Incident Frazer-Assaults-Legal-Observer

Incident Description

Benjamin Frazer and others assault, tie up legal observer Charlie Schmidt when he attempts to take their photo.

"Schmidt drove away from Lee Circle via Monument Avenue, then proceeded west on to Broad Street, eventually ending up at the corner of Hermitage Road and West Leigh Street.

It was there that Schmidt noticed several Richmond Police cars inside the recently renovated Saur's shopping business center. He turned right on Hermitage, then turned right again into the back entrance to the parking lot, parking in the back north/west corner.

A large faction of Richmond Police was in the front of the parking lot, closer to Whole Foods and Broad Street.

Schmidt estimates that 45-50 Richmond Police officers were present and upon information and belief, the area was being used by them as

staging for some other action offsite or event.

Schmidt sat in his car observing from a distance of several dozen yards for a few minutes when an unknown Richmond Police officer crossed the entire length of the Whole Foods Parking to the separate Rear Parking Lot where Schmidt was parked. He asked Schmidt if he was

okay, to which Schmidt responded yes. The officer walked back to his police car in the Whole Foods Parking Lot.

A second officer, Benjamin Frazer (“Frazer”), approached Schmidt’s car with the same question, to which Schmidt again responded “'yes, I'm fine.'

Frazer then advised Schmidt that he needed to leave the Rear Parking Lot because Richmond Police had been asked to enforce security for a private business Whole Foods, which was not true.

Schmidt questioned Frazer’s authority to enforce such an order, given that the Rear Parking Lot appeared to be public space and another car was parked in the same lot. There were no “No Parking” or “No Trespass” signs in the Rear Parking Lot nor were there any signs indicating the Rear Parking Lot was closed at night.

Schmidt asked Frazer if anyone could verify that the Rear Parking Lot was closed or that he was legally required to leave the premises.

In response to Schmidt’s questioning the authority of Richmond Police to demand he leave the Rear Parking Lot; Frazer unnecessarily escalated the situation.

Despite Schmidt identifying himself as an attorney and trained legal observer, Frazer again demanded that Schmidt leave because (he described) Richmond Police Department had had people 'doxing' them and causing 'problems.'

By this point, Schmidt’s car was surrounded by approximately 6-8 Richmond Police officers; one in front of his car and several others behind and on either side. Schmidt was unable to leave the Rear Parking Lot as his car was surrounded by officers.

Schmidt then asked Frazer his name, who refused, in violation of Richmond Police Department's own policy. Frazer merely repeated that Schmidt needed to leave.

Schmidt asked a second officer standing nearby for his name and was told 'I'm not allowed to give out that information,' again in violation of Department policy. Schmidt advised that he needed someone's name in order to follow up with Richmond Police. None of the officers would identify themselves.

Schmidt then advised Frazer and the other Richmond Police officers that he would leave and put his car into 'drive.' As he was leaving, Schmidt reached for his smart phone, held it up for the officers to see, and advised he was going to snap a quick picture of the scene before he left.

Frazer's knee-jerk reaction to Schmidt's attempt take a picture was to reach through Schmidt's window while he was driving. Frazer advised Schmidt that he was under arrest and that he needed to get out of the car. Frazer and another RPD officer opened Schmidt's car door to forcibly yank him from his car. Schmidt advised that his car was in 'drive' and that he needed to put it in 'park.'

By this point, several Richmond Police officers were unnecessarily screaming at Schmidt. Frazer advised Schmidt that was he going to jail and began to process him for arrest.

Richmond Police officers thereafter zip-tied Schmidt's hands incredibly tight and detained him while Frazer began to write up the paperwork.

Schmidt again calmly advised the unknown Richmond Police officers that he was a lawyer and there were no grounds to arrest him, quoting the applicable Virginia code sections on criminal procedure (Virginia Code § 19.2-74), which states essentially that an officer shall release someone accused of a misdemeanor on summons, rather than arrest, unless the officer can determine that person is a flight risk, danger to themselves or others, or will not stop doing the offending action.

A few minutes later, a higher-ranking Richmond Police officer, or unknown

Supervisor Doe, drove over to where Schmidt was being detained and spoke with Frazer. After this, Frazer turned on his body-worn camera. Frazer then begrudgingly advised Schmidt he would be released on summons and Schmidt was given a ticket.

Frazer did not have probable cause to arrest Schmidt or issue him a citation, and instead it was a pretext employed by Richmond Police to harass and intimidate in retaliation for Schmidt’s attempt to take a picture of the scene.

The zip-ties, now removed, left painful marks on Schmidt’s wrists where they had been placed by the officers.

Because his signature was illegible on the summons, Schmidt asked Frazer to clarify his name. Frazer said his name for the first time and walked away in a gruff manner. As he walked away, Frazer stated to other officers present that he was 'definitely getting sued for this.'"

Frazer did, indeed, get sued for this. Excerpt from Schmidt v City of Richmond et al, Case 3:22-cv-00404, Amended Complaint, Document #139.