Fear Factor

I thought this was pretty solid advice. So I'm offering it up for your review.

Any thoughts?? 

As a regular writer on police matters, I am in the crosshairs of many critics. Reactions to any pro-police piece on social media range from personal threats to insults to proud displays of the critic’s ignorance. 

One such comment claimed, “to shoot somebody all an officer has to do is say they were scared”. 

Versions of that claim are repeated, often along with the lament over what the critic thinks a “warrior mindset” is that creates aggression and paranoia among police officers.

Being afraid is never a justification for force or aggression. A fear that is rational, defensible, and articulable is a lawful and valid reason for the caution shown by officers.

My first “man with a gun” call sent a cold chill through my body. I was with my training officer. I don’t even remember what came of the call, I just remember how it affected me physically. I looked over at my trainer who hadn’t let me even drive the patrol car yet. He was as cool as a cucumber as he hit the lights and siren.

Of all the things I had to learn during my training as a rookie, dealing with fear was probably the most important thing. I had to learn the difference between courage and fearlessness. Good judgment does not come with fearlessness. I once had a college intern riding with me. On the first night of his ride-along, we responded to a burglary alarm at a small manufacturing facility. 

As I positioned my patrol car strategically to observe the south and west sides of a fenced enclosure around the facility to wait for a second unit to cover the other sides of the building, my intern spontaneously jumped out of the passenger seat, ran across the parking lot, and jumped over the fence, presumably to catch a burglar. Was he fearless? Yes. Was he stupid? Yes.

Courage only exists in the face of fear otherwise it is merely fearlessness which is cluelessness at its best and suicidal at its worst. What then is the role of fear in policing and when does it operate? The simple answer to the question of when is: always.

Although we think of fear as an emotion, it is a complex change in body chemistry triggered by the brain’s perception of a threat. That perception is based on experiences in life gleaned from living and learning. Those experiences are so embedded in the memory that all kinds of cues to that memory can trigger the body’s fear response. An amazing array of body chemistry alterations happen in response to a perceived threat.
The threat doesn’t have to be an exact replication of a previous dangerous experience. A parental lecture about the hazards of driving in the rain can create a life-long fear response in a driver on a rainy day. 

Even a precursor to rain such as a darkened sky, gust of wind, or a change in air pressure can cause the brain to alert the body to the threat of wet pavement. The response could be extra caution, slower speeds, a heightened awareness of other traffic, or even a decision not to drive at all. That is the value of fear. 

A police officer’s training and experience will result in multiple fear alerts resulting in a constant high level of threat awareness. They know that officers have been assaulted by all kinds of people in all kinds of situations. Officers have been attacked and killed stopping to help a stranded motorist, checking on someone’s well-being, and on the most minor of calls from jay-walking to shoplifting. Critics have no understanding of the variety of situations that pose a threat to law enforcement officers. Officers know that they will be assaulted at some point and want to avoid the delay that surprise creates in taking defensive action. Imagine that you have been given the job of cleaning out several hundred old gym lockers. In the process, you come across one occupied by a rattlesnake! Now imagine the same assignment with the information that one of those lockers has a rattlesnake in it.

To an onlooker, the locker cleaner might look foolish as they approach each metal door slowly and carefully, wondering if this is the one with the snake. But to the person checking each of those units, that caution is quite sensible and might save their life! Likewise, an observer might question why an officer approaches with a hand on their weapon, or stays behind cover making verbal commands, or chooses to gather a few facts before rushing into a building. It is a prudent response to training and experience that protects the officer, the public, and even a suspect.

This is the courage that police officers must have. Not fearlessly charging into a situation, but courageously facing dangers known and unknown every day.

Local Paper: CMPD Officers Face No Charges in Fatal Shooting

Mecklenburg County’s district attorney has decided two Charlotte-Mecklenburg Police Department officers were legally justified in fatally shooting Kevin Eugene Boston last summer after he pointed a gun at the officers who identified him as a suspect in a nearby Food Lion theft. 

Boston, 45, exchanged fire with the officers in June, District Attorney Spencer Merriweather on Tuesday confirmed in releasing a 42-page report (Which can be found Here) of his office’s findings. That review included information from interviews with the police officers, an investigation by the State Bureau of Investigation, and a review of body camera footage. 

The DA’s report says one of the officers fired first at Boston, conflicting with previous statements from the police department that the officers were returning fire. 

