JACKSONVILLE, Fla. – A Jacksonville woman, who was charged in connection with a violent encounter involving a Jacksonville police officer last week, said Tuesday that the incident was “uncalled for” and “not fair.”
Erika McGriff, 39, spoke publicly for the first time about the encounter, which was captured on both police body camera and bystander cellphone video. She was joined by renowned civil rights attorneys Ben Crump and Harry Daniels.
WATCH: Press play in the video player below to watch a replay of the news conference
Following the incident, McGriff is facing charges of battery on a law enforcement officer, resisting an officer with violence and operating a vehicle with a revoked license. The charges are all third-degree felonies, each punishable by up to five years in Florida State Prison.
Because of the pending charges, Crump said, McGriff could speak only briefly at the news conference.
She said that the day of the incident, she had gone to the IDEA charter school to pick up her daughter, who would typically walk home, because it was raining.
“I asked the principal what was the proper procedure when picking up the walkers whenever it was raining,” McGriff said. “He explained to me the procedures. I then went to pick up my daughter.”
McGriff said she was just trying to keep her daughter from getting drenched in the rain while walking home.
“That’s all,” she said. “Everything that happened -- that was just uncalled for, and it was not fair.”
According to the Jacksonville Sheriff’s Office, what happened was that a verbal confrontation between McGriff and JSO Officer Randy Holton turned physical as the officer attempted to arrest McGriff.
According to Crump, what happened was a clear case of excessive force by JSO.
“The type of force used on Erika McGriff -- the chokeholds, the hair grabbing, being punched with closed fists in the face, having a knee put on her neck -- should be reserved for armed and dangerous criminals who are a threat to the public and our safety,” Crump said. “But not for mothers who are doing their part to go pick up their daughter from school so she won’t get rained on.”
Crump, who is also representing William McNeil Jr. in a use-of-force lawsuit against JSO, called it a disturbing pattern.
“We are here in Jacksonville, Florida, once again in opposition to the Jacksonville Sheriff’s Office for what appears to be a pattern and practice of excessive use of force against Black motorists for minor traffic violations,” Crump said.
He later made a comment directed at Jacksonville Sheriff T.K. Waters.
“We want good policing. We don’t want you to protect and serve everybody else and assault and batter us. We just want equal justice under the law; nothing more, nothing less,” Crump said. “Sheriff Waters, we’re not asking for anything more than you would give to the white citizens here in Jacksonville. That’s all the Black community is asking for, nothing more.”
Crump said he and Daniels will be arguing to get the charges against McGriff -- and two women charged with Halo Law misdemeanor violations -- dropped.
“First things first, we want these women to not be convicted of these bogus charges,” Crump said. “Attorney Daniels and I are exploring every possible legal avenue to hold the Jacksonville Sheriff’s Office accountable, but more importantly, we don’t want to have to keep coming back to have Black people being brutalized and killed.”
News4JAX asked JSO for comment about the comments made in the news conference. A spokesperson sent this response:
“Due to anticipated litigation, we would be unable to comment further on this incident. We direct you to use comments and details from Sheriff Waters’ news briefing on Friday.”
The sheriff’s comments from that newser can be found below.
Videos capture violent arrest
Sheriff Waters said on Friday the incident began when McGriff, whose Florida driver’s license was revoked as a habitual traffic offender, parked her car in an intersection and left it running when she was out of the vehicle.
WATCH: Press play below for a replay of Sheriff Waters’ entire news conference (Warning: Body camera and cellphone video shown during news conference include disturbing content. Viewer discretion is advised.)
Officer Holton, who was serving at the school as part of the Safe Schools program, approached McGriff to address the situation with the car, and she walked away, denying it was her vehicle.
The body camera footage shows McGriff arguing with Holton, saying that she was a passenger in the car and that the driver was in the school.
Holton responds: “Listen, you can get a ticket or you can keep playing these games and go to jail. I’m going to give you one chance. You created the drama.”
The encounter continues to be confrontational, and Holton grips McGriff’s upper right arm, saying he is taking her to her car.
“Please don’t grab me. Don’t grab me,” McGriff says as Holton takes hold of her right wrist with his other hand and directs her toward the back passenger door of his marked JSO SUV. “Please don’t do this in front of my child, sir.”
McGriff tells Holton he’s embarrassing her daughter, and as he turns her to handcuff her hands behind her back, she begins yelling and cursing.
“You pull away from me again, you’re going to jail,” Holton says as McGriff continues screaming, drawing attention from bystanders.
Holton keeps trying to handcuff McGriff and then warns her: “I’m about to put you on the ground.”
McGriff yells that Holton is hurting her arm and bends forward, and then he whips her roughly to the ground in the street, which is wet from rain. The bystander’s cellphone video then shows Holton get behind McGriff and try to control her with a chokehold.
WATCH: Bystander cellphone video captures violent encounter (Note: News4JAX did not include the audio because it contains profanities)
When McGriff regains her footing, she takes a wild swing at Holton, who says, “Oh, you want to fight?” and swings back. The two continue grappling, and McGriff again ends up on the ground, and Holton grabs her by her hair.
At one point, he is able to get behind McGriff and wrap his arm under her chin in a headlock. She starts screaming that she can’t breathe, which incites the crowd.
“She violently resisted Officer Holton and eventually punched him repeatedly and bit him with such force that she left a bite impression on his forearm,” Waters said.
The bite impression can be clearly seen in the body camera video, and McGriff’s arms can be seen bleeding from apparent wounds suffered while scuffling on the ground with Holton.
Halo Law
As the encounter escalated, Holton and McGriff became surrounded by bystanders, some of whom were yelling obscenities at him. According to Waters, at least two of these individuals violated the state’s new Halo Law.
“JSO will not tolerate those who violate the law and victimize our officers or any member of our communities,” Waters said. “These jobs are tough enough without all of that.”
MORE | ‘They can be a threat’: Crime analyst explains how Halo law protects officers from potential danger
The Halo Law, which was enacted to improve first responder safety, took effect in January.
The law created a mandatory 25-foot safety zone surrounding law enforcement officers, firefighters and emergency medical workers, while they are performing their jobs.
The law requires the person to be given a verbal warning not to approach.
After the verbal warning, a person can be charged with a second-degree misdemeanor if they still come within 25 feet of the first responder with the intent to interfere, threaten or harass them.
“We want to make sure that we let folks know, as part of a public service announcement, that if you do this and you’re asked not to do it, you’re going to get arrested,” Waters said. “Because we’re going to review it.”
Waters said he wanted to be clear that the issue is those who harass, threaten or impede first responders. So anyone trying to help who is within 25 feet will not be charged.