‘Watch the show, folks’: Virginia trooper under investigation in violent 2019 traffic stop

FAIRFAX COUNTY, Va. — A Virginia state trooper is under investigation after a video surfaced last week of a violent 2019 traffic stop in which he pulled a Black driver out of his car by his neck.

Trooper Charles Hewett, who is white, has been placed on administrative leave while a criminal probe is conducted, Virginia State Police officials said in a statement Wednesday.

“The conduct displayed by Trooper Hewitt during the course of the traffic stop is not in agreement with the established standards of conduct required of a Virginia trooper,” state police superintendent Col. Gary Settle said. “Nor is it characteristic of the service provided daily across the Commonwealth of Virginia by Virginia State Police personnel.”

Settle said state officials had not received a complaint about the traffic stop prior to the video’s release July 13 by an attorney representing the driver, Derrick Thompson, 28, of Woodbridge.

Thompson’s attorney, Joshua Erlich, sent a letter that same day to Virginia Attorney General Mark Herring. The letter demanded an investigation and appropriate discipline for the 38-year-old Hewitt, as well as a financial settlement and the payment of Thompson’s attorneys’ fees and other court costs.

Erlich tweeted the video of his client’s encounter with troopers, saying Thompson was driving to work April 20, 2019, when Hewitt “terrorized and assaulted him.”

“I’ve never seen a video like this before,” Erlich told NBC Washington. “Trooper Hewitt appears to be enjoying himself. He appears to be hamming it up for the camera and that’s really what’s terrifying.”

A minor traffic offense

The descriptions of the traffic stop offered by Erlich and Settle agree in the major aspects of what took place. Both agree that a female trooper pulled Thompson over that afternoon on Interstate 495 near the 51-mile marker in Fairfax County because of an expired inspection sticker on his vehicle.

In Virginia, the failure to get an annual vehicle inspection on time is a Class 3 misdemeanor, punishable by a fine but no jail time. According to state officials, Virginia Gov. Ralph Northam in March suspended the enforcement of motor vehicle safety inspections due to the COVID-19 pandemic.

The expiration dates of vehicle inspection stickers were not part of that suspension, however.

During Thompson’s April 20 traffic stop, the trooper discovered he was driving with a suspended license, Settle said.

“The trooper also detected a strong odor of marijuana coming from inside Thompson’s car,” the superintendent said. “Additional troopers responded to assist the trooper with the traffic stop.”

The Washington Post reported that no drugs or other contraband were found in Thompson’s car after his run-in with the troopers.

Erlich’s letter to the attorney general alleges that the trooper called for backup after Thompson refused to allow her to search his car.

“Fearful of police violence and alone in his vehicle, Mr. Thompson placed his cellphone on his dashboard to film the interaction,” the letter states.

When Hewitt and another trooper arrived about 10 minutes later, Thompson asked for each of the three troopers’ names and badge numbers.

“One trooper ignored Mr. Thompson’s request entirely, while another claimed to have forgotten his name and badge number,” Erlich wrote.

When he asked Hewitt for his identification, stating it was his right as a taxpayer, Hewitt’s mood grew ugly, Thompson and Erlich allege.

“You pay about 40 cents of state taxes,” Hewitt said, according to the attorney.

“Hewitt had no information whatsoever regarding Mr. Thompson’s taxable income. This comment was, exclusively, a racist presumption,” Erlich wrote.

Read the letter from attorney Joshua Erlich to Virginia Attorney General Mark Herring below.

Hewitt continued urging Thompson to cooperate with a search, telling him, “Brother, how do you think this is going to end,” according to the attorney. Thompson reiterated that he believed the search would be an illegal one.

At one point, the trooper turned to the camera and said the video that would eventually get posted on YouTube would show viewers that Thompson “got the coolest cop in the whole nation,” according to Erlich’s letter. “The most coolest, calmest, collected cop. Because I ain’t even trying to be here to do that to you, man.”

‘Get off my neck, sir. You are harming me’

Video of those alleged interactions between the trooper and Thompson was not released last week. The two-minute, 20-second video released by Erlich picks up as Hewitt is reaching through the open driver’s side window and unlocking Thompson’s door.

“You can’t do that, sir,” Thompson is seen telling Hewitt before speaking directly to the camera. “This officer is trying to unlock my car.

“This officer is unlocking my car. They just illegally entered my car and I’m being forcefully removed.”

Hewitt bends over and places his hands on his knees, looking into the car at Thompson.

“Take a look at me,” Hewitt says. “I am a (expletive) specimen right here, buddy. You have gotten on my last nerve, all right?”

Thompson places his hands in the air in front of him, pointing out on camera that he is no threat to the troopers.

“You are going to get your ass whopped in front of (expletive) Lord and all creation,” Hewitt says, looking into the camera.

Watch the entire video below. Warning: The footage contains violence and explicit language.

Thompson continues to emphasize that his hands are up.

“I am being framed. I am being framed right now,” he says.

“I am going to give you one more chance,” Hewitt continues in a loud voice. “You can bring that with you; I’ll let you film the whole thing.”

“I am not doing anything. I feel unsafe,” Thompson states to the camera. “I feel unsafe.”

