Recruitment, Training and the Otieno Tragedy

Image taken from video: Deputies remove Irvo Otieno’s body from his room.

by James A. Bacon

Earlier this month, five Memphis police officers were charged with the murder of Tyre Nichols, a young Black man, after severely beating him during a traffic stop. Predictably, the mainstream media framed the story as an example of systemic racism in policing, even though all five police officers also were Black. Somehow, it was argued, the Black officers had internalized the culture of White supremacy.

Heather MacDonald with the Manhattan Institute offered a different interpretation. The officers ignored protocol for traffic stops. They failed to follow the chain of command. They issued contradictory orders. They botched the deployment of a taser and pepper spray. They ignored strict orders not to strike a suspect in the head unless he poses an imminent threat. None of this has anything to do with racism, she wrote, and everything to do with deficiencies in recruitment and training.

A similar incident has occurred in Virginia. Although it has not generated the same level of attention, it raises many of the same issues. Second-degree murder charges have been filed against seven Henrico County sheriff deputies and three hospital workers for the beating death of a mentally ill patient, Irvo Otieno, at Central State Hospital. The violence seems less motivated by maliciousness than incompetence but, whatever the case, the force was excessive.

MacDonald worries that policing in many communities is in a death spiral.  The Memphis Police Department (MPD)  is down more than 300 officers in the last two years, and 1,350 over the last decade, due to resignations and retirements. Due to recruiting problems, the MPD eliminated the requirement for a college degree. It began hiring more rookies with felony and misdemeanor charges. The stigmatization of police during the George Floyd protests made it even harder to recruit. With less experience on average than in the past, police are less likely to know how to respond effectively to situations. Nationally, more ugly incidents occur, more police are prosecuted, morale erodes, recruitment stalls, and matters just get worse.

One wonders if the MacDonald paradigm applies to the beating death of Otieno, who also was Black. The “White supremacy” framing doesn’t fit easily. Both Black and White deputies were involved. Confusion reigned. According to The Washington Post, there was such a tangled pile-on of deputies on Otieno that the judge had difficulty assigning relative degrees of culpability during bond hearings.

Much remains to be reported on this case, so drawing hard conclusions would be premature. What we can do is ask the right questions. MacDonald’s essay helps us devise queries that might otherwise go unasked.

  • How experienced were the deputies involved in the incident?
  • How much training had they received? Had they received training to deal with the kind situation they encountered at Central State?
  • Is the Henrico sheriff’s department short-staffed? It is having trouble recruiting deputies?
  • Has the sheriff’s department lowered its hiring standards in response to manpower shortages?

Labor shortages are endemic in the United States today. Many professions — teachers, nurses, law enforcement — are severely short-staffed. Employers are scraping the bottom of the barrel, sacrificing standards and accepting less qualified recruits in order to meet their staffing goals. It does not help the cause of recruiting qualified law-enforcement officers to throw around loose charges of systemic racism and legitimizing the sentiment that “all police are bastards.” If the profession is sufficiently stigmatized, bastards are the only ones who will be willing to serve!

A judge and/or jury will ascertain the guilt or innocence of the individuals who piled on Otieno. Meanwhile, Virginia lawmakers need to grapple with the larger implications. Was this a one-off incident or is Virginia’s law-enforcement system at risk for more tragedies like it? If so, do we blame “systemic racism”? Does tagging something “racist” provide useful guidance on how to prevent future incidents? Conversely, are we better off addressing failures in recruitment, standards and training that might be the root cause of the seeming ineptitude on display?

We won’t know the answer until more facts emerge. Until they do, let’s not settle for easy answers that confirm our biases.

James A. Bacon is executive director of The Jefferson Council. The views expressed here are entirely his own.


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Comments

43 responses to “Recruitment, Training and the Otieno Tragedy”

  1. James McCarthy Avatar
    James McCarthy

    “even though all five police officers were Black” in the Memphis situation and a mixed skin color group involved in the VA case and since both the dead were Black, a question of race-related causation is as logical a question as the others cited in the Manhattan Institute article. When aggregated across time and geography to include George Floyd and others, focusing on police conduct, staffing, and training is myopic.

    1. How do we know that the black LEOs were not white supremacists like Larry Elder?

      1. James McCarthy Avatar
        James McCarthy

        If you assert that Larry Elder is a white supremacist, his views are not relevant in this context. Only the views of the Black LEOs are pertinent.

    2. When aggregated across time and geography to include George Floyd and others, focusing on police conduct, staffing, and training is myopic.

      What do you mean by that? Police conduct is at the very center of the problem.

      1. James McCarthy Avatar
        James McCarthy

        I meant that the focus of the Manhattan Institute article as well as the BR author’s focus on training, recruitment, staff shortages should not exclude racial animus. You are correct in calling the “conduct” to my attention.

        1. I do not care if a police officer who has detained me hates me for the color of my skin, the length of my hair, the type of vehicle I am operating or any other of my characteristics. As long as he/she behaves professionally and treats me fairly they can think whatever they want about me.

          If they act upon any animus they have, however, they have crossed the line.

          It is a matter of self-discipline, and that can be taught.

