Bearing Witness: The Call for Justice at 3rd & Court Avenue

Looking back almost six years, it is sometimes hard to remember that the first few days following George Floyd’s murder, on May 25, 2020, were eerily quiet in Des Moines.

The first large protest was at the Des Moines police station on May 29, in the afternoon. The estimated turnout was over 1,000 people. The protest was non-violent, with the usual speeches and demands for change. There was no visible police presence and no violence that afternoon.

By the following evening, Saturday, May 30, this had all changed.

That evening, there were protests at the police station, vandalism in the East Village and an attack on the Polk County Courthouse. The story of the protests, beginning on May 30 and extending into the early morning hours of May 31 and later, was told in Volume 1 of the People’s History.

What follows is Just Voices’ second essay for Volume 3 of the People’s History, which is currently being written and researched. It gives witness to a pivotal moment captured by a security camera located on the side of the parking ramp at 3rd & Court Avenue. The camera faces West down Court Avenue toward the Polk County Courthouse. The footage was recorded at 2:43 a.m. on May 31, 2020.

It provides a troubling example of law enforcement’s use of force — one that demands our collective attention and action.

The footage was acquired by attorney Gina Messamer. She submitted a complaint to the Des Moines Police Department, asking them to identify the officers involved in the incident at the corner. Messamer was told that the department had interviewed several officers, some in the elite force known as Metro Star. All of them said the person using force wasn’t them and that they did not know who it was.

HOW MUCH FORCE IS TOO MUCH FORCE?
According to the National Institute of Justice, “Law enforcement officers should use only the amount of force necessary to mitigate an incident, make an arrest, or protect themselves or others from harm. The levels, or continuum, of force police use include basic verbal and physical restraint, less-lethal force, and lethal force.” This standard is meant to safeguard both officers and the public, ensuring that policing remains just and constitutional.

The video from the 3rd & Court Avenue camera tells the following story.

At 2:43 a.m. on a pleasant early summer day (62 degrees), the area around 3rd and Court in downtown Des Moines still had many people in the streets. We observe a man in a white T-shirt and Bermuda shorts walking alone.

A group of Des Moines police officers approaches him. We cannot hear what, if anything, is said. We do observe a short
moment with nothing obvious happening.

As the man turns away, officers spray him directly in the face with what is most certainly oleoresin capsicum spray (pepper spray).

He collapses to the ground, the officers walk away, leaving him behind and lying in the street where he remains for a few seconds until he can gather himself to stand.

These actions appear to violate Chapter 5 of the General Orders of the Des Moines Police Department, published on September 12, 2018. That Order provided:

“Officers shall only use force that is objectively reasonable to make an arrest or effectively bring a person or incident under control, while protecting the safety of the officer and others.”

The order also requires that:

1. While making a lawful arrest, force may be used as is justified under Iowa Code section 804.8.
2. Use of force should be discontinued when resistance ceases or when the incident is under control.
3. Physical force shall not be used against individuals in restraints, except as objectively reasonable to control or prevent their escape or prevent imminent bodily injury to any person.
4. Once the scene is safe and as soon as practical, an officer shall provide appropriate medical care consistent with their training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility.
5. Officers have a duty to intervene to prevent or stop the use of unreasonable force by another officer when it is safe and a reasonable opportunity exists.
6. All uses of force shall be documented and reviewed pursuant to department policies.

This appears to be an unjustified Use of Force with no later accountability to the officers involved in the incident:

• There is no effort being made to make any arrest.
• There is no evidence of any resistance by the man who was walking.
• There is no observable incident that would require police intervention.
• There is no intervention by the officers observing the incident.
• After the man falls to the ground, there is no immediate effort to determine if medical assistance is needed.
• Even though we can observe seven officers watching the eighth officer using pepper spray on this man, there is no Use of Force Report.
• There is no other incident report produced by the Des Moines Police Department in response to Just Voices’ requests.

This incident is one example of why Just Voices is asking for your help. If you recognize anyone in this video — whether a protester or police officer — please reach out to us. Our email address is info@justvoicesiowa.org. Your information can help us complete the record and push for the transparency and accountability our community deserves.

Our goal is simple but profound: To transform policing for the 21st century, ensuring that every encounter upholds constitutional rights and human dignity. By bearing witness and demanding accountability, we can move closer to a future where justice is not just an ideal, but a lived reality.