Prosecutor: No charges for LPD officers in search that went viral
‘Officers acted lawfully and in good faith,’ prosecutor says after state police investigation. Attorney calls the decision ‘unbelievable, shocking,’ as civil case against LPD, the city continues.
Lafayette police officers investigating a claim about domestic violence happening in a north end home in May 2024 – an incident that wound up going viral when residents refused to open the door, saying police were looking for the wrong people and had no reason to be there – will not be charged, the Tippecanoe County prosecutor said Friday.
“Officers acted lawfully and in good faith based on a credible 911 call and their duty to verify the safety of a possible domestic violence victim,” a release from the prosecutor said about an evening that wound up with LPD officers breaking down a door at William Neal’s house and arresting him and his son, Taair, for resisting arrest, as officers were recorded by those in the house.
Prosecutor Pat Harrington said the decision followed an investigation by the Indiana State Police.
“In situations like this, officers are expected to act quickly, yet cautiously,” Harrington said in Friday’s release. “Their goal that night was simple: make sure no one inside was in danger.”
Kirk Freeman – a Lafayette attorney representing William Neal, Taair Neal and Tammera Cooper in a civil lawsuit against the city and the police department – called the findings “unbelievable.”
“Shocking,” Freeman said Friday. “They misstated the facts and the law and did not even attempt to address Taair's phone that LPD threw out the police car window in order to conceal what transpired.”
In the civil case, Freeman contend that once the Neals bonded out of the county jail on the preliminary resisting arrest charges, the phone used to record the incident and that had been taken by an officer wasn’t waiting for them. The lawsuit contends the phone was later found along 18th Street, blocks from the Maple Street house.
According to the prosecutor’s account, the situation started when two women from out of state received footage of what appeared to be a domestic assault happening in real time. Lafayette police went to the home in the 1900 block of Maple Street, because it was the last known address of the man they believed was in the footage.
The video footage reported to police, though, turned out to be years old, not from that night, according the civil case against LPD and the city.
From the prosecutor’s account, police attempted to communicate with those inside the house, trying for 12 minutes to determine whether the woman they believe was beaten was inside. Based on previous accounts and the prosecutor’s release, Neal told police that no one inside had been harmed and that they were looking for people who did not live there. In the video, Neal repeatedly tells officers not to come in unless they have a warrant.
From the prosecutor’s account: “During the first seven minutes on scene, officers used the names of those involved in the reported domestic violence five times — without correction – before the occupants finally stated the individuals were not present. Officers emphasized that they would leave immediately if they could confirm the woman’s well-being in person. Tensions escalated when one resident, speaking to a supervisor within seconds of his arrival, threatened to ‘shoot you’ if officers forced entry. After issuing final warnings and receiving no cooperation, officers entered the home under lawful authority to complete the welfare check. Once inside, officers determined that the individuals seen in the video were not present. The woman inside was not the person believed to be in danger.”
Neal and his son were arrested for resisting arrest and taken to jail. No formal charges were filed against them.
The contention that someone inside threatened to shoot anyone isn’t seen in Neal’s video, which picks up after the door was open.
Harrington released a transcript of the incident, as collected on officers’ body cameras, which the prosecutor’s office said was “not included in the widely circulated viral video.” Here’s a copy of that:
“This began with a legitimate concern for someone’s safety,” Chief Deputy Prosecutor Jason Biss said in Friday’s release. “The officers made repeated efforts to de-escalate and followed protocol.”
William Neal, Taair Neal and Tammera Cooper filed a civil suit against the city and the Lafayette Police Department in December.
The lawsuit lays out a version of the incident in which “the Lafayette police create the claim of a video showing someone being physically beaten at 1923 Maple Street (the video would later turn out to be seven years old and filmed in another city, in another county and NOT at 1923 Maple Street).” They make claims of battery, emotional distress, confinement, recklessness, negligence, conspiracy, failure to supervise, property damage and false imprisonment.
Attorneys are scheduled to meet for a conference in Tippecanoe Circuit Court on Monday, July 14.
Freeman called for federal authorities to investigate, after reading the prosecutor’s statements.
“The family calls out to the United States Attorney for the Northern District of Indiana to investigate this violation of their civil rights and to protect the rights of all racial minorities in Tippecanoe County,” Freeman said.
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Meanwhile an instigator can roll up to peaceful protestors at Hands Off Rally in Lafayette, brandish an automatic weapon at citizens and LPD find no fault or need to arrest.
Hmm, so two people were arrested for "resisting arrest" after telling the police (correctly!) that there was no disturbance, that they had no business with the police and didn't want them there without a warrant. The police entered anyway and confirmed that the residents were right, still arresting two of them for the trouble.
Is LPD familiar with "swatting?"