Officer disciplined

[Note: this story has been modified since its original posting.]

Columbia police have taken disciplinary action against an officer who police said provided information that led to an unjustified break-up of a party in the 1000 block of Rogers Street on Feb. 12. But on Tuesday, Police Chief Randy Boehm denied allegations by some of the partygoers that officers used unnecessary force to make arrests, bringing a birthday party to an abrupt and disturbing halt.

Boehm said the disciplinary action stemmed from Columbia police Officer Alan Mitchell’s “improper conduct.” He refused to say whether the action against Mitchell was connected to partygoers’ complaints, citing the disciplinary action as a “personnel issue.”

Boehm also declined to comment on the type of disciplinary action taken against Mitchell, who has been with the force for almost two years.

The police chief acknowledged officers were under stress due to the death two days earlier of fellow Columbia police Officer Molly Bowden.

“I do think it was a mistake,” Boehm said. “Bottom line, we aren’t making excuses for our officers. It had been a difficult week for us, but we do not hold ourselves to a different standard.”

The three-month investigation was prompted by complaints filed by 20 people who said police — some with weapons drawn — stormed the house, sprayed a man with Mace, tackled a woman and forcibly removed some partygoers. Six people were charged.

Boehm said the reason for entering the house was not valid.

“(Mitchell) did not have the proper foundation to enter the residence,” Boehm said. “If he did, arrests would not have been made.”

Boehm said he did not think Mitchell intentionally misled the other officers who responded but said he used “poor judgment.”

“These things happen within seconds,” Boehm said. “This officer gave instructions without having all the facts.”

Most supervisory reviews are completed within 30 days, but the number of explanations of the incident lengthened the process, he said.

Boehm said Capt. Sam Hargadine met with City Prosecutor Rose Wibbenmeyer on Tuesday to “make her aware” of the disciplinary action taken against Mitchell when reviewing charges filed against the partygoers.

Wibbenmeyer could not be reached for comment Tuesday afternoon.

“Apparently, they (police) exceeded their authority and went into a party without a warrant,” said George Batek, the Columbia attorney some of the partygoers hired in February to represent them and evaluate possible legal action against the Police Department. Batek said no legal action had been taken on behalf of his clients.

“They are not looking to punish the police,” Batek said. “All they are really looking for is an explanation.”

Patrick Kopine, 21, said he still wants to know why police officers,

whom he described as “red-eyed, angry and shaking,” sprayed him with Mace after he told them they did not have permission to enter his home.

“It seemed like they had had a bad night,” Kopine said.

Kopine was among the six people who were arrested and charged that night with interfering with a government operation. Giavanna Accurso, 24, Elihu Isele, 28, Rita Bacon, 24, Taylor McGraw, 22, and Sheena Coffee, 20, were the others.

Coffee was also charged with resisting arrest by interfering with the arrest of another, and Brett Ruether, 22, was charged with littering after he threw his hat, cell phone and book bag onto the ground.

Batek said all were scheduled to appear in court on June 29.

State charges against Kopine have been dropped, but it was unclear Tuesday whether the city prosecutor’s office would pursue them, Batek said.

The Police Department’s version of the events leading to the arrests and complaints is markedly different from accounts provided by several of the partygoers.

According to Mitchell’s report, officers entered the house to follow “three black males” after a neighbor said they had been arguing and yelling in front of the house on Rogers Street. In several supplemental reports, officers described breaking up a party and asking people to leave. The partygoers were “uncooperative,” pushing back and cursing, police said in the reports.

Kopine tells of being sprayed with Mace without provocation and being pushed to the ground. Coffee also said a police officer pushed her repeatedly until she almost fell off the house’s porch. Three police officers later tackled her to the ground causing her skirt to flip over her waist, she said.

“It was really embarrassing and unnecessary,” she said, and resulted in bruises on the front and back of her knees and shins.

Accurso said she did not understand why a dozen squad cars needed to show up to break up a party of only about 30 people. She said a police officer pushed her onto her bed and refused to explain why Kopine was arrested and what right they had to come into her home.

Despite the large police presence — partygoers estimated the number at about 10 — it wasn’t until the police entered the house without any apparent reason that Accurso said she became frightened.

“My immediate reaction was to call the cops, but I couldn’t do that, so I called my mother,” she said.

McGraw, whose birthday was being celebrated at the party, said she was arrested after she returned to the house to retrieve her shoes.

“Pat had been Maced, so I reached out to touch him, and one of the officers said he was sick of me,” McGraw said.

She said the officer threw her to the ground and took her to the police station shoeless.

“It is terrible,” Kopine said. “There should be disciplinary action for the way they were manhandling everyone.”

Police apologized in a May 18 letter to the partygoers who complained and to some of their parents, signed by Columbia police Capt. Brad L. Nelson. In the letter, he writes that the numerous other officers at the scene were acting in “good faith.” Boehm said other officers acted appropriately given the incorrect information they received.