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Brackney said Woods re-engagement of Gilmore after apparently turning to leave, and not explaining to Gilmore why he wanted to see a license, made the incident that followed a violation of department policies.

Wood immediately re-engaged. Wood failed to articulate or justify his reason to reengage and reacted solely upon being challenged, Brackney said.

Gilmore, through his attorney Jeff Fogel, filed complaints with police accusing Wood of bias-based policing and violations of the Fourth Amendment for detaining, handcuffing and searching him and using excessive force.

Police ruled the bias charge unfounded because there were no racial slurs used or race-based reason for Wood to talk with Gilmore

Brackney said the internal affairs investigation found that Woods force in the takedown was not excessive because his seeking a drivers license for someone who he had seen driving was legitimate.

Wood articulated in his reports, although he did not articulate it to Mr. Gilmore, that he observed Mr. Gilmore driving, Brackney said. A license is required to drive a vehicle.

In a Feb. 23 letter to police, Fogel disagreed.

Race need not be the sole basis for detention or interdiction to violate the Fourteenth Amendments equal protection clause, he wrote. One would need to look at Officer Woods history with the department and any other evidence that may touch on his treatment of Black people. You did no investigation of this question and offer no reason why Officer Wood acted the way he did.

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Officers who police say violated rights and policies are off the force - The Daily Progress