HMPD Completes Investigation of March 20, 2016 Traffic Stop.
Press Release
March 20, 2016
The internal inquiry into the vehicle stop by our agency that occurred on the evening of March 20, 2016, has been completed. After a thorough review of witness statements and video footage, as well as consulting with police use of force subject matter experts from the North Carolina Justice Academy and with the Cumberland County District Attorney’s Office, we have determined that the Officers involved in this specific vehicle stop, did not violate any state statutes, department policy, or established police practices currently being taught in Basic Law Enforcement Training.
Any Police use of force incident must be reviewed with consideration of the totality of the circumstances, and whether the force used was reasonable and, necessary. In this particular case, force was in fact used against Andre James McRae by the Officers on-scene. It is also true that Mr. McRae was handcuffed at the time force was used to gain control of him. Handcuffs may diminish a threat posed to an Officer but, they do not remove the threat as evidenced by Mr. McRae’s violent resistance to lawful arrest by our Officers. During this incident, our Officers used only the force necessary to gain control of Mr. McRae, who was violently resisting and assaulting the Officers with his legs and head. Officers escalated their force to prevent being assaulted and, once control of Mr. McRae was gained, the Officers properly de-escalated their use of force in compliance with N.C.G.S. 15A-401d (2).
It should be noted that the video posted to YouTube is only a 3 minute and 17 second portion of an incident that lasted approximately 51 minutes from the beginning of the encounter to the subsequent transport of Mr. McCrae.
This video gives the false impression that the individual that was arrested, was already secured in the back seat of the police vehicle at the time Officer S. Owens walked around to the other side of the vehicle, which is inaccurate.
What is not seen in the YouTube video is Mr. McRae holding his feet out of the driver’s side passenger door of the vehicle preventing the door from being closed. As Officer Dillon and Officer Phillips attempted to get him into the vehicle, Officer Owens went to the passenger side to pull Mr. McCrae completely into the vehicle. When Officer Owens attempted to pull Mr. McCrae into the vehicle, he began kicking at Officers Dillon and Phillips, and attempted to strike Officer Owens with his head, and was attempting to push his way out of the vehicle onto Officer Owens.
Video of the traffic stop can be viewed at http://nc-hopemills.civicplus.com/193/Professional-Standards
Address/Location
Hope Mills Police Department
5788 Rockfish Rd
Hope Mills, NC 28348
Contact
Emergency: 9-1-1
Non-emergencies: 910-425-4103