HomeMy WebLinkAbout10-20-1998 Articles The Daily lowan, Monday, October 19, 1998, page lA & 7A
Board: Police action
'vicious,' not racist
The Police By Rebecca Anderson lng his approach to her car. Batcheller acted as though she and the
;itizens' The Daily Iowan "There was no way this tactic was I other occupants of the car were break-
~eview Board Although the Police Citizens' Review going to produce the desired results," [ lng the law before talking with them,
~as upheld a Board has found that a police officer the board's report stated. "On the con- ~ she said.
treated Faith Walker and her family in I trary, it unnecessarily escalated the sit- ~ Batcheller has denied these allega-
omp[ai[It o"vicious' and"violent' manner during! uation.' tions but refused to comment specifical-
~]aiflSt a a traffic stop, it stopped short of deem- The board's report is only a comment ly on the case.
olice officer, ing the incident racially motivated, on the way Batcheller acted during this Now that the report has been issued,
The board's report states that one particular traffic stop, and it does the board is leaving it up to the police
Batcheller used "poor procedure" when not necessarily serve as a critique of department to handle the case, Cohen
he stopped Walker, who is black, for the entire task force or its methods, said. The board has no authority to rec-
allegedly running two stop signs. The I Cohen said. ommend or perform disciplinary
board announced its support of Walk- 1 While Faith Walker's attorney, David actions on the officer.
er s complaint in an Oct. 16 report. ] S. Walker (no relation), said he under- So far, the internal investigation con-
Race was not involved in the board's [ stands the task force must follow cer- ducted by Winkelhake has suggestea
decision, and the language of the alle- rain procedures in its investigations, he that a supervisor review safety issues
gations submitted by Iowa City Police questions its methods for future traffic . with Batcheller. But because these are
Chief R.J. Winkelhake did not mention stops, personnel issues, Winkelhake said, he
race, said Leah Cohen, board chair- "It does seem odd to me that they cannot discuss how he wi handle the
woman, would (pull people over while wearing ' ' '
"We did not find anything to support plainclothes), but I'm sure they have Faith Walker said she is considering
that allegation," she said. their reasons," he said. "If this is the fding a civil suit against the city
way it's going to work out in the future, based on the way she said
Batcheller treated her.
~ it's going to be counterproductive." "One day we'll see how it goes
[ just knew that Faith Walker said she is pleased by and where weql go from here," she
they woulct see the the board's decision, which she takes as said. "But the decision is definitely
a sign it is fulfilling its duties and mak- a start in the right direction."
trttth, lng it easier for citizens to communi-
-- Faith Walker, cate with the police department. David Walker said this decision
who filed a complaint "I just knew that they would see the would have a positive impact on
with the Po[ice CitizelW trnth,' she said. "I hope this just makes her case, if she were to pursue it.
ReviewSoard him (Batcheller) stop and look at He said he questions the useful-
things."
The focus of the incident has turned ness of the board if offending
to the way in which the police treat cer- cers aren't adequately punished.
. ~ tain segments of the community rather "What's the whole purpose of this
: '.. ~ than outward racism among officers, board if there are no penalties?" he
Instead, Batcheller's appearance as a said David Walker. said.
task force member was a main factor in "(Racism) is a harsh allegation to
the board's decision to uphold Walker's make," he said. "But race is only one ol repo~er Rebec~ Aade~on can be reached at
complaint, Cohen said. fhctor of this incident." raanders@blue weeg.uiowa edu
Faith Walker said Batcheller, a mere- Faith Walker's concern about racial
ber of the Special Crimes Action Task discrimination stems from the officer's
Force, was in an unmarked car and in alleged suspicion that a crucifix one
plainclothes, which confused her dur- passenger was holding was a gun or
drug paraphernalia. Faith Walker said
The Gazette, Cedar Rapids, towa: Sat., Oct. 17, 1998 ~B'~
-Board: Officer acted wrongly ?
By Lynn M. Tefft .
Gaze'~-e Johnson County Bureau IOWA CITY
IOWA CITY -- The Police Citizens Review
Board has determined an officer acted unrea- The driver, who was cited for running a stop
sonably when he tried to pull a 15-year-old boy sign, stated her son held one of her nephew's
from the back seat of a car stopped for a traffic hands to keep him in the car but did not hit ·
violation, the officer.
The decision contradicts one by Police Chief Backup officers searching the car found no
R.J. Winkelhake, who determined the officer contraband and determined the boys' object~.
did nothing warranting discipline. Winkelhake was a crucifLX. .-
was unavailable for comment Friday. The board, after a monthlong investigation,:
The board's report, which does nog identify concluded the off~lcer's actions unnecessarily :-
the officer or the complainant, was issued to escalated the situation, were poor procedure ~'
the City Council on Friday. According to the and created a hostile and adversarial climate~
report: for law enforcement.
The officer pulled over a woman for running "Though it turned out to be innocent, an,
~ two stop signs and, as he approached the car, appropriate attempt to secure the evidence and.
he sa~/the woman's son pass a metallic object the scene would not have bee~ improper,, the
to her nephew in the back seat. ~ board's report continit~l. "Pursuing that'evi-.