Officers Erik Torres and Richard Meyer found Boston on a sidewalk near the Food Lion on Tuckaseegee Road where he’d reportedly flashed his gun at an attendant while leaving the store without paying for his items. Someone at the store called 911 about an armed robbery, CMPD said.

Torres first approached Boston on the sidewalk and pointed his gun at Boston while yelling “hands,” according to body cam video described in Merriweather’s report. Meyer told Boston to put his hands up while both officers pointed their guns at him. 

He had two grocery bags, dropped them, and pulled a gun from around his waistband, Merriweather wrote. 

Merriweather’s report says Boston refused police commands to drop his weapon, swung his gun as he walked past one of the officers, and raised the gun and pointed it “in the direction of” Meyer and Torres even after he was shot. Earlier in the encounter, Merriweather’s report says, Boston had briefly pointed his gun at himself, holding it under his chin. 

That prompted Meyer and Torres to take cover behind their patrol cars. 

Meyer, who has worked for CMPD since 2005, said he thought Boston was going to shoot himself when he held his gun to his chin, but as Boston lowered the gun, Meyer ran for cover.

Boston began walking away from the officers with his gun still in his right hand, according to the report. Torres told Boston to drop his gun before shooting toward him, according to body camera footage. Boston raised his gun while Torres continued shooting, the investigation found. 

Boston died later at the hospital. 

The autopsy report shows Boston died of six gunshot wounds. 

Boston’s family called him “KK.” He was a family man, they said. One who cared for his three teenage children as a single father. When he died, they said, police did not notify them of his death. CMPD maintains they notified family the day he died. 

CHARLOTTE POLICE SHOOTING 

Some details provided by Torres to investigators following the shooting were unclear, the DA’s report shows. For instance, the report states “Officer Torres could not recall whether he or (Boston) shot first, but he heard glass shatter from (Boston’s) gunfire. He could not remember whether he fired before hearing the glass shatter.” 

Meyer, who fired two shots at Boston, also said he did not know at the time whether Boston or Torres shot first. 

The DA’s report says: “Officer Torres fired additional rounds, and the decedent turned and faced Officers Torres and Meyer and extended his right arm with his gun pointed toward the officers, the video shows.” 

Torres, who worked for CMPD since 2017, fired 11 shots, the investigation found.

“He fired his shots in rapid succession; saying he shot two to three times rapidly, reassessed and fired again. He fired 11 total rounds, but he only knew that after doing a round count with the SBI,” according to the DA’s report. 

Boston fired a total of six rounds toward the officers, the SBI found. 

Meyer shot at Boston twice after gunfire was exchanged between Boston and Torres, according to the findings. 

“No available evidence in this case would enable the State to prove to a jury beyond a reasonable doubt that Officers Meyer and Torres did not act in defense of themselves or another,” Merriweather wrote. 

He said the intent of his review was to examine whether the officers’ actions “were unlawful in the incident leading to the death of Kevin Boston.”

CP's Take: Wow eight months for the Mecklenburg County DA to clear these two Officers? 

Then the Mecklenburg DA goes on record with “No available evidence in this case would enable the State to prove to a jury beyond a reasonable doubt" in other words the case against the Officers wasn't strong enough"? 

Then the local paper runs the above story which paints the Officers actions as questionable. "The DA’s report says one of the officers fired first at Boston, conflicting with previous statements from the police department that the officers were returning fire."

Seriously Unfuckingbeliveable!  

No wonder CMPD is down 400 Officers and cant recruit a full class!

Rea Road / Elm Lane Rezoning Nightmare

Anyone who commutes into the SouthPark area daily from Union County (Waxhaw/Marvin/Weddington) area knows the traffic nightmare caused by Waverly on Providence. Many of those commuters now use Rea/Colony to get to work both Uptown and at SouthPark. 

The Gillespie Property zoned R-3 is the final holdout from development in an area that was once nothing more than Southern Mecklenburg County farmland.

The nearly 55-acre site has remained basically unchanged for the last three decades as Charlotte grew around it. Since the 1988 Calvary Church, The Shops at Piper Glen, TPC Piper Glen Golf Couse and the 815 homes and condos that surround the course have been built.

Now a developer wants to add more than 1100 rental units and towering apartment buildings. (Rezoning Petition 2022-121)

Charlotte City Council has a history of making really bad zoning choices. Steele Creek, W. T. Harris, Waverly on Providence and countless other approvals based on developers empty promises have been approved in the past with godawful results.

