Incident IPA-21-04-Police-Brutality

Incident Description

Police Narrative (Not Verified):

“On January 18, 2021, a Loss Prevention employee of JC Penney, Springfield Towne Center location, saw two individuals (hereinafter “ND” and “MM”) shoplifting merchandise from the store. A call for service went to the Fairfax County Police Department (hereinafter “FCPD”). Master Police Officer #1 (hereinafter “MPO#1”) and Police Officer First Class #1 (hereinafter “PFC#1”) responded to the call and located ND and MM as they approached a car in the parking lot outside of JC Penney.

MPO#1 and PFC#1 were not in FCPD police uniforms because they were working in plainclothes at the mall location; consequently, neither was wearing a body-worn camera (hereinafter “BWC”). They identified themselves and took ND and MM into custody and escorted them back into JC Penney to investigate the shoplifting. As MPO#1 walked with ND down a hall toward the Loss Prevention Office, he verbally explained to ND that he needed to remove the keychain dangling from ND’s pants near her waist because of the small canister of pepper spray that was on the keychain. When he reached for the keychain/pepper spray, ND (who was not handcuffed) immediately grabbed MPO#1’s arm and began to fight him. He reacted by trying to grab her arms and they both fell to the ground. At this point, MPO#1 felt a sharp pain in his left hand and realized ND was biting him. He grabbed her hair weave and pushed her head toward the floor, causing her to stop biting his hand. She continued fighting by trying to strike, kick, and again bite MPO#1. PFC#1 joined the struggle and utilized a knee strike to ND’s hip to help get control of her. MPO#1 and PFC#1 got control of ND’s arms. With the help of a third FCPD officer (hereinafter “PFC#2”), who was in uniform and equipped with a BWC, 2 they were able to secure ND in handcuffs. Even after being handcuffed, ND tried to kick the arresting officers.

An FCPD Sergeant (hereinafter “SGT#1”) responded to the location due to ND complaining about the force used on her. She had no visible injuries and she declined medical treatment for herself. Regardless, ND was transported to the hospital so that blood could be drawn because of her biting MPO#1 and breaking the skin of his hand when she did. During an 1 MPO#1 recalled advising ND, and the JC Penney Loss Prevention employee confirmed that ND was advised. 2 The day of this incident was the first day that PFC#2 was equipped with a body-worn camera, and he forgot to activate it until the struggle had been resolved and after ND was handcuffed. He did record the remainder of the incident.

This occurred before PFC#2 activated his body-worn camera, but was detailed by both PFC#1 and the JC Penney Loss Prevention employee during interviews of them. 2 interview conducted on January 26, 2021, ND claimed she sustained injuries during the incident eight days earlier. She stated that she went to Alexandria Hospital on January 20, 2021, and that they recommended a CT scan, and to consult an orthopedic for her knee pain.”