Tag: Steven Askew

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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.

Categories
Letter From The Editor Opinion

Protesting the Protestors

As a journalist, my first instinct is always to wait for all the facts to emerge before passing judgment on incidents such as the one that occurred last week, where Memphis police officers shot and critically wounded Martavious Banks after a routine traffic stop. But this officer shooting does not look good. Cops don’t turn off their body and dash cameras unless they’re trying to hide something. If officers are following protocal and doing the right thing, they want the evidence to validate their actions. The officers — still not identified as of this writing, a week later — were relieved of duty and the TBI was called in to investigate the incident.

In the immediate aftermath, angry relatives and friends of the victim were joined by other protesters and took to the streets, chanting “F—k the police!” among other epithets. Some protesters lay on the pavement and got arrested. Emotions ran high. Video coverage of the event was widely available from several local news outlets.

The following day, Commercial Appeal 9:01 columnist Ryan Poe stirred the pot, though he may not have intended to: “Standing on the parkway in the clammy Memphis heat, the protest felt familiar,” he wrote. “The faces were mostly the same. After well-known activist Keedran Franklin and Shelby County Young Democrats Human Rights Coalition chairwoman Theryn C. Bond yelled in officers’ faces, officers barricaded the parkway and closed Airways. Activists and officers dutifully took up their positions on either side of the barricades. They’d done this before.”

Poe’s column drew heat the following day from the likes of Wendi C. Thomas, Rev. Earle Fisher, and others who pointed out that Poe lacked standing to second-guess the protestors since, as a white person, he’d never had to experience the kind of incident Banks’ family, friends, and supporters were dealing with. Poe held his ground, tweeting: “There’s too much hate and too few solutions at some of the recent protests in Memphis. It’s time to put anger to work.”

I get where Thomas, Fisher, and the others were coming from. I’m a white guy, with all the attendant privilege that comes with that in America today, so I can’t viscerally understand the rage and frustration of Banks’ family and supporters, and I wouldn’t criticize it. The protesters were angry because this incident seemed to be following the usual pattern: The cops involved weren’t identified. The case was being investigated by the TBI — essentially other law enforcement officers — and no information was being released to the public.

Two years ago in Memphis, Darrius Stewart suffered a similar fate at a seemingly routine police stop. Three years before that, Steven Askew was shot 22 times in the back in his own car when awakened by two Memphis police officers who claimed they saw Askew reach for a gun. I was personally acquainted with the Askew family, and I witnessed the rage, the frustration, and the tears — and the saddest funeral I’ve ever attended. Those cops got away with murder, in my opinion. The city paid a settlement to the family, but it’s little solace when your son is taken from you.

So, I don’t blame relatives, friends, and local activists for expressing their rage. These protests aren’t meant to shape national policy; they’re meant to show the MPD and city leaders that people are woke, and that their actions in handling this case had better be aboveboard.

But protesting is situational, which may be what Poe was trying to get at. If, for example, Colin Kaepernick had started screaming “F—k the police” when the national anthem began playing instead of kneeling, do you think his movement would have gotten anywhere? Do you think athletes all around the country would have followed his lead? Do you think that Nike would have lent its corporate clout to his movement? Kaepernick’s aim wasn’t to indict a particular police department; it was to raise awareness of the issue on a national scale. Taking a knee was simple, powerful, and effective.

The truth is, Kaepernick and the Memphis activists who hit the streets last week are after the same goal: stopping the shootings of young black men by police. One protest was local and targeted at MPD; the other is national and targeted at all of us. We should pay attention to both.

Categories
Letters To The Editor Opinion

What They Said …

CREDIT: Greg Cravens

Greg Cravens

About Jackson Baker’s post, “Council Votes Final Passage of Ordinance to Remove Forrest Statue” …

If the state somehow managed to keep the statue from moving, what would stop the city from building something that encircles the entire statue, blocking the view of it from all sides, some sort of architectural monument built over the existing one? That would be a fun thumb in the eye, if state law somehow kept the city from being able to relocate the statue.

GroveReb84

How about some kind of large art installation celebrating gay rights surrounding the old Wizard of the Saddle? Maybe with lots of leather …

Packrat

Watkins Overton was a noted segregationist during his time as Memphis mayor. No way we should have our “crown jewel park” named after him. May I suggest “Zoo Overflow Parking Park” as an adequate replacement name.

Midtown Mark

About Bianca Phillips’ post, “WMC’s Dave Brown to Retire” …

I will miss his calm approach to something everywhere else played to maximize anxiety. I hope his successors stand their ground to continue that approach.

