Former Sergeant Hunter Foster has resigned from the Senatobia Police Department, according to statements from Senatobia Mayor Greg Graves to the Associated Press. Earlier this week, the Attorney General’s office put him in the clear, saying the use of force was justified when he and other officers responded to a shoplifting call.
That was when 22-year-old Latoya Ferrell was in the car with 20-year-old Vellesiya Wiley and Wiley’s 1-year-old son, Kohen on June 14. The two had allegedly stolen diapers and baby clothes, per an incident report from SPD.
Foster’s attorney said Ferrell, the driver of the vehicle, was attempting to kill officers and that Foster had to discharge his weapon.
"We are very sad for the loss of life," said attorney Martin Zummach in a statement. "The outcome of the investigation was not only expected, but it was overdue."
Van Turner, a civil rights attorney from Memphis representing Wiley's family, says shots were absolutely unnecessary and that officers shouldn't have put themselves in harm's way to begin with.
"Obviously it backed up, then it started coming forward," Turner said, discussing the incident. "At that particular time, the officers descend upon the car and create a human barrier, which was a tactical error."
"The Walmart policy says once an individual crosses the threshold, you leave them alone. You take the footage from video cameras, you get the car tags, and you follow up with them later because it's a simple misdemeanor, it's not a felony."
The body camera footage shows police already inside the Walmart when they were alerted by a store employee. They ran out to the parking lot where the two women and Wiley’s one-year old son were getting into the car.
The video shows Ferrell and Wiley were in the car before police reached them and that when they began to drive away, police surrounded the car.
The car moves forward toward officers and appears to turn left – officers step to the side. That’s when Foster fires directly into the passenger-side window, where Wiley had Kohen in her arms.
Attorney General Lynn Fitch hasn’t provided much explanation as to how her office determined the use of force was justified and how the video played into that.
But the Mississippi Legislative Black Caucus has been following this case and condemned the AG’s findings when they were released. The caucus’s chairman, Representative Kabir Karriem, says they’re gathering current and former law enforcement officers to review the footage.
"We're going to convene our meeting with law enforcement individuals, continue to look at the tape and do a deep dive," said Karriem. "Hopefully there's possibly some legislation that could be introduced to prevent another Kohen Wiley being shot and killed."
The caucus is also demanding transparency from the AG’s office and more information on what factors went into determining that the shooting itself was justified.
Foster's attorney said there could be a grand jury called to determine whether charges should be filed against the driver of the car. Meanwhile, Turner says they’re asking the Department of Justice to get involved and say that Wiley's family plans to file a civil suit as well.
SPD's interim chief, Angelica Maze, also resigned this week, per reporting from CNN. WREG Memphis reports that a new interim chief, LaMorris Hampton, was named on Friday.
The previous chief, Harold Vanderford, was ousted after records obtained by Mississippi Today showed he routinely used slurs and derogatory language in private texts. Records also showed that a complaint had been filed against Foster for using racially offensive language with a coworker just days before the shooting.
Civil rights attorney Ben Crump has also provided legal assistance to Wiley's family. He said that Foster's resignation doesn't count for much.
"Officer Foster’s resignation is hardly a step toward accountability, and it is certainly not justice," Crump said in a statement. "A badge cannot simply be turned in to escape responsibility for taking the life of an innocent 1-year-old baby."
"Kohen Wiley is never coming home to his mother, and no resignation can undo the devastating consequences of that officer’s actions."
