Updated: 4:30 p.m., Wednesday, Dec. 29, 2021
Cleveland's internal probe into the 2019 police pursuit that resulted in the death of 13-year-old Tamia Chappman in East Cleveland was riddled with mistakes, according to a new report from the city's police monitor.
Most notably, a police lieutenant who assisted in overseeing the pursuit also handled the follow-up investigation, the monitoring team wrote.
鈥淸The Cleveland Division of Police] conducted its investigation in a manner where the result was a foregone conclusion,鈥 the monitoring team wrote in an 11-page report filed in federal court Monday. 鈥淭he Deputy Chief (Executive Officer) and the Chief of Police failed to ensure accountability by structuring the investigation in such a way that a truly objective evaluation of officer and supervisor conduct was impossible.鈥
Following the Dec. 20, 2019, pursuit, Deputy Chief Joellen O鈥橬eil assigned the investigation to Lt. Gregory Farmer.
Based in part on Farmer鈥檚 findings, Cleveland Division of Police faulted the two officers in a trailing car during the pursuit, Dustin Miller and Felica Doss, for joining the pursuit without direct approval and failing to turn on their body cameras.
None of the other officers or supervisors involved faced any discipline based on Farmer鈥檚 investigation.
鈥淭he result of the pursuit, the death of an innocent child, would clearly weigh heavily on any and all of the involved officers,鈥 the monitoring team wrote. 鈥淚t is illogical to expect a police supervisor, personally involved in a fatal pursuit, to conduct an objective investigation and assessment of the incident.鈥
An Office of Professional Standards investigation prompted by a civilian complaint from Zondra Mason, the mother of an 11-year-old girl who was with Tamia Chappman at the time of the crash, resulted in several findings that contradicted the CDP.
That investigation, obtained by 海角破解版, found that Farmer was with the supervisor in charge, Sgt. Michael Chapman, during the pursuit and issued some orders to participants in the pursuit.
Multiple officers told OPS investigators that Famer did not interview them during his follow-up review. Farmer also did not take into account a separate report on the pursuit conducted by East Side suburban police departments at the request of East Cleveland police, according to the monitoring team.
That report found the suspect vehicle and the lead pursuit car traveled at about 90 mph on Euclid Avenue on a Friday afternoon just before the crash. Cleveland鈥檚 review, based largely on self-reported speeds and retracing the route, estimated the top speed at 75 mph.
鈥淚n virtually all respects, we find that the processes used by the Cleveland Division of Police were deficient, non-compliant with the Consent Decree, and insufficient to support reasonable and rational decision-making on the part of Department of Public Safety leadership,鈥 the monitoring team wrote.
The city did not respond to a request for comment.
But in a response filed in court Tuesday, Cleveland鈥檚 law department disputed the monitor鈥檚 findings, saying the pursuit was justified because of the nature of the alleged crime leading up to it.
鈥淎n armed carjacking is a violent act that presents an immediate and continuing danger to the public,鈥 the city wrote. 鈥淔ully recognizing the extreme tragedy and trauma associated with the death of Tamia Chapman and the injury of her younger companion caused when the driver of the carjacked, stolen vehicle lost control, the Cleveland Division of Police initiated an investigation pursuant to its Vehicle Pursuit Policy.鈥 (The city misspelled Tamia Chappman's name.)
The city called the monitor鈥檚 criticism of the decision to have Farmer handle the follow up investigation as 鈥渦nsupported opinion鈥 but did not directly dispute that he was also involved in overseeing the pursuit.
In defending the department鈥檚 handling of the investigation, the city鈥檚 chief counsel, Gary Singletary, and law director, Barbara Langhenry, cite General Police Order 3.2.02, which governs pursuits and states:
All pursuits that result in accidents where property damage, injury, or death occurs shall be the subject of an investigation. The investigation shall be conducted by the superior officer of the controlling supervisor who monitored the pursuit. If that supervisor was also involved in the pursuit, it shall be investigated by the superior officer next in that chain of command. [emphasis added]
According to the monitor, Farmer should not have been involved in the investigation, based on the same policy cited by the city to defend the investigation. Farmer was the supervisor of the pursuit鈥檚 controlling supervisor, Sgt. Chapman.
