The departure of one Columbia Police Department officer has put a stop to a local resident’s appeal of excessive force before the Citizens Police Review Board.
Officer Chris Hessenflow, the subject of the complaint, is leaving CPD to take a job at the Department of Homeland Security, a position he applied for in September.
“The ordinance that created us states that once an officer is no longer with the department, the case is concluded,” Citizens Police Review Board chairwoman Ellen Locurto-Martinez said. “There is no longer an appeal.”
The appeal stems from Columbia resident David Riley’s allegation that Hessenflow used excessive force when detaining him outside a local convenience store in September 2009. Hessenflow was undercover performing an alcohol compliance check when Riley allegedly tried to rob him.
Surveillance footage from the store shows several minutes of yelling and struggling between the two men, during which Hessenflow kicked Riley in the chest to keep him on the ground. Two Internal Affairs investigations found Hessenflow acted properly in the incident.
“Anyone who has in-depth knowledge of the case knows this appeal is, for lack of a better term, ridiculous,” Hessenflow said. “The department did a very in-depth review. It’s pretty well established that this appeal is frivolous and unfounded.”
Since the board only has the power to recommend punishment to the police chief, Hessenflow said reviewing a case involving an ex-CPD employee would serve no purpose, because no punishment could be handed down. Hessenflow said his departure from CPD has nothing to do with the review board appeal.
“It’s kind of crazy that this guy and his private investigator have spread this conspiracy theory about me leaving to try and avoid the review board,” Hessenflow said. “It’s ridiculous to me. No one’s scared of it getting to the review board.”
Hessenflow said if the board can move up the case and resolve it within the next two weeks, he would be willing to cooperate, even though he will not be employed by CPD and therefore not required to participate.
“I understand he wanted his day in front of the board, and I’m not trying to deprive him of that,” he said. “I applied for this new position last fall and the offer came just a couple of weeks ago. I start three weeks from today, and it didn’t give me much leeway to give notice and leave.”
This is the first time the board has dealt with such an incident, and Locurto-Martinez said it is too early to tell whether or not the ordinance needs to be changed.
“I think it’s something we need to talk about,” Locurto-Martinez said. “Obviously the ordinance was created before we had any cases, so I think it’s something the board could look at. I’d like to get some other board members’ input and come up with a consensus opinion.”