News

Jan 27, 2024

Local law enforcement has stockpile of military surplus

After the shooting of an unarmed young man two weeks ago in Ferguson, Mo.,

After the shooting of an unarmed young man two weeks ago in Ferguson, Mo., jarring images showed protesters and rioters facing police equipped with military-style weaponry.

Those visuals were made possible at least in part by the Defense Department's 1033 program, which distributes surplus military equipment to police departments across the nation – including in Hampton Roads.

The transfer of weapons, armored vehicles and other materials has led several federal lawmakers, including some in Hampton Roads, to ask for congressional hearings or reviews to explain just what is being given out and how local authorities are using it.

On Saturday, President Barack Obama called for a review of the program, according to senior officials.

Operated by the Pentagon's Defense Logistics Agency, the program allows eligible local agencies to request equipment from a list of surplus materials ranging from weaponry to vehicles and office equipment to cots.

Ferguson city police received two Humvees and a generator and all of St. Louis County, which includes Ferguson, was given pistols, a dozen rifles, three helicopters, five more Humvees and other equipment, thanks to the program. In Hampton Roads, the stockpile includes 110 M16 rifles in the hands of Hampton police, eight 12-gauge shotguns obtained by Old Dominion University police, and a mine-resistant, ambush-protected vehicle now owned by Virginia Beach police, according to a Pentagon database provided to The Virginian-Pilot by the Virginia State Police.

Beginning in 2004, southeastern Virginia law enforcement agencies have obtained numerous trucks, all-terrain vehicles, gun sights, inflatable boats and more than 400 military assault rifles. Local departments also collected cameras, printers and office equipment from the Pentagon.

Across Virginia, the program has sent 1,760 assault rifles and 116 12-gauge shotguns to local and state agencies, according to Department of Defense records. In addition to Virginia Beach's mine-resistant vehicle, known as an MRAP, 15 other cities and counties, including York County and Franklin, took delivery of the armored vehicles, according to the records.

Officers at several Hampton Roads police agencies said they need to be prepared for riots and people armed with assault weapons. Several pointed to incidents in Hampton Roads and elsewhere where police were not able to match the firepower of assailants.

But some federal legislators, including U.S. Rep. Bobby Scott and U.S. Sen. Tim Kaine of Virginia, say that program needs to be examined in the wake of Ferguson.

Scott, a Newport News Democrat, and two other House members are asking for a House Judiciary Committee hearing to examine police procedures, particularly in minority communities, and the "extensive militarization of state and local police."

U.S. Sen. Claire McCaskill, a Missouri Democrat, said Thursday that she's organizing a Senate hearing in September to focus on the 1033 program.

Kaine, a Democrat, said Friday he supports the hearings and wants the program reviewed this fall, before the 2015 defense spending bill is drafted.

"The increased use of military grade weapons by local police forces in our country concerns me a great deal," Kaine said in a statement. "I am a big supporter of law enforcement… and people who want to peacefully and safely protest their grievances – all the more reason why we need to get a better handle on how and when these weapons are being used."

Police departments in Hampton Roads offered the same broad justification when asked about the military equipment in their possession: They need to be prepared to react to any situation.

Virginia Beach police Chief Jim Cervera said the MRAP the department acquired in May will be used for natural disasters, such as hurricanes. It can transport officers into areas of the city that flood quickly, he said.

The vehicle also will be used in certain special operations – such as a hostage barricade situation where a person with a high-powered weapon may be firing at officers, he said.

It will be painted dark blue, Cervera said. "I don't want it to look like a military vehicle."

At Old Dominion University, campus police under a previous chief received eight 12-gauge shotguns and eight M16s from the Defense Department said Giovanna Genard, a spokeswoman for the university.

Genard said five of the M16s have been transferred to another police agency. The remaining weapons would be used "in the defense of the community or law enforcement personnel in the event of certain felony offenses," she said.

The Pentagon also passed along to university police surplus body armor, self-protection shields, tactical batons, elbow shooter pads, knee guards and metal detectors, according to the federal database.

