FBI Probes Officer’s Charge of Racism

The FBI is investigating whether a Chula Vista police officer violated the civil rights of a black off-duty CHP patrolman in a June 21 incident.

According to CHP Patrolman Robert L. Smith, 32, who filed a complaint with the Federal Bureau of Investigation, motorcycle officer Robert Davenport pulled his gun and kicked Smith to the ground during a traffic stop on Otay Lakes Road near Bonita Street.

Although Davenport and backup officers said nothing racial during the incident, Smith, a Bonita resident who works out of the San Diego California Highway Patrol office, says he was treated improperly because of his skin color.

“I can’t believe had I been another color I’d have been lying on the ground,” he said.

Chula Vista police Lt. Don Partch, who handled an internal investigation, said the department would be taking further action. But in accordance with regulations, he wouldn’t say what that action would be, and said that release of the information would be up to Police Chief William Winters.

The action “will be with relation to our officers,” he said.

FBI spokesman Ronald Orrantia said only that his agency was investigating.

About 2:30 p.m., Smith, a nine-year veteran who has been off the force since November with a knee injury but plans to rejoin, was traveling north on Otay Lakes Road, approaching the Bonita Street intersection, when Davenport’s motorcycle pulled behind him. According to police, Smith was traveling 67 m.p.h in a 40 m.p.h. zone.

Davenport flashed his lights, and Smith pulled into a parking lot. Smith got out of the car while Davenport was still in the motorcycle’s saddle, both sides in the issue agree.

Smith put his hands in the air, but Davenport, who was looking down, did not see him at first. When he saw Smith, Davenport ordered him back into the car twice, but Smith remained outside.

“He screamed at me in this hostile attitude,” Smith said. “I said, ‘I don’t have to.’ ”

Then, both sides say, Davenport ordered Smith to his knees, and Smith complied, but when he was told to lie down, Smith didn’t move.

“He said, “Lie down or I’m going to shoot you,’ ” Smith said. Partch said Davenport pushed Smith to the ground, but Smith said he was kicked, resulting in shoulder and back bruises.

When Davenport started to put on handcuffs, Smith told him he was a CHP officer. A backup officer went to the car and asked Smith’s daughter, who was there with her best friend, what Smith did for a living. She said he was an officer and gave his wallet to him.

Smith said when the officers realized his identity, they left the scene without giving him a ticket.

“It was uncalled for. I posed no threat to him,” Smith said. “I’m not trying to put down the Chula Vista Police Department, but he (Davenport) definitely had backup and had no need to kick me in the back. Race played a part in this situation.”

Partch said Smith was not cited at the scene, “due to the confusion.” He said that Davenport became alarmed when Smith raised his hands, a sign in Davenport’s mind that Smith was either a police officer or was used to being arrested. “It concerned Davenport. He thought, ‘Cop or crook,’ ” he said.

The Chula Vista Police Department has mailed Smith a speeding citation, Partch said.