The Strait Edge

Arrested Development Part III: When Officer Friendly Isn't So Friendly

3/14/2018

Courtesy: Twin Cities Daily Planet

This is part three of a four part series examining the various aspects of Benjamin's Haygood's 10 month educational and legal experience.

“He doesn’t have to be told, he has a warrant.” That was the response from the officer arresting then 10-year old John Benjamin Haygood at his school last year after his mother, Luanne Haygood, asked why John Benji wasn’t being told why he was being arrested. Hell, we are all still trying to figure out why he was arrested and charged with five felonies.

The warrant for John Benji was been issued in November of 2016, yet it took five months to execute. Mind you John Benji had not been in school since December 2016. His arrest appears to be one of convenience as he was at the school to participate in testing. The officer noticed John Benji as he passes the room he’s occupying and executed the warrant. In response to the outrage of the arrest, the district contended they knew nothing of the existing warrant and impending arrest. However, in a January 6, 2017 email to district officials and staff, the principal acknowledged a conversation with the school resource officer that a take and hold warrant was issued for John Benji and the department nor the school has any obligation to notify the parent. So they didn’t, and months later when John Benji made himself available, they executed it.

The SRO Role

The nature of John Benji's arrest calls into question the connection between the school resource officer and the school administration. One of the identified roles of a school resource officer is that of an informal counselor, one who is there to make connections with students, parents, and school staff. In speaking with Mo Canady, Executive Director of the National Association of School Resource Officers (NASRO), this is a part of the “triad” that comprises the role of the school resource officer.

Executive Director of the National Association of School Resource Officers, Mo Canady, explains the primary roles of school resource officers.

Excerpt from In the BULLPEN with Dr. T Podcast.

As the largest organization in the world providing training to school resource officers, NASRO has three clear components of school policing that underscore their triad roles:

Clear and Concise Memorandum Of Understanding Between the District and Law Enforcement
School Resource Officers must receive training regarding special needs students
Clearly defined roles of the officer in school setting (the triad)

The triad of roles of a school resource officer has two components that differ from street policing as we know it. In speaking with Sargeant Mark Roberts of the Okeechobee Sheriffi's department, who oversees the school resource officers, he affirmed that his officers receive training from NASRO. Although he indicated they do not do so regularly, they do however, participate in training annually from the Florida Association of School Resource Officers (FASRO).

As the supervisor of Okeechobee's school resource officer, Sgt. Roberts has advocated for more health and behavioral services for the students at Okeechobee Achievement Academy where John Benji attended. In a September 12, 2012 meeting of the Okeechobee County Juvenile Justice Council, Roberts asserted the students were are in need of additional services such as individual student counseling and family counseling'. With this level of concern for students, why such a callous approach with a 10 year old? The answer may be in the quality and focus of training.

In my discussion with Sgt. Roberts about the nature of training for Okeechobee School Resource Officers, he cited three priorities:

Execution of the Baker Act
Activer Shooter Engagement
Emergency Lockdown

Given the recent events related to school gun violence and safety, these are arguably necessary and relevant in providing for safe schools. However, in the daily role of the school resource officer, the other components of the triad were not evidenced. When School Resource Officer Ben Fields became a household name after the Spring Valley incident, there was division about the appropriateness of his actions as well as questions about the role of administrators in regards to supervision and direction.

At the root of the contention was the assumption that street policing and school policing were the same. They are not. The variance in how these roles are defined can be measured by the requirements for training of school resource officers. Currently only 12 states require formal SRO training. This inconsistency underscores not only the perceptions about the role of the officer, but a justification for actions without uniform guidelines or standards. This type of inconsistency begs for controversy that is grounded in comfort, not quality.

Where's the Disconnect?

Disappointment is the difference between expectations and effort. That's what I heard growing up and found it to be a good yard stick in measuring outcomes. After John Benji's arrest the school district asserted it's lack of knowledge of the impending arrest. Likewise, the sheriff's department stated they were unaware of John Benji's status as a special needs student. All of this calls into question how connected these entities are in supporting the needs of students. How defined are their roles? Is there an existing memorandum of understanding between the school district and the Sheriff's office which outline expectations? How connected to the students is the of the School Resource Officer in this district? Given that the arresting officers claim unawareness of John Benji's special needs status, that's a valid question that needs to be answered.

