Decatur police chief implements repo policy

Mar. 19—Under a new vehicle-repossession policy, the Decatur Police Department will not "take any enforcement action unless a crime is apparent" because an officer's "sole responsibility is to keep the peace," not to assist in the repossession.

Police Chief Todd Pinion on Monday said he recently implemented the rule as a directive on what actions his officers should take in civil disputes.

"There are policies and it's up to humans to follow policy, but I think this would have helped or else I would not have put it in," Pinion said. "I do think it gives a little bit clearer instructions to the officers."

This is the first announced policy change since the fatal Sept. 29 police shooting of Steve Perkins at his home on Ryan Drive Southwest. A grand jury indicted former Decatur police Officer Mac Marquette for murder in the shooting. Marquette pleaded not guilty.

Mayor Tab Bowling fired three officers and suspended another for their involvement in the early morning incident for allegedly violating Police Department policy. Those four officers are Marquette, Joey Williams, Christopher Mukaddam and Sgt. Vance Summers. City officials refuse to say which officers the mayor fired and which he suspended for 10 days. All four appealed to the Personnel Board.

The new policy comes as supporters of Perkins case demand improvements to the Police Department.

City Attorney Herman Marks has been working on a new ordinance related to repossessions but, at his request Monday, the City Council tabled the proposed ordinance until the April 15 meeting.

Resident Claudette Owens, a pastor, has been working with Marks on the repossession ordinance. She said she asked for the delay because some of the people involved could not attend a planned meeting last week with Marks due to the school system's spring break.

Resident Rodney Gordon, chairman of the Morgan County chapter of the NAACP, said he doesn't think the city needs a new ordinance on repossessions.

Pinion said it makes sense to review ordinances occasionally, and the department tries to annually review policies and procedures through the Commission on Accreditation for Law Enforcement Agencies.

He said he likes that the proposed ordinance includes requirements that repossession agents must notify the Police Department 30 minutes before an attempted repossession and one hour after with complete information on the attempt.

"This will not only benefit a situation like the Perkins case, but help our investigations," Pinion said. "Right now, there's not anything in the ordinance that says they have to report their plans. It's just been kind of a courtesy."

Pinion said the Police Department command staff created the new policy based on other cities' policies. He said he used some of his contacts from the FBI National Academy, which he attended last summer, in seeking examples.

"Most of the examples came from bigger cities and sheriff's offices," he said.

The chief said he then presented it to the eight-person citizens' advisory board. He plans to expand the board to 11 people and hold monthly meetings.

Highlights of the new policy include:

—Officers "should encourage" disputing parties to seek the assistance of resolution services, legal counsel or to take the matter to civil courts. It also urges officers to use de-escalation techniques when appropriate.

—Officers shouldn't dismiss alleged or observed criminal violations as a civil matter. Instead, they should initiate an investigation and report criminal activity.

—While officers should inform those involved of a possible criminal charge, they "shall not enter a residence or private property without legal authority."

—In disputes over possession or ownership of vehicles or personal property, an officer should not take any enforcement action unless a crime is apparent.

—An officer "is to take no action and can have no participation in repossessions."

The new policy says, "The officer's sole responsibility is to keep the peace between all parties. If a debtor refuses to relinquish the property, or if there is or was a breach of peace, the bank or plaintiff must stop the repossession process and be referred to the courts."

Pinion said requiring that a tow truck operator discontinue a repossession when a breach of the peace appears imminent and go to the courts "is kind of the basis" of the new policy.

Justin Shephard, a neighbor of Perkins whose home was hit by several bullets during the shooting, said at Monday's council meeting that he doesn't see how police "could keep the peace without getting involved."

If an officer is on the scene of a repossession, Pinion said it's to make sure nothing illegal occurs.

"If something illegal happens, he or she may have to take action," Pinion said. "But, if they don't want to give up the car, we're going to tell (the tow truck operator) it's time to leave."

Anthony Viator, who was a friend of Perkins, said he doesn't see how the policy changes anything.

"I thought this was what they should be doing already," Viator said.

Councilman Carlton McMasters, council liaison to the Police Department, said he thinks the new policy "clears some things up. Hopefully, this prevents any confusion going forward. It's a civil issue."

McMasters said he believes this new policy should ensure there's not a repeat incident similar to the police shooting of Perkins.

"It covers more than repossessions. It covers all civil disputes," McMasters said.

Councilman Kyle Pike said it's good to hear that Pinion is making improvements and new policies for the Police Department.

"I would like to see him communicate them to the council and the public," Pike said. "That would be the next step from what he's doing internally."

Resident Maggie Porter said an incident on March 7 at York Place in Southwest Decatur should be used as an example for how police should respond to a call. She said they had their blue lights on as they arrived on the scene.

"They did proper protocol by getting out and knocking on the door," Porter said. "I appreciate the way they handled that guy."

— bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.