Review board upholds Chief Burton's decision on Jordan case
Jordan continuously asked the board what his rights were.
Apr. 12, 2013
At the Citizens Police Review Board meeting Wednesday night, board member Daniel Jacob discussed the appropriateness of establishing new police procedures to determine how officers should make contact with someone going through a tragedy.
“Unfortunately I don’t know if any policies like that exist,” Jacob said.
Jacob said people going through a tragedy often may not be in the best position to focus his or her attention on an investigation, as shown with Marlon L. Jordan's complaint.
Jordan filed a complaint against detective Cindy McClain of the Columbia Police Department, who he alleges invaded his privacy when he was visiting his son at University Hospital.
Jordan’s son was the victim of a shooting and had been brought to the hospital with a bullet lodged in his neck. According to Jordan, his son had just gotten out of surgery when McClain arrived.
The doctor came in saying a police officer was there to talk to them, but he asked to not allow her in, Jordan said. Jordan said that despite his request, McClain entered asking permission to search his son's vehicle.
“Her purpose, she claimed, was to collect a bullet,” Jordan said.
McClain stayed despite denying her permission, Jordan said.
“She was very aggressive and continued to beat at us and hammer at us and not respect our privacy,” Jordan said.
Board member Roger Dowis asked Jordan to explain who owned the car McClain was trying to search, as the owner of the car should be the one to grant McClain permission to search. Jordan said it was his son's car.
“There is a huge disparity between what you are saying and what the police officer and even your family is saying happened that day," Dowis said. "Your own family is saying you are the cause of the disturbance."
When Jordan asked for a copy of Dowis' conversation with his family in writing, the board did not produce it.
“Where is the scientific proof?” Jordan asked repeatedly.
Assistant city counselor Rose Wibbenmeyer told Jordan to go to her office to fill out a Sunshine request for the transcript.
Growing frustrated, Jordan continued talking over the board, which tried to ask him questions regarding the altercation that followed. At times he raised his voice and stepped back from the podium.
Jordan claimed the hospital personnel that walked McClain to his son’s room struck him on the arm. Jordan demonstrated how the hospital personnel struck him by tapping his shoulder lightly.
“He has no right to touch me, even as lightly as a feather,” Jordan said as clarification for the board.
Jordan called the hospital personnel tapping his shoulder an assault and claimed McClain was not doing her sworn duty as a police officer because she did not stop the alleged crime from happening in her presence.
Jordan said he believes McClain was the main reason why this assault took place.
There were no other witnesses present to testify in the case. Both Daryl Jordan and McClain were invited to attend but unable to be there.
A motion was called to allow for more time so Jordan could produce witnesses. Board member James Martin asked the board if they needed McClain there as a witness to uphold the appeal. McClain had previously provided a statement and gave notice in advance of prior obligations, although this was the third time she was unable to attend.
The motion was never finalized because Wibbenmeyer asserted it was up to the board, not the defendant, to call upon witnesses. Jordan was upset he could not bring whoever he wanted to testify.
“This is unconstitutional, man,” Jordan said, repeatedly asking the board to tell him his rights.
Jacob and board member Betty Wilson voted in favor of allowing more time for witnesses to present themselves but were defeated as the board voted to uphold Chief Ken Burton's ruling that Jordan's complaint was not over misconduct.
Jacob said he felt as though the board was getting pushed around by CPD and that the board shouldn’t continue to allow the police department to not appear before them to represent themselves.
Following the close of the review and another appeal, Jordan left the council chambers wiping his eyes. A young boy, who was videotaping the session for Jordan, followed close behind.