Lawyer of Milford man killed by officers say police need more training to deal with the disabled
Esteban ParraAn attorney representing the family of a man shot dead by Milford police last month wants the state Attorney General's Office to investigate how Delaware police are trained when dealing with people suffering disabilities.
Brandon Roberts, who had mental illnesses, was shot by officers not properly trained in dealing with people with disabilities, much like 28-year-old Jeremy McDole was killed while in his wheelchair by Wilmington police lacking similar training, attorney Thomas S. Neuberger wrote in a letter to Delaware Attorney General Kathleen Jennings.
"On behalf of the mentally ill and disabled in our communities, and my two deceased clients Jeremy McDole and Brandon Roberts, I call upon you to open an immediate statewide investigation into whether each and every police agency in our state is complying with the laws enacted by our duly elected representatives and senators in our General Assembly," Neuberger wrote.
The Attorney General's Office, when asked about the letter, said in a statement, "We’re aware of the letter and have forwarded it to the Office of Civil Rights and Public Trust. Beyond that, we do not comment on ongoing investigations."
Story continues below the full letter.
People with untreated mental illness are 16 times more likely to be killed during a police encounter than other people, according to a 2015 study released by the Treatment Advocacy Center, a Virginia-based nonprofit dedicated to eliminating barriers to the treatment of mental illness.
Following the 2015 McDole shooting, then-Attorney General Matt Denn issued a report that said Wilmington's use of force policy was vague and needed updating, and that officers get little guidance on de-escalating similar situations – especially among people who are physically or mentally disabled.
Years earlier, the Delaware General Assembly unanimously passed a bill requiring special training for police officers dealing with individuals with a mental illness, mental disability and/or physical disability. The legislation was signed into law in 2006 by Gov. Ruth Ann Minner.
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During a community meeting last month, Milford police Chief Kenneth L. Brown said not all of his officers had been trained in dealing with persons who are mentally ill or suffering from mental disabilities, according to the Rev. Jonathan Dukes, pastor of Word of Life Community Church in Lincoln.
"I was surprised," said Dukes, who attended the Jan. 28 meeting to find ways of getting the community to work with police. Dukes was also related to Roberts through marriage. "We thought that they would have had that training."
Milford police declined to comment on Tuesday.
Roberts, who suffered from bipolar disorder, depression and post-traumatic stress disorder, called 911 on Jan. 5 and began saying all sorts of things, including that there was an ongoing domestic dispute at the apartment he was in. He also claimed there was a gun.
His fiancée, Erica Jones, wrestled the phone away and told the 911 operator that Roberts was having a mental breakdown and that his claim about a gun was false, Neuberger said.
Jones also told operators there was a child in the apartment unit, according to Neuberger. Roberts and Jones have a 1-year-old son, and she is 6 months' pregnant with their second child.
The News Journal has filed a Freedom of Information Act requesting a copy of the 911 call.
Two Milford officers went to the Silver Lake Estates Apartments.
State police, who are investigating the incident, issued a press release saying that as officers arrived at the apartment, Roberts "came out of the apartment and into the hallway, advancing at police officers while brandishing a large knife."
Both police officers reacted to the threat by shooting the man with their departmental-issued handguns, according to the release.
But interviews with Jones and other residents of the apartment unit offered a slightly different version of events, according to Neuberger.
For example, they said Milford officers arrived on the scene and made their way up to the apartment's second floor, where they loudly banged on the door. The state police release did not mention them going to the second floor or knocking.
"They're banging on the door like it's a drug bust," Neuberger said, adding Roberts was carrying a knife as he left the kitchen and opened the front door.
Jones, who was in the back of the apartment holding their child, said she heard officers order Roberts to put his arms up before they opened fire, Neuberger said.
In his letter to Jennings, Neuberger said a neighbor overheard an officer congratulate one of the shooting officers by saying: "Good job, man."
In his letter, Neuberger is also asking that the Milford Police Department's body camera footage be released to see what occurred.
The NAACP Bear Chapter is also requesting that the body camera footage be released.
"The body cameras are protection for everybody," said Richard Smith, the Bear chapter president, "both the police and the community."
Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.