November 22, 2010 RECEIVED NOV 2 2 2010 Greensboro City Manager, Rashad Young eh i 300 W. Washington Street City Manager's Office Greensboro, North Carolina 27401 Reference: Complaint of Discrimination: Arbitrary (Racial) Profiling, False Information Given To Magistrate L.N, Freeman, Unlawful Arrest and Detention; Against A&T Students (Citizens of Greensboro North Carolina) Dear Mr. Young: On Sunday moming, November 14, 2010, at approximately 1:15am, Greensboro Police Sergeant T.A. Long arbitrarily (racially) profiled me and the passenger of my vehicle. The racial profiling by Sergeant Long subsequently led to the artest of the passenger of my vehicle and me. This, document is our official complaint of the unfair treatment relating to the proceeding described incident. My name is Gian Spells, I am an African American student (senior) at A&T State University. ‘The passenger in my vehicle was Mr. Carlyle Phillips. Mr. Phillips is an African American student (senior) at A&T State University. On Sunday morning, November 14, 2010, at approximately 1:15am, Mr. Phillips and I were travelling north on Edgeworth Street at Market Street. The stoplight at Market and Edgeworth Streets was red, I stopped at the light, and looked for oncoming traffic as I prepared to turn onto Market Street. I checked and I could see headlights from a distance, however, I could safely turn onto Market Street. I tumed right onto Market Street and began travelling eastbound. Several seconds after completing my turn onto Market Sireet, I noticed a vehicle pull behind me. The lane we had tured into eventually changes into a turing lane. It was not our desire to turn right onto Eugene Street. I changed into the next lane to the left which is a straight lane, to continue travelling east on Market Steet. The vehicle that was behind us, then pulled up beside us, on the right. As the vehicle pulled beside us (even with our vehicle), we (Mr. Phillips and 1) both thought that the vehicle was a Greensboro Police Vehicle. The vehicle then slowed down and got behind us, again. Mr. Phillips stated, “I bet he is going to pull us over.” We proceeded east on Market to Greene Street, making a right tum onto Greene Street. The police vehicle stopped us on Greene Street just south of Market Street. After stopping our vehicle the officer (Sergeant T.A. Long) approached our vehicle. 1 (Gian Spells) rolled down my window. Sergeant Long stated, “You cut me off!” I replied, “I did not cut you off.” Sergeant Long stated, “Clearly, you’ve had too much to drink.” I replied, “I didn’t have anything to drink, give me a test.” Sergeant Long then stated, “Get out of the car.” I replied, “I am not getting out of the car.” Sergeant Long reached his hand in to unlock my vehicle door andI moved his hand from the door lock. Sergeant Long stated, “If you touch my hand again, I am going to mace you.” ‘At that point, Sergeant Long opened the car door and I got out of my vehicle. This was a very quick exchange and action. Upon getting out of the car, Sergeant Long handcuffed me and escorted me to the back of another police car. I was placed in the back of the police car. After Mr. Gian Spells (driver) was taken out of the vehicle, approximately four (4) officers came up to the passenger side of the vehicle. I (Carlyle Phillips) was seatbelted in the passenger side of the vehicle. Officers approached my vehicle and a female officer stated,"Get out of the car, now!" I stated, “I don’t feel comfortable stepping out of the vehicle, why do you want me to step out of the vehicle?” Another officer with a taser, yelled, “Get out of the ear or I am gonna tase you!” I raised my arms and replied, “Excuse me, I don’t wanna get tased. There are a lot of you ‘and I just wanna know why I am stepping out of the vehicle. I had a situation where I stepped out of a vehicle before and it didn’t go well.” One (I) of the officers opened the door, they pulled me out, pushed me up against the vehicle and handeuffed me. Officer Naquin stated, “I am not arresting you, I am just detaining you.” Officer Naquin asked if I had any weapons or drugs, and began to pat me down (frisk). After frisking me, Officer Naquin completed a full search (reaching inside) of my pockets. After searching my pockets, Officer Naquin and other officers were walking me to the back of the police vehicle. I stated to Officer Naquin, “I thought that I