Two other Washtenaw County sheriff's deputies disciplined for West Willow incident
Two Washtenaw County sheriff’s officers have been suspended without pay for their involvement in a violent struggle in Ypsilanti Township three years ago that left a man dead and his brother injured.
Neither have worked since the June 1, 2006, incident. Both were on paid leave, but are soon expected to return to duty after serving unpaid suspensions.
Sgt. Shawn Hoy, who was acquitted on a federal civil rights violation charge, has been demoted to deputy and was suspended for 30 consecutive days, said his attorney, Jim Fett.
Deputy Aaron Hendricks, who wasn’t criminally charged, has been suspended for 60 business days, Fett said.Â
Sheriff Jerry Clayton, who fired two other deputies involved in the case, wouldn't discuss specifics of the unpaid suspensions when reached today.
“It’s not fair to the employee for us as the employer to put their business out to the public…” Clayton said.
“If you’re staying in the organization, we want you to be successful,” he said.
On June 1, 2006, Clifton Lee Jr. died of suffocation under a pile of sheriff’s deputies after he and his brother approached a traffic stop involving their nephew in the West Willow neighborhood. His brother, Bruce, was injured.
Hoy was acquitted in December on a charge accusing him of using unreasonable force against Bruce Lee by pepper-spraying him and failing to stop another deputy from kicking him.
Fett called Hoy’s suspension “ridiculous.”
“Not just because he was acquitted, but more than that, he didn’t do anything wrong,” he said.
Hendricks may have made some inappropriate comments at the scene, but no one alleged he had anything to do with Clifton Lee’s death, Fett said.
Fett questioned why the department waited three and a half years to discipline the two. It speaks volumes about the department’s “conviction or lack of conviction” the deputies did anything wrong, he said.
“You’re supposed to discipline in close proximity to the action,” Fett said.
Clayton, who took office this year, said the internal investigation continues.
Last month, Deputy Joseph Eberle and Deputy Eric Kelly were fired for their involvement in the incident.
Eberle was acquitted last November on a federal civil rights violation that accused him of using unreasonable force against Clifton Lee.
Prosecutors alleged Eberle was responsible for killing Lee by hitting him and kneeling on his neck.
Kelly pleaded guilty to a federal charge of using unreasonable force against Bruce Lee by kicking him, leaving him with head injuries. He was sentenced in March to one year of probation.
Eberle, Hoy and Hendricks are suing the department, claiming they were racially discriminated against by former Sheriff Dan Minzey and police investigators.
In the lawsuit, they claim the previous sheriff’s administration wrongfully suspended them because they’re white officers involved in a fight with black men, one of whom died. Fett is representing the three.
Washtenaw County recently agreed to settle a lawsuit filed by Bruce Lee for $1.375 million. The county previously settled with the estate of Clifton Lee for $4 million.
Lee Higgins covers crime and courts for AnnArbor.com. Reach him at leehiggins@annarbor.com or 734-623-2527.
Comments
Michael Schils
Fri, Oct 30, 2009 : 2:02 p.m.
Lefty, you haven't indicated what is the source of your information nor given any clue as to what your relationship is to the parties involved. Your claims would seem to carry more weight if you are relying on the expanded tape you refer to, rather than the testimony of the officers, although your interpretation of this video would be subject to any biases you may have from, I presume, your ties to Law Enforcement. But even if I give you the benefit of the doubt regarding your objectivity, your statements of fact are still exceptionally vague. For example, what exactly do you mean when you say, "Clifton Lee charged in to assist his brother"? My understanding is that Clifton was not even on the same side of the street as the officers, when Deputy Hendricks told him to back up. Is this correct? If so, it's difficult to understand why Hendricks felt so threatened by his presence. It seems just as easily likely that Hendricks didn't want Clifton to see what Deputy Campbell was doing to his brother. Then you say Clifton "continued to make aggressive actions and verbal threats". Again, I have no idea what this means or what source you drew this conclusion from. I asked you to explain why the only specific words you attributed to Clifton should necessarily be considered a threat, but you did not answer. You then say the Lee brothers were not merely checking on their nephew, but instead they were there "to intervene and cause a problem". Again, I have no idea how you could be so certain regarding their intent, or what source you could have concluded this from. One of the released videos shows Clifton from the point he was taken down until Deputy Eberle picks up his lifeless body by his shirt and drops him like a sack of potatoes. You'll have to explain to me at which point in the video you feel Clifton was "attempting to stand up and fight". All I hear and see in the video is a man howling in pain and struggling for his life. It is beyond me how you could have determined that Clifton's intent was to "fight". You made no attempt to respond to my request that you explain how Eberle's use of the chemical agent, which you refer to as "ACR", was in accordance with his department's policies, when Eberle had not even received any training regarding its use. Do you have a specific policy in mind that instructs the officers to spray the ACR into the mouth of a perp and cup their hand over the mouth and nose to prevent breathing?! How would such a practice not result in exactly the panic and the lethal escalation of force that occurred? Lefty, until you provide more info regarding the source of your claims and your relationship to the parties involved, I can't help but regard your account as just another anonymous apology for police brutality.
lefty3921
Wed, Oct 28, 2009 : 12:57 p.m.