Brunetto Latini

Good luck to Dave in his retirement. He will be sadly missed. He is a legend in Memphis. And Ron Childers will do an excellent job serving in Dave’s position. Many thanks to both of you.

Alina K. Kaiser

About Bianca Phillips’ story on the Steven Askew case, “Switching Stories” …

My question is: Why didn’t the cops run his plates and see what they could find out about the person in the car? I know from personal experience that a good-sized police department in Texas would not pull over anyone unless they could run wants and warrants on his car first. (I was the consultant called in to fix the wants and warrants problem.) That’s because they wanted to know if it was a person with no record, a dangerous criminal, if the car was stolen, etc., before they approached the vehicle. Had they done that, they could have determined he had no criminal record as well as a pistol permit, and maybe not banged on his window while he was minding his own business and sleeping in his car in a bad part of town.

He was found dead with a cigar in his hand, not a gun, and the last time I read about this, the gun was on the seat next to him, not in his lap. The cop who didn’t request that Askew’s gun to be checked to see if it had been fired, even after hearing the inconsistent statements from the cops, should not be investigating anything. The cops’ explanation has never passed the smell test, and still doesn’t. Maybe some day someone will write a book or make a movie about the Steven Askew case and get the attention it deserves.

GWCarver

About Alexandra Pusateri’s story, “Bus vs. Trolley” …

As chairman/founder of Citizens For Better Service, I have been a leading voice for bus riders for more than 22 years. While I do not dispute the argument of the Memphis Bus Rider Union on the subject of “buses vs. trolleys,” the trolley service is so inextricably tied to downtown Memphis that MATA has no other choice but to spend money on replacing trolleys. Without the trolley service, downtown Memphis will continue to suffer a financial crisis in which workers are laid off and businesses lose customers and will be forced to relocate or close.

MATA needs to streamline the current administration, cut administrative costs, and stay out of projects that have nothing to do with public transportation. MATA needs to listen to the concerns of bus riders, who are having a hard time understanding why MATA is investing millions of dollars in Central Station while they are riding on hot, overcrowded buses that take up to two hours to get to their destination.

Sadly, more funding for public transportation is not a top priority for the city or a major issue in this election season.

Johnnie Mosley

Correction:

In the Aug. 13th issue “Bus vs. Trolley” story, we printed that the trolleys cost $1.8 million. They cost $1.1 million. We regret the error.

Categories
News News Blog

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.

Categories
News The Fly-By

Ferguson Decision Brings To Mind Memphis Police-involved Shootings

CREDIT: Louis Goggans

Protests were organized across the country last week, following a Ferguson, Missouri, grand jury’s decision to not indict police officer Darren Wilson in the August killing of unarmed 18-year-old Michael Brown.

Some in Ferguson held peaceful protests. But others looted and vandalized local shops and burned buildings and cop cars. In other areas of the country, including Memphis, demonstrations in opposition to the decision remained peaceful.

Louis Goggans

A protester at the Ferguson solidarity demonstration in Memphis last week

On Tuesday, November 25th, more than 100 people gathered at the intersection of Poplar and Highland, holding signs and chanting. Jordan Brock, a 24-year-old University of Memphis student, was among the peaceful group of protesters. However, he said he didn’t feel like the local protest would bring change.

“I was under the impression that we were going to march somewhere to try to talk to some kind of public official [and] get some answers to prevent a Mike Brown [incident] happening in Memphis,” Brock said. “But no, it was just us with signs on the intersection making good chants every five minutes. I understand that everybody wanted to be a part of a movement, but there’s no point of doing that if you don’t know what you’re protesting about.”

On August 9th, Wilson, 28, reportedly stopped Brown and his friend Dorian Johnson as they walked down the middle of a two-lane street in Ferguson. While in his Chevrolet Tahoe police vehicle, Wilson requested the two get on the sidewalk. After an exchange of words, a tussle ensued in the SUV between Wilson and Brown.

During the struggle, Wilson’s weapon was unholstered and discharged inside his SUV, according to reports. After being grazed in the hand by one of the bullets, Brown reportedly ran away from Wilson, who pursued him.

But at some point, Brown allegedly stopped running, turned around, and charged toward Wilson, according to Wilson’s account of the story. Subsequently, Wilson fired 10 shots, several of which struck Brown in his head, chest, and right arm, killing him.

Despite avoiding indictment in the shooting, Wilson resigned from the Ferguson police department on Saturday. He attributed his resignation to being concerned about his continued employment jeopardizing the safety of colleagues.

