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March 20, 2023

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News Maryland News

After Years of Legislating, Anton’s Law Goes Into Effect

October 1, 2021 by Maryland Matters

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After several legislative attempts in past years fell short, beginning today, civilians will have the right to request to review police misconduct records.

Anton’s Law, named after 19-year-old Anton Black, who died in police custody in 2018, reclassifies police administrative and criminal misconduct records from personnel records to public records, allowing them to be inspected by civilians through the Maryland Public Information Act.

“Let me be clear, we are not seeking justice for Anton because justice would have been Anton being alive today — with his daughter, with his family, with the very community that raised him,” Del. Gabriel Acevero (D-Montgomery), the bill’s House sponsor, said at a news conference Thursday. “But what we can get and what we’re fighting for is accountability … that will not only ensure transparency but ensure that those members of the public who are seeking information about investigative and misconduct records, that that information is not only accessible but we’re changing the way law enforcement operates in our communities.”

The law also puts limits on when no-knock search warrants can be utilized by police agencies, alters the standard requirements placed on general search warrants and requires law enforcement agencies to provide annual summarized data reports regarding their use of search warrants to the Governor’s Office of Crime Prevention, Youth and Victim Services.

Acevero and Sen. Jill P. Carter (D-Baltimore City), the bill’s Senate sponsor, unsuccessfully worked two versions of legislation bearing Black’s name in the General Assembly before their bill passed in 2021.

“My hope is that with the passage of Anton’s Law, we will no longer allow the patterns and practices of unconstitutional policing … and most importantly, we will save lives by preventing other heinous, brutal, extrajudicial killings such as that of Anton Black,” Carter said Thursday.

On Sept. 15, 2018, Black was chased on foot by police to his Greensboro home, forcibly dragged from a locked car, put in restraints and subdued under the weight of law enforcement officers for several minutes.

He died on the ground, feet away from the entrance of his mother’s home.

“Out of fear, this mother, this loving mother, Anton’s mother, had to compose herself the entire time while they were killing her son,” said René Swafford, an attorney representing the Black family. “And even in the midst of her pain, her anguish and her fear, she was the only one on the scene that night that did anything to try and de-escalate the situation.”

Carter said that Anton was “one of 31 extrajudicial killings” in Maryland in 2018.

“They threw him on the ground, they beat him, they choked him. He’s crying for his mother,” said Anton’s father, Antone Black. “My son was George Floyd before George Floyd, and there’s no justice, so far, for Anton Black, and there’s no peace for me.”

According to an autopsy report published by The Baltimore Sun, Maryland’s former chief medical examiner, Dr. David Fowler, ruled that sudden cardiac death with factors contributed by Black’s diagnosis of bipolar disorder was the cause of his death.

Fowler testified for the defense during the murder trial of former Minneapolis Police Officer Derek Chauvin in the George Floyd case. In his expert testimony, Fowler ruled that Floyd did not die because he was restrained, but because of sudden cardiac arrest exacerbated by drug use and potential carbon monoxide poisoning from vehicle exhaust.

Maryland Attorney General Brian E. Frosh (D) called for an audit of deaths in police custody overseen by Fowler during his nearly 20-year tenure.

‘The murders will not stop’

The Black family struggled for months to access police and autopsy records following his death.

Black’s sister, LaToya Holley, testified before the House Judiciary Committee in 2020 that only after the media pressed Gov. Lawrence J. Hogan Jr. (R) to comment on the case did they receive any State Police or Medical Examiner reports.

Holley said Thursday that, in the meantime, her brother was “demonized purposefully and was made out to be this really bad young man to … prevent the media from actually reporting accurate information.”

“They took the narrative that was provided to them by the law enforcement officers and ran with it,” she said. “It is something that I’ve never forgotten; of course it’s forgiven, but the killings aren’t going to stop.”

One of the police professionals who pursued Black, former Greensboro officer Thomas Webster IV, had multiple use of force reports on his record during his time as an officer on a Delaware police force.

Kenneth Ravenell, an attorney for the Black family, said that, while working in Delaware, Webster “assaulted over 29” Black people, and that the Caroline County police chief “falsified records” to allow him to work in Maryland.

Webster has since been decertified as a police officer by the Maryland Police Training and Standards Commission, though he was cleared of criminal charges in Black’s death.

