Cohen: Darrius Stewart’s Death Raises Serious Questions that DOJ Should Investigate
[WASHINGTON, DC] – Congressman Steve Cohen (TN-09), Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, earlier today called on U.S. Attorney General Loretta Lynch to bring to bear the full resources of the U.S. Department of Justice (DOJ) as authorities investigate the death of a 19-year-old African American man, Darrius Stewart, who was killed in Memphis by a police officer following a routine traffic stop of a car in which Stewart was a passenger. The investigation of this death has been referred by the local prosecutor to the Tennessee Bureau of Investigation (TBI), an independent agency whose records are sealed. Just minutes ago, the TBI announced they will share information with the local prosecutor who can choose to make information public at an appropriate time.
“The shooting of Darrius Stewart by a Memphis police officer raises serious questions that must be answered,” said Congressman Cohen. “I appreciate that the local prosecutor has referred this case for an independent investigation, something I have proposed should happen in all cases where use of police force results in death, but any prosecution stemming from Mr. Stewart’s death should be carried out by an independent prosecutor as well. As a matter of national policy, decisions to investigate and, if need be, prosecute police use of deadly force should not be placed in the hands of local prosecutors who rely on a strong working relationship with those same officers. I have also reached out to Attorney General Loretta Lynch to ask for the help of the Department of Justice to determine whether any civil rights have been violated.”
Congressman Cohen introduced legislation in May, the Police Training and Independent Review Act, with Congressman Lacy Clay (MO-01, which includes Ferguson, Missouri) to help encourage states to require independent investigation and prosecution of incidents in which police use of deadly force results in a death or injury. It currently has 36 cosponsors in the House and is supported by the NAACP. Currently, police-related civilian death cases are rarely prosecuted. The legislation would remove an obvious conflict of interest between local police and the prosecuting District Attorney, who relies on a close working relationship with those same police officers to carry out other prosecutorial duties.
Text of the Congressman’s letter to Attorney General Lynch follows (pdf here):
The Honorable Loretta E. Lynch
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Lynch:
I write to ask that the Department of Justice open an investigation into the recent shooting death of Darrius Stewart, a 19 year old African-American man, by a white Memphis police officer, to determine whether any federal civil rights laws were violated. While I recognize this incident is still under investigation in Tennessee and that no firm conclusions can be drawn, initial reports are deeply concerning.
According to Memphis police, the officer pulled over a vehicle for a headlight problem. Mr. Stewart was a passenger in the car.
The officer placed Mr. Stewart in the back of a squad car -- without handcuffs -- while he tried to verify whether Mr. Stewart was subject to active warrants.
According to the Commercial Appeal, “Shortly after verifying the warrants, police said, the officer reported by radio that the suspect had been shot and requested an ambulance. According to police, the officer opened the door to handcuff Stewart. Police said Stewart then kicked the door and attacked the officer, using the handcuffs to strike him. Police said the officer then pulled his weapon and fired.
It has also been reported that the officer was previously investigated for use of excessive-force, but the charge was not sustained.
This all raises many serious questions.
The local prosecutor, Shelby County District Attorney General Amy Weirich, has rightly called for an, “open and transparent,” investigation. However the matter has been referred to the Tennessee Bureau of Investigation, whose records are sealed under state law.
Without federal intervention, I fear we might never receive answers about whether the police acted properly and whether civil rights were violated.
I respectfully request the Department of Justice to investigate both the facts of this incident as well as any possible pattern or practice of police misconduct. Only the federal government has the resources, expertise, and independence to give this matter the full, fair, and public review that Memphians deserve. As you know, a pattern or practice of misconduct would be a clear violation of federal law, including 42 U.S.C. § 14141. Such conduct could include excessive force by police.
I also request that the Department consider deploying its Community Relations Service to Memphis to address rising community concerns resulting from this incident.
As a former Police Legal Advisor, I understand the difficult and dangerous job that law enforcement officials do on a daily basis, I know that it is imperative that the citizenry have faith and confidence in law enforcement. That can only be achieved when the facts are properly investigated and reported to the public.
Thank you for your consideration of this matter.
As always, I remain,
Most sincerely,
Steve Cohen
Member of Congress