Greater Lafayette police agencies open to idea of more citizen input on investigations of officers

LAFAYETTE — Body-worn cameras changed the way police investigate complaints of officers' conduct, but those investigations are still done by other police officers without public oversight or input.

It's a sticking point for some Lafayette-area protesters, who raised the issue during protests here earlier this month.

“These are the things that I do think cause a lack of trust in police departments,” Lafayette Police Chief Pat Flannelly said earlier this week when asked about officers investigating complaints against other officers.

These internal investigations leave too many blanks for people to fill in, he said.

On Jan. 20, for example, there was a Lafayette officer-involved shooting. The officers were cleared at the conclusion of the police investigation and a prosecutor review. 

In that incident, Lafayette police released the body camera footage and police reports to the public because no one was prosecuted, Flannelly said.

But on April 21, Lafayette police had another officer-involved shooting. This time, the man who was shot — Trevor Bowie — survived and faces charges. Since Bowie is being prosecuted, police will not release the videos or their investigative evidence that cleared the officers of any wrong doing, Flannelly said.

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This leaves the public having to trust the police investigation conclusions pending a jury's decision on the allegations against Bowie.

“We need transformative reform,” Shalamar Armstrong said during a June 7 protest outside of the courthouse.

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Armstrong is pastor at Word of Life Fellowship in Lafayette and is a Purdue agronomy professor.

“It’s going to take outside accountability,” Armstrong said. “I know we already have a citizens group that serves in order to inform the police department. However, it’s hand-picked. It does not look like our community. Therefore, it cannot speak for all points of view.”

Flannelly, West Lafayette Police Chief Troy Harris and Tippecanoe County Sheriff Bob Goldsmith said they were open to discussing public input in the police investigation of allegations against officers. 

However, Flannelly contended that a citizen on a police shooting review board would have to have experience and understanding of the law and police work, as well as an understanding of police policies.

Ironically, there is a police distrust of the public that might participate in shooting reviews or complaint investigations against officers.

“We’re to the point now where everyone, I think, is given the presumption of innocence, except the police,” Flannelly said. “It’s hard to argue with what we watched in Minneapolis. That was just disgusting.

“Not every case is like that.”

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What happened in Minneapolis was a police brutality incident on May 25 that resulted in the death of George Floyd, an unarmed black man.

Video from citizens showed Minneapolis police Officer Derek Chauvin's knee across the back of Floyd's neck and Floyd telling the four officers pinning him to the ground that he couldn't breath.

All four officers have been fired and face charges. Chauvin faces second- and third-degree murder charges.

Citizens of Minneapolis made 18 complaints against Chauvin during his 19-year police career and received two letters of reprimand, according to news accounts published on the Pioneer Press' website, twincities.com.

Police typically do not publicize internal investigation into complaints against officers.  

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Flannelly, Harris and Goldsmith said if their investigations indicate misconduct, they discipline the officer.

This might range from a corrective measure, such as a letter of reprimand, or additional training to suspension or termination.

Flannelly said police chiefs can suspend an officer up to five days. Any suspension longer than that requires the approval of the civil merit commission, a citizen based oversight of police departments.

Indiana open record laws require a public agency to release the factual circumstances for any employee who is disciplined.

In today's investigations, body cameras give insight into whether the complaint has merit.

“Our officers wear body cameras," Harris said. "Every complaint is investigated to the utmost extent.”

But those investigations are done by other police officers on the same department.

What about including citizens on that investigation process?

“Maybe that’s something we discuss," Harris said, adding that any citizen would need to understand the difficulties of policing and the law.

“If you’ve never been a police officer, you don’t know understand what it is to be a police officer," he said.

Conversely, Harris added, "If you’ve never been a minority, you don’t know what it is to be a minority.”

Goldsmith said, “The reports, at least on our agencies, that have been made about our officers acting inappropriately have been unfounded.”

Like other agencies the sheriff's office investigations of complaints are done by deputies and are not open to public input or oversight. They also rely heavily on body cameras.

Goldsmith said he has invited people who complained about deputies to watch the body camera video. No one has taken him up on the invitation, he said.

"If there’s something found, we take action on it,” he said.

During public presentations, Flannelly asks the audiences why they believe police wear body cameras.

“It will keep them from doing wrong. It will keep the police officer … honest,” Flannelly said, quoting the common response from the audience. “The underlying presumption is that outside of the camera, the police will misbehave.”

The cameras actually are to protect officers from unfounded complaints, he said.

“We’re doing the right things, and we know that, and the cameras protect us,” Flannelly said.

Contributing: Dave Bangert/J&C. Reach Ron Wilkins at 765-420-5231 or at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.