CHARLOTTE, N.C. — If Kyre Mitchell needs a reminder of the Charlotte protests arising from the 2020 murder of George Floyd, he need look no further than his right hand — specifically where his middle and ring fingers used to be.
Mitchell blames police and the City of Charlotte for what’s missing.
Just before midnight on May 30, 2020, a “flashbang” grenade thrown by a police officer into an uptown bottleneck of Floyd protesters and bystanders detonated in Mitchell’s right hand as he attempted to throw it away, his new federal lawsuit claims.
The explosion blew off parts of two of his right fingers and severely burned the others as well as his palm.
Mitchell, a 29-year-old Charlotte-area artist, dancer and photographer, says the pain from the injuries continues to this day. He claims the damage to his hand either permanently prevents or limits his ability to work or take part in the activities he once loved.
His Charlotte attorneys, Micheal Littlejohn and Darlene Harris, allege that police use of the explosive device that injured Mitchell was both excessive and illegal.
Their complaint, filed in federal court this month, accuses police and the City of Charlotte of more than a dozen federal and state violations of Mitchell’s rights, including freedom of speech and assembly. It also accuses the defendants of assault and battery, unlawful seizure, excessive force and conspiracy, among other claims.
The filing also reopens a long-simmering debate: How well did police in Charlotte and around the country balance the need for public safety with the rights of predominantly peaceful protesters, particularly in the wake of the May 25, 2020, death of Floyd in Minneapolis under a police officer’s knee?
In multiple cities, Floyd protesters took police to court over a series of allegations.
In March, for example, a jury in Denver awarded a group of Floyd protesters $14 million in a lawsuit accusing the city’s police of excessive force.
In a separate Colorado case similar to Mitchell’s, a photographer who almost lost a finger when he was struck by a “less-lethal police projectile” while covering a Floyd protest settled his lawsuit for $485,000.
In May, a civilian review board in New York recommended that 145 police officers be disciplined for misconduct during the city’s protests over Floyd’s death. The NYPD also has been sued by a group of attorneys accusing officers of “violent protest policing tactics.”
Here in Charlotte, a lawsuit accusing Charlotte-Mecklenburg Police of launching a similarly violent response during the Floyd protests led to a series of major tactical reforms. But those came too late for Mitchell and others.
Mitchell, who on the night of his injuries was participating in the first public demonstration of his life, was neither arrested nor charged with a crime, his lawsuit claims. “Yet he now has to live without his fingers.”
His complaint names the city and police department, current and former police chiefs, along with almost 70 identified and unidentified officers, including 50 “John Does” from nearby law enforcement agencies who were under CMPD command during the Floyd protests.
The lawsuit accuses them of “recklessly” and “needlessly” using weapons and dangerous tactics “under the guise of crowd control” that left Mitchell “permanently maimed.”
The complaint alleges that any of 13 CMPD officers on duty that night could have thrown the stun grenade toward Mitchell.
“This case is the sad tale of police officers, clothed with the awesome power of the state, run amok,” it reads.
Sandy D’Elosua, a police and city spokeswoman, declined comment last week on what she described as a pending legal matter.
'Hammer their asses'
Mitchell’s complaint is at least the second legal action aimed at police tactics in Charlotte. during the Floyd protests.
On the night of June 2, police trapped hundreds of Fourth Street marchers between College and Tryon streets, a tactic known as “kettling,” then pummeled them with tear gas, flashbangs and pepper bullets. A class action lawsuit filed by individual marchers and various civil rights groups remains pending.
In body-cam video later obtained by The Charlotte Observer and other media outlets, CMPD Supervisor Scott Sherwood gave a preview of what was waiting for protesters on Fourth Street.
“We’re going to push their asses straight up 4th. As soon as they get up on 4th — we got (them) bottlenecked now — then (Lt. Chris) Rorie’s squad is gonna step out and hammer their asses. When they start running down, (Maj. Robert) Dance’s squad is gonna step out and hammer their ass with gas. We’re gonna f------ pop it up!”
Police used similar tactics three nights before at Fifth and Tryon, according to Mitchell’s lawsuit, which names Sherwood, Rorie and Dance as defendants.
Charlotte-Mecklenburg police repeatedly denied that any kettling occurred on Fourth Street. The practice was banned by CMPD after the mayor and Charlotte City Council publicly condemned the June 2 incident.
Under the terms of a 2021 lawsuit settlement, the police department said it would also no longer fire pepper balls above the shoulders of protesters nor use tear gas to control crowds. It also revised its policy around dispersal orders to make sure those commands are better heard.
CMPD Chief Johnny Jennings said at the time of the settlement that the furor surrounding police tactics on the night of June 2 led the department to review and revise some policies.
“We are a learning agency and always looking for ways to improve as we owe that to the City of Charlotte, Mecklenburg County and all of those we serve because it is the right thing to do,” Jennings said in a statement to the Observer.
‘Without notice’
Mitchell lost parts of his fingers five days after Floyd lost his life.
According to his lawsuit, Mitchell spent several hours marching through uptown with other protesters, when, at 11:30 p.m. on May 30, the crowd reached a line of police blocking off the intersection of Fifth and Tryon streets.
The crowd was peaceful at this point, the lawsuit claims. Bystanders intermingled with the marchers.
“(W)ithout notice or instruction to disperse,” according to the lawsuit, police unleashed chemical munitions at the crowd, including tear gas, pepper balls and “flashbangs,” a so-called less-lethal explosive device designed to stun targets with loud noise and blinding light.
Mitchell stood 50 feet from the police line when he says he saw an officer throw a device that landed at his feet, the lawsuit claims. A small car carrying a family with children was beside him. Other protesters were nearby.
Mitchell says he picked up the device to throw it in a safe direction. Instead, the flashbang exploded in his hand.
Much of what remained of his right middle and ring fingers was amputated in the emergency room in Atrium Main later that morning.
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