Panel: Virginia alcohol agency should retain arrest powers

Johnson, then 20, needed 15 stitches to close a gash in his head.

A panel formed after the violent arrest of a student by Virginia’s liquor agency has declined to recommend stripping the agency of its arrest powers. The report concludes that the ABC department acted properly in allowing the agents, who had been transferred to desk jobs, to return to their normal duties.

The review was requested following Johnson’s arrest, video of which showed him with blood running down his face.

RICHMOND – The Virginia ABC Enforcement Expert Review Panel, assembled by Secretary of Public Safety and Homeland Security Brian Moran in accordance with Gov. Terry McAuliffe’s Executive Order Number Forty, has delivered its final report and recommendations to the governor more than six weeks in advance of the November 1 due date.

The 37-page document produced by the internal affairs division of the Virginia State Police is a dense and detailed collection of more than 50 witness and participant accounts, as well as reviews of ABC enforcement protocol.

However, the panel recommended that the agency emphasize regulatory activities over law enforcement. It quotes witnesses saying Johnson had been drinking and Johnson himself as admitting to consuming “two beers” earlier in the evening.

McAuliffe also ordered a state police investigation of the incident.

In a statement obtained by WVIR, Johnson’s attorney, Daniel Watkins, applauded the Governor’s decision to release the report but says, “We are also concerned about whether appropriate safeguards are now in place to prevent another unfortunate encounter between ABC agents and citizens”. The panel also suggested quarterly reports demonstrating progress toward the adopted recommendations. “I thank each and every panel member for their exceptional contribution to this study, which is reflected in the strong proposals put forward for the Governor’s consideration”, he said.

Johnson’s arrest was the second ABC incident to provoke outrage in Charlottesville. One agent brandished a gun and another tried to break her windshield with a flashlight. Charges against her were dropped, and she settled a lawsuit against the ABC for $212,500.