EARLIER STORY:
A Paducah woman is using social media to get the word out about what she describes as a horrifying encounter with police, but police say they were just following procedure.
Wendy Kester and her husband Kliff were driving near the 100 block of Lone Oak Road Tuesday evening when they were stopped by Paducah police officers and McCracken County Sheriff's deputies.
But this was no ordinary stop.
Because the vehicle they were riding in had dealer tags that had been reported stolen through the National Crime Information Center, officers conducted what is known as a "felony stop", meaning they got out with guns drawn and pointed directly at the Kesters, issued loud verbal commands and placed both Wendy and her husband in handcuffs.
During all of this, Kester says officers did not respond to her questions about why they were being treated this way.
As it turned out, Kester said a clerical error had caused the license plate on her vehicle to incorrectly appear stolen in the police computer system, but officers did not know this at the time of the incident.
Soon after the traffic stop, Kester took to social media to tell her story, and it wasn't long before responses began circulating both criticizing and supporting the officer’s actions. "We gave them absolutely no reason to draw guns, handcuff, or scream at us. We did exactly everything they said, were completely compliant, and they were still screaming with hate and shoving their guns at us." Kester said in a post on social media. "The entire time, we're asking what was going on, and none of them bothered to ask a single question, nor would they let us say one word to help them make a good judgement call."
Paducah Chief of Police Brandon Barnhill said in a press release that due to the unknown circumstances surrounding the license plate, and the then unknown intentions of the vehicle's occupants, officers conducted the felony traffic stop according to policy, practice and training. Barnhill said officers detained the Kesters no longer than necessary, and that they were released with no charges filed as soon as they checked out the situation.
Barnhill said he and the officers involved met with the Kesters Thursday morning to review videos of the incident. He said that during that meeting, officers explained to the Kesters that the judgement of an officer’s actions has to be based on the information that the officer has at the time of the incident, as officers had no way of knowing the exact situation prior to the stop.
"It is unfortunate that the Kesters were subjected to a felony traffic stop, but we expect our officers to follow case law, policy and their training. We ask that you continue to trust and support the men and women that proudly serve and protect your community." Barnhill said. "We expect our officers to follow prescribed protocol during felony stops, until the scene is secure and any potential danger to the public and involved parties is minimized."
Kester said officers have not offered any kind of apology for their actions.
An internal review of the incident is being conducted according to Barnhill.
Here is the press release issued by Chief Barnhill in its entirety. Click the link below to view Kester's full Facebook post about the incident:
On Tuesday evening at approximately 7:30 p.m., Paducah officer’s with the assistance from the McCracken County Sheriff’s department stopped a black Dodge truck with tinted windows, in the 100 block of Lone Oak road for using a dealer’s license that had been stolen.
Due to the unknown circumstances surrounding the stolen plate, and the unknown intentions of the unknown occupant(s), officers conducted a felony traffic stop according to policy, practice and training. The occupants of the truck, Kliff and Wendy Kester of Paducah, were handcuffed and detained until further information could be obtained.
The detention lasted no longer than necessary and as information was gleaned, both were released without delay and no traffic or criminal charges were filed.
A short time later, social media began to widely critique and criticize the officer’s actions which prompted an internal review of the incident. And, although the review is still ongoing, I feel that it is necessary, for the benefit of the community in which we police to timely clarify many misleading statements that have been circulating.
It is customary during any felony traffic stop to have weapons drawn and pointed at any potential threat, and loud verbal directions given by the officers in order to gain control of the incident, as was in this case.
Today at 11:30, we met with the Kesters to review videos of the incident, and to maintain trust and transparency within our community. During that meeting, information was explained that the judgement of an officer’s actions have to be based on the information that the officer has at the time of the incident. NOT, as circumstances or time transpires. In Graham v. Conner, the Supreme Court ruled that officers should not be judged from 20/20 hindsight, but only from what the officers knew at the time. It is clear that our officers were advised that the license plate had been reported stolen and entered as such in NCIC, which initiated their tactics with the felony traffic stop. “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene”, and we expect our officers to follow prescribed protocol during felony stops, until the scene is secure and any potential danger to the public and involved parties is minimized.
It is unfortunate that the Kesters were subjected to a felony traffic stop, but we expect our officers to follow case law, policy and their training. We ask that you continue to trust and support the men and women that proudly serve and protect your community. At this time, our internal review process is ongoing and no further details or information will be released.