The officer opened the back passenger door dence is part of the officer's job. But proceed-
of the car, ordered the.;b~to show him the ing as the officer did here was not appropri-
object, then demanded the hephew get out. ate."
The officer tried to pull the nephew from the The board overruled the woman's complaints '
car. The officer said the driver's son hit him. that the officer used profanity. As for the'
After threatening him with pepper spray, the contention that the charges against her son are ~
officer arrested the son for assaulting an officer unwarranted, that will be decided in court, the
and interference with official acts. board stated.
WEDNESDAY
October 14, 1998
All drunks aren't criminals
The Iowa City Police Department has not started offthe school year
with much support. It has been ridiculed for targeting students when
Letters to enforcing laws and committing wrongful traffic stop procedures.
the Editor Display & Another complaint to add on the list is to a good law gone bad.
Classified
Advertisiw, The public intoxication law is placed in the community for good
Subscription reasons. Walking home drunk is not safe. Inebriated persons could
Info DI Shaft bring harm onto themselves or others because their judgment is
Copyright 1996 impaired.
The Daily Iowan.
Cop~lSght 1996
Associated Press. However, this law doesn't leave many choices for those leaving the
bars late at night. A person has the choice to call a cab, assuming she
has money left over from the bar. She has the choice to call a friend,
assuming she can remember the friend's number and the friend
doesn't mind getting phone calls at 2 a.m. Then there is the choice to
walk home and risk getting a ticket for public intoxication or drive
home and risk getting a ticket for Operating While Intbxicated. The
punishment for public intoxication is 30 days in jail or up to a $100
fine. The minimum penalty is a $50 fine.
For drunk drying the penalty is more harsh. A mandatory 48 hours
must be spent in jail, and the fine is $1,000, $500 of which can be
waived if no damage was done. lhe driver's license is revoked for
180 days, after which the defendant pays $200 for a
victim-restitution fee and needs to get high-risk insurance in order to
legally drive again.
The criteria for getting a public-intoxication ticket are to be drank or
to "act drunk." And a person can get a ticket for being drunk while
still sitting inside the bar. Drunk people tend to get out of control,
and if they are the ones musing danger, they should get a ticket. But
the ticket should not be for drinking.
The law should focus the public-intoxication's criteria on being
intoxicated and disturbing others or being intoxicated to a point that
is out of control.
The current law leaves too much discretion to police officers. They
1 of 2 10/14/9810:2
can generate revenue offpeople who go to the bars for a few drinks
and then decide to walk home instead of getting behind the wheel.
If the police are going to take away choices from those who frequent
the bars, they should be more selective with criteria of the law or
they should give patrons another option to get home safely.
Ellen Nicholson is a DI editorial writer.
Title:
Page: 8A
Date: 10/14/98
Today's Paper: [ Front Melro & Iowa Nation & World Viewpoints Sports
Artsl
2 of 2 10/14/98 10:29 AM
WEDNF~DAY
October 14, 1998
All drunks aren't criminals
The Iowa City Police Department has not started off the school year
with much support. It has been ridiculed for targeting students when
Letters to enforcing laws and committing wrongful traffic stop procedures.
the Editor Display & Another complaint to add on the list is to a good law gone bad.
Classified
Advertising The public intoxication law is placed in the community for good
Subscription reasons. Walking home drunk is not safe. Inebriated persons could
Info DI Shaft bring harm onto themselves or others because their judgment is
Com'right 1996 impaired.
The Daily lowan.
Com, rieht 1996
Associated Press. However, this law doesn't leave many choices for those leaving the
bars late at night. A person has the choice to call a cab, assuming she
has money lea over from the bar. She has the choice to call a friend,
assuming she can remember the friend's number and the friend
doesn't mind getting phone calls at 2 a.m. Then there is the choice to
walk home and risk getting a ticket for public intoxication or drive
home and risk getting a ticket for Operating While Intbxicated. The
punishment for public intoxication is 30 days in jail or up to a $100
fine. The minimum penalty is a $50 fine.
For drunk drying the penalty is more harsh. A mandatory 48 hours
must be spent in jail, and the fine is $1,000, $500 of which can be
waived if no damage was done. The dryer's license is revoked for
180 days, after which the defendant pays $200 for a
victim-restitution fee and needs to get high-risk insurance in order to
legally drive again.
The criteria for getting a public-intoxication ticket are to be drunk or
to "act drunk." And a person can get a ticket for being drunk while
still sitting inside the bar. Drunk people tend to get out of control,
and if they are the ones causing danger, they should get a ticket. But
the ticket should not be for drinking.
The law should focus the public-intoxication's criteria on being
intoxicated and disturbing others or being intoxicated to a point that
is out of control.
The current law leave~ too much discretion to police officers. They
1 of 2 10/14/98 10:2!
can generate revenue offpeople who go to the bars for a few drinks
and then decide to walk home instead of getting behind the wheel.
If the police are going to take away choices from those who frequent
the bars, they should be more selective with criteria of the law or
they should give patrons another option to get home safely.
Ellen Nicholson is a DI editorial writer.
Title:
Page: 8A
Date: 10/14/98
Today's l~aper: [ Front Metro & Iowa Nation & World Viewooints S~orts
Arts]
2 of 2 10/14/98 10:29 AM