Schils, Once again, I can not emphasize enough that unfortunately, if all of your information comes from 1 source, the paper, you are not fully informed. Mr. Lee did much more then just "have his hand on his cell phone". At a time when a deputy was in the process of a struggle to arrest Bruce Lee for interfering with the traffic stop, Clifton Lee charged in to assist his brother. This is when Clifton Lee was told to stand down and back up. Clifton refused to do this and continued to make aggressive actions and verbal threats even when the other deputy had drawn his weapon and was CLEARLY telling him to back up. Deputy Hendricks had his partner behind him and on the ground wrestling for control with Bruce Lee and had Clifton Lee attempting to participate...Does this sound like "innocent" behavior. The Lee brothers did not show up that night to "check" on the car or to observe the traffic stop to determine if any thing was done wrong. They went that night to intervene and cause a problem which...is against the law. The true facts show that Clifton's actions warranted an arrest. Law enforcement officers should not have to tolerate this type of behavior when conducting a legitimate traffic stop, regardless of where they are. I say that Clifton resisted with every ounce of his strength and this was before Dep Eberle used the ACR on him. The record shows that Clifton had 1 wrist in cuffs and when they we're attempting to restrain the other wrist he ripped his hand away and was attempting to stand up and fight. This is what led to the further aggressive measures that unfortunately led to his death. These other measures were also found to be not only lawful but not against department policy for this situation. Dep Eberle was not attempting to "execute" Mr. Lee but only to subdue a large man who was fighting with a fellow deputy. Mr. Lee was not trying to "run home" innocently..he was resisting arrest. I have said numerous times before, Mr. Lee had NUMEROUS opportunities to stand down and de-escalate this situation but he chose to interfere, fight and resist. These actions unfortunately and accidentally led to his death. However, I still believe the majority of the blame rests with the deceased.
Michael Schils
Mon, Oct 26, 2009 : 12:07 p.m.
Lefty, thank you for the response, however, you still seem to come up short regarding some specifics. How exactly and at what point did Clifton Lee's behavior become "threatening and unlawful"? On the expanded tape, you say you heard Clifton say he was "going to get my boys to take care of this". This is a very non-descriptive statement, as it would seem difficult to determine what is meant by "my boys" or "take care of this". To call this a "threat" is quite a stretch. What are the "aggressive actions" you say Clifton made against the deputy? My understanding is that Clifton had his hand on his cell phone and he clearly told the officers it was just a cell phone. You say when the officers attempted to arrest Clifton, "he resisted with every ounce of his strength". You must be aware that deputy Joseph Eberle sprayed pepper spray into Clifton's mouth and cupped his hand over it before kneeling on the back of his neck and pressing his face into the ground! What would you expect Clifton to do, Lefty? He was using "every ounce of his strength" just trying to breathe to survive! My saying Clifton was "summarily executed" relates to the actions of deputy Joseph Eberle. It came out in court that Eberle had received no training from his department regarding the use of pepper spray, yet there he was, attempting to asphyxiate a citizen with it. You tell me, Lefty, what Eberle was trying to do when he discharged the pepper spray into Clifton's mouth before pressing his face into the ground, because I can't see how Eberle would have expected any other outcome than what actually occurred. ownrdgd, you say you worked in West Willow and it is a "very violent place day or night". Please describe just one specific incident you witnessed personally, which helped convince you of this violence. (Not that any of this purported history of "violence" in the neighborhood would justify a gang of officers attacking and killing a citizen who was trying to run home, or pulling his handcuffed brother out of a squad car to be beaten and kicked in the head with steel-toed boots.)
lefty3921
Sun, Oct 25, 2009 : 10:07 p.m.
Schlis, Yes I have seen an expanded version of the tape and this goes to prove that once again, public opinion is more influenced by the media rather then the facts of the case. To say that Clifton Lee was "Summarily Executed" is not only not true but is the type of falsehood that incites this situation into what it has become. Mr. Lee was being arrested, not for "checking" on his nephew during a perfectly legitimate and rather subdued traffic stop that most likely would have led to no citations, but rather he was being arrested for intervening in this stop and making aggressive actions as well as threats towards a deputy. During this attempt to arrest him he resisted with every ounce of his strength. HIS actions led to the need for greater force to be used against him and unfortunately, but not due to any action or intent of any individual deputy, this resulted in his death. While tragic for Mr. Lee's family I still can not help to think that the majority of the blame rests with Mr. Lee. He had AMPLE opportunities to disengage from his threatening and unlawful behavior but only chose to do so when multiple officers arrived and even then he chose to resist to a point that required extreme measures. To say this was an "execution" requires intent and as I said before, I am sure every deputy would much rather have Mr. Lee back behind bars and not in the morgue.
ownrdgd
Sun, Oct 25, 2009 : 11:18 a.m.
