Charlotte councilman asks the next police chief how he could’ve avoided protest arrest

Charlotte City Council member Braxton Winston asked the deputy police chief Monday what he could have done differently to avoid being arrested Friday amid protests following the killing of George Floyd by police in Minneapolis.

The tense encounter between Winston and Charlotte-Mecklenburg Police Deputy Chief Johnny Jennings occurred during Monday’s virtual City Council meeting. It also unfolded as Charlotte entered a fourth day of protests that were roiling the city, state and nation.

Answering Winston’s question, Charlotte-Mecklenburg Deputy Chief Johnny Jennings responded, “You could have left. When the dispersal order was given, you could have left. I’m not going to try your case on this meeting. You were part of the line as officers pushed through.”

Winston was arrested around 8 p.m. Friday for failure to disperse as he joined protesters around Beatties Ford Road, according to arrest records. By 1:40 a.m. Saturday, Winston had tweeted he was home safe.

“I went to Beatties Ford Road in my official capacity as City Council Member At Large,” Winston wrote on Twitter. “I went in an attempt to de-escalate the tensions between the police and the citizens of Charlotte.”

Winston told Jennings, who will be the next CMPD police chief following the Republican National Convention in Charlotte, that he wanted to continue their discussion privately.

But Winston and Jennings clashed on de-escalation tactics used Friday, with the council member asking if it was wise to move large crowds of people toward businesses that were later vandalized.

Police officers must be responsive, Jennings said, when they are assaulted and property is damaged.

“It was violent. We give a dispersal order,” Jennings later said. “We give it three times. It’s very simple. You turn around and you leave. If you don’t do that, you’re going to be subject to arrest.”

Council member Renee Johnson thanked Winston for being “brave and courageous on the front line.” Johnson asked the deputy chief whether Winston’s arrest was justified.

Jennings said officers had “probable cause to arrest” Winston, based on video footage he’d reviewed.

“That’s going to be something for the courts to decide,” Jennings said.

‘It’s heartbreaking’

Jennings condemned the death of Floyd, reassuring City Council members that CMPD is reviewing its policies to better build relationships — and foster trust — with Charlotte residents.

“It’s disturbing. It’s heartbreaking. It’s something that really triggered me,” Jennings said about police violence in Minneapolis.

The deputy police chief emphasized that CMPD officers are not trained to restrict citizens’ airways, alluding to the Minnesota police officer who had knelt on Floyd’s neck for eight minutes. Jennings said that any use of a choke hold is considered “deadly force.”

“We would never expect our officers to take that action, and we’ve never seen it within our agency,” Jennings said.

CMPD Chief Kerr Putuney told reporters later Monday that he was “disgusted about the crime against Mr. Floyd.” Putney said the department’s ongoing work is “about the heart” — and recognizing what happened to Floyd cannot be defended.

“I’m humbled, and amazed and appreciative of the work that this community is doing right now,” Putney said. “We’re all hurting.”

A weekend of protests

Charlotte Mayor Vi Lyles called for peaceful protests on Saturday as she declared a state of emergency for the city — and jointly with Mecklenburg County — as residents raged over the killing of Floyd by Minneapolis police. Lyles’ announcement came hours after demonstrations had turned destructive around Beatties Ford Road Friday night.

Tensions spiked during Saturday’s demonstration as traffic was temporarily blocked on Interstate 277 in uptown. At least 30 people, including two teenagers, were arrested on charges that included illegal possession of a gun and assaulting a government official, police said.

And peaceful demonstrations turned chaotic again late Sunday as rocks were thrown at buildings in uptown.

Charlotte-Mecklenburg Police said protesters had begun arming themselves with bricks outside the EpiCentre complex around 10 p.m. and later hurtled objects at officers.

Additional demonstrations were underway Monday night.

This story was originally published June 1, 2020 at 6:19 PM with the headline "Charlotte councilman asks the next police chief how he could’ve avoided protest arrest."