The Burlington Police Commission heard two distinct versions on Tuesday of why a “crowd control team” fired pepper balls, rubber pellets and pepper spray at protesters who blocked buses at the Hilton Hotel on July 29.
Several people who were present, including two activists who were injured during the incident, disputed statements in an after action incident report that was presented to the commission by Police Chief Michael Schirling. They also repeated the call for an independent investigation.
After listening to conflicting accounts the five police commissioners assembled their own set of questions and outlined the next steps. Chairman Jerome O’Neill explained that the commission does not have the capacity to conduct its own investigation. But it plans to collect more information and possibly recommend how the issue should be handled to the City Council.
“Our role is policy review,” Commissioner Sarah Kenney argued. “We should look at the policies that were governing. This is not the last time we’re going to see people engaging in civil disobedience in this city.”
Fending off occasional interruptions from members of the audience, O’Neill led a brainstorming session that resulted in a list of questions to which the commission wants answers. Additional comments and information will be sought for the next three weeks. Material submitted by Sept. 20 will become part of the process during the group’s next meeting at 6 p.m. Sept. 27 at the police station. (The date was set for the 26th, but was changed to accommodate the Yom Kippur holiday.)
Schirling argued that the difference between the July 29 events and many previous civil disobedience actions in Burlington was the behavior of the protesters, but also acknowledged that “insufficient resources” were deployed to handle the situation.
Most speakers during a public forum that followed Schirling’s summary disputed his analysis and charged that the arrival of police in what they called “riot gear” only served to escalate the situation. They also complained that having the department investigate its own actions has not produced a balanced or complete report.
Marni Salerno, one of the activists who was injured, said that she was never contacted or interviewed afterward, even though her name is repeatedly mentioned and she appears in numerous photos. “If this was an independent investigation, someone would have asked me a question,” she said. “I have a very different story.”
Specifically, Salerno denied grabbing a police baton, an action described in the report as the reason a pepper ball round was fired at her.
Emily Eck, who was near Salerno at that moment, confirmed her version and said the report has “factual errors.” Albert Petrarca, who was not present during the confrontation but participated in a march through Burlington that preceded it, suggested that “when citizens decided not to play along” with attempts by police to control the route of the march, “someone had to pay.”
The commissioners were initially unsure of how to proceed and had a variety of reactions. Philip LaVigne felt that videos he reviewed “indicate that some people should have been arrested” and “don’t show brutality,” as protesters allege. Paul Hochenadel wanted to know whether the officers involved had followed the appropriate protocols.
Commissioner William Bryant, asked why those organizing the protest chose not to communicate with the police prior to the incident. “What happened is not what we want to see,” he insisted. However, he also said that he saw “very uncivil behavior” in some videos. “If the police exceeded their authority, then take it to the state’s attorney.”
O’Neil was more nuanced. Based on the testimony and report presented Tuesday, one of his questions is whether the use of force was consistent with departmental policy, and how that policy compares with “national best practices.”
Jonathan Leavitt, a protester who was injured by rubber pellets, wanted assurance that any investigation “won’t die in committee.” O’Neil urged patience, but added, “I don’t know what will happen.”
Commission Liaison Greta Dumas can be contacted at 802-540-2107, or gdu-mas@bpdvt.org for more information. Updates will be posted on the police department website: www.bpdvt.org/
