NY Legal: Furor in Rochester After Police Pepper-Spray Mother With Her Toddler!

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Furor in Rochester After Police Pepper-Spray Mother With Toddler
A woman accused of shoplifting was sprayed with a chemical irritant and knocked to the ground in front of her daughter, the latest altercation between the police and Black residents.


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A woman accused of shop lifting was pepper sprayed and tackled in front of her 3-year-old daughter by a police officer in Rochester, N.Y.Credit...Rochester New York Police Department, via Associated Press
By Sarah Maslin Nir
  • March 5, 2021Updated 7:53 p.m. ET
A Rochester, N.Y., police officer tackled and used pepper spray on a woman who had been accused of shoplifting and was with her young daughter last month, according to police body-camera videos of the episode that were released on Friday.

It was the latest in a series of violent altercations between officers and Black residents that have heightened racial tensions in the city.
The videos of the woman’s arrest threatened to further tarnish the reputation of police department that is already under fire for handcuffing and using a chemical irritant on a 9-year-old girl in January and for the death last of Daniel Prude, a Black man who died after officers put a hood over his head and pressed his head to the pavement.

“It feels like our officers are out of control,” Mary Lupien, a City Council member, said in an interview.
A bystander’s video of the woman's arrest, on Feb. 22, first appeared on Facebook the day it happened. But on Friday, the police released the officer’s body-camera footage and a video from a nearby security camera in response to demands from the city’s Police Accountability Board, which reviews misconduct.

Employees at a Rite Aid drugstore had called the police at about 4:30 p.m. that day after the woman refused to leave the store and knocked items to the floor, officials said. The body-camera video shows officers stopping the woman, who is holding her toddler, outside the store.
“Did you steal from that store?” one officer says to the woman. “Oh come on, they said you stole. What’d you take? Tell me the truth!”

The woman can be seen putting the tiny girl down and opening her purse to show the contents to the officer, the video shows. The officer demands that she wait while he speaks to store employees, but she runs across the street, gripping her child’s hand.

The officer catches her in the parking lot of a fast-food restaurant and knocks her to the ground as the child begins to scream, the videos show. A second officer arrives and carries the toddler several feet away. The woman gets to her feet and tries to grab the girl.

Then, footage from a nearby security camera shows, the first officer sprays the woman quickly in the face with pepper spray before taking her to the ground again and putting her in handcuffs. For a moment, the child is suspended between her mother and an officer before her mother lets go of her.
The child was not sprayed, officials said.

Cynthia Herriott-Sullivan, Rochester’s interim chief of police, said at a news conference on Friday that the episode was under investigation, but that it appeared the officers had followed department policies. The police, she said, “are authorized to the extent necessary to use certain tactics to get a person under control.”

Chief Herriott-Sullivan described the tussle over the little girl as the officer’s attempt to get the child out of harm’s way.
“They have taken the child to try to protect her and get her out of the way so she is not hurt,” she said.

Chief Herriott-Sullivan took over the department’s top leadership role after her predecessor, La’Ron Singletary, was fired amid allegations that he had participated in a cover-up related to Mr. Prude’s death.

Neither the woman nor the officers involved in the altercation were identified. One of the officers has been assigned to administrative duty, Chief Herriott-Sullivan said. The woman was charged with trespassing, the chief said.

Police officials said that the two officers were among a group that responded to a domestic violence call on Jan. 29 that led to the handcuffing and pepper-spraying a 9-year-old Black girl. Several officers who were involved in that episode have been placed on administrative leave; at least one was suspended.

The police chief’s efforts to play down the woman’s arrest rang hollow for some Rochester residents. The city was rocked by protests last summer after the circumstances of Mr. Prude’s death became public. That unrest returned briefly last week, when a grand jury declined to charge the officers in Mr. Prude’s death after an investigation by the attorney general.

Shani Wilson, the chair of the Police Accountability Board, said that the police had never informed the board about the February episode and that she had pressed for the release of the body-camera footage after stumbling across the bystander video on social media.

“How would we have even known?” Ms. Wilson said. “We are finding out about incidents in the public like everyone else and we are supposed to be the police reform board that is supposed to be changing how we police the citizens here. That’s not how this should work.”

In a statement, Mayor Lovely Warren described the videos as “disturbing.” She said the department was moving quickly on a police-reform plan ordered by Gov. Andrew M. Cuomo last year after protests erupted across the United States after the death of George Floyd and other Black people at the hands of the police.

“Change will not come until we have the ability to fully hold our officers accountable when they violate the public’s trust,” Ms. Warren said.
Andre Anderson, the city’s executive deputy chief of police, said the department was introducing new training initiatives that would address issues like “compassion fatigue,” among officers. Also in the works, he said, were new policies for when it is appropriate to handcuff children and the proper approach to detaining people with mental health problems.