The filing also defends the city鈥檚 omission of the higher speeds found in the EDGE report and an investigation prepared by the East Cleveland Police Department.
鈥淐DP鈥檚 Accident Investigation Unit received the reports identified in the Monitor Review as the EDGE Accident Investigation Unit and the Traffic Crash Report (OH-1),鈥 the city wrote. 鈥淲hile the EDGE report and the OH-1 were not directly referenced therein, the Accident Investigation Unit鈥檚 report contains more relevant pursuit detail than those reports.鈥
There is no explanation of why the higher speeds found in the EDGE report using surveillance footage from the route were disregarded in favor of the lower speeds reported by officers.
Chappman and Mason's 11-year-old daughter were walking from school to the library when they were hit by the suspect鈥檚 car. The 11-year-old survived after being taken to the hospital.
鈥淚 mean you鈥檙e driving 90 miles an hour, kids are walking down the street, officers are screaming, 鈥楽low down,鈥 and then afterwards the officer who was in the incident opines, 鈥業 feel guilty鈥t was my fault,鈥欌 Stanley Jackson, the attorney for the Mason and Chappman families, told Ideastream. 鈥淚 don鈥檛 know how much worse it can get.鈥
Jackson said his clients are looking for accountability for the officers and supervisors involved.
鈥淭hey violated so many parts of their policy at every level that they knew this thing was going to be huge and they did everything they could to cover up how bad this chase was,鈥 he said.
The investigation by OPS recommended discipline for nine officers. Ultimately the Civilian Police Review Board concurred with OPS on discipline for four. OPS found that the officers and supervisors should have given more weight to the time of day and the threat the pursuit posed to innocent bystanders.
Ultimately all of the OPS recommendations were dismissed by Chief Calvin Williams or Public Safety Director Karrie Howard.
The monitor鈥檚 report also raised several concerns about the process that lead up to Howard鈥檚 ultimate decisions on discipline. Among the issues raised was a Dec. 3, 2020, newspaper article, written after Williams and Howard sat for . They both said officers properly handled the pursuit that led to Chappman鈥檚 death.
OPS, which reports to the public safety director, had not yet completed its investigation when Howard made his comments.
鈥淲e would expect that, prior to speaking publicly about such a significant incident, the Director would have conferred with the OPS about the existence of an investigation and any issues that had been identified at that point in time,鈥 the monitoring team. 鈥淎 reasonable observer would be led to question whether the Director鈥檚 ultimate findings were based on an objective evaluation of the evidence or were made to justify his prior public statements.鈥
Cleveland defended Howard鈥檚 comments, saying he was responding to specific questions from the media.
鈥淭he Director is the supervisory authority over the CDP and was answering fact-based media questions predicated on the CDP鈥檚 investigation,鈥 the city said in its response.
Ultimately, the monitor highlighted seven problems with the city鈥檚 handling of the investigation, focused on the internal investigation and the city鈥檚 dismissal of the discipline recommendations forwarded by the Civilian Police Review Board.
The monitor described the episode as a clear violation of the consent decree and a failure on the city鈥檚 part to show that accountability measures put in place by the six-year-old agreement with the U.S. Justice Department have taken hold.
But in closing, the monitor struck a hopeful note about the transition to a new mayoral administration. Mayor-elect Justin Bibb will take over from ougoing Mayor Frank Jackson on Jan. 3.
鈥淲e do look forward to addressing our concerns with the new City leadership with the expectation that future police-involved critical incidents will be investigated and adjudicated in a responsible manner, with collaboration and cooperation between the CDP and the OPS,鈥 the monitoring team wrote.