Slur claims raised Beach police chief's hackles, files show

VIRGINIA BEACH

Claims that his police officers used racial slurs while on duty angered police Chief A.M. "Jake" Jacocks Jr., spawning one the most contentious periods in his more than eight years of leading the force.

Jacocks became angry and defensive after a lawsuit filed last year accused police of repeatedly using epithets when referring to blacks, according to e-mails and other messages obtained recently through the Freedom of Information Act.

The police chief seemed especially upset by a lawsuit filed against the department by Hammerheads nightclub. The messages suggest that while Jacocks disputed the claims, he took them seriously enough to initiate a department wide investigation.

"With all the prejudice and discrimination that unfortunately still occurs in our country and needs to be addressed, 'playing the race card' without just cause has always irritated me," Jacocks wrote to a note from Oral Lambert, the city's former chief operating officer.

"This instance, where it is being played for purely financial gain, and by a Caucasian, has pushed me to anger. Of course, our officer's revelation that he and others have used racial slurs in the workplace sent me over the edge."

The response came a day after Jacocks testified at the civil rights lawsuit trial brought by the Hammerheads nightclub against the city.

In December, a federal judge dismissed all claims made by Hammerheads.

On the witness stand in the Hammerheads case, Jacocks maintained that the use of derogatory terms was not widespread. He said he wasn't aware of previous complaints about the use of racial slurs by his officers.

According to department memorandums, 34 complaints of bias-based profiling by Beach police have been made since 2005, including six in 2008. In at least three cases, an officer was alleged to have made derogatory comments and/or racial remarks during an arrest or traffic stop.

All complaints were investigated, and none was sustained, according to city documents.

As the city's top cop, Jacocks is considered a professional who has taken pride in his department's accomplishments while shouldering blame for incidents that might cast his roughly 810 sworn officers in a negative light.

Such was the case in August 2008 when Officer Steven Kennedy, in a video deposition in federal court, acknowledged that he and other Beach police officers had used racial slurs when referring to blacks.

"When you're in a position and you're doing what you know is the right thing and you have people who are critical, it can get discouraging," said Lambert, who now runs Bay Creek Resort and Club in Cape Charles. "I tried to encourage him to stick to his principles. If you're going to characterize Jake, he has the right stuff."

In his first public statement after the officer's court testimony, Jacocks expressed his disappointment and promised to continue efforts to maintain an environment free from any indication of bias. By then, he'd already ordered an investigation to determine who might have used the words.

The investigation isn't over yet, and Jacocks has declined further comment, saying related cases in Circuit Court at two other Beach nightclubs, Chicho's and Crazy Charlie's, are pending.

Jacocks, 56, has been involved in Beach law enforcement since 1971, when he served as a civilian precinct desk officer. Over the next 29 years, he rose through the ranks, serving assignments in the detective bureau, special operations and professional standards before being appointed chief in 2000.

"I have never seen him, as you say, 'over the edge,' " said Lt. J.W. "Max" Hayden, the chief's executive aide for seven years. "Upset, yes, but in control always. While the allegations like the use of racial slurs embarrass and disappoint him, he remains on task and committed to ensuring that whatever may be broke is fixed."

Critics claim Beach officers using derogatory language to minorities is not isolated. To bridge mistrust between police and segments of the city, the department should admit mistakes, said John Bailey, a community activist.

"I should publicly applaud the Virginia Beach chief of police for taking immediate action to resolve the matter," he said. "But I find that hard because he did not say that steps would be taken to see how pervasive the problem was and resolve it."

Results of the Police Department's internal investigation will not be made public, according to a spokesman. That has upset Tom Palumbo, a member of the Hampton Roads Peace and Justice Coalition.

"The long-standing, all-white, city administration has essentially ignored the issue," he said.

 Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com