Asheville – The arrest of Devon Whitmire has been all over the news recently, with some people making accusations of excessive use of force and posting video of the arrest on social media. In the video, Whitmire’s girlfriend was heard trying to turn the event into another George Floyd incident, saying he couldn’t breathe as the officers held him on the ground.
In addition to the video, local news sources opened with comments of racism before anyone really knew the truth of what happened, and Buncombe County District Court Judge Edwin Clontz reprimanded the officers, saying, “Anyone who thinks this was handled appropriately by Mr. Whitmire, or for that fact, by the officers, is sadly mistaken,” even while setting bail for Whitmire at $85K.
The City Files For Release of Body Cam Video
In an effort to be transparent, the City of Asheville filed a petition for a court order requesting the release of the officer’s body cam video. These reviews are considered confidential under North Carolina law and are not normally made public. City Attorney Brad Branham said, “We believe that it is imperative for the public to have full and transparent facts surrounding this incident, and we want to facilitate that. In accordance with APD policy, all instances of the use of force by an officer are reviewed. If that review reveals any potential violations of APD policy, the matter may be referred for a professional standards investigation.” The authorization was granted.
In Review
On May 8th, an emergency call was made to 911 to get help with Devon Whitmire, who was at his grandmother’s house making threats and damaging property. The caller said that they had done an I-V-C (Involuntary Commitment), but no one had been able to find him, and that apparently someone on Long Shoals Road had also called the police on him earlier that day. Officers responded to the call, but Whitmire had already left the area. Because of the I-V-C request, a warrant was issued later that same day. It was found out later on the body cam that the caller was Whitmire’s mother.
The magistrate contacted the Asheville Police Department (APD) to inform them of the open warrant for Whitmire. In the body cam video, when the officer who took the call asked if Whitmire was violent, the magistrate answered, “Yes, I would call him violent, and he’s threatened to kill various people around him.”
Whitmire was finally located on May 13th, and three officers were dispatched to arrest him. When trying to identify him, Whitmire lied about his identity, saying he was his twin. When the officers told him that they could positively identify him by his tattoos, his response to the officers was, “Okay. Well, can I, can y’all back up, so I can get my gun off me?” One of the officers asked, “Where is your gun at?” Whitmire responded, “Don’t worry about it.” That is when the officers surrounded Whitmire and grabbed his arms so he couldn’t go for the gun.
Whitmire Did Not Go Peaceably
Even as the officers asked him to relax he started fighting them, spitting and kicking. As officers took him to the ground, a hostile crowd gathered. In her own video, Whitmire’s girlfriend is heard saying that he didn’t have a gun and that his arm was broken and they were hurting him, even though he had already demonstrated to the officers that there was nothing wrong with the arm and said that he had purchased the sling himself. The girlfriend started screaming that he couldn’t breathe because of the way one officer was holding him down. The crowd was getting angrier, and one officer told them, “We are not choking him.” They asked Whitmire multiple times to stop fighting, but he wouldn’t.
Personal Videos Don’t Tell The Truth
Even though the girlfriend’s video looks damning, it doesn’t tell the truth. The officer’s body cam video tells a completely different story, showing great reserve on the part of the officers to not harm Whitmire, and in fact, one officer was sent to the hospital after the arrest for sustained injuries.
Whitmire, who is a repeat offender, was charged with two counts of assault on a government official inflicting serious injury, three counts of assault on a government official, three counts of malicious conduct of a prisoner, and one count of resist/delay/obstruct.
A statement from APD
The APD’s official statement said, “We are aware that a video is circulating on social media showing the arrest. The officers’ body-worn cameras also captured the incident. The videos were an integral part of the review process. As per our memorandum of understanding with the district attorney’s office, we have asked the D.A. to review the case independently.
“Following those reviews, both the department and the D.A.’s office have determined that there was no excessive force used by law enforcement officers.
“The Asheville Police Department believes an appropriate amount of force was used to detain a man who told officers he had a gun and actively resisted arrest by kicking and spitting at police officers.
“After Mr. Whitmire was searched, it turned out he did not have a gun. It is not clear why he said he did.”
Body cam footage can be seen on YouTube.