By Megan Sayles
AFRO Business Writer
msayles@afro.com
D.C. civil rights attorney Yaida Ford is preparing to file a civil rights lawsuit against Delaware Officer Phillip Poorman, of the Lewes Police Department, for an alleged false arrest that took place on July 6.
she alleges was a false arrest. Ford believes she was targeted because of her race.
Credit: Photo courtesy of Yaida Ford
Ford, a resident of Ward 8, says the incident took place as she was visiting a beach in Lewes, Del. with her 11-year-old nephew. After struggling to find parking, Ford stopped on a roadway to determine how to navigate her way out. Poorman allegedly approached her car, banged on the window and asked her to move. She informed him that she was looking for directions.
As she began to head out of the beach area, Ford noticed Poorman following her with his lights on and pulled over. Ford claimed Poorman hesitated to give his name and refused to provide his badge or credentials as he asked for her license and registration.
“My foot’s on the brake because, unwittingly, I didn’t put the car in park. He proceeded to open up my car door and began pulling me out of my vehicle,” said Ford. “My car slides forward, so I snap it into park.”
Ford then began to record the interaction, which she believes angered Poorman.
“Now, the situation has escalated. He proceeds to handcuff me, and I’m asking, ‘What is the basis for the arrest,’ and he says, “Blocking traffic,’” said Ford. “I was in a parking lot. At this point, I’m so upset that I already know I’m going to sue this guy because there’s no basis for it.”
Ford alleged that when Poorman pulled her out of the car, he slammed her into the vehicle, causing damage to the side of her body. Once in handcuffs, Ford was asked to get into the police car. She told the officer she preferred to stay outside as it was nearly 103 degrees outside and she worried the car would not be adequately air-conditioned.
Ford asserted that Poorman then told her she was resisting arrest though she was already in handcuffs. She believes he tacked on the charge because he knew she was an attorney and a resisting arrest conviction can lead to the loss of a law license.
“I sat down in the police car, and I told myself you’re not a lawyer today. You are a Black person in police custody. You cannot defend yourself,” said Ford. “I said, ‘You cannot arrest people for whatever you want, and he said, ‘Yes, I can.’”
Ford was taken to jail with her nephew and dog and waited for three and half hours until she was released. Poorman ultimately charged her with resisting arrest, driving the wrong way down a one-way street and failure to display identification.
Following the arrest, Ford said the state of Delaware dropped the charges and dismissed the case. But, the Lewes Police Department differed in their response to whether the charges were thrown out.
“She received probation before judgment after pleading no contest to disorderly conduct, paid the requisite fines and other court ordered costs,” said Police Chief Thomas R. Spell.
After the entire ordeal, Chief Spell said “only then was that charge discharged. The additional charges were dismissed at the time of her plea.”
“The incident was reviewed by supervision and nothing is indicative of the officer’s action being racially motivated, only that he was stopping a driver who was driving the wrong way on a one way street,” he continued.
Ford’s attorney said the charges will be dropped by a judge some time next week.
“The docket has not been updated to reflect a dismissal yet, but it will once the judge signs off on it,” said Ford’s defense attorney. “The police department is trying to stand on a technicality to stave off bad press. The probation before judgment will be dismissed once the judge signs off on the order.”
Not only did Ford experience physical impact during the incident, she has been left with emotional trauma. She feared for her life during the encounter. Her nephew was also left confused and afraid.
“I just explained to him that if you are Black, and they’re stopping you and have intent to do harm or intent to find some basis to arrest you, you can’t ask questions—even lawful questions,” said Ford. “There are certain things that police cannot do, but you are Black. The rules are different, and you have to pick your battles in your engagement with law enforcement.”
Ford has yet to file a lawsuit yet but has retained local counsel in Delaware to prepare the action. Though she knows she cannot ask for the firing of Poorman in the suit, she hopes it can send a message.
“If the officer gets enough complaints and enough lawsuits are filed that sends a message to the city, county or state that he or she is a bad apple,” said Ford. “That is my goal.”
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