Judge delays decision; order remains in place on limiting CMPD crowd-control tactics

CHARLOTTE — Lawyers were back in court on Thursday, arguing whether or not to continue limiting how the Charlotte-Mecklenburg Police Department handles large groups of protesters.

The judge for Thursday’s hearing was different than the one who signed the original temporary order.

Channel 9 reported last month that a judge placed a temporary restraining order on CMPD being able to use chemical agents like tear gas on peaceful protesters, except when it’s used to stop looting. That order has run out.

The judge not make a decision Thursday, so the temporary restraining order stays in place, for now.

It all stems from an incident in June where protesters said they were cornered by officers who then fired off tear gas at them. The debate follows several civil rights groups suing the city of Charlotte and the police department over what happened that night, which was captured on video.

“As we now know, we’re here to protect the constitutional rights of the plaintiffs,” attorney Alex Heroy said.

Video appears to show protesters trapped between CMPD officers, tear gas set off Video appears to show protesters trapped between CMPD officers, tear gas set off

That footage shows officers appearing to corner protesters on 4th Street in uptown, then using pepper bullets and tear gas on them.

The SBI report from that night said protesters threw things at officers. Minutes later, officers told the protesters to leave and shortly after that order, they started using chemical agents.

On Thursday, CMPD’S attorney, Jessica Battle, reiterated the findings from the SBI report and the department is trying to identify and arrest those responsible.

A judge signed a temporary order after the incident banning officers from using chemical agents like tear gas and pepper bullets to break up crowds of protesters, but police can use them if they need to stop looting.

In response, Charlotte City Council voted to ban CMPD from buying chemical agents for crowd control for one year. Councilman Braxton Winston also called for an oversight committee to analyze police spending and policies.

Return to this story for updates.

Judge clears air about order restraining CMPD's use of chemical agents Judge clears air about order restraining CMPD's use of chemical agents

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