Police rough up Phoenix councilman checking on disabled neighbor

Phoenix councilman handcuffed at fire scene; police investigating
by Scott Wong and Michael Ferraresi - Mar. 19, 2010
The Arizona Republic
Mar. 21, 2010

The Phoenix Police Department's internal affairs unit is investigating an incident early Friday in which an officer threw City Councilman Michael Johnson to the ground and temporarily handcuffed him as the councilman tried to check on a disabled neighbor whose South Phoenix home was on fire.

Johnson, a former police officer and homicide detective, said in an interview Friday morning that he believed the police "abused their power" in the incident.

Later Friday, he also
At a news conference Friday morning, Police Chief Jack Harris and City Manager David Cavazos said they take Johnson's allegations very seriously and will take appropriate action once the facts are known. Harris said that he asked police department's Professional Standards Bureau to launch an investigation almost immediately after he was informed of the altercation.

Officer Brian Authement, 27, is a two-year veteran of Phoenix police assigned to the midnight shift at South Mountain Precinct. He was placed on paid administrative leave as the police department considers Johnson's allegation.

"These use of force issues are very, very serious issues, very serious allegations of misconduct," Harris said, "and we will investigate this allegation of misconduct the same as anyone else in our community that came forward and said that they felt they were not treated appropriately or that excessive force was used by officers in my department."

While Council member Peggy Neely said she respects law-enforcement officials who put their lives on the line every day, she and Councilman Michael Nowakowski called on Cavazos to hold an executive session – a closed-door meeting – on Monday to make it clear that the council will not tolerate abuse by police officers.

"I think this is a symptom of a larger problem, of the attitude of the way our police are allowed to operate," Neely told The Republic. "We're going to review how we got where we're at and push to make sure adequate change happens, and the decision of what happens is up to Mr. Cavazos."

At the press conference, a reporter asked if race played a role in the incident. Both of the officers involved were White and Johnson is the sole African American on the nine-member council.

City officials said it was too early to say if race was a factor. And Johnson, standing in the driveway of the charred remains of his neighbor's home, said Authement's actions were more of a concern than skin color.

Johnson worked for Phoenix Police for 21 years before he retired in the late 1990s. He patrolled South Phoenix as a young officer and went on to represent his largely Black and Latino district on Phoenix City Council.

Phoenix police Sgt. Trent Crump, Harris and other department leaders reiterated that internal affairs investigators would look at all aspects of the incident to determine whether Authement was within his legal rights or if he breached department policy.

"We have to know what the officer said and knew at the time before we can jump to any conclusions," Crump said.

Crump added that the department decided to place Authement on leave based on the heightened political pressure of the investigation. He said the department would consider moving the officer to another precinct.

"I don't believe the officer recognized the councilman," said Assistant Chief Jeri Williams, who oversees all patrols on the south side of the city. "The arresting officer perceived (that) the councilman wasn't doing what he asked him to do, but (the councilman) was told by Fire that he could speak to occupants of the residence."

The Phoenix Fire Department received a call at 4:07 a.m. that flames were coming from a single-family residence near 18th Street and Darrel Road, north of Baseline Road. The blaze, which gutted the house, was extinguished at about 4:34 a.m.

Somewhere within that time frame, Johnson awoke to lights and sirens and walked outside to investigate. He was told not to get near his neighbor's home but to stand in front of his own house, which he said he did. When a fire battalion chief arrived, Johnson said, he asked if he could approach the blaze two houses down. He said he was concerned about his neighbor's safety. According to Johnson, he was given permission by a fire official to move closer.

Phoenix Fire Battalion Chief Vertis Castleberry said Johnson had a brief conversation with a fire captain at the scene before he moved closer to his neighbor's house amid the chaos of the 30-minute firefighting effort.

Castleberry and the captain, who was behind the wheel of a battalion SUV, were primarily focused on listening to radio traffic as crews worked to put out the fire.

"He talked to (the captain) really briefly," Castleberry said. "As to what happened, I'd only be speculating. But what an unfortunate situation."

Authement and another officer were standing nearby as Johnson approached. According to the councilman's version of events, Authement began pushing him back with a hand to the chest. Johnson said he pleaded with the officer, saying he had permission from a battalion chief to be there and didn't understand why he was being pushed away. He said he was not confrontational.

"The other officer was calling (Authement) by his first name, telling him to calm down," Johnson told The Republic.

As Johnson pleaded his case and asked to see the officer's supervisor, he said, the officer told him, "That's not the way we do it out here," then threw him to the street face down and cuffed him.

"I was just trying to check on my neighbor. I wasn't interfering with anything," Johnson said.

Johnson, who is recovering from prostate surgery, was left in handcuffs for roughly 10 minutes until several other fire department officials approached and recognized him, prompting his release. When police asked him to stand, Johnson said he told them he could not because of his recent surgery.

"I am humiliated and in complete disbelief of what just transpired," Johnson said in his written statement, which was read by his chief of staff, Adora Lewis.

Mariama Thiam-Demba, 58, a neighbor who has lived in the area for more than 10 years, corroborated Johnson's version of events.

"He came out of his house to see what's happening in the neighborhood, and he was accosted by police. It's not right," Thiam-Demba said.

Johnson, who spent part of his police career covering the same precinct where he lives, later was joined at his home by Williams and Cavazos.

"I requested, and the chief requested, that we investigate what happened," Williams said.

Johnson said the incident has heightened his concern that occasional citizen complains about police misconduct might be well-founded.

"For years now, I have received calls from residents complaining about police harassment, abuse of power – and in some cases, brutality," he said in his formal statement. "I retired from the Phoenix Police Department and couldn't believe it. How could our police officers harass the very people they promised to protect and serve?"

"If this was any other resident, they would be in jail right now. And for what? Trying to be a good Samaritan and doing absolutely nothing wrong."