The Department of Justice (DOJ) on Dec. 16 held a public meeting via Zoom to discuss the findings in its investigation into the Mount Vernon Police Department (MVPD). Personnel from the Southern District of New York as well as DOD headquarters in Washington were involved in reviewing the contents of DOD’s report on policing in Mount Vernon.
The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and U.S. Attorney’s Office for the Southern District of New York. The department interviewed MVPD command staff and supervisors, patrol officers, police union representatives, Mount Vernon residents, prosecutors from the Westchester County District Attorney’s Office, defense attorneys and local civic associations. The department also reviewed MVPD’s arrest reports, use-of-force reports, stops, search, and arrest data, policies, training materials and internal affairs files.
The department met regularly throughout the investigation with city and MVPD officials to provide feedback on the observations by the department and the department’s policing experts.
The DOJ found the Mount Vernon Police Department engages in a pattern or practice of conduct that deprives people of rights secured by the U.S. Constitution and federal law.
Among the specific findings by DOJ were that the MVPD uses excessive force in numerous ways. These include by unnecessarily escalating minor encounters into something more serious. DOJ also found that police officers overuse tasers and closed-fist strikes, particularly against individuals who have already been taken to the ground, are controlled by many officers or are already fully or partially restrained.
DOJ found that the Mount Vernon police conducted unlawful strip searches and body cavity searches of individuals until at least 2023 and made arrests without probable cause.
“Our investigation into the Mount Vernon Police Department reveals a pattern and practice of unlawful conduct that can and must be addressed,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While officials have undertaken preliminary actions to address some areas of concern, the city and police department must institute comprehensive measures that will fully and finally bring an end to these unconstitutional practices.”
DOJ began investigating the MVPD in December of 2021. The department said that the Mount Vernon personnel cooperated throughout the investigation and that the city has pledged to work cooperatively with the Justice Department to address the findings.
The DOJ conducted the investigation pursuant to a provision of federal law that prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law.
Mount Vernon’s Mayor Shawyn Patterson-Howard said, “We have never run from this issue. We wholeheartedly support our good officers and at the same time will not tolerate and will punish unconstitutional policing. I stand firm on the belief that our police officers and leadership work hard every day to keep our community safe and build public trust. We have driven and embraced reforms, expanded law enforcement and community partnerships, cooperated with the DOJ and will continue to do so.”
Patterson-Howard said that Mount Vernon has invested in software and the hiring of civilian public safety analysts that will allow the city to track not only patterns of crime but patterns of use of force, civilian complaints, internal affairs investigations, traffic and pedestrian stops and demographic data.
“The Mount Vernon Police will respond to the DOJ investigation after we have had an opportunity to thoroughly review DOJ’s findings,” said David Gibson, acting commissioner of the MVPD. “We take the findings of this investigation very seriously and will take all necessary steps to improve our organization. The MVPD will continue to hold its members to the highest level of accountability and strive to correct any imperfection as we serve our community.”
