Officer Sprayed a Black Woman With Her Own Garden Hose—Then Discovered She Was a Fellow Officer

Chapter 15

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Ruth Castellanos issued her findings three weeks later, in December, forty-one pages long, and they were not tentative. She found the stop unlawful in its inception, the detention unlawful in its continuation, the use of the hose an act of retaliatory force against a compliant citizen, the deactivation of the camera a deliberate suppression of evidence of a kind the record showed to be habitual, and the pattern of twenty-six prior complaints a sustained failure of supervision for which responsibility ran upward through named ranks and named years. She recommended termination of Ryan Holt's employment, decertification proceedings before the state board — a recommendation with teeth, since decertification would end his ability to wear a badge anywhere in Oregon — and a set of systemic remedies that she presented, with a dry judicial modesty that reminded more than one reader of the complainant, as beyond her formal authority but within her obligation to name.

The Police Commissioner held a press conference the week before Christmas, in a room full of cameras, with Sergeant Vasquez standing at the back in plain clothes and Commander Sloane standing where she could be seen doing so, and the Commissioner — who had read the city's mood with the accuracy of a man whose job depended on reading nothing else — did not say the bureau took the matter seriously. He said the bureau had been told, twenty-six times, and had not listened, and that the word for that failure was not seriousness. He announced Holt's termination, effective immediately, with decertification referred. He announced the settlement of the consolidated civil action: a sum that the newspapers would print and that Naomi would thereafter refuse, on principle, to have described as the point; the establishment of an independent civilian review board with subpoena power and its own investigators, ending the practice of officers being investigated, in the first instance, by the chain of command that had promoted them; a rule, named in the settlement and therefore named everywhere, that a body camera deactivated during a citizen encounter would thereafter create a presumption, in every review, against the officer who deactivated it; a requirement that every citizen complaint receive a disposition letter stating the evidence actually reviewed, signed by a named human being who could be written back to; and the unsealing, review, and republication of fifteen years of complaint dispositions, beginning with the nineteen files in the banker’s box that Commander Sloane had refused to read in the order she had been given them.

"And an apology," the Commissioner said, at the end, reading from the settlement's first page, in the order the settlement placed them: "The City of Portland apologizes to Naomi Greer, to Terrence Cole, to James Okoro, to Lisa Tran, to the Reverend Samuel Hart, and to every resident named in the findings, and to the residents not named, for the encounters themselves and for the reviews that followed them, which compounded them." He set the page down. "The complainants' counsel insisted the apology come before the money in the document. Having now read the document, the bureau understands why."

Reform, everyone involved would learn over the following year, is not an announcement. It is a workload. It arrived in the Portland Police Bureau not as a transformation but as a series of unglamorous obligations, each of which had to survive contact with a thousand habits, and Naomi, who had negotiated none of the implementation and therefore watched it with the detached attention of a woman examining a machine she had caused to be built, kept a list on the back page of the legal pad she kept beside her bed. Not a list of grievances. A list of dates on which the machine actually moved.

In January, the independent review board was seated, and its first chair, to the visible discomfort of several parties and the deep satisfaction of Diane Okafor, was Terrence Cole, who had left the hearing room in November and gone, on the advice of nobody, to apply, because, as he explained to the nominating committee, he had six years of experience of being a file and intended to spend the next six being the person who reads them. He was confirmed by the council in a vote that was not close, and his embroidered name, Terrence, was read into the record by the council president exactly as it appeared on his old uniform, which was a small moment in the proceedings and which his daughter, in the gallery, recorded on her phone and kept for the rest of her life. She applied to the academy that spring. Her essay was about arithmetic, and why she intended to learn to do it in the open. She did not learn until graduation that it had been read aloud, by agreement of the admissions committee, at their retreat.

In February, the disposition letters began to change. James Okoro received his first, in an unrelated matter concerning his neighbor's fence and a responding officer's thoroughness, and it ran to two pages and named the evidence reviewed and was signed by a lieutenant with a telephone number, and Okoro framed the second page and hung it in his hallway where the closure letter of 2020 had hung for three years in a cheaper frame, as a reminder. "People thought I framed the insult," he told the neighborhood association, to laughter that had an edge of recognition under it. "I framed the evidence that nobody cared. Now I have framed the evidence that somebody has to. My hallway is a courtroom. My children walk through it to breakfast."

In March, Daniel Price stood up in a training room at the academy — invited, over the written objection of two senior instructors whose objections were filed, reviewed, and preserved in the new manner, which is to say kept — and taught, for the first time, the session that the bureau's new curriculum required of every recruit and every serving patrol officer over the next two years. It was not called anything dramatic. Its title in the course catalog was Residential Encounters and the Duty to Verify, and its first slide, which Daniel had designed himself and over which he had argued for three weeks, was a photograph, used with permission, of a mailbox.

"This is a mailbox on Ashbury Lane in Laurelhurst," he told the first class of recruits, who were young enough that some of them looked at the photograph the way he himself might have, a year earlier: as scenery. "It has a name on it. The name is the name of the people who live in the house behind it. Everything you need to resolve the encounter I'm about to describe to you was written on that mailbox, in plain sight, in a neighborhood where I promise you every mailbox is labeled, because people in expensive neighborhoods label things, it's one of the services the neighborhood provides. A senior officer with fifteen years of service stood six feet from that mailbox and did not read it, because reading it would have ended an encounter he had decided to have. I stood next to him and I didn't read it either, because I had been trained, without anyone ever saying it in a classroom, that my job was to back the decision, not to test it. So this session is not about him. There are other sessions about him, in the ethics block, and I will tell you now that he did the thing and he lost his job and his certification for it and he deserved to, and that is not the most important fact in this story." He let the room be quiet. "The most important fact is that there were eleven easy ways to check, and the least experienced person present was the only one who thought of any of them, and he thought of them too late and too quietly. Your authority to stop a citizen is borrowed. You verify before you spend it. You read the mailbox. Do you understand me? When in doubt, in front of somebody's home, at somebody's job, in somebody's church — you read the mailbox first. Then you decide whether there's an encounter at all."

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Officer Sprayed a Black Woman With Her Own Garden Hose—Then Discovered She Was a Fellow Officer

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