Incompetent in the Presence of Black Skin: VA Police Assumed Black Man was Trespassing and Stealing His Own Truck Although He Possessed the Key on an Unlocked Lot. Cops on Video w/Knee On His Neck

From [HERE] An arrest on Liberty University's campus has launched an internal investigation into campus police use of force.

Early Monday morning, three white campus police officers arrested Charles Miller, who is Black, in the parking lot at Candler's Station.

Miller's son captured a four-minute cellphone video from the driver's side that shows part of the interaction that ended with his father in handcuffs, facing the ground. Footage of the incident first surfaced on Facebook. ABC13 was given permission to show it.

Miller was ultimately arrested and charged with trespassing, failure to show ID, and fleeing.

LUPD Col. Richard Hinkley confirmed with ABC13 that his officers approached a truck parked by an empty car in the Candler's Station parking lot overnight.

“Early that morning Candler's Station was closed,” Col. Hinkley said. “It's property we patrol because we've had some incidents there with thefts and property damage around the stores.” 

The cellphone footage begins with officers requesting to see Miller's I.D. He refuses, saying "there is no crime." 

This exchange continues as officers are heard knocking on the truck's window.

The initial part of the video does not show the officer's faces, as the camera is pointed at the dashboard and center console, which places the time at 11:51 p.m.

"I told you what I’m doing, so that ends the investigation," Miller insists. "Picking up my vehicle. There you go."

One officer is heard asking for Miller's I.D., stating he was under arrest for trespassing. Another voice then states "you guys are being detained."

When Miller refuses to show his I.D., he's told again that he is under arrest.

A voice in the background asks, "you got your baton?" and "I really don’t want to break this window, but I will."

Miller's son asks officers if they were responding to a call, explaining why the pair was in the parking lot after hours.

"Alright, so, we came to grab our car. Hold on, nobody called it in. So, when you rolled up and we said we were grabbing our car – we’re not being detained so why do I need to show you my identification when I’m just grabbing my car?"

An officer responds, "Because again, as the sign is posted right here, you’re here after hours. It doesn’t matter if you were here before or not. You’re here after hours."

The cellphone video then pans up to the driver's side door after Miller exits the car. He is then approached by three officers as one states, "sir, you're being detained."

An officer grabs Miller's arm as two others approach from either side.

As his son gets out of the truck, the phone pans down toward the seat.

By the time he walks around to the back of the vehicle, Miller captures footage of his father headed toward the ground.

During the struggle, Miller exclaims, "you know it's not right!"

One of the officers sets his knee near Miller's head, then moves it to the base of his neck.

Miller's son asks, "Hey can you get your knee off his neck before he’s the next George Floyd please?"
The offer responds, "sir, my knee is not on his neck."

His attorney Tom Roberts Esq., said the stop was unlawful.

"There are two ordinary citizens who don't have criminal records, who are sitting in a parking lot having enjoyed the day and given businesses to the businesses in that strip mall coming back to pick up a car," Roberts explains.

"There is no basis for the charge of trespass. Without a charge of trespass an officer has no right to put his hands on Mr. Miller," Roberts said.

Roberts continued, "The officers cannot find cover under Terry v Ohio under the facts of this case, even with their claim that there had been a rash of thefts of catalytic converters."

"First, there was nothing suspicious about 2 African Americans sitting in a truck in a heavily trafficked parking lot without more. Second, when they informed the officers they were there to pick up Mr. Miller's car that was more than sufficient to dispel any claim of suspicion--Either Charles Miller would have the keys or he would not!"