Charges against A&T students alleging racial profiling remain unresolved

Gian Spells (left) and Carlyle Phillips last December

Two NC A&T University students who have accused the Greensboro Police Department of racial profiling and of illegal arrest and detention during a traffic stop last November were in court today on related charges of resisting a public officer. Upwards of a dozen supporters rallied on their behalf in front of the Guilford County Courthouse and sat in a large courtroom as the judge, prosecutors and defense lawyers worked through a long docket of misdemeanors.

Gian Spells and Carlyle Phillips’ cases were not heard. After most of the supporters left, defense lawyer Keith Black gestured for the two to step out of the courtroom for a conference. Soon afterward, the two defendants left court.

Black said he would have no comment about the status of the case except that it is being continued. Phillips said briefly that he and Spells expect to perform community service to settle the matter. Contacted later by phone, Spells said they are still trying to get the charges dismissed. The defendants have been counseled by their lawyer to not speak publicly about the case.

That’s in contrast to their approach to the case previously. Phillips is featured on a YouTube video posted on the Beloved Community Center’s website urging college students to show up at court today in support. Text at the beginning of the video asks, “Is it a crime to drive while black in Greensboro?”

The Greensboro Police Department has completed an internal investigation of the two students’ complaint. Capt. Wayne Scott, commander of the central division, informed them in a Feb. 4 letter that the investigation conducted by Lt. Joel Cranford found “no evidence to substantiate your complaint” against Sgt. TA Long “for racial profiling and truthfulness.” In their complaint, the two state that police forcibly removed them from the vehicle after they refused orders to step outside.

The only charges filed against Spells and Phillips were for resisting a public officer, but a magistrate ordered the two held overnight “due to intoxication.” Neither were charged for driving while intoxicated or other alcohol-related offenses, and Spells said he asked to take a test to gauge whether there was alcohol in his system and officers on the scene refused to administer one.

Notwithstanding Capt. Scott's assurance that their complaint has been thoroughly investigated, the investigator did not take statements from the two students.

"Lt. Cranford attempted multiple times to contact both subjects, but they never met face to face," Scott told YES! Weekly. "We offered to take a statement over the phone and send them a transcript, which is often how we do these, but they declined."

Scott confirmed that the two parties were unable to agree on a place to meet. The students rejected a proposal to meet with Cranford at the downtown branch library, and Cranford in turn rejected a proposal to meet at the Beloved Community Center.

"The purpose of the investigation is a fact-finding mission," Scott said. "We try to do that in an area where there's not going to be a lot of distraction. We would interview them separately. We prefer to do that in an area where we can interview them in a more isolated situation."

Spells said that he and Phillips were never interviewed by anyone from the police department, notwithstanding Capt. Scott’s assurance that their complaint has been thoroughly investigated. Scott declined to discuss the circumstances of the investigation with YES! Weekly, citing state personnel law.

Scott informed the two that if they are unsatisfied with the findings of the investigation, they may file an appeal with the complaint review committee, a citizen body of the Greensboro Human Relations Commission.

UPDATE: Speaking at "Black History Service of Justice" program tonight at Bethel AME Church in east Greensboro, Phillips said he and Spells declined to give statements over the phone to the police investigator because they lacked confidence that they would be accurately transcribed.

Phillips also indicated during his remarks that he is unhappy with an arrangement that has been proposed to dispose of the charges.

"I'm not supposed to be here speaking to you all about certain things right now because certain people don't want me to speak about certain truths," he said. "They told me and Gian that we can do 20 hours of community service and get our charges dismissed," he said. "I'm not taking no plea with nobody because I didn't do nothing."