Derek D. Dieter President Oliver ]. Davis Vice—President Karen L. White Chaírperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlíc Fourth District David Varner Fifth District Oliver ]. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White Ar Large City of South Bend Common Council 441 County—City Building » 227W jefferson Blvd South Bend, Indiana 466014830 (574) 5135-9321 Fax (574) 2335—9175 http: ”WWW. 3 o uth bendin. gov August 9, 2012 Mr. Thomas E. Perez Assistant Attorney General for the Civil Rights Division U.S. Department of Justice Civil Rights Division 950 Pennsylvania Ave., NW. Office of the Assistant Attorney General, Main Washington D.C. 20530 Dear Mr. Perez, We need a full investigation into the policies, practices and behaviors of members of the South Bend Police Department. I believe an investigation by an outside, third party will help to allay concerns that there is a racist and criminal culture within the department. Currently the South Bend Police Department is embroiled in the makings of & scandal that has the capacity to impact our city negatively and threatens the safety of our citizens and police ofíicers. There is a sizable and growing contingent of frustrated citizens who believe that our police departmentªs treatment of minorities is biased. This contingent is calling for a comprehensive investigation of high ranking law enforcement Officials, their practices, and the behaviors that led to the demotion of the city's first African-American Chief of Police, the Íiring of the police departmentªs communications director, and the death of an African- American man in police custody. In April 2012 then-Chief of Police Darryl Boykins was forced to resign his post and South Bend Police Communications Director Karen DePaepe was tired by our Mayor for “violating” South Bend Police Department Policy by tapping and/or listening to conversations made by police department personnel. The personnel actions taken by Mayor Peter Buttigieg were swift and without input outside his Chief of Staff Mike Schmuhl and Special Attorney Rich Hill. Once these personnel actions became public the mayor informed that the FBI was involved and he could not divulge any information dealing with the recordings as a result of the FBIS involvement. Furthermore, the Mayor claimed that providing the Common Council or South Bend residents any information would breach the FBIs investigative process. He refused to answer any questions privately or publicly regarding the issue. The big issue with the action taken by the Mayorºs office is 3—fold: 1. This entire process was cloaked in secrecy. Further, in a public statement the FBI did not substantiate the mayorªs claims that he was under a gag order. 2. It has been alleged that the recorded conversations Depaepe and Boykins were listening to documented South Bend Police Officers employing the use of racial epithets to describe the former chief. Depaepe has said that the officers” conversations contained, unethical, racial, and possibly criminal content. 3. The police officers recorded in the conversations admit to using off- color or politically incorrect language and are now suing the city because they feel their rights have been breached. Similarly, the former chief and Depapepe are suing for wrongíul termination. Michael Anderson, a South Bend resident died in the custody of the police. Like the former chief, the young man is African—American. Based on the preliminary investigation, officers began pursuing Anderson while investigating a report of a stolen moped. Anderson is said to have fled on a mo-ped and that he was riding it while the officers chased him on foot. When the officers apprehended him he was choking on a plastic bag with marijuana and a dollar bill. Police called paramedics after fifteen to twenty minutes of CPR to the scene and he was transported to a local hospital where he later allegedly died. Randy Magdalinski, St. Joseph County deputy coroner, had ruled Anderson's death accidental due to the plastic bag obstructing his airway por the South Bend Tribune. The prosecutorªs office is on record stating that there is no indication police acted improperly or caused Anderson's death, though the office notes the investigation is ongoing. However, the pulse of the community indicates a different take on the issue. There are reports of excessive use of a Taser gun and that the police stuffed the bag of marijuana down the young manªs threat after they apprehended him. The Anderson family does not trust the findings of the police department or the coroner and as a result they hired a private investigator. Their private investigator believes that South Bend Police Department officers are responsible for Andersonªs death. Prior to his death, Anderson was a victim of police shakedowns, where officers would allegedly take any drugs and money he had on him. The investigator found witnesses who said that when police found Anderson to be unresponsive, one of the officers went to the trunk of his cruiser and fished out a long skinny device, orange in color, with a wide- scoop-like end. The police report indicates that the instrument they fished out was used to try and retrieve the bag of marijuana Anderson allegedly tried to swallow. This conflicts with the private investigatorªs Witness statements. Witnesses told her that the police were jamming the instrument down his threat. The private investigator examined Andersonªs body and the scene where he died. She reports that she found a mark under his arm, on his side, and a mark she believes is a burn above his right eye. She believes that the burn mark was caused by the electricity from the Taser gun. She believes that one of the Taser probes stuck into Andersonªs Ílesh and that when he fell down, his shoeless feet were in a puddle; and that this caused him to electrify. And, to exacerbate the issue further, several years ago, Michael Anderson was a Witness for the defense at the murder trial of Erskin Jenkins. According to court documents, during the proceedings Anderson accused Lt. David Wells of threatening him and Anderson verbalized the threat aloud, turning it into a question during the proceedings: “Iªm going to the penitentiary?” Jurors at the trial told the bailiff that they had witnesscd Wells communicating with Anderson during the testimony. Lt. Wells is second in command at the County Metro Homicide. Moreover, Lt. Wells and Tim Corbett, another high ranking officer in the Metro Homicide Department, are the police officers who have been recorded having politically incorrect, racial insensitive, and, perhaps, criminal discussions on police department telephones. Both officers have filed notices of tort claim against the city claiming private conversations they have had with Detective Brian Young of the South Bend Police Department may have been illegally recorded. Questions abound concerning the integrity of this investigation. Citizens are distrustful and lack confidence in the results of the investigation. There seems to be conflicting accounts and prior history that is enveloped in alleged bad and racist behavior. There has been a breach of trust. Too many of our residents do not believe the official report and do not trust the county or city Officials to deal with this issue appropriately. Just recently I have become aware of threats being made to harm and/or kill police offlcers. I am troubled by this deeply. There is a high level of discontent brewing. This letter is & plea to the Justice Department for immediate intervention for the protection and safety of our residents and police officers in South Bend. Sincereiy, Councilman Henry Davis,