BPD responds to grand jury report, point by point

Published 9:00 am Friday, August 4, 2023

On July 18, the Brookhaven Board of Aldermen and Mayor Joe Cox were presented with a letter from a recent Lincoln County grand jury that criticized the city’s police department.

The letter, dated July 7, said 28 indictments were returned, 15 cases were continued for further investigation, and one was withdrawn. Two cases were remanded to Municipal Court and the grand jury refused to indict 18 individuals. The letter also spoke directly to the Brookhaven Police Department.

“We the grand jury, after hearing criminal cases presented by Brookhaven Police Department and speaking with the Chief of Brookhaven find Brookhaven poorly investigate their cases, there exist a lack of accountability within the department, department employees gave conflicting statements to the grand jury of facts, the department does not complete investigations in a timely manner, there exist a lack of professionalism within the department, the department has a habit of witness blaming, the department is complacent, investigations are not completed after the original investigator leaves the department, there exist a lack of training and/or continuing education, the department is arresting individuals without sufficient probable cause and the department does not utilize technology to their advantage,” the letter stated.

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On Tuesday, Aug. 1, Chief Kenneth Collins presented the mayor and Board with a 31-page document titled, “In Response to Interim Report of the Grand Jury.”

“We, the Brookhaven Police Department, want to clarify to the citizens of Brookhaven and Lincoln County of the accusations brought before you,” Collins said in an opening statement in the document. “The following report will clarify, define, and explain the accusations from the … Grand Jury.”

Collins said the grand jury could not determine lack of accountability because “if my officers have been reprimanded, these accounts are documented in their personnel files and that is none of your business.”

He answered accusations of lack of professionalism and complacency by saying, “We work as hard as we can to protect life and property for the citizens of Brookhaven. Young men have given their lives to protect this town … Until you are willing to give your life for something greater than yourself, do not judge me and my officers.”

“We are very short staffed … Crime never sleeps,” the chief said in response to the claim that cases are poorly investigated, and conflicting statements were given to the grand jury. “My personnel work long hours, cover hundreds of cases (and) when a detective is assigned to a case they do not expect other personnel to do their investigation without their knowledge.”

Collins said witnesses “many times … refuse to testify or don’t care to testify, therefore leaving key information and evidence to a particular case unknown (and) a person’s knowledge cannot be attained without willing cooperation.”

In addressing a lack of training or continuing education, the chief provided information about the Mississippi Law Enforcement Officers’ Training Academy’s basic training required for all officers, and Certified Investigator Program, as well as a partial list of various training and certifications possessed by officers and investigators in the department.

Collins also listed technology the department employs regularly, including Etrace, Leads Online, Automated License Plate Reader (ALPR), and FUSUS, a real-time video intelligence system.

Lastly, the chief responded to the accusation that BPD has arrested people without sufficient probable cause.

“Courts usually find probable cause when there is a reasonable basis for believing a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search warrant), under exigent circumstances, probable can also justify a warrantless search or seizure,” Collins wrote. A City Judge must read “facts and circumstances, or have the case in Municipal Court before signing a warrant. (The) Judge must find probable cause and enough evidence before the case is bound over to the Grand Jury.”

“In conclusion, it takes many hands on deck to complete any investigation from the City Court to District Attorney,” Collins said. “If we all are not working collectively as one then any investigation will do the citizens of Brookhaven an injustice.”