Crime

Jackson County prosecutor is reviewing KCPD officers’ use of pepper spray on protester

Jackson County Prosecutor Jean Peters Baker acknowledged Wednesday that her office is reviewing video of Kansas City police officers who pepper-sprayed two protesters, arresting one after he yelled at police.

Video of the incident, captured at a George Floyd protest at the Country Club Plaza, has been widely shared on social media.

“Last night (Monday), my office contacted the Kansas City Police Department to report the incident on video of a female protester being sprayed with a substance by police,” Baker told The Star. “We forwarded the video and asked for a review with a follow-up on this matter.”

They agreed to look at it.

The video, posted to Twitter on Saturday, captured a line of officers standing at ease in the street at the Plaza during a demonstration protesting police brutality and the killing of George Floyd, a black man who was killed by a white police officer in Minneapolis.

A protester steps forward from the crowd and yells at officers, saying they, “overreact in the moment.”

“If you ain’t got the balls to protect the streets and protect and serve like you was paid to do, turn in your damn badge,” the man yells.

Several officers approach the man and another demonstrator, as the video unfolds, dousing them with pepper spray canisters. The man was pulled into the street and then arrested.

KCPD Chief defends actions

On Tuesday, Kansas City Police Chief said he had watched the video and defended the officers using pepper spray.

“It is a fine balance in keeping a peaceful demonstration and one getting out of hand,” Smith said during a news conference with Mayor Quinton Lucas.

“On the face of it, it looks like all of our policies were followed, on face value,” he said.

Kansas City Police Chief Rick Smith told reporters Tuesday, June 2, 2020, that police were changing their behaviors as protests continued for a fifth day at the Country Club Plaza.
Kansas City Police Chief Rick Smith told reporters Tuesday, June 2, 2020, that police were changing their behaviors as protests continued for a fifth day at the Country Club Plaza. Kevin Hardy The Kansas City Star

During a separate news conference held earlier Tuesday, Smith said the video shows other protesters throwing objects at officers.

He could not say exactly why the man was sprayed and arrested. But he said officers on the line need to have the discretion to determine the best approach in those situations.

“I think what we see is people are trying to hold that person back,” Smith said. “I don’t think he’s resistive, but some of the crowd is resistive.”

“When we say that curb is the line we can’t then say it’s here and then it’s here and then it’s here. We’ll be backed up against the building,” Smith said. “We have to set an expectation. We want to do it for the safety of everyone involved.”

The man was sprayed after stepping into the street. Throughout the five days of protest, officers have tried to keep demonstrators off the street and inside Mill Creek Park.

CNN anchor Don Lemon showed the video on television and chided Kansas City police on how they handled the protesters.

“Apparently, these police officers didn’t like the way the man was speaking to them. Appears to be sprayed with pepper spray. Held on the ground by police,” Lemon, said on a recent broadcast.

Lemon then read aloud a statement from Kansas City police and then stared into the camera.

“That is BS. That is BS,” he said. “Come on Kansas City, do better.”

Calls for review

Also on Tuesday, Lucas noted that a memorandum of understanding allows federal and county authorities to review complaints of excessive use of force by Kansas City police.

Lucas also said he planned to convene a special meeting of Kansas City Board of Police Commissioners discuss the protests and the police department’s use of force policy.

“This protest has not been perfect,” he said. “We have not been perfect in our response but we have been a hell of a lot better than other places.”

On Wednesday a group of local clergy gathered on the steps of Kansas City City Hall and demanded that police end all forms of excessive force, including the use of pepper spray on peaceful protesters.

Glenn E. Rice - The Kansas City Star

The group of clergy is demanding that police wear body cameras and be overseen by a citizen-led police review board. The group also called for local control of the police department.

Kansas City is the only city in Missouri, and one of the largest cities in the United States, that doesn’t have local control of its police department. Instead, the police department is controlled by a board appointed by the Missouri governor.

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This story was originally published June 3, 2020 at 1:06 PM.

Glenn E. Rice
The Kansas City Star
Glenn E. Rice is an investigative reporter who focuses on law enforcement and the legal system. He has been with The Star since 1988. In 2020 Rice helped investigate discrimination and structural racism that went unchecked for decades inside the Kansas City Fire Department.
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