VIRGINIA BEACH, Va. (WAVY) — A criminal justice expert who investigates shootings by police officers and testified in the case involving 25-year-old Donovon Lynch, who was shot and killed March 26, 2021 by a Virginia Beach Police officer, said that officer never identified himself to Lynch and that Lynch, when he was shot, was not facing the officer.
This comes as Lynch’s case is slated to be heard by the Virginia Beach Independent Citizen Review Board, established to review citizen complaints against the police department. The city, however, said a hearing date has not yet been determined.
Only on 10, Dr. Darrin Porcher, a retired New York Police Department lieutenant, outlines what he found to be true in the Lynch case on what has been described as a chaotic scene at the Oceanfront. After Porcher testified, the city of Virginia Beach settled with the Lynch family for $3 million.
Porcher said that, at the time Lynch was shot, he was facing away from Virginia Beach Police Officer Solomon Simmons.
“Officer Simmons comes from behind/slash the side of Mr. Lynch. Officer Simmons never identified himself,” Porcher said. “… By identifying yourself to a person you perceive in possession of a weapon, it now affords them the opportunity to drop their weapon and abide by your commands. Mr. Lynch was not afforded that opportunity.”
Lynch was licensed to carry a weapon and owned a security company, and his 9mm Ruger was found where he was shot.
“So as a result, it was a quick reaction by Mr. Simmons, where he shot and killed Mr. Lynch without affording Mr. Lynch the opportunity to adhere to any commands,” Porcher said.
Porcher claimed that more than 90% of people taken into custody in possession of a weapon are not shot by police.
“That’s true, over 90%, because police will introduce the commands such as ‘drop your weapon, put your hands up, turn towards me,’ but that didn’t happen in this Lynch case,” Porcher said. … “Mr. Simmons did not identify himself as a police officer. … Officer Simmons stated, ‘Gun, gun,’ and then shot Mr. Lynch. Officer Simmons did not introduce commands such as ‘Police, don’t move. Drop your weapon. Turn and face me.'”
Porcher claimed that Simmons did not recall what he said, and that Simmons did not have his body camera on.
“That is unfortunate Officer Simmons did not have his bodycam on, so although Officer Simmons may state that he doesn’t recall what was said based on the investigation, we concluded that his commands were merely ‘Gun,’ and then he shot Mr. Simmons,” Porcher said.
However, in court documents, the city and Simmons claim that Simmons announced himself, and Lynch turned with a firearm in hand and pointed it in Simmons’ direction, and that Simmons feared for his life before firing the fatal shots.
In response to that, Porcher said that “is it possible that Mr. Lynch drew his weapon and pointed in the direction of where the shots were being fired? There’s a possibility. However, there’s nothing that supports Mr. Lynch turn[ing] towards Officer Simmons with his firearm pointed towards the officer.”
It should also be noted that Lynch and Simmons went to the same high school.
“Yes, they did, but Officer Simmons stated in his deposition testimony that he did not know Donovon,” Porcher said. “… It doesn’t appear as if Mr. Lynch discharged bullets with his firearm at the time.”
The Donovon Lynch case will be heard by the Virginia Beach Independent Citizen Review Board, established to review citizen complaints against the police department.
The city said a hearing date has not yet been determined.
FACTS ON THE ICRB
Who serves on the ICRB?
The Independent Citizen Review Board (ICRB) is an 11-member board appointed by the City Council, reflecting the values and demographic makeup of the City of Virginia Beach. In addition to the 11 voting members, the board may include up to two non-voting members with law enforcement experience.
Collectively, the board completed more than 600 hours of training prior to beginning their duties, including constitutional law courses, education on police operations and policy, use of force, ride-alongs as well as continuing education.
If you are interested in applying to be on the ICRB, visit the “Relevant Documents” section for the ICRB Talent Bank Application.
How is a request for review filed?
At the conclusion of an Internal Affairs Office investigation, the Police Department mails the findings to the complainant along with a brochure about the ICRB and a request for review form. The complainant must submit the request for review form in writing within 90 days of the mailing.
Why was the ICRB Created?
In 2020, the Virginia General Assembly passed legislation that granted localities the option to establish a law enforcement civilian oversight body and to empower the oversight body with certain duties, including subpoena power and the ability to make policy suggestions.
Virginia Beach’s Investigation Review Panel (IRP), which had been in place since 1991, were charged with similar duties, however this new law allowed for the creation of a law enforcement civilian oversight body that can engage more with the community and one that more inclusively represents the demographic makeup of the city.
In November 2021, Virginia Beach City Council voted in favor of the creation of the Independent Citizen Review Board, the first city in Hampton Roads to do so.
How is a request for review filed?
At the conclusion of an Internal Affairs Office investigation, the Police Department mails the findings to the complainant along with a brochure about the ICRB and a request for review form. The complainant must submit the request for review form in writing within 90 days of the mailing.
What happens after a request for review is filed?
The ICRB will review the investigation file and information provided on the request for review form prior to conducting a hearing. Within 30 calendar days of receiving the investigation file from the Police Department, the ICRB will conduct a hearing to review the investigation.
At the hearing, the board will hear statements from the complainant, witnesses and the Police Department. The board aims to foster a continuous dialogue between Virginia Beach residents and the Police Department, and therefore, all investigative review hearings will be open to the public.
Any person appearing before the board may be accompanied by legal counsel who may advise them but may not participate in the proceedings.
What happens at the conclusion of an investigation review?
Within five working days of the conclusion of the board’s deliberations, the ICRB will submit a report of its findings and recommendations to the City Manager. Notification of the board’s decision is provided to the complainant in writing.
In its findings, the board may:
- Concur with the findings of the Police Department investigation.
- Advise the City Manager that the findings are not supported by the information reasonably available to the department.
- Advise the City Manager that in its judgment the investigation is incomplete.
- At any time, whether in conjunction with an investigation review or not, the board may provide policy or procedure recommendations to the City Manager and/or Police Chief. For transparency and accountability, the recommendations and the responses from the Police Department will be made publicly available.