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Nantucket police response faulted
By
Aaron Gouveia
[email protected]
July 20, 2008 6:00 AM
NANTUCKET - Adeane Watty is still haunted by memories of the Nantucket police arresting him last summer.
Watty, 18, was one of the eight people involved in an altercation with a seasonal officer who had asked the group of black youths to move from their location on the sidewalk.
Watty and his friends defended their right to be in a public place and a heated argument ensued. That's when Watty said he was eventually attacked by a half-dozen officers who smashed his face into the pavement, stepped on the back of his neck and reinjured his surgically repaired knee.
"I was just trying to figure out what was going on," Watty said. "They just attacked me."
This week, the police department released a 300-page report detailing its internal investigation of the Aug. 8 incident.
The report lists 16 findings, including one that states the "takedown" of one of the teenagers "was not appropriate and was excessive," as well as seven recommendations regarding future police department protocols and policies.
The report also states that none of the officers "exceeded their lawful authority during this police response" and "the officers also acted permissibly with the bounds of Nantucket Police Department regulations."
Boston attorney Steve Rhones, who represents the teenagers involved, said its likely a lawsuit will be filed against the town seeking damages for the individuals involved.
"There's a very good chance a suit will be filed because excessive force was used on these young black kids and there were injuries," Rhones said. "Their constitutional rights have been violated, and it's been conceded. We'll sue for damages, and the bottom line is how much money they're going to agree to compensate these youngsters."
The report describes the verbal altercation between seasonal officer, Taylor Noll, 26, and one of the teenagers in front of the former Pronto restaurant, which escalated into a confused and disorganized police response to the Broad Street area by as many as 16 full-time and summer officers who initially detained three young men not involved in the original altercation.
The incident ended with the arrest of Nicholas Phillips, 18, who was the one among the group of teenagers that initially argued with Noll, as well as Watty, who allegedly pushed or struck an officer as he protested the way his cousin was being treated by police while he was being detained.
Phillips was subsequently charged with assault and disorderly conduct, while Watty was charged with assault and battery on a police officer, disorderly conduct and resisting arrest. The charges were dropped and the matter dismissed in October 2007 by assistant district attorney Tom Shack.
In what the report calls a "cryptic" radio message from Noll, the police dispatcher and others reported hearing "Broad Street now!"
"None of the officers checked with the dispatcher or verified the nature of the radio call," the report states. "There were at least 16 full-time and summer officers all heading to Broad Street with no real idea of what they were responding to."
After Noll called for backup, the teens fled the scene on their bikes, and they encountered a police cruiser on Oak Street next to the Dreamland Theater. It was there that three of the individuals in the group, Terrence Johnson, 13; David Loveberry, 17, and Troy Sullivan, 16, were all told to stop and "get on the ground" by officers, and were subsequently forced to the ground by several responding officers.
One of those officers, Brian Ketchem, took Johnson to the ground, a move which ended with the teenager suffering a separated shoulder.
Johnson's mother Sharon Liburd said she is not satisfied with the police department's internal report, and is engaged in a civil lawsuit against the department.
"That (the report) is damage control and these changes being implemented will not fix anything," Liburd said. "This has taken an emotional and mental toll on these kids and I still can't believe it happened."
The report also addresses the allegation that Noll used racially-charged remarks toward the group of teenagers during the initial verbal altercation. The report does state that Noll admitted to using profanity during the verbal altercation.
Material from the Nantucket Inquirer Mirror was used in this story
REPORT FINDINGS
The final recommendations for the police department contained within the report include:
All officers should receive diversity training.
Summer special officer training should be enhanced to include situational scenarios and methods to de-escalate volatile encounters.
All officers assigned to desk duty should receive training on how to effectively manage resources in responding to incidents.
All officers should receive training on the proper collection of witness information, statements, and use of proper field interview procedures.
The assignment of a patrol officer as officer in charge should be reviewed and curtailed. Meanwhile, those patrol officers who are assigned should be thoroughly familiar with their responsibilities as officer in charge.
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