The Chicago Police Board voted Thursday to suspend an officer for 90 days for his role in an incident where another officer body slammed a schizophrenic man during an arrest nearly four years ago.
Officer Mark Johnson was found guilty on all but one of the administrative charges lodged against him, according to a written ruling by the board. Former CPD Supt. David Brown had recommended Johnson be fired from the department for his conduct.
The case before the board Thursday centered around the violent arrest of Bernard Kersh on Nov. 28, 2019, that was captured on video by a bystander and made national headlines.
Officer Jerald Williams approached Kersh after allegedly spotting him drinking from a bottle of vodka at a bus stop in the 800 block of East 79th Street, according to the Civilian Office of Police Accountability. Kersh licked and spit at Williams, a former mixed martial arts fighter, during the encounter.
Video filmed by a bystander showed Williams lifting Kersh and then body slamming him. Kersh, 32, struck his head on the curb, leaving him lying “motionless on the street,” COPA said.
Johnson arrived seconds later and allegedly hauled an unconscious Kersh into the back of a police vehicle without waiting for medics to examine his injuries, COPA said. He also didn’t secure Kersh in the vehicle with a safety belt.
Johnson’s treatment of Kersh “was disrespectful to Mr. Kersh and not consistent with CPD’s standards for transporting arrestees,” according to the written ruling.
COPA also alleged that Johnson failed to turn on his body camera during the incident, and that Johnson made misleading statements in his report “by indicating that Mr. Bernard Kersh was alert and/or responsive prior to being placed into a marked Chicago Police Department vehicle, or words to that effect.”
But the board found Johnson not guilty of making misleading statements in his report, saying that there wasn’t enough evidence to establish “that Mr. Kersh was unconscious for his interactions” with the officer. Additionally, the board said at least two officers on the scene expressed “belief that Mr. Kersh was not unconscious.”
In making the decision, the board said that the first few minutes of Johnson’s interactions with Kersh “violated several CPD rules,” but all their following interactions “show nothing but courtesy and respect under difficult circumstances.”
The board also cited Johnson’s “complimentary history” with the department as a factor in the decision to suspend the officer.
This is the second time Johnson’s name has come up with the police board in recent months. In January, the police board agreed with COPA’s recommendation that Johnson be suspended for 366 days for allegedly using unjustified force against a Chicago Public Schools student while off duty in 2018.
Kersh spent a week in jail before posting bond for spitting on Williams. Kersh, who has a history of mental illness, was arrested again weeks later after he allegedly attempted to push past a South Loop Jewel-Osco security guard without paying for a bouquet of flowers and a bottle of tequila.
COPA found that Williams, who has a lengthy record of alleged misconduct, used excessive force while taking Kersh to the ground, but the oversight agency didn’t sustain five other charges, including that he used deadly force and made a false statement.
After COPA recommended a 45-day suspension for Williams, Brown called for a lengthier 135-day suspension instead in a February 2021 letter to the agency.
Nearly two years later, Williams still hasn’t served a suspension. A police spokesperson said previously that the case remains caught up in “the grievance process.” In that time, Williams has been promoted to sergeant.
Kersh filed an ongoing civil rights lawsuit against the city of Chicago, Williams, Johnson and other officers, seeking more than $200,000. Earlier this year, a judge dismissed Johnson from the lawsuit. Kersh’s lawyers filed a motion seeking to have Johnson restored as a defendant.
Contributing: Tom Schuba