“I’m giving you a chance,” Hewitt repeats several times as Thompson continues to hold his hands up in the air and state he is no threat to the three troopers.

“I have just been threatened by a law officer as two other officers stand by and say absolutely nothing,” Thompson says, panning the camera to the passenger’s side, where the third trooper is standing in the open door.

A visibly upset Hewitt tells Thompson he has until the count of three to cooperate.

“Sir, I’m still …. It’s all on camera. I am not resisting,” Thompson says. “I am making sure it is being known I am not resisting.”

As Thompson continues talking to the camera, Hewitt reaches across him and unbuckles his seat belt. When he puts his hand on Thompson’s arm, the driver bristles at being touched.

“Please do not touch me, sir,” he says.

Hewitt points to the camera and tells Thompson to get his phone out.

“Please do not touch me, sir,” he responds.

“See, now that’s where we come to a disagreement,” the trooper says before suddenly escalating the situation.

“I am giving you to the count of three,” he shouts at Thompson, pointing a finger inches from the man’s face.

Thompson ignores him, telling the camera he is not touching the trooper.

“Don’t do it. Don’t do it,” Hewitt tells him, again looking into the camera. “Get out of the car right now.”

“My hand is by my head,” Thompson tells the camera. “I am being threatened.”

“Now you’re under arrest,” Hewitt tells him. “Now you’re under arrest for disobeying an officer.”

“Disobeying? I was unlawfully detained,” Thompson responds.

Hewitt begins counting down.

“One … two …,” he says, then looks into the camera with a grin. “Watch the show, folks.”

Hewitt grabs Thompson by the neck and yanks him out of the car, their movements knocking the camera askew.

“My life is in danger!” Thompson cries as he’s pulled from the driver’s seat. “My life is in danger!”

Though they are no longer visible to the camera, the struggle outside the car can be clearly heard.

“How do you like that, mother(expletive)?” Hewitt asks Thompson. “How do you like that? Huh?”

Thompson can be heard calmly saying, “I am not resisting. I am not resisting.”

“Yes you are! Yes you are!” Hewitt responds.

“No I’m not. Get off me!”

After a moment, Thompson says his hands are behind his back.

“My hands are behind my back, sir. My hands are behind my back,” he says. “I am not resisting. Sir, please get off my neck. I’m not resisting. Get off my neck, sir. You are harming me. You are harming me.”

The letter Erlich sent to Herring says Hewitt “forcibly” threw his client down, facedown, onto the pavement, causing him to suffer cuts and abrasions to his face and leg.

“Hewitt placed either his elbow or knee on Mr. Thompson’s neck while he secured both of Mr. Thompson’s arms behind his back and placed him in handcuffs,” Erlich wrote.

The attorney said Thompson’s face “bled profusely” but he was denied medical attention, with Hewitt telling him, “You’re not even hurt.”

Erlich alleges that Thompson was also denied medical treatment after they arrived at the Fairfax County Adult Detention Center, a claim at odds with Settle’s statement.

According to the state police superintendent, Thompson underwent a medical evaluation for a “minor abrasion” to his forehead.

Thompson was ultimately charged with obstruction of justice, driving on a suspended license and having an expired inspection sticker, authorities said.

Fairfax County court records show that Thompson pleaded guilty to the obstruction charge in August. Both of the other charges, including the traffic infraction for which Thompson was pulled over, were dropped at that time.

Because the traffic stop resulted in an injury to Thompson, a use-of-force investigation was conducted following the incident, Settle said in last week’s statement. The results of the investigation were not divulged.

NBC Washington reported that state police officials said state law prohibits the release of that information.

Erlich, who accused Hewitt of violations of the 14th Amendment, as well as assault and battery, claims in his letter to the attorney general that Hewitt belongs to at least two Facebook pages dedicated to sharing racist comics and memes.

“Hewitt is unsettlingly comfortable with racist language and imagery,” the attorney wrote.

He also accuses Hewitt of lying to his client after his arrest about being married to a Black woman. The trooper was attempting to explain his actions and insisted they had nothing to do with Thompson’s race, Erlich alleges.

“Hewitt told Mr. Thompson that his own wife is Black, and therefore, he could not possibly be racist,” Erlich wrote. “Mr. Thompson, injured and upset at the events that had just occurred, told Hewitt there was no way in hell a Black woman would marry him.”

Erlich told the Post he has not yet filed a lawsuit on Thompson’s behalf because they hope to resolve the issue without taking legal action. Thompson told the newspaper he would like for Hewitt to be fired and criminally charged.

“That was honestly the worst thing I’ve gone through in my life,” Thompson said. “It’s shocking. Reliving the moment through social media has been shaky.”

The Cheesecake Factory employee indicated the situation he found himself in has taken on an added seriousness as thousands of people have protested daily following the May 25 death of George Floyd while in Minneapolis police custody.

Four officers have been fired and criminally charged in Floyd’s death, which occurred after former Officer Derek Chauvin kneeled on his neck for more than eight minutes. Chauvin is charged with murder and the three other now-former officers are charged with aiding and abetting the crime.

“At the end of the day, people are losing their lives over things like this, and that could have been me,” Thompson told the Post.

Cox Media Group