The family of the man who died recently while being subdued by police on Central Avenue have issued a statement.

The family of Lester Vaughn Prater said they have many questions about the case and said the Chattanooga Police have a history of use of aggressive force.

Here is the complete statement:

After careful consideration, we have determined it necessary to document our concerns regarding certain troubling aspects of the reported incidents and investigation of this case.

While our family awaits the result of a toxicology report in connection with the death of our son, 37 year old Leslie Vaughn Prater, we would like to ask that members of the media and general public continue to closely monitor and scrutinize the investigation of his demise who police say resisted when he was being taken into custody on Friday January 2, 2004.

Four officers have been placed on paid administrative leave in the case. Police initially said there were three white officers involved.

Police first said our son was believed to be over six feet tall and weighed over 300 pounds. He is actually 5'11" and weighed approximately 230 pounds.

Chief Jimmie Dotson said at the January 3, 2004 press conference that:

"The investigation into the death of 37-year-old Leslie Vaughn Prater is still in the early stages.

"As is always our procedure in incidents such as this, complete and thorough investigations are being conducted by the Chattanooga Police Department Major Crimes Division, the Internal Affairs Division, and by the Tennessee Bureau of Investigation. When those investigations are completed, the results will be shared with you, as has been our practice.

" [T]here are several things known at this point:

"Police were first called around 6:47 by someone complaining of a naked man in the streets. According to the caller, Mr. Prater parked his car, got out, stripped, and began running around the area, yelling.

"Less than 10 minutes later, officers arrived and made contact with Mr. Prater, then attempted to take him into custody for further investigation.

"Officers retrieved Mr. Prater’s pants and asked him to put them on. He refused to be cooperative and resisted being taken into custody.

"Two officers did use pepper spray on Mr. Prater, but to no effect. During the scuffle, officers made the decision to call for an ambulance to respond to the scene. This was before Mr. Prater lost consciousness. I commend the officers for their foresight.

"The decision to call the ambulance was due to the fact that something was obviously wrong with Mr. Prater, from either a medical or mental standpoint.

"Also, because of his size, it was going to be difficult to transport him in the back of a patrol car; an ambulance is much larger and would make transport much easier.

"Thirdly, officers recognized that given all the factors in this incident, having medical personnel on the scene would be prudent.

"When Mr. Prater lost consciousness, one of the officers on the scene got an AED — an Automatic External Defibrillator — out of his patrol car but before it could be used, paramedics were on the scene. They treated him there, then transported him the few blocks to Erlanger a short time later. He was pronounced dead at 10:05.

"As I stated earlier, the investigations into this incident are just beginning.

"Our desire is to be as transparent as possible in all cases, especially when someone resisting arrest ends in their death.”

According to the Community Coalition, based upon their investigation(s) and various media reports, the Harris case is very instructive with regards to why investigations and public information released by the Chattanooga Police Department should be closely scrutinized. In our communications with the Coalition, we were made aware of certain facts regarding past investigations that they believed were important to our understanding of police community relations here in Chattanooga. The following is information relayed to us from the Coalition:

Torris Harris, a resident of Chattanooga, died Wednesday, Dec. 26, 2001, during a routine traffic stop. Harris was 5 feet 6 inches and weighed 213 pounds.

The incident began when an officer spotted a broken window on what he thought might have been a stolen vehicle. He checked the license plate on the Jeep Cherokee, and computer records showed the plate belonged on a station wagon. The officer pulled the Jeep over to speak with the driver, 21-year-old Torris Harris.

Police spokesman Ed Buice said Harris "pulled into the driveway of a home on Foust Street, near Hickory Street. He got out of the Jeep, told the officer that he had run out of gas and said he had gone to ---“a friends house”---to get some more gas.

The initial statement released by the CPD and the officers involved stated the following:

"Harris reportedly tried to walk away from the officer, toward the back of the house, but came back when he found a fence and dogs blocking his path.