        2. I do not care if a police officer who has detained me hates me for the color of my skin, the length of my hair, the type of vehicle I am operating or any other of my characteristics. As long as he/she behaves professionally and treats me fairly they can think whatever they want about me.

          If they act upon any animus they have, however, they have crossed the line.

          It is a matter of self-discipline, and that can be taught.

          1. James McCarthy Avatar
            James McCarthy

            IMO, jurisdictions must consider whether LEO recruits are virulently prejudiced, e.g. neo-Nazis, KKKers. Voters, taxpayers, and citizens have an interest in the character of LEOs if only to reduce the liability of all for illegal or unconstitutional conduct when law suits result, i.e. crossing the line.

          2. James C. Sherlock Avatar
            James C. Sherlock

            Find the new-Nazis and KKKers in the picture I provided.

          3. James McCarthy Avatar
            James McCarthy

            Jeez! Is there no end to your inanity? No suggestion was offered that such characteristics were involved. The comment only offered that the hiring of police officers needs to screen for such characteristics.

          4. …or Nation of Islam, Black Panthers, Antifa?

          5. James McCarthy Avatar
            James McCarthy

            Oath Keepers, Proud Boys, too.

          6. James C. Sherlock Avatar
            James C. Sherlock

            Animus and fear are two different things.

    3. James C. Sherlock Avatar
      James C. Sherlock

      Here is the “mixed skin color group” to which you refer. So now it is “skin color group” rather than race. Find the only white officer or hospital staffer in this picture. For this, we get Al Sharpton at the funeral.
      https://www.baconsrebellion.com/app/uploads/2023/03/Untitled.jpg

      1. James McCarthy Avatar
        James McCarthy

        Nice try but you failed to show the mug shots of the 10 charged which included two white men. My comment noted “mixed skin color group involved.” Once again, you’re impulse to find fault failed you.

    4. “When aggregated across time and geography to include George Floyd and others, focusing on police conduct, staffing, and training is myopic.”

      It’s not myopic to go where the facts lead.

      Nor is it myopic to weigh objective facts over highly subjective imputed motives.

      Additionally, the focus on “police conduct, staffing, and training” does not preclude racial animus. It’s an effort to find solutions rather than to insist that everyone, including black officers, is hopelessly racist and nothing can be done about it.

  2. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    I’m not sure what “systematic racism” or any other so-called “systematic bigotry” means. Behavior requires the exercise of free will at some point in time.

    One can make a good argument that, after extensive training, a person may respond in a trained manner to certain stimulus. For example, a police officer may pull a weapon and fire it in response to seeing an individual reaching for a visible weapon. But earlier, a conscious decision was made to train police and police recruits in that manner.

    Likewise, a cop may automatically pull over any car that has a broken taillight. But that too is based on decisions as to what is to be instructed. But a locality could decide that drivers should not be stopped for a broken taillight alone such that officers should not stop a driver based on a broken taillight alone. Once again, we have a conscious decision. Similarly, a “retrained” officer exercise free will whether to follow the new policy or not.

    We decide things. We need to look a how we decide things, including how police officers are trained.

    1. James McCarthy Avatar
      James McCarthy

      Systemic and systematic are not synonyms or equivalencies. Systemic connotes behavior or responses endemic to social or political views. Systematic refers to consistently performing in a certain manner. Trained or retrained police officers who choose not to abide by official policies or statutes cannot enforce the rule of law even handedly. That option ought not to be a choice mechanism based upon free will. Laws do not prevent criminal conduct only represent the consensus or norms of society including police officers. Trained or not, the community endows some with the exercise of judgment within those constraints, not free will. “Automatic” conduct is what training and qualifications may circumscribe.

      1. James C. Sherlock Avatar
        James C. Sherlock

        Which means, in this case, what exactly?

        1. James McCarthy Avatar
          James McCarthy

          Offering my opinion to another reader is the meaning.

  3. Eric the half a troll Avatar
    Eric the half a troll

    “It began hiring more rookies with felony and misdemeanor charges”

    Well, this jumped out at me. Is the State giving gun to individuals and authorizing them to kill in our name when the law states they can not even own guns privately…? If so, I am dumbfounded…

    1. I, too, have been found dumb by this…

      Tennessee Code § 39-17-1307 (c):

      (c)(1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:

      The person has been pardoned for the offense;

      The felony conviction has been expunged; or

      The person’s civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.

      (2) An offense under subdivision (c)(1) is a Class E felony.

      How can the Memphis police legally hire someone with a felony record to serve as a police officer?

  4. Eric the half a troll Avatar
    Eric the half a troll

    “It began hiring more rookies with felony and misdemeanor charges”

    Well, this jumped out at me. Is the State giving gun to individuals and authorizing them to kill in our name when the law states they can not even own guns privately…? If so, I am dumbfounded…

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    This is a tragic case all around. It seems to have been the kind of situation for which the Marcus Alert system was designed. As of now, there are only five official Marcus Alert localities or regions established. In this area, the city of Richmond has one. State law requires more localities to establish these teams in the future.

