Police Officer Sprayed a Black Woman With Her Own Garden Hose—Then Made a Shocking Discovery

Chapter 8

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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."

A recruit in the second row, a young woman from Bend with her hair pulled back and her notebook open before she had been asked to open it, raised her hand and asked the question the whole curriculum had been built to make askable, and Daniel felt, hearing it, the entire year tilt a fraction toward its purpose.

"Sir. What if your partner has already decided, and he's senior, and reading the mailbox means contradicting him in front of the citizen?"

"You read it out loud," Daniel said. "That's the entire answer. You read it out loud, in your normal voice, so it goes on the recording. 'Sergeant, the mailbox says Greer.' Contradiction isn't disloyalty. It's the sound verification makes when it arrives on time." He paused, and then, because he had promised himself on the long drive home from the hearing in November that he would never again edit the humiliating part out of an official proceeding, he added: "I know the cost of it. I paid a version of it all this year, in lunchrooms. I'm still here. I'm teaching this class. The cost of the other thing is higher, and other people pay it, in their gardens, for the rest of their lives. Choose which bill you're willing to have read out loud about you."

Ryan Holt's arbitration concluded in April, in a smaller room than the hearing, and it concluded the way Commander Sloane had privately predicted in the first week, back when she was still writing memos she expected to end her career: the termination stood. The arbitrator found the admissions dispositive and the pattern corroborated, and the state board, in June — one year, almost to the day, from the morning of the roses — voted to revoke his certification permanently, citing not only the encounter but the camera, which the board's chair described, in language that made the trade press, as the conversion of a misconduct case into a misconduct system. Holt did not attend. His statement, submitted by Fenn and read into the record, was four sentences long and had plainly been written by Holt himself, because no lawyer would have permitted the third one.

I do not contest the findings. I ask the board to note that my conduct was reported by citizens for fifteen years and that the system that now judges me reviewed those reports and closed them, and that I regard that as an explanation and not an excuse, and I have learned the difference at the cost of everything I built my life on. I am sorry to each person I stopped, searched, detained, or soaked while telling myself I was doing a job. If my name is used in training, I ask that it be used the way it happened. Do not soften it. Softening it is how it happened.

He went to work, in the autumn, for a freight company in Vancouver, Washington, checking manifests in a warehouse with high windows, a job obtained without references from law enforcement and held without incident, at a wage he would once have described with contempt and now described not at all. He attended, at Colleen's condition and eventually at his own, a counseling program whose other members included two former officers, a former prison guard, and a school administrator who had falsified attendance records for a decade for reasons that sounded, to Holt, uncomfortably like his own. He did not contact Naomi. He did not write the letter that men in his position are advised to write, because the counselor, a woman of great plainness named Dr. Ivers, told him in their third session that an apology sent to a federal judge by the man who assaulted her, in the middle of her litigation's aftermath, was not an act of contrition but an act of correspondence, and that if he ever arrived at a genuine account of himself, the account would be his to live with, not hers to receive. "She has a garden to tend," Dr. Ivers said. "You are not part of its maintenance." It was the truest sentence anyone had said to him since Colleen in the kitchen, and unlike Colleen's, he was by then far enough along to hear it as help.

He was not redeemed, and this account does not redeem him. He was a man who had been handed, by an institution that preferred his kind of certainty to its citizens' dignity, fifteen years of unchecked mornings, and who had used them to become the person the complaints described, and the most that the record supports at the end of it is that when the machinery finally turned toward him with its lights on, he did not, in the end, lie to it. There were men in his position who did. The record notes the difference, and the record, which is where Naomi Greer always insisted such things belonged, is entitled to be the last word on the proportion of it.

In December, one year and a half after the morning on the lawn, the independent review board published its first annual report, and the city held a public meeting to receive it in the auditorium of a high school in Southeast Portland, chosen because the board's new rules required that accountability be reported in the neighborhoods where the stops occurred and not only in the neighborhoods where the apologies were drafted. The auditorium was full. Terrence Cole presided, in a suit, with his name on a placard in front of him in letters large enough for the back row, a detail he had requested without embarrassment. Commander Sloane presented the numbers the way she had once read the complaints: in order, without flinching, and without summary until the numbers had been allowed to stand in the room by themselves for a moment.

Complaints filed that year: up, by forty percent, a figure the board interpreted, Sloane said, as an increase in filing rather than an increase in misconduct, since for the first time in the bureau's history, a rising complaint rate was being treated by the institution as evidence about the public's confidence that complaints would be read, and not as evidence about the public's manners. Complaints sustained: up, from a historic rate the report described, in a footnote that did more work than many speeches, as statistically indistinguishable from zero in certain review chains, to a rate comparable to peer cities with independent review. Average time to disposition: down, from years to months. Disposition letters naming the evidence reviewed: one hundred percent, audited quarterly, with the audits published. Camera deactivations during citizen encounters: down ninety-one percent, with the remaining nine percent individually explained in writing by named supervisors, and two officers disciplined under the presumption rule in cases that had never reached a newspaper, which Sloane identified, correctly, as the real test — the rule working in the dark, on encounters nobody famous was part of, involving citizens whose names appeared in no headline and whose complaints had nevertheless been weighed on the same scale.

Reverend Samuel Hart, who had taken a seat in the third row with two deacons and a thermos, rose during the public comment period, and the room quieted for him the way rooms had been quieting for him for forty years.

"I came last year to ask this city to do the arithmetic out loud, in public," he said. "I want the record of this meeting to show that an old man has returned to say the arithmetic was done. Not all of it. Arithmetic of this kind is never finished; it is a discipline and not an event. But it has begun to be done by people whose names are on the letters, and that is what I asked for, and I believe a man should come

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Police Officer Sprayed a Black Woman With Her Own Garden Hose—Then Made a Shocking Discovery

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