From the Wilmington Star-News (2/27/09): The Star-News filed a complaint against the Wilmington Police Department Friday afternoon, seeking the release of all video recordings from the car crash that killed Officer Richard Matthews on Feb. 18.
Citing North Carolina’s Public Records Act requiring prompt disclosure of public material, the suit also requests all information from any electronic data devices used by some emergency response agencies to monitor how vehicles are being driven. The Wilmington Police Department has not said if their vehicles are equipped with such devices.
“A journalist’s essential function is to serve as a watchdog over a community’s government agencies. When a tragedy like this occurs, it’s our duty to help the community get a clear understanding of the circumstances surrounding the incident,” Star-News Executive Editor Robyn Tomlin said. “While we recognize the pain and sadness that this event has created for so many, it’s important for this community to understand how and why it happened.”
Lucy Crockett, public information officer for the police department, declined comment on the complaint via e-mail and referred all questions to the city attorney’s office. Calls to that office were not returned.
Matthews was killed at
1:30 a.m. Feb. 18 when he lost control of his cruiser on his way to back up another officer in pursuit of suspects allegedly throwing contraband from their vehicle. He was the first Wilmington police officer killed in the line of duty since James W. Nunalee in April 1978.
The Star-News sent a public records request for all audio and video recordings related to the crash to Wilmington Police Chief Ralph Evangelous on
Feb. 20. The request for video was for any recordings made by the dashboard cameras of all of the police vehicles involved in the pursuit, not only the vehicle of Officer Matthews.
On Feb. 24, the Star-News was informed by Crockett that the audio recordings of radio traffic from officers involved in the incident were authorized for release. Later that day, however, New Hanover County 911 administrator Steve Smith refused to make recordings of the tapes because he said the police department had not authorized their release.
After a 24-hour delay, the audio recordings were released five days after the first request was sent to Evangelous. The video recordings were withheld because the police department considers them evidence in an ongoing investigation.
The Star-News’ complaint cites a section of the Public Records Act that says videos recorded automatically from police vehicles while officers are on duty are intended to document officers’ work, not as an attempt to prevent or solve crimes. Therefore, the complaint argues, they are not investigative records.
“The information sought by (the) plaintiff is essential to the maintaining of the public’s understanding of and confidence in the work of law enforcement officials supervised by (the) defendants,” according to the complaint.
The audio, video and mechanical recordings created during the chase are records that belong to the citizens of this community, Tomlin said.
“While their release won’t bring Officer Matthews back, they may help us all understand how this tragedy happened so we can learn from it going forward,” Tomlin said. “Transparency results in greater understanding, which helps bring closure. Ultimately, that’s what we seek in this case.”
by Chelsea Kellner, Staff Writer