No Racial Basis For McDonald's N-Word Police Case: Police Chief

GAITHERSBURG, MD — Montgomery County's top cop on Friday is disputing claims that officers who investigated a report of black men loitering outside a White Oak McDonald's were motivated by race, but called the language used by the officers — like the racial slur used by one white colleague — "decidedly unprofessional" and a violation of departmental policy.

"This was not an incident of racial profiling," Marcus Jones, Montgomery County's acting police chief, said at a press conference Friday. "Our officers are trained in constitutional policing while in the training academy and after they graduate. We exceed the state standards in this area. We do not tolerate racial profiling and it was not in evidence here."

Marcus' remarks comes two months after a video surfaced on social media of a white officer using a racial slur while talking to a group of black men reportedly loitering at a McDonald's. During this interaction, cops found marijuana and began searching the men's belongings.

"This is not what some people call a random 'stop and frisk' action," Jones told reporters. "It began with the officer approaching the four men in the video and asking them to move along."

"At that point, and what was not apparent on the social media video of the incident, was that our officers detected the odor of marijuana on at least two of the individuals," Jones continued. "This was probable cause for arrest, and the reason why the individuals and a backpack were searched."

One of the responding officers, Sgt. Michael McDannell, did not turn on his body camera when he approached the men and asked them to move along — which Jones said he was required to do. He only did that as the incident progressed.

The most controversial part of the interaction involved a white female officer. In the video, which one of the men recorded and subsequently posted on social media, the officer could be heard using the n-word.

"Hey, you want to get out of here fast, right? So if we have more people, y'all n***** been trying to (inaudible) something," she says.

Since the video has circulated online, residents and local elected officials have condemned the officers — especially the female cop — and called on the police department to release all officer-worn body camera footage.

In a letter to then-Acting Police Chief Russell Hamill in May, the County Council expressed dismay at the group of officers who "detained, frisked, and issued trespassing citations" to the four black men waiting outside a McDonald's for a ride to their jobs.

Also in response to the video, community activists took to social media to say they planned on holding a rally, march, and press conference in Silver Spring.

"The reporting and social media postings at the time reflected the view that we unfairly and perhaps illegally accosted and searched young men who had been customers of the restaurant and were waiting to be picked up to be taken to work," Jones said. "The evidence from our investigation presents a different view."

According to Jones, the four men were loitering outside the McDonald's. None of them ordered, picked up, or consumed food or drinks inside the restaurant.

In the end, all four men were issued trespass notices. Two of them were issued civil citations for marijuana possession.

"For the record, the store manager has asked that the trespass notices given to the four men not be rescinded, as some others have requested," Jones said.

During Friday's press conference, Jones announced that the police department was releasing 205 minutes of video taken with body cameras worn by the responding officers.

"I also want to emphasize that you will hear on this tape language from our officers that is decidedly unprofessional," Jones said. "It violates our Department policy, it is not acceptable to me and it is not acceptable to our community."

He added: "I want to apologize for the language of our officers that you will hear in the video. I am disappointed with it, and I want to be clear it does not meet our standards."

The Montgomery County Police Department has launched an internal investigation into the incident. According to Jones, a total of nine officers are under investigation. While eight of them are still patrolling the streets, the female officer heard using a racial slur in the video has been put on desk duty.