To: Gainesville City Commission
Change GPD Policy to protect Non-US Citizen Victims and Witnesses of Crime
As concerned members of this community, we do not want another excessive and dangerous SWAT intervention like the one that occured on April 1st, 2018, against domestic violence survivors or the immigrant community. GPD’s exposure of the legal status, country of origin and first language of persons involved in a domestic violence situation created massive repercussions which left a survivor without needed services and the flight of necessary witnesses. Since GPD had no existing Limited English Proficiency policy and due to the mishandling of the victim’s rights to advocate support, the abuser was released into the community.
Over the past year, GPD's refusal to enact necessary policy changes to defend the rights of non-U.S. born victims and witnesses has placed the entire community’s safety at risk, including the international community at the University of Florida. Additionally, it blemishes the intent of Gainesville as a Welcoming Community.
We demand that our elected officials and the Chief of Police take action by transparently updating GPD policies to better protect immigrant victims and witnesses of crime. We, the undersigned, ask for your immediate attention to this request.
Over the past year, GPD's refusal to enact necessary policy changes to defend the rights of non-U.S. born victims and witnesses has placed the entire community’s safety at risk, including the international community at the University of Florida. Additionally, it blemishes the intent of Gainesville as a Welcoming Community.
We demand that our elected officials and the Chief of Police take action by transparently updating GPD policies to better protect immigrant victims and witnesses of crime. We, the undersigned, ask for your immediate attention to this request.
Why is this important?
For the past ten months members of the North Central Florida Social Service/HIspanic Alliance (NCFSS/HA) have attempted to address an incident that occurred Easter Sunday 2018 (4/1/2018) impacting the immigrant community. On Easter Sunday the Gainesville Police Department (GPD) blundered in its response to a domestic violence case. A call was made from a non-English speaker, explaining her fear at the hands of her companion’s abuse.
GPD made poor choices and the following unraveled:
-The appropriate translation was not obtained even though GPD has a language line available to use in policing. This led to a misinterpretation of the level of danger the abuser posed.
-Due to the misinterpretation of the level of danger and in an inappropriate and unnecessary use of force, SWAT was mobilized, closing down a residential street where the domestic violence incident occurred.
-Contrary to protocol, the victim was not provided a Victim’s Advocate and was brought into the police station for an interview.
-News media went on to expound on immigrant status, based on statements made by GPD that were harmful for the safety of the victim and witnesses.
-The physical address of the domestic violence victim was made public on GPD Facebook, contrary to protocol.
In response to the domestic violence incident, GPD spokesperson Ben Tobias announced:
-The location of where the abuse occurred.
-That the situation involved “illegal” Guatemalans. Although Tobias stated to the NCFSS/HA that he never asked their status, he made the statement based on an assumption that they were “illegal”.
-Investigators were “working to verify the status of the Guatemalan nationals involved in the incident. We will forward all pertinent information we discover to the US Immigration and Customs Enforcement.”
The outcome of the domestic violence case is as follows:
-The survivor fled the area immediately after being interviewed by GPD and without having received Victim Advocate support.
-Several witnesses to the case also fled the area for fear of reprisals by ICE and anti-immigrant sympathizers.
-Due to the poor management of the case; there were no victims or witnesses to participate in prosecution. The accused perpetrator was also released back into our community.
Both the Chief of Police and the Mayor vowed to correct the situation by rewriting and updating police policy to protect victims and witnesses of crime who are not English-speaking and/or not US Citizens.
From a Gainesville Sun article published April 3rd, 2018:
[GPD Chief Tony Jones said Tuesday afternoon the agency will change the last part of the policy regarding forwarding the information to federal agencies. He added other aspects of it, including officers noting their contact with a foreign national in their reports, may also be changed.
“We’re changing the policy. Everything is in flux right now,” Jones said. “When you change a policy, there are some hurdles you have to go through.”]
Mayor Poe posted on his Facebook page the same day:
“This is not who we are. Please know that I was led to believe that we, as a police department, did not get involved with determining the immigration status of our residents. I was misled. I will address this issue at our regular meeting on Thursday and make sure that this policy is changed.
This type of approach is contrary to our community policing model and has a significant chilling effect on our victims' ability and willingness to report crimes, including domestic violence and battery. We have to do better, and I will make it my top priority that we do. We need to embrace this brave woman, not threaten her with deportation.
I am sorry, Gainesville. I will work to serve you better.”
Ten months have passed and there has been no tangible action. Over the course of the past ten months members of the NCFSS/HA have spent countless hours meeting with the Chief, revising policies, meeting with elected officials, the City Manager and City Attorney. Since October 2018, GPD has ceased communication with the NCFFSS/HA, not returning calls and emails requesting to meet.
GPD made poor choices and the following unraveled:
-The appropriate translation was not obtained even though GPD has a language line available to use in policing. This led to a misinterpretation of the level of danger the abuser posed.
-Due to the misinterpretation of the level of danger and in an inappropriate and unnecessary use of force, SWAT was mobilized, closing down a residential street where the domestic violence incident occurred.
-Contrary to protocol, the victim was not provided a Victim’s Advocate and was brought into the police station for an interview.
-News media went on to expound on immigrant status, based on statements made by GPD that were harmful for the safety of the victim and witnesses.
-The physical address of the domestic violence victim was made public on GPD Facebook, contrary to protocol.
In response to the domestic violence incident, GPD spokesperson Ben Tobias announced:
-The location of where the abuse occurred.
-That the situation involved “illegal” Guatemalans. Although Tobias stated to the NCFSS/HA that he never asked their status, he made the statement based on an assumption that they were “illegal”.
-Investigators were “working to verify the status of the Guatemalan nationals involved in the incident. We will forward all pertinent information we discover to the US Immigration and Customs Enforcement.”
The outcome of the domestic violence case is as follows:
-The survivor fled the area immediately after being interviewed by GPD and without having received Victim Advocate support.
-Several witnesses to the case also fled the area for fear of reprisals by ICE and anti-immigrant sympathizers.
-Due to the poor management of the case; there were no victims or witnesses to participate in prosecution. The accused perpetrator was also released back into our community.
Both the Chief of Police and the Mayor vowed to correct the situation by rewriting and updating police policy to protect victims and witnesses of crime who are not English-speaking and/or not US Citizens.
From a Gainesville Sun article published April 3rd, 2018:
[GPD Chief Tony Jones said Tuesday afternoon the agency will change the last part of the policy regarding forwarding the information to federal agencies. He added other aspects of it, including officers noting their contact with a foreign national in their reports, may also be changed.
“We’re changing the policy. Everything is in flux right now,” Jones said. “When you change a policy, there are some hurdles you have to go through.”]
Mayor Poe posted on his Facebook page the same day:
“This is not who we are. Please know that I was led to believe that we, as a police department, did not get involved with determining the immigration status of our residents. I was misled. I will address this issue at our regular meeting on Thursday and make sure that this policy is changed.
This type of approach is contrary to our community policing model and has a significant chilling effect on our victims' ability and willingness to report crimes, including domestic violence and battery. We have to do better, and I will make it my top priority that we do. We need to embrace this brave woman, not threaten her with deportation.
I am sorry, Gainesville. I will work to serve you better.”
Ten months have passed and there has been no tangible action. Over the course of the past ten months members of the NCFSS/HA have spent countless hours meeting with the Chief, revising policies, meeting with elected officials, the City Manager and City Attorney. Since October 2018, GPD has ceased communication with the NCFFSS/HA, not returning calls and emails requesting to meet.