ASU officer resigns over incident with professor

An Arizona State University police officer who has been fighting to keep his job resigned instead Monday after an independent investigation found fault with his arrest last summer of a university professor.

Officer Stewart Ferrin, 25, had been on leave since July after a video of his arrest of ASU assistant professor Ersula Ore went viral and drew national attention. The university sent Ferrin a letter in January, notifying him of its intent to terminate him. Ferrin appealed the decision.

"The lack of support, cooperation, and downright bias, coupled with an agenda to ruin my career, has become unbearable and I will not subject my family to this any longer," he said Monday in a resignation letter sent to ASU.

ASU Police Chief Michael Thompson, in the letter sent to Ferrin last month, said the officer had "multiple acts of noncompliance and misconduct."

The chief's letter says that the officer's "rigid, power-based approach to law enforcement and unwillingness to exercise discretion and sound judgment culminated in you arresting Dr. Ore without a lawful basis. In doing so, your actions brought discredit to yourself and ASUPD."

ASU issued this statement Monday: "This review was never about a single incident or a single issue. Law enforcement officers in any jurisdiction are given the tremendous responsibility of helping to keep the community safe. They also are expected to exercise good judgment in the performance of their duties and, when given direction after missteps, are expected to follow that guidance."

The chief's letter was based on an independent investigation by Phoenix-based Investigative Research Inc. into the officer's conduct. The letter and investigative report were released to The Arizona Republic in response to a public-records request. The documents from the report claim:

Ferrin committed multiple ASU police- and university-policy violations when arresting Ore, including those involving judgment, legal authority, search and seizure, alternatives to arrest and code of conduct.

The officer had no reasonable basis for arresting the professor for obstructing a road when she was walking down the street, and he wrongfully arrested her for refusing to provide ID, according to the report. The investigation says a pedestrian can cross the road as long as he or she yields to vehicles, and evidence suggests Ore yielded to the officer's patrol car.

There was no evidence that the officer's actions were racially motivated, as alleged last summer by civil-rights activists.

Five days before Ore's arrest, an ASU researcher filed a complaint based on Ferrin's actions in another incident. The officer was directing traffic when he demanded the researcher's ID and threatened to arrest him for disobeying commands to use another crosswalk. That incident was handled "inappropriately," the report said, because the researcher had crossed the street legally and posed no hazard to others. Ferrin was counseled to exercise better judgment and good communication. The counseling took place before the incident involving Ore.

Ferrin spent an "inordinate amount of time on traffic enforcement." He continued to write tickets despite being told to issue fewer tickets and more warnings. One supervisor told him that "you do not always have to throw the book at everybody."

In June 2012, while a police recruit in the academy, Ferrin received a letter of reprimand for untruthfulness, insubordination and code-of-conduct violations.

Ferrin's attorney, Mel McDonald, compared the resignation to a marriage that was broken with no hope of reconciliation: "Why spend thousands of dollars to fight this when he doesn't want to go back there?"

The Rev. Jarrett Maupin, a civil-rights advocate who said he is meeting with ASU officials on Wednesday, said he was surprised by Ferrin's resignation.

"It was my sincere hope that both Officer Ferrin and professor Ersula Ore would remain employed by Arizona State University," he said. "They are both equally imperfect individuals and made mistakes that caused a national controversy. It is my wish that we, as a wider community and at the university level, would learn from this tragedy."

Ferrin, in a recent interview with The Republic, said there was nothing embarrassing or concerning in his background or in the termination letter he received from ASU.

"There's nothing in my file that would show I'm bad in any way, shape or form," he said.

Ferrin has said his stop and subsequent arrest of Ore was not racially motivated,saying he was just enforcing the law.

The officer has been fighting to keep his job over the last month. His family launched a social-media campaign on Facebook, urging supporters to write letters to the ASU police chief and ASU President Michael Crow.

Ore had been silent until last week, when she released a statement through her attorney, Danny Ortega Jr., that said the officer's charges against her were fabricated.

The statement said Ferrin is a man with a badge, as opposed to an officer of the law, and his "blind confidence that a badge legitimates his actions should frighten the community at large."

In November, she filed a notice of a $2 million legal claim, the first step toward a potential lawsuit, accusing Ferrin of excessive force, false arrest and violation of her federal rights to due process.

Ore released a statement this week through her attorney, Ortega, that said she was glad the independent investigation was over.

"My only disappointment is that Officer Ferrin didn't take personal responsibility for his unjustified brutal actions and disregard for the truth. His resignation will ensure that no one on the ASU campus will ever again be the victim of his lawlessness and violence," she said in the statement.

