Tales from Brick City Ep. 1—"Justice for the Rodwell/Spivey brothers"

In this episode of "Tales from Brick City," Public Square's engagement editor Esther Paul guides us through the legal implications and public outcry stemming from the Rodwell Spivey case. 

NEWARK, NJ—The matter involves a June 1, 2021 incident in Newark's South Ward in which four brothers engaged in a scuffle with undercover police officers outside their family home. In a departure from criminal investigation policies, Newark Public Safety Director Brian A. O'Hara announced the release of police bodycam footage days later to counter "false information" about the Rodwell Spivey arrests. James Stewart, President of the Newark Fraternal Order of Police, also described the incident as a "mob" attack on police officers who were "pummeled to the ground, kicked in the head, and choked," as they made the arrests. 

Initial media reports widely circulated this narrative. But family members and advocates say the only ones attacked that day were brothers Branden K. Rodwell, Justin Rodwell, Jaykil Rodwell, and Jasper Spivey, who were going about their day when police aggressively approached them.

Public Square interviewed Monique Rodwell, the mother of the four young men at the center of this case, and their attorney, Cynthia Hardaway. They say the arrests violated the brothers' 4th amendment rights and protections of the 2016 consent decree between Newark and the Department of Justice against unreasonable search and seizures. 

The family wants justice for these men, who face charges including obstruction of the administration of the law, resisting arrest, aggravated assault against a police officer, and hindering apprehension or prosecution. Most immediately, the family wants the release of son Justin Rodwell, who has been detained since June 1st. 

PODCAST TRANSCRIPT

Narrator: You're listening to "Tales from Brick City," a podcast about the communities of Newark and the experiences, challenges, and solutions that define us and our city. From history to arts and culture, to present struggles for equity and justice, and the celebration of time-honored traditions, we explore lesser-known stories and the role of civics in shaping our own narratives as engaged citizens with the power to impact and transform our surroundings and circumstances. 

Welcome. I'm your host, Esther Paul. In this first edition, "The Rodwell Spivey Case," we revisit a June 1st incident in which four brothers are seen on police bodycam footage in a scuffle with undercover officers. Initial media reports framed the encounter as a "mob" attack on police doing their job. But family members and advocates say the only ones attacked that day were brothers Branden K. Rodwell, 31, Justin Rodwell, 30, Jaykil Rodwell, 28, and Jasper Spivey, 24, who were on their block, going about their day, when police aggressively approached them. The family wants justice for these men, who face charges including obstruction of the administration of the law, resisting arrest, aggravated assault against a police officer, and hindering apprehension or prosecution. Most immediately, the family wants the release of son Justin Rodwell, who's been detained since June 1st.  

Monique Rodwell : My son said they were standing there minding their business. On the police video, you can see that they were standing there, minding their business. // The thing where they said they got attacked soon as they got out their car, we did not see that on their video. The thing where they said that a mob attacked them, we did not see that. Only mob you see were the police. 

Narrator: That's Monique Rodwell, the mom seeking justice for her sons. Public Square sat down with Ms. Rodwell and attorney Cynthia Hardaway for their take on the case and where things stand now. 

Ms. Hardaway: The fact of the matter is, if you are the police, and you're a trained officer, and you approach citizens, you're supposed to say 'Hey, we're the police, stop. We're trying to investigate whatever we're trying to investigate.' And then you can ask your questions, and then the citizen can decide whether or not they want to cooperate with you. That's the way it's supposed to work. And if it's going to work for some it should work for all.

***

Narrator: As she approached her home that day, Monique Rodwell saw her block swarming with police and her son Branden standing handcuffed and barefoot across the street from her house. She quizzed officers, trying to get a sense of what happened, and says she even offered them access to her home if needed—an invitation that officers declined.  

Ms. Rodwell: I wanted to know what was going on. They said // they locking them up 'cause somebody had a gun//, where's the gun? They didn't find no gun. Okay. 

Ms. Hardaway: When the President of the FOP made the initial statement to the media, his statement said that not only did the Rodwell Spivey brothers incite a mob to attack the police, but they broke police officer cameras as well. 

So when the citizens start uploading the footage on social media of Branden Rodwell getting slammed to his face, that's when the police came up with their body cam video. And they published that to try to counter the fact that there was a controversy as to how they treated Branden, and people were saying that the officers just came down, you know, without any reason to stop the other two brothers, and they just jumped out of their cars. Nobody knew what was going on. 

