More discipline possible for Milwaukee police involved in Bucks' Sterling Brown arrest
The internal investigation into Milwaukee police officers who arrested and tasered Milwaukee Bucks player Sterling Brown is not over.
Police Chief Alfonso Morales was expected to discuss the arrest and internal investigation Thursday before the Fire and Police Commission.
""We were ready to present since the morning today, but with the changes and direction of the Fire and Police Commission, we’re not going to be allowed to talk about that," Morales told reporters after the board's meeting.
The commission was advised to postpone the chief's presentation until any ongoing investigations and potential discipline was resolved, Chairman Steven DeVougas said Wednesday.
"We don't want to violate any of the officers' due process rights," DeVougas said, citing guidance from the city attorney's office.
The notice to the board came one day after Brown filed a federal civil rights lawsuit against the city, Police Department and individual officers involved in his arrest.
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The lawsuit highlighted Facebook posts and "racist memes" shared by one of the involved officers, Erik Andrade.
Those posts appear to violate the department's policy on social networking sites.
Asked how he felt about those posts Thursday, Morales said: "We have a social media policy and members are expected to act according to the policy.”
He declined to say what possible discipline could be considered, citing the ongoing investigation and pending lawsuit.
Morales told the commission an investigation is underway after "new information" was released about officers' actions and "could lead to additional discipline," according to a statement from the commission.
Morales has known about the social media postings since May 25, when Brown's attorney sent a letter to him and other city officials.
The letter requested that all evidence in the case be preserved, including any Facebook or social media entries from involved officers, according to a copy obtained by the Journal Sentinel.
"The fact that officers post about such events is inexcusable," Attorney Mark Thomsen wrote.
Facebook posts
Brown was confronted by an officer after parking across two handicap spots in a Walgreens parking lot in January. Nearly a dozen officers responded and Brown was taken to the ground and tasered in the back.
Police officials quickly decided not to request criminal charges against Brown after reviewing body camera footage. Brown was ticketed for the parking violation and has paid his fines.
Hours after the arrest, one of the officers, Andrade, took to Facebook and wrote: "Nice meeting Sterling Brown of the Milwaukee Bucks at work this morning! Lol#FearTheDeer," the lawsuit says.
Three months later, Andrade shared a meme of NBA star Kevin Durant mocking his hair.
Andrade wrote another post May 31, after video of Brown's arrest had sparked public outcry and after Thomsen sent the letter to city officials.
This one was about J.R. Smith of the Cleveland Cavaliers, who had rebounded a missed free throw while a game was tied and let the clock run out.
"I hope JR Smith double parks in Walgreens handicap Parkin spots when he's in Milwaukee!" Andrade said after the Cavs lost Game 1 of the NBA Finals.
Department policy
The department's policy on social networking sites gives guidelines for how officers should act online.
Department members can express themselves as private citizens "to the degree that their speech is not disruptive to the mission of the department," the policy says.
They are not to represent themselves "in any manner which brings or is likely to bring discredit upon the department."
The policy also says officers are prohibited from posting "forms of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individuals."
Morales disciplined two sergeants and an officer in the incident. He ordered eight other officers to receive remedial training on professional communications.
Andrade was not among the three who received discipline. He appears to have scrubbed his Facebook account after the posts became public Tuesday.
Ongoing audit
DeVougas, the chairman of the oversight board, said he learned about the Facebook posts through the lawsuit.
"I just was shocked," DeVougas said of reading the posts. "There's a lot of work that's going to have to be done to restore the public trust and confidence in the department."
On June 7, the Fire and Police Commission requested an audit from the department about the entire police interaction with Brown and internal investigation.
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The commission's request came after aldermen called for an investigation into the Brown incident, a rare move that came after the police seemingly withheld some body camera footage of the arrest.
Morales had been expected to discuss the findings of "phase one" of the audit Thursday, DeVougas said.
"We asked for them to give us all of the documents related to the investigation by Internal Affairs and to discuss the disciplinary process, almost like a forensic dig into what happened and how it happened," he said.
The second phase will be a "lessons learned" session from the department, DeVougas said.
The commission must review discipline decision that are appealed by officers. Because of that, the commission "cannot objectively and fairly review disciplinary appeals if it has considered the evidence prior to any disciplinary appeal hearing," the board said in its release Thursday.
"We want to assure the public that this decision is not an attempt to cover up or avoid discussing what happened in the incident involving Sterling Brown."