The

Erlich Law Office, PLLC

2111 Wilson Blvd
Suite 700
Arlington, VA 22201
www.erlichlawoffice.com

T: (703) 791-9087
F: (703) 722-8114

Mark Herring
Attorney General
Commonwealth of Virginia
202 North Ninth Street
Richmond, VA 23219


July 13, 2020

RE: Derrick Thompson
Unconstitutional Police Violence

Attorney General Herring:

On April 20, 2019, Trooper Charles Hewitt (“Hewitt”) of the Virginia State Police
unconstitutionally assaulted Derrick Thompson (“Mr. Thompson”) and, along with Hewitt’s
fellow Troopers, conducted an illegal search of Mr. Thompson’s vehicle. This office
represents Mr. Thompson in his claims against Hewitt and the other Troopers present.

I. Facts

On April 20, 2019, a Virginia State Trooper stopped Mr. Thompson’s vehicle. The
Trooper alleged Mr. Thompson’s inspection sticker was expired and that she detected an
odor of marijuana. She announced her intent to search his vehicle. Mr. Thompson did not
consent to the search, and the Trooper returned to her patrol vehicle to call for back-up.
Fearful of police violence and alone in his vehicle, Mr. Thompson, placed his cell phone on
his dashboard to film the interaction.

Approximately ten minutes later, two additional Virginia State Troopers arrived. Mr.
Thompson requested each of the Troopers provide their name, badge number, and
identification. One Trooper ignored Mr. Thompson’s request entirely, while another
claimed he had forgotten his name and badge number.

Mr. Thompson made the same request of Hewitt, indicating that he was a taxpayer
and believed his request to be justified. Hewitt responded, “You pay about forty cents of
state taxes”.1 Hewitt, after contacting dispatch to inform them “this one’s a little snippy,”
did identify himself to Mr. Thompson.

1 Hewitt had no information whatsoever regarding Mr. Thompson’s taxable income. This

comment was, exclusively, a racist presumption. The comment does, however, appear to be
consistent with Hewitt’s beliefs.
 When Mr. Thompson told Hewitt he believed his detention and the search of his
vehicle to be illegal, Hewitt responded:

Brother, how do you think this is going to end? Are you ready to
go through all of this today, just for that? There’s probably not
even any weed in here.

Throughout his interaction with Hewitt, Mr. Thompson repeatedly asserted that his
detention was illegal.

Eventually, Hewitt indicated toward Mr. Thompson’s cell phone camera and
shouted:

Hewitt is unsettlingly comfortable with racist language and imagery. On Facebook, he is a

fan of two different pages related to “Team Chepo,” a racist comic and meme group. For
example, on May 24, 2020, Team Chepo posted this image of a black man:

On June 28, 2020, Team Chepo posted this racist and misogynist image:

These pages are also rampant with transphobic and homophobic images. You can see for
yourself at: https://www.facebook.com/thechepoteam/ and
https://www.facebook.com/chepoteam/.

2

This is going to get posted to YouTube. This is going to get
posted, after all of this, and I guarantee. . . Look at this,
everybody who is going to see this, I guarantee, they are going
to say, you sir, you got the coolest cop in the whole nation. The
most coolest, calmest, collected cop. Because I ain’t even trying
to be here to do that to you, man. And all the comments, there’s
going to be two thousand comments saying, “You, what a
dumbass.”

Hewitt reached through Mr. Thompson’s driver’s-side window, unlocked the door,
and opened it. He commanded that Mr. Thompson step out of his vehicle. Once again, Mr.
Thompson stated his detention was not lawful. Mr. Thompson also stated Hewitt’s
command that he step out of his vehicle was also not lawful. Hewitt then leaned forward
into Mr. Thompson’s face and yelled:

Take a look at me, I AM A FUCKING SPECIMEN RIGHT HERE
BUDDY, YOU HAVE GOTTEN ON MY LAST NERVE, ALRIGHT?

Mr. Thompson, engaging in only passive resistance stated, “I have my hands up,” to which
Hewitt responded:

YOU ARE GOING TO GET YOUR ASS WHOOPED IN FRONT OF
FUCKING LORD AND ALL CREATION.

I AM GOING TO GIVE YOU ONE MORE CHANCE. YOU CAN
BRING THAT WITH YOU, I’LL LET YOU FILM THE WHOLE
THING.

Mr. Thompson said, “I am not resisting, my hands are up.” Hewitt then said Mr. Thompson
was now under arrest for disobeying a lawful command, before yelling into Mr.
Thompson's face:

I AM GIVING YOU TO THE COUNT OF THREE.
ONE, TWO . . .

Then Hewitt looked directly into Mr. Thompson’s cell phone camera, smiled, and
said:

Watch the show, folks.

Hewitt lunged into the vehicle and wrapped his right arm around Mr. Thompson’s
neck, securing it with his left arm and forming a chokehold. Mr. Thompson yelled, “My life
is in danger!” as Hewitt pulled Mr. Thompson out of his vehicle by his neck while yelling:

3

HOW DO YOU LIKE THAT MOTHERFUCKER?
HOW DO YOU LIKE THAT?

Off camera, Mr. Thompson can be heard crying out for help, shouting:

Get off me! My hands are behind my back! My hands are behind
my back! I am not resisting, sir! Sir, please get off my neck! I am
not resisting! Get off my neck, sir, you are harming me! You are
harming me! You are harming me, sir! You are harming me, sir!
I am being harmed! I am being harmed! I am being harmed! I am
being harmed!

