Phoenix police problems are too deep to fix without a judge’s oversight


A growing body of evidence proves Phoenix police use deadly force far more than necessary and target Black and brown people far more often than white people.

Much of this has been documented in recent years by journalists at The Arizona Republic, whose investigations repeatedly showed unequal, unjust and unconscionable police practices. Based in part on The Republic’s reporting, the U.S. Justice Department has delivered a damning three-year report on the department’s foul treatment of civil rights.

Officers routinely discriminate against Black, Hispanic and Native American people, violate the speech rights of protesters and the property rights of the unhoused, federal investigators found.

Phoenix police shoot and shoot to kill more often than most police forces and have systematically violated the rights of the unhoused by confiscating their property and arresting them on flimsy grounds.

Confronted by their own abuses of authority, the department has been substantively unmoved. Phoenix has demonstrated that it will not adequately reform itself.

That’s no longer tolerable.

Phoenix can’t turn this around on its own

The only path to systemic reform is through a federal mandate known as a consent decree. This path is invasive. It’s expensive. But it’s the only mechanism that promises accountability.

Moving forward without a consent decree is a path that embraces the status quo.

City leaders have proven they are unable to ensure the city’s police force balances public safety and civil rights.

Their response to the investigation and its findings has been woefully inadequate.

Mayor Kate Gallego, so far, has only proposed “listening sessions.”

The politically divided City Council and police brass went on overdrive many months ago, blasting the findings as innuendos and “half-truths.” They have vowed to fight any kind of federal oversight.

That resistance means lengthy and expensive legal battles that undercut critics’ arguments that consent decrees should be avoided because they are costly.

Phoenix leaders have fought DOJ for years

And tellingly, city oversight has been undermined by the state Legislature, leaving few, if any, substantive options other than what interim Phoenix Police Chief Michael Sullivan calls turning the agency into a “self-assessing, self-correcting agency.”

Residents, especially Black, Latino and Native American residents, have no reason to believe city leaders will turn things around.

The Justice Department found a “pattern or practice” that constitutes a violation of the First, Fourth, and Fourteenth amendments, which protect free speech, prohibit unreasonable searches and seizures, and guarantee equal protection under the Constitution.

The feds spent nearly three years examining the inner workings of the department of about 2,500 sworn officers. Their findings confirmed what residents have claimed and what The Republic and others have been reporting for years.

“We found pervasive failings in PhxPD’s policies, training, supervision, and accountability systems that have disguised and perpetuated these violations for years,” the report states.

Report reveals troubling use of force pattern

Victims of police brutality, primarily Black residents, felt vindicated. Latinos and others said the report confirmed their long-standing claims of police violence and racism but nonetheless found the findings “terrifying.”

The 126-page report reveals a police culture of excessive and often deadly force, and a department that disproportionately cites or arrests Black drivers for low-level moving violations with little or no accountability.

Phoenix police have developed a reputation as one of the most violent law enforcement agencies in the country. It has one of the highest rates of fatal shootings per year.

City officials told the feds they speculate the high number of shootings might be attributed to Arizona gun laws that authorize open and concealed carry of firearms.

That makes it even more important to remain vigilant. The feds found that Phoenix police officers “fail to properly assess whether to shoot once they see a person holding a weapon, even when the person presents no immediate threat.”

In one instance, an officer shot and killed a “suicidal” man moments after he pulled a knife from his pocket and told them he wanted to die. “Because the man was not physically aggressive, told officers he wanted to die, and never threatened the officers, the shooting was unreasonable,” the report states.

In another case, an officer fired a shot at a man running away. The man fell. The officer fired again as the man dropped to the ground.

“In some cases, officers ignore tactical fundamentals, such as using cover or concealment when encountering a potentially armed person. In other cases, officers create conditions where they are exposed or highly vulnerable. These poor tactics can result in unconstitutional force.”

Mayor, council and police have failed residents

Phoenix needs a highly skilled and professional police force. Officers risk their lives to serve. But they must do so while protecting everyone’s civil rights.

The Justice Department’s report is most damning of leadership. They have not provided adequate training, supervision and discipline. Egregious behavior is glossed over or covered up.

Five years ago, Republic reporting found the department routinely purges officer discipline records, keeping misconduct secret.

It’s not hard to understand why nothing has changed.

Under Police Chief Jeri Williams, who led the force from 2016 to 2022, police were inundated with lawsuits and calls for external reviews, the DOJ report notes.

During the 2020 protests that grew out of the killing of George Floyd in Minneapolis, Phoenix officers arrested 17 people who were falsely accused and charged as members of a street gang.

An independent inquiry led to a one-day suspension for Williams for her role in the case. The city manager at the time ordered department brass to change policies and procedures.

Reform efforts have not been enough

We’re at an inflection point.

Can we trust Phoenix and police brass to reform themselves? The answer is no.

The Justice Department credits Chief Sullivan for updating use-of-force policies and training, according to the report. The department launched a new crime reduction plan.

But that isn’t enough, Assistant Attorney General Kristen Clarke says.

Expect a long fight: Over who controls police

She led the federal investigation that found “pervasive failings in PhxPD’s policies, training, supervision, and accountability systems that have disguised and perpetuated these violations for years.”

A consent decree, overseen by the courts, is needed. It’s the same conclusion community leaders across the country have reached over the years, from New Orleans and Baltimore to Chicago and Ferguson (Mo.).

Phoenix can do a lot more to dispel distrust

Mayor Gallego and city leaders must immediately acknowledge that Phoenix police have committed discriminatory and unlawful acts, especially against marginalized and vulnerable people.

They must commit to eradicate abusive practices. They should agree, broadly, to:

  • adopt better metrics and analysis to identify problems early.

  • overhaul training to emphasize and teach de-escalation unless officers or the public are facing immediate danger.

  • ensure supervisors are critically reviewing their officers’ behavior and actions, especially when complaints arise.

It’s critical that they pledge to rid the culture and the individuals in the department that stand in the way of reform.

Police will decide how costly, quickly this goes

Will leaders in Phoenix do it voluntarily? We don’t think so. They have fought federal review at every turn. That’s why a consent decree is a must.

If the city refuses federal oversight, the Justice Department will likely pursue a court order to mandate reform with accountability.

How costly and grueling the process will be depends on how quickly a deal is made and how quickly police comply with reforms.

But we must restore confidence in policing, and we must protect and defend everyone’s civil rights.

This is an opinion of The Arizona Republic’s editorial board.

This article originally appeared on Arizona Republic: Phoenix police problems are too deep to fix without federal oversight

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