Judge orders release of video in fatal CMPD shooting under new state law
A judge on Monday ordered the release of video showing a fatal shooting by the Charlotte-Mecklenburg Police Department, the second such ruling since a controversial new state law went into effect.
Mecklenburg County Superior Judge Lisa Bell ruled that CMPD release to The Charlotte Observer footage in the killing of a 28-year-old man whose family and police give conflicting accounts of what happened.
It marks the second time in as many weeks that the courts approved a petition under North Carolina’s law requiring a judge’s approval to release footage from police body cameras and dashcams.
Bell’s decision pertains to the July 2, 2012, shooting of Michael Laney in west Charlotte near uptown.
CMPD says officers were searching for an armed robbery suspect when they tried to stop Laney. Police say Laney tried to pull out a gun while scuffling with an officer. Officer Anthony Holzhauer shot him once, striking him in the head.
Then-Police Chief Rodney Monroe defended the killing, saying officers feared for their lives. Prosecutors ruled the shooting was legally justified.
But Laney’s family has insisted from the beginning the shooting was unnecessary and that officers overreacted. On Monday, they said their concerns have grown over time because Holzhauer has been involved in two other on-duty shootings since Laney died.
In a reversal from previous years, attorneys for the officers involved, CMPD and the Mecklenburg District Attorney’s office did not object to The Charlotte Observer’s request for public access to the videos.
Bell ruled there is a “compelling public interest” in the video, which she had watched. Five hours of footage contained content that was “arguably disturbing” and “unquestionably sensitive,” Bell said.
She asked CMPD to redact the name of Holzhauer’s mother from the recordings before releasing them, citing safety concerns raised by an attorney for the officer. Holzhauer’s mother’s first name is mentioned by a detective calling to get her on the line for him after the shooting.
New law
On Oct. 1, a new state law regulating release of police videos went into effect. It called for police to get a court order to release video from dashboard cameras or body cameras and allowed courts to deny such requests for a number of factors including potential interference to an active investigation or disclosing information that could “harm the reputation or jeopardize the safety of a person.”
Supporters of the law say it balances citizens’ right to know with the interest of police. Opponents say the added restriction undermines transparency and public accountability.
Earlier this month, Superior Court Judge Jesse Caldwell appeared to become the first judge to approve a petition under the law when he ordered the release of video from the June 2 CMPD shooting of Rodney Rodriguez Smith on North Tryon Street near University City Boulevard.
That video has not been made publicly available yet.
Finding closure
After Laney’s death, Mecklenburg District Attorney Andrew Murray provided a detailed written description of the incident to explain his decision not to pursue criminal charges.
Another officer was struggling to control Laney and yelled to Holzhauer, “He’s got something in his waistband,” Murray wrote.
The struggling officer yelled three times that the suspect had a gun, Murray said. “Officer Holzhauer heard his partner yell for him to shoot the suspect” Murray wrote.
But Laney’s family, which includes an eyewitness, said that officers had control of Laney’s arms when the shooting occurred.
Antoine Laney, his brother, said seeing the video will help bring closure.
“Getting some answers will be like getting a burden lifted off my back,” Antoine Laney said.
Clasen-Kelly: 704 358-5027; @FrederickClasen
This story was originally published January 23, 2017 at 4:55 PM with the headline "Judge orders release of video in fatal CMPD shooting under new state law."