The Morgantown community has understandably been shaken by the video that went viral over the weekend, showing an altercation between a Morgantown Police officer and a young man that resulted in the young man being pinned to the sidewalk. (The young man ended up with abrasions on his face.) Monday evening, Morgantown PD released body camera footage of the incident.
Along with the footage, the MPD released a statement that officers were responding to a domestic violence call at Fat Daddy’s Bar and Grill just before midnight Thursday, Feb. 2. Callers alleged a young man, later identified as Massinissa Belkadi, was trying to forcibly remove his ex-girlfriend from the bar.
From both videos, we can see that Belkadi was sitting on the steps outside Chipotle on High Street, up and across the road from Fat Daddy’s. He appears to be sitting by himself.
According to the criminal complaint, Belkadi “was uncooperative with the officer and refused to answer the officer or comply with his requests. After several moments of refusal to engage with the officer, Belkadi was asked to stand up from his seated position, which he also refused to do.”
The videos show us what happens next: The officer pulls Belkadi to his feet; they spin around and end up on the ground. Two officers then work to put handcuffs on Belkadi. In its statement, the Morgantown Police said the officer did not use excessive force. Ultimately, Belkadi was charged with obstructing an officer, disorderly conduct and public intoxication; MPD said the investigation into the alleged domestic incident is ongoing.
After two short videos and a press release, we still have more questions than answers.
What we cannot see in either video, and what is not articulated in the criminal complaint, is how officers approached Belkadi — and most of our questions revolve around those undisclosed moments.
The West Virginia Supreme Court of Appeals said in 2003, “Refusal to identify oneself to a law enforcement officer does not, standing alone, form the basis for a charge of obstructing a law enforcement officer in performing official duties … However, the charge of obstructing an officer may be substantiated when a citizen does not supply identification … when the refusal occurs after a law enforcement officer has communicated the reason why the citizen’s name is being sought in relation to the officer’s official duties.” (However, police will often threaten obstruction charges for any noncompliance, and courts have usually ruled on a case-by-case basis, sometimes in ways that seem contrary to previous rulings.)
It is what’s unknown that shapes the rest of the encounter and the public’s understanding of what happened and why.
Did Belkadi know that someone had called 911 and reported his altercation with his ex? Did officers tell Belkadi that they were responding to a domestic violence call in which he had been identified as a suspect — or that they had reasonable suspicion to think he was the suspect? Did police tell Belkadi he was being detained? If the situation was such that Belkadi was not obligated to give his ID, was he still obligated to follow the officer’s order to stand?
We appreciate that the Morgantown Police released body cam footage without being FOIAed. However, many of our questions (though admittedly not all) could be answered if the MPD released more of the video — specifically from when officers first approached Belkadi. We know at least one news organization has issued a Freedom of Information Act request for the other officers’ body cam footage. We hope that request is honored — promptly — and the complete footage from all officers’ cameras are released.