In December 2020, the Black family and the Coalition for Justice for Anton Black, backed by the ACLU of Maryland, filed a wrongful death lawsuit in federal court against the state, the town of Greensboro, Fowler and Webster, among other municipalities, medical experts and members of law enforcement.

The lawsuit asserts that excessive force, racial bias and “positional asphyxiation” — rather than Fowler’s ruling of a cardiac condition — caused Black’s death.

Ravenell, who represents the Black family in the suit, said that law enforcement is trying to get the case dismissed on the basis of qualified immunity.

Qualified immunity is a Maryland law that exempts state and municipal employees from civil liability for actions that infringe upon the rights of others if they fall within the scope of their job description, were objectively reasonable or were enacted without malice or gross negligence.

“We know that until we get rid of things like qualified immunity — when these police officers have this protection under the law that the Constitution never guaranteed them — that we are not going to get justice and the murders will not stop,” said Ravenell.

In addition to Anton’s Law, a bill sponsored by Senate Judicial Proceedings Committee Chairman William C. Smith Jr. (D-Montgomery) that limits law enforcement’s ability to procure military equipment and would set forth a process to independently investigate use of force incidents that result in death will also go into effect Friday.

By Hannah Gaskill

Filed Under: Maryland News Tagged With: anton black, inspect, Maryland, misconduct, police, public information, records

Former Md. Chief Medical Examiner Appears as Defense Witness in Chauvin Trial

April 15, 2021 by Maryland Matters

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Maryland’s former chief medical examiner testified Wednesday as a defense witness during the murder trial of former Minneapolis police officer Derek Chauvin.

Dr. David Fowler, who retired in 2019, is a defendant in a wrongful death lawsuit brought by the family of Anton Black, a 19-year-old killed in police custody in 2018 after being subdued on the ground for six minutes in Greensboro.

According to an autopsy report published by The Baltimore Sun, Fowler ruled Black’s death an accident, stating that sudden cardiac death with factors contributed by Black’s diagnosis of bipolar disorder was the cause.

Sonia Kumar, a senior staff attorney for the ACLU of Maryland, criticized Fowler’s testimony.

Kumar said Fowler downplayed “the role of police actions in causing a death,” in the cases of Floyd and Black.

“Dr. Fowler is again ignoring plain evidence in the killing of a Black man who would be alive but for the actions of other people because those people were police. Medical examiners hugely impact our ability to end police violence,” she said in a statement. “When medical examiners and others downplay the role of police actions in causing a death, they are both protecting police and hiding information that could prevent avoidable deaths. That is exactly what happened in the police killing of Anton Black, and other Black people in Maryland. We hope that ends now.”

“Under Dr. Fowler’s leadership, the Maryland Office of the Medical Examiner has been complicit in creating false narratives about what kills Black people in police encounters, including Tyrone West, Tawon Boyd, Anton Black, and too many others,” Kumar said in a statement.

“The medical examiner’s office ruled that Anton Black’s death was not a homicide even though video showed police chase him, tase him, and pin him face down to the ground after he was handcuffed and at which point he stopped breathing,” Kumar said. “The medical examiner blamed Anton for his own death — peppering its report with false claims about laced drugs, a heart condition, and even Anton’s bipolar disorder — instead of the police who killed him.”

Chauvin faces murder charges for the death of George Floyd, who died on May 25 in police custody; witness videos showed Chauvin kneeling on Floyd’s neck for nearly 9 minutes.

Floyd’s official cause of death on his death certificate prepared by Dr. Andrew M. Baker, the Hennepin County chief medical examiner, was ruled a homicide. He died of cardiopulmonary arrest caused by “law enforcement subdual, restraint, and neck compression,” according to the report.

Heart conditions, “fentanyl intoxication” and “recent methamphetamine use” were listed as other contributing conditions.

Fowler said he believes that recent drug use and potential carbon monoxide poisoning from vehicle exhaust “contributed to Mr. Floyd having sudden cardiac arrest.”

“In my opinion, Mr. Floyd had a sudden cardiac arrhythmia due to his atherosclerotic and hypertensive heart disease — you can write that down multiple different ways — during his restraint and subdual by the police. And then his significant contributory conditions would be … the fentanyl and methamphetamine,” Fowler told the court Wednesday.

“There is exposure to a vehicle exhaust — so potentially carbon monoxide poisoning … and the other natural disease process that he has. So all of those combined to cause Mr. Floyd’s death.”