    One of the aspects of this situation that surprises and puzzles me is that it occurred in the state mental hospital after the deputies transported Otieno there. Where were the mental health professionals? Surely, they have had to deal with combative patients in the past and have had experience handling them.

    Governor Youngkin has been mostly quiet about the situation. His only comments were to declare, correctly, that the incident illustrates the urgent need to upgrade the state’s mental health system. The mobile crisis teams for which he had proposed funding in his budget amendments would probably be very useful in future situations like this. His not commenting on the deputies’ actions is probably for the best–any comments made before all the facts have been made known and the judicial process has worked would only serve to politicize the situation even more.

  6. Stephen Haner Avatar
    Stephen Haner

    Dealing with a reluctant and combative individual either in jail or in a mental hospital setting, or in transport between the two, must be a near daily occurrence somewhere in Virginia. That should be Job One in training. It shouldn’t end in death. Ever.

    1. James Kiser Avatar
      James Kiser

      Really? Then you have never ever dealt with a combative patient who is interested in killing you. Because he is crazy.

      1. Stephen Haner Avatar
        Stephen Haner

        In truth, thankfully, I never have.

        1. Lefty665 Avatar

          I can tell you from personal experience that an attack by someone who is mentally ill, even if they are small, can be startlingly aggressive and powerful.

          I don’t know enough to have an opinion about what happened with Irvo Otieno. I do know it can be difficult, and that is not an excuse for abuse.

          1. Matt Adams Avatar
            Matt Adams

            I concur with this statement. I have a developmentally disabled Uncle, though he’s more rotund he is so strong.

            He also perceives pain differently. My mother tells stories of my Grandmother breaking wooden spoons over his behind, while he laughed and told her “take it easy mom”.

            However, that anecdote could have been attributed to my grandmother only being 4’8″.

            I often liken it to Charlie from Flowers for Algernon and similar literary characters.

          2. Nancy Naive Avatar
            Nancy Naive

            Did they get away? 😁

          3. Lefty665 Avatar

            No, but when chasing a runner, especially a younger female, we would shake our ring of keys and proclaim to passersby that we were staff. Neighbors of the institute got used to it.

          4. Nancy Naive Avatar
            Nancy Naive

            Cops shot a autistic kid’s caretaker in Florida a couple of years back while he was trying to get the kid back to the group home.

          5. Lefty665 Avatar

            It can be hard to distinguish aggression from care taking. I have a friend whose wife has severe Alzheimers. She recently took off to walk to a nearby shopping center. When he caught up with her and was trying to convince her she needed to come home with him she got loud and argumentative and attracted the attention of other pedestrians. He found himself identifying himself, their address, and her illness to cell phone cameras. Fortunately it ended peacefully and to his relief he did not find himself facing cops too.

          6. Nancy Naive Avatar
            Nancy Naive

            Well, in this case, the caretaker was lying on the ground and the cops were yelling at the kid to get on the ground. Classic.

        2. Nancy Naive Avatar
          Nancy Naive

          I used to cross the street whenever I saw someone gesticulate and talking to themselves. Damned Bluetooth has ruined that approach.

          1. Lefty665 Avatar

            Knew a guy who had an early watch with the day on it. One time he was asked what day it was and he looked at his watch before answering. It almost got him locked up.

        3. James Kiser Avatar
          James Kiser

          I have and it is no fun.

    2. Warmac9999 Avatar
      Warmac9999

      So you would be for tranquilizers for every combative individual? How do you do that safely?

      1. Who said anything about tranquilizers?

      2. Nancy Naive Avatar
        Nancy Naive

        Darting? Dang autocorrect had a funnier choice.

  7. James C. Sherlock Avatar
    James C. Sherlock

    A combination of physical potential- size and strength – this man appeared huge – and fight-or-flight adrenaline rush can make subduing a man like the deceased in a psychotic episode almost impossible.

    I had a close friend who worked at Central State decades ago. He has told me stories of two or three of them struggling to control patients he encountered, and he was 6’3” tall and weighed 250 in great shape.

    He should not have died, but we also don’t know what means staff are allowed to use to subdue them and whether Sheriff’s deputies have the training and equipment to do so. We need more information.

    1. The involvement of deputies and a sergeant from the Henrico force while on the grounds of Central State in Petersburg is concerning. So is the video of an attack by staff on this same individual just hours earlier, inside the Henrico jail. So yes, we need more information.

  8. Agee Bryant Avatar
    Agee Bryant

    The rush to judgement in this case has been shocking. Why would anyone assume that these deputies are cold hearted, uncaring or poorly trained? Where does their expertise come from? These are incredibly difficult situations. The ugliness of human nature these deputies deal with on a regular basis is something most people will never understand and the thanks we give them when an interaction goes poorly is to charge them with murder, and put them in jail while politicians score political points in the media. This Sherriff’s office deals with violent and aggressive individuals on a daily basis while keeping them and the public safe. If those in power really want to make sure this doesn’t happen again then we should focus on finding out what went wrong in this case and adjusting procedures to try and prevent it from happening, instead of maligning and ruining the lives of these deputies and there families. They are not the enemy. The approach by this Commonwealth’s Attorney does the exact opposite.

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