Two Philly cops charged in brutal beating
Please note: This article is published as an archive copy from Philadelphia City Paper. My City Paper is not affiliated with Philadelphia City Paper. Philadelphia City Paper was an alternative weekly newspaper in Philadelphia, Pennsylvania. The last edition was published on October 8, 2015.
Philadelphia District Attorney Seth Williams this morning announced charges against Police Officers Sean McKnight and Kevin Robinson for allegedly assaulting Najee Rivera in 2013.
Philadelphia District Attorney Seth Williams this morning announced charges against Police Officers Sean McKnight and Kevin Robinson for allegedly assaulting Najee Rivera in 2013.
"This type of behavior has absolutely no place in our city and I will prosecute these officers to the fullest extent of the law. Simply put, no one — not even police officers — is above the law," according to a statement from Williams. Police "Commissioner [Charles] Ramsey and his team have been very supportive in this investigation and, like him, I hope these charges send a clear message to every Philadelphian that we intend to use every tool available to us to keep our neighborhoods and communities safe."
According to the D.A., the two officers pulled over Rivera on his motor scooter on May 29, 2013, in Fairhill. Rivera became frightened and fled on the scooter. A surveillance camera then allegedly captured the officers driving up and knocking Rivera off his scooter. The two officers then allegedly exited their car, and "grabbed and repeatedly struck Rivera with their fists and baton while Rivera, who received a fractured orbital bone and numerous lacerations to his head, cries out in pain."
According to a grand jury report, the entire encounter is caught on video, and throughout "Rivera was wailing loudly and uncontrollably. Although he was moving around on the ground while being struck, he was not resisting the officers or engaging in any aggressive actions. After about 40 seconds of continued repeated strikes, McKnight and Robinson placed Rivera into handcuffs and held him down with a foot on his back. For at least four minutes, either McKnight or Robinson kept a foot on Rivera's back as he lay on the ground bleeding."
The charges stem from the grand jury and Police Internal Affairs Division investigation.
McKnight and Robinson, 25th District officers, are also, among other things, charged with making false reports to law enforcement. The two allegedly submitted inaccurate police paperwork "falsely accusing River of assaulting Robinson and resisting arrest. Based on the false allegations, Rivera was arrested and charged with aggravated assault and related offenses. Eventually the charges against Rivera were withdrawn after the video evidence of the attack was reviewed by prosecutors."
Corruption prosecutions of Philadelphia police officers frequently make headlines. But prosecutions for excessive use of force alone are rare. It is too early to tell whether today's announcement might signal a shift in policy.
There are "a handful of cases in which the District Attorney has prosecuted officers for criminal use of force instead of civil suits or internal discipline. But I think it's fair to characterize it as a fairly rare event," says civil rights lawyer and University of Pennsylvania Law Professor David Rudovsky.
The Black Lives Matter movement prompted by the police killings of unarmed men in Ferguson and Staten Island has brought intense national attention to police misconduct. In Philadelphia, Williams has been criticized (including in the pages of this paper) for failing to prosecute police and correctional officers for excessive use of force.
Such cases can be hard to prosecute since they often pit the word of a criminal suspect against that of a police officer — and police officers rarely testify against their colleagues. But in some cases, prosecutors have actually charged the apparent victims of police and guard abuse instead. Even when video evidence contradicted officers' accounts.
"I've been disappointed over the years that even in cases where there is very strong corroborating evidence, including video evidence, that not only is the officer not charged but the D.A. has continued the prosecution against civilians," says Rudovsky. "I would certainly give credit to the D.A. for following through on this and getting an indictment from the grand jury. [And I] hope that more of these cases are investigated and prosecuted where the evidence shows serious misconduct by the officer."
In January, City Paper reported that the District Attorney's Office has changed its policy to require a review of video surveillance footage and witness statements before deciding whether or not to charge a Philadelphia Prison System inmate with assaulting a corrections officer
Kelan Lyons contributed to this report.
