Issues statement urging State Attorney General to consider creation of regional boards to investigate complaints against law enforcement agencies

We have entered a new era in the relationship between law enforcement and the people they are sworn to serve and protect. The public has come to understand that police departments across the nation are plagued by racism, tolerance for brutal tactics and a code of silence that stifles internal dissent and discourages ethical officers from speaking up. The issues we face are not just due to the actions of a few “bad” individuals. These officers are the product of a system that instills an “us versus them” mentality between the police and the public. This is no longer acceptable. As a mother, a person of color and an elected official, I cannot remain silent.

The video of Quentin Suttles being punched in the head by a Buffalo police officer is the fifth example of the use of excessive force that I have witnessed this month. We have all seen the recording of Martin Gugino being shoved, but we should not forget the female protester who was shoved by police the day before, or Myles Carter, who was tackled by officers during the course of an interview with local media. And yesterday, we witnessed a Buffalo Police Lieutenant approach a female bystander and proceed to verbally and physically intimidate her for recording police activity between a resident and police officers.

These incidents demonstrate how absolutely essential police body cameras are. We should not have to rely on footage from bystander’s mobile phones to help us determine whether an officer has acted out of line or is not telling the truth in their police report about an incident. One reason elected leaders have supported police body cameras is to help hold law enforcement accountable for their actions while on duty.

It seems that law enforcement officials have forgotten their duty. Instead, we are witnessing police officers physically abusing civilians during the course of routine traffic stops or while they exercise their constitutionally-protected First Amendment right to protest.

Quentin Suttles complied with law enforcement. He consistently referred to the officers as “sir” and responded affirmatively to their questions. An officer asked if he would put his hands behind his back and he said “Yes, I am.” Before he could even put his hands behind his back he was brought down to the ground and assaulted.

Despite the body camera footage capturing his affirmation that he would put his hands behind his back and his clear, respectful answers to them, they charged him with obstructing government administration. How did he “obstruct” the officers?

Despite the body camera footage capturing his verbal affirmation to the officer's questions and remaining in a non-threatening position, he was charged with resisting arrest. How did he resist?

The body camera footage captured his statement to officers that he was not in possession of any contraband, and their search yielded only his personal identification, and yet, he was charged with concealing and destroying evidence. How did he conceal or destroy evidence when he was in the plain sight of the officers and their cameras – which saw nothing?

He was on his back and was being restrained and was not in possession of a weapon. Why did police feel the need to assault him?

We know that police officers put their lives on the line every day. But I am equally fearful for every civilian who has to interact with Buffalo police officers. Residents don’t know if a routine stop will escalate out of control.

Too often we have seen citizens denied due process of law by officers who take it upon themselves to inflict punishment. We have undeniable footage of this happening in our own city and we must speak up and take action before someone loses their life.

We all agree that people who are accused of violating the law should be detained and tried before a jury of their peers.

For example, in my continued fight for justice for India Cummings, who was allowed to deteriorate before her death in the Erie County Holding Center in 2016, 2 years before I became a Legislator, I have never wavered from my position that Ms. Cummings’ violation of the law should have resulted with a fair court trial to decide her fate. Instead she was left to die. If Mr. Suttles was in violation of the law, the consequence should have been his arrest and arraignment and then a trial in court. Nothing more, and nothing less.

I have made criminal justice reform the centerpiece of my legislative agenda. I established the Erie County Corrections Specialist Advisory Board as a permanent oversight body for the Erie County Sheriff Office’s Division of Jail Management. I called on the New York State Attorney General to investigate the death of India Cummings. I pressed (over the objections of the Sheriff Timothy Howard) for the establishment of a body camera program for his sworn personnel.

I commend Buffalo Mayor Byron Brown and the Buffalo Common Council for their first steps at reform. Establishing new policies and procedures is important, but when it comes to police departments, culture often beats policy. City officials must work closely with the community and experts in police reform and restorative justice in order to establish a new model for policing in Buffalo. I also encourage them to establish a citizen commission to help analyze the police budget and determine where funds can be best reallocated towards other community needs.

We need immediate next steps to resolve the injustice Mr. Suttles faced, and we need a substantial change to our police complaint structure. At present, investigations of police misconduct are left almost entirely to the discretion of the Buffalo Police Department’s Internal Affairs Division. Recently, a few complaints have risen to the level of an investigation by the Erie County District Attorney’s Office.

Under this system, less than 10% of the complaints actually result in criminal charges. At no point is there an arms-length, independent review of complaints, with the exception of cases that rise to the level of the New York State Attorney General, who only has authority to investigate police actions resulting in the deaths of unarmed individuals. The current system is insufficient.

I commend Governor Cuomo for taking a strong stance on police reform with his executive order. Also, I support Buffalo Council Member Rasheed Wyatt and the Buffalo Police Advisory Board’s call for an independent civilian review board. We need our state representatives to remove the restrictions in place to allow for a true civilian oversight board with full investigatory and disciplinary powers. Should a municipality be unable or unwilling to create effective civilian oversight boards, I propose the creation of a regional commission to investigate complaints of police misconduct.

The commission could consist of representatives from the New York State Attorney General’s Office, County District Attorneys and internal affairs officers from local police departments and civilians with experience in investigations. A regional body will ensure complaints will receive an independent, multi-jurisdictional review with authority to discipline. It will also ensure that residents who have legitimate complaints about law enforcement from municipalities that do not have a proper independent review mechanism will have an appropriate place to be heard. We must provide the public an opportunity to have their claims taken seriously, to receive a timely response, and for any consequences to be actionable and enforceable.

We all hold each other accountable. Legislatures oversee Executive actions, people hold elected officials accountable through their, and when there is a gap, and accountability must be strengthened. I assure you that I will strengthen accountability over Erie County law enforcement. I commend my colleagues at the City of Buffalo and State of New York who are strengthening accountability over their law enforcement agencies, and I call on my colleagues who might be hesitant to enact these changes to spend time with those who have been abused and hear their stories.

We must stop blaming these situations on “a few bad apples.” in law enforcement. Let me be clear: any so-called “good apples” in law enforcement that turn a blind eye to the egregious abuse of use of force that has resulted in the deaths of civilians in our country, are also bad apples. The current model of policing is a tree with long, deep, problematic roots. We can’t just pick off the bad apples. We must grow new trees.