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University Daily Kansan / Monday, April 20, 1992
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Lance Burr, attorney for the Sevier family, said the Seviers were denied the right to question police actions.
Continued from Page 1
criticism from the American-Indian community, former Mayor Bob Walters established a citizen's panel, made up of police and law professionals from Lawrence, the Kansas City area and Washington, D.C.
Seviers question authorities in son's death
The panel's report, released in January and formally presented to the Lawrence City Commission March 17, lists more than 20 recommendations on improving the policies of use of force, community relations, and recruitment and training of officers.
"Even though we made quite a number of recommendations, we feel the department is in good shape," said Darrell Stephens, author of the report and a former Lawrence assistant police officer. The department is always room for improvement."
"It's going to happen again because the attitude is not right," he said. "There has to be a change in attitude on how to deal with this particular type of situation. We are not painting with a brush, we are not doing bad, bad, because they are not all bad. But this policy on the use of force needs changing."
Lance Burr, the Seviers' attorney who specializes in American-Indian legal affairs, said Greg Sevier's death could have been avoided if the police officers had examined the situation thoroughly.
A two-day coroner's inquest that took place one week after the shooting determined that officers Bordman and Phillips were justified in using deadly force.
★★★★
Six jury members, the district, attorney and the county coroner questioned police officials and family members. A coroner's inquest, which does not deliver a legally binding verdict, determined death was justified. The district attorney determines whether criminal charges should be filed in district court.
Even though the jury in Sevier's case
five white women and one white man
determined that the use of force was
necessary to obtain the release of
department's handling of the situation
After the jurors read the decision in a crowded room at the Douglas County
Courthouse, they added their opinion to the verdict.
It read, "We, the jury, have concerns about how the events were handled from the time the police arrived until the final confrontation between Gregg Sevier and the officers."
"I think we were concerned about how quick the confrontation was brought about, "he said. "Once it did occur, we went over the document but to accept the word of the police."
One of the jurors, Dale Kring of Lawrence, said in an interview that the jury questioned the officers' decision to use deadly force.
Burr, a former assistant Kansas attorney general, said the inquest system in Kansas should be reexamined.
"It's a very poor system," he said. "It gives no right to the family to cross-examine witnesses and gives too much power to the coroner. The district attorney works with the police officers it has. It's a total conflict of interest."
The inquest was conducted by Carol Moddrell, Douglas County coroner, and former District Attorney Jim Flory. The prosecutor was instructed U.S. attorney in Kansas City, Kan.
Burr, who was not allowed to cross-examine witnesses, said that the Seviers were denied the right to question police actions.
The attorney said the Sewiers planned to file a lawsuit against the base oned by the plaintiffs.
But he also said he did not know when they might file the lawsuit.
★★★★
Jerry Thomas, an author from Hilo, Hawaii, said that although he considered himself an outsider to Lawrence, he could see racism problems that divided the community.
Thomas spent six months in Lawrence researching documents and interviewing people for the book "Hitchita! The Documented Story of the Gregg Sevier Homicide." He became interested in the case through a mutual friend of his and the Seviers.
Hitchita, a Creek Indian verb meaning to behold, is also the name of the Oklahoma town where Gregg is buried.
need to change. "Thomas said
"The people afflicted with racism are the ones in power, and they don't see a
Thomas said he thought the biggest problem was the bias shown during the coroner's inquest.
"I feel that the inquest was designed and orchestrated by Jim Flory," he said. "It could have been done differently."
He pointed out that Flory asked jurors whether any of them were affiliated with any American-Indian tribe or organization.
Flory contends that the inquest was performed in a legal, nonracist
"I asked a number of questions throughout the inquest," he said. "And I don't select the jury, the coroner does. I think it is wrong that people can take only one question and maintain that there is a racist connection."
Flory also said he met with the Seviar family prior to the inquest and discussed all possible courses the inquest might take.
Current District Attorney Jerry Wells and officers Bordman and Phillips would not comment about the case.
★★★
The sight of a dead American Indian in Lawrence was nothing new to the American-Indian community.
John Sandoval, 19, was found dead in April 1989 in Kawasaki River.
Cecill Dewald Jr., 21, also was found in the river in October 1989.
Christopher Bread, 19, was discovered dead in a ditch in east Lawrence in March 1990, an apparent victim of a hit-and-run driver.
None of the cases has been solved, although an arrest has been made in the Bombay Court.
Because of the Sevier shooting and the mysterious deaths of the three other Lawrence American-Indian men within the past three years, American-Indian leaders in Lawrence said, "I have heard that the Lawrence police have worsened."
Don Bread, Christopher Bread's father, is a professor at Haskell Indian Junior College and a close friend of the Sevier family.
Bread was called the morning of Sevier's death and helped clean the carpet from the blood and flesh that had become matted in it after Sevier was
Chronology
April 21, 1991 - Gregg Sevier shot and killed by two Lawrence police officers.
May 1, 1991 — A two-day coroner's inquest找的 officers were justified in using force; jury members question police procedures
May 2, 1991 District Attorney Jim Flim announces that he will not file charges against the officers.
May 9, 1991 — Attorney General Bob Stephen and Dougley County Sheriff Loren Anderson say efforts to find evidence in the deaths of three other Lawrence American-Indian men have been exhausted.
June 1991 The Lawrence City Commission establishes a citizen's panel to review Lawrence police procedures.
May 21, 1991 - District Attorney Jim Flock resigns his position to take a job as assistant U.s. attorney in Kansas City.
August 1991 Jerry Thomas, an author from Hawaii, begins research for his book "Hitchitcha" The Documented Story of the Gregg Sevier Homeicide."
February 1992 "Hitchital"
book is released to Lawrence
bookstores.
March 17, 1992 Citizen's review panel presents its final report to the Lawrence City Commission.
Michael Gier, Daily Kansan
When he talks about the Sewier case, he raises his voice and squints his eyes.
A year after that fateful morning, his anger has not subsided.
"My position hasn't changed," he said. "I am appalled at the entire case, from when the police entered the home to the verdict of the coroner's inquest. It's one of the most ridiculous miscarriages of justice I have ever seen."
Bread said the only way the community could heal its wounds was for the whole community to understand the impact of the Sevier case.
"We are a very sick community," he said. "I view it as two killers on a police force with the potential to kill again. And it is going to take something drastic, like if a prominent white male is killed by the police, to make people realize the magnitude of this type of situation."
Dan Wildcat, president of the Lawrence Indian Center and also a Haskell professor, said the situation was fouled from the beginning.
"I think from start to finish it was a mishandled affair," he said.
Wildcat said he thought the shooting showed racist attitudes on the Lawrence police force.
"My hunch is that there is an act of racism involved," he said. "But that's my own gut feeling. The real question is if there is a pattern of racial violence in the community."
★★★★
April 21, 1991, began with loud drums and screeching guitars in Gregg Sevier's bedroom. All is quiet there 365 days later.
But the Seviers remain outspoken and the circumstances surrounding their deaths are clear.
Willie Sevier said he was a believer in the ancient ways of American Indians. And he does not judge people until he has walked in their own shoes.
"I don't hold resentment toward anyone," he said. "My father used to tell me that I should judge others as I would want them to judge me."
Sevier then took a long puff on a cigarette and remembered more piece of his father's wisdom.
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