By Sara Patterson
The Commercial Appeal
JONESBORO, Ark. — After a month of releasing videos, witness interviews, autopsy reports and investigative summaries about the shooting death of a man handcuffed in the back of a patrol car in Jonesboro, Ark., the police department appears to be wrapping up its case.
Both officers present at the July 28 shooting that ended with 21-year-old Chavis Carter slumped over and bleeding in the back of a squad car are back on the streets, one with a written reprimand.
The Jonesboro Police Department’s police chief, Michael Yates, said recently that evidence unequivocally establishes that Carter committed suicide while under the influence of methamphetamine and other drugs in his system, based on the state crime lab’s toxicology report.
Carter’s family, now represented by The Cochran Firm in Memphis and aided by civil rights activist Jesse Jackson, continues to dispute the case as presented by police.
It continues to become abundantly clear that the Jonesboro Police Department was not only negligent the night of the shooting; it is also seemingly clear that they are becoming negligent in their investigation of the events that happened on July 28, 2012, the family’s attorney, Benjamin Irwin, said in a statement. This appears to be becoming more and more like an attempt to clear two officers of any wrongdoing than to discover the actual facts of what occurred that night young Chavis Carter lost his life.
Critics of the department in Jonesboro scheduled a protest for later this month, and the department has said it is continuing to gather evidence and witness statements in preparation for civil action.
Attorneys have asked the department about dash camera recordings that fail to show the moment of Carter’s death and the absence of gunpowder residue testing after the former Southaven resident was found shot in the right temple in back of the car.
In response, the Jonesboro Police Department recently sent out a detailed news release, explaining that old video systems and technical malfunctions played a part in what was caught on camera the night of July 28, when Carter was arrested after a traffic stop due to an outstanding warrant related to a drug charge in DeSoto County, Miss., according to court records.
Irwin has asserted that about three minutes of video appear to be missing, but the department said only about a minute of the action is unaccounted for.
The only true gap we find in the time line occurs between the time that (officer Keith) Baggett turns his blue lights off (deactivating his camera) but we find that (officer Ron) Marsh transmits to 911 requesting assistance and an ambulance (on the 911 tapes) less than 60 seconds after this event. Marsh reactivates his camera at some point after this as ambulances are arriving etc. Remember, this is a preliminary summary, the news release states.
Additionally, the department said Carter’s hands were prepared for gunpowder residue tests, but the test was not conducted by the crime lab pursuant to their policy.
Police have been too busy trying to prove their conclusion to consider any other possible scenarios, Irwin said in a statement. The lack of a gun residue test is further proof that the search for critical evidence has been overlooked.
As for the failure to find a gun during an initial pat-down, the department said Marsh was attempting to balance the intrusiveness of the search with the unknown facts and circumstances at the time and he was issued a reprimand for neglecting to properly search the suspect or the car. Police contend that Carter discarded a .380 caliber handgun when he was first placed in the backseat for several minutes without handcuffs.
The FBI has said they are investigating the case, and The Cochran Firm is asking anyone with information to call Irwin at 901-523-1222 or 800-THE-FIRM.
Copyright 2012 The Commercial Appeal, Inc.