Accordingly, the Charlotte City Council will likely approve the zoning change for the Gillispie Property as they continue their efforts to build on the concept of density saturation that they have implemented across the city.

Yet current residents will suffer in ways that many will not understand until it is too late. 

Councilmembers will voice their belief that change is inevitable and taxpayers should expect and embrace this change. However, Piper Glen and other nearby property owners have the reasonable expectation that the character of their neighborhood will remain unchanged, and that the property zoned R-3 single family will remain zoned single family and not abruptly, on some misguided social agenda, become a towering multifamily rental complex.

Beyond the traffic, crime and congestion there’s the wear and tear on city streets that Charlotte can’t seem to handle now. Charlotte Solid Waste Services struggles to keep up with the current demand, delays are frequent and sometimes the catch-up of missed routes in South Charlotte goes on for several days.

CMPD has only two officers within the 30 square mile South Division 3 available at any given time. The US Postal Service is often forced to deliver mail in the 28277-zip code well after 7 PM because they don’t have enough staff. The streets are dirty, litter is everywhere, and potholes are as common as are panhandlers claiming to be homeless on every street corner.

Duke Energy has random power outages weekly in the area. The electrical grid is so fragil that it it like living in a third world country.

CMS students in South Charlotte are housed in temporary trailers that have been on site for 20 years.  In short, the area doesn’t have the infrastructure to handle the increase in traffic and residents.

The wildlife that calls this area home includes beavers, coyotes, and an abundance of deer, racoons, opossums, who have adapted to the incursion of suburbia admirably. However, it is doubtful that the Great Blue Heron rookery that exists just across Elm Lane will be as lucky. The pair of American Bald Eagles who have called Piper Glen home for the last two decades are also in jeopardy, as the development will come within 1000 feet of their home and completely destroy one of their preferred fishing ponds.

It is unconscionable to expect the area to “adjust” to greed and ignorance only to support council’s growth at any cost agenda. The property should remain zoned R-3 and be developed as a complement to Piper Glen and not another overcrowded group of concrete towers built in the name of progress and affordable housing.

Piper Glen is 850 acres with 815 homes and condos that's 1 home per acre. The developer and David Gillespie want to build 1,100 units on 53 acres more than 1/3 is wetlands. Thats a 2000% increase over the current area's character and that's nuts.

Northlake Mall Shooting Again! G-Star Edition

On Sunday MEDIC and CMPD said they were responding to reports of a shooting near the mall just before 2 p.m. 

The around 2:45 p.m., MEDIC said they were treating two patients with non-gunshot-related injuries and no gunshot victims were found at the scene.

Police said a dispute between two people outside of the DTLR led to a single shot being fired.

However, no one was struck by gunfire, according to police.

Police also told local media that mall security was on duty at the time of the shooting, however, they were not near the location where the incident occurred.

After the shooting incident he mall was evacuated and closed and would remain so for the rest of the day.

On Monday, CrimeStoppers circulated photos of three African American suspects involved in a shooting incident. One wearing a "G-STAR" hoodie.

Less than two months ago, the mall was closed early after a fight between two people ended in gunfire. Two people were shot, including a bystander. Three people were arrested. In March 2021, a juvenile was charged with the attempted murder of another youth following a shooting inside the mall.

The Mall has been in receivership since 2021 and was expected to be sold this week but those plans have been put on hold.

The Mall released the following statement regarding this recent shooting:

 “The safety of our guests, tenants, and employees is our highest priority. As you are aware, our security teams are on site 24/7; we work closely with our partners in law enforcement and are prepared to respond to a variety of events. While specific details of our security plans are not publicized, most are visible to our guests and shoppers while other measures are behind the scenes. Thank you to both our security detail and the Charlotte-Mecklenburg Police Department for their ongoing preparedness and professionalism. If you have any questions on this specific incident, please reach out to the Charlotte-Mecklenburg Police Department.”

“Northlake Mall does have a Youth Supervision Policy that states all visitors age 17 and under must be accompanied by a parent or supervising adult at all times age 21 years or older on Fridays and Saturdays after 3 pm…you can refer to our website shopnorthlake.com for more information.”

JJ Speaks About CMPD

 The following is an OP-ED by CMPD Chief Jennings that appeared in the Charlotte Observer on Thursday:

It is no secret. Police departments and law enforcement agencies across the country face ongoing challenges due to an industry-wide officer shortage. 

