No charges for woman who filmed police in Shockoe Bottom

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Richmond's top prosecutor will not pursue a case against a woman who was arrested after filming police as they performed crowd control in Shockoe Bottom last year.

Commonwealth's Attorney Michael N. Herring said yesterday that he is withdrawing a charge of impeding traffic against Joanne Jefferson because the statute is meant as a traffic-safety law, not as a measure to enforce crowd control.

Herring also concluded that police did not act with excessive force during the Sept. 14 incident, as Jefferson had claimed during a news conference held nine days after her arrest by the Virginia State Conference of the National Association for the Advancement of Colored People.

"Based on everything that I've seen," Herring said yesterday, "I see no evidence that would support a criminal investigation of a police officer."

Jefferson, 36, has said she was videotaping a celebration of a movie premiere at a bar in the 1700 block of East Main Street on Sept. 14. Hundreds of people streamed outside at closing time about 2 a.m.

She filmed officers as they reacted to two fights. Herring said she disobeyed police orders that she move away.

Jefferson has said she started to move but continued filming.

Herring said Jefferson could have been charged with obstruction of justice, instead of impeding traffic, because she distracted officers as they tried to maintain order.

After the second fight erupted, Jefferson was filming within a few feet of officers as they were arresting someone else, Herring said.

Herring said he will not charge Jefferson with obstruction of justice because he doesn't believe her actions rose to the level necessary to get a conviction.

"To go back now and charge her with obstruction really won't accomplish anything," he said. "The incident is long done."

But not resolved, said King Salim Khalfani, executive director of the state NAACP. He said the organization will continue to press police to release the findings of its internal investigation of the incident.

"The charge was bogus from the beginning," Khalfani said. He contended that prosecutors held the charge over Jefferson's head until they realized she did not intend to file a civil suit.

"What it appears is they were going to string this thing out and try to make her guilty of something she didn't do, just worried about money and a lawsuit," he said.

At the NAACP news conference Sept. 23, Jefferson said she had filed an excessive-force complaint with the Richmond Police Department because an officer grabbed her arm, pushed her against a wall and put her on the ground.

Police have declined to name the officer against whom the complaint was made.

Richmond police officials yesterday did not respond to voice messages or an e-mail requesting information on the status of the excessive-force complaint.

Attempts to reach Jefferson and her attorney also were unsuccessful.



Contact Reed Williams at (804) 649-6332 or .

Staff writer Michael Paul Williams contributed to this report.

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Reader Reactions

Flag Comment Posted by SgtJolt on June 10, 2009 at 11:44 am

I can promise you the last thing an officer wants to do is waste 2-3 hours of their shift with a petty offense like this, especially when they have a larger incident to deal with such as they had.

“Never argue with a fool…at a distance no one can tell which one is the fool” - Chinese Proverb

Flag Comment Posted by lakotahope on June 10, 2009 at 10:14 am

If they really wanted to put her in jail, they would have filed “Obstruction of Justice” charges on her. But, as the prosecutor said, there wasn’t REALLY enough evidence for that.  So, the police hit her with a “impeding traffic” which would not carry a jail sentence and she probably was released without a bond. The cops just wanted to remove this woman and her camera.  Especially the camera. It worked just like they wanted.  They didn’t have to waste their days off from work to even go to her court case as they probably asked the prosecutor to drop the charges before her scheduled trial was to commence. But she does have an arrest record now that will show up on any “Background Check” she receives—especially for a new job.

Flag Comment Posted by lakotahope on June 10, 2009 at 10:05 am

Ok, I’ve been arrested and I know how they work. I know the procedure as it pertains to the “handcuffed” person. They present the case to the magistrate while you stand in front of a camera. So whatever the police say, the magistrate is going to proceed on THAT
Data, not your presented evidence, because this is not a trial.  He may give you LOW Bond, NO Bond, or HIGH Bond. He will not dismiss the charges.  The magistrate is only an average citizen sometimes hired through the newspaper.  No Special Skills as a Litigator Required.  Anyway, my point is that they GOT HER OFF THE STREET LONG ENOUGH FOR THEM TO FINISH THEIR DUTIES AT THIS TIME….Doesn’t matter to them afterwards if she isn’t convicted….Cops are ok with me, it is the prosecutors I don’t like—these guys grandstand their cases sometimes so that they may be elected to the “Commonwealths Attorney” slot….

Flag Comment Posted by Richard Knoggin on June 10, 2009 at 9:53 am

You are on the road to recovery but you passed by a major intersection without listening to your tomtom. The Magistate does the bond hearing after they determine enough probable cause exist to write the warrant. Once the Warrant is served THEN they conduct the bond hearing. The magistrate should recognize whether Probable Cause does or does not exist. If the Magistrate refuses to write the warrant then the person is free to go. I’ve been arrested enough times to know the procedure, As the great Jimmy Carter would say, “Trust Me”. Just Kidding, I’ve never been arrested but I did stay at a Holiday Inn Express last night where I watched backt to back Episodes of Law and Order and CSI.
So back to my original point the police can’t just lock anyone up…they have a third party who is neutral to determine if an arrest warrant is appropriate. It is too bad you hate the police so much. Whatever happened to you,let it go, let it go, let…it…go…

Flag Comment Posted by lakotahope on June 10, 2009 at 9:34 am

( Richard Knoggin ) I’m impressed only a true druggie would know what a whippet is….Anyway, I stand by my post… when they cuffed her, she was going straight to the lockup. Then she goes in front of the magistrate, who is on a CCTV. Then he decides to bond you or not. The arrest warrant stands until the prosecutor decides what to do with it. Yup, they got her out of their way, no more filming, and she got a trip downtown to 9th street.
***I didn’t smoke or do any drugs until I went to college **** Higher education freed my mind…. Retired from that C*** now..

Flag Comment Posted by Richard Knoggin on June 10, 2009 at 8:13 am

LH, If you had been paying attention in 7th grade Social Studies class instead of doing Whippets and Bonghits you would understand the Magistrate’s roll in the arrest process and quickly realize your accusations are false and foolish.

Flag Comment Posted by lakotahope on June 10, 2009 at 7:24 am

The police will file any charge on a person if they feel so inclined.  There is no law for the police to follow, nor any regulation which states, that police cannot file frivolous, unmerited charges against citizens.  They just wanted her out of the way. Also, if they got “rough” with an arrestee, then they wouldn’t end up on YOUTUBE….
If I thought I had a viable lawsuit to through against someone, I wouldn’t let a little charge such as “Impeding the flow of Traffic” stop me. Minimal charge for maximum monetary gain. Too Bad the NAACP is nosing around. I don’t put any credence into her allegations any longer….

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