Maryellen Quinn-Lundy, Director of the Florida Atlantic University Center for Autism & Related Disabilities, in response to the question of options available to school staff including school resource officers in helping students with John Benji's identified special need, she stated, "Parents, Educators and Law Enforcement must take a proactive stance, in working with students with disabilities. Autism is a very complex disorder and requires all adults to partner and collaborate, to ensure positive outcomes for students. Schools, especially rural school districts, often have limited resources to support children with behavioral challenges." This is the same agency district officials touted as a resource to their staff, including school resource officers. in an interview a month after John Benji's arrest.

Here's the bottom line, with all of the training available to support staff and school resource officers, why do the actions and responses before, during and after John Benji's arrest not match that of the experts who can and do provide the support? According to Ms. Quinn-Lundy, "Florida is unique to other states, as Florida offers a statewide system of support for persons with autism, at no cost to the individual, school district, or law enforcement agency." Appa;rently resources aren't the problem.

This question of school resource officer roles is not new. It's a question of quality over comfort. This can be defined in the response to disappointing outcomes and evidenced by justifications after-the-fact with few qualitative standards to stand on. Doing what has always been done is 'comfort', doing what's right consistently is quality. The school to prison pipeline begins as term suggests, at school. When law enforcement becomes entangled in the processes of addressing school misconduct, the cycle flows to the courthouse and to jail. After John Benji's arrest he as taken to a detention center approximately 45 minutes away and detained overnight. The next day he was taken before a judge and arraigned. Nothing you would expect a 10 year old-autistic child to experience, but experience it he did.

Luanne Haygood, John Benji's mother, describes the long term implications of his arrest and impending trial on five felony charges.
Video Courtesy Topspin Content

Ms. Haygood's concerns are shared by many parents who struggle to understand actions that don't grow children but label them. When serving your warrant on a 10 yearl old special needs student supercedes the need to communicate and engage parents, maybe you're a little too comfortable.

4 Comments

where's my damned keys

5/1/2019 12:32:38 pm

Interesting to say "resources aren't the problem" when at the time of the incident Florida was rated 49th of States in adequate provision of resources and availability of services to those with mental illness and developmental disabilities.

5/1/2019 12:43:18 pm

There seems to be further misconception as to a recognition of the diagnosis of ASD in this case. In fact, even after John Benjamin Haygood had been released from custody to his mother there was still no permanent determination of ASD at that time that had been made, or formalized. Luanne Haygood even commenting/ blaming everyone but herself in her social media account and subsequent interviews that John Benjamin Haygood’s Social Security benefits had been temporarily terminated, because she and her son failed to attend a scheduled determination hearing. The school likewise at the time recognizing him as having an undetermined mental illness / developmental disability on record, and on that file that “The mother says he has autism” because a permanent diagnosis had yet to be formally determined. Likewise to expect the officers to have specifically known he had ASD based on the information that could be confirmed would not be reasonable, and further would have made absolutely no difference in enforcing the warrant to take him into custody. Though even at the subsequent hearings a definitive answer was not forthcoming to the court for the record. It requiring the judge ordering that any confirmation that the boy was indeed autistic that it needed to be presented.
According to reports of the hearing:
“The prosecutor also asked Judge Jerald Bryant to require defense attorney Stephanie Langer to present documentation stating her client has been diagnosed as being autistic. At this point, the defense has only filed paperwork with the court stating Haygood has “mental disabilities.” The prosecutor also argued that, without those records: “How can I litigate my case?” Judge Bryant then ruled if the defense has records indicating Haygood has been diagnosed as being autistic, the defense must make them available to the state.”

where's your damned keys

5/1/2019 04:22:52 pm

The fact is the boy, John Benjamin Haygood, had exhibited 55 aggressive and excessively violent incidents at his school alone (not counting the fire his own brother reports in his social media that he set at the family’s home), among which was a premeditated stabbing of another disabled classmate, repeatedly breaking bones with the steel toed boots his mother so thoughtfully bought him, and certainly not the least of which the twice he threatened to return to the school with a gun and shoot people dead. Altogether that amounted to 5 felony charges.