Attorney Benjamin Taylor, who was co-counsel for Ore during her criminal case, said, "I'm delighted that Arizona State University started the process of termination, and I'm glad Officer Ferrin took self-responsibility to resign."

On May 20, Ferrin stopped the 33-year-old professor for walking in the middle of the street and told her to get on the sidewalk.

She argued with him and refused repeated requests to show identification, the police report said.

The independent investigation says evidence does not show that Ore created an inconvenience or hazard by walking in the street.

Ferrin told The Republic last month that he almost hit Ore with his patrol car.

The independent investigation had a different conclusion, saying Ore "did not constitute an immediate hazard nor was she almost hit by your patrol vehicle."

A video captured by a dashboard camera that later went viral shows Ferrin repeatedly telling Ore to put her hands behind her back.

When she refuses, he tells her he will "slam" her on the police car.

The letter sent to Ferrin says he employed "inappropriately harsh language" when he threatened to slam Ore on the police car.

Ferrin has denied acting inappropriately. He said police officers are supposed to warn people about use of force.

"Clearly the force I was using wasn't working and she was being warned more force would be used against her," he said.

Video footage shows the officer tackling her to the ground. A police report says she kicked the officer in the shin.

The independent investigation says the officer missed an opportunity to handle the matter in a more professional manner, while Ore could have been more diplomatic and less confrontational in her initial comments toward the officer.

The investigation says Ferrin is an "energetic go-getter" who had a preconceived notion of what a law-enforcement officer should be.

This notion was, in many respects, contrary to how ASU policy and practice required him to conduct himself, the report says.

Despite training and coaching, the investigation says evidence suggests the officer "misapplied the law, which resulted in the arrest of Dr. Ore."

Reach the reporter at 602-444-8072 or anne.ryman@arizonarepublic.com

Timeline of events

May 20: Arizona State University assistant professor Ersula Ore is arrested on charges of aggravated assault on a police officer, criminal damage, refusal to provide a truthful name and obstructing a public thoroughfare.

May 27: Ferrin files a supplemental police report at the request of then-assistant chief James Hardina. He's asked to provide more information on the road closure where Ore was walking and his intent on stopping the professor. He provides more details on what happened when he tried to place handcuffs on Ore.

June 27: Channel 3 News (KTVK-TV) airs video of the arrest captured on the police dashboard camera. The video goes viral.

June 30: ASU issues statement, saying authorities have found the officer did not violate protocol and no evidence was found of racial motivation. However, ASU says it will enlist the help of an outside agency to conduct an independent review on whether excessive force was used and if there was any racial motivation by the officers. ASU says university police also are reviewing whether the officer could have avoided the confrontation.

July 1: ASU places Ferrin on paid leave. An ASU statement says a preliminary review of the arrest found Ferrin did not engage in racial profiling or use excessive force. The university asks the FBI to determine if there were civil-rights violations.

July 9: Ore pleads guilty to one count of resisting arrest. Felony charge of aggravated assault and misdemeanor charges of obstructing a public thoroughfare and failing to provide identification are dismissed. ASU issues Ferrin a "notice of investigation" form.

July 31: ASU engages services of the Phoenix-based Investigative Research Inc. to conduct an independent investigation into his conduct.

Aug. 1: Ore sentenced to 9 months probation.

Nov. 12: Ore files a $2 million claim against the ASU Police Department and the officer, alleging false arrest, assault and battery and violation of due process.

Jan. 7: ASU notifies Ferrin of its intent to terminate his employment following an independent investigation. He appeals the decision.

Jan. 14: The Rev. Jarrett Maupin and a half-dozen other civil-rights activists hold a news conference, saying they back ASU's move to fire the officer. Maupin says the professor is the victim of racial profiling, excessive force and police brutality. He threatens to march on the campus if the university doesn't go through with the firing.

Jan. 21: Ferrin expects to learn whether he is terminated, but the university extends his leave pending a decision by ASU Police Chief Michael Thompson.

Jan. 23:Maupin calls Ferrin's attorney, Mel McDonald, and invites them to a private dinner the following week.

Jan. 26: Maupin meets for a private dinner in Gilbert with McDonald and Ferrin.

Jan. 27: Maupin, the same civil-rights activist who threatened to march on the ASU campus if the officer isn't fired, now say they want him reinstated. Maupin said he changed his mind after meeting with the officer and getting to know him.

Feb. 16: Ferrin submits resignation letter.

Source: ASU, police reports, Arizona Republic research