was being detained.” Officer Naquin replied, “You're under arrest for resisting.” At this point, the officers transported us to the magistrate’s office. The officer's did not get our identification/license until we were inside the magistrate’s office. We (Gian Spells and Carlyle Phillips) were held in jail until 8:30am, the morning of November 14, 2010, and my (Gian Spells) vehicle was towed. The release order from Magistrate L.N. Freeman stated a Written Promise To Appear with additional information. The additional information was that I (Gian Spells) was to be held until 8:30am on November 14, 2010 due to intoxication. The release order I received from Magistrate L.N. Freeman stated that I (Carlyle Phillips) was to be given a Written Promise To Appear, but not until 8:30am on November 14, 2010, due to intoxication. We have a District Court date of January 31, 2011 at 8:30am. ‘Mr. Young, the following information confirms discriminatory racial profiling, by Sergeant Long T.A. Long: © After we turned onto Market Street from Edgeworth Street, Sergeant Long pulled behind us, Sergeant Long would have pulled us over at that time, if we had actually cut him off. Instead, Sergeant Long pulled beside us to identify that we were African American. © Sergeant Long compromised his officer safety by pulling up beside us to identify if we were African American. An armed assailant could fire a weapon easier, without aiming, and with greater accuracy, when firing at a vehicle directly beside their vehicle, as opposed to a vehicle behind itAny police-initiated activity that is motivated solely by race, gender, ethni Upon initiating the vehicle stop, Sergeant Long did not ask for my driver's license and registration Sergeant Long arrested me for Resisting a Public Officer. Officer Long had no preliminary charge for which I resisted. The stop was illegal, because of the arbitrary (racial) profiling Sergeant Long never charged me with a traffic charge. Fail to yield before turning appears to have been appropriate, had I actually committed the violation. Thave been made aware that Police Attorney Mr. Maurice Cawn sent out a memo (approximately one (1) year ago) advising officers to refrain from charging individuals with resis/delay/obstructing an officer without charging a preliminary charge. Please check your e-mail archives and check with Mr. Cawn. Resist, Delay and Obstruct an Officer should not be charged as a stand alone charge. Sergeant Long stated that I (Gian Spells) clearly had too much to drink. I asked for a test. Sergeant Long provided no alcosensor (breath test), no breathalyzer, and no roadside tests. ‘The magistrate held me (Gian Spells) until 8:30am “due to intoxication” until 8:30am. ‘The information given to the magistrate regarding intoxication is not true in addition, if | (Gian Spells) was operating a vehicle while intoxicated, Sergeant Long would have to have arrested me for Driving While Impaired. Sergeant Long would be obligated to find out if I was impaired. Sergeant Long cannot provide, nor did he attempt to provide, any evidence that would suggest or prove my intoxication. Officer Naquin handcuffed me (Carlyle Phillips), and fully searched me while informing me that he was only detaining me. I was held in jail until 8:30am on November 14, 2010, “due to intoxication.” Sergeant Long cannot provide, nor did he attempt to provide, any evidence that would suggest or prove my intoxication Officers never ascertained if we had been drinking, when or how much. Sergeant Long's intention was to arrest us, and search our vehicles because we are African American. The Greensboro Police Department has a Directive against Arbitrary (racial profiling) That directive reads in (italics) as follows religion, age, citizenship, sexual orientation, or any arbitrary stereotype rather than the behavior of an individual or information that leads to a particular individual that has been shown to be or is engaged in a specific illegal behavior. The Arbitrary Profiling Policy states, “It shall be the policy of the Greensboro Police Department not to engage citizens based solely upon their race, gender, ethnicity, religion, age, citizenship, or sexual orientation specifically when performing any of the following law enforcement functions. Traffic enforcement activities Criminal investigative activities Field interview inquiries Asset/forfeiture seizures