Local News

Durham officer suspended without pay for policy violations related to teen's shooting death

Posted June 23

— A Durham police officer who arrested a teenager who shot himself in the head while handcuffed in the back of a patrol car violated policies regarding transporting and handling prisoners, Police Chief Jose Lopez said in a report to Durham’s city manager on Friday.

Lopez said when Officer Samuel Duncan picked up 17-year-old Jesus Huerta on the morning of Nov. 19 on a misdemeanor trespassing charge, he failed to discover the Haskell .45 caliber-semi-automatic handgun in the teen’s possession.

Duncan, who had been with the department for 16 months at the time, frisked Huerta’s pants and jacket pockets and put him in the back of the patrol car, Lopez said, but he did not find a weapon. When they arrived at Durham police headquarters, a short time later, the teen shot himself.

After separate investigations by the State Bureau of Investigation and the police department’s Professional Standards Division, Duncan received a 40-hour suspension without pay and remedial training in transporting and handling prisoners.

Durham’s district attorney announced last month that he would not pursue criminal charges in the case.

Alexander Charns, an attorney for Huerta’s family, said Monday that the family is conducting its own investigation into the teen’s death.

Charns said they believe police should have thoroughly searched Huerta before putting him in the patrol car and that Huerta, who had high levels of drugs in his system, should have been taken to a hospital before police served the warrant for his arrest.

“Our community will judge the appropriateness of the discipline imposed on the officer here, and how the discipline compares to the discipline imposed on other officers,” the family said in a statement. “We will all judge how the DPD moves forward to learn from this tragedy and whether it will take the necessary affirmative steps to prevent future in-custody deaths.”

Lopez’s report to City Manager Thomas Bonfield noted that Duncan several times told Huerta to stop moving around in the back of the police car and that he had intended to perform a more extensive search once they were at the police station.

As a result of Huerta’s case, Lopez said, all sworn officers have been required to complete a two-hour update course on conducting searches, and police officers who train recruits have been told to emphasize proper search techniques.

“We're going to do things in a different way, in a better way, and a lot of it comes from learning from our experiences,” Lopez said Monday afternoon.

Another change – stemming from a second policy violation by Duncan – involves the use of in-car video cameras. They will now turn on automatically within 30 seconds after a vehicle's engine starts running.

Lopez said Duncan did not restart the camera, which turns off if the car is idle for more than 50 minutes. Duncan’s interaction with Huerta was not recorded.

The Durham Police Department will now start providing the city manager a report about any officer-involved shooting within five business days. After Huerta’s death, there were protests in Durham from people wanting to know what happened.

Lopez said he thinks the five-day report will help with community unrest, putting as much information out in public as quickly as possible.

“I think, like anything else in this organization, it's a learning process,” Lopez said. “In the future – not to say we’re going to be perfect – but we’re hopeful not to make the same mistakes.”

The Huerta case was one of three officer-involved shootings in the report to Bonfield.

In the two other cases – the July 27, 2013, death of Jose Adan Cruz Ocampo and the Sept. 17, 2013, death of Derek Deandre Walker – internal investigations found no violations of police department policies or procedures.

Officer R.S. Mbuthia shot Ocampo, 33, after he and other officers responding to a stabbing call told him to drop a kitchen knife he had been holding. Witnesses later said Ocampo was trying to hand the knife to an officer when he was shot four times.

Walker, 26, was fatally shot by Cpl. R.C. Swartz when Walker pointed a gun at officers after an hour-long standoff at CCB Plaza in downtown Durham. Walker was distraught over losing custody of his son, relatives said.

44 Comments

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  • disgusted2010 Jun 25, 12:25 p.m.

    Why don't you tell that to all the minority groups that get their back up when someone calls... View More

    — Posted by disgusted2010

    If police officers don't want us to call them that, then I will stop immediately.

    That said, I... View More

    — Posted by JustOneGodLessThanU

    Many blacks refer to themselves using what would be a riot causing word if a white person used... View More

    — Posted by disgusted2010

    Prove what you say. Show me where officers (plural) don't like this term...'cuz I'm not seeing... View More

    — Posted by JustOneGodLessThanU

    I don't need to prove it. Its offensive in the context in which it is used. While some may not see it as offensive just listen to the context in which it is used daily and by the media, almost always negative.

    Also, where is the proof that all the derragatory words hated by minorities are not liked.

    One more example of people showing their bias.

  • JustOneGodLessThanU Jun 25, 12:07 p.m.