Ms. Rodwell: First thing I saw was a video of my son being slammed on his head, that my neighbor had. And I'm like, 'Oh my God, this is not what the police told me.' They told me that somebody called and they were attacked. But when I watched the video, I see my son being attacked and being slammed on his head.

Ms. Hardaway: It just really was a situation that could have been handled entirely different. The police officers didn't allow this—or law enforcement, whoever decided that it was okay to load this video—they did not allow us the opportunity to let this play out in the courtroom, where everybody could see what was going on. 

They spun a narrative on this video that made our clients look like they were a mob. They were the instigators of this, they were out of control. And they just attacked police officers. 

AUDIO: Police Video Shows Cops Were Attacked at Fabyan Place and Cypress Street at Fabyan Place and Cypress Street Tuesday — Newark NJ Department of Public Safety (June 4, 2021)

Ms. Rodwell: I look at a video that they put up, and I'm like, okay, my sons standing there, twirling their hair. They buying something they wasn't doing anything. Then I see my son getting pushed forward. Somebody actually jumped out the car and snatched something and pushed them. And then I hear my other son like, 'What is ya'll doing? Y'all can't do this.'  

And then I had my other son yelling, 'This is wrong. Somebody record. Make sure y'all record.' 

AUDIO: Police Video Shows Cops Were Attacked at Fabyan Place and Cypress Street at Fabyan Place and Cypress Street Tuesday

 Ms. Rodwell: Something's not right. You want them to record so that means you're not doing nothing wrong. Nobody ran. Y'all ran when y'all got assaulted and got beat up on, then ya'll got scared. 

Ms. Hardaway: The younger brothers who left the scene before they turn themselves in, they made a video because they wanted to tell their side of the story, before all the rumors got out, or they wanted to explain themselves. Then they turned themselves in the next morning because as Ms. Rodwell said, the whole thing about the guns, supposedly, this gun is somewhere, and that puts them in a dangerous predicament. 

 The older brothers who had intervened, they pretty much stood their ground, because one they were concerned about their younger brothers. And you could hear one of the brothers, my client, Justin Rodwell will say, you know, actually, you could hear Branden Rodwell say to the video to take me to don't bother my brothers. Lock me up, leave my brothers alone. 

Ms. Rodwell: The footage that they put out actually goes with the statement that my sons put out before they turned themselves in. My son said they were standing there minding their business. On the police video, you can see that they were standing there, minding their business.

Ms. Hardaway: As I've been speaking about this more and more, I understand that this is something that happens all the time: that private citizens walk in the streets minding their own business, especially in these types of low-income neighborhoods, they're subject to this type of treatment but we're fortunate enough to have it on video, so that the world can see — and we kind of thank the officers in a way.

We're thankful that they put the first part of the video out, so that you can see like Miss Rodwell said her son Justin was just standing there. He was twisting a dread like he was just it was just totally innocent, regular behavior. And you see Jaykil, the one that got, you know, yoked up, you see him just standing there confused. Nobody had a clue what was going on. It was 1:30 in the afternoon, right in front of you know, Miss Rodwell's family home. So no, nobody was doing anything.  

And that touches upon our basic rights under the Fourth Amendment of the United States Constitution, New Jersey Constitution, and it impacts the consent decree that the city of Newark entered into with the federal government to try to stop these types of things happening. And here it is happening right on videotape. And even the mayor of the city came out and did a statement saying that what the police officers under the president of the FOP, what they were saying was not true.

Ms. Rodwell: The thing where they said they got attacked soon as they got out their car, we did not see that on their video. The thing where they said that a mob attacked them, we did not see that. Only mob you see were the police. They came as a mob. Where they said people smashed their cameras and took, pulled them to the ground and smashed all their cameras, we did not see nobody snatching no cameras. 

Ms. Hardaway: The brothers were reacting to an action of the police officers that was unwarranted, aggressive, and unfortunately for us, we have a hard job trying to counter this false narrative that has been put out in mainstream media.  

