PADUCAH POLICE DEPARTMENT PRESS RELEASE

For Immediate Release Contact: Robin Newberry 444-8590

The internal review process of the procedures used by two Paducah police officers during their encounter with Kliff and Wendy Kester on August 26, 2014, has been completed. The Kesters’ vehicle was stopped by officers after a license check showed the license plate had been reported stolen.

Upon receipt of the complaint, Police Chief Brandon Barnhill assigned an Assistant Chief of Police to investigate. The complaint investigation process includes gathering statements from all those involved, collecting documents and viewing in-car videos to ensure the officers’ compliance with department policy and training.

Additionally, although the Paducah Police Department has a policy outlining the handling of felony stop situations by officers, we consulted with officials at the state Department of Criminal Justice Training and the Kentucky League of Cities’ Law Enforcement Specialist to ensure that the Paducah Police Department is utilizing the most current and best practices in felony traffic stop situations. Upon review of our policy by each entity, there were no recommendations for change or areas that needed adjustment.

Although accusations of deadly force were used in the Kesters’ written complaints and specific implications have been made on social media, the in-car videos and follow-up interviews with the Kesters have produced no evidence to support such allegations. Officers drawing their weapons in the face of any potential threat is not considered “deadly force.” In this instance, the officers did not know the identities of the vehicles’ occupants or their intentions until the situation was under control.

“We expect our officers to treat every citizen the same – in a safe, fair and equal manner,” Chief Brandon Barnhill said. “When stopping a vehicle with a license plate that has been reported stolen, I expect our officers to react to the potential threat in the same manner, without regard to the occupants’ race, gender, socio-economic status, or other such factors. I believe the community also expects such impartiality and professionalism from officers of the Paducah Police Department.”

During a review of the incident by the department Command and Training staffs, we did identify one area of concern. At one point in the discourse among Officers Josh Bryant and Travis Counts and Kliff Kester, Officer Bryant responded to a question asked by Mr. Kester.

Although no profanity was used by the officers, Officer Bryant’s response was sarcastic and could have been more professional. This issue has been discussed with Officer Bryant, and no further action is expected.

The Paducah Police Department appreciates the community’s continued support, and we will continue to provide quality police services ethically, fairly and equally in partnership with members of our community.

Both Paducah Police Department in-car videos can be viewed in their entirety at: http://youtu.be/6wWqgEooqQM and http://youtu.be/eFXnLRuq48I.

Previous release dated: Thursday, August 28, 2014 On Tuesday evening at approximately 7:30 p.m., Paducah officers with 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 judgment 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

Anyone with information is asked to call the Paducah Police Department at 270/444-8550 or Crime Stoppers at 443-TELL. Tipsters also may access the online tip form through the City of Paducah website at http://paducahky.gov/paducah/west-ky-crime-stoppers. Information leading to an arrest or indictment may result in a reward of up to $1,000.