Investigation clears Kinston officer in viral arrest incident
The following is a summary of an incident that took place on July 18th regarding a short video that went viral on social media regarding a Kinston Police Officer arresting a lady for refusing to provide her driver’s license. The incident has been reviewed by our agency’s Internal Affairs Division and the Chief of Police. The investigation consisted of video footage from the officer’s body worn camera, the officer’s in-car camera, the store’s video footage as well as statements from the officer, the person arrested and witnesses at the scene.
On Thursday, July 18th, 2024, at approximately 7:00 pm, a Kinston Police Department Officer was dispatched to the Piggly Wiggly parking lot located at 2407 N. Heritage Street in reference to unlock a vehicle that was illegally parked in the fire lane. Upon arrival, the Officer observed 6-7 cars parked in the fire lane, which has also been a consistent complaint from our community members. The Officer entered the Piggly Wiggly store to contact an employee and requested an announcement for the vehicle owners to return to their cars for a fire lane violation citation.
The Officer began the process of gathering individual driver’s licenses from some of the parking lane violators and walked to his patrol vehicle to retrieve his unlock kit. Upon walking back to the fire lane, he observed a female exiting the Piggly Wiggly store and enter the driver’s seat of a black SUV parked in the fire lane. The vehicle began driving away from the fire lane and the Officer signaled for the driver to stop. Once stopped, the Officer requested for the driver, later identified as Mrs. Marilyn Fields, to provide her driver’s license to him so he could issue her a citation for parking in a fire lane. Mrs. Fields told the Officer that it was raining and she was not going to give him her driver’s license because although she was parked in a fire lane, she had since left the fire lane.
Over the course of one minute and 30 seconds, the Officer requested Mrs. Field’s driver’s license 18 times and she refused to provide it to him. The final time the Officer requested Mrs. Field’s driver’s license, she asked if she was going to get a ticket and the Officer replied, “Yes.” Mrs. Fields replied, “Then no.” The Officer told Mrs. Fields that if she didn’t provide him her driver’s license she was going to go to jail, in which Mrs. Fields told him to take her to jail then.
The Officer then reached in Mrs. Field’s vehicle to place handcuffs on her and she pushed him away and told him not to touch her. The Officer was able to take hold of Mrs. Field’s left wrist and take her out of the vehicle. Once Mrs. Field’s was out of the vehicle, the Officer placed handcuffs on one of her wrists but Mrs. Fields refused to place her other hand behind her back and instead, attempted to make a phone call with her other hand. The Officer attempted to place Mrs. Fields against the vehicle to place her other hand in handcuffs but she refused to place her hand behind her back, instead, keeping her phone to her ear. The Officer then placed Mrs. Fields on the ground to gain control of the situation and attempt to place her other hand in handcuffs. Mrs. Fields continued to resist, holding her phone and refusing to release it. After a short struggle, the Officer secured Mrs. Fields in handcuffs and placed her in his patrol vehicle. While in his patrol vehicle, Mrs. Fields complained about a scrape she suffered during the arrest so the Officer contacted EMS and requested they meet her at the Lenoir County Jail. While at the Lenoir County Jail, Mrs. Fields refused treatment from EMS.
As previously mentioned, this encounter, in its entirety, was captured both by the officer's body-worn camera and the patrol vehicle's dash camera. Both recordings were provided to the Kinston Police Department Internal Affairs Division to determine whether the officer's actions were within the guidelines of North Carolina General Statute 15A-40(d)(1) and the Kinston Police Department Use of Force Policy. After careful review, it has been determined that the officer acted within policy and procedure. Pursuant to the arrest, Mrs. Fields has been given a date to appear in the District Court of Lenoir County for her charges, which are Resisting a Public Official and Parking in a Fire Lane.
We regret this type of incident took place and want to ensure our community that our officers use the least amount of force necessary to take a person into custody. In this situation, providing a driver’s license, which is mandatory under North Carolina General Statute 20-29, could have prevented an arrest as well as any use of force from taking place. We understand the short video that went viral is shocking to viewers and the narrative that has been placed on social media regarding this event has caused people to make quick assumptions but as an agency, we have to conduct a thorough investigation before discussing the matter. It is our goal to continue to work close with the members of our community and be transparent at all times. The Kinston Police Department will provide no further comments related to this incident.
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