No charges for woman who filmed police in Shockoe Bottom

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.

Police arrested seven people on charges including felony assault of a police officer and possession of marijuana with intent to distribute.

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 moved up and 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."

Herring said his decision not to prosecute Jefferson should not send a message that people can get away with ignoring officers' commands in chaotic situations. Police are allowed to use "a minimum amount of reasonable force" to remove someone they believe is posing a risk, 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. The summons against Jefferson lists the arresting officer as A. Henning.

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

Attempts to reach Jefferson and her attorney also were unsuccessful. A phone message left for an NAACP representative was not returned.

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