Kionte Desean Spencer’s family may never know the names of the two people who killed him last Friday in Roanoke County.
That is because Spencer, an 18-year-old African-American fatally shot in the chest while holding a broken BB gun, was killed by police.
Under Virginia law, the Roanoke County Police Department does not have to release the names of the officers who shot and killed Spencer and, predictably, it does not want to do so. The Roanoke branch of the NAACP has correctly demanded the release of the shooters’ names.
Here is the Police Department’s rationale for keeping the names of these public employees secret, straight from its own news release: “Transparency is very important to us which is why we provided to the media preliminary information and photos from our officers’ dash camera video. We cannot and will not provide additional, detailed information that has the potential to jeopardize the integrity of the investigation.
“There are calls to reveal the names of Officers involved in this event. We will not do so at this time. The Officers involved are essential to the investigatory process that is underway. There is no discernable benefit to exposing Officers to unwarranted speculation while the facts related to the incident are yet to be fully known.”
So, transparency is important but there is “no discernable benefit” to releasing officers’ names? There’s a benefit to releasing the name of the person shot by police before the facts are known but not the name of the officers who did the shooting?
How about the benefit of offering the highest level of accountability to the public that the Police Department serves?
Transparency and accountability are both essential foundations for trust. Providing basic facts, including the names of the officers, as soon as possible after a critical incident is absolutely essential to building or rebuilding trust.
Law enforcement typically argues, as the Roanoke County Police Department has in this case, that releasing officers’ names would pose a safety threat to those officers and their families.
The ACLU of Virginia respects that can be a possibility and acknowledges that some time is necessary to notify the officers of the impending release of their names and to take any needed steps to ensure their and their family’s safety.
We also respect that law enforcement knows well how to protect the officers and their families, and how to do it as soon as possible.
A quick scan of local policies for investigation of police-involved shootings finds little to no guidance or agreement over how or when to release officers’ names. This is the case even as some policies shield police shooters from immediate questioning after a killing because they are traumatized by the event, an accommodation not afforded to ordinary people in similar situations.
Not everyone agrees withholding officer names after a police-involved shooting for any prolonged period is a good idea.
Writing in a 2010 issue of Police Chief Magazine, Montgomery County (Md.) Police Department Assistant Chief for the Investigative Services Bureau Drew J. Tracy advocated for a mandatory release of names 48 hours after a shooting occurs.
Calling the review of officer-involved shootings “the most critical investigation in any law enforcement agency,” Tracy argues that quick release of officers’ names is in the best interest of the public due to heightened media inquiries, citizen inquiries, liability issues and potential long-term damage to the department’s reputation. Waiting no longer than 48 hours to release the names of all persons involved allows ample time for officials to deal with any safety concerns,” he said.
“A professional, timely media release issued by the head of the agency sends the message that this is a serious incident that will be handled with expertise and professionalism,” Tracy wrote.
Sadly, that has not been the case for Kionte Spencer or his family.
The ACLU of Virginia calls on all law enforcement agencies in Virginia to revisit their policies on police shootings to include a requirement that officer names be released within 48 hours or as soon thereafter as any needed provisions to protect the officer or his/her family’s safety are in place.