There is more information available at your fingertips in the form of additional articles, interviews, police, court, and arrest records as well as the family member's own social media from the two years since this took place.

Directly from the report of the initial court appearance citing the Assistant State Attorney :

"When talking about the incident that led to John Benjamin’s arrest, Mr. Albright said he has been able to document 55 incidents committed by the boy while in the Okeechobee school system. “That’s only physical aggression against the other children or faculty,” he noted. Some of the documented incidents include kicking, biting, spitting and punching. The prosecutor then offered a few specific incidents.
• On one occasion, the boy kicked a male coach in the groin.
• The boy punched another student in the face.
• The boy stabbed another student with a pencil after he had just sharpened it and the pencil went through the other child’s jacket and punctured the skin.
• The boy intentionally stomped on a female teacher’s foot while wearing steel-toed boots and broke three of her toes. “Then, when she returned to work, he stomped on her same toes and said she deserved it,” said Mr. Albright.
• On two different occasions John Benjamin told teachers he was going to come back with a gun and kill them."

Making a determination on the basis of a developmental disability is not at the discretion of the officers, John Benjamin Haygood being as subject to the law as anyone else. The exception being that it is the role of the court to take into account any impact of a disability or disorder, which of course it did. Those other developmentally disabled classmates, as well as those individuals that advocate and intervene on their behalf, who had been victimized by John Benjamin Haygood all have the undeniable rights to press charges in the interests of their safety and well-being. Something that is being too easily dismissed and contributed to by misrepresenting the facts as if they only involved a single incident with one teacher, or rather one para-professional.

The officer’s having a valid warrant were not obligated to discuss or get into a debate with the mother, who clearly was aware of the outstanding charge filed the previous November. Rather than depict some flaw in the time it took to execute the warrant, that’s 6 months the mother had the opportunity to address the charge with the proper authorities, but failed to. Naturally resulting in the outstanding warrant being enforced when they ran into the same deputy that filed the initial complaint on duty at the school. This confirmed in subsequent interviews and the police report, though Luanne Haygood even in her own dialogue in her own recording can be heard referencing the incident from “months ago”. As you can see the officers did not allow themselves to be drawn into any conflict or battle of wills that might only cause matters to escalate. A difference of opinions serving no purpose in front of the boy. Especially when it can be observed that a simple inquiry from an officer was met by the mother snapping, “No. He’s not going to be okay!” Not allowing a power struggle to ensue when needing to intervene with a person with developmental disabilities, as well as their parent who frequently struggles with their own disorders, being a key element of strategies for crisis intervention and prevention.

It's understood that this incident is being pointed to with the intention of lending support in depicting a "school to prison pipeline" which it would seem is a prelude intended to promote a collaboration between the host and producers of reality programs on the subject, but there's a flaw in looking at the incident with a bias predetermining that it supports your premise for the benefit of the program. That being that it remains the role of the court to take John Benjamin Haygood's age and disorders into account in making a determination of how they impact his competency. Ultimately the court, as is its role, took his disorders, which behaviors strongly indicate include an oppositional defiant disorder and or a conduct disorder as well as ASD and ADHD, into account and adjudicated him as incompetent. Which provides safeguards, in lieu of his threat to return and shoot people at

5/1/2019 04:55:36 pm

(to complete the previous reply) ...Ultimately the court, as is its role, took his disorders, which behaviors strongly indicate include an oppositional defiant disorder and or a conduct disorder as well as ASD and ADHD, into account and adjudicated him as incompetent. Which provides safeguards, in lieu of his threat to return and shoot people at his school dead, that prevent his future access to any firearms, as well as the court assuring there is provision of additional intervention and oversight at his current placement at the Mountaineers School of Autism in West Palm Beach. These safeguards further not requiring any conviction, incarceration in juvenile detention, or any punitive measures. Most importantly preventing a repeat or mirror of circumstances that contributed to the 17 shooting fatalities in relatively nearby Parkland involving Nikolas Cruz, as well instances where others had likewise made good on their threats. Those who had unfortunately not been barred from access to firearms despite histories and circumstances that in hindsight clearly indicated the action was warranted. Those like Adam Lanza, and even James Egan Holmes and Devin Patrick Kelley.

Arrested Development Part III: When Officer Friendly Isn't So Friendly

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