Mack Blackie spent 31 days in a Rhode Island jail for a crime he did not commit because he was unable to afford the $100 bail.
And even after a case worker raised the money for him to be released, it still took another three months for the felony charges of breaking and entering to be dismissed against the 36-year-old Black man.
And only because the witnesses to the crime – whom police had claimed identified him as the suspect – took one look at Blackie during a court hearing and said he was not the man who broke into their apartment.
Last week, Blackie filed a notice of claim against the city of Woonsocket, the precursor to filing a lawsuit, demanding more than $100,000 in damages for having his civil rights violated. The real suspect is a Black man known only as “Black” who has yet to be arrested, according to Rhode Island Public Radio.
The initial break-in took place on Aug. 22, 2022, when the suspect walked into the apartment of husband and wife, William Grover, 62, and Veronica Higbie, 49, claiming someone inside the apartment had his phone.
Another resident handed the man his phone, and the man took the phone and walked out of the apartment, kicking the door open and leaving it damaged, according to the police report.
Grover described the suspect to police as a 6-foot Black man wearing a hoodie who goes by the name “Black” whom he only knew in passing because he would frequently walk down the street they lived on. He assured the cop he would be able to identify him.
“I listed Mack Blackie as possible suspect only because I believe that is his nickname. This case will be forwarded to detectives,” wrote Woonsocket Police Officer Matthew J. Labine in his report.
Blackie, a Liberian immigrant, fell on hard times in 2019 when he lost his job working for a delivery truck for a food distributor, according to Rhode Island Public Radio.
He then became homeless during the pandemic, falling deeper into alcohol addiction. He said the booze helped him deal with the stress of living on the streets.
The Arrest
The case was handed to Woonsocket Police Detective Timothy M. Hammond, a 17-year veteran of the police department, who drove to the couple’s apartment on Aug. 30, 2022, to continue the investigation.
Hammond assured Grover that he would schedule a photo lineup to help him identify the suspect, but he never did, nor did he ever show the victims a photo of Blackie to confirm he was the right suspect.
Instead, Hammond claimed in his report that Grover told him he “immediately recognized (the suspect) as being Mack Blackie.” Hammond also claimed that Higbie also identified the suspect as Blackie.
But the notice of claim states that the detective never even met with Higbie that day.
That same day, Officer Hammond wrote and submitted a false Affidavit to the State of Rhode Island Sixth Division District Court as part of his request that an Arrest Warrant be issued for the arrest of Mack Blackie for committing the B&E. In his Affidavit, Officer Hammond falsely stated that Mr. Grover and Mrs. Higbie identified Mr. Blackie as having committed the B&E. However, at no point in time on August 30, 2022, or at any other time during the City’s investigation into the B&E did Mr. Grover or Mrs. Higbie state to Officer Hammond, or to any other police officer, that Mr. Blackie committed the B&E. In fact, Officer Hammond never even met with Mrs. Higbie as part of his investigation.
Woonsocket police arrested Blackie the following day in front of the local library.
“I say warrant for what?” Blackie responded to the cop, according to Rhode Island Public Radio.
Blackie said the cop told him, “When you go to the judge, ask the judge.”
But Blackie collapsed on the courtroom floor the following day due to complications from alcohol withdrawal, so he was transported to a hospital where he remained for nine days shackled to a stretcher. Police had temporarily withdrawn the arrest warrant, so he was released into the streets.
He said he then spent the next six weeks sober, trying to find work and a permanent place to live before he was arrested again after police refiled the warrant. And because he was unable to afford the $100 bail, he remained incarcerated for 31 days.
The bail was eventually raised by a caseworker for a local nonprofit, and Blackie was released from jail on Nov. 23, 2022, according to the notice of claim.
Case Dismissed
But it was not until three months later when Blackie attended a court hearing on Feb. 27, 2023