Alcohol agents cleared in arrest of student claiming racism

The Virginia ABC agents involved in the controversial arrest of a UVA student are back on active duty following an investigation launched by Governor Terry McAuliffe.

But the Virginia State Police ruled the agents did not violate agency policy.

On March 19, 2015, certain special agents of the Virginia Department of Alcoholic Beverage Control (ABC) were removed from active duty pending an administrative review of an incident in Charlottesville. The 20-year-old’s case was continued for two months while State Police investigated whether the ABC agents did anything wrong on the night of St. Patrick’s Day.

The administrative investigation was conducted by the Virginia State Police, an agency independent from Virginia ABC, which submitted its report to Secretary of Public Safety and Homeland Security Brian Moran.

The ABC has also been re-training its agents and taking part in a panel that is reviewing the department as well as its enforcement powers.

Public intoxication or swearing and obstruction of justice charges brought against Johnson after the arrest were dropped in June by a prosecutor, who found that “the interest of justice is not served by further prosecution of the defendant”.

The arrest also put renewed focus on the ABC’s law enforcement branch, whose 130 officers work to address underage drinking on the state’s college campuses. The ABC said that training – which included hands-on and classroom instruction on use of force, cultural diversity, effective interaction with youth, and community policing – was completed in July.

The Johnson incident came two years after another U.Va. student was arrested outside a supermarket by ABC agents who mistook a carton of sparkling water for beer. Undercover agents surrounded Elizabeth Daly’s vehicle, one pulling a gun and another trying to break her windshield with a flashlight. Johnson is seen crying out in pain as he is lying on a street with a white officer crouched over him.

Johnson’s attorney, Daniel Watkins, did not immediately return a telephone message Monday. He also declined to say if his client is contemplating a civil lawsuit.