Releasing names of officers in shootings a sensitive issue that widely varies
The Roanoke Times | March 3, 2016
By Amy Friedenberger
The Roanoke County Police Department reaffirmed Wednesday that it would not release the names of officers involved in the fatal shooting of a black teenager armed with a BB gun, stepping into the national issue of when — or even if — to disclose names during a public outcry for transparency.
After the killing of 18-year-old Kionte Desean Spencer on Friday night near the busy intersection of Brambleton Avenue and Electric Road in southwest Roanoke County, residents have called for the department to make the names public. Brenda Hale, president of the Roanoke branch of the NAACP, stood Tuesday afternoon near the spot where police shot Spencer and demanded the department disclose the officers’ identities.
Under Virginia public records law, police departments have discretion over whether to release information regarding officers. The Roanoke County Police Department has no formal policy on disclosing the names of officers, spokeswoman Amy Whittaker said Wednesday.
“The officers involved are essential to the investigatory process that is underway,” said a statement released Wednesday by the county. “There is no discernible benefit to exposing officers to unwarranted speculation while the facts related to the incident are yet to be fully known.”
It’s unclear if the names of the county officers will ever be released by the department. Police also have not said how many officers have been placed on administrative leave as a result of the shooting. Police Chief Howard Hall has said two officers struck Spencer with two bullets.
Friend says he gave BB gun to Roanoke County shooting victimOn the floor of Brandon Milliner’s bedroom, Kionte Desean Spencer saw something that caught his eye: a black BB gun.
Policies about releasing the names of police officers involved in shootings vary across the country. State laws differ. Some departments have written or unwritten policies. Sometimes police unions get involved.
The Roanoke Police Department generally has released names of officers involved in shootings in the past. Police spokesman Scott Leamon said the department does not have a formal policy on disclosing information about shootings or the names of officers involved.
“We take many things into consideration on the release of the officer’s name, and officer safety is one of them,” Leamon said. “Typically we have released the officer name after the officer has been notified that it will be released to the media, and the officer has had time to notify his or her family.”
One Virginia locality that does have a formal policy about releasing names is Fairfax County. But that policy is likely to change.
“There’s no rule book for this,” said Maj. Ed O’Carroll of the Fairfax County Police Department. “There’s no consistency among departments.”
The county’s policy currently says the department will release an officer’s name after the criminal investigation concludes and the commonwealth’s attorney gives a final word on charges.
But a revision is underway in response to an August 2013 incident in which an officer shot an unarmed man and the family couldn’t learn the name of the officer who killed him. Police finally released the name of the officer 16 months after the shooting, which was the subject of a lengthy investigation.
“We want to strive to get it out soon,” O’Carroll said. “We want to make sure we’re transparent with that information as public servants, but also protect the officer and his or her family with what dangers they may face.”
State laws that do address the issue often focus on officer safety.
Missouri law says police records that include names of officers can be withheld if they are “reasonably likely to pose a clear and present danger to the safety” of the officers.
In a 2014 California Supreme Court ruling, judges said local departments can only withhold the names of officers involved in on-duty shootings if there is specific evidence to show that disclosing the name of an officer would pose a safety threat.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the release of names prior to the conclusion of an investigation could increase the risk of outside interference that could compromise the integrity of the investigation or violate the procedural rights of the officers.
“These investigations take time to be done thoroughly and correctly, and with the full cooperation of the officers, witnesses and supervisors, and with the assistance of the commonwealth’s attorney,” Schrad said. “I would expect the department to release information to the public at that time.”
By Amy Friedenberger
The Roanoke County Police Department reaffirmed Wednesday that it would not release the names of officers involved in the fatal shooting of a black teenager armed with a BB gun, stepping into the national issue of when — or even if — to disclose names during a public outcry for transparency.
After the killing of 18-year-old Kionte Desean Spencer on Friday night near the busy intersection of Brambleton Avenue and Electric Road in southwest Roanoke County, residents have called for the department to make the names public. Brenda Hale, president of the Roanoke branch of the NAACP, stood Tuesday afternoon near the spot where police shot Spencer and demanded the department disclose the officers’ identities.
Under Virginia public records law, police departments have discretion over whether to release information regarding officers. The Roanoke County Police Department has no formal policy on disclosing the names of officers, spokeswoman Amy Whittaker said Wednesday.
“The officers involved are essential to the investigatory process that is underway,” said a statement released Wednesday by the county. “There is no discernible benefit to exposing officers to unwarranted speculation while the facts related to the incident are yet to be fully known.”
It’s unclear if the names of the county officers will ever be released by the department. Police also have not said how many officers have been placed on administrative leave as a result of the shooting. Police Chief Howard Hall has said two officers struck Spencer with two bullets.
Friend says he gave BB gun to Roanoke County shooting victimOn the floor of Brandon Milliner’s bedroom, Kionte Desean Spencer saw something that caught his eye: a black BB gun.
Policies about releasing the names of police officers involved in shootings vary across the country. State laws differ. Some departments have written or unwritten policies. Sometimes police unions get involved.
The Roanoke Police Department generally has released names of officers involved in shootings in the past. Police spokesman Scott Leamon said the department does not have a formal policy on disclosing information about shootings or the names of officers involved.
“We take many things into consideration on the release of the officer’s name, and officer safety is one of them,” Leamon said. “Typically we have released the officer name after the officer has been notified that it will be released to the media, and the officer has had time to notify his or her family.”
One Virginia locality that does have a formal policy about releasing names is Fairfax County. But that policy is likely to change.
“There’s no rule book for this,” said Maj. Ed O’Carroll of the Fairfax County Police Department. “There’s no consistency among departments.”
The county’s policy currently says the department will release an officer’s name after the criminal investigation concludes and the commonwealth’s attorney gives a final word on charges.
But a revision is underway in response to an August 2013 incident in which an officer shot an unarmed man and the family couldn’t learn the name of the officer who killed him. Police finally released the name of the officer 16 months after the shooting, which was the subject of a lengthy investigation.
“We want to strive to get it out soon,” O’Carroll said. “We want to make sure we’re transparent with that information as public servants, but also protect the officer and his or her family with what dangers they may face.”
State laws that do address the issue often focus on officer safety.
Missouri law says police records that include names of officers can be withheld if they are “reasonably likely to pose a clear and present danger to the safety” of the officers.
In a 2014 California Supreme Court ruling, judges said local departments can only withhold the names of officers involved in on-duty shootings if there is specific evidence to show that disclosing the name of an officer would pose a safety threat.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the release of names prior to the conclusion of an investigation could increase the risk of outside interference that could compromise the integrity of the investigation or violate the procedural rights of the officers.
“These investigations take time to be done thoroughly and correctly, and with the full cooperation of the officers, witnesses and supervisors, and with the assistance of the commonwealth’s attorney,” Schrad said. “I would expect the department to release information to the public at that time.”