Medical witnesses called by the prosecution earlier in the trial testified that any potential contributing factors were irrelevant and that Floyd died because of Chauvin’s actions.

The appearance of Fowler at Chauvin’s trial comes on the heels of the end of Maryland’s 2021 legislative session, where lawmakers worked to enact sweeping police reform legislation inspired by national outrage at Floyd’s death.

The General Assembly presented five reform bills to Gov. Lawrence J. Hogan Jr. (R) — two of which he allowed to become law without his signature.

He vetoed the remaining three, including Anton’s Law, named in honor of Black, which will regulate the execution of search warrants and allow officer misconduct records to be disclosed to the public.

“When 19-year-old Anton Black was tragically killed … I was among the first to call for full transparency and answers for his family from law enforcement and the medical examiner’s office. I support updating procedures to executing search warrants and the disclosure of investigatory and personnel records,” Hogan wrote in his veto letter, in which he said the changes proposed by the legislature were too restrictive. “As amended, these provisions place the officers’ safety at risk, erode officers’ relationships with the residents of our most vulnerable communities, and deter witness participation in the prosecution of violent crimes.”

The legislature overrode Hogan’s vetoes to the police reform package Saturday.

The bill’s sponsors Sen. Jill P. Carter (D-Baltimore City) and Del. Gabriel Acevero (D-Montgomery) have worked with the Black family over the course of several years to enact this legislation. And while they hail its passage as a win, both said more reforms are needed.

“While passage of this legislation won’t bring Anton back nor will it heal the pain of his family and community, with Anton’s Law we’ve moved a step closer to building community trust by ensuring transparency, which is critical to holding law enforcement as well as agencies accountable,” Acevero said in a statement. “As historic as the passage of Anton’s Law is, there’s more work to be done, and don’t plan on resting any time soon.”

By Hannah Gaskill

Filed Under: Maryland News Tagged With: anton black, autopsy, derek chauvin, dr. david fowler, George Floyd, medical examiner

Anton Black’s Family Files Federal Suit Over Teen’s September 2018 Death in Police Custody

December 18, 2020 by John Griep

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The family of Anton Black has filed a federal lawsuit charging wrongful death, excessive force, battery, and other counts in the teen’s Sept. 15, 2018, death while being restrained by police officers.

Black, 19, died after being chased and pinned to the ground just outside his mother’s home.

Anton Black

Antone Black, father of Anton Black, said in a Thursday press release: “I am devastated. I’m shook up every time I pass by where Anton lived. My son was the heart of our family. Anton had his whole life ahead of him. He was an athlete, a model, he was in college, and he dreamed of being an actor. They took all that away from him, from us, and it hurts me every day.”

Jennell Black, Anton’s mother, said in the statement: “The memory of Anton being murdered in front of me while he pleaded for his life was too much. I cry all the time. I had to pass by my son’s grave every day and I had to move away.”

Black, a former champion athlete at North Caroline High School, an aspiring model and actor, and an expectant father, was a student at Wesley College in Dover.

Black’s family and the Coalition for Justice for Anton Black filed the lawsuit Thursday in federal district court in Baltimore, claiming the officers’ actions caused Black’s death as a result of positional asphyxiation.

The lawsuit names as defendants:

• Thomas Webster IV, then a Greensboro police officer;

• Michael Petyo, then the Greensboro police chief;

• Ridgely Police Chief Gary Manos;

• Centreville Police Officer Dennis Lannon;

• the towns of Greensboro, Ridgely, and Centreville; and

• the state medical examiner’s office, the assistant medical examiner who conducted Black’s autopsy, and the former and current chief medical examiners.

The lawsuit claims Webster was improperly hired and trained and failed to follow the police department’s handbook concerning de-escalation in a mental health crisis.

The case also includes a count of civil conspiracy, claiming the three officers, “among other unnamed police and emergency services personnel, conferred together immediately following Anton’s death and began constructing a false narrative of use of drugs (‘spice’) and abnormal strength to minimize and try to justify their prolonged, unconstitutional restraint of Anton by multiple officers applying direct pressure to his torso and binding his legs in ways that prevented him from breathing. In turn, they fed this narrative to the Maryland State Police.

