Sgt. James Crowley, honorable police officer

There’s not too much more to be said that hasn’t been said, but as one that has been in the local spotlight due to a controversial arrest (in my case 20 years ago), I can understand what has happened to Sgt. Crowley. I’ve read his report as well as reported allegations from Mr. Gates and listened to interviews. Here is my take on the matter:

Self-initiated activity vs. calls for service

As law enforcement officers, there are two sets of circumstances where we come into professional contact with the public:

1) Self-initiated, i.e.. a traffic stop or a suspicious person stop, and

2) Calls for service (these include walk-in complaints).

Police officers have absolute control over the former and no control whatsoever over the latter.

The incident in Cambridge was a call for service. To say it is "racial profiling" is absurd, since to support that allegation, the police department would have to have received several complaints of the same nature and specifically identified the one they respond to based on the race of a person involved.

The character of Sgt. Crowley

The first thing that jumped out at me is that Sgt. Crowley is not a patrol officer. He works in admin, but heard the call for service and volunteered for it. To me, having worked with patrol cops that would go out of their way to avoid calls, this says a lot about his character. There are also the testimonials from people that know him as to what kind of person he is. I’ve yet to read anything negative about him.

The debate over what took place should be put to rest once the audio tapes are released by the police department.

Suffice it to say, add me to the list that think if a police officer comes to your door and sees you inside and asks to talk to you about a burglary, you should talk to him/her and see what is going on. It’s in your best interest (unless you are the burglar).

The What-If factor of law enforcement

Operationally, what-if:

1) The subject inside the home was a burglar (they do take place during the day for those that are unaware of this). When he sees the police outside, instead of fleeing, he asserts that he lives there and refuses to show any ID. What do you do as a patrol officer? Apologize and leave? If you do, the department will be sued for negligence, since you failed to perform your job duties and allowed a crime to take place.

2) The first person seen was a lookout (remember there were two subjects reported), and the accomplice is elsewhere in the house. The lookout creates a distraction and allows the accomplice to escape out the rear of the home.

3) The Harvard ID card shown has no street address on it? When you lease a home (as Gates does), all you have to show you are authorized to be there is a lease agreement. Most people would keep this in a file or someplace safe.

4) Sgt. Crowley had been black? What would Mr. Gates’ response have been to him then?

5) When asked to talk to the officer, Gates had replied "Sure, what’s up?" Upon hearing his neighbors were concerned that someone was trying to break into the house (which had happened before), he showed the officer his DL with the house’s address on it and/or offered to show him a lease agreement in his name.

Gates, and only Gates, was in the wrong

Mr. Gates was 100% in the wrong about this and a strong offense being a good defense doesn’t fly here. It is his actions, and only his actions, that led to his arrest. Is it asking too much for an educator to have a calm and rational discussion? As with any other citizen, if he believes he has been mistreated by the police, he can call the station and file a complaint. Arguing/yelling at a crime scene or traffic stop does not accomplish anything.

Why drop the charges?

This happened in my incident as well. When this happens, the public gets the perception that it was a "bad arrest", and the officer was wrong. It also short-circuits a thing known as due process under the law. Mr. Gates should have had his day in court. As an additional benefit, a legal standard is then set. If the court believes the officer’s actions were incorrect, then the police department could modify how (or perhaps if) they respond to burglary in progress calls.

Laws either not enforced or upheld in courts are no longer laws

If you give warnings for criminal conduct, and never arrest anyone, or if those arrested immediately have the charges dropped despite sufficient evidence being present, then what is the point of having the law on the books? At some point it has become a guideline and not a law. Actions should have consequences. If you know a law is not enforced, then you know you don’t have to abide by it. If others have had their charges dismissed prior to a trial, this opens a legal precedent for you to have yours dismissed as well.

Sgt. Crowley and the department talk to the media

I’m very thankful that:

1) Sgt. Crowley has stood up for what he did, and

2) His management has stood behind him- there will be no disciplinary action taken.

All too often (as in my case) a department will not allow the involved officer to talk to the media. This then presents the public with a perception that something is being covered up. By Sgt. Crowley addressing the media and getting his side out, this informs the public and lets them hear both sides.I was not so fortunate and got a three day suspension for "on or off duty conduct." It is interesting to note that when my incident was taught about at the academy, my actions were called "legally right and morally wrong." As cops, it should not concern us who someone is if they are breaking the law. If, after being warned about their actions being criminal and they do not comply, you either do nothing or take action.

What business is it of the president?

On the other end of this spectrum, for a sitting president to comment on a local police call for service on national television is not needed, especially so soon after the incident when everything is not known. If it were a federal agency, and the matter had been investigated, perhaps a comment would be in order. In my opinion, he would have been better served to simply say it was a local matter and he was confident it would be resolved.

The upside to this is of course many may see the true mindset of Mr. Obama after his remarks. This is especially key for those that still support him despite his attempt to "reform" the country with government takeovers.

Sgt. Crowley has been defamed

By calling him a racist and a rogue cop, Gates et al should be held accountable if these allegations are proven to be untrue. I suspect there may well be a "deep pocket" for a Harvard educator, so I’d like to see Sgt. Crowley sue Gates and any others as needed for defamation.

Best evidence

It’s my understanding the police department will be releasing the audio tapes of Sgt. Crowley’s radio transmissions (and any background noise). The sooner this is done, the better, as they are the best evidence of what was taking place on the date and time in question.

I’m thankful for officers and supervisors like Sgt. Crowley, and wish them the best in their careers.

About Paul Henry

Paul has a law enforcement background, having served as a Florida Deputy Sheriff and State Trooper for over 25 years until he retired. He worked many levels and positions within the FHP, from road patrol trooper to lieutenant in criminal investigations, where he investigated numerous criminal cases. After retirement, Paul wished to pursue his automotive hobby and be left alone, but saw an increasing amount of waste in government as well as the government's increasing involvement in our private lives and liberty, so he became politically active. Paul is the founder of the non-partisan citizen's group Floridians Against REAL ID, and authored two bills for the 2012 Florida legislative session: REAL ID partial repeal and Motorist Rights (red light cameras). Paul is the 2013 Legislative Action Committee Chair for The Tea Party Network, a network for constitutional and Tea Party groups to do more than just complain about issues. Paul works as the Deputy Director for Legislative Affairs with the Florida Campaign for Liberty and lives in the Tallahassee, Florida area.
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One Response to Sgt. James Crowley, honorable police officer

  1. Aw, this was a really quality post. In theory I’d like to write like this too – taking time and real effort to make a good article… but what can I say… I procrastinate alot and never seem to get something done.