‘None of us can be proud.’ Mayor slams CMPD. SBI to review chemical agent use at protest

Charlotte Mayor Vi Lyles sharply criticized the Charlotte-Mecklenburg Police Department Wednesday after police used chemical agents against a largely peaceful crowd of protesters Tuesday. And the city is bringing in the State Bureau of Investigation to review those police actions.

CMPD faced mounting criticism after a video made the rounds online that appeared to show officers using chemical agents on people protesting peacefully over the death of George Floyd at around 9:30 p.m. Tuesday.

The video appears to show demonstrators marching down the street when police used chemical agents to disperse them. Protesters turned to run in the other direction, but officers on that side blocked their path. Chemical agents were apparently deployed from both directions.

Describing the chaos and the pain he felt after the chemical agents were used, protester Zahniyrr

Cundiss said, “My face felt like it was melting off.”

Lyles, speaking at a Wednesday afternoon news conference, said, “Last night was one of those times that none of us can be proud of — that none of us would want to see happen in our city.

“But it did. And I hope everyone is aware that that’s not the kind of department we want to have for policing. It’s not the kind of reputation that we want to have nationally or locally.

“So when you look at that, we have to understand we can be better than that,” she said.

Lyles said the city will review the use of chemical agents, but did not say how long that would take. She also didn’t say what chemical agent was used on protesters.

“What we want to do is get it right,” she said. “It doesn’t mean get it fast. It means to get it right.”

But Lyles didn’t announce any immediate action to stop the use of chemical agents on protesters, even as protesters began to gather in Charlotte Wednesday night.

CMPD said it is reviewing whether proper policy was followed during the confrontation between officers and protesters near 4th and College streets.

“That video is disturbing, no two ways about it,” CMPD Chief Kerr Putney said in a news conference late Wednesday. “And the other thing I need you to know is there are a lot of other angles and videos and perspectives that you need to see.” CMPD earlier said it was conducting an internal review of what happened.

Charlotte city manager Marcus Jones said the SBI will review the city’s policies on police procedures — and those policies will be addressed.

“What occurred last night is a reflection of us, and it’s important that you continue to have trust in the leadership of the city — I do,” Jones said. “Last night is not a reflection of who we are.”

The incident prompted Congresswoman Alma Adams, Charlotte City Council members and other officials to call out CMPD for its officers’ actions. Adams said the department should immediately halt the use of tear gas.

“Weapons that are illegal in war should never be used on American soil, especially against our own people,” Adams, a Democrat who represents Charlotte, said in a written statement.

Days of protest

Through its Twitter account, CMPD asserted that officers took action to defend themselves against unruly protesters.

The video was recorded by Queen City Nerve, an alternative newspaper, and has been viewed thousands of times on social media.

Chemical agents can burn eyes, cause coughing and other adverse physical reactions. Demonstrators — including some Tuesday — often pour milk or water in their eyes to stop the burning.

Like much of the country, Charlotte has been roiled by days of protest over the Minnesota police killing of Floyd, an unarmed black man.

City Council Member Braxton Winston tweeted video of the incident, and stated on Twitter, “The deployment of chemical agents in Charlotte needs to end tonight,” Winston tweeted.

Winston was among the people arrested by CMPD during protests, which began Friday. The demonstrations — which have been mostly peaceful, though sometimes destructive — have been prompted by the long history of deaths of African Americans at the hands of police.

‘We were trapped’

Tuesday was the third night of protests that Ashley Reyes of Mooresville, attended in Charlotte.

Reyes said she walked with other protesters down 4th Street, chanting, “Hands up, don’t shoot,” when she saw officers blocking the street.

The 20-year-old said the crowd stopped walking when it reached the officers. She heard a loud bang and a flash of light which caused demonstrators to run or back up.

“That’s when they started throwing tear gas,” Reyes said. “And it hit us all immediately. I was in so much pain. I really couldn’t see much.”

Reyes said the crowd attempted to turn around and get out on the other side of the street but couldn’t because it was also blocked by officers.

Cundiss, 22, of High Point, said he was in the middle of the group after the tear gas deployment, where he saw a woman collapse and people struggling to breath.

“We were trapped,” he said. “I honestly thought my life was over. I’ve never been in such pain like that before.”

Cundiss said the only way to escape the gas was in a nearby parking structure with locked doors. He said the group managed to get in by lifting a gate. Reyes said there were officers surrounding the structure and inside it.

Lots of people, many of them coughing, were scattered inside, Cundiss said. They didn’t know what to do, and they were struggling to breath and stand up, he said.

Reyes said the group inside the structure “banded together” to find a way out.

“I don’t know why they did what they did,” Reyes said.

‘Chemical agents were deployed’

According to CMPD directives, the department is required to complete an investigation any time police use pepper spray on subjects, or uses “less lethal” options to control subjects.

The department is also required to investigate when specialized units use “less lethal options” to disperse crowds.

And according to department directives, pepper spray should not be “immediately deployed” during a nonviolent protest, unless there is an “imminent threat” to officers or others.

CMPD tweeted Tuesday night about the encounter with protesters at the intersection of North Tryon and 4th Streets.

“After being assaulted with bottles, rocks, and chemical agents multiple dispersal orders were given. Officers gave protesters multiple avenues to leave the area,” CMPD tweeted. “After refusal to leave, chemical agents were deployed to protect officers and the public.”

‘No control’

Charlotte leaders and community activists said the video also raised questions about tactics CMPD has used during the protests.

“It went bad really fast,” Lyles said about the police response to Tuesday’s protest, on Kiss 95.1’s MRL Show Wednesday. “It just was a horrible incident and I think we’ve got to do something differently, and get better at this.”

“What I witnessed in that video was totally inappropriate and deeply disturbing,” said Charlotte City Council member Matt Newton, whose brother was shot to death in the city in a confrontation with police about 10 years ago. “I can’t think of a more volatile and ineffective maneuver.”

Robert Dawkins, state organizer for SAFE NC, a social justice group, said part of the blame lies with Charlotte City Council, which failed to ensure police reforms were carried through after high-profile police shootings and other incidents.

“They have no control over any of their departments and when something is screwed up, all they can say is sorry,” he said.

CMPD urges officers to de-escalate tense confrontations whenever possible, but too often they are not held accountable for failing to do so, Dawkins said.

“The department has stated that they are going to be fair and ethical in the use of force,” Dawkins said. “That is not what we saw last night. They are becoming more emotional than professional.”

State Rep. Chaz Beasley, who represents District 92, said he was “absolutely furious with CMPD” after seeing the video. He accused the officers of “firing upon peaceful protesters with tear gas, flash bangs, and pepper balls from three sides.”

Another critic was Drew Pescaro, one of the students injured in a shooting at UNC Charlotte last year that took the lives of two other students.

Pescaro tweeted to CMPD early Wednesday, “You saved my life and I will forever be thankful and in debt for that. But the actions that you used tonight were unjust and should be reviewed by a third party to ensure fairness. You cornered and attacked citizens at will. You’re better than this.”

Staff writers Michael Gordon and Adam Bell contributed

This story was originally published June 3, 2020 at 8:58 AM with the headline "‘None of us can be proud.’ Mayor slams CMPD. SBI to review chemical agent use at protest."