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Officers in St. Paul skyway arrest exonerated after internal investigation

By Chao Xiong

November 15, 2014 at 4:55AM

3:47

(Mark Vancleave/Mark Vancleave)

Three St. Paul police officers involved in the January jolting and arrest of a man in the city's downtown skyway have been exonerated of improper conduct, police said Friday.

The man arrested, Chris V. Lollie, filmed part of his interaction with police and posted it on YouTube in August after retrieving his cellphone from police. The five-minute video grabbed national attention for the officers' actions, and Lollie's assertion that he was targeted for sitting in a skyway lounge because he is black. The officers are white.

The city's Police-Civilian Internal Affairs Review Commission cleared the officers of improper procedure and excessive use of force, said a police news release.

The commission's decision drew criticism from leaders of the St. Paul chapter of the National Association for the Advancement of Colored People (NAACP), who said they were "deeply disturbed" by the commission's findings.

"This is a perfect example of why the community, especially the African Amercian community, does not have faith in the commission," said Joel Franklin, the group's second vice president. "We do not know what video the commission has reviewed, but there does not appear to be any justification, in the videos we observed, for Mr. Lollie being arrested, let alone tasered."

In addition to Lollie's video, skyway surveillance cameras captured parts of the incident from different vantage points.

Police Chief Thomas Smith and Mayor Chris Coleman declined to take questions about the case Friday, but issued written statements.

"The [internal affairs] investigators worked slowly but deliberately," Smith said. "We wanted this process to be transparent to everyone — to Mr. Lollie, to the police officers involved and to the citizens of Saint Paul whom we serve."

In a written statement, Coleman said he respected the decision.

"While some may disagree with the Commission's findings," Coleman said, "I ask people to consider the incredible record of police-community relations in Saint Paul."

Smith has final say in all investigations conducted by the commission, a group of five civilians and two officers appointed by the mayor.

Franklin, however, urged Coleman to take a stronger stance.

"[Coleman] needs to send a strong message that these types of behaviors will not be tolerated by the city of St. Paul," Franklin said.

Lollie, 28, has said he was sitting in a First National Bank skyway lounge on Jan. 31 waiting for his two children to arrive at day care when a security guard told him the space was for tenants only.

Guards called police when he refused to leave.

Officers Lori Hayne, Michael Johnson and Bruce Schmidt responded to the scene.

Lollie left the lounge and was followed by the officers. He declined to identify himself.

Charges later dropped

Lollie was eventually subdued with a Taser and arrested in front of his children's day care class.

His children had not yet arrived.

Lollie was charged with trespassing, disorderly conduct and obstructing the legal process.

The charges were later dropped. City Attorney Sara Grewing has said that the skyway is made up of public easements, much like sidewalks.

Lollie is suing the three officers involved in his arrest and the city of St. Paul for $500,000 in compensatory damages plus punitive damages to be determined at trial.

In his suit, served on the city Oct. 31, Lollie alleges that his constitutional rights were violated and that police falsified reports about the incident.

Lollie's attorney, Andrew Irlbeck, said Friday that the commission's findings didn't shock him.

"I was hopeful that there would be some accountability, but like I said, I'm not surprised that there isn't," he said. "You have the internal affairs process. You have the civil litigation process."

In the police news release, Tyrone Terrill, president of the St. Paul-based African-American Leadership Council, expressed concerns with the commission's process and the findings.

Still, he said in the statement, "We do not want that to circumvent the great work we have accomplished with Chief Smith and the Saint Paul Police Department — and the exceptional relationships we have developed."

Support for officers

Meanwhile, St. Paul Police Federation President Dave Titus issued a written statement Friday supporting the officers.

"When this came to light, there were many who wanted to rush to judgment and condemn the actions of these highly decorated officers," Titus said in the statement. "Video footage rarely captures the entirety of a given situation."

Titus said the federation believes Lollie's lawsuit has no merit.

Franklin, with the NAACP, said that his group has a good relationship with Smith, but that the commission needs scrutiny and possible overhaul.

"We may need to rehabilitate the whole thing," Franklin said.

Chao Xiong • 612-270-4708

Twitter: @ChaoStrib

St. Paul police released surveillance video Wednesday showing the officers’ encounter in January that led to the man being shot with a Taser in what he alleges was a racially tinged incident. (Jenni Pinkley/The Minnesota Star Tribune)

Chris V. Lollie, above, says his rights were violated when police tried to kick him out of a skyway lounge. (The Minnesota Star Tribune)

about the writer

Chao Xiong

Reporter

Chao Xiong was the Hennepin County Courts reporter for the Star Tribune. He previously covered Ramsey County courts, St. Paul police, the state of Minnesota and the city of Minneapolis.