Fredericksburg Police Detail Arrests, Chemical Agents Deployed

FREDERICKSBURG, VA — Nearly 60 people were arrested in the city of Fredericksburg during three days of demonstrations in the city in the wake of the death of George Floyd, according to a preliminary report released Thursday by the Fredericksburg Police Department. In response to the demonstrations, police used CS smoke, OC spray and sting ball grenades to disperse crowds, the report said.

The preliminary report as well as body-camera footage, incident reports, 911 calls, and other information collected over a two-month-long internal review will be given to a third-party consultant hired by the city to conduct an independent review of the city's law enforcement practices and instances of use of force and arrests during demonstrations between May 31 and June 2.

"I’m proud to tell you the employees of the Fredericksburg Police Department performed very well under very difficult circumstances and conditions," Fredericksburg Police Chief Brian Layton said Thursday in a statement. "These were new experiences for us, so we have learned a lot as an agency in the last two months."

In the preliminary report, the police department highlighted an incident on June 1 when a police officer was observed "potentially utilizing excessive force during an arrest of a demonstrator violating the curfew order on College Avenue."

The police department's Office of Professional Standards was notified of the incident and the officer was immediately put on administrative leave and revoked of his police powers as the department began an investigation, according to the report. The internal investigation included interviews and review of all body camera footage of the incident.

The police department determined that the officer's use of force — striking the demonstrator with his hand — was not permitted based on the department's Response to Resistance Policy Directive. The demonstrator, who was arrested, was not injured and refused medical treatment, according to the report.

The department's Office of Professional Standards presented its case to the Commonwealth’s Attorney for review and it was determined that criminal charges were not warranted against the police officer. However, Layton terminated the officer’s employment on June 25, according to the report.

In its review of the demonstrations, the report explained that on the evening of May 31, a member of the department's Tactical Field Force deployed a handheld red smoke canister onto Cowan Boulevard in front of where demonstrators were marching. Members of the Tactical Field Force wear helmets, soft body armor padded gear, shin guards and have access to shields, PR-24 batons and gas masks, according to the report.

This red smoke canister was picked up by a demonstrator and thrown back at police officers on Cowan Boulevard near Todd Bahr Drive. The grenadier then deployed a handheld ortho-chlorobenzalmalononitrile (CS) smoke canister at the crowd, near the driveway entrance to Fredericksburg Police Department, in an attempt to disperse the crowd. Additional CS smoke canisters were then used, which stopped most of the crowd and slowly moved east on Cowan Boulevard away from the police department, the report said.

Also on the evening of May 31, police used oleoresin capsicum (OC) spray on a demonstrator on Cowan Boulevard near the police department after the CS smoke had been deployed. An officer was ordering a demonstrator, who was in the roadway on Cowan Boulevard, to leave the roadway and the area due to the declaration of an unlawful assembly. This demonstrator allegedly punched the officer in his chest, prompting the officer to deploy the OC pepper spray toward the demonstrator’s face, according to the report. The demonstrator turned and ran into the crowd and was not able to be detained.

Late May 31, Fredericksburg City Manager Timothy Baroody declared a local emergency and implemented a curfew to begin at 11:30 p.m. The next day, the curfew was scheduled to begin at 8 p.m.

On June 1, when demonstrators marched to Falmouth Bridge, the Stafford County Sheriff’s Office declared an unlawful assembly and fired CS canisters at the demonstrators on the bridge. As demonstrators turned around to return to Fredericksburg, vehicles "began to join the demonstrators with vehicle occupants hanging out of the vehicles and on top of the vehicles screaming," according to the report.

The police made one arrest for unlawful assembly on Cowan Boulevard on May 31. Twenty-four arrests were made on June 1, including 22 for curfew violations, one for a pedestrian in the roadway, and one obstruction of justice. On June 2, 34 arrests were made, including 22 for curfew violations, one for unlawful assembly, seven for pedestrians in the roadway, one for stopping in the highway, one for loud exhaust, one for eluding, and one for concealed weapon carry violation.

Early in the morning of May 31, the police department's front vestibule and police memorial were damaged by fire. Over the three days of protests, seven police department vehicles were damaged, one police vehicle from a neighboring police agency was damaged, two privately owned vehicles of officers were damaged, a wooden fence was spray-painted in a residential area, two downtown businesses had glass doors broken, two vehicles were spray-painted in a residential area, two downtown businesses had front windows broken, and the Slave Auction Block was spray-painted on two occasions, according to the report.

“I want to thank our police department for their steadfast commitment to transparency and ethical policing," Fredericksburg Mayor Mary Katherine Greenlaw said Thursday in a statement. "Chief Layton and his team of officers serve and protect our City every day and this report shows that they are committed to responsible policing."

Officials from the third-party consulting firm, Police Executive Research Forum (PERF), are scheduled to visit Fredericksburg Aug. 25-27 to meet with the community as part of its review of the police department. PERF is scheduled to complete its review of the police department in six to eight months.

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