After video of an altercation between Burlington police and a resident was shared thousands of times across social media, and allegations of police brutality and excessive force began to spiral, the Burlington Police Department held a press conference Monday morning to address the incident.

Just before 10 p.m. Friday, Oct. 4, officers responded to the 600 block of Dailey Street during an assault investigation.

Chief Jeffrey Smythe explained Monday that the department had received a call from a female assault victim who wished to come in the next day to file a report and obtain a protective order. Minutes later, the same victim made a 911 hang-up call, so officers were dispatched to her location on Apple Street. Upon arrival she described the assault and told officers the assailant had left. She described him as a 37-year-old black man wearing a white or light-colored shirt, and jeans or shorts, and said he would be headed to the 600 block of Dailey Street.

“The cops do what cops do. They go to the 600 block of Dailey Street,” Smythe said.

On Dailey Street, the officers involved saw Bobby Lamont Harvey, 41, who matched the description provided by the assault victim. They approached Harvey and told him they were looking for someone in connection with an assault. Harvey then provided them with a fake name, police said.

“We have Mr. Harvey, who matched the physical description of our suspect, is in the place we were told our suspect would be, behaving in a somewhat suspicious manner, with individuals calling him out for bringing police to that place,” Smythe said.

Harvey would not stay near the police car while his identity was verified, police said, so the officers attempted to detain him. At that point, the interaction became assaultive, Smythe said.

An officer “reaches out and puts his hand on Mr. Harvey’s arm,” Smythe said. “At that point, Mr. Harvey immediately resists, reacts. The two officers attempt to grab each side of Mr. Harvey, one on each arm, as is typical police protocol. At that point, Mr. Harvey begins to swing elbows, actively resists, and they struggle in an attempt to take him to the ground, which is again police protocol.”

Harvey broke loose of the officers’ grip and began moving down the street at which point one of the officers used a stun gun, Smyth explained.

“Within a moment or two, they end up in a ditch on the side of the road, struggling to control Mr. Harvey, who has continued to actively resist,” Smythe continued.

The video

This is where the video that has made its way around social media begins. Smythe said the video starts about 51 seconds after police first attempted to detain Harvey by touching his arm, and about a minute and a half after they first made contact with him.

“The video, without context, has created concern and generated significant conversation on social media,” Smythe said.

The video, which has been shared thousands of times across Facebook, shows the officers repeatedly striking Harvey on the side of the road.

“What’s happened at that point is Mr. Harvey has taken control of the stun gun,” Smythe explained.

Smythe said both officers were being stunned at that time as the stun gun was held to one officer’s chest and the other officer was tangled in the wires during the scuffle.

The video depicts a second round of strikes against Harvey, which Smythe said were in response to Harvey’s biting the thigh of one of the officers.

“For the next 12 to 15 seconds, there are additional strikes from the officers towards Mr. Harvey in an attempt to get him to disengage from actively biting the police officer in the leg,” Smythe said.

Smythe would not comment on the exact number of times Harvey was struck by the officers, stating that information would be available at the end of the department’s investigation.

“There is no way to take a person into custody nicely in what amounts to a knock-down, drag-out fight on the side of the road. That’s going to look bad. The question is, Did the officers follow their training and protocol, did they respond to threats in a way that was equitable, or did they use excessive force?” Smythe explained.

The officer struggled with Harvey two to three minutes longer before a third officer arrived and was able to handcuff him.

“Because he had been kicking and kneeing at the officers, they control his legs using a ripp hobble. It’s a nylon strap with a grommet on it that they are able to tighten up low on his legs to prevent him from kicking,” Smythe explained.

Officers carried Harvey to the patrol car, at which point he appeared uninjured.

“They ensure that he is breathing properly, he does not have any obvious injuries from the altercation, so they transport him to the Alamance County jail,” Smythe explained. “He walked in and out of the jail.”

Minor injuries

Jail employees later determined that Harvey was impaired, either on drugs or alcohol, and refused his admission to the jail, so the officers took him to Alamance Regional Medical Center, Smythe said.

Harvey suffered minor injuries, but was still being for “health issues primarily unrelated to the events that took place Friday evening,” Smythe said.

“There’s no bruising, there’s no swelling, there’s no obvious injuries to his head or face, he doesn’t have any lacerations, no stitches, no broken bones. Other than his existing medical condition, he does not appear to be substantially harmed by the police officers,” Smythe said.

Smythe visited Harvey in the hospital, and Harvey has appointed his sister Sandra, who originally posted the video online, as his agent to review the video with police as the investigation continues.

Smythe also added that police determined Harvey was not the alleged assailant described by the victim. That suspect has since been identified, but has not yet been apprehended by police.

Harvey is charged with three counts of felony assault on a law enforcement officer, and misdemeanor resisting, delaying and obstructing.

The officers, identified as Thaddeus Hines, Peter Balling and Will Steele, received non-life-threatening injuries. Smythe did not provide more details on the extent of their injuries.

Each of the officers has two years or less of solo patrol experience in Burlington.

Investigation

The Burlington Police Department has launched both an Internal Affairs investigation and a use-of-force investigation. The officers are still being treated, but Smythe said he sees no reason for them to be suspended from their duties at this time.

Smythe explained that officers are required to fill out use-of-force reports for the department’s national accreditation, and those reports will be given to a use-of-force review board. That review board will determine either what additional training the officers need, or that they acted within policy.

Command staff will review the results of both investigations when they are completed, he said.

“I think some of [Harvey’s sister’s] concerns are that we targeted a random black man, her brother, walking down the street, and I want to be completely clear that that is absolutely not the case. This is a focused investigation with specific facts, descriptions and locations that caused us to be in the location with Mr. Harvey,” Smythe said.

Smythe said the police department is working to obtain a court order to release the body camera footage from the incident and that, along with the results of the investigations, will become available at a later date.

According to Smythe, the police department makes about 75,000 contacts with the public each year, and he estimated force is used in 30 to 40. Furthermore, he said, excessive force complaints are filed one to three times a year, “and that’s it.”

Attempts via social media to reach Harvey’s sister for comment on Friday night’s events or her brother’s condition were unsuccessful.

Elizabeth Pattman can be reached at (336) 506-3078, or at epattman@thetimesnews.com. Follow Elizabeth on Twitter: @EPattmanTN