City of Asheville seeks release of all body cam footage in jaywalking beating case

ASHEVILLE - Citing the need for "total transparency" and for the public to have "a complete picture" of a disturbing police beating of a man suspected of jaywalking, the city of Asheville on Monday asked the court system to release all body camera footage related to the incident.

The petition was filed Monday with Buncombe County Superior Court, requesting the court allow the release of all police body camera footage related to the apprehension and arrest of Johnnie Jermaine Rush the night of Aug. 24, 2017. The document requests the release of body cam footage from cameras worn by Asheville Police Department officers "present during and/or after the arrest of Rush."

Body camera footage from Officer Chris Hickman's body camera obtained by the Citizen Times and published Wednesday shows the officer beating, choking and stunning Rush while he was pinned to the ground. The Citizen Times has published multiple stories since then.

RELATED: Asheville City Council plans closed session after officer beating of resident

RELATED: Video shows Asheville police officer beating man suspected of jaywalking, trespassing

The city's petition acknowledges that Hickman's use of force "was clearly excessive," but it notes that body camera footage is not a public document under state law. The city argues that because footage already was released to Citizen Times reporter Joel Burgess, the public already has access to it, and no loss of privacy will occur.

The petition states that the excessive force visible in the already released video, "together with other aggressive and unprofessional behavior and language displayed by Hickman in the recording" has become "a source of extensive questions, concerns and anger for the city's residents and city officials."

"It is the city's position that, under the circumstance of this case, it is critical the public be provided with a complete picture of the incident in order to be fully informed and gain full knowledge of what occurred and the city's actions in response thereto," the petition states.

Hickman voluntarily resigned Jan. 5. On Jan. 18, Asheville Police Chief Tammy Hooper directed one of the department officers to start a criminal investigation, according to a memo obtained by the Citizen Times.

The Superior Court petition also notifies Hickman and 10 other APD officers "whose image or voice is in the recordings" that the petition is being filed. The other officers listed are Justin Burns, Colby Davis, Luis Delgado, Josh Gibson, Heavan Mitchell, Shawn Parker, Verino Ruggiero, Douglas Williams, Lt. Charles Sams and Sgt. Lisa Taube,

The petition notes that body camera recordings and personnel records are not public records, according to state law. The video recordings are protected from disclosure except under limited circumstances.

The unauthorized release of the Hickman body cam footage, the petition states, "has caused public distrust, concern and fear."

"Allowing all of the recording to be released to the public will advance the compelling public interest of allowing the public to have a complete picture of what occurred, prevent public unrest and distrust of city government, and (will) dispel any belief that relevant information related to the incident has been withheld," the petition states.

The city maintains that confidentiality no longer exists because of the earlier video release to the paper, and further release of the recordings would not reveal information of a "highly sensitive personal nature" or "harm the reputation or jeopardize the safety of a person."

The city also avers that further release of camera footage would not create "a threat to the fair, impartial and orderly administration of justice," as cited in state law, or compromise an investigation, because a recording has already been released.

The remaining footage, the city states, "would simply allow the public to observe the incident from all angles, and be secure that all relevant information has been made available and total transparency is achieved." All of these reasons, the city suggests, meet the requirements for "good cause" to release body camera footage, as allowed by state law.

Asheville City Attorney Robin T. Currin filed the petition on behalf of the city.