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Legal View with Ashleigh Banfield

Baltimore Arrest Documented on Cell Phone; Examining Security Guard Incidents

Aired December 10, 2014 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ASHLEIGH BANFIELD, CNN HOST: I want you to watch this and how the whole thing went down in Baltimore.

(BEGIN VIDEO CLIP)

KIANGA MWAMBA, ACCUSED OF ASSAULTING POLICE OFFICERS: Oh yea, nobody can't tell me I can't record.

UNIDENTIFIED MALE: Yes, the light is green. You got to keep moving.

MWAMBA: So you're telling me I can't record on my phone? OK. OK. My (inaudible) police, I know I can't record. (Inaudible).

UNIDENTIFIED MALE: You need to pull the car over. You need to pull the car over.

MWAMBA: I'm ready to pull it over.

UNIDENTIFIED MALE: OK. Pull the car over, right now ma'am.

UNIDENTIFIED FEMALE: Pull your car over.

MWAMBA: How can I pull my car over right here when the police is right her?

UNIDENTIFIED FEMALE: Why would you do that?

UNIDENTIFIED MALE: Give me your (inaudible) hands.

(CROSSTALK)

UNIDENTIFIED FEMALE: Are you showing it?

UNIDENTIFIED MALE: Out of the car. Out of the car.

MWAMBA: My phone with the police.

(CROSSTALK)

MWAMBA: He's (inaudible) me.

UNIDENTIFIED MALE: Out of the car.

(CROSSTALK)

UNIDENTIFIED MALE: Put your hands behind your back.

MWAMBA: My (inaudible) police and I'm going to sue the (inaudible) out of Baltimore.

UNIDENTIFIED MALE: You a dumb (inaudible), you know that?

(END VIDEO CLIP)

BANFIELD: So that is how went down and the editing, believe me, it was only for adult language. Here now, Rochelle Ritchie, a reporter from our Baltimore affiliate, WJZ with what happen next.

(BEGIN VIDEOTAPE)

ROCHELLE RITCHIE, WJZ REPORTER: This is the latest video to once again shine a light on what attorney calls excessive force by Baltimore police.

UNIDENTIFIED MALE: You are dumb (inaudible), you know that?

MWAMBA: What did I do?

UNIDENTIFIED FEMALE: The whole thing is heart wrenching, but it's just sort of really just depicts their attitude.

RITCHIE: The video shot in March is just over two minutes long. The woman, 36-year-old Kianga Mwamba, is recording the arrest of a man on the street.

MWAMBA: You're telling me I can't record on my phone? OK.

RITCHIE: Police tell her she can record but yelled for her to park.

MWAMBA: (Inaudible).

UNIDENTIFIED MALE: Can you pull the car over.

MWAMBA: I'm ready to pull it over. How can I pull over my car over right when the police is right here?

RITCHIE: Despite her explanation attorney's say their client is snatched out of the car.

UNIDENTIFIED MALE: (Inaudible).

(CROSSTALK)

RITCHIE: The woman, the daughter of a capitol police officer is tasered twice.

(CROSSTALK)

UNIDENTIFIED MALE: You are dumb (inaudible), you know that?

RITCHIE: In a statement to WJZ, police officials say, "During the arrest, language is used that is both offensive and unacceptable. The Baltimore police department expects and demands that officers treat every citizen with respect regardless of the situation." The woman is arrested and charged with using her vehicle to strike an officer. Those charges have since been dropped. In this statement of probable cause, the officer says the woman accelerated towards another officer and he yelled for her to stop, but the attorneys say the video and this probable cause statement do not match up.

JOSH INSLEY, ATTORNEY: I have no reason to believe anything that he wrote is correct.

RITCHIE: The attorney says their client was left with cuts, bruises, and a severe sprain. But it is the emotional scars that are the hardest to heal.

The officer in the video is still on the job. Attorneys say police attempted to delete the video, but the woman recovered it.

The woman's attorney tells WJZ the police actually deleted the video from her cellphone, for her tech savvy teenager found it in her iCloud account.

(END VIDOETAPE)

BANFIELD: We have also heard from the woman's attorney now, and he tells us that he's not aware of any discipline against the Baltimore police officers involved. And we've also just heard this hour from that affiliate reporter you just saw Rochelle Ritchie, who says that the officers are still on the job as of this time. Then the woman's lawyer was told that the case has been referred to the state attorney's office.