The Charlotte-Mecklenburg Police Department is no exception. We are down nearly 250 officers and we are currently experiencing a record number of retirements. 

We continue to get creative with our strategic efforts to recruit new officers, retain current officers as well as build up our civilian support staff who are so critical to our mission. 

The Police Executive Research Forum surveyed local law enforcement agencies regarding staffing, hiring, retirement and resignation trends among officers from 2019-2021. The nationwide officer shortage is supported by the key findings in the report:

▪ Down 4% in hirings in 2021 compared to 2019 

▪ Up 43% in resignations 2021 compared to 2019

▪ Up 24% in retirements in retirements 2021 compared to 2019 

Our profession has faced a multitude of challenges from COVID-19, a perfect storm of “baby boomer” retirements and “the great resignation,” to high turnover rates due to public perception of law enforcement after media coverage of high-profile police shootings and violent interactions. 

Although incentives are certainly helpful and competitive salaries are critical, it’s simply not enough. At what point do we look at the deeper, systemic challenges our officers face that change the impact of our work and ultimately affect our duty to protect and serve?

As violent crime rates increased in some U.S. cities over the last few years, CMPD saw year-over-year violent crime decreases, which we accomplished with fewer officers, fewer prosecutors and an exploding population. 

The data confirms that our work is making a difference, but at what cost? 

We continue to be challenged with strategizing how we can do more with less. 

Our 911-call response times are not where we want them to be, and we’ve been very transparent about that. 

In 2022, our 911-telecommunicators answered almost 1 million calls for service, an increase from 2021 which was accomplished with close to 20% fewer telecommunicators. 

Despite having fewer officers’ year over year, we have seen a 7% increase in arrests, an 8% increase in gun seizures, and a 5% decrease in violent crime. 

I’m certainly proud of our CMPD employees and their work, but I do not say any of this to be boastful. 

We are just learning to be as efficient as possible with the staff that we have. 

However, that is not a sustainable method for any organization, especially one responsible for the safety of a community. 

I know we have outstanding men and women within CMPD who are committed to keeping all of our citizens safe. Despite the challenges we have seen in the past few years, I commend those who have remained in the profession as well as those who have joined. As a young man out of college, I had no interest in becoming a police officer and even scoffed at the idea when recommended by a long-time friend. 

I can only imagine if the perception of policing back then was what it is now, I would have passed up on a noble and honorable profession and a wonderful career. 

Our challenge continues to be overcoming the narrative that police put on their uniform each day trying to figure out how they can harm people, specifically people of color. Imagine how difficult it is to convince anyone, much less minority candidates to join the profession when there is so much public scrutiny and controversy. 

This profession is bigger than any one of us, and when an officer violates the very laws we are sworn to uphold or mistreats someone they encounter, it impacts each and every officer across the country. Whether you believe this to be fair or not, it is the reality we face today. The impact is not just on our sworn employees, but also our non-sworn employees who are so vital to our profession. 

We are working tirelessly to recruit and retain the best men and women to be a part of the Charlotte-Mecklenburg Police Department. But it is going to require additional incentives, budget considerations and bold legislative changes within our systems. 

Changes that will not only encourage our existing employees who are working diligently to keep our community safe, but changes that also provide inspiration for people to enter the law enforcement field. 

Because I know without a doubt, this is still the greatest profession in the world and it is an immense privilege to serve at the best police department in the nation. Johnny Jennings is Chief of the Charlotte-Mecklenburg Police Department, which employs more than 1,900 sworn officers, 500 civilian employees and 500 volunteers.

Repeat Violent Thug Demont Forte Released Again!

No one is surprised that Demont Forte has once again been arrested for assaulting a woman. 

Nor is anyone surprised that the Mecklenburg County Courts and liberal judge Jennifer Fleet would once again release this POS back on the streets of Charlotte.

You might recall Mr. Forte's brutal attack on a driver back in 2021 and then another arrest in 2022. (Both cases were dropped by Mecklenburg County DA Spencer Merriweather last years).

Now it seems the local mainstream media has discovered that this is normal within the 26th judicial district and they have now zeroed in on Demont Forte.

From WBTV - The Mecklenburg County District Attorney and Charlotte Mecklenburg Police Chief have voiced their frustrations regarding low bonds set for violent offenders.

