Sen. Brian Williams says he feels fortunate to get the bill across the finish line
Last December, Sen. Brian Williams told The St. Louis American he was headed into the legislative session with one major goal in mind: passing his police reform bill by opening the dialogue with Republicans by sharing his and other people of color’s experiences.
Last week, Williams was able to do just that.
“I think this is something that’s going to really move our state forward and this is the first time we’ve had any progressive reform since the death of Michael Brown. Today, we can actually say Black lives matter.” – Sen. Brian Williams
His bill, combined with another, will implement a whole list of police reforms including prohibiting law enforcement from using chokeholds unless deadly force is authorized; increasing the penalty to a Class E felony for officers and correctional staff who engage in sexual conduct with a person in their custody; and preventing officers who have been discharged from one department for wrongdoing from simply moving to another department by granting immunity to departments to release that information.
In addition, it creates a statewide database to keep track of officers who have been investigated or reprimanded for using too much force, which will be run and maintained by the Peace Officer Standards and Training (POST) Commission.
“I think this is something that’s going to really move our state forward and this is the first time we’ve had any progressive reform since the death of Michael Brown,” Williams said. “Today, we can actually say Black lives matter.”
Sgt. Donnell Walters, president of the Ethical Society of Police (ESOP), said the St. Louis Metropolitan Police Department has been proactive with some of these issues — including the fact that the organization has not supported the use of any kind of chokehold for about 15 years.
“I know is ESOP 100 percent in favor of this database being kept and we hope that the POST Commission has enough staff to maintain it so there is not a backlog before the entries are put in,” Walters said.
Two other reforms the bills will implement is an expedited expungement process for both nonviolent felony offences (from seven years to three years) and misdemeanor offenses (from three years to one) and modifies the state law regarding the execution of warrants — giving officers discretion on arresting someone with a warrant for a misdemeanor traffic offense, depending on the circumstances of the case.
“So now we’ve just given police officers discretion, without being worried of being reprimanded, for giving someone a second chance, you know, that’s a parent driving with their little child in the back seat or someone trying to get to work and clearly do the right thing but just wasn’t able to pay a fine or was just poor,” Williams said. “We don’t want those people being put in jail and creating a more of an uphill situation. We want to give an opportunity to take care of that, but also continue to work towards building trust between police and community.”
Walters echoed that sentiment, saying that arresting someone over a traffic warrant can exacerbate their situation and he’s glad officers now have some choice in certain situations.
The bill also includes a provision that would allow a prosecutor’s ability to file a motion to vacate sentences based on innocence — which could potentially change the case of Lamar Johnson.
In 2019, St. Louis Circuit Attorney Kim Gardner filed a motion for a new trial for Johnson, who has spent 26 years in jail. Gardner alleged former prosecutors and police fabricated evidence to get Johnson’s murder conviction in 1995. However, a circuit judge ruled Gardner didn’t have the power to file for a new trial, decades after Johnson was convicted, and dismissed the motion.
“It’s something that’s going to help local prosecutors like Kim Gardner and Wesley Bell,” Williams said. “… Basically, what that does is it allows the court to grant a motion from a prosecutor or circuit attorney to vacate or set aside a judgment when the court finds clear and convincing evidence of the defendant’s innocence or situations of prosecutorial error. So, with Lamar Johnson, we just heightened his chances of being released from prison.”
One other reform the bills implement is ensuring female inmates have access to feminine hygiene products.
“ESOP is happy that progression is being made to hold those accountable for their actions. That that’s the biggest thing —ESOP has always been about fairness and accountability,” Walters said. “There are a lot of positive, hardworking officers who work not only within our agency, but for agencies throughout the country, who do the job right. And they shouldn’t be punished or condemned because of those officers who do the job wrong.”
Williams represents District 14 and was elected to the Senate in 2018 when he ran unopposed; his current term ends Jan. 4, 2023. He was the only Black man serving as senator in the last session and became the first Black man in two decades to hold a leadership role in the state Senate as assistant minority floor leader. District 14 includes University City up through Ferguson and west through Hazelwood.
“When I was elected to the Senate, I was the first Black man to go there in 20 years,” Williams said. “And I understood immediately that George Floyd could have easily been me. And that’s never lost upon me — Breonna Taylor, Michael Brown — they all should be alive today and I truly believe by just making that case to my Republican colleagues, clearly and very diligently and persistently through the process, we were very fortunate to get this across the finish line.”
