Judge nixes Durham officers' attempt to block review board hearing after guns pulled on boys playing tag

Fifteen-year-old Jaylin Harris and Zakarryya Cornelius, who was a day shy of turning 9, said they were playing tag with a friend last August at the Rochelle Manor Apartments complex when the officers confronted them.

Jaylin said the officers patted him down and handcuffed him, all while guns remained pointed at him and his young friends.

None of the boys was charged with a crime, and police later told the families that they had received a report of someone who matched Jaylin's description who had a gun and was selling drugs at the apartment complex.

After an internal investigation, Officer Z.B. Starrit was suspended without pay for eight hours. No other discipline for any of the officers was made public.

Durham's Civilian Police Review Board is looking into how the police department handled the investigation of the incident after the boys' mothers complained. The board's hearing was expected to conclude Monday, and the board would then submit its findings and recommendations to City Manager Wanda Page.

"Seeing the video footage and hearing the testimony, it was very concerning," Langley said after the board met with the boys and their mothers for four hours last Wednesday.

"There are no limits to what type of recommendation we can offer," he added.

"This is not trying to stop an investigation into the officers. They were fully investigated," attorney Daniel Meier said of the officer's lawsuit. "This is making sure the Civilian Police Review Board follows the rules that they are set up for and stays within the scope of what they are set up for."

The suit, which identifies the officers only as John Does 1-4, states that the procedure manual governing review board hearings are to remain confidential and that members aren't to speak publicly about pending cases. The manual also states that the review is limited to determining whether a police department investigation or the findings of an investigation were "deficient because of an abuse of discretion," according to the motion.

"We believe the violations are quite clear," Meier argued during a Monday afternoon court hearing. "They can’t just simply ignore [the procedures] because they feel like it."

But Assistant City Attorney Anna Davis argued that the procedure manual was created by the city, and it doesn't provide the officers with a basis for a claim.

Superior Court Judge Orlando Hudson ruled against the officers' request for a restraining order, but Meier said their lawsuit over the review board's actions will move forward.

"Our main concern is the board is supposed to be fair. They’re supposed to be independent actors," Meier said after the court hearing. "Based on what [Langley] said, it sounds like he may already have a pre-determined outcome in mind."

Langley said Monday that he stands behind his comments to WRAL and believes he was within his rights to make the statements.