Paul Callan is back with me now. And also joining the conversation is Susan Karten, who is a personal injury lawyer specializing in police brutality cases and wrongful death. So, right out of the gate. I know you both had a chance to view the video. It's really hard to make out sometimes when it goes by so quickly. Susan, what's your initial response when you see it?

SUSAN KARTEN, CIVIL RIGHTS AND PERSONAL INJURY ATTORNEY: An unbelievable escalation of force for absolutely no reason. I mean, this woman is driving a car down. She stops. She takes a video out and all of a sudden this is escalating into calling her a dumb bitch, and assaulting her.

I mean, I just don't know anymore how the police can justify these kinds of actions. And we're going to see more and more of this, because today people have cellphones, and they record things. And they are confronting police with what they're doing. And so there has to be some training not only the police but some real guidelines as to what you do when this kind of situation to deescalate rather than escalate.

BANFIELD: And just one of the technical mentioned in that, was that the police confiscated her phone. And when she got it back, the video that she'd taken that you just saw had been deleted. How do we see it on television then, apparently uploaded to an iCloud of some kind or a drop box of some kind, she was able to retrieve it. Isn't that tantamount to obstruction of justice of some way?

PAUL CALLAN, CNN LEGAL ANALYST: Well, it is because -- and also there's going to be civil law suit for money damages here, for violation of her constitutional rights and the destruction of this evidence can be used against the police and against Baltimore in the case. So in the end, that's going to prove to be a horrible move by these police officers.

BANFIELD: Let me ask you this. For so long, where I've covered court rooms and I watched a uniformed police officer come in and testify on behalf of a prosecutor in some kind of a crime, oftentimes there is this elevated presumption of belief and truth and I guess just the benefit of a doubt that juries will give them because they're authority figures and they're in uniform.

But now, we're seeing so much of this, and it's taking a national sage. Are we at a turning point -- are we at a point where police are going to having a tougher and tougher time proving that they're right or getting out of something when they're wrong?

KARTEN: I think it's a real problem. And I think when you are working on cases where you're picking a jury and they are going to be law enforcement officials coming to the stand, that's one of the biggest things we worry about, is how the jury is going to perceive a police officer who may have to testify in a case regardless of whether it's a police brutality case.

But any case, because now they are such this doubt truth-telling. In order words, they will not be getting the benefit of the doubt. I think that when you go into a grand jury, yes, and a police brutality case they do. But I think this is going to spin off to any situation where a police officer is called to the stand and asked to tell the truth about the situation.

BANFIELD: And nothing but last quick comment.

CALLAN: You got to put this in perspective. FBI statistics indicate that there were 68 million encounters between police and civilians over the course of a year.

BANFIELD: Sixty-eight million?

CALLAN: Yes, 2011, 12 million arrests. How many videos have we seen this year, three or four? It's a miniscule amount. Most cops are out doing a good job and it's really unfortunate that they're going to get besmirched by what those Baltimore cops did.

BANFIELD: And it doesn't take away from those who have not done the right thing and have taken away people's civil rights and then certainly cause great deal of pain and suffering. But you're right, 68 minutes of very significant representation.

Thank you both. I just want to let you know. I just received in my hand something from the Baltimore Police Department. It's a statement and I just want to read part of this for you. "Internal Affairs was made aware of the incident in April of this year and immediately began an in-depth investigation. The case was presented to the State's Attorney's Office for review to see if there were any criminal actions by the officers in the video. That review is still ongoing at this time. The video does not capture enough information to draw definitive conclusions about what transpired before and during the arrest. What is clear is that the language used is unacceptable and will not be tolerated."

That's the statement from the police, that story is not over. Susan Karten and Paul Callan, thank you to both of you. I do appreciate it.

I want to move to another story. It's one you'll see only here on CNN, the results of our year-long investigation into arms security guard. In California, (inaudible) are required to get more training than armed guards, people who carry guns, yes.

The wildly different rules states the state that let security guards carry guns with sometimes deadly consequences. That's next.

(COMMERCIAL BREAK)

BANFIELD: A year long investigation, CNN has uncovered some disturbing details about people who are hired to protect us who end up killing. You see them everywhere. Private armed security guards. They're at banks, they're at malls, they're at public facilities. Nobody keeps track of how many of these people actually have guns, although we know the number has been increasing in recent years.

And now an investigation by CNN and the Center for Investigative Reporting is finding a troubling pattern. Uneven training and standards for background checks, leading in many cases to deadly consequences. We are talking armed guard with mental issues. Others who were prohibited from even having a weapon that managed to beat the system to become one of this country's hired gun.

