CHESTERFIELD COUNTY, Va. — Eight months after a Chesterfield County Police officer shot and killed a man who suffered a mental health crisis, Charles Byers, the department is rejecting open records requests for information about the incident and attempting to block video evidence of the shooting from entering a courtroom.
According to court filings in a civil case stemming from the alleged wrongful death of Byers, Chesterfield Police is trying to prevent the release of:
- 12 officer-worn body camera video files
- 764 photographs and videos
- Incident report with 26 witness interviews and police statements
- Recorded officer interviews
- 911 call
- Other evidentiary and investigative data
While Chesterfield Police Chief Jeffrey Katz said releasing evidence would invite interference in ongoing investigations, Byers' family said they're tired of waiting to find out what happened to their son.
“It's really difficult, and it's hard to believe that it was 256 days ago," said Byers' father Michael Byers on Wednesday, standing in the spot where his son died.
“I feel like we're standing very near where it happened, if not on the exact spot, and I just keep looking at the ground knowing that that's where he was killed, and it just breaks my heart," said his mother Peggy Byers.
On July 8, 2023, Chesterfield Police said a neighbor called 911 to report that Byers tried breaking into homes on Wycliff Court, less than half a mile from his house.
Two officers responded and said they found Byers with a hatchet. When he did not comply with orders to drop it, the family said an officer fired six gunshots into Byers. He died at the scene.
“He was mentally ill in the wrong place at the wrong time. He didn't get the treatment that any human being should get by our medical system and our legal system," Michael Byers said.
As CBS 6 has previously reported, at the time of Byers' death, he was under an active court order to receive mental health treatment at HCA Chippenham's psychiatric unit Tucker Pavilion.
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Byers was suffering from an episode of schizoaffective disorder and his behavior was documented in medical records as confused, delusional, agitated, and non-responsive. Upon evaluation by a mental health professional, Byers was placed under a temporary detention order (TDO) due to being incapable of caring for himself.
Within just three hours of being admitted to Tucker Pavilion, Byers was removed and arrested from the facility by Richmond Police after he refused to get on an elevator and allegedly kicked a nurse, despite his TDO which is supposed to remain effective for up to 72 hours.
An investigation initiated by the Centers for Medicare and Medicaid Services found Chippenham Hospital failed to protect Byers' patient rights and did not provide a safe environment for him to receive high-quality care.
Byers was taken to the Richmond City Jail for an assault charge and released by a Richmond magistrate 36 hours before his encounter with Chesterfield Police.
“In that hospital, there was nobody there to advocate for him. There was nobody. It’s supposed to be a safe place," Michael Byers said.
IN-DEPTH: Video reveals what happened to Charles Byers in mental hospital before he was killed by police
The family has filed a $35 million lawsuit against HCA Healthcare and Richmond Police, alleging their negligence caused Byers to die.
The defendants have filed a motion to dismiss the lawsuit, claiming they could not foresee the events that transpired following Byers' removal from the hospital and that they had "no control" over what happened between Byers and Chesterfield Police.
The Richmond Police officer, who arrested Byers at the hospital and is named as a defendant in the lawsuit, subpoenaed Chesterfield Police's body camera footage of the shooting along with other investigative files. His attorney Mark Nanavati said it's "crucial" to his defense and "clearly relevant" to determine a "proximate cause analysis."
But Chesterfield County and Chief Jeffrey Katz filed a motion to quash the subpoena. They argued the records are "not important" to the pending litigation because it's obvious that Byers died while under a TDO, so any files that detail his behavior prior to his death, such as the 911 call, are irrelevant.
The county claimed portions of the investigative files are not even factual and suggested that the defendants could seek out some of the information themselves, such as interviewing neighbors who may have witnessed the shooting.
Chief Katz is requesting to invoke "law enforcement privilege" to "protect the integrity" of ongoing criminal and administrative internal investigations. He added that his officers haven't seen the footage yet and newly elected Commonwealth's Attorney Erin Barr has still not made a decision on whether to prosecute the officers involved.
"I do not want the integrity of the investigative process to be jeopardized because information, opinions, videos, witness information, or witness statements have been leaked or shared outside CCPD," Katz wrote in his affidavit.
In response to Chesterfield's motion to quash, Nanavati picked apart Chief Katz's claim of "law enforcement privilege," arguing the privilege does not apply to factual material.
Nanavati also emphasized that even though Chief Katz said investigations "of something" remain ongoing, "it has been 8 months since the incident without any reported charges – criminal or internal."
"[T]he clearest, best evidence of the events is presumably on the body-cam videotapes of the officers involved," Nanavati wrote.
According to emails in the court filings, the Richmond Police officer first attempted to obtain the Chesterfield records under the Freedom of Information Act (FOIA). But Chesterfield Police denied that request and suggested the only way to get it was "with a subpoena."
Chesterfield Police also denied CBS 6's FOIA request for the body camera footage, citing the ongoing investigations.
“I just don’t understand what’s taking so long," Peggy Byers said. "My son is dead, and I want answers. We all want answers."
“Why are they dragging their heels? Why won't they be transparent?” Michael Byers said.
The family said they're concerned with Chesterfield Police's timeline on the investigation, and the withholding of information is preventing them from getting closure.
“I think we have a right to know. We deserve to know. Charlie was our son, and he's gone forever," Peggy Byers said.
Earlier this month, a spokesperson for Chesterfield Commonwealth's Attorney Erin Barr said a prosecutorial decision would be coming "in the near future."
CBS 6 followed up this week to ask for an update and has not received a response.
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