Resigning investigator criticizes police commission’s ability to review complaints against officers
Threet said he no longer believes the commission can be relied upon to reach a valid finding on allegations of officer misconduct based on an objective, unbiased view of the evidence.
The Richmond Community Police Review Commission’s Investigative and Appeals Officer has resigned, citing concerns about the commission’s ethical practices and its ability to impartially review complaints against police officers.
The officer, Jerry Threet, whose resignation will take effect on September 30, 2024, highlighted a series of developments in a resignation letter sent Tuesday. Threet said commissioners disregard evidence, making biased decisions, and failing to thoroughly review investigative materials before reaching conclusions.
“Sometimes, evidence is completely ignored, even when it is crucial to the questions at issue in the investigation, such as the officer’s state of mind at the time,” Threet wrote. “At times, commissioners have described the evidence in ways that are diametrically opposed to the actual facts in evidence.”
The Community Police Review Commission advises the city council, city manager, and chief of police on all matters pertaining to the administration of the Richmond Police Department.
The commission also receives, investigates, and hears complaints against Richmond police officers alleging the use of excessive or unnecessary force, discrimination, sexual harassment or assault by officers. The CPRC also investigates all incidents involving the discharge of a firearm at a person by an officer or when death or serious bodily injury results from direct police action.
Threet said commissioners are not giving these important matters the time and attention they need to review the voluminous evidence thoroughly.
“Commissioners often first open the files of investigative evidence a couple of hours prior to the closed session when a matter will be considered, as indicated by the time stamps of their access through DropBox. Commissioners sometimes make little to no effort to watch all relevant body-worn camera video footage that is material to the issues under consideration. Yet, some commissioners come to the discussion of the cases with strong opinions that do not seem informed by a thorough understanding of the evidence,” Threet wrote.
Threet said he no longer believes the commission can be relied upon to reach a valid finding on allegations of officer misconduct based on an objective, unbiased view of the evidence.
“That is the standard that must be met to honor both the ethical obligations of each commissioner, as well as the due process rights of the civil servants who serve as Richmond Police Department officers,” Threet wrote.
Threet’s resignation has ignited strong reactions from the Richmond Police Officers Association. Benjamin Therriault, the RPOA president, who expressed shock over the claims in the resignation letter, warning that the RPOA may take legal action against the city.
“The things brought up in his resignation letter are absolutely astonishing and disturbing,” Therriault said. “We raised these concerns with the city council and the city attorney, but they were ignored. His resignation letter shows that our concerns were validated, and that’s a huge problem.”
Therriault said the RPOA is currently reviewing its legal options, which could include suing the city, filing state bar complaints, or taking action against individuals involved.
“I promise you, it doesn’t mean nothing is going to happen. I guarantee you there’s going be some action,” Therriault said. “I’m outraged; the officers and sergeants that have reviewed his letter are outraged, and if a council person or city attorney isn’t outraged, then they’re living under a rock.”
Once a proponent of the police review board, Therriault now questions the CPRC’s legitimacy, claiming it has “delegitimized itself overnight.”
At city council meetings, Therriault spoke against appointing Marisol Cantos and Rachel Lorber to the commission.
“My concerns were all of her anti-police rhetoric and that she would have bias and would not be able to give fair, non-biased adjudication of any of these cases,” Therriault said. “Rachel Lorber is an active member of the public defender’s office, which is its own huge problem in itself, and I’m going to specifically address that as well.”
Soren Hemmila
Threet said that some commissioners have accused those with a different view of the facts with bias in favor of police officers for considering evidence that supports the officers’ actions as appropriate under the circumstances.
“Most concerning, commissioners have reached a sustained finding of misconduct, which requires that a violation be “highly likely,” in a case where any objective view of the investigative evidence would lead to a finding of “exonerated” or “not sustained.” Threet wrote.
While Threet doesn’t specifically mention the case in which the commission sustained findings of misconduct, his registration comes after the September 4 meeting, when the commission voted 5 to 2 to find that the use of deadly force was unreasonable.
In closed session the commission received a report involving Complaint 2023-3 (McDonald)
https://www.grandviewindependent.com/point-richmond-police-shooting-victim-identified/
Kevin McDonald, 66, was shot and killed by Richmond Police officers who were serving a search warrant at his Sanderling Island home in June 2023.
Officers from the Detective Division of the Richmond Police Department observed McDonald in possession of a firearm. Richmond police Sgt. Alexander Caine and Det. Robert Branch opened fire and McDonald was later pronounced dead at the scene.
In February, the Contra Costa District Attorney’s Office released a 42-page report on the fatal shooting, concluding the use of deadly force by Caine and Branch was justified.
“In applying the law and the California District Attorney’s Uniform Crime Charging Standards to the present case, Richmond Police Detective Robert Branch and Richmond Police Sergeant Alex Caine acted in lawful self-defense/defense of others, and their use of deadly force was justified,” the report stated. “As such, no further action will be taken in this case.”
Caine was also the officer named in a May 5 incident involving Kwesi Guss near Joe’s Market at First Street and West Macdonald Avenue.
Attorney John Burris represents Guss, who has filed a legal claim against the city. Guss alleges that the city’s police officers violently threw him to the ground and held him there in retaliation for filming them and talking back to a sergeant. Sgt. Caine is currently on administrative leave,
Soren Hemmila
Members of Reimagine Richmond spoke in favor of expanding the commission’s role at the September 4 meeting and advocated for Guss at the September 10 Richmond City Council meeting.
Some members of the CPRC have also expressed concern. Commissioner Oscar Garcia voiced apprehension over possible conflicts of interest online.
“I’m concerned about the illegalities that are being alleged. I don’t know exactly what they are, but I can take a guess. Several commissioners are not transparent on their conflicts of interest,” Garcia wrote.
Threet also called for reform within the commission and recommended additional ethics training for CPRC members.
The mayor's office did not respond to requests for comment on the resignation.
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