Here’s what we know about a citizens board review of CMPD wrongfully detaining a teacher
More than two weeks after ruling against Charlotte-Mecklenburg Police, the city’s Citizens Review Board has yet to makes its recommendations to Chief Johnny Jennings for his officers’ wrongful detention of a second-grade teacher and how he declined to discipline them.
And even when the CRB submits its recommendations, Jennings could refuse to implement them.
In an 8-2 vote on May 12, the Citizens Review Board found that CMPD officers “clearly erred” in their treatment of Charlotte-Mecklenburg Schools teacher Jasmine Horne when they detained her at gunpoint in a case of mistaken identity. The board also found that Jennings was in the wrong for his refusal to discipline the officers.
Jennings has said he stands by the actions of his officers. Fraternal Order of Police Lodge No. 9, which advocates for local law enforcement, also said it stands with Jennings’ decision.
What happened to Jasmine Horne?
Body camera footage from the June 14 incident shows the second-grade teacher sitting in her car outside her west Charlotte home when police approached her, guns drawn.
They order Horne to put her hands up and step out of her vehicle then handcuffed her. “I live here, what’s wrong?” Horne asks the officers.
Police were looking for a suspect in an assault in which a male victim had been stabbed multiple times. He told police he knew his attacker and gave them a name, “Jaselyn Horne.”
Jasmine Horne was in handcuffs for about 15 minutes, according to police. During that time, officers spoke with her mother and grandmother who confirmed that they had no idea who Jaselyn Horne was.
Jaselyn Horne was later charged with attempted first-degree murder.
What is the CRB?
The Citizens Review Board is made up of 11 members that hears civilian complaints against police.
The board only serves only in an advisory capacity and has no authority to overturn any decision by the chief. It has rarely ruled in favor of individuals who bring complaints against police and often hears cases related to officers’ conduct. Since 2013, just seven of 21 appeals — not including Horne’s — have reached the second phase.
What do CMPD chief, FOP say?
In a statement released May 13, Jennings said he believed officers “acted respectfully” and did their jobs according to the information they had at the time.
“While I stand behind the actions of those officers, I also have a great deal of respect for the CRB and their role in accountability for our agency,” Jennings said. “I appreciate their review of the case and look forward to receiving their recommendations for consideration to continue to improve our role in serving and protecting our citizens.”
The local FOP lodge said it was disappointed with the CRB’s decision.
“Law enforcement officers across this country investigate millions of crimes each year that are reported to them by victims,” the lodge wrote in a statement. “Chief Jennings has previously stated that CMPD alone has more than 500,000 citizen contacts each year and we hope that citizens can understand how Jasmine Horne was mistaken for Jaslyn Horne.”
What happens next?
The board, which held an initial hearing in April, will submit its disciplinary recommendations to Jennings and City Manager Marcus Jones, likely within “a couple of weeks,” board attorney Cary Davis said after the CRB’s May 12 hearing.
Jennings will then have seven days to accept or reject the board’s recommendations, Davis said. Jones will then have seven days to act, and his decision will be final.
Horne ‘s attorney, Darlene Harris, said she is confident the board will make “good” disciplinary suggestions.
“Whether or not they’re implemented, I’m not so sure about that,” she said.
What can CRB recommend?
When the board makes recommendations, even if they’re not fully accepted, they can prompt CMPD to review its policies and procedures.
In 2017, a year after CMPD officers shot and killed Keith Lamont Scott, the board was split 4-4 on determining if the department erred in refusing to discipline the officer who fired the shot.
In a separate vote, the board recommended changes that included the addition of de-escalation techniques to CMPD’s use of force policy. In its response, CMPD said it would review the policy, the Observer previously reported.
Later that year, the board ruled CMPD erred when it refused to discipline Officer James Yarborough when he pointed his gun at an unarmed man’s head and threatened to kill him.
In 2020, the board unanimously ruled that police erred in determining that Officer Wende Kerl was justified when she shot and killed Danquirs Franklin outside a west Charlotte Burger King in 2019.
These hearings led the board to make policy recommendations.
After a summer of protests in 2020, CMPD the department adopted “8 Can’t Wait” reforms, policies that are designed to curb police brutality and deaths.