Campus police at the College of William & Mary asked for and received four fully automatic M16s in 2008.

"They are not in use," university spokeswoman Suzanne Seurattan said in an email. "In fact, the M16s have never been issued to our shifts, nor do we anticipate the need to do so."

The Chesapeake Sheriff's Department was given 20 M16s from the program in 2006 under then-Sheriff John Newhart. The guns are locked up and have never been used because they have never been converted from fully automatic weapons to semiautomatic, said Lt. Col. David Hackworth.

"We are not trying to militarize our department," Hackworth said. "But you have to be prepared for anything."

Chesapeake police Chief Kelvin Wright said his department received some M16s in the 1990s but has returned all but one of them. None were ever used, he said.

Newport News police received 75 M16 rifles from the military. Each is assigned to a specific officer, and they are used by police in tactical units and precincts, said department spokesman Lou Thurston.

"If we are going to protect lives and property, we can't be outgunned," Thurston said.

Marc Schuster, public information officer for Virginia Beach Sheriff's Department, said the bottom line for police is that they don't know what kind of firepower they may be up against on any given day.

Several officers pointed to local incidents – the 1989 riots at the Virginia Beach Oceanfront and the 2009 shooting of a Chesapeake officer by a man with a semiautomatic AK-47 on Interstate 64 – as examples of where police need to have access to high-powered rifles and military gear.

"The first people able to respond to most incidents are local police. In my opinion, the federal government recognized this and tried to make available more operational resources," Schuster said. "If we had a riot in the city, what would the expectation be of us?"

Citizens expect police to be able to respond effectively, he said. "It's not a military mentality – we get a call and we respond."

Rep. Scott said he's not suggesting that military surplus equipment no longer be given to police, but he argues there needs to be a hard look at the kinds of hardware distributed and the ways police use it in volatile situations.

"There may be some instances where a military-style operation is appropriate. That's why you have hearings to bring this out," Scott said.

"There is a difference in law between military and policing," said Scott, whose district includes parts of Norfolk, Newport News and Hampton. "You don't want military forces trying to do civilian police work. That's because the military is trained to kill people. Police are trained to try to maintain order."

When told about the types of equipment provided to Hampton Roads agencies, Scott said he wants be sure its distribution is limited.

"An M16 would be borderline depending on number. You don't want all the police running around with M16s. Maybe a handful for SWAT-type situations. You may need to take a long-range shot," Scott said.

U.S. Rep. Scott Rigell said he supports the Pentagon program and wants officers to have the gear needed for extreme situations – but he also wants to be assured such equipment is locked up and properly controlled. The Virginia Beach Republican said the improper public display of military hardware by police can send the wrong message.

Rigell said he wants to know there's a multistep protocol in place so "it's not just one person's decision to roll that [MRAP] into the streets of Virginia Beach or Norfolk or anywhere else."

Rear Adm. John Kirby, the Pentagon's chief spokesman, defended the program in a briefing last week, noting it has Congress’ support.

"This is excess equipment the taxpayers have paid for and we’re not using anymore," Kirby said. "We’re not militarizing law enforcement; we’re not pushing things out. It's a process by which this equipment is available, should they deem that they need it and they want it."

Defense officials must approve each request and require that the materials eventually be returned to the military, Kirby said.

The logistics agency does "spot checks" to make sure local agencies are properly storing the equipment, but the Pentagon does not dictate how they can use the gear.

"That's up to the local government," he said.

Kirby is worried that the presence of the military equipment in Ferguson could be sparking a backlash against a program created for a good purpose.

"Let's be careful not to throw the baby out with the bath water here," Kirby said. "It's a congressionally mandated program, a program that has provided a good measure of support to not just law enforcement, but to citizens all over the country."

Pilot reporters Margaret Matray, Jon Davenport and Scott Daugherty contributed to this report.

Gary Harki, 757-446-2370, [email protected]

Bill Bartel, 757-446-2398, [email protected]

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