“The State of Maryland, through the Maryland State Police, relied upon and perpetuated this false narrative in their purported ‘investigation’ into Anton’s death, disregarding contrary evidence plainly available on video Body Worn Camera footage showing that Anton was restrained face down by multiple officers, on his stomach with his knees bent back, for approximately five minutes after he had been handcuffed.

“Defendants Petyo, Town of Greensboro, Town of Ridgely and Town of Centreville likewise relied upon and perpetuated the individual officers’ false narrative about the police practices causing Anton’s death, using this misinformation and disregarding contrary evidence plainly available on video Body Worn Camera footage, to decline to investigate and discipline the involved officers.

“Defendant Russell Alexander (the assistant medical examiner who conducted Black’s autopsy) conferred, on behalf of the State of Maryland, with MSP investigators in a manner suggesting a mutual desire to avoid findings of police misconduct by the Medical Examiner in connection with Anton’s death. The Medical Examiner’s autopsy achieved this aim by departing from basic reasonable standards of forensic pathology and falsely absolving Defendant officers of actual or criminal responsibility, thus enabling Defendant officers to evade criminal charges for their unlawful conduct and forcing Plaintiffs to expend significant resources to disprove the Medical Examiner’s misrepresentations in order to gain access to legal redress.

“Defendants’ unlawful conspiracy harmed the Plaintiffs by exacerbating their severe mental anguish and emotional distress, by thwarting their access to civil justice and their efforts to ensure official accountability for Anton’s wrongful death as guaranteed by Articles 19 and 24 (of the Maryland Declaration of Rights).”

In addition to compensatory damages of more than $75,000, the lawsuit seeks:

• a permanent injunction that (i) prohibits Defendants, their officers, agents, employees, and successors from engaging in the discriminatory, unconstitutional and abusive practices complained of herein, and (ii) imposes a prohibition of similar conduct in the future;

• three-year monitoring of all law enforcement activity by all Defendants to prevent any further abusive and racially discriminatory practices;

• appropriate punitive damages, against Defendants in their individual capacities, in an amount to be proven at trial that would punish Defendants for their knowing, intentional, willful, and reckless disregard of clearly established federal constitutional and statutory rights as alleged herein and enter any and all injunctive decrees and relief necessary to effectively prevent Defendants from engaging in similar unlawful misconduct in the future; and

• reasonable attorneys’ fees, expert witness fees and costs.

Ken Ravenell of Ravenell Law, one of the attorneys representing Black’s family, said in a press release: “It is staggering how much was done wrong in this case that was improper, illegal, unethical and disgraceful. But today we took a bold step towards justice for Anton Black and against the police officers who took his life and also against those who were complicit in covering up the injustice. We are proud to have been chosen by Anton’s family to lead this fight and to partner with the ACLU of Maryland in this historic collaboration.”

René C. Swafford, another attorney for the family, said, “What happened to Anton could happen to any Black child or adult. The implications of the action of the Medical Examiner are far reaching. Deliberately substituting what Anton died with, instead of what he died from, as his cause of death, sends the community an undeniable message that they won’t convict white officers that assault Black people. There was more public outcry over water bills than this life lost.”

Richard Potter of the Coalition for Justice for Anton Black said: “Again, this is another classic case of white supremacy at its best. Officer Webster gets a second chance at his career. Anton doesn’t get a second chance at life. No person is above the law and all those involved in this senseless death of this prominent young African American male should be brought to justice. Anton did not deserve to die in the manner that he did, however he did deserve to still be alive and enjoy those monumental experiences with his daughter, as well as being a student at Wesley College pursuing his degree in Criminal Justice. We as a coalition recognize that justice delayed is not justice denied.”

Deborah Jeon, legal director for the ACLU of Maryland, which is representing the Coalition, said: “There must be justice for Anton Black. Whether it happens on Maryland’s Eastern Shore, in Baltimore or Minneapolis, we must put a stop to the brutal taking of Black lives by police, and do everything in our power to strip away and dismantle the structures of white supremacy that allow law enforcement to escape accountability and thwart justice time and again.”

Anton Black’s family is represented by Ravenell, Swafford, Leslie Hershfield, and Tomeka Church. The Coalition for Justice for Anton Black is represented by ACLU of Maryland Senior Staff Attorney Sonia Kumar and Jeon.

