Lofton task force calls for audit of ‘stand your ground’ laws, mental health support

The task force charged with addressing systemic failures that contributed to 17-year-old Cedric “CJ” Lofton’s in-custody death has put forth 57 recommendations, including dozens of policy changes.

The task force proposed an array of non-binding reforms to the state foster care system, Sedgwick County 911, the Wichita Police Department and the county’s youth corrections system.

Task force members called for local officials to request a state audit of “stand your ground” laws, the self-defense statutes District Attorney Marc Bennett pointed to as the reason the five Sedgwick County corrections officers who fatally restrained Lofton were immune from prosecution.

One proposed change would amend the county intake center’s use-of-force policy to state: “Once youth is secured in a cell, instead of holding him/her down in the prone position, close the cell and allow the youth to calm down.”

Lofton was held face-down for almost 45 minutes as corrections staff struggled to handcuff him on Sept. 24. He lost consciousness and died two days later.

Task force members also proposed development of an uninterrupted, 24/7 mobile mental health response system that can be dispatched by 911.

A number of recommendations call for significant funding increases to agencies and programs. No dollar amounts are specified.

The task force asks that crisis intervention training be required for all police supervisors, and that the city hire three full-time and three part-time mental health professionals to support the department.

Lofton’s foster father initially called 911 asking for a police escort to take the teen in for a mental health evaluation. After Lofton refused to go voluntarily and resisted being taken into protective custody, a WPD supervisor without crisis intervention training made the decision to take him to lockup.

Another Wichita officer changed his answers on a release form after learning his initial answers would have required police to take Lofton to the hospital.

The 23-person Sedgwick County Community Task Force to Review Youth Corrections Systems Standards includes representatives from COMCARE, racial justice organizations, the Wichita Children’s Home and numerous other groups.

Sedgwick County Commissioner Sarah Lopez, who attended Monday’s meeting along with Brandon Johnson and Mike Hoheisel of the Wichita City Council, said both governing bodies will report back in 90 days and at the end of the year about what changes they’ve implemented and how they plan to move forward.

“The next step is really, you guys are going to have to hold us accountable,” Lopez said. “We told you that we wanted you to give us these recommendations. We meant that, and now it’s time that we do our part in this and try to implement these as best we can moving forward.”

The task force was not given access to personnel records, subpoena power or the authority to interview the government employees involved in the foster teen’s death.

Task force member Tracey Mason said the county and city have an obligation to implement recommendations to the best of their ability, even if they are non-binding.

“I want some teeth to this thing,” Mason said.

“Others in the community have said this task force is just a task force, a PR stunt. What are you doing on there? Nothing’s going to come out of it. I want something to come out of it.”

Task force member Marquetta Atkins struck a somber tone, saying she wanted to bring Lofton’s humanity back to the forefront of discussion.

“The only person who was held accountable for CJ Lofton’s death was CJ Lofton,” Atkins said. “I think it’s really important that we uplift that and end this knowing that the reason why we came into this space is because a 17-year-old child was murdered in a mental health crisis.”

The task force previously penned a letter to the U.S. Department of Justice requesting an investigation into whether law enforcement or corrections officers violated Lofton’s civil rights during his arrest and detention. The DOJ confirmed that it conducted a review of Lofton’s death but would not confirm if an investigation had been opened.

Other recommendations:

• Increase Sedgwick County funding for the Juvenile Detention Facility to provide for core mental health services that also support the Juvenile Intake and Assessment Center
• Require a nursing staff person to be present at all times at the joint JDF/JIAC facility
• Create a citizen’s review board with “quasi-judicial powers” to oversee JDF and JIAC
• Require crisis intervention training for all JDF/JIAC workers
• Require police officers to keep body cameras recording through an entire incident, including the completion of paperwork

• Support the passage of HB 2468 and HB 2469, which establishes the foster youth and foster parent bill of rights and requires distribution to each foster youth and foster family

• Improve pay and diversity in recruitment and hiring for 911 staff
  
  

This story was originally published April 25, 2022 at 7:59 PM.