Independent Progressive
By John Lovaas/Reston Impact
Producer/Host
#In August 2013, a Fairfax
County Police Officer shot and killed unarmed John Geer as he stood in his
doorway talking to police. There were many civilian witnesses, including
family, to the SWAT team killing. Yet, 14 months later, the shooter has not
been identified and there has been no explanation for the killing by either the
police, the Board of Supervisors which oversees them, the Commonwealth
Attorney, or the U.S. Justice Department to which this case was referred for
investigation. In Fairfax County, it has been routine in the 74 years since the
Board of Supervisors created the Police Department for officers to kill
citizens without apparent justification and not be held accountable to anyone
but themselves for doing so. The Geer case is only the most recent example.
#John Geer’s family, some of
whom were eyewitnesses to the shooting, has been remarkably patient, waiting 14
months so far for completion of the official investigation and explanation as
to how and why it was the unarmed, non-threatening Mr. Geer was shot to death.
Finally, their patience ran out. They have filed suit against the police and
the county demanding justice — a full explanation, accountability for those
responsible, and $12 million for their incredible loss.
#No county officer has ever
been charged with wrongdoing for killings in the line of duty. Nor has any
killing been investigated by anyone except fellow officers. The police and
county have been sued by families of the dead, but to date Fairfax County has
opted to pay seven-figure settlements with our tax dollars rather than go to
trial or lift the iron veil of secrecy.
#And, the Board of Supervisors,
to whom the police nominally report, has inexplicably failed to hold them
accountable.
#I do, however, see signs for
hope the Geer case may be different. Why should I, a known pessimist, think
there is a chance to break the perfect record of non-accountability to the
people who pay the police to protect them? Here are some possible reasons.
• #Police employed a heavily armed SWAT team arrayed like a
firing squad for this domestic dispute raising the question of excessive force;
• #Unlike many police killings, there were many civilian
witnesses to this one;
• #Police left the badly wounded man to die;
• #The Commonwealth Attorney, usually a rubber stamp for the
police, declared an unspecified “conflict of interest” and referred
investigation of the shooting and shooter to the Justice Department which has
to date remained silent;
• #The Board of Supervisors suddenly has shown an interest
in this case. Chairman Bulova sent a letter to the U.S. Attorney expressing
concern about the delay; and,
• #The Geer family, which is suing county police, says they
will not settle for cash, and wants a trial to force police to explain fully
the circumstances.
#Of course, the police and some
who advise the Board of Supervisors will resist genuine accountability to the
people of Fairfax County. So, it will be an uphill struggle. But, at least two
supervisors (one Democrat and one Republican) are acknowledging they favor new
approaches, such as the creation of an independent civilian review board.
#Seventy-five percent of U.S.
jurisdictions the size of Fairfax County already have them and they generally
work well, renewing community confidence in their police and finding very few
officers abusing their lethal power once there is oversight.
#Seventy-four years without
accountability for using lethal force is more than long enough. Think about it.
It is hard to believe that any officer drawing his or her gun is not aware that
there is no penalty for miscalculation and unjustified use of it. That is a
very scary proposition. But how can it be otherwise after 74 years?