According to the lawsuit:

“Two years before George Floyd died after being restrained and pinned down by police, 19- year-old Anton Black … was killed by three white law enforcement officials and a white civilian in a chillingly similar manner on Maryland’s Eastern Shore. This lawsuit arises from the wrongful death of Anton Black at the hands of officers from three different police departments on September 15, 2018, and the ensuing efforts by public officials to protect the officers involved from the consequences of their excessive use of force against a Black teenager.

“On September 15, 2018, Thomas Webster IV, an officer hired by Defendant Michael Petyo and employed by the Greensboro Police Department (hereafter “Greensboro”), despite a documented history of violence and excessive force against Black residents, confronted Anton while he was in the midst of a mental health crisis. Officer Webster (“Webster”) was aware that Anton was a high school athlete experiencing mental health issues. However, instead of attempting to help Anton, Webster, along with Chief Gary Manos of the Ridgley Police Department and Officer Dennis Lannon of the Centreville Police Department, chased Anton to his home, smashed a car window near his head, fired a TASER at him, and then forced him to the ground, pinning his slight frame beneath the collective weight of their bodies. While immobilized in a face-down position on the ground with Chief Manos’ body and weight upon his back and the other officers and a civilian assisting in holding him down, Anton’s pulmonary ventilation was compromised, resulting in cardiac stress. Even after Anton was handcuffed, the officers ignored the danger they were causing and kept Anton in a prone restraint for approximately six minutes as he struggled to breathe, lost consciousness and suffered cardiac arrest. Anton, 19, while handcuffed and terrified, died from positional asphyxia as a direct and proximate result of the officers’ excessive force and racial bias, as well as the Town of Greensboro and Defendant Petyo’s knowingly hiring of an officer with a proclivity for violence against Black civilians; the State of Maryland’s knowing certification of an officer who had neither the character nor the temperament for employment as a police officer; the failure of all three towns to adequately screen, train and supervise their officers; Officer Webster’s unjustified and unconscionable escalation of a mental health crisis into a fatal confrontation; and the excessive force used by the officers, specifically including Chief Manos. Sadly, Anton’s mother witnessed her son’s death on the front porch of her home.

“Even as he died, officers began developing the false story they would use to defend their actions — falsely claiming that Anton was high on marijuana laced with another drug and exhibiting ‘superhuman’ strength. This was the story the officers fed to the Maryland State Police, the state agency charged with investigating Anton’s death, which used its authority to hunt for evidence to smear Anton and justify his killing by police. In the weeks and months that followed, Anton’s family and Plaintiff Coalition for Justice for Anton Black were forced to battle public officials to gain basic access to the body camera footage of his death and to the autopsy findings — which were not released until Maryland Governor Larry Hogan personally intervened.

“Meanwhile, the State of Maryland, through a Maryland State Police (“MSP”) ‘investigation’ and with the Office of the Medical Examiner (“ME”), collaborated with the officers who killed Anton to absolve the officers and the State government of responsibility. When the State finally released its autopsy findings, officials outrageously contended that Anton’s bipolar disorder was a contributing cause of death, as opposed to the law enforcement officers’ brutal actions in chasing, tasing, and pinning Anton down under hundreds of pounds of weight for six minutes until he lost consciousness and stopped breathing. Both the ME’s obfuscation of the obvious cause of death — prolonged restraint that prevented Anton from breathing — as well as the MSP report downplaying the role of police in Anton’s killing, were used to justify the State’s Attorney’s decision not to pursue criminal charges against the officers and to decline to convene a grand jury. As a result, Defendants collectively have escaped responsibility for Anton’s death, misrepresenting his killing as an “accident” for which no person or entity is accountable.

“Anton Black died at the age of 19 as a direct and proximate result of the Town of Greensboro and Defendant Petyo knowingly hiring of an officer with a proclivity for violence against Black civilians; the State of Maryland’s knowing certification of an officer who had neither the character nor the temperament for employment as a police officer; the failure of all three towns to adequately train and supervise their officers; Officer Webster’s unjustified and unconscionable escalation of a mental health crisis into a fatal confrontation; and the excessive force used by the officers, specifically including Chief Manos,” the suit claims. “Worse still, Anton’s death has gone unpunished because the very entities sanctioned to avenge his death conspired together to instead protect police and public officials, and evade accountability, risking future lives.”

Anton Black federal lawsuit

Filed Under: Top Story Tagged With: anton black, centreville, death, greensboro, lawsuit, police custody, ridgely, thomas webster IV

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