The day before what would have been Melissa Boarts’ 37th birthday, her family and several supporters insisted the city return her personal belongings — still held by the Auburn Police Division — and questioned the validity of police footage released to the family.
At Tuesday’s council meeting, supporters wearing T-shirts printed with Melissa’s face called for action and speculated about the APD’s abilities and transparency, while the members of the City Council refuted some of the accusations and voiced support for the police division.
Michael Boarts, Melissa’s father, pressed the council for an update on receiving her belongings — her flip-flops, driver’s license, lip balm and cell phone — from the APD. The family addressed the council about the items at the Oct. 4 meeting as well.
“We’ve been in consultation with our attorney,” said City Manager Charles Duggan. “He advised us that since this is part of a civil lawsuit, that this is regarded as evidence and that it’ll be held at this time.”
The family asked why the personal items are still being held because of the lawsuit when the police division has released other information, including police footage of the incident, to the Boarts’ attorney.
“Can anybody explain to me why you guys are holding it because of a lawsuit?” Michael asked. “That makes no sense to me.”
Michael and Terry Boarts, Melissa’s mother, further pressed the council for an answer, and Michael turned to Duggan for a response.
“I’ve already made our statement,” Duggan said. “That’s all we’re authorized to say at this time.”
Auburn Police Chief Paul Register said the family will receive the items “at the proper time” and through the “proper channels.”
“I want them to have that ability to see it, but it’s just not able to happen right now,” he said. “But I intend to see that they have those items.”
Melissa was shot on Red Creek Road in Macon County on April 3, after her parents called police when she got in her car and began driving erratically on Interstate 85.
Police said she then charged officers with a lock-blade knife, and two officers fired at her, with one shot hitting her in the chest and killing her. A Macon County grand jury ruled the shooting justified in August after the Macon County district attorney's office presented evidence from an investigation conducted by the Alabama State Bureau of Investigations.
But the Boarts filed a lawsuit in the Circuit Court of Macon County against the the City of Auburn for wrongful death and assault and battery.
Melissa had seizures since she was 15 and began suffering from bipolar disorder in her early 20s, Terry told The Plainsman last month. In her 30s, Melissa was diagnosed with post-traumatic stress disorder and manic depression, she added.
The APD gave Julian McPhillips, the Boarts' attorney, footage of the incident near the end of September, McPhillips said on Oct. 5.
But the family and supporters also believe the Boarts received only partial footage from the APD and called on the city to release video from the other vehicles at the incident. Melinda Boarts, Melissa’s twin sister, said she posted the video to Facebook.
“They’ve received all the videos,” Duggan affirmed. “They have no basis to say that [they have not received all the video]. They have received all the videos.”
Duggan also refuted claims from supporters that the video was edited and that the family did not receive all the footage.
“The video has not been edited,” he continued. “It was all turned over to their attorney. Every bit of the video has been turned over to their attorney.”
After the crowd murmured in disagreement, a supporter asked Duggan if that was his official statement on the matter, to which he said, “That’s the truth.”
Terry said she hopes the APD is using some if its funds to “better train the officers they already have.”
“And to me, I want to say, shame on the Auburn police department for the way you handled this situation because you could have handled it so much different,” she added.
John Lawrence, of Montgomery, asked the council if something positive could come of the situation.
“Is there something that came from this — some kind of good that came from [it], as far procedure or protocols that you guys could insist or new training as far as dealing with people with mental disabilities?” he asked. “You have nearly 30,000 students who are enrolled on campus in Auburn, Alabama. How many of those people have disabilities? I mean, is the same outcome going to be the same as it was for Melissa?”
Register said the APD has training every month and is continually seeking new training, including training on use of force and interaction with those suffering from mental illness.
“We’ll continue to do what we’ve been doing about training,” he said.
Despite the criticism from speakers at the council meeting, several council members voiced their support of the APD.
“Frankly, I understand their grief and all, but I take offense to some of the things that were said tonight,” said Ward 8 Councilman Tommy Dawson, former APD chief. “I think our chief of police, Paul Register, does a fine job. We have some fine men and women at the police division, and I support it and always will.”
Ward 1 Councilman Clemon Byrd agreed.
“I’m proud to have worn that uniform. Very proud,” Byrd, who also worked at the APD, said. “And you guys do a good job.”
Though Register said supporters had stated many inaccuracies, he sympathizes with the family.
“I think they’re good people who are just grieving,” he said. “They went through a lot.”
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