City council members ‘disturbed’ by video of NC police officer searching Black teen
The city of Durham released body-camera footage Tuesday showing the interaction at a convenience store between a police officer and a 16-year-old whose family is now suing the city.
Police charged the teen, Tony Scott, with assault inflicting serious bodily injury, and assault on a law enforcement officer. The Hillside High School sophomore, who is now 17, has said he went to the store to get a snack during lunch.
The charges were dropped four months later, which Scott said came after the prosecutor watched the interaction on a separate, convenience-store video.
The body-camera video released Tuesday shows Officer Michael McGlasson walking into the Caroco gas station and convenience store on Jan. 23, 2019.
An unidentified caller had telephoned 911 at 1:23 p.m. to report drug activity at the business at 3700 Fayetteville Road in Durham, according to a city of Durham news release. The gas station is across the street from Hillside High.
McGlasson was wearing a body-worn camera, which he activated upon arriving at the Caroco, the city news release states.
“Officer McGlasson believed that Tony Scott, Jr. was the individual engaged in the drug activity referenced by the 911 caller, who had noted the color red in the individual’s clothing,” it states.
The video shows McGlasson approaching Scott, who was leaning against the counter, wearing an athletic jacket that included red.
“What you up to?” McGlasson asked.
“Who me?” Scott replied.
“I am going to pat you down real quick,” the officer said.
“I ain’t doing nothing,” Scott said, and the officer reached and grabbed his hand.
The officer, still holding Scott’s hand, repeated he was going to pat Scott down, and that the teen would go in hand cuffs if he didn’t stop.
Scott pulled his hand away, the officer yelled something and a scuffle followed for several seconds.
Scott ran out of the store.
“He is running,” McGlasson said. “I dislocated my shoulder.”
An officer who arrived shortly after the altercation, but before McGlasson was transported by Emergency Medical Services workers, got a warrant for Scott’s arrest on the two assault charges.
In the video, McGlasson told other officers that as he went to pat Scott down “he reached behind his waist band, and so I grabbed him and threw him up against the counter.”
Scott hid in a nearby SUV while law enforcement used dogs to search for him, he said in an interview with The News & Observer and The Herald-Sun.
He later turned himself in at the jail with his mother and father.
City Council members ‘disturbed’ by video
A city attorney successfully sought a judge’s approval to release the body camera video to the City Council last week.
The council unanimously voted Thursday to release it, Mayor Steve Schewel said, and the city released it publicly Tuesday morning after editing to protect the privacy of uninvolved minors.
City Councilman Mark-Anthony Middleton said he was “deeply disturbed by what I saw.”
“I do want some answers to what we saw on that tape and if the actions that we took are in the best interest of the general public of Durham,” Middleton said.
Mayor Pro Tem Jillian Johnson also called the video disturbing, especially as the officer runs out the door, gun drawn, past young people outside the store.
“I didn’t see any reason for the officer to put his hands on Tony Scott, and it’s even more concerning that he then pointed a loaded gun at a group of teenagers,” she said. “I’m very interested to know how DPD plans to handle this situation.”
Council member Charlie Reece shared those concerns.
“I voted to make the video public because it’s vitally important that the people of Durham know both the good and the bad of how the authority that we delegate to law enforcement is used in our community,” Reece said.
“It’s my understanding that the Durham Police Department and the city administration are currently reviewing the circumstances surrounding this awful incident, and I will be following that process very carefully,” he said.
Lawyer describes second video
In a previous interview, Sharika Robinson, one of Scott’s attorneys, said the convenience store video, which Scott’s legal team obtained soon after the incident, shows the officer slamming Scott onto the counter.
Scott is leaning on the front counter, then backs up with his hands held up, Robinson said the store video shows.
McGlasson tries to seize Scott’s wrists, and Scott moves back, she said.
“McGlasson then seizes Mr. Scott Jr., applies his body weight backward towards the counter and throws Mr. Scott Jr. in a semi circle into the counter,” Robinson stated in an email to The N&O and The Herald-Sun.
“Mr. Scott Jr. hits the counter with enough force to bounce off of it and send the contents of the counter flying,” she stated.
Family files federal civil rights lawsuit
In June, Scott, who is Black, and his father filed a federal civil rights lawsuit accusing McGlasson, who is white, of picking him up and body slamming him. The officer then framed the teen for assault after the officer injured his shoulder using excessive force, the lawsuit states.
The lawsuit accuses the officer and Police Department of excessive force, battery, and violating the teen’s Fourth Amendment rights with an illegal search and seizure.
The lawsuit also accuses the officer, the city and Police Department of civil rights violations, illegal seizure and unlawful detention, along with abuse of process, false imprisonment, infliction of emotional distress and malicious prosecution.
The N&O and The Herald-Sun have asked to interview McGlasson and sent numerous questions about the case to Police Department officials, who have declined to comment.
The lawsuit calls the incident a “modern day lynching” and seeks to hold the Police Department and city accountable for creating an environment that allows the disparate treatment of Black children without consequence.
According to Durham’s police policies, officers may use force:
▪ To detain a person who the officer has “reasonable suspicion” is about to commit, is committing or has committed a crime.
▪ To prevent the escape of a person who is believed to have committed a crime.
▪ To defend themselves or a third person from imminent use of physical force.
Police Department sustains father’s allegations
After the charges were dismissed, Scott’s father filed a complaint against McGlasson with the Police Department.
The department reviewed the complaint and sustained the allegations of warrantless search and seizure, meaning it found evidence to support them, according to an Oct. 31 letter from the Police Department to Scott’s father.
On July 13, 2019, two months after the charges against Scott were dismissed, McGlasson received a 5% merit increase to raise his annual pay to $42,766.
In general, if an officer receives a satisfactory or better performance review, which looks at a dozen different factors, the 5% merit raise is automatic, City Manager Tom Bonfield has said.
His employment record, which The N&O and The Herald-Sun requested, shows McGlasson was suspended Oct. 28, 2019, but doesn’t say why, for how long or provide any other information.
This story was originally published July 28, 2020 at 11:17 AM.
