Investigations into Lt. Chris Jensen’s actions in the police-involved shooting death of Decynthia Clements have been completed, released and discussed, but questions remain about his actions in the early morning hours of March 12, 2018.
Among them is whether Jensen’s violation of the police department’s draft policy on body-worn cameras rises to the level of removing him from the force, an issue broached by both city council members and residents.
Police Chief Ana Lalley is expected to make a recommendation to the city manager within the next few weeks.
Lalley is awaiting more information about the two instances in which Jensen turned off his body camera during his encounter with Clements, she said at a recent special council meeting at which Hillard Heintze representatives discussed its internal investigation into Clements’ death.
Elgin police started the body-worn camera program in 2016, implementing it in stages, Lalley said. Officers were trained and some were given body cameras but it was still a relatively new practice at the time of the shooting, she said.
A written policy was in draft mode as police sought answers on a few issues before finalizing it, she said. While a state law passed in 2017 required officers to turn on and leave on body cameras during law enforcement incidents, there were things police departments had to work through, Lalley said.
The policy covering body-worn cameras took effect last July, and it states the cameras must be turned on and remain on at all times engaging with the public, she said. However, footage can be redacted if it deals with sensitive information about the parties involved or if a person requests it, she said.
“What is that role of the draft policy in terms of how it holds officers to account is the issue at hand,” said Debra Kirby, of Hillard Heintze. “Depending on the situation, (violations) can be identified as administrative or, frankly, more serious offenses depending on what are the consequences.”
Councilwoman Tish Powell called the shooting of Clements, who came at police armed with two knives, an “unprecedented tragedy for our community.”
“There has and continues to be so much we have accomplished as a community here in Elgin in terms of our relationships with the community and police department over the past few decades, and that can’t be overlooked. I want to continue to move in a positive direction, but we have to get past this and we have to address it in a way that assures transparency, accountability and healing for everyone involved.”
Powell asked if Hillard Heintze reviewed the city’s employee handbook when conducting its internal investigation. The firm looked at police department’s policies, not the city’s, Kirby said.
The handbook, which covers Jensen since he is not part of the police union, establishes conduct and work performance expectations, Powell said. Disciplinary action could be taken in cases of neglect of duty, acts of incompetence, conduct that creates the appearance of impropriety or undermine the city or employee credibility, she said.
The handbook policies, “could have and should have been reviewed as well,” Powell said.
Councilman Baldemar Lopez said he believed there were missed opportunities to deescalate the situation. “This is just conjecture, but there may have been some acute issues in terms of our training to deescalate these types of situations,” he said.
“Words can’t describe how tragic this situation is,” Councilman Corey Dixon said. “You hear of these police-involved shootings across the country almost every other day. Every time I see one of these situations, my heart breaks. Never do you want to think or want to believe it can happen in your community and lo and behold, it does.
“Now that we are here, we have some decisions to make,” Dixon said. “The decisions we have to make, I believe, are going to determine ultimately what kind of future this community has in store. So, this is a very pivotal decision.”
Dixon’s questions about Clements’ death focused on how her actions were described when she came out of the burning car. Hillard Heintze’s report stated Clements was “charging” at the officers, Dixon said, who questioned where the firm’s investigators received the definition of the word “charging.”
“It was our determination that Miss Clements’ actions were a charge toward officers,” Carl Dobrich, senior director investigations, said. “I’m not here to define charge. We all can look it up in the dictionary. However, in our determination we concluded her actions were consistent with a charge, an aggressive motion toward the officers.”
“With all due respect, I’m not here to look up with word charge in a dictionary,” Dixon said. “I’m asking how do you define ‘charge’ in this situation seeing there was a foot on the ground when shots were fired,” Dixon said. “I’m asking you to explain that because when you use word like charged in this situation, it raises the alertness to a different level. I’m just asking why you used the word charge versus any other word?”
Dobrich said: “When Decynthia exited her vehicle and turned toward those officers, she moved toward those officers in a quick, aggressive manner. I can’t describe it any other way other than a quick, aggressive manner.”
Clements’ death has divided the community and council members shared different opinions, with Councilman Carol Rauschenberger saying she believed Clements’ actions were connected to her fleeing a burning car while Councilman Toby Shaw said he believed officers were trying to save her life from the fire.
“I think that’s lost,” Shaw said. “I’m concerned the direction we are heading in some of the questions is not heading forward, but continue to go down the same path we’ve been going down for so many months,” Shaw said.
“We have the finding, yet we continue to try to look around those findings. I’m concerned that will lead us not to a future where our community can heal.”
Gloria Casas is a freelance reporter for The Courier-News.
