PLANTIFF'S EXIBIT 11- b
UNITED NATIONS HIGH COMMISSIONER
FOR RFFUGEES
February 27, 1991
Chief Lynn Herring
U.S. Park Police
Headquarters
1100 Ohio Dr., S.W.
Washington, D.C. 20242
Dear Chief Herring,
I am writing to you regarding an incident where a Park Police officer assaulted me and threatened me and another person. On February 25, 1991, I contacted Sgt. Jez on February, 25, 1991, with the Internal Affairs division to file a complaint. He suggested that I also write a letter to you informing you of the incident. For your records, my home address is 1827 Summit Pl., N.W., #G1, Washington, D.C. 20009, (202) 387-1996. My social security number is 285-46-9489.
The incident happened outside the Park Police station in Anacostia. I had driven down to the station with a friend, Lisa Fithian, after people had been arrested in Lafayette Park on Sunday night, February 24. We arrived at the station around 8:00-8:00 p.m. There was a white Dodge van parked next to wall of the parking lot (parallel to the road) to the side of the driveway. At this time, the van was to the left of the driveway. When we attempted to enter the driveway to the parking lot, the van pulled forward, blocking the driveway. As we were not able to drive into the parking lot, we backed up and parked down the road towards the bridge.
After parking, we ate some food we had brought. We needed to make several phone calls, to use the restroom, and to find out when people would be released from jail. We walked up the sidewalk towards the driveway. At the driveway, we turned up the sidewalk to enter the parking lot. The van had moved to the right side of the driveway and was facing the driveway. As we walked up the sidewalk on the left of the driveway and approaching the wall, the officer who had been in the van got out and asked us a question. When we asked him to repeat it, he stated that he could speak English well and wanted to know where we thought we were going. We stated that we wanted to use the pay phone and restroom, and to inquire about the people who had been arrested. He stated that we could not enter the parking lot. We asked why, and he replied, "Because I said so." We asked if there was a law which prohibited our entry, because there were no signs visible which stated that entry into the parking lot was prohibited. He stated that if we entered the parking lot, we would be arrested. We asked several more questions about why we could not enter the parking lot, but were never given an answer beyond his initial statements that if we entered we would be arrested and that entry was prohibited because "[he] said so."
The officer was wearing a black shirt and black pants. He was an African- American male, over six feet tall, and probably 200 lbs. In weight. He had no badge or identification tag indicating his identity. We asked him the office for his name. He replied that his came was "Kirby." We asked him what his last name was, but he did not respond. At this point, he walked away from us back to his van. He opened the door and put on had a badge on it. However, the badge was not legible. We walked over to the van as he shut the door. He rolled down the window and we asked for his badge number. At this point, he became angry and violent. He threw open the door and yelled something. I took a step back, but the corner of the door still struck my chest. He jumped out of the van and took approximately three steps toward Lisa Fithian. He stated, "if you don't get out of here I'll beat your ass." We backed away quickly and walked down the road toward the bridge.
After several minutes, we walked back over to the driveway and read the license plate number or the van (DC license #T-155109). We were afraid to ask any more questions of the officer or to approach him in any way. While getting the license number, we stayed away from the van, to avoid being assaulted further.
After five ten minutes, several police cars entered the driveway. We asked one officer to stop and inquired with him about why we could not enter the parking lot. He stated that it was prohibited and that we would be arrested. However, this officer was much more courteous and did not threaten or assault us in any way. I further stated that I had just teen assaulted and wished to file a complaint and charges against the "Officer Kirby." I specifically requested that a Sergeant be sent out so that I could discuss this with him or her. He stated that he would not do so, but that should call the Internal Affairs division the next morning.
I am greatly disturbed by the actions of "Officer Kirby" on this evening. He had absolutely no justification for assaulting me not or threatening me or Ms. Fithian. At no time, did we present any threat to him or to any property. We were merely inquiring why we could not enter the parking of a police station. His violence, apparently at having his identity known to us, was completely uncalled for.
I would like to again request a formal review of this officer's conduct and to request that charges be brought against this officer for assault and battery of myself and assault of Ms. Fithian. I would appreciate your prompt reply to this letter.
Sincerely yours,
/s/Jeffery D. Dillman
Jeffrey D. Dillman
Assistant Legal Counselor
Exhibit 11- C