Use Of Force In Fairfax Chief's Past Lingers As He Touts Reforms

FAIRFAX COUNTY, VA — New Fairfax County Police Chief Kevin Davis, who has been under a swirl of controversy since news emerged about lawsuits from his past, fielded questions from the public Thursday night during a call-in meeting.

"We are aware that there have been some incidents that have come to light that have raised concern in our community," said Fairfax County Board Chairman Jeff McKay, who hosted the public input session with Lee District Supervisor Rodney Lusk. "I want to reiterate that we have heard those and we understand those and we want to hear your questions tonight."

In his opening remarks, Davis stressed the importance of community policing and touted his experience as a progressive and a reform-minded police chief. He also shared elements of his 100-day plan to reform the police department.

"Our plan will focus on some key areas that the community demands that we improve upon," he said. "Use of force, particularly time, distance, de-escalation, and tactical repositioning of police officers in critical situations."

The Board of Supervisors committed to reforming the police force last year in the aftermath of George Floyd's death in Minneapolis. At the time, FCPD was facing criticism after body-worn camera video showed an officer from the Mount Vernon District using a taser to subdue a Black man in crisis.

Davis also said the department would address and train its officers about implicit bias, and examine its data in real-time in order to make quicker decisions based on the community's expectations for police performance.

In addition, Davis described himself as a "big supporter" of the co-responder model of community policing, which assesses whether an incident would better be addressed through public health support rather than a police response.

"Transparency and accountability are important to me," he said. "I will maintain a high level of community engagement through social media and my public affairs office. We'll continue to co-produce policies and general orders with the community. You will have a seat a the table when we identify new policies and improvements to existing policies."

In the days following the board's appointment of the new chief, news broke about two civil lawsuits filed against Davis while he was an officer in Prince Georges County, Maryland.

In the first case, the victim said Davis had violently taken him to the ground during an arrest. In the second, the victim sued Davis for false imprisonment. The victims in both cases won their lawsuits.

At a news conference Friday, Davis was asked about the first case in Prince George's County, which took place in 1993 and involved a soon-to-be law student named Mark Spann.

Davis said his recollection of the incident differs from what Spann told NBC4 in a recent interview. The new Fairfax County police chief did admit that he "definitely" would handle the incident differently today if he had it to do all over again.

"While his account and my account differ … I wish him nothing but the best," Davis said.

During Thursday's call-in session, Jeremy Monat asked Davis how he could protect at-risk communities and be a role model for his officers in light of the behavior he displayed as described in the lawsuits.

Davis responded by saying he was proud of his long record and the progress he has made serving vulnerable communities and communities of color.

"I served in two majority-minority jurisdictions that have been impacted by not only unconstitutional policing but have been ignored by local government," he said. "I'm proud of the fact that everywhere I've gone, I've been able to work with other county and city agencies to deliver better services to our residents."

Davis acknowledged that policing has changed over his career.

"I've certainly changed and grown and learned many lessons throughout the course of my career," he said. "Every year along my journey I've learned more, I've become more attuned to community expectations and sensitivities, and from that I've become one of the most progressive reform leaders in our country. And I'm proud of that journey."

Monat also criticized the board for not being aware of the lawsuits in Davis' past before hiring him.

Karen T. Camplin, president of the Fairfax County NAACP, issued a statement expressing concern over Davis' appointment as the new chief and the lack of transparency in the hiring process.

"We are skeptical about the level of transparency and accountability that will be exhibited by law enforcement and county leadership, based on this deeply troubling appointment process," she said.

Camplin added that her organization had no confidence in the hiring process that led to Davis' appointment and asked the county to initiate a search for a new chief using a more transparent process.

Fairfax County officials have so far stuck with Davis as their choice to be the county's top cop. The board issued a statement of support on Tuesday. In addition, the police department shared positive quotes on Twitter from two former NAACP officials who had worked with Davis when he was the Baltimore City police commissioner.

Davis' first day on the job was Monday, and he has already been out in the community, meeting with groups and individuals, some of whom have expressed concerns, according to McKay.

"The Board of Supervisors is proud to have Chief Davis on board," he said. "We know that he brings with him extensive experience in police reform. We know that he will move Fairfax County to the next level, a level the is expected as we in Fairfax County continue to lead the commonwealth on police reform and best practices in Fairfax County. No one is perfect. No agency is perfect. We always strive to improve."

At the news conference Friday, Davis conceded that morale is an issue among officers in Fairfax County due to demands from communities for improved policing techniques and calls for greater accountability in use of force incidents. "Everyone [across the country] is having trouble recruiting quality new police officers," Davis said.

Officers want to be treated fairly, and Davis pledged that he would respect the rights of police officers in Fairfax County and offer them due process when reviewing incidents.

Davis said police officers' actions in Fairfax County will be "objectively reviewed."

"They're going to get due process from me," he said.

Davis emphasized he is going to be a "visible police chief." Earlier on Friday, Davis went to the scene of a homicide in Chantilly. The chief said he told police officers at the scene that he was there to offer his support.

As a visible chief, Davis said he also wants to show Fairfax County residents that he cares about what happens in their communities and protecting them.

Patch editor Mark Hand contributed to the reporting of this story.

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