My last two videos are both updates on a video I made back in February, where an employee of a firearms-related company in Virginia Beach, owned and operated by former Navy SEALs, was arrested for allegedly stealing a missing AR-15 lower. Only 10 minutes after the arrest, while James was being interrogated, the missing lower reappeared somehow. My first update video discussed the fact that the former SEALs want my first video removed. Here’s that video:
You can watch the original video here. Yesterday I posted yet another update video about the fact that the Virginia Beach Police Department is apparently attempting to coverup this incident:
After the first update video, several of you served FOIA requests on the VBPD for the police report from this incident. Some of you received outright denials. At least one of you received a basic report with basically no substance:
But one of you actually did manage to obtain the report, after threatening to sue the VBPD over their denial to provide the report. But unfortunately, this is what they provided:
This is their explanation as to why they redacted basically the entire report:
This is the law they’re relying on to hide the substance of the report, which clearly documents their own misconduct. Here’s a great explanation as to how this is possible, from the guy who obtained the report:
For a short time after the passage of HB2004 in 2021, records of closed police investigations in Virginia were opened to public scrutiny. With the changes from that bill, the Virginia Freedom of Information Act made disclosure of criminal investigative files mandatory when the investigation was “not ongoing.” After the law took effect, the family of Kionte Spencer was able to obtain video of his fatal shooting at the hands of Roanoke County police officers—video that the department had refused to show his family since his death in February 2016.
That newfound transparency dimmed less than a year later, with the passage of HB734. In a swift reversal, legislators amended the law to give police departments and other law enforcement agencies complete discretion to decide whether or not to release records of closed investigations. Legislators who voted for the bill evidently believed the change was necessary to protect victims and their families from the release of sensitive photos of their loved ones. “We do want to protect victims as much as we can. We don’t want those pictures out on the internet,” Sen. Richard Stuart said during a committee hearing on the bill. In fact, the 2021 law already prohibited release of such photographs.
This is the text of the statute they rely upon:
Unsurprisingly, what’s happened is that the Virginia legislature has created a mechanism whereby police agencies can hide their own misconduct from the public under the guise of protecting sensitive crime-victim information.
While the statute appears to have all sorts of exceptions and varying applications, the key word is “non-mandatory,” which renders most of it meaningless. It puts disclosure entirely within the discretion of the police agency. If they want to produce it, they produce it. If they don’t, they don’t. So if it makes you look bad, they’ll produce it. If it makes them look bad, they won’t. This is unacceptable.
There is no public interest in allowing the government to coverup its own misconduct. Thus they either tricked the public with this legislation, or the law enforcement lobby tricked the legislature. Either way, it’s outrageous.
Also, here’s the 2nd Circuit opinion that was released yesterday that I discussed in yesterday’s video regarding de facto arrests:
https://storage.courtlistener.com/recap/gov.uscourts.ca2.55201/gov.uscourts.ca2.55201.85.1.pdf