I agree wholehardly with no9nascar.I used to work for a company that did jobs in west willow and I used to dread working there in the day time let alone going there at night.Its a real jungle,no joke.Its a very violent place day or night.I'll admit it now as I am retired,I used to carry a 12 ga. shotgun in my work truck when I had to work there.
Michael Schils
Sat, Oct 24, 2009 : 11:47 a.m.
So do you speak from experience, No9, or are you just expressing some pre-conceived notion you have about the West Willow neighborhood? All of these ANONYMOUS chants putting blame on the victims are nothing more than thinly veiled racism/classism coming from the ignorant and uninformed. But lefty3921, you seem to have access to info that most of the rest of us are not privy to, when you provide a direct quote from the deceased, which you perceived as a threat. These words you attribute to Clifton Lee could have only come from the audio/video from the Hendricks/Campbell squad car. This recording has not yet been released to the public, so lefty, you must have watched it during the court proceedings, am I correct? Please clarify and expound upon the point you were attempting to make. Are you saying the officers were justified in summarily executing Clifton Lee because of the words he uttered a few seconds before, which you perceived as a threat? (Arbor Update has a rather in-depth discussion, started several months ago, regarding this West Willow incident -- http://arborupdate.com/article/1788/west-willow-incident-videos-released#comment )
No9NASCAR
Sat, Oct 24, 2009 : 1:48 a.m.
For all of you critics of the WCSD... Please go to West Willow at about two o'clock in the morning. Drive around until you find a group of 4 or five guys standing on a street corner... and stop and talk to them for a few minutes. GOOD LUCK!
Anthony Starks
Fri, Oct 23, 2009 : 10:15 p.m.
This department is a complete mess. Someone was paid for 3 years and did not work a lick. Looks like even more tax dollars will be spent on the latest sexual harassment lawsuit. Please pray for the residents of washtenaw county because the sheriff's departemnt is giving out free money!
bunnyabbot
Fri, Oct 23, 2009 : 10:07 p.m.
Its not fair to the employee for us as the employer to put their business out to the public Clayton said.....hmm really, so you are found not guilty and the "internal investigation continues" give me a break. These men are still being set up by the department as scape goats, for past and future, "incidences". To me as a outsider I see an continuing internal investigation something that is left open to appease a certain segment of the public. It is also obvious to me that having the men on leave was a way the department hoped the men would exit on thier own. if the Lee family got a big settlement I hope these officers do as well.
thedime
Fri, Oct 23, 2009 : 9:37 p.m.
This story is all that needs to be said. The man becomes a millionaire and once again repeats the same actions that got him in trouble http://www.mlive.com/news/ann-arbor/index.ssf/2009/05/ypsilanti_township_man_at_cent.html
lefty3921
Fri, Oct 23, 2009 : 7:18 p.m.
Not to rehash this all over but...snapshot...what video did you watch. Defenseless?? Didn't we here him clearly saying that he was "going to get my boys to take care of this" Hmmm..threatening a cop after he already has had his gun drawn and told you to stand down. Not a good idea. It is unfortunate that Mr. Lee passed but I and the Jury did not see anything that these officers had done wrong. We all wish nothing more than Mr. Lee to be behind bars and the deputies back keeping us safe. All of them deserve to be working again and the sooner the better. The blame for this going on as long as it has rests with the former sheriff and his handling of it...that is the point of the lawsuit. Sheriff Clayton did atleast act although I think his actions we're just to appease a small minority of the residents of this county. This is EXACTLY why they have "union paid" lawyers...so that hard working deputies don't get railroaded by the political machine that they work for. I look forward to and will feel safer when the day comes that Hendricks, Hoy AND Eberle are back to work!
ownrdgd
Fri, Oct 23, 2009 : 3:02 p.m.
WOW 3 yrs/4 months PAID leave. Where do I apply. A real farce.
snapshot
Fri, Oct 23, 2009 : 2:26 p.m.
I can never understand how juries fail to convict these officers of a crime when there is video documentation of them brutaly attacking a defenseless person. I also don't understand why more frequent charges aren't filed against them. 4 or 5 trained and armed men taking turns kicking, slugging, and body slamming a guy already handcuffed and laying on the ground just doesn't seem right to me. I don't get it. Then they're suspended with pay,offerred an early retirement or a buyout to leave all while costing the taxpayers millions of dollars in lawsuit settlements for wrongful deaths and damages. We finally see movement towards holding them accountable and they feel they have a reason to sue for the consequences they suffered as a result of their actions. More than likely with a union paid attorney representing them. These unions have managed to squeeze every last bit of common sense out of the employee/employer relationship.
fosho09
Fri, Oct 23, 2009 : 2:25 p.m.
When will this ever end...I mean really.