Kaine, Warner troubled by Martese Johnson arrest
Virginia senators Timothy M. Kaine and Mark R. Warner have joined those voicing unease after the bloody arrest of a University of Virginia student early Wednesday morning.
Kaine tweeted late Wednesday that he was “troubled” by reports of the force used by Alcohol and Beverage Control agents when arresting Martese Johnson, a 20-year-old student who had been denied entrance to an Irish bar near campus. Warner likewise called the incident “disturbing.” Both Democrats praised Gov. Terry McAuliffe (D) and other state officials for quickly moving to initiate an independent Virginia State Police investigation.
Attorney General Mark R. Herring (D) weighed in as well, saying, “It’s critical that we get all of the facts about exactly what happened as quickly as possible.”
Video and photographs show Johnson on the ground, bleeding from his head while ABC agents hold him down and handcuff his arms behind his back. The video does not show what happened before that moment, and the ABC Board said in a statement only that Johnson “sustained injuries” in the course of his arrest and was treated at a local hospital. He was charged with public intoxication and obstruction of justice.
The Virginia ABC has said it is cooperating with the investigation and has restricted the special agents involved in the arrest to administrative duties until its conclusion.
A similar state investigation was instigated in 2013 after the arrest of Elizabeth Daly, a U-Va. student whose case of sparkling water ABC agents mistook for beer. After fleeing in her car from several gun-wielding undercover officers, Daly was put in jail overnight and briefly charged with two felonies.
The ABC Board subsequently mandated that a uniformed agent accompany any undercover officers on patrol. State police turned their findings over to the ABC Board in that case, and, in November, the agency announced that two officers involved had violated department policy. They should not have drawn their weapons, the agency said, nor should they have struck Daly’s car with a flashlight. More policy changes were announced, including the issuing of body cameras for agents. Daly also sued the board and settled last year for $212,500.
In the wake of that report, Del. Benjamin L. Cline (R-Rockbridge) proposed that the regulatory agency get out of the business of arrests altogether, leaving law enforcement to the state police.
The bill got no traction that year. “But I’m always willing to advocate for it in the future if there appears to be a need, and there does appear to be a need,” he said Thursday.
A spokesman for McAuliffe said it would be “premature to discuss bigger issues” while the investigation is ongoing.
“We’re focused on trying to figure out what happened in this particular incident,” he said.
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