Although locals have focused attention on Ferguson, numerous controversial police-involved shootings have taken place over recent years in Memphis.

Following the December 2012 death of Martoiya Lang, a police officer who was fatally shot while serving a search warrant at an East Memphis home, several people were shot by Memphis police officers.

Memphis attorney Howard Manis is the defense attorney for the families of two of those victims: 24-year-old Steven Askew and 67-year-old Donald Moore. Both families have filed lawsuits against the MPD and city of Memphis, alleging civil rights violations.

On January 11, 2013, Memphis police officer Phillip Penny fatally shot Moore with an assault rifle at his Cordova home. Penny alleged that Moore pointed a gun at him and several Memphis Animal Services employees who were there to serve an animal cruelty warrant.

A week later, on January 17th, Memphis police officers Ned Aufdenkamp and Matthew Dyess shot and killed Askew as he sat in his car in the parking lot of the Windsor Place Apartments. The officers shot Askew nine times after he allegedly pointed his handgun at them.

Manis said with police-involved shootings occurring locally as well as across the nation, it’s imperative for officers to receive additional training on how to handle people of all races during intense situations.

“We shouldn’t be afraid of the police, and the police shouldn’t be afraid of us,” Manis said. “No matter what the color of our skin, what neighborhood we live in, the way we dress [or] act, no one should make generalized assumptions about people and then act solely based on those assumptions.”

According to Memphis Police Department policy, “Officers shall use only the necessary amount of force that is consistent with the accomplishment of their duties, and must exhaust every other reasonable means of prevention, apprehension, or defense before resorting to the use of deadly force.

“Officers are authorized to use deadly force in self-defense if they have been attacked with deadly force, are being threatened with the use of deadly force, or has probable cause and reasonably perceives an immediate threat of deadly force. An officer can also use defense if a third party has been attacked with deadly force, is being threatened with the use of deadly force, is in danger of serious bodily injury or death; or where the officer has probable cause and reasonably perceives an immediate threat of deadly force to a third party.”

Categories
News The Fly-By

Wrongful Deaths?

On the night of January 11, 2013, 67-year-old Cordova resident Donald Moore ran for cover in his bedroom as he heard people forcing their way into his home.

Minutes before, a member of the Memphis Police Department’s (MPD) TACT Unit busted out a window of Moore’s home, throwing a flash-bang grenade inside. Other officers entered the back of his house, deploying additional grenades. Fearing for his life, Moore dialed 911.

Phillip Penny

“He is on the phone with 911 when Officer [Phillip] Penny shoots him,” said attorney Howard Manis. “He shot him with an M-4 Rifle three times at close range.”

Bullets from Penny’s assault rifle entered Moore’s neck, torso, and right shoulder, traveling into his chest and mortally wounding him. Penny would later allege that Moore pointed a gun at him and several Memphis Animal Services employees who were at his home to serve an animal cruelty warrant.

On behalf of the Moore family, Manis, along with attorney Jeffrey Rosenblum, has filed a $3 million wrongful death lawsuit against Penny, the MPD and its director Toney Armstrong, TACT Unit Commander Charles Morris, and the city of Memphis.

A week after Moore was shot and killed, 24-year-old Steven Askew fell asleep in his car at the Windsor Place Apartments on January 17th while waiting for his girlfriend to get off work.

Ned Aufdenkamp and Matthew Dyess

Two MPD officers, Ned Aufdenkamp and Matthew Dyess, noticed Askew asleep and, upon suspicion, approached the vehicle. The officers stated that as they got to the car’s window, they noticed a handgun in between Askew’s legs.

The officers tapped on the window while shining flashlights into the vehicle, awaking Askew. The officers stated they told Askew to raise his hands. Instead of complying with the requests, they allege Askew threw some “gang signs” before arming himself with the handgun and pointing it at them. The officers reacted by discharging their weapons, leaving Askew’s car riddled with bullet holes, nine of which fatally entered his back, arms, and the back of his neck.

Manis and Rosenblum are representing the Askew family, which has filed a wrongful death lawsuit amounting to $3 million in damages as well.

“We need to focus on what they did and their explanations and then determine whether or not those were part of a policy procedure or their deviations from that,” Manis said.

Officers Aufdenkamp, Dyess, and Penny were relieved of duty with pay during the investigation into their shootings. No criminal charges were filed against the officers, and the MPD’s homicide bureau declared both shootings justifiable. All officers remain employed with the department.