One thing for sure, is that the initial police report says that the reason these officers who were wearing civilian attire, in unmarked cars, the report says the reason that Jaykil Rodwell was detained was because he was wearing dreads and a white t-shirt and a fanny pack. It says that in black and white. We can only go by what we know of. And we know of this, we know that this was written as a reason for stopping him in the first place that he had dreads, he wore a white t-shirt he had on a fanny pack and he is Black. That is not enough for reasonable suspicion under our laws. If anybody would care to look at Terry v. Ohio, it spells it right out. It says that you have to have a reasonable articulable suspicion to detain an individual and that suspicion has to be directed towards some type of criminal activity. There was no criminal activity in terms of the way Jaykil Rodwell looked that day.

From a lawyer's perspective, that is the injustice that was perpetrated upon these individuals. You have a right to be protected as private citizens on the public streets. And according to the initial police report, according to the video that we see, Jaykil Rodwell was not afforded that right, that we all have. And as a result, it looked to his brothers, that he was being accosted by individuals who may or may not be police.

The fact of the matter is, if you are the police, and you're a trained officer, and you approach citizens, you're supposed to say 'Hey, we're the police, stop. We're trying to investigate whatever we're trying to investigate.' And then you can ask your questions, and then the citizen can decide whether or not they want to cooperate with you. That's the way it's supposed to work. And if it's going to work for some it should work for all.

MS Rodwell: I thank God that they didn't get shot that nothing, you know, nobody really got hurt. But at the same token that they got the freedom took from them. My son, Justin still locked up. His daughter crying every day at the house, 'Where's my father at? I thought he was coming home.' 

Ms. Hardaway: I spoke to Justin today. I mean, you know, he's hanging in there. And he's in a situation where it's beyond his control. We're trying everything to get him out. He was detained. Despite the recommendation that he be released, the judge overruled the recommendation and detained him. So, we're appealing that. It's in the appellate process. 

But I feel that from my experience in practicing law for over 20, some odd years, that oftentimes, we cannot rely on the judicial system to give us the type of justice that we believe that we're entitled to, especially under circumstances such as these.

What this case brings into play is a more subtle type of dehumanization, that didn't result in death, but nevertheless, is important and should be protested and spoken about, in the media and the powers that be should pay attention to this because if you talk about these situations from the outset, you can, I think, avoid some of the other more tragic results that can occur as a result of aggressive police interaction. 

Narrator: Special thanks to Ms. Rodwell and Ms. Hardaway for taking the time to speak with us. We'll continue to follow the Rodwell Spivey case and bring you the latest reporting on Public Square.

We also thank you for joining us.

Keep in mind, implications for us as citizens of Newark include the following: our response and available recourses when subjected to police racial profiling and excessive force, our protections under the 4th Amendment and the New Jersey constitution against unreasonable search and seizures by the government, plus, how we can support the empowerment of Newark's Civilian Complaint Review Board. 

Also, five years ago, the U.S. Department of Justice reached a comprehensive settlement with the City of Newark to compel thorough reforms and changes to the Newark Police Department. The consent decree followed 2014 DOJ findings of NPD officer's engagement in law enforcement practices—such as unconstitutional stops, searches, excessive force—with a disproportionate, harmful impact on people of color in Newark. It ensured NPD reforms, including improved officer training, revised search and seizure policies, and the deployment of in-car and body-worn cameras. In 2016, the city also established Newark's CCRB.

In 2020 the New Jersey Supreme Court overturned an appellate court decision supporting a Newark City ordinance that gave the CCRB subpoena power and access to Internal Affairs investigative documents. The decision crippled the CCRB's ability to conduct independent investigations of police misconduct complaints, review the Newark Police Division's Internal Affairs Unit's investigations of police misconduct, and issue discipline recommendations to the City Public Safety Director. These vested powers would give the Board a greater say in matters such as the Rodwell Spivey case.

In January of this year, Newark appealed the case to the Supreme Court who'll decide whether or not to restore the authority of Newark's Civilian Complaint Review Board. 

Until next time, this is your host Esther, signing off. On behalf of everyone here at Public Square, thanks for checking out the "Tales from Brick City" podcast.

 Music:

 “Letter to Summer” by Audiobinger is licensed under Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)

 “Suspects” by Marcos H. Bolanos is licensed under Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)

“Drenched with Sorrow” by Audiobinger is licensed under Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)

Video: Police Video Shows Cops Were Attacked at Fabyan Place and Cypress Street at Fabyan Place and Cypress Street Tuesday
Newark NJ Department of Public Safety  (June 4, 2021)

Produced by Cassandra Etienne