Chief Brandon Barnhill
Here is a statement from the Kesters regarding the incident:
While we appreciate the opportunity to view the police video of the incident, we continue to convey our grave disappointment in the process used by the Paducah City Police officers on the scene.
For those who have inquired as to why or how we were driving this particular vehicle, Kliff is a manager at Linwood Motors, and drives a company vehicle with a dealer plate each day, as do many others employed by car dealerships. It is important to note that anyone who test-drives a vehicle or uses a loaner car provided by a dealership is also driving with a dealer plate. This could have happened to any one in our community who has done so.
We also appreciate the information shared by the Paducah Police Chief and Assistant Chief during our meeting to better understand the details available to the officers at the time of the stop. We learned that there was no moving violation to prompt the plate inquiry. We learned that police view it to be uncommon to see a vehicle with dealer plates driving through town at 7:30pm. They confirmed they believed they were handling a stolen plate, not a stolen vehicle, and there were no reports of other criminal activity involved with the plate.
Through other sources, we have learned that the plate that was reported stolen was reported by Linwood Motors in December 2011 from a service loaner vehicle parked on their lot, and this plate was never returned. We are told that is common practice for even stolen license plate numbers to be used on new plates in subsequent years, as it is the year of the plate and the decal tag that identifies the plate. Linwood received a new plate with the same number in each year following, and the plate on the vehicle we were driving had a 2014 tag. Finally, we learned that police dispatchers have a ready list of each individual authorized to use a dealer license plate.
In the Graham v Conner case cited by the Police Statement, the Supreme Court provides instructions to always ask three questions to measure the lawfulness of a particular use of force. First, what was the severity of the crime that the officer believed the suspect to have committed or be committing? Second, did the suspect present an immediate threat to the safety of officers or the public? Third, was the suspect actively resisting arrest or attempting to escape?
In terms of severity of the crime, police state that a stolen license plate can qualify as a felony. So does tampering with the US mail and writing bad checks. Officers must use balance when examining each element of the Graham test. As for presenting an immediate threat or actively resisting arrest, it's pretty obvious that we did neither. There are 10 car dealerships in close proximity to this incident. Each has multiple employees leaving work during this timeframe, driving company vehicles, many going back out to dinner with their families, to soccer practice with their children, so it is actually very common for a dealer plate to be seen during this time.
While we admire and respect the office of law enforcement, recognizing that many put themselves in harm's way for the benefit of others, it is critical to understand that an officer may use only that force which is both reasonable and necessary. An officer must use actions that diffuse and de-escalate a potentially dangerous situation to prevent harm to themselves and to others. From our view in this incident, particularly after viewing the video taken from police cruisers, the Paducah City Police officers used deadly force unnecessarily, and their verbal actions escalated what could have been a very calm and orderly procedure into a traumatic experience that we will not soon forget. I can recall only one other time in my life when I have been so afraid: about 12 years ago when my family and I experienced an F4 tornado that largely destroyed our home. I still feel panic when the winds pick up. You can't know how terrifying this is unless it happens to you.
Most importantly, all of the facts surrounding this incident make it so much more than something that is an "unfortunate incident for the Kesters". It should not matter who we are or are not. Compliant, non-threatening citizens do not require the use of deadly force, and such use is recipe for disaster. Yes, there are proven cases where officers were injured or killed in a felony traffic stop. There are also plenty of cases where poor judgement, jumping to false conclusions, or mistakes made by officers led to the death of an innocent person. If this how the City Police truly view the need to exercise the use of force, I fear what may happen in our quiet little town. Excessive force breeds violence and mistrust. Violence destroys cities. I have always held a high view of respect for our local law enforcement, and consider several to be personal friends. However, based on this traumatic experience, it pains me to admit that it dramatically changes how 1 feel about my personal safety when being approached by an officer. If this is common practice, how long will it take before everyone feels afraid and mistrusts the police?
Our city needs to have a positive view of law enforcement. They must evaluate their practices to maintain the trust and confidence of Paducah citizens. We look forward to the findings of their internal investigation, and will reserve any further comments until it has been completed. We thank all who have reached out to support and encourage us during this difficult time.
****STORY NOTE****
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News Director, West Kentucky Star
On the Net:
Kester's Facebook Page
