By MATTHEW BURDETTE
The Intelligencer/Wheeling News-Register
ELKINS, W.Va. — Randolph County Prosecutor Michael Parker said his office is reviewing former Elkins police chief Craig Cross’ memo that instructed officers to harass and put fear into “any suspected cockroach” in the community as a way to crack down on suspected drug dealers.
In the memo, Cross wrote, in part, “If you see any suspected cockroach walking around OUR town with a … knife or backpack or hoodie on with the hood up I want them stopped and identified, you know what I want them harassed if you know they are a cockroach. … I want people stopped and checked out! PUT THE FEAR BACK INTO THESE COCKROACHES! … WE WILL EITHER MAKE PEOPLE RESPECT US OR FEAR US, PREFERABLY BOTH!!!!”
Cross said last week that he was frustrated when he wrote the memo and his officers knew he wanted them to do their jobs, not violate anyone’s rights.
Joseph Cohen, the executive director of the American Civil Liberties Union of West Virginia, said the memo was a clear violation of the Fourth and Fifth amendments of the U.S. Constitution.
“The memo is absolutely shocking,” Cohen said. “It shows a police chief that totally disregards any concern for due process. It shows a department that is completely unconcerned with the constitutional limitations on searches and seizures. It shows a culture of dehumanizing people based on where they live or how they dress.
“The chief encouraged the use of violence to intimidate and harass people. Why would anyone in Elkins have faith in the criminal justice system? The police department clearly was not an impartial arbiter of the law.”
By issuing the memo, Cohen said Cross has put the city and county legal system in peril.
“The chief not only would seem to have encouraged the violations of (the) rights of citizens, repeatedly, he also jeopardized any prosecutions that were handled under his leadership by flaunting the requirements of the Constitution,” Cohen said.
After confirming the memo was written by Cross, Elkins officials turned the memo over to Parker.
In a statement, the city said the memo also has been distributed to attorneys representing defendants charged with crimes being investigated by Elkins police.
Parker said in a statement that “perhaps the sentiments contained in the memorandum are borne out of frustration in attempting to deal with an overwhelming substance abuse epidemic that has resulted in increased crime and has taxed our law enforcement community to its limits. Regardless, we cannot allow frustration to result in ignoring the requirements of the constitution.”
West Virginia University sociology professor Jim Nolan compared Cross’ instructions to the case of Trayvon Martin, the unarmed black teenager who was wearing a hoodie when he was fatally shot by Florida neighborhood watchman George Zimmerman while walking back from a convenience store in 2012. Zimmerman was acquitted of second-degree murder.
Nolan said the sentiment in Cross’ letter “is an element of dehumanizing people.”
“Once dehumanized, it is easy to commit atrocities,” Nolan said.
Law enforcement veteran J.C. Raffety has been named Elkins’ interim police chief. Raffety said the memo does not represent the views of his officers.
“The officers here, from my short perspective, are professional, want to re-establish trust with the Elkins community, and to some degree are embarrassed by the notoriety of the contents of the memorandum,” Raffety said.
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