Tahlequah Police Excessive Force Investigation Puts Officer on Leave
Tahlequah Police Excessive Force Investigation Places Officer Michael Gray on Paid Leave
A Tahlequah police officer has been placed on paid administrative leave while the department investigates his conduct during a September 24 arrest captured on body-worn camera. Officer Michael Gray was placed on leave effective September 29 after Police Chief Nate King reviewed video showing Gray threatening and insulting Levi Rogers before using force against him near a Whataburger on Downing Street.
The Tahlequah police excessive force investigation is now before the department's Use of Force Review Board, which will examine Gray's actions and determine whether they complied with department policy. Police emphasized that administrative leave is standard during an investigation and does not represent a finding that Gray committed misconduct. The review follows public criticism after portions of the body-camera footage became public.
Tahlequah Police Excessive Force Investigation Centers on Body-Camera Video
The September 24 encounter began near Downing Street and the Bertha Parker Bypass, where Gray approached Rogers while investigating an allegation that Rogers had thrown a drink at another person.
Body-camera footage shows the encounter becoming confrontational almost immediately.
Gray can be heard warning Rogers not to "f*** up on me" and threatening to dump him on his head if he did not comply.
When Rogers objected to Gray calling him "boy," the officer responded with additional profanity and insults. Reports describing the released video also say Gray used a racial slur during the exchange.
Less than two minutes into the encounter, Gray threatened to beat Rogers' head against a door before physically forcing him against a police vehicle. Video shows Rogers' head striking the vehicle during the confrontation.
Gray later told another responding officer that Rogers had kicked him in the shin during a pat-down. Reviews of the released footage have noted that the alleged kick is not clearly visible on the recording.
That does not by itself establish whether the kick occurred. Body-worn cameras can have limited angles and may not capture every movement during a physical encounter.
The Tahlequah Police Department is responsible for determining whether Gray's actions complied with departmental rules governing officer conduct and use of force.
Rogers has been described by community advocates as unhoused or otherwise vulnerable, although the central issue in the departmental investigation is the officer's conduct during the arrest rather than Rogers' housing status.
Chief Nate King Orders Use of Force Review Board Investigation
Chief Nate King initiated the internal investigation September 28 after reviewing Gray's arrest report and the body-camera footage.
Gray was placed on paid administrative leave the following day.
The department has convened its Use of Force Review Board to examine the incident.
The panel is being led by Assistant Chief Steve Arnall and includes Lt. Josh Girdner, Lt. Matt Frits and Detective Jason Girdner. Gray is also permitted to select a representative to participate in the process.
The board's responsibility is to evaluate the circumstances surrounding the use of force and determine whether Gray's actions were consistent with department policies, training and applicable law.
Administrative investigations of police conduct are distinct from criminal investigations. A finding that an officer violated department policy does not automatically mean a crime occurred, just as a determination that conduct was lawful does not necessarily establish that every departmental policy was followed.
National standards emphasize that law enforcement use-of-force decisions must be evaluated based on the circumstances officers face during an encounter. The U.S. Department of Justice's guidance on law enforcement use of force also explains the federal framework for investigating allegations that officers used excessive force or otherwise violated constitutional rights.
The Tahlequah review is currently an internal departmental investigation, and no final conclusion about Gray's conduct has been announced.
The department has not said how long the review will take.
Investigation Will Examine Force, Conduct and Officer's Account
The review potentially involves more than the moment when Gray physically forced Rogers against the police vehicle.
Investigators can examine the entire encounter, including Gray's language, threats, efforts to gain compliance, the level of resistance encountered, the force ultimately used and his subsequent account of what happened.
Body-camera footage is expected to play a central role because it provides investigators with a contemporaneous record of much of the encounter.
The Oklahoma Council on Law Enforcement Education and Training establishes statewide training and certification requirements for Oklahoma peace officers, while individual law enforcement agencies maintain their own policies governing employee conduct, discipline and use of force.
The legal standard for excessive force is separate from those internal policies.
Under the U.S. Supreme Court's Fourth Amendment framework, courts generally evaluate force used during an arrest under an "objective reasonableness" standard that considers the facts and circumstances surrounding the encounter rather than judging an officer's actions solely with hindsight.
No court has determined that Gray violated that standard in the September 24 arrest.
Likewise, the existence of disturbing or controversial video does not replace the department's formal review process. Investigators must evaluate the complete footage, reports, witness information and other available evidence before reaching conclusions.
King's decision to place Gray on leave removes the officer from regular duty while that process takes place.
The department has specifically characterized that action as standard procedure rather than discipline, meaning Gray's employment status should not be interpreted as evidence that the allegations have already been substantiated.
The Use of Force Review Board will now determine whether the actions captured during Rogers' arrest complied with Tahlequah Police Department requirements and what, if any, additional administrative action should follow.
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