A month before the fatal shootings of Moore and Askew, MPD officer Martoiya Lang was murdered as she served a search warrant on December 14, 2012.

Manis questions whether there was additional training and counseling provided to circumvent problems that could arise as a result of the MPD being on “heightened alert” after Lang’s death.

In addition to providing both the Moore and Askew families with some relief for their loss, Manis said he hopes the lawsuits spark a change in how the MPD trains its officers on the appropriate timing to exhibit excessive force.

“These are two people who died at the hands of those who have been sworn to serve and protect, and neither were committing crimes,” Manis said. “One was in his home and the other was in his car, and now they’re dead. And they were killed as a direct result of police officer conduct.”

At press time, Manis was still awaiting a response from the defendants named in the lawsuits. The MPD did not respond to the Flyer‘s request for comment.

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News News Blog

Wrongful Death Lawsuits Filed Against City Of Memphis, MPD

Attorneys representing the family of slain Memphis resident Steven Askew have filed a $3 million wrongful death lawsuit against the city and several Memphis Police officers.

On January 17th of last year, 24-year-old Steven Askew was shot and killed by two Memphis police officers as he sat in his Ford Crown Victoria. Minutes before the shooting, Askew was asleep in his car awaiting the arrival of his girlfriend at the Windsor Place Apartments complex. Multiple residents have stated that Askew waited in his car for his girlfriend on a regular basis.

The police officers involved in the shooting, Ned Aufdenkamp and Matthew Dyess, noticed Askew sleep in his car and upon suspicion, approached the vehicle. The officers stated that as they got to the window of the car, they noticed a handgun in between Askew’s legs.

The officers tapped on the window while shining flashlights into the car, awaking Askew. The officers stated they gave Askew verbal commands to raise his hands. Instead of complying with the officers’ request, they allege Askew threw some “gang signs” before arming himself with the handgun and pointing it at them. The officers reacted by discharging their weapons. In the end, 22 shots had been fired, nine of which hit Askew in the back, arms, and back of the neck.

The incident led some to question whether or not the shooting was justified. It was later revealed that one of the officers involved, Aufdenkamp, had a past history of performance issues. It was also disclosed that Askew had a permit for the handgun in his car; ballistics tests determined that Askew’s firearm wasn’t discharged during the incident.

Under the representation of attorneys Jeffrey Rosenblum and Howard Manis, Askew’s family is suing the city along with both officers involved and Memphis Police director Toney Armstrong for $3 million in damages for the killing. View the Askew family’s complaint here

A week before Askew’s shooting, 67-year-old Donald Moore was fatally shot by an Memphis Police officer at his Cordova home on January 11th. The officer involved, Phillip Penny, said he shot Moore after he pointed a gun at him and several Memphis Animal Services employees who were there to serve an animal cruelty warrant.

Moore’s family has also filed a wrongful death lawsuit against the city, Penny (who also has a troubled past with the department), TACT unit commander Major Charles Morris, and Armstrong. The case is also being represented by Manis and Rosenblum. Similar to the Askew family, they’re seeking $3 million in damages. View the Moore family’s complaint here

None of the officers involved in the two shootings were prosecuted and remain employed with the department. Both of the fatal shootings took place a month after Memphis Police officer Martoiya Lang was killed while serving a search warrant on December 14th, 2012.

Categories
Opinion The BruceV Blog

Video of Steven Askew Shooting Scene Released

The video of what is apparently police officers on the scene at the officer-related shooting of Steven Askew has been released. As the Flyer has reported, Askew was shot in his car by two Memphis police officers, Ned Aufdenkamp and Matthew Dyess. Aufdenkamp has a troubled personnel file.

The official police reports states Askew was asleep and picked up his gun upon being awakened by the officers, who then shot him multiple times. Sources have told the Flyer the shots entered the car through the vehicle’s rear and passenger side windows, and that Askew’s seat was reclined.

After an investigation, the MPD cleared the officers of any wrong-doing. The Askew family is expected to issue a response to the investigation’s finding later this week.

The video is below. Aufdenkamp is the officer in the brown jacket, nearest the camera.

Categories
News News Blog

Officer Involved in Steven Askew’s Shooting Death Has Checkered Past

One of the Memphis Police Department officers involved in the shooting death of 24-year-old Steven Askew has a less-than-stellar personnel file.

Ned Aufdenkamp

  • Ned Aufdenkamp

According to his personnel file, Officer Ned Aufdenkamp was already on the Memphis Police Department’s radar for past performance problems and was submitted for the department’s Early Intervention Program in 2012.

