CHESTERFIELD COUNTY, Va. -- Chesterfield County Police continue to shield access to body camera footage of a police officer shooting and killing Charles Byers, a mentally ill man who was carrying a weapon, in July 2023.
Contrary to a previous statement by the department's former police chief indicating any member of the public could physically watch the footage at the police station, the department said it is no longer offering viewings of the video.
The police department's decision also contrasts the wishes of the Byers family who has been pushing for transparency.
“We feel like the people who might be interested in seeing it should have the opportunity," Peggy Byers, Charles Byers' mother, said in a previous interview with CBS 6.
Byers' parents said they want the video accessible to the public for two main reasons:
- So people can form their own opinions about what happened
- So it could be used for training purposes or potentially catch the attention of policymakers
“[I]t can be an agent for change — not just for law enforcement like used as training purposes if there's some sort of procedure change or protocol change and how you deal with the mentally ill, but other agencies and other people," Peggy Byers said.
But when the family's attorney requested the video through a Freedom of Information Act request, the department said it was already provided in response to a subpoena in a federal lawsuit.
Chesterfield Police requested a protective seal on the records, blocking them from public dissemination, and a judge granted it.
However, Chesterfield Police allowed CBS 6 and our legal analyst Todd Stone to watch the video on one occasion in April with a county attorney and the department's use of force trainers present, who narrated and explained the footage throughout the meeting.
The footage showed a 45 second interaction in which Byers backed away from officers nearly the entire time.
Byers held a hatchet down by his side and did not comply with orders to drop it.
After one officer tased him, and it did not work, another officer shot at him five times from about 13 feet away.
Byers then turned around to run away, and the same officer shot him two more times toward his back.
Byers then dropped to the ground and died.
Commonwealth's Attorney Erin Barr justified the shooting, but VCU criminal justice professor and policing researcher Will Pelfrey said the information about the video raises questions.
“Within three or four or five feet, someone with an edged weapon is a deadly threat. At 13 feet, there are very few humans that can jump 13 feet in the time that it would take an officer to fire a shot at somebody, so I think it’s unlikely that person represented a deadly threat in that moment, but again, I haven’t seen the video," Pelfrey said.
CBS 6 asked Chesterfield Police to watch the video again with Pelfrey, but the department denied our request.
“We are not offering another video viewing of the [body-worn camera] at this time. As you know, we pulled together a lot of resources (use of force and firearms experts, etc.) for the viewing we offered in April," Chesterfield Police spokesperson Liz Caroon said.
That decision appears to be a reversal of what former Police Chief Jeffrey Katz previously said about the video.
“Anyone that wants to see the video can come in and see the video," Katz said in July 2023, a week after the shooting happened.
Caroon did not respond to follow-up questions asking if Katz's offer was no longer valid.
A recent study from the Policing Executive Research Forum recommends departments across the country adopt clear policies in favor of "broad public disclosure" that reflect the values of "transparency and accountability" that come with implementing a body-worn camera program.
Researchers also listed some situations in which releasing video would not be appropriate including privacy concerns and impacts on court proceedings.
"While the introduction of [body-worn cameras] holds the promise of improving public perceptions of policing, delays in releasing high-profile BWC video are likely to erode trust and legitimacy. Given public expectations of transparency, law enforcement agencies need to adopt a strong policy on the release of [body-worn camera] video," the study said.
Chesterfield Police's policy is to withhold video, citing privacy concerns of community members in the midst of a difficult situation and the risk of having "no control of the integrity of the video and its use" after releasing it.
Henrico Police does not have a specific policy on the release of body camera footage of fatal police shootings but generally treats all requests for video as Freedom of Information Act requests.
Richmond Police's policy is to release video of all fatal police shootings within two weeks.
“It's not always comfortable for us, and it exposes us to criticism, but I think that I'd rather be judged for what we actually do than what is maybe perceived erroneously by the community," Richmond Police Chief Rick Edwards said.
Chief Edwards directed the policy in 2022, and he admitted it wasn't a popular idea among their attorneys.
“Obviously, it opens us up to civil liability," Edwards said. "And it wasn't just the city attorney's office that we brought into the decision-making. I did have a conversation with the commonwealth's attorney who had concerns but ultimately understood my position of trying to be as transparent as possible with our community."
Since the policy was implemented, the Richmond Police Department has released three videos. All the subjects shot by officers in those videos had guns.
The policy does allow police to withhold videos under certain circumstances, but police have not yet used any exemptions.
Edwards said he doesn't plan to in the future either – even if the circumstances in those shootings are questionable.
"The shootings we've had have been all armed people. Some of them were engaged in actually shooting at the officers involved. So, they weren't very controversial. What's going to happen when there is a more controversial one? And my response to that is, if it's bad enough, the outcry is going to be such that I'm going to have to release it anyway," Edwards said.
He added, “I felt that if we're going to talk about transparency, then yes, it can be uncomfortable. But it's important for us to follow through on that comment so that it’s just not something on the wall or something on a challenge coin — it is something we try to live by.”
CBS 6 also requested an interview with Chesterfield Police to discuss its policy, but a spokesperson said they were "going to pass."
CBS 6 reached out to the Chesterfield Board of Supervisors members responsible for recommending the next police chief, Jessica Schneider and Kevin Carroll, for their thoughts on the policy.
Schneider said, "I want to remain impartial as a member of the selection committee and don’t feel comfortable answering now. Whereas I feel your question is a bit controversial, I appreciate you bringing it up and will definitely keep it in mind through this process."
Carroll has not yet responded.
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