    -

    It isn't any more. It's an acceptable term used by those from all backgrounds, and as such, is... View More

    — Posted by "Screen Name-8/20"

    Why don't you tell that to all the minority groups that get their back up when someone calls... View More

    — Posted by disgusted2010

    If police officers don't want us to call them that, then I will stop immediately.

    That said, I... View More

    — Posted by JustOneGodLessThanU

    Many blacks refer to themselves using what would be a riot causing word if a white person used... View More

    — Posted by disgusted2010

    Prove what you say. Show me where officers (plural) don't like this term...'cuz I'm not seeing the outrage. While no group agrees on anything 100%, this reference seems to be about as popular as some Caucasians not wanting to be called "white"?...or even "Caucasian"? ;-)

  • disgusted2010 Jun 24, 3:41 p.m.

    Why must you disparage the officer? The term "cop" is a derogatory term perpetuated by an... View More

    — Posted by disgusted2010

    -

    It isn't any more. It's an acceptable term used by those from all backgrounds, and as such, is... View More

    — Posted by "Screen Name-8/20"

    Why don't you tell that to all the minority groups that get their back up when someone calls... View More

    — Posted by disgusted2010

    If police officers don't want us to call them that, then I will stop immediately.

    That said, I... View More

    — Posted by JustOneGodLessThanU

    Many blacks refer to themselves using what would be a riot causing word if a white person used it. That does not make it right.

    It IS deragatory as the media and MOST of the general public uses it and I find it offensive as do most law enforcement officers.

  • musthavecoffee Jun 24, 12:33 p.m.

    Wait a minute...a 17 year old with a .45 caliber semi-automatic handgun, on drugs, roaming the... View More

    — Posted by bfortyme

    No one wants to talk about the real problem -- home. Same thing when talking about education. If you start a conversation about that, then feelings get hurt, so we completely ignore the real problem and place blame elsewhere. Isn't America swell?

  • The Anti Hans Jun 24, 10:44 a.m.

    gets docked 40hrs for not doing his job that causes a fatality. A nurse would have her license... View More

    — Posted by LetsBeFair

    No, he didn't *cause* a fatality. The criminal that shot himself committed the crime.

    Police officers are human. They make mistakes. I don't see a need to pillory him for the actions of this malefactor.

  • 68_dodge_polara Jun 24, 10:39 a.m.

    I can imagine the reactions of Durham's residents to more intrusive searches and how it will be turned in to yet another race issue with police officers.

  • JustOneGodLessThanU Jun 24, 10:22 a.m.

    What? You're playing the race card? The cop screwed up! He failed to find the gun...and he... View More

    — Posted by JustOneGodLessThanU

    Why must you disparage the officer? The term "cop" is a derogatory term perpetuated by an... View More

    — Posted by disgusted2010

    -

    It isn't any more. It's an acceptable term used by those from all backgrounds, and as such, is... View More

    — Posted by "Screen Name-8/20"

    Why don't you tell that to all the minority groups that get their back up when someone calls... View More

    — Posted by disgusted2010

    If police officers don't want us to call them that, then I will stop immediately.

    That said, I can't find anything about that online. Nothing here: http://criminologycareers.about.com/od/Work_Environment/tp/10-Things-That-Make-Cops-Cringe.htm

    And, I did find several officers/sheriffs on messages boards referring to themselves as cops.

    Bottom line: If they don't like it, I will stop.

    Your turn.

  • stymieindurham Jun 24, 9:06 a.m.

    Officer Duncan may or may not have proactively done anything wrong, but he clearly could have been a bit more diligent.
    =================================================
    I'd like to hear you explain this so it fits within the confines and restrictions placed on law enforcement trying to do their duty.
    Be sure you know your Search and Seizure laws before beginning. And no rambling, please!!

  • 68_dodge_polara Jun 24, 8:14 a.m.

    Wait a minute...a 17 year old with a .45 caliber semi-automatic handgun, on drugs, roaming the... View More

    — Posted by bfortyme

    No kidding! This kid was armed and breaking in to homes. Someone innocent could have gotten killed and no one seems to even care about that.

  • Vote for Pedro Jun 23, 7:58 p.m.

    Wait a minute...a 17 year old with a .45 caliber semi-automatic handgun, on drugs, roaming the... View More

    — Posted by bfortyme

    Wait another minute; the cop was suspended for not following procedure. Doesn't matter the circumstance, do your job correctly officer.

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