Burlington Police arrest raises use-of-force questions anew - WCAX

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BURLINGTON, Vt. (WCAX) - The Burlington Police have released body camera footage from earlier this month where officials claim a teen resisted arrest and attacked officers. After a summer of protests triggered police reforms -- and budget cuts -- the question of use-of-force tactics is back in the spotlight.

The incident happened on the afternoon of Jan. 7. Burlington Police say officers Oren Byrne and Meaghan O’Leary arrested 19-year-old Mbayayenge Mafuta after responding to reports that he was allegedly trying to break into a car using a screwdriver. When officers arrived, they say Mafuta became “confrontational” and punched one officer and choked another. The officer’s body camera was knocked off during the scuffle but it recorded the graphic scene that unfolded.

According to Acting Chief Jon Murad, the department’s use-of-force policy permits deploying a taser in response to a subject committing an act of aggression, such as an attack on an officer consisting of strikes, kicks, or punches. The Burlington Police Department held a press conference to address community concerns Friday morning.

Reporter Christina Guessferd: Was this a lawful interaction by police? Do you feel that police were 100% in the way that they handled this specific situation?

Acting Chief Jon Murad: With regard to the law, I absolutely feel that.

Reporter Christina Guessferd: So you don’t think the officer could have done more to explain the reason for the stop?

Acting Chief Jon Murad: In this particular incident, there does not appear to be a lot of discretionary time, and discretionary time is what’s necessary for real de-escalation.

Reporter Christina Guessferd: Why not let this man walk away? Don’t touch him, follow him to wherever his destination is?

Acting Chief Jon Murad: It really raises a lot of issues that are confronting the community right now. What do we want police to do in this kind of situation? The fact of the matter is police don’t let criminals walk away. That’s their job.

A citizen who took cell phone video of the arrest unfolding reported what they saw to the city. Police say it’s the only other existing footage of this incident. However, they say they have yet to determine if it’s legal and appropriate to release that video publicly. The Burlington Police Commission will review all of the available video.

Burlington Director of Police Transformation Kyle Dodson says he believes the use of force in this case was lawfully justifiable, but laws can change.

“Why didn’t we allow the person to keep walking? We haven’t had that expectation in the past, but we could. We get into all sorts of questions... is the crime is to break into a car, you stand down, if it’s a rape, you go in there, if it’s a murder... a suspect is a suspect,” Dodson said. “Could we decide to intervene differently? Yes, we absolutely could.”

Burlington City Councilor Ali Dieng, I-Ward 7, says he would have handled the situation much differently. The mayoral candidate also questions why officers escalated the encounter over a relatively minor crime.

Reporter Christina Guessferd: Do you think the use of force was appropriate and necessary based on what you saw?

City Councilor Ali Dieng: The use of force was not necessary. They have the training, they’re stronger. Why do we need to use a taser for a black kid?

Reporter Christina Guessferd: Do you think the severity of the crime should play a part in how police respond?

City Councilor Ali Dieng: Yes, of course. This person did not kill a person and run away. He refused to stop. I would continue to walk with him until his destination. If he runs, I run.

Chief Murad also addressed why the officers did not let the suspect walk away, and rather chose to use force.

“We’re certainly having a lot of conversations in this community right now about how to do this going forward. If we really want people who are observed committing alleged crimes by third party witnesses and by people whose property is being taken or who are being harmed and that we are going to identify those people but then just let them walk away and leave because we don’t want to have any kind of interaction that could potentially lead to force, well, that’s a place this community has to actually come down on and say that’s what we want. I personally don’t believe that’s what the community wants,” he said.

Dodson insists on curating a community conversation about reform of this type of response. Councilor Dieng was also critical of the police after one officer failed to turn on her body camera. The city police commission reviewed and updated the body camera policy this past summer.

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Burlington Police arrest raises use-of-force questions anew - WCAX

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