MPD backs officers' actions, not arrest

MOBILE, Ala. - Antonio Love was not feeling well Friday, July 24, 2009. He made his way to the bathroom in the Dollar General Store on Azalea Road. A store employee noticed the Love had been in the bathroom for an hour, and called the police. What happened after that received national attention and an internal investigation.

According to a report released Wednesday, August 12, 2009, Mobile police officers arrived at the store the and tried to make contact with the unknown man for 50 minutes finally using pepper spray under the door.

The report continued, “When all attempts to get the unknown man to come out of the bathroom failed, the officers forced open the bathroom door and were met with stern resistance as the unknown man forced the door shut. During a second attempt to force the door open a Taser was deployed to overcome the resistance of the unknown man. The officers were then able to take the man into custody.”

Police then identified the man as 37-year-old Antonio Love and discovered he was unable to communicate due to a hearing and speech impairment and appeared to have a diminished mental capacity.

The Mobile Police Department Internal Affairs Unit investigated the encounter, gathering evidence and the family’s formal complaint. They found the officers’ use of force to gain entry and overcome the resistance of Antonio Love after exhausting all other reasonable means of removing him from the restroom was consistent with Department policy and procedure.

During a Wednesday morning news conference, Mobile Police Chief Phillip Garrett said, "I'm sorry that this happened. We take responsibility for our part, not speaking on the issue of why he was left alone at a store."

Chief Garrett said Officers tried to communicate with Love from behind a closed door. Those officers were Supervisor Lieutenant Kevin Rodgers, Officer Harry Milbrath, Officer Bryan Mims, Officer Carlos Walton, and Officer Joe Cotner.

"Officers could see feet under the door and when they pushed on the door he pushed back. Love could see their uniforms when the door cracked open a bit," said Garrett.

Chief Garrett holds Lt. Rodgers responsible for making the decision to cart Love to Metro Jail.

"The other officers were just following his orders. There were alternatives, other than taking him to jail. Make sure he is okay and take him home. Talk to a family member, and leave him there. That would have been my preference," said Garrett.

Instead, Chief Garrett said Love was dropped off in the apartment complex where he was living.

Lt. Rodgers has been around for fourteen years. He is on administrative duties, pending a trial board hearing. Lt. Rodgers could face termination, depending on the outcome. Garrett said Officer Joe Cotner was the one who used his Taser.

Meantime, Mobile Police have made their policy stronger when it comes to dealing with the disabled. Certified interpreters have been hired, that can be called on at anytime for any situation.

"My goal is to meet the needs of every citizen, every time," said Chief Garrett.

No other disciplinary action is pending.

Love's family referred all questions to their attorney, Thomas James. James' firm is based in Birmingham. You can read James' response to the case by clicking here.