Pubdate: Thu, 26 Aug 2004
Source: Charlotte Observer (NC)
Copyright: 2004 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Author: Robert F. Moore
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/find?225 (Students - United States)

PARENTS COMPLAIN OF POLICE ACTIONS NEAR SCHOOL

Panel Will Review Chief's Action

A hand-to-hand exchange of something in a small plastic bag drew what
a pair of south Charlotte parents say was an excessive display of
force by police and false accusations that their son was dealing drugs.

Charlotte-Mecklenburg police, who reviewed the family's complaint
after an internal affairs investigation, say the officers acted
appropriately on the scene.

The Feb. 13 incident in a parking lot next to Charlotte Catholic High
School will be the focus of a hearing today by a rarely used citizen
panel. The Citizens Review Board will decide whether Police Chief
Darrel Stephens abused his discretion in the handling of the case.

The primary complaint involved Officer Mike Peacock.

The 11-member board, created in 1997 after three black motorists were
killed by white officers, has never disagreed with any discipline made
by a Charlotte-Mecklenburg police chief. The board reviews cases only
after the complaints are investigated by the internal affairs unit.

If they decide on a hearing -- generally in cases involving
allegations of misconduct, use of force, or improper searches -- they
can make recommendations to the chief and city manager. The board
doesn't have the power to discipline officers.

The hearing is the first for the board this year. It begins at 8 a.m.
and involves 17-year-old Zachary Myers, his parents, witnesses and as
many as eight officers. Each side agrees on at least one point:

Something in the plastic bag was green.

Police, who had the area under surveillance based on previous
complaints from the school, say the contents of the bag appeared to be
marijuana.

Zachary, according to police, had the bag in his hand before he was
approached by a classmate in another vehicle. Police believe Zachary
handed the bag to the other teen, who later drove away before officers
could stop the car.

According to a Charlotte City Council memo, officers found neither
drugs nor significant amounts of cash during their search of Zachary's
vehicle. He wasn't charged. Relatives couldn't be reached.

James Chandler, an attorney for Zachary, said there's a clear
explanation why his client was not arrested. He said the bag contained
two packs of cigarettes -- Newport and Kool. Each has the color green
on the label. And he said it was the classmate who handed Zachary the
bag.

"They're accusing kids of felonies when there's no evidence," the
Charlotte attorney said.

Peacock's attorney, Joyce Brooks, said there was probable cause to
arrest Zachary based on the officer's observations. The officer asked
for the teen's cooperation instead of creating an arrest record that
would have followed Zachary for the rest of his life, Brooks said.

Charlotte Catholic has a security camera that was pointed in the wrong
direction and didn't record anything useful to the case, said a source
close to the investigation.

Chandler said the officers used an "unreasonable display of deadly
force" by drawing weapons. Police say drug transactions often involve
firearms. Brooks added that the officers put their guns back into
their holsters as they got close to the vehicle.

The Myers family also complained about Peacock's conduct during a
meeting about the incident, city records show. Sources familiar with
the case said the family accused the officer of harboring resentment
toward children of wealth and privilege.
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