You might call this one a Catch-22 for some Fayetteville City Council members.
The issue is about whether or not the city will provide legal counsel for two police officers who were involved in the shooting death on July 1, 2022, in the Briarwood Hills neighborhood home where 22-year-old Jada Johnson died after a prolonged attempt by the officers to deescalate the matter. And according to reports, the young woman held the police officers at bay with a firearm. Also in the home were her grandparents and her 2-year-old daughter.
In the end, according to an autopsy report, Johnson was shot 17 times by police officers, and that resulted in her death. Both officers were absolved of criminal liability in May by the N.C. Department of Justice. Johnson’s family now has filed a civil suit, and Rick Iwanski, the young woman’s grandfather, repeatedly has called for the city not to pay for the legal defense of Officer Zacharius Borom and Sgt. Timothy Rugg. The policemen have made a formal request for the city’s support of their defense.
So far, only Mayor Pro Tem Johnny Dawkins and council members Kathy Keefe Jensen, Derrick Thompson and Deno Hondros appear in favor of providing legal counsel for Borom and Rugg. Mayor Mitch Colvin and council members Shakeyla Ingram, Mario Benavente, D.J. Haire and Brenda McNair are awaiting an opportunity to review police bodycam footage of what occurred.
Judge releases bodycam video
“Subsequently, on Monday, June 19, 2023, Judge Ammons approved the council members’ request to access the video,” Melissa Reid, executive director for the Fayetteville Police Foundation, says in an email to CityView Media referencing Cumberland County Senior Superior Court Judge James Ammons. “Soon following, a communication was sent out to the council notifying them of the video’s availability for viewing. However, it has come to our attention, as of now, no council member has taken advantage of the opportunity to watch the body camera footage.
“We are eager to learn and gain a better understanding of the reasons behind this decision. Considering the initial concern expressed by the council members and the mayor regarding the unavailability of the video affecting their ability to vote favorably on including officers in the city’s legal defense,” Reid says, “we would like to ascertain why the council, which serves and represents our city, community and city employees, has chosen not to view the accessible video and if they will take this up again for a revote.”
Well, Ms. Reid, I’m kind of with Mayor Pro Tem Dawkins when it comes to the police officers. No criminal charges, as per the state DOJ and N.C. Attorney General Josh Stein, and Dawkins says that judgment is good enough for him.
“After conducting a thorough review of this case, my special prosecution section has concluded that charges should not be filed in this case, and I agree,” Stein said on May 24, noting evidence indicates the officers faced a deadly threat and acted reasonably in response. “Therefore, no charges will be brought. Nevertheless, Miss Johnson’s untimely death is a tragedy. Even when criminal charges are not appropriate, we should always ask whether anything could have been done differently that may have resulted in a better outcome.”
Stein also called for body camera footage recorded at the scene to be released in the interest of transparency to the people.
Two sides to the story
Here’s the catch-22, if you will, or the dilemma: those 17 bullets to Jada Johnson’s body.
While Miss Johnson may have been the victim of a reported mental health crisis and threatening to take her own life, there were those in harm’s way of a firearm reportedly in Miss Johnson’s possession, including the officers, Rick Iwanski, his wife and a 2-year-old.
Seventeen bullets to the young woman’s body?
Therein appears to be the rub as the council decides how to proceed regarding saying yes or no about the city paying for legal defense for the police officers.
“It’s important that I see that video,” Councilman Haire said on June 5 as the council, sans Councilwoman Courtney Banks-McLaughlin, debated the issue. “It helps me to make this decision.”
If I were a City Council member, I might want to see the bodycam recording, too, at least in this case. But keep in mind, every story has two sides, and this one, sad as it ended, appears to have two sides and plenty of moving parts.
The mayor and some City Council members do seem hell-bent on reviewing the bodycam, but you and the foundation are correct, Ms. Reid, they haven’t rushed to see the bodycam video, according to Councilman Benavente.
“The short answer is no to both questions,” Benavente told CityView on Monday about whether he has reviewed the bodycam or if he knows of other council members who have taken the time to see it. “We were made aware of the results of the hearing (release of the body cam request) back on 06/19 through email from our city attorney. No discussion has occurred during a closed session or otherwise about this matter.”
Epilogue
This one will be a slippery slope for the council. But be assured, Ms. Reid, the council will vote to provide or not provide legal representation for Officer Borom and Sgt. Rugg, and when it does, we will know soon enough.
No criminal charges, the state DOJ says.
But …
“Seventeen times,” Mayor Mitch Colvin said at the June 5 work session. “So, this is a tough conversation.”
Bill Kirby Jr. can be reached at billkirby49@gmail.com or 910-624-1961.