(WWJ) An Amazon delivery driver tackled by a Warren cop will not face charges.
Yesterday, the Macomb County Prosecutor's Office was presented with a warrant requesting a felony charge of resisting arrest following an altercation between a Warren Police officer and 23-year-old Jaylen Bond, in a Warren neighborhood on Tuesday.
After a "thorough review" of the investigation and reports from the Warren Police Department, Prosecutor Jean Cloud announced Thursday she has denied the request from the Warren PD.
"As Prosecutors, we have sworn an oath to act with integrity, utilizing balanced judgment to ensure public safety within our communities, while respecting the constitutional and legal rights of all persons. We have an obligation not only to pursue appropriate criminal charges when necessary, but also employ discretion to not authorize criminal charges as certain circumstances demand," said Cloud, in a statement.
Bond's attorney, Donald J. Andrews, told WWJ's Jon Hewett he is pleased by prosecutors' decision.
Andrews said his client is exhausted by the circumstances.
"Obviously the whole event has been stressful for him," Andrews said. "He did receive some injuries that he went to urgent care for — but all in all, he's alive. I guess that's something that in this day and age is something that he can be happy about."
The incident drew disbelief from some in the community after cell phone video showed the white police officer on top of the black driver on the ground.
Andrews said Bond appreciates the support that he's gotten from Warren citizens, including and the witnesses who were there and spoke up. "Their comments on the videos were what I think most people of good faith saw," Andrews said.
The officer involved remains on paid administrative leave after Mayor Jim Fouts, upon seeing the video, called for his immediate dismissal.
While Fouts said he wanted prosecutors to look into charges against the officer, Warren Police Commissioner Bill Dwyer department instead asked for charges against Bond, whom Dwyer claimed failed to show his ID when the officer asked for it 11 times.
Dwyer said the officer approached Bond because his truck was parked illegally, facing the wrong direction on the street. Dwyer said police had received a number of complaints involving Amazon delivery trucks in the area.
"The driver began arguing with the officer and walked away," Dwyer told WWJ's Charlie Langton. "The officer approached the driver and made 11 requests, that's 11 requests for his driver's license. The driver failed to produce a driver's license and continued arguing,"
At that point, Dwyer said, the young man was handcuffed and arrested.
While Dwyer said the officer did not use excessive force, and that video from the officer's motorcycle shows that, Fouts said this isn't how he expected Warren officers to do their job. "The policy of the Warren Police Department and the training provided to every officer is to deescalate every situation. This officer did not follow policy or his training and is not fit to serve the citizens in Warren," Fouts said.
On video released by police, Bond is heard repeatedly telling the officer: "I'm getting my license out."
Asked how he feels about Cloud rejecting the warrant, Dwyer told WWJ: "They make the final decision; these are not unusual. I mean, we submit the requests. Normally they're approved, sometimes they're denied, and in this case I guess they felt there was not enough probable cause to move forward."
All of this comes amid a backdrop of tension and protests in metro Detroit and nationwide following the killing of George Floyd by police in Minneapolis, Minnesota. Several officers have been charged in that case, including the one seen on video kneeling on Floyd's neck.
In a statement, Amazon made it clear the company believe their employee was treated unfairly.
"We see what others see in these videos, and it's unacceptable," Amazon spokesperson Deborah Bass said. "We expect a swift investigation and full accountability for those involved. Amazon will deploy all necessary resources to investigate the matter with our Delivery Service Provider, as well as to represent and support the driver."
Rev. Dr. Wendell Anthony, President of the Detroit Branch NAACP, said in a statement that this case demonstrates the need for more training for officers in the Warren PD.
Anthony said neighbors who witnessed this incident believe "unnecessary aggressive action" was taken by the part of the police officer. One neighbor said the driver was on the ground with arms extended, wallet in hand, while the officer continued to yell at him to put his hands behind his back.
"It is a most difficult challenge to both provide your driver's license, put your hands behind your back, while you are being restrained at the same time. It did not appear that there was a need for backup considering the fact that Mr. Bond was already subdued," Anthony said.
He added: "This is a most intense time in the relations between law enforcement and members of the community throughout the nation. This is the reason why it is important that protestors also demonstrate in their local communities. There is still much work to be done in communities around the city of Detroit."
It's still unclear if the office may yet face disciplinary action.
Dwyer said he expects to release some information about the department's internal investigation on Friday. As of today, Dwyer said, it is still ongoing.