Our senior investigative correspondent Drew Griffin has the story.

(BEGIN VIDEOTAPE)

DREW GRIFFIN, CNN CORRESPONDENT: Kijuan Byrd was gunned down in the parking lot of a Miami strip club in June of 2012. He was unarmed sitting in a pick-up truck. When he was shot and killed by an armed security guard. This is that guard being brought into court. Now, charged with murder. And facing a father who can't understand why his son has been taken away from him.

DONALD BYRD, KIJUAN BYRD'S FATHER: You do a murder of my son, men with nothing. He was trying to get away from you. He was trying to get away from you, man. But you kept shooting him while his back was under the truck. You kept shooting him. You kept shooting him in his back. His back was tied to you man.

GRIFFIN: Lukace Shane Kendle has a history of alcohol abuse, a DUI conviction. He was kicked out of the Navy.

After the shooting, the jail psychiatrist diagnosed him with anti- social personality disorder in a recent diagnosis by court ordered psychiatrists of unspecified schizophrenia spectrum and other psychotic disorder. Yet on the day, Donald Byrd son was shot and killed.

Lukace Kendle was fully licensed by the state of Florida to hold a badge and a gun.

BYRD: And you got a little young security guard (inaudible) security guard, you give him an opportunity to use the weapon. He's dead. You know, he's dead.

GRIFFIN: Details of the shooting as chilling as the moment Donald Byrd met his son's killer in court. Kendle arrived on duty early seen here in this surveillance video on that June 9th. Kijuan Byrd and his friend Michael Smathers, were already sitting in a pick-up truck in the parking lot.

Kendle told police he thought they were rolling marijuana. He approached the truck and claims Byrd and Smathers were looking menacing. One of the men threatened him, he says. And both car doors open. Kendle claims he felt his life was in danger and believed one of the men had a weapon.

He fires at least 12 shots hitting Byrd eight times including four shots in the back as Byrd crawled under the truck. The shooting left Byrd dead and Michael Smathers paralyzed. Police saying no gun, no weapon was found in that truck. Kendle calmly called 911.

UNIDENTIFIED MALE: How you doing?

LUKACE KENDLE, POLICE OFFICER: There was a shooting at Club Rol-Lexx

UNIDENTIFIED FEMALE: Was anyone shot?

KENDLE: Yes, two people were shot.

UNIDENTIFIED FEMALE: Where is the gunman now?

KENDLE: I am the gunman. I'm a security officer here.

UNIDENTIFIED FEMALE: What happened?

KENDLE: He threatened to shoot me and started reaching down, said, "I'm going to kill you."

GRIFFIN: Security guards even though many may look like police officers by in large don't have arrest powers and don't report to the public.

An investigation by CNN and the Center for Investigative Reporting finds the armed security industry is kind of like the Wild West when it comes to oversight. You can become an armed guard in 15 states with no firearms training. Nine states don't bother to run an FBI criminal background check. 27 states don't even check to see if someone is banned by federal law from carrying a gun.

Unlike police officers, the requirements to become a licensed armed guard across the US can be so lax. In Kentucky, you can become an armed guard simply by arming yourself and calling yourself one.

PAT ALEXANDER, SECURITY GUARD INSTRUCTOR: There's no training requirement. There's no licensing requirement. A security company simply needs a business license. Just like the florist down the street has, but instead of selling flowers they're selling guard service.

GRIFFIN: Security industry veterans, Pat Alexander and Steve Caballero run a security guard training school. They blame security firms more interested in making money than paying for proper training.

STEVE CABALLERO, SECURITY GUARD INSTRUCTOR: They need warm bodies to put on the street to make money by the hour. They don't want to have to go through all of the training procedures to wait to get that body out there.

GRIFFIN: Only four states require security guards to pass a psychological evaluation. Florida is not one of them.

Kijuan Byrd's mother Arlene surrounded by his father and sister, believes Florida granted an armed security guard license to a man who was crazy.

He feels justified in saying that he was defending himself.

ARLEEN BYRD, KIJUAN BYRD'S MOTHER: He's sick.

GRIFFIN: Kendle could have been disqualified from becoming an armed guard for getting discharged from the Navy after several alcohol- related offenses, but he didn't disclose that on his application. And the state issued him a license.

So, who did hire Lukace Kendle? This man, Belgrave Arellano, is the owner of the now defunct security company that hired him.

Hey, Belgrave. Drew Griffin with CNN, how you doing?

BELGRAVE ARELLANO, FORCE PROTECTION SECURITY OWNER: Hey Drew: How are you doing?

