RICHMOND, Va -- A police incident report revealed some new details about an alleged assault that occurred at Chippenham Hospital that led to the arrest of Charles Byers, a man who was ordered mental health treatment by the court and later shot and killed by Chesterfield Police.
A hospital spokesperson confirmed Byers was at Chippenham, located in Richmond, under a temporary detention order (TDO) which was served by Chesterfield Police on July 6. But that very same day, Byers was removed from the hospital.
Court records showed Richmond Police arrested Byers for allegedly assaulting a healthcare worker. Then, Byers was taken to the city jail to be processed and released, according to the Richmond Sheriff's Office.
Byers went before a magistrate, who decided to release Byers back into the public on his own recognizance, meaning Byers had agreed to appear in the court and the magistrate determined Byers met the qualifications to be released.
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The magistrate wrote that the law enforcement officer noted Byers was "cooperative" and "polite" following initial contact.
So, what happened at Chippenham Hospital that caused Byers to be charged and released while under a TDO? Neither the hospital nor Richmond Police have shared that information.
READ MORE: Richmond Police Incident/Investigation Report
So, CBS 6 submitted a request for records under the Freedom of Information Act (FOIA) and obtained a police incident report from Richmond Police.
According to the report, the alleged assault did not involve any weapons, rather "hands, feet, fists."
The report also stated that the alleged victim suffered no injuries.
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The narrative on the report provided to CBS 6 by RPD lacked detail, only stating, "Victim was assaulted while working in his official capacity at the listed location."
However, a more detailed officer narrative does exist on a separate page, but Sharon Carr with RPD's Office of Legal Affairs said the department chose to withhold that page in its entirety because its release would "constitute an unwarranted invasion of personal privacy."
RPD also withheld another page of the report containing "suspect identifying information" for the same reason.
“There are so many opportunities for law enforcement... to keep records confidential," said FOIA expert Megan Rhyne with the Virginia Coalition for Open Government.
Rhyne said new state laws passed last year, aimed at protecting victims' privacy, made it easier for police and prosecutors to keep their investigative documents from public view, creating exemptions in which police could "shoehorn anything into."
She added that FOIA policy states exemptions should be considered narrowly by government and that on the federal level, deceased people actually do not have privacy rights under public records laws.
"Law enforcement, police, and prosecutors have authority to restrict our freedom. They can be justified in taking our life, and that comes with a great responsibility to let people understand what you're doing, how you're doing it, how you're spending their money, how you're using your authority, whether you're being fair," Rhyne said.
CBS 6 asked Carr for clarification on whose privacy is being protected and why the department is unable to release even a generic description of the alleged assault, and Carr declined to elaborate further.
"It is my opinion that the Department is under no further obligation to provide you with any additional information," Carr said after reiterating the department had already complied with FOIA law by identifying the applicable exemptions and the subject matter of the pages being withheld.
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A spokesperson for HCA, Chippenham's operator, has not answered CBS 6's follow-up questions about the alleged assault and the hospital's procedures.
A spokesperson for the court system previously told CBS 6 that magistrates only consider information provided by police and the defendant when making determinations on a defendant's release.
CBS 6 asked Richmond Police if the officer told the magistrate about Byers' TDO, and we are still waiting on a response.
Byers was shot and killed by Chesterfield Police on July 8, more than 24 hours after being released on his own recognizance, after allegedly breaking into homes and refusing to drop a hatchet when confronted by officers, according to police.
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