Both Mr. Prude and the woman who was involved in the Feb. 22 altercation appeared to have mental health issues when they were being arrested, the police said.

“When we respond to a person in crisis, our priority is to help that person,” Chief Anderson said. “While we may have to get them detained, we need to get them help.”
 

Rochester police officer off streets after pepper-spraying woman with toddler
Incident is latest to raise tensions in New York city
Oversight chair cites previous incident involving Black mother
A Rochester officer struggles to subdue a woman suspected of shoplifting who tried to escape with her three-year-old child in her arms.
A Rochester officer struggles to subdue a woman suspected of shoplifting who tried to escape with her three-year-old child in her arms. Photograph: AP
Associated Press in Rochester, New York
Sat 6 Mar 2021 09.12 EST
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A police officer in Rochester, New York has been placed on administrative duty after using pepper spray on a woman suspected of shoplifting who tried to escape with her three-year-old child in her arms, authorities said on Friday.


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Video of the 22 February incident was made public at a time when the Rochester police department is under intense scrutiny over interactions with Black residents, including the death last spring of Daniel Prude.

Prude, a 44-year-old African American man, died after officers put him in a hood and held naked on a freezing street. Authorities said last month the officers involved will not face charges.

Body camera video of the latest encounter showed the woman, who is Black, running from a white officer who had stopped her in the street and told her she had been accused of stealing from a convenience store.

The officer chased the woman down the sidewalk, then struggled to subdue her while trying not to injure the screaming toddler. Another officer arrived and carried the child several yards away. A statement from police said the woman was pepper-sprayed during the arrest.

“The child was not pepper-sprayed or injured during the arrest,” the statement said.

The woman, whose name was not released, was charged with trespassing.

Police chief Cynthia Herriot-Sullivan told reporters on Friday the officer appeared to follow protocol but “some things to me aren’t as simple as whether a policy was followed or not”.

The city’s Police Accountability Board, an entity created by a 2019 voter referendum to look into allegations of police misconduct, said it saw “troubling parallels” with another emergency call in which officers pepper-sprayed a distraught nine-year-old girl they had handcuffed and placed in the back of a police car during a family dispute.

“Both incidents involved Black mothers,” PAB chair Shani Wilson said. “Both involved Black children. Both involved Black people obviously in crisis. Both involved officers using pepper spray on or around a Black child.”
 
Video Shows Rochester Police Tackling, Pepper-Spraying Black Woman in Front of Toddler
BY DANIEL POLITI
MARCH 07, 20217:06 PM
Police tape lines a crime scene after a shooting at a backyard party on September 19, 2020, Rochester, New York. Joshua Rashaad McFadden/Getty Images
Police in Rochester, New York are once again under scrutiny about the use of pepper spray after video released Friday shows police spraying the chemical irritant into the face of a Black woman who was holding the hand of her three-year-old child. “It feels like our officers are out of control,” Mary Lupien, a City Council member, told the New York Times.
The incident took place Feb. 22 and came less than a month after uproar over police pepper-spraying a handcuffed nine-year-old. Police body-camera videos released Friday shows how an officer confronted a woman who was carrying her child following a report of a shoplifter at a nearby Rite Aid. “Did you steal from that store?” an officer says to the woman. “Oh come on, they said you stole. What’d you take? Tell me the truth!”
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The woman denies she stole anything and opened her purse to show the officer. The officer tells the woman she needs to stay until the store employees can be contacted. But the woman starts running away with her toddler. The officer catches her and proceeds to tackle her to the ground to handcuff her all while her child can be heard screaming and crying. “I did not steal anything,” the woman repeated. A second officer arrives and takes the toddler and when the woman tries to grab on to her child again, an officer pepper-sprays the woman in the face before proceeding to tackle her again and putting her in handcuffs. Security camera footage shows how the child was at one point suspended in the air between her mother and the officer before her mother lets go. “Stop. Oh my God, what is wrong with her?” the officer who grabbed the child can be heard saying of the mother.

Although the toddler was not sprayed, officials warned that could have happened and raised questions about how officers handled the small child. “These disturbing incidents prove that the Rochester Police Department needs to fundamentally change its organizational culture,” the city’s Police Accountability Board said in a statement. “These incidents also affirm our community’s call to fundamentally reimagine public safety.” These latest pepper-spray incidents come after the Rochester Police Department was already facing outrage and scrutiny over the death last year of Daniel Prude, a Black man who died after police pinned him down and placed a “spit hood” over his head.
 
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