Decatur hires outside attorney for city investigation of police killing

Decatur hires outside attorney for city investigation of police killing

An outside attorney will represent the city of Decatur in the case of possible disciplinary proceedings against the police officers who were at Stephen Perkins’ house on Sept. 29, the night an officer shot and killed him.

At a press conference on Thursday afternoon, Mayor Tab Bowling said the city is hiring Huntsville attorney Robert Lockwood to ensure thoroughness, impartiality and promptness in the investigation and potential disciplinary proceedings.

“I believe the city will be best served utilizing outside legal counsel to help us with matters related to the officer-involved shooting,” the mayor said. “Robert Lockwood will serve as the lead person overseeing the investigations that are under the city of Decatur’s purview and an external lead will help ensure impartiality as well as minimize any potential conflicts of interest as the investigation continues.”

A police report released on Sept. 29 said Perkins had a gun and turned it toward an officer before the shooting. Security camera footage appeared to show that police officers were hiding beside his house while a tow truck driver attempted to repossess his vehicle before the shooting. Perkins came out in the dark and asked the driver to put the truck down, and a police officer came from the side of the house and shot Perkins.

Attorney Lockwood will provide advice and assistance in matters related to the employment of the police officers at Perkin’s house on the 3900 Block of Ryan Drive that night. He explained that the Alabama Law Enforcement Agency is separately investigating the officers’ possible criminal liability.

“My main goal is to ensure that the city of Decatur promptly and diligently complies with the obligations imposed by Alabama law for the employment of police officers,” Lockwood explained at the press conference today.

The attorney could not provide a timeline for the process as the internal investigation by the department is still ongoing, which is the first step. He said his job is to follow the applicable Alabama law on the process municipalities should follow to suspend or terminate a law enforcement officer.

“My main goal in this process is to ensure that any proceedings are fair to all concerned — that includes the citizens of Decatur, the family of Stephen Perkins, and the police officers in question,” he said. “And for proceedings to be fair, Alabama law and certain policies have to be followed.”

“The first step is for the City of Decatur Police Department to complete its investigation of the facts and circumstances surrounding the September 29th, 2023 event. Upon completion of that investigation, the Chief of Police will forward any findings to the City of Decatur Legal Office and to my office. And then we will determine what disciplinary action, if any, is appropriate. If we do determine that disciplinary action is appropriate, any police officer subject to potential discipline will receive a notice of possible disciplinary action and determination. Then I will represent the interests of the city of Decatur in a pre-disciplinary hearing before a neutral body with authority to impose that discipline.”

Lockwood said the body will then make “a recommendation of termination or any potential employment action at issue and then once that recommendation is made, then ultimately any employment decision will be made by the mayor’s office as required by Alabama law.”

Police Chief Todd Pinion had announced an internal investigation into what officers did in the early hours of Sept. 29. He said in an Oct. 11 press release that the review would include looking into the use of force as well as the officers’ actions after the shooting and possible policy revision.

“We recognize the community’s and our own desire for a speedy investigation, but this must not sacrifice the integrity of the administrative investigation as well,” Pinion said at today’s press conference. “So we’re continuing in that process and moving right along.”

The officer who pulled the trigger is on administrative leave, while the other two officers have been assigned office duties.

Daily protests have been ongoing in Decatur since Perkins’ death, with calls for the termination and prosecution of the officers.

“The message from the citizens of Decatur has been received loud and clear, but at the same time, an adequate investigation has to be completed,” Lockwood said today. “I’m here to make sure that’s done, that it’s done promptly, that it’s done diligently. But that it’s done fairly at the same time.”