GRIFFIN: Hey. Good. How are you? I'd like to talk -- why did you hire Lukace? Did you do any screening of him?

ARELLANO: Excuse me, we're leaving right now. It's nice to meet you though. Have a great day. Thank you.

GRIFFIN: The Kijuan Byrd killing isn't the only case involving one of Arellano's armed guards. Two other lawsuits alleging that his guards were negligent have been settled. Arellano's attorney says Lukace Kendle had all the required training and background checks when he was hired. But in Florida, that's not much.

Security guards are required to attend one week of training and three and a half more days to carry a gun. Kendle told police, it was self- defense and told the court he didn't want a lawyer.

UNIDENTIFIED FEMALE: How is it that you expect to represent yourself?

KENDLE: I'm not going to represent myself. I refuse to participate in this charade. I would refuse.

UNIDENTIFIED FEMALE: I would advice you to do things the easy way. You wanted a trial.

KENDLE: I don't want a trial. This is a charade.

UNIDENTIFIED FEMALE: OK.

GRIFFIN: Kendle has been ruled incompetent to stand trial. Kendle's mother Cris claims her son had no mental issues prior to the shooting.

CRIS KENDLE, LUKACE KENDLE'S MOTHER: My son is the victim in this whole thing. He's been attacked in jail several times, beaten, ribs broken. He's had stitches on his face. They had to put him in isolation for longer than 15 months isolation. Nobody stays normal in isolation at that amount of time.

GRIFFIN: It has been two and a half years since Arleen Byrd's son was killed. The family is still waiting for a trial.

ARLEEN BYRD: My son was crawling underneath the truck trying to get away and he stood and continued to shoot. But yet and still, he fear for his life. How? How?

(END VIDEOTAPE)

BANFIELD: Unbelievable. And the man behind that report, Drew, you and your team, you just keep them coming. These reports are remarkable.

A big question for you after the break. What now, now that you have shed the light on what's behind some of these people carrying gun? What do we do with this? Answer that after the break.

GRIFFIN: OK.

BANFIELD: Drew Griffin coming up next.

(COMMERCIAL BREAK)

BANFIELD: So, back at me on the set right now, with Senior CNN Investigator Correspondent, Drew Griffin who's got this incredible story about the lack of oversight in armed security guard industry. And if you missed it in the last walk we were just going over some of this remarkable statistic, 15 states have no firearms training, if you want to be security guard. Nine states don't bother to run an FBI criminal background check, if you want to pack heat and be a security guard.

GRIFFIN: Right.

BANFIELD: Twenty-seven states don't check to see if someone is actually banned by federal law from being allowed to even carry a gun. A way ago, you can pack heat, put your uniform on and protect the public. Where is this going?

GRIFFIN: Where is this going and why should be it going? Ashleigh, there are a million armed and unarmed security guards in this country. That's approaching nearly double the number of police officer as we have. Yet, we don't have any kind of national standards, we don't have a national call for background check.

There have been no fewer than a dozen bills, states and federal bills that have been attempted to try to, you know, get their hands around this or get some kind of background checks or training or some kind of mandatory requirements. They have all failed today.

BANFIELD: So, what I can't figure out and I can't get my head around each and everyone of those states and there, you know, how they've codify their gun restrictions for the gun carry restrictions. But it doesn't even seem like that would -- that would comport with carry laws. I mean if you have these things in your background often times you can't even a license let alone put a uniform on and carry it as part of the job.

In one of your instances that's coming up in part two, you actually found a state in which a fellow was banned from actually possessing a gun and yet he got hired and got the license and got the gun and the job.

GRIFFIN: Right. And it shows just the lack of balances and checks that these organizations have. These state organizations which issue these licenses to carry guns, armed guards really deal with it as if they're getting out of business license.

So, in this case, we have one guy who's legally in the state banned from possessing a gun that same state in another building is issuing him an armed guard license. And the consequences you can imagine are just (inaudible).

BANFIELD: So, (inaudible) is great, you know, you and your team are just so stellar on what you've uncovered. Just remind everyone the veteran affairs that you've uncovered this year alone. Drew, thank you. Quick promo your second part that's -- it's going to air 8 o'clock Eastern Time tonight on AC 360. That's Drew second part of hired gun. Excellent work. Drew, thank you.

GRIFFIN: Thanks Ashleigh.

BANFIELD: Thanks for watching everyone. Good to have you with us. My colleague Wolf Blitzer starts after quick break.

(COMMERCIAL BREAK)