On Thursday, January 17th, Officer Aufdenkamp and Officer Matt Dyess responded to a loud music complaint on Tyrol Court in the Aspenwood Apartments. Although they did not hear any loud music, they did notice a man, Steven Askew, asleep in a Crown Victoria. When they approached, the two noticed a handgun in Askew’s car. Aufdenkamp and Dyess then knocked on the windows and issued verbal commands to Askew, who, according to the officers, armed himself with his gun and pointed it at them. The two officers fired their weapons and Askew was killed. Officers Aufdenkamp and Dyess have both been relieved of duty with pay while the matter is investigated.

Among other things, Aufdenkamp’s file reveals four workstation complaints against him and seven reports filed by Aufdenkamp of citizens resisting arrest — including five within a three month period and some that involved the use of chemical spray and physical force.

“The supervisors were bothered by the frequency and proximity of the resisting arrests, the use of chemical spray, and the resulting injuries to either Aufdenkamp or the suspect,” the report reads. “Several complainants explained, in their own words, that they felt Aufdenkamp would intentionally ratchet up the level of pressure on the scene when it wasn’t necessary.”

On January 5th, 2012, Aufdenkamp was involved in a verbal altercation with a fellow officer on a traffic stop. According to the report, “the original conversation was with another officer, but Aufdenkamp interjected himself into the altercation and other officers had to stop between them to prevent it from escalating.”

Later that month, the Internal Affairs Bureau received a complaint that Officer Aufdenkamp was “rude and disrespectful” during a traffic stop and had “approached with his gun out.”

Aufdenkamp was then referred to the Early Intervention Program and placed on desk duty. In March of 2012, Aufdenkamp was ordered to attend Anger Management.

There are numerous other instances in which Aufdenkamp apparently did not follow protocol, failing to report when he bottomed out and disabled his patrol car in May of 2011, and leaving roll call to engage in what became a unreported domestic disturbance in September of that same year. In April of 2011, MPD received a complaint that Aufdenkamp stopped a violator and supposedly roughed him up, searched him for no reason, broke his rear windshield with a flashlight, and got on his loud speaker and said, “Speed up or I’m going to take your black-ass to jail.”

“The supervisors would like Officer Aufdenkamp to learn to use his verbal skills more effectively,” the report summary reads. “As a result of the Department Investigation, Aufdenkamp was temporarily assigned to the Precinct front desk because if he continues to generate complaints, he could be placed in an official non-enforcement status for up to six months, according to the rules of the Early Intervention Program.”

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Categories
Letter From The Editor Opinion

Letter From The Editor: The Execution of Steven Askew

Last Friday, Sylvia and Sterling Askew got the kind of call that every parent fears. It was from the Memphis Police Department, telling them that their son Steven, 24, had been shot and killed by police officers while sitting in his car. (Full disclosure: Sylvia is a secretary at the U.S. Public Defenders Office, where my wife works as an attorney.)

The Askews were not allowed to see their son’s body for several days, until an autopsy was completed. Nor were they allowed to see his car, which was impounded, pending an investigation by the MPD.

MPD Blue Crush training.

Steven Askew had no criminal record. He was a 2006 graduate of Wooddale High School. After high school, he graduated from an airplane mechanics school. He was employed full-time. He was in the habit of going to his girlfriend’s apartment complex and sleeping in his car until she got off work, which is what he was doing when he was shot. He had a permit to carry a pistol.

The Askews’ attorney conducted an investigation and found witnesses who said that police officers approached Steven’s car on foot from behind, then fired as many as 20 shots into the car. He also obtained a video taken by a resident of the apartment complex.

The police report states that the officers saw Askew point a gun at them, so they opened fire. Why Askew would have pointed a gun at police officers is unknown, though he may have been startled awake and reflexively reached for his weapon. Not too much is clear at this point.

But what is clear is the disturbing video, which shows 17 seconds of silence as officers approached the car after the initial fusillade of shots. It then appears to show the officers firing three more shots into Askew’s body.

If this is proper police procedure for the MPD these days, then we are in a lot of trouble. I know that police work is dangerous and thankless, and by no means am I condemning the job that the great majority of our officers do. This case, however, raises legitimate questions about whether proper police protocol was followed.

A copy of the video was turned over to the MPD, but the Askew family is asking that their son’s death be investigated by an outside agency, perhaps the U.S. attorney, TBI, or FBI. I think that is a reasonable and necessary course of action, particularly when — not if — this video goes public.

Bruce VanWyngarden

brucev@memphisflyer.com