ASU Officer Who Body-Slammed Professor Resigns

Steve Russell

2/18/15

An Arizona State University police officer who was caught on video slamming a black female English professor to the pavement during a custodial arrest for the offense of jaywalking has resigned rather than continue fighting to keep his job after an outside investigation ordered by the University concluded that the arrest violated several University policies and showed poor judgment.

The report by Investigative Research, Inc., which was obtained by The Arizona Republic with a public records request, concluded that Officer Stewart Ferrin had no reasonable cause to arrest Professor Ersula Ore because she in fact had yielded to traffic in the road.

The report found no evidence that the officer’s actions were based on the professor’s race, as some activists had asserted.

After the arrest, Professor Ore was charged with resisting arrest, felony aggravated assault, obstructing a public thoroughfare, and failing to provide identification. Ore pled guilty to resisting arrest and received nine months of probation. All other charges were dropped. In virtually all jurisdictions, it is a crime to resist an arrest even when the arrest is unlawful.

Professor Ore has filed a $2 million claim against the ASU police department and Officer Ferrin for false arrest, assault and battery, and violation of due process.

While the confrontation with Professor Ore precipitated ASU Police Chief Michael Thompson’s decision to fire Officer Ferrin, the Chief made clear that his decision was not based on this one case but rather on a pattern of conduct.

While still in the police academy, Ferrin received a written reprimand for “untruthfulness, insubordination, and code-of-conduct violations.”

While on the street, he disregarded instructions to issue more warnings and fewer “keepers,” and one supervisor admonished, “You do not always have to throw the book at everybody.”

Just five days before Ore’s arrest, ASU researcher Joseph Reinhardt complained that Ferrin demanded his identification and threatened to arrest him for using the wrong crosswalk. An investigation showed that Reinhardt had crossed legally and posed no hazard. Ferrin was counseled to exercise better judgment.

Chief Thompson wrote in his letter to the officer that Ferrin’s "rigid, power-based approach to law enforcement and unwillingness to exercise discretion and sound judgment” led to an arrest of Professor Ore without a lawful basis.

Ferrin denied any misconduct. Ferrin’s attorney, Mel McDonald, told the Republic, “Why spend thousands of dollars to fight this when he doesn’t want to go back there?” Ferrin’s letter of resignation accused ASU of “an agenda to ruin my career.”

Much of Officer Ferrin’s difficulty with ASU appeared to turn on the University wishing for a policy of community-oriented law enforcement on the campus. Ferrin’s resignation ends the controversy over his firing. Professor Ore’s claim remains pending.

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Comments

WTF? Why is it that a police

Michael Madrid

WTF? Why is it that a police officer who is overly aggressive without cause can simply quit his job to avoid prosecution? What about the original complaint? His actions were unbecoming of a police officer . . . well, if he's not a police officer anymore shouldn't that open him to criminal prosecution? Where is the justice in this? A woman who is a respected member of her community was ruthlessly slammed to the pavement for no good reason and the perpetrator escapes prosecution by simply quitting his job? How is THAT fair?

Wed, 02/18/2015 - 16:29

I am pretty impressed with

stevef

I am pretty impressed with the professionalism of the police officer. He was very clear about what he wanted. She got arrested, not for jaywalking. She got her dumb butt hooked and booked for being an idiot without a license. What is/was she a proff of? Underwater basketweaving? I have no clue about if 'people jaywalk all the time' or not. Immaterial, the question is....is that a law? If the answer is yes, then she should have simply given him her license or ID and called it a lesson learned. If she did this as a public outcry that the law of jaywalking is wrong or that black women don't have to talk to white men, then she again should be prepared to face the music of her decision. I personally think she is an idiot looking for a fight to prove her mindset. I hope he resigned to accept that better paying job with better benefits package.

Mon, 02/23/2015 - 18:16

Grant it, Police Officers are

indianmedicine

Grant it, Police Officers are not Social Workers, and Campus Cops have historically not been as pronounced as Conventional Street Cops in enforcement of law on Campus.................................................................. .................................................................................................................... However, with all that has been going on with Domestic Terrorist Threats,and random shooting by deranged types; Campus Cops do need to be vigilant to interdict possible Crimes of Violence on Campus.( Remember fairly recent Student Homicides)............................................................... ................................................................................................................... Basically, the Officer is accused of "Excessive Force", for a nominal Offence of Pedestrian Rules of The Road Use; and Offers of Proof as to the Violation having interfered with Vehicle Traffic, or there was immanent danger to the Defendant - have not been presented in this argument................................. ....................................................................................................................... The Theory of Legal Procedures is that the Professor would provide Proper Identification for a Citable Offense, get issued a Promise To Appear; and argue the Case before the Traffic Court........................................................ ....................................................................................................................... This did not pan out in this Case, and the Professor failed to meet Citizen Requirements of Compliance according to the Officers argument................ ....................................................................................................................... The Professor failed to use the Pedestrian Crosswalk as mandated by Statute & Policy for Pedestrian Safety and Vehicle endangerment from foot traffic, and the Defendant offers that she yielded to traffic although outside the Crosswalk provided by the Campus........................................................ ........................................................................................................................ There is no information that the Defendant sustained any Physical Trauma by the Officer, other then "Embarrassment" of being "Stupid In Public"......... ........................................................................................................................ Statistics on "Pedestrian Injuries" for non-compliance on Campus are not provided to show a Reasonable Person that Traffic Enforcement is upgraded & a Public Safety Concern is justified against "Jay Walking" being contributory to Pedestrian v.s. Vehicle incidents with Injuries on Campus... ....................................................................................................................... Word "Definition" use by the General Public as to level of aggressiveness verses "Legal Definition" by statute is in conflict - where there is serious difference between the word usage & what accurately is portrayed by the event by the two parties............................................................................. ................................................................................................................... It appears that the Professor is using an "intellectual" argument of the Offense, and the Officer is using a "practical" argument........................... ................................................................................................................... The bottom line so to speak is if an "Oral Admonishment" would have gotten compliance by the Professor as to "Pedestrian Rules of The Road",and if that is Campus Police Policy - or a Special Case application.................... ................................................................................................................... Back in the day, normally an Officer could / would issue an Oral Admonishment or a Citation - but never the two on the same violation..... ................................................................................................................... Was this an abuse of discretion by the Officer, or simply an HUA by an Intellectual ?............................................................................................... ................................................................................................................... The Officer should have informed the Defendant to, "Tell It To The Judge" with a Court Date To Appear...................................................................... ....................................................................................................................

Thu, 03/05/2015 - 11:38

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