New cellphone footage reviewed by VTDigger depicts the moments before two Burlington police officers shocked a 19-year-old with a stun gun on Jan. 7 — an incident that has drawn allegations of improper use of force.
The 11-minute video, filmed from inside a nearby home, begins one minute into the officers’ encounter with the teenager. It shows much of the altercation that was not visible in body-worn camera footage previously released by the Burlington Police Department.
The resident who filmed the video posted it publicly on YouTube Monday under a pseudonym. That individual, who asked not to be named, told VTDigger they had been disturbed by the incident and had struggled with the decision to release it for the last month.
Ultimately, the person decided to share the footage. “The Burlington police brought violence to my doorstep,” the person said.
Officer Oren Byrne attempted to detain Mbyayenge Mafuta on the afternoon of Jan. 7, while responding to a report of an attempted car break-in. The caller, according to police affidavits, told dispatch that an individual was trying to open a parked car window with a screwdriver. When interrupted, he dropped the screwdriver and fled down George Street.
The department has released only partial dispatch audio related to the incident and has denied VTDigger’s requests for complete transcripts, so the full extent of the information initially provided to responding officers is unclear.
In the partial audio, however, Byrne is given a description of the individual’s clothing and backpack, as well as his location, all of which matched Mafuta.
‘For walking?’
The first moments of Byrne’s encounter with the teenager were captured in footage from his body-worn camera. However, Byrne’s camera fell to the ground less than a minute into the incident, and was covered with snow, capturing only audio.
The second responding officer, Meaghan O’Leary, did not activate her body camera when she arrived, as is required by department policy. O’Leary has stated that she forgot to do so.
The previously released footage shows Byrne attempting to detain Mafuta, who grows distressed and tries to evade the officer, swearing at him. Byrne calls for backup, and O’Leary arrives shortly thereafter. The two pull Mafuta to the ground, dislodging the body camera.
The new cellphone footage begins seconds after the body camera falls. The resident who filmed the new footage told VTDigger they heard shouting outside and went to the window to investigate. When they saw two officers struggling with Mafuta, they began filming.
The cellphone video depicts O’Leary and Byrne initially attempting to hold Mafuta to the ground. “I’m walking and you want to pull over for f—ing what? For walking?” the teenager appears to say. “Get the f— off me.” He swears repeatedly at O’Leary, and eventually manages to stand up, saying he wants to “knock [her] the f— out.”
Byrne also stands and tells Mafuta to put his hands behind his back. As Mafuta faces away from the two officers, O’Leary shocks his leg with a stun gun. Mafuta screams and falls back. O’Leary then shocks him again, this time deploying the gun’s probes, causing him to fall onto a nearby porch.
The video continues as other officers arrive and Mafuta is searched, handcuffed and driven away.
‘Should be avoided’
Department policy allows for the use of stun guns in response to “active aggression,” defined as “behavior that creates an imminent risk of physical injury to a subject, officer, or third party,” as well as “active resistance,” when officers deem it likely to cause injury.
Though stun guns are sometimes marketed as “non-lethal” alternatives to other kinds of force, they can cause serious — and, at times, fatal — injury. Per guidelines on the use of stun guns from the Police Executive Research Forum, a national law enforcement group that provides training to the Burlington Police Department, “repeated applications and continuous cycling of [electronic control weapons] may increase the risk of death or serious injury and should be avoided.”
The guidelines also state that officers should warn subjects prior to using a stun gun “unless doing so would place any person at risk” — a policy also included in the department’s own use-of-force rules. No warning is audible in the footage.
Although acting Burlington Police Chief Jon Murad has stated that Mafuta was not injured in the incident and that both officers were, use-of-force records obtained by VTDigger show that, in addition to the electric shocks, the teenager suffered wounds from the metal probes of the stun gun, as well as cuts to his hands. Both Byrne and Padric Hartnett, an officer who arrived later, reported that Mafuta was injured.
O’Leary reported a cut on her left knee and a headache, while Byrne reported scratches on his neck. Mafuta is being charged with two counts of assault on an officer for allegedly punching O’Leary and attempting to choke Byrne.
Hartnett wrote that he asked Mafuta three times if he wanted medical attention, “as force was used on him, and he was tased,” but that he declined.
The video continues after Mafuta is driven away, as officers pace the scene for several more minutes. The person who filmed the video told VTDigger they are still mulling over filing a complaint with the city regarding use of force.
Another witness already filed a complaint, bringing the incident to the attention of the police commission, and spurring VTDigger’s initial report on the incident.
‘There has to be a better way’
John Amory, who lives within sight of George Street, was arriving home with his 4-year-old daughter on the afternoon of Jan. 7, when she noticed flashing blue lights behind them. Amory turned to see a police car and two officers struggling with a young man.
“It was jumbled,” Amory told VTDigger, “because I was trying to get my daughter to calm down.” He and his partner brought their daughter inside, and Amory, too, began filming through his window. He watched the fight progress and watched the teenager fall onto the porch.
“It was really disturbing for me,” Amory said. He was unable to shake the teenager’s words, yelling that he was stopped “for walking.” Amory filed a complaint with the city regarding the use of force, and attached his own cell phone footage.
Since Amory submitted his complaint, the city’s police commission has been investigating. The commission can only provide recommendations regarding disciplinary decisions, however. Ultimately, they fall to the chief of police. Local activists want to see this oversight system changed.
Commissioner Melo Grant confirmed to VTDigger that she had received a copy of the footage that was released on Friday. “It provides a very important perspective that was previously absent,” she said.
Murad said he had also reviewed it. “We’re grateful for this additional footage,” he wrote in an email and said it was being added to the case file. He said the footage confirmed allegations that Mafuta had punched and threatened the officers.
Murad and the police union have defended the actions of the officers as lawful. Byrne had reasonable suspicion to detain Mafuta, they say, and was thus permitted to use force when he resisted. “We stand by and support our members involved in this incident,” the police union said in a Jan. 29 statement.
Yet this explanation is little comfort to Amory and others who are troubled by the incident.
“There’s got to be more to this,” Amory said. “There has to be a different way, to not get to the point where a young man is being electrocuted.
He added, “I know there are different facts and sides to this, and different perspectives. And mine is, there has to be a better way to do this. And there has to be accountability when these things happen.”