47-year-old Demont Forte was arrested Tuesday (January 31, 2023), facing charges of assault by strangulation, felony stalking, assault on a female, assault with a deadly weapon, and assault on a government official.

Judge Jennifer Fleet set his bond at $5,000, releasing him back onto the streets two days after his arrest. (Actually he was released less than 24 hours after his arrest).

Forte has previously served time in prison and has a slew of arrests on his record, dating all the way back to 1994 when he was convicted of manslaughter.

In recent years, court records that show he’s repeatedly faced charges of violent crimes against women.

“Those are serious offenses, but the most concerning part about this is that he was out of jail for having done the same thing to the same victim previously and was on an ankle bracelet when this occurred,” Daniel Redford, President of the Charlotte-Mecklenburg Fraternal Order of Police, said.

Redford said it’s time for a change to bond policies in Mecklenburg County.

Just since 2020, Forte has been in and out of the Mecklenburg County jail at least six times, arrested for crimes including assault on a female and assault with a deadly weapon with intent to kill.

Records show he was released on bond within days of his arrest each time.

Redford worries about the message it sends to police, victims, criminals and the community as a whole.

“Come to Mecklenburg County. Our jail cells are open,” he said. “There’s no real protections in place when a violent crime has occurred to ensure that these offenders are where they need to be.”

Police Chief Johnny Jennings has been vocal on the issue, discussing solutions just last month.

“We increase the accountability, have a better structure and take away some of the ambiguity that’s held in the magistrate’s office,” Chief Jennings said.

Until that happens, Redford says they will continue to fight.

“When you look at the totality of what this individual has done and the chaos he has inflicted, I think that there is no other reasonable outcome then for him to remain in jail pending the outcome of his court case,” he said. (Redford should have said cases)

In a statement, a spokesperson for the Trial Court Administrator’s Office told WBTV:

In response to your inquiry about Demont Forte and about bond determinations for specific pending cases involving the individual, judicial officials in the 26th Judicial District cannot comment on pending litigation or answer questions about specific criminal cases or decisions.

We can, however, share information regarding bond determinations and pretrial release, generally. The 26th Judicial District operates according to the U.S. Constitution, North Carolina Constitution, North Carolina General Statues and Local Rules.

The 26th Judicial District continues to work with local law enforcement agencies and the District Attorney’s Office to ensure judicial officials have the necessary information to make informed decisions about bond determinations and conditions of pretrial release.

Under the Eighth Amendment to the Constitution of the United States and Article I, Section 27 of the Constitution of North Carolina, excessive bail shall not be required. Most of the relevant statutory bail provisions are in Articles 24 and 26 of Chapter 15A (Criminal Procedure Act) of the North Carolina General Statutes. Please note that there is no statutory authorization for preventative detention in North Carolina.

Article 26 contains G.S. 15A-534, which addresses procedures for determining pretrial release conditions. G.S. 15A-534 provides that, in granting pretrial release, the judicial official must impose a written promise, custody release, or unsecured bond “unless he determines that such release will not reasonably assure the appearance of the defendant as required; will pose a danger of injury to any person; or is likely to result in destruction of evidence, subornation of perjury, or intimidation of potential witnesses.” Because a secured bond is not forfeited for any reason other than failure to appear, imposition of a secured bond cannot function to protect against injury or prevent the destruction of evidence, subornation of perjury or intimidation of witnesses unless it results in detention.

In addition to the factors outlined in G.S. 15A-534, please refer to the 26th Judicial District’s Bail Policy for how decisions are made regarding bail and pretrial release conditions. Judges are independent officials who rely on the information presented during court hearings to make decisions. You may also find it helpful to refer to bail policy information on Mecklenburg County’s website. Additionally, since 2014, the 26th Judicial District has been engaged in bail reform efforts as part of the Safety and Justice Challenge. You can find more information regarding the specific initiatives and efforts in Mecklenburg County at the Safety + Justice Challenge website.

CP's Take regardless of the court administrator's legalese oration the fact is that had Forte been arrested in Gaston County and not appeared before liberal lawyer who could not make it in private practice like Jennifer Fleet, Mr. Forte would still be in jail and well on his way to a long prison term in Raleigh. 

We must accept that some people are beyond redemption and they should be permanently incarcerated. Mr. Forte has proven that he has no place in society and while we wish otherwise not doing so will find that we eventually arrest this man for a another homicide. 

By the way if you voted for Jennifer Fleet back in November you are part of the problem.