Case dropped for Arkansas lawmaker filming police

LR chief offers an apology; won’t accept, says Walker

In this photo taken  March 25, 2015, Rep. John Walker, D-Little Rock, speaks during a meeting of the House State Agencies Committee at the Arkansas state Capitol in Little Rock, Ark.
In this photo taken March 25, 2015, Rep. John Walker, D-Little Rock, speaks during a meeting of the House State Agencies Committee at the Arkansas state Capitol in Little Rock, Ark.

Little Rock police on Tuesday dropped a misdemeanor charge against a state representative who was arrested after filming a traffic stop the previous day.

The department said in a statement that it had reviewed the arrest of Rep. John Walker, D-Little Rock, and that Walker, 79, no longer faces a charge of obstructing governmental operations. Additionally, Police Chief Kenton Buckner wrote a letter of apology to Walker and opened an internal investigation of the arrest.

Walker, who is also a prominent civil-rights attorney, was arrested about 11:30 a.m. Monday after he and another Little Rock lawyer, Omavi Kushukuru, 29, stopped to record officers conducting a traffic stop involving two black men downtown, according to a police report.

Officers reported that Walker and Kushukuru got too close to the traffic stop at Commerce and East Ninth streets and refused to back away. After the officers warned Walker that he would be arrested, Walker reportedly replied, "Arrest me."

[APOLOGY LETTER: Little Rock Police Chief Kenton Buckner apologizes to state Rep. John Walker over arrest]

[DOCUMENT: Read Walker's response to Little Rock police's apology]

Kushukuru also was arrested and charged with obstructing governmental operations. Police said Tuesday that the case against him will continue. His first court appearance was set for Monday.

Walker and Kushukuru did not return calls seeking comment but Walker sent a letter to Buckner and City Manager Bruce Moore stating that he could not accept Buckner's apology.

Little Rock police released Buckner's letter to Walker under a public-records request. In the letter, Buckner told the lawmaker that he had reviewed the case, spoken to a city attorney and "concluded that you should not have been arrested."

Buckner also wrote that Walker will be reimbursed $1,000 he posted for bond after being booked at the Pulaski County jail.

"In light of my conclusion, I am writing to extend an apology on behalf of the Little Rock Police Department ... I hope that these actions will allow us to move forward in a positive and constructive manner," he wrote.

In his letter to Buckner, obtained by Arkansas Online, Walker wrote that actions of police have a "grave negative impact on the Little Rock black community's relationship with the LRPD."

"I appreciate your effort to address the matter by providing further training to your officers," Walker wrote. "However, you must also recognize the issue of racial bias that is pervasive in some quarters of the police department."

Walker's letter also said black officers at the traffic stop "did not speak to us and appeared to be taking orders."

Police spokesman Lt. Steve McClanahan said he did not have details of Buckner's review of the arrest.

"The chief caught wind of it and there are certain things that rise to that level of attention," he said.

The officers involved in the arrest remained on duty Tuesday as the internal investigation continued, according to McClanahan. He said the department is looking into whether any policy violations occurred in the arrest. Police are reviewing the case for training purposes, as well.

The department has no written rules governing officer interaction with people filming police.

Arkansas passed a law in 2015 that states residents have a right to film or photograph in public spaces, and that public officials may not confiscate a recording device or interfere with recording, with few exceptions. Walker co-sponsored the bill along with Rep. Richard Womack, R-Arkadelphia.

Walker, who was elected to the Arkansas House of Representatives in 2011, wasn't the only one filming on Monday. Police said a dashboard camera in a patrol car recorded the traffic stop and the dispute with the lawmaker.

McClanahan said the video likely will be released today, in response to multiple requests for the footage under the Arkansas Freedom of Information Act.

Officers reported that Walker was "antagonistic and provocative" during the encounter. While filming the traffic stop, he told the two men stopped by police, "I'm just trying to make sure they don't kill you," according to a police report.

Police arrested Cedric Bell, 27, and Gary Gregory, 24, in the traffic stop. Bell reportedly had been driving without a license and was wanted for arrest in a theft-of-property case. Gregory was wanted for arrest on a charge of failure to appear.

During the arrests, Kushukuru reportedly walked between Bell's vehicle and a patrol car after being told to back away. Police said Walker approached Bell's vehicle, but then walked onto the sidewalk.

After the two were arrested and taken to the Pulaski County jail, Walker, who is black, told a jailer, "I only want to file a complaint against the white officers," a police report states.

McClanahan said Tuesday that multiple complaints had been filed in connection with the arrest. He said he did not know whether Walker and Kushukuru had submitted the complaints, or employees of the Walker Law Firm had filed the complaints on their behalf.

Little Rock Fraternal Order of Police President detective Tommy Hudson said the group would not comment directly on the case until the Police Department's internal investigation had been completed.

"Our position is we want to make sure our police officers are being treated fairly," he said. "They're out there doing a difficult job, and with what's going on across the United States, with what's going on with officers being shot and killed, they're on a little higher alert."

Walker opened his law firm in Little Rock in 1965. He has won numerous federal civil-rights lawsuits against Arkansas businesses and state agencies on claims of unfair and discriminatory practices. Walker also sued the Pulaski County, Little Rock and North Little Rock school districts over segregation.

Walker was arrested in a confrontation with Pine Bluff police in 1989, but a charge of obstructing governmental operations was later dropped.

Information for this article was contributed by Brandon Riddle of Arkansas Online.

Metro on 09/28/2016

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