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NAACP to file complaint with U.S. Justice Department in fatal Roanoke County police shooting

NAACP to file complaint with U.S. Justice Department in fatal Roanoke County police shooting

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The president of the Roanoke branch of the NAACP said Tuesday she plans to file a complaint with the U.S. Justice Department soon regarding the police shooting death of an 18-year-old black man in February.

Brenda Hale stood near where Kionte Desean Spencer was killed on the evening of Feb. 26, reiterating many of the demands she has made in the past two months.

“Our hearts are still heavy over the death of Kionte Spencer,” Hale said.

Hale and other citizens have asked police to release the names of officers placed on administrative leave and the dash-cam video that captured the shooting as well as have an independent investigation conducted.

Roanoke County police investigated the shooting, and spokeswoman Amy Whittaker said Tuesday the department completed the investigation. She said the department has notified the Roanoke County Commonwealth’s Attorney’s Office and will make all information related to the investigation available.

No timeline has been set for when Commonwealth’s Attorney Randy Leach will complete the review. Leach has not responded to multiple requests for comment.

Two Roanoke County officers shot Spencer twice — in the hip and near the collarbone — near the busy corner of Brambleton Avenue and Electric Road. Roanoke County Police Chief Howard Hall has said that a preliminary investigation indicated his officers repeatedly commanded Spencer to drop the pistol in his right hand when they encountered him. At one point, Hall said, an officer got close enough to deploy a Taser two times, but it was not effective.

Police and witnesses have said they spotted Spencer, who was wearing headphones and a bandanna, with what appeared to be a gun, which turned out to be a broken BB gun, according to a friend.

About 20 people gathered near the intersection Tuesday evening to remember Spencer and place crosses in the ground near where police killed him.

“We remember just how fragile life can be,” said the Rev. Alonzo Smith of Price Memorial AME Zion Church in Roanoke. “We pray that somehow, some way that the God we serve can soften the hearts of some of our law enforcement personnel.”

Hale did not have a date for when she would submit a complaint to the Justice Department.

Congress empowered the federal government to police local law enforcement in 1994 after the 1991 videotaped beating of Rodney King by Los Angeles officers. Many federal investigations have begun with complaints from civil rights groups or after a high-profile event, such as the 2014 shooting of an unarmed black teenager by a white police officer in Ferguson, Missouri.

When it comes to police shootings, many departments handle their own investigations. Other options including handing the case over to Virginia State Police or farming it out to another agency, such as the Federal Bureau of Investigation.

State police spokeswoman Corinne Geller said the Bureau of Criminal Investigation only initiates an investigation at the request of the chief or sheriff of the agency.

“Providing assistance to outside agencies is a core part of our mission,” she said.

President Barack Obama’s “Task Force on 21st Century Policing” last year recommended that police departments “mandate external and independent criminal investigations in cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths.”

Police chiefs in seven Hampton Roads cities discussed last year creating an interagency task force to investigate police shootings and in-custody deaths in their jurisdictions. Members of the task force, and not the city’s department, would investigate these incidents.

Sgt. Jason Price, spokesman for Hampton police, said last month the department is still working on developing that task force.

“Obviously, this task force will provide an additional layer of legitimacy to an investigation of a police-involved shooting as it will not only be investigated by one independent agency but by a culmination of several different agencies as well as an internal investigation by the department’s professional standards unit and any other agency that would be appropriate given the circumstances,” Price said.

Whittaker said Tuesday no further information will be provided until the review by the commonwealth’s attorney is complete.

Regarding citizens’ requests for the release of names of Roanoke County officers put on administrative leave as well as the release of dash-cam video, Whittaker referred to a statement the department made in March. That statement said police released preliminary information, but additional information would be withheld to protect the integrity of the investigation. Police have not said how many officers were placed on administrative leave.

It’s unclear if names or the video will ever be released. Under Virginia public records law, police departments have discretion over whether to release information regarding officers as well as the video.

The last time police shot someone in Roanoke County was in 2014, when an armed man caused a disturbance at the Friendship Retirement Community on Hershberger Road. Police shot the man twice. He survived, and was charged with attempted capital murder of a police officer.

It took two months for the commonwealth’s attorney to rule that the shooting was justified. Police released the name of the officer one day after the shooting.

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