Hewitt forcibly threw Mr. Thompson face-down onto the pavement, causing cuts
and abrasions to his face and left leg. Hewitt placed either his elbow or knee on Mr.
Thompson’s neck while he secured both of Mr. Thompson’s arms behind his back and
placed him in handcuffs.

Mr. Thompson’s face bled profusely. When Hewitt raised Mr. Thompson, handcuffed,
to his feet, he asked for medical assistance, Hewitt replied, “you’re not even hurt.”

The other Troopers then searched Mr. Thompson’s vehicle. No evidence of any
crime was found in Mr. Thompson’s vehicle.

Hewitt sat Mr. Thompson, still handcuffed, in the front passenger seat of his patrol
vehicle. Hewitt attempted to explain what had just happened and insisted it had nothing to
do with Mr. Thompson’s race. Hewitt told Mr. Thompson that his own wife is black and,
therefore, he could not possibly be racist.2 Mr. Thompson, injured and upset at the events
that had just occurred, told Hewitt there was no way in hell a black woman would marry
him.

Mr. Thompson made at least one additional request for medical assistance. He was
ignored. No medical assistance was provided to Mr. Thompson prior to, or following, his
arrival at the Fairfax County Adult Detention Center.

2 Upon information and belief, Hewitt is not married to a black woman.

4
 II. Governing Law

Unreasonable Search and Seizure in Violation of the Fourth Amendment

Under Section 1983, a law enforcement officer may be found liable in his personal
capacity if he performs an unreasonable search and/or seizure, or if he uses an
unreasonable and excessive amount of force in violation of the Fourth Amendment to the
United States Constitution. Liability applies to:

every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory . . . subjects, or causes to be
subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privilege, or
immunities secured by the Constitution and laws . . .

42 U.S.C. § 1983. To establish personal liability under the statute, a plaintiff must show that
an official, acting under color of state law, caused the deprivation of a federal right.
Kentucky v. Graham, 473 U.S. 159, 166 (1985) (citing Monroe v. Pape, 365 U.S. 167 (1961)).

All police use of force that occurs in the course of an arrest, investigatory stop, or
other seizure, is governed by an objective reasonableness standard. Graham v. Connor, 490
U.S. 386 (1989). Courts examine an officer’s use of force by asking whether an objectively
reasonable officer could have employed the same use of force under the circumstances. In
making this determination, factors such as the seriousness of the crime at issue; whether
the suspect is actively resisting arrest or attempting to flee; and whether the suspect poses
an immediate threat to the safety of the officer of others may be taken into account. Id.

Hewitt’s use of force against Mr. Thompson was objectively excessive and
unreasonable. The crime of which Mr. Thompson was allegedly suspected – possession of
marijuana – is not a serious or violent offense. Mr. Thompson was seated in the driver’s
seat of his vehicle and provided an explanation to Hewitt as to why he felt the order to step
out of his vehicle was not lawful. Mr. Thompson’s hands were raised in the air in front of
him and he demonstrated only passive resistance to Hewitt’s attempts to physically
remove him from his vehicle. He allowed Hewitt to unlock and open his vehicle door and
unfasten his seatbelt without physically resisting these actions.

Nevertheless, Hewitt intentionally placed Mr. Thompson in a dangerous chokehold
and forcibly removed him from his vehicle by dragging Mr. Thompson by his neck. Hewitt
used this force on Mr. Thompson after stating his intent to perform “a show” for the
viewers watching the video footage of the interaction filmed by Mr. Thompson.

In the past months, jurisdiction after jurisdiction have banned chokeholds and other
uses of force which limit individuals’ ability to breathe, Hewitt’s behavior make clear why.
His actions, including his lack of restraint or remorse despite Mr. Thompson’s pleas for

5
help, could easily have led to the same tragic consequences suffered by Eric Garner and
George Floyd.

Assault & Battery

Under Virginia law, a person commits an assault when he places another individual
in apprehension of imminent harmful and offensive bodily contact; a person commits a
battery when he touches another individual, without privilege or consent, in a harmful and
offensive manner. See Koffman v. Garnett, 265, VA. 12, 16 (2003).

A law enforcement officer may be held liable for actions constituting assault and
battery when the force used to effectuate the arrest is excessive under Fourth Amendment
standards. As described above, Hewitt’s use of force cannot be deemed reasonable under
the circumstances. His actions constitute both assault and battery of Mr. Thompson.

III. Demand

Mr. Thompson expects this situation to be fully investigated and remedied. He is
fully prepared to take legal action against Hewitt in order to remedy the harm he has
suffered, but he is willing to forgo legal action in exchange for the following:

1) A full investigation of the events described in this letter;

2) Appropriate discipline for Trooper Charles Hewitt;

3) A reasonable monetary settlement; and

4) Payment of the attorneys’ fees and costs Mr. Thompson has expended in
attempting to resolve this matter.

If you are willing to reach a resolution of this matter promptly and privately, please
contact me at your earliest convenience, but no later than close of business on July 23,
2020. You can reach me at (703) 791-9087, by fax at (703) 722-8114, or by email at
jerlich@erlichlawoffice.com.



Respectfully,



Joshua Erlich
Attorney for Derrick Thompson