Report: Officer in Asheville beating had prior 'harmful' behavior

Joel Burgess | The Citizen-Times

Show Caption Hide Caption APD chase, beat man they say jaywalked Warning: This video contains graphic content. An Asheville police body camera captured this encounter near the corner of Biltmore and Short Coxe avenues in August 2017.

ASHEVILLE - A city consultant has faulted police for not dealing with problem behavior exhibited by an officer who later beat an unarmed black pedestrian.

The finding came from 21CP Solutions of Chicago which was hired to look into the violent August 2017 encounter between former officer Christopher Hickman and Johnnie Rush whom Hickman had accused of jaywalking. The consultant group includes former appointees to a presidential policing task force.

Officer body camera video leaked to the Citizen Times and published by the newspaper on its website in February sparked community outrage and renewed questions over policing in minority neighborhoods. Hickman, who is white, is facing criminal charges in connection with the incident including felony assault by strangulation.

Among 21CP's findings were that Hickman's personnel file, disciplinary records and body-worn camera footage showed behaviors "harmful" and "detrimental" to the community.

The report does not address how police interact with minority communities – though that has been the main focus for many African-American residents following the Rush incident.

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

More: Asheville to pay pedestrian in police beating $650,000

Report looked at Hickman's employment history

"Officer Hickman had a documented history of inappropriate behavior amongst colleagues and difficulty with supervisors," said the consulting team led by Sean Smoot, director and chief legal counsel for the Illinois Police Benevolent and Protective Association.

The report said a former supervisor described Hickman as "a class clown who was

abrasive, opinionated, and lacking a filter."

The supervisor also said Hickman bucked authority and "could be challenging to supervise."

The report went on to note that "incidents" occurred in months preceding the encounter, though it didn't specify what they were.

Smoot and 21CP didn't respond to a call and emails Tuesday afternoon seeking comment.

Report criticizes Hickman's responsibilities

Despite those problems, Hickman was assigned the role of supervising trainees, as he was doing the night of the beating.

The report criticized that assignment, recommending reforms of the field training officer program.

Even closer to the time of the incident, Hickman's "job performance faltered," the report said. He received a complaint and was suspended, the report said, though he continued to be a field training officer.

Hickman's personnel file showed two suspensions, one in 2011 and one in October 2017. Police spokesperson Christina Hallingse has said neither was related to the Rush incident but declined to give more details. State personnel law prohibited the the release of that information, Hallingse said.

Reviews of body camera footage showed other problems and behavior

"harmful to the community and his trainee," the report said, including incorrect guidance as to when to use use lights and a siren.

While none of the issues cited "rose to the level of seriousness of the Rush incident," the report said, measures could have been taken.

Those include the APD routinely assessing "Early Intervention System triggers" and implementing more stringent body camera reviews for officers displaying problems.

"Given the previous complaints and performance deficiencies, it would follow that Officer Hickman’s (body-worn camera) footage could reasonably be subjected to closer scrutiny than a random monthly sample," the report said.

Other officers could have stopped beating

On the night of the incident, the beating could have been stopped if other officers stepped in, the report said.

"Officers did not intervene when their fellow officer was engaging in an inappropriate,

unnecessary and excessive use of force, despite having several opportunities to do so as Officer Hickman actively escalated the situation," the report said.

Consultants named trainee Verino Ruggiero, who was being supervised by Hickman, and officer Luis Delgado. Delgado arrived shortly after the encounter started and engaged in the struggle with Rush, according to body camera footage made public by a court order. Delgado engaged in the struggle with Rush.

"Acknowledging the challenging power dynamic between (a field training officer) and trainee, it nonetheless holds that the Rush incident may not have escalated to the point

that it did, had officers Ruggerio or Delgado felt empowered to intervene."

The consultants recommended a peer training program similar to one done by New Orleans police.

The 21CP group behind the report included former Philadelphia police commissioner Charles Ramsey. Both Ramsey and Smoot had been appointed to President Barack Obama's 21st Century policing task force. Ramsey served as co-chair.

Asheville City Council was set to hear a presentation from the consulting firm at its 5 p.m. meeting Tuesday.