Judge says public can’t see video of Durham police encounter with children, for now
A judge has blocked the public release of body-camera video — for now — from an incident where Durham police approached a group of children with their guns drawn and allegedly handcuffed a 15-year-old boy.
Superior Court Judge Josephine Kerr Davis agreed to let the Durham City Council see but not release footage of the Aug. 21 incident, after a lawyer representing the officers objected. The judge also agreed to let Daniel Meier, the officers’ attorney, see the video.
“The city is not authorized to disseminate the recordings more broadly at this time, and the judge expressly removed that decision from the purview of City Council,” City Attorney Kimberly Rehberg wrote in an email after the hearing.
Rehberg may reappear before Judge Davis to ask for release of the recordings at a later date, she stated in the email.
Three children, ages 8, 11 and 15, were playing tag at Rochelle Manor Apartments when five officers arrived, pointed guns at them, and told them to freeze, two children told media outlets. An officer handcuffed the 15-year-old, they said.
Police Chief C.J. Davis has said police received a 911 call about an armed suspect and has expressed remorse for the incident.
“Upon their arrival, Durham police officers believed an individual behind the building was the suspect. It was not until the young man was detained that officers realized he was not the suspect, but rather, a 15-year-old resident of Rochelle Manor,” Davis wrote in a Facebook post, Aug. 30.
The incident led to a protest Friday night, where the mother of one of the boys described feeling powerless about the event, and the 15-year-old said it had scared him, The News & Observer reported.
Attorney objects to video release
At Tuesday’s court hearing, Meier objected to the city’s petition because he wants the police department to finish investigating the incident before a decision is made about releasing the footage to the public.
“We believe the video is going to exonerate the officers, but I still think the department needs to have had a chance to analyze it, investigate it,” Meier said. “So they can provide context and explanation.”
The footage consists of 10 recordings by the six officers who had arrived at the scene, all of which show the same incident from different angles, he said.
In the video, they tell the teenager they had received a 911 call about “someone with drugs, wearing a white tank top and sneakers,” and carrying a gun, and had mistaken the boy for the man described in the call, he said.
Meier said he supports releasing the recordings later on.
Rehberg will share the recordings with council members during a portion of their scheduled meeting Thursday that will be closed to the public, she wrote in her email.
This story was originally published September 8, 2020 at 5:12 PM.