Warrenton police officer under investigation after complaints of improper use of force
The State Bureau of Investigation has been investigating a Warrenton police officer since last month, according to court documents.
Court documents say the district attorney’s office called on the State Bureau of Investigation [SBI] on Jan. 5 to investigate complaints of improper use of force by Sgt. Mark Oakley.
The documents say an SBI agent interviewed two people, and one of them provided video recordings of three different incidents involving Oakley using his taser.
Those incidents coupled with the two interviews give “rise to probable cause” that Oakley used his taser on unarmed people without first using deadly force-escalation tactics, when he did not appear to be in immediate danger of physical harm, and on unarmed people who were not actively resisting arrest.
WRAL Investigates requested the town’s use of taser policy.
“Officers must assess the effectiveness of each application and determine whether further applications are warranted, or a different tactic should be employed. The decision to use the TASER will be dependent upon the actions of the subject, the threat facing the officer, and the totality of circumstances surrounding the incident,” it reads. “The TASER may be deployed only where a police officer is confronted with an exigency that creates an immediate safety risk and that is reasonably likely to be reduced by the use of the TASER.
“Such situations may include the following:
- Violent or threatening behavior;
- Flight to avoid arrest or detention in circumstances where an officer reasonably perceives that allowing the suspect to run would create an immediate safety risk to themselves or others;
- Other situations where an officer can articulate an immediate safety risk that is reasonably likely to be cured by the use of the TASER.”
In bold, it reads, “TASERs should not be deployed in situations where individuals are non-compliant or resistant unless the non-compliance or resistance creates an immediate safety risk that can be mitigated by using the TASER.”
The SBI agent was also tasked with investigating complaints of “possible misconduct by the Warrenton Police [Department], including altering reports & incidents of excessive force,” as a result of the DA’s request, according to court documents.
The district attorney’s office filed a temporary restraining order against the town, the police department and the company that stores the town’s body camera footage, WatchGuard Video, Inc.
The order prevents them from destroying or altering video, reports, files, etc. involving Sgt. Mark Oakley.
The town provided this statement to WRAL Investigates:
"The Town has become aware of an SBI Investigation relating to Sgt. Oakley. The Town is fully cooperating with that investigation, and Sgt. Oakley has been placed on administrative leave pending the outcome. Given the ongoing nature of that investigation, the Town cannot provide any further information at this time."
The town’s attorney said Oakley has been employed with the department since January 2018.