At some point the officer tried to subdue Harris using pepper spray. In the melee the officer also sprayed himself in the eyes, causing him to become disoriented.

"Other officers began to arrive at the scene as the struggle continued. The witnesses say the officers urged Harris to 'calm down' and 'stop resisting' but say Harris did not stop until he was finally handcuffed. At about that time Harris lost consciousness.

"The handcuffs were immediately removed and officers attempted to revive Harris using a police department-issued automated external defibrillator. The AED did not revive Harris. At about this time an ambulance arrived and paramedics worked on Harris exhaustively before transporting him to Erlanger, where efforts to revive him continued, albeit unsuccessfully."

On Jan. 24, 2002 Dr. Kessler of the Hamilton County Coroner’s Office officially ruled Torris Harris' manner of death as a homicide. The cause of death was determined to be blunt neck compression with obesity as a contributing factor. Dr. Kessler said that Harris' heart also showed signs of enlargement and hardening of the arteries. Other factors contributing to his death were said to be the physical exertion of struggling with the officers, and being sprayed with mace.

The report stated that with the assistance of a concerned citizen, Officer McCommon was able to remove Harris from the Jeep and onto the sidewalk, face down. The citizen, Charles R. Kinsey, had Harris in a chokehold, but he continued to struggle. The officer sprayed mace for the second time, but maced himself in the process.

During the ensuing struggle, Harris rolled over and an officer punched him on the nose. With attempts still being made to restrain him, Harris bit another officer's hand. One of the officers delivered several blows to the back of Harris' head. He stopped struggling, and was handcuffed.

Case investigator Sgt. Tim Carroll concluded in the report, "This investigation revealed that Torris D. Harris died as a result of a violent and aggressive struggle with five Chattanooga Police Officers and one civilian who were attempting to subdue him by means of non-lethal force. Unfortunately, the force used was sufficient to cause death. Although the death of a person occurred ultimately at the hands of police, I find no criminal intentions existed that the police officers or the civilian planned or intended to cause the death of Torris D. Harris on December 26, 2001."

Despite the fact that Mr. Harris was repeatedly punched, held face down, maced and placed in a choke hold, the Chattanooga Police announced that there was insufficient evidence to warrant criminal prosecution in the death of Torris Harris. Mr. Harris died on December 26, 2001, while resisting arrest by Chattanooga police officers.

According to information gathered from various sources we estimate that approximately 48 individuals have lost their lives at the hands of either Chattanooga Police, local law enforcement or correction officials while in their custody since 1980. During this 24-year period not one criminal indictment or charge has issued from the 11th Judicial District with the exception of the recent charge concerning Chattanooga Police Officer Christopher Gaynor.

Not unlike the Harris case, recent statements from Police Department spokespersons concerning the demise of our son, Leslie Prater, have been both inaccurate and inconsistent regarding the facts that we have been made aware of since the occurrence of this tragic incident.

The Chattanooga Police Department has an obligation to protect and serve every person in every community in the City of Chattanooga, regardless of race, age, income or appearance. This atmosphere where Public Service Agencies and Departments condone their agents’ and officers’ use of excessive force as a first alternative in conflict resolution should not go unchallenged.

We believe that certain policies and training practices of the Chattanooga Police Department may be the underlying cause of certain aspects of police behavior and their irresponsible use of excessive force. Our common sense dictates to us that an Agency that has a history of condoning the illegal use of force, the misapplication of force, should be closely scrutinized to do a proper investigation under circumstances where a finding of improper conduct would have an adverse impact on their present operation and future reputation. We believe that the exclusive reliance upon the evidence presented by a department that has the greatest interest in the outcome of the findings suggest an inherent bias and provides a strong incentive for our family to continue to ask legitimate questions of the Department’s public reporting and to insist that all information uncovered during this investigation be shared with us. Only then can we be confident in an unbiased and objective review of the facts and circumstances surrounding appearances of improper and excessive use of force.

Until that time we are committed to share our information with the general public. We further encourage you to come forward with any information that you may have in this regard.