Columbia attorney Dan Viets doesn't want a community discussion about the police department's controversial SWAT raid to be derailed by questions about who can appeal decisions to the new police review board.
So he's planning to submit a letter, signed by a few dozen Columbians, to Police Chief Ken Burton on Monday saying he, too, objects to Burton's conclusion that police officers acted appropriately when they executed a search warrant Feb. 11 at the home of Jonathan Whitworth. During the raid, SWAT shot and killed a family dog.
Viets said he and others critical of the actions intended to wait and let the Whitworth family decide whether to file a complaint and appeal to the Columbia Citizens Police Review Board. But last month, a California pot activist filed the first formal complaint.
"I did not want two people from California to be the only ones who formally complain about this incident," he said. "I hope to make it clear there are a lot of people from Columbia upset about it."
But the California complaint already is causing some to question who should be able to appeal to the Columbia Citizens Police Review Board. Second Ward Columbia City Councilman Jason Thornhill said he doesn't think council members considered the possibility of out-of-state complaints when they created the board last year.
"We probably would have addressed it had we thought there would be a chance we'd be dealing with somebody from 2,000 miles away," he said.
Burton has not received Viets' letter but said he will stand by his decision. "I made my decision based on the facts, and I'll stick with it," he said. "If the board decides otherwise, I'll listen to that."
But Burton questions whether people who aren't directly involved in a situation should have the right to appeal to the Columbia Citizens Police Review Board.
"It doesn't make any difference who complains, it's ludicrous nobody involved has complained yet and those who have" complained "have no involvement whatsoever other than having an opinion," he said.
The current review board appeal process is too "wide open," he said. "You run the risk of somebody who doesn't like the police, every time I make a decision, they're going to appeal it to the review board."
That system, Thornhill countered, allows family members and friends to appeal on behalf of loved ones. But he did question Viets' complaint coming on the heels of the California appeal.
"Other than being symbolic, I don't know exactly what the complaint is going to accomplish," especially when the review board is already prepared to review the case, Thornhill said.
Thornhill said he would support the council taking another look at the procedures. He said he doesn't necessarily want to exclude people from outside the community, but there should be criteria that require them to be connected. The only connection the California complainant has, he said, is "it's one more opportunity to keep it in the spotlight and put more heat on the police department."
This page has been revised to reflect the following correction:
SECOND THOUGHTS: Sunday, July 11, 2010
A story yesterday about local attorney Dan Viets' effort to file a local complaint concerning a February SWAT raid incorrectly said Columbia Police Chief Ken Burton questions whether people who weren't involved in an incident should have the right to complain. Burton said he's not sure citizens who aren't directly involved in a situation should have the right to appeal to the Columbia Citizens Police Review Board.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Janese Silvey
Copyright: 2010 The Columbia Daily Tribune
* Thanks to MedicalNeed for submitting this article
So he's planning to submit a letter, signed by a few dozen Columbians, to Police Chief Ken Burton on Monday saying he, too, objects to Burton's conclusion that police officers acted appropriately when they executed a search warrant Feb. 11 at the home of Jonathan Whitworth. During the raid, SWAT shot and killed a family dog.
Viets said he and others critical of the actions intended to wait and let the Whitworth family decide whether to file a complaint and appeal to the Columbia Citizens Police Review Board. But last month, a California pot activist filed the first formal complaint.
"I did not want two people from California to be the only ones who formally complain about this incident," he said. "I hope to make it clear there are a lot of people from Columbia upset about it."
But the California complaint already is causing some to question who should be able to appeal to the Columbia Citizens Police Review Board. Second Ward Columbia City Councilman Jason Thornhill said he doesn't think council members considered the possibility of out-of-state complaints when they created the board last year.
"We probably would have addressed it had we thought there would be a chance we'd be dealing with somebody from 2,000 miles away," he said.
Burton has not received Viets' letter but said he will stand by his decision. "I made my decision based on the facts, and I'll stick with it," he said. "If the board decides otherwise, I'll listen to that."
But Burton questions whether people who aren't directly involved in a situation should have the right to appeal to the Columbia Citizens Police Review Board.
"It doesn't make any difference who complains, it's ludicrous nobody involved has complained yet and those who have" complained "have no involvement whatsoever other than having an opinion," he said.
The current review board appeal process is too "wide open," he said. "You run the risk of somebody who doesn't like the police, every time I make a decision, they're going to appeal it to the review board."
That system, Thornhill countered, allows family members and friends to appeal on behalf of loved ones. But he did question Viets' complaint coming on the heels of the California appeal.
"Other than being symbolic, I don't know exactly what the complaint is going to accomplish," especially when the review board is already prepared to review the case, Thornhill said.
Thornhill said he would support the council taking another look at the procedures. He said he doesn't necessarily want to exclude people from outside the community, but there should be criteria that require them to be connected. The only connection the California complainant has, he said, is "it's one more opportunity to keep it in the spotlight and put more heat on the police department."
This page has been revised to reflect the following correction:
SECOND THOUGHTS: Sunday, July 11, 2010
A story yesterday about local attorney Dan Viets' effort to file a local complaint concerning a February SWAT raid incorrectly said Columbia Police Chief Ken Burton questions whether people who weren't involved in an incident should have the right to complain. Burton said he's not sure citizens who aren't directly involved in a situation should have the right to appeal to the Columbia Citizens Police Review Board.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Columbia Daily Tribune
Author: Janese Silvey
Copyright: 2010 The Columbia Daily Tribune
* Thanks to MedicalNeed for submitting this article
