Two federal lawsuits were filed Thursday against the Burlington Police Department claiming excessive force, prompting the department to commit to releasing body cam footage of both incidents, which until now they had kept from public view.
The lawsuits stem from separate incidents, which occurred within a two-day stretch last September at Burlington bars, that led to calls to police. One of the incidents led to an officer’s suspension without pay for an undisclosed period of time.
Charges related to the incidents have been dropped against all four plaintiffs in the two cases.
Burlington Police Chief Brandon del Pozo said Thursday evening that he planned to hold a press conference Friday to discuss the lawsuits and the department’s response. He said he also intends at the press conference to release body cam footage of both incidents.
The lawsuits are both filed by the firm Chadwick and Spensley, which has offices in Brattleboro, Pittsford and Randolph. Attorney Evan Chadwick brought one of the cases, while his firm’s partner, Robb Spensley, filed the other.
Neither attorney could be reached by phone Thursday evening. Attempts to reach the plaintiffs via social media were unsuccessful. Del Pozo said the officers involved were unlikely to comment on open litigation.
Meli brothers lawsuit
Chadwick’s case stems from an incident occurring around midnight on Sept. 9, 2018, at the What Ales You bar on St. Paul Street in Burlington.
The lawsuit is brought by three brothers, Albin, Charlie and Jeremie Meli, who allege they were at the bar with another person when Jeremie Meli went to the restroom he got into a “verbal altercation” with some “unidentified males.”
The bar’s owner, Sinan Eren, called police and followed Jeremie Meli outside the restaurant as the other brothers were also leaving, and Sgt. Jason Bellavance arrived on scene.
“Despite there being no physical altercation between Sinan and Jeremie, Defendant Bellavance shoved Jeremie in the chest with full force and with both hands,” the lawsuit stated.
“Jeremie fell backwards striking his head on a wall, which rendered him unconscious,” according to the filing. “The sound of Jeremie’s head hitting the wall and his eyes rolling back into his head can be clearly heard and seen on body camera.”
The lawsuit stated that Jeremie Meli was “rendered” unconscious by the blow.
“Jeremie continues to suffer injuries as a result of the battery of Bellavance including vision, balance and comprehension difficulties that have required special accommodations to be made for Jeremie as he pursues a medical degree,” according to the lawsuit.
The other officer named in the complaint is Cory Campbell, who was placed on leave after Vermont State Police opened an investigation into a separate incident outside UVM Medical Center, when he punched a man who died a few days later.
As Jeremie Meli was being arrested, the lawsuit stated, Albin Meli put his hand on Campbell, who had also arrived at the scene, and asked him to stop, according to the lawsuit.
That’s when Campbell, Bellavance and other officers tackled Albin Meli to the ground, causing him to tear ligaments in his thumb, the lawsuit stated.
All three brothers were charged in connection with the incident at the bar, but the cases were later dismissed. Del Pozo said Thursday evening that the case against Jeremie Meli was dismissed when a person he allegedly punched in the bar declined to press charges.
Charges against the two other brothers were also dismissed, however, del Pozo said he couldn’t reveal the reasons why. Eran could not immediately be reached Thursday evening for comment.
Del Pozo said he was not aware that Campbell, who he said had a spotless record before the UVM Medical Center incident, had been accused of causing an injury in the Meli incident, until the lawsuit was filed.
The chief said the suspension he issued Bellavance was the second longest during his time running the city’s police force, but he declined to say how long it lasted. He said the officer is now back on duty.
This video contains graphic scenes.
Mabior Jok’s lawsuit
In the second suit, filed by Spensley, Mabior Jok accuses Joe Carrow, a Burlington police officer, as well as Bellavance and del Pozo, of violating his rights and causing physical and mental damage.
It says that Carrow approached Jok as he was fighting with another man, described only as wearing a Red Sox baseball cap, on Main Street in Burlington.
“Corrow approached Mabior from outside Mabior’s line of sight, without announcing himself or issuing any instructions, and grabbed and slammed him to the ground rendering Mabior unconscious,” the lawsuit says.
The lawsuit says the altercation drew the attention of bystanders, two of whom recorded the altercation. When Bellavance arrived at the scene, Corrow told him that Jok was “fine,” the lawsuit says, and later told Jok that he was “slammed” because of “what you were doing.”
“Mabior was left face down on the ground in a pool of his own blood for nearly a minute before being placed in the recovery position,” the lawsuit says. “Mabior was spitting up blood in the recovery position.”
As first responders and medical workers arrived at the scene, Corrow turned the audio on his body cam on and off, the lawsuit alleges.
The lawsuit says that Corrow’s use of “excessive force and physical brutality” constituted illegal seizure and caused mental trauma and physical damage.
Del Pozo said that charges of resisting arrest and disorderly conduct were dropped against Jok because he was already facing more serious charges related to aggravated domestic assault. A hearing in that case is set for June 5.
The police chief said a review of the incident did not lead to punishment of Corrow, because he was using force to break up a fight. He said the department did advise officers to call for backup and use verbal warnings first when breaking up fights in the future.
This video contains graphic scenes.
City’s personnel policy
The police chief said there were two internal investigations, one for each incident. In the Meli case, the investigation found that Bellavance’s use of force was “either unnecessary or departed from training.”
In the other case, del Pozo said the probe found that Corrow “created an unnecessary risk by failing to radio in his location and ask for assistance before engaging the suspect.”
Corrow was not suspended as a result of the incident because his actions did not violate any specific directives, the police chief said.
Del Pozo added that Chittenden County State’s Attorney Sarah George had reviewed the cases and determined that criminal charges were not justified. And he said defense lawyers in the state had been informed about the result of the internal review into the Meli case, as Bellavance’s actions might impact other cases involving their clients.
Del Pozo said the body cam footage that will be released on Friday would show that his department created a redacted version of the videos in November, when he was “contemplating releasing to the public last year and the prevailing policy of the city is to not disclose personnel matter.”
Asked if the public had a right to know when officers were sanctioned as a result of internal investigations, del Pozo said, “Those are great questions,” adding, “I think you can see there’s a tension between the public’s right to know on matters of police misconduct and the city’s blanket policy not to discuss city personnel records.”
He said that he would begin seeking changes to city policies to allow police to meet privacy expectations while also giving the public access to information.
“It’s important to create a system by which the public can be apprised of serious disciplinary findings in the police department without upending personnel policies completely, that may be anonymized disclosure or it may take some other form,” he said, “but it’s something that we need to pursue because public trust depends on it.”
