This article revolves around Jerome Upshaw Murder Case. He was handcuffed and barefoot as he stood outside his home in the dark with the police.
The reason for his detention was a noise complaint, which is not grounds for an arrest.
Additionally, Upshaw refused to give Aaron Cody Smith, the responding officer, his date of birth or social security number.
Upshaw wasn’t taken out of his handcuffs until Smith’s supervisor, Lt. T.E. Roberts of the Montgomery Police Department, showed up.
Even though it was after two in the morning, the magistrate had picked up the phone and informed Roberts that Upshaw was free to withhold any information from the police.
Upshaw filed a complaint with the city alleging that Smith had used excessive force and requesting that MPD train its officers on how to deal with “individuals of all races in low-risk situations”.
Jerome Upshaw Murder Case Update
Jerome Upshaw murder case has been a topic of interest for people.
The complaint states that Roberts expressed regret and mentioned that many young officers were part of the force while releasing Upshaw’s wrist cuffs.
Smith was 21 years old when the event occurred.
A complaint against an MPD officer forewarned of “another Ferguson” two years prior to the officer shooting an unarmed Black man.
Eight days after Michael Brown, 18, was shot by police in Ferguson, Missouri, and a national outcry against police brutality—specifically, the killings of unarmed Black people by White officers—was sparked, Upshaw filed the complaint on August 17, 2014.
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The Montgomery Advertiser this week was able to obtain the full city investigation file, which reveals that the city conducted interviews with Upshaw, Smith, four additional officers, and three of Upshaw’s guests who saw Upshaw being held.
It was determined that Smith had not engaged in unlawful detention in violation of city policy.
Smith is on trial for the February 2016 on-duty killing of Greg Gunn, a 58-year-old Black man without a weapon who escaped a 3 a.m. stop-and-frisk. The trial is scheduled for four years from now.
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The complaint and investigation file show the opinions of one citizen who felt that Smith escalated a situation that Upshaw felt could have been handled more politely, even though the city investigation concluded that Smith did not unlawfully detain Upshaw.
Contact with Upshaw proved fruitless. Smith told Upshaw he wasn’t under arrest, according to the interview files in the investigation file.
Investigators were informed by Smith that Upshaw was handcuffed because “he didn’t know what the homeowner’s demeanor or level of non-cooperation would be.”
“Smith further stated the homeowner was not being combative, he only detained the homeowner in handcuffs until he could determine the identity for the citation,” according to the investigation.
On August 17, 2018, at around two in the morning, Smith was dispatched to Upshaw’s home in response to a noise complaint.
Upshaw met Smith outside the party she was throwing for the annual conference of the Southeast Immigrant Rights Network.
Upshaw gave his name. According to Upshaw, Smith requested that the music be turned off and that the guests be asked to leave.
