Police citation of man filming arrest spurs Kansas City to protect other witnesses
Spurred by two Kansas City police officers’ decision to cite a man using his phone to record their forceful arrest of a black trans woman, the City Council voted Thursday to pass legislation they hope will protect other witnesses.
Roderick Reed, 52, was issued a citation last year after recording officers Matthew G. Brummett and Charles Prichard’s arrest of Breona, or “Briya,” Hill. The officers were later indicted by a grand jury and charged with misdemeanor fourth-degree assault for “recklessly causing pain” to Hill as they handcuffed her.
In the meantime, Reed faced a charge for failing to obey the officers’ orders. He was convicted in Municipal Court and sentenced to 30 days in jail and a year of probation. Police maintained he was cited for failing to move his car from the middle of the street — not for recording the arrest. Recording police officers in public is legal.
Council members were not convinced of the department’s explanation.
“I don’t give a damn if he had stopped his car, got on the roof of his car and been filming,” Councilman Lee Barnes said. “I don’t care. He should not have been arrested. That is crazy, particularly in this instance — in an instance when the filming resulted in the officers getting arrested.”
Reed was never taken into police custody. Mayor Quinton Lucas announced Thursday he would pardon him.
Council members voted 12-1 to approve an amendment to the section of the city code officers’ used to cite Reed. The legislation passed the Finance, Governance and Public Safety Committee unanimously on Wednesday and was fast-tracked for full council consideration.
Previously, that section of the code said individuals shall not “willfully fail or refuse to comply” with a lawful order from an officer. With the change, the code is clear that a “lawful order” doesn’t include “any order or direction that prevents or impedes the witnessing or documenting … of the actions of such officer.”
Put simply, the council wants to ensure witnesses aren’t barred from filming the actions of police officers.
“It’s kind of become a catch-all for basically just about everything,” Councilwoman Katheryn Shields said of the previous ordinance language.
According to Municipal Court records, Reed was cited for failing to obey when officers told him to move his car. He was convicted in municipal court in February and sentenced. He immediately requested a new trial, which is pending in Jackson County Circuit Court.
Because he appealed and posted bond, Benita Jones, the Municipal Court’s public information officer, said she didn’t believe he had served any of the jail sentence. Reed’s attorney did not immediately return a request for comment.
Kansas City Police Capt. Scott Simons told the committee on Wednesday that officers had used the previous ordinance in cases where “it may not be necessarily a direct interference with what the police officer is doing at that moment, but it’s a possible interference with something else.”
“That gentleman was not issued a citation because he was filming,” Simons said. “Had he pulled up in front of that police car, behind that police car, walked up on the sidewalk, he could film all day long. We welcome that. We have no problems with that.”
Simons said Reed’s car was parked in the middle of the street, and drivers were trying to get around him.
Reed’s video showed Brummett and Prichard arresting Hill outside Beauty Essence, Barber and Beauty Supply Store at 1319 Brush Creek Parkway on May 24, 2019.
The officers responded to a 911 call from the owner of the store, who wanted Hill removed after a dispute. After speaking with the owner, Prichard exited the store and told Hill, who was outside with Brummett, that she was under arrest.
The video starts out showing Hill lying face down on the concrete while at least one of the officers is kneeling on her back and trying to place her hands behind her back. Court records said Brummett is then shown slamming Hill’s face onto the concrete two times and then drops his knee and a portion of his body weight on her neck or shoulder.
Hill was taken to the police department’s East Patrol Division Station, where she was issued citations for trespassing, disorderly conduct, resisting arrest and possession of drug paraphernalia.
An ambulance was later called to the patrol station for Hill, who had injuries to her face and complained of pain to multiple parts of her body, according to an affidavit signed by the grand jury, which cited medical records. Hill had a cut above her eye, abrasions to multiple areas of her face and dried blood.
Months later in a separate incident, Hill was shot and killed near a home in the 4300 block of Hardesty Avenue. Police at the time identified her as Brianna “BB” Hill.
In a statement following last month’s indictment, attorneys for the officers said the two “maintain that the force they used was reasonable under the totality of the circumstances.”
Councilwoman Heather Hall, 1st District, was the lone vote against the legislation.
