Would Police Body Cameras Answer Vital Questions in JR Thomas Case?

36-year-old Reginald “JR” Thomas died in Pasadena police custody one week ago today in his residence in the 200 block of East Orange Grove Boulevard about 2:30 a.m.

There were reportedly a number of police officers in the living room where the struggle had taken place and also, witnessing the incident unfold, Thomas’ pregnant partner, Shainie Lindsay.

Thomas’ death sparked angry protests and marches in Northwest Pasadena, with demonstrators and his relatives alleging the police had used excessive force and that their actions had led to his death.

What really happened in that apartment? Why did Thomas die? Why weren’t Pasadena Police wearing body video cameras? Would those cameras make any difference in the public finding out what really happened?

Pasadena City Councilmember John Kennedy — who is Chair of the Public Safety Committee — is a firm believer.

“There is no question that we would have more data that would possibly be useful in the investigation if we had body cameras employed,” said Kennedy on Thursday.

“I think it is technology that helps reduce allegations of police misconduct,” said Kennedy, “and it also protects our officers from unjustified attacks, and it also gives the community level of confidence in the policing process.”

At least two other experts in police tactics also cite the importance of police body cameras in cases similar to the Thomas in custody death.

“It all depends on their position,” said retired LAPD Sergeant Scott A. DeFoe, who worked numerous assignments over the past 29 years including SWAT, K9, Vice, Narcotics, Jail Operations, Internal Affairs, Gangs, Crisis Negotiation Team and Patrol. “It also depends on the proximity of the officers.”

Presented with the known facts in the Thomas case, DeFoe posited that a number of circumstances could affect the quality of body camera recordings.

“One thing is that cameras would provide a clear picture of the scene after a struggle,” he said. “But the scene is not static, it is constantly moving. There may be a lot of shots of the camera simply looking down on the ground, or if the officers are locked in a struggle with a suspect, the camera may be pressed up against someone, and have no image at all.”

“It’s not like a movie,” said DeFoe. “The officers are there to do a job, and not to concentrate on recording the scene like a cameraman.”

DeFoe also observed that body cameras may also sometimes make officers unconsciously change their normal behavior, knowing that their actions are being recorded.

Steve Tuttle, vice president of strategic communications, for Taser International, Inc., the company which has provided the City of Pasadena with body cameras, said, “The camera can help record the behavior of the suspect before and after the use of tasers. It can also take away doubts as to both the actions of the police and the suspects in a case.”

“In 99.2% of cases where a Taser is used,” said Tuttle, “the suspects are fighting and resisting, and the cameras could show this.”

While the Pasadena Police department entered into a $1.5 million contract for body cams with Taser International in June, daily use could still be months away, even though, according to City Manager Steve Mermell, the police department has already developed a draft policy for use in actually implementing the video system.

The policy and procedures are now in the “meet and confer” process with the bargaining unit, the Pasadena Police Officers Association (PPOA), said Mermell.

“We are currently in that process to develop that policy. It will take time to develop … I’m confident that by the time we’re ready to use them, we will have a policy in place,” he added.

The implementation process for the actual use of the camera system is about four months, said Mermell, back in June. Once the PPOA completes its protocol process for the cameras, and goes over the process with Police Chief Phillip Sanchez, the issue must then return to the City Council Public Safety Committee for approval, before returning once again for final approval by the City Council.

According to a recent study by the Major Cities Chiefs Association and Major County Sheriffs’ Association, consensus varies among at least 70 US law enforcement agencies as to how to actually implement their systems.

Only 18 percent of agencies considered their body cameras “fully operational” last year, according to the survey, and almost half of the agencies surveyed had started or completed pilot programs.

Pasadena Police would then develop protocols as to the release of camera footage, presumably before the cameras are put to daily use.

But deployment can’t come soon enough, says Kennedy.

“I have been a firm advocate for having body worn cameras deployed post haste,” he said. “The (camera) policy must be one in which integrity and transparency are incorporated,” explaining, “The policy can’t be some boilerplate that exists in other jurisdictions. It has to be, in part, unique to the community which is policed and it has to be one in which there is demonstrable transparency integrally. Horizontally and vertically.”

Kennedy advocates for a clear and consistent policy with regard to how video footage of incidents is released to the public.

“When you take footage or video, barring some legal reason, why can’t you then release that footage or video as soon as possible?” said Kennedy.

The Councilmember also expressed the concern of the community and the police over the question of whether or not an officer would be allowed to view body camera footage before giving an official statement to investigators, following an incident.

“That question may be holding up the whole process,” he said, but said he hoped that full implementation of body worn cameras “could take place before the end of the year.”

Then, speaking to the larger issue of body cameras, as well as the Thomas incident, Kennedy said, “Here we have an opportunity for the community to come together and recognize the importance of obtaining as much information as possible, so that the community will know what the facts are. One way to do that is fast tracking the implementation of body worn cameras by all sworn personnel of the Pasadena Police Department.”