Lawyer: Officers on the street get ‘slaps on the wrist’
In Boston, the most oft-cited officers draw around one complaint per year. Derek Chauvin, the former police officer who killed George Floyd in Minneapolis, also averaged about one complaint annually during his 20-year career. In Philadelphia, meanwhile, at least 56 cops hit or exceeded that once-a-year average, with the worst accruing more than three complaints every year.
Some other cities, like Chicago, have made misconduct records public. Advocates say Philadelphia lags behind, as online complaint records are available only in a heavily redacted and anonymized format.
“There’s a severe lack of transparency in police misconduct cases,” said Philadelphia civil rights attorney Kevin Mincey. “It allows for these officers who shouldn’t be on the street to get slaps on the wrist.”
Philadelphia is similar to other big U.S. cities in that these kinds of complaints, no matter how voluminous, rarely derail a police officer’s career.
The complaints are supposed to act as an internal early warning system. More often, however, accused officers end up like Davis, with whom department investigators sided in at least 27 disciplinary investigations during his 17-year career.
Longtime civil rights attorney David Rudovsky faulted Philly’s system as biased in favor of officers. Some Internal Affairs Bureau investigations drag on for years, he noted, and are then subject to additional review from a secondary disciplinary board and union arbitration.
“When you look at the history of the Philadelphia police, you see large numbers of cases that have never been investigated properly,” he said. “There are credible claims and the department just says ‘Not sustained.’”
The PPD has rejected close to 85% of more than 10,000 civilian complaints filed since April 2013, with most of the rest resulting in retraining or counseling. Only 219 out of all formal investigations resulted in guilty findings.
For the most serious charges leveled at officers, like physical or sexual abuse, only 1.7% were found guilty: 59 of 3,308. And while about two-thirds of complaints were filed by Black people, the Internal Affairs Bureau was 21% more likely to recommend disciplinary action when a white person filed a complaint.
Retired officer: High crime beats can lead to more complaints
Steve Nolan, a retired PPD lieutenant who spent 20 years as an investigator with the internal affairs unit, believes patterns of abuse are more significant than high volumes of complaints.
“These guys are sent into the high-crime areas, and they’re going to be more apt to have contact with citizens,” Nolan said. “The more contacts you have, the more chance they have to get a complaint against them.”
He personally investigated and disciplined Davis, the officer who killed Angelo Slaughter, over another near-fatal on-duty shooting in 2014. Nolan said he didn’t see signs of a rogue cop, just another officer in a tough district.
“Over the course of my career, there are guys you could look at and say, ‘This guy could start a fight in a phone booth,’” Nolan said. “Sharrod Davis never struck me as a cowboy, or somebody with a chip on his shoulder, or a jerk-off who’s out to get people. He didn’t strike me as a guy who’s out of control.”
While the most-complained-about cops became well known to the department’s Internal Affairs Bureau –– often clustered within certain districts or even working as patrol partners –– there’s little evidence any were even placed in lower-stress assignments after years of complaints.
In fact, both Davis and another officer that topped the department in complaints, Robin Song, were promoted to Highway Patrol over the last few years. Despite its name, this unit is tactically deployed to trouble spots across the city, making it a high-intensity role coveted by officers who prefer aggressive streetwork.
“The Highway Patrol is home to the most highly decorated and dedicated officers within the Philadelphia Police Department,” reads a description on the unit’s website. “Officers in this elite unit have always been and will continue to be the ‘Best of the Best.’”