

Rallings is expected to return to the council on Tuesday, June 16th, to present the departments existing adherence to the “8 Can’t Wait” policies.

Martavious Jones withdrew a resolution that would ban the use of chokeholds by public safety officers after Rallings explained that chokeholds, except when an officer is fighting for their life, are already prohibited under MPD policy and state law.

The last resolution recommended for approval, sponsored by Michalyn Easter-Thomas, calls for Memphis Mayor Jim Strickland to form a community task force to assist in the selection of a new MPD director. Rallings announced last year that he plans to retire in April 2021.

All the resolutions, with the exception of Jones’ chokehold item, will be voted on at the full council meeting on Tuesday, June 16th.

Read the resolutions below.

[pdf-1]

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City Council Looks to Expand Police Transparency, Plan for MPD Director Rallings’ Succession

Brandon Dill

Michael Rallings with crowd during protest

Joining the national conversation about police reform, the Memphis City Council is set to hear four items related to police transparency, use of force, and de-escalation this afternoon (Tuesday).

The first is a resolution sponsored by Councilman JB Smiley Jr. that would increase the transparency of the complaint process for the Memphis Police Department (MPD).

The resolution specifically calls for the public safety section of the city’s data portal to be expanded to include all complaints of excessive force and misuse of body cameras, including a timeline of the investigation into the complaint.

The second resolution sponsored by council members Smiley, Michalyn Easter-Thomas, and Martavious Jones, is a joint resolution between the council and the Shelby County Commission, requesting that MPD and the Shelby County Sheriff’s Department adopt the “8 Can’t Wait” use-of-force reduction policy.

The policy was created by Campaign Zero, an anti-police brutality advocacy group, to be implemented by law enforcement agencies in order to reduce and prevent violent encounters.

Campaign Zero

The eight principles of the policy include: banning chokeholds and strangleholds, requiring de-escalation, requiring a warning before shooting, exhausting all alternatives before shooting, intervening and stopping excessive force by other officers, banning shooting from vehicles, requiring use-of-force continuum, and requiring comprehensive reporting each time an officer uses force or threatens to do so.

Jones is also introducing a resolution that would ban the use of chokeholds by public safety officers and create a system for reporting when they are used.

The last resolution, sponsored by Thomas, calls for Memphis Mayor Jim Strickland to form a community task force to assist in the selection of a new MPD director.

The council will discuss these items in its executive session today (Tuesday) at 1 p.m. See the full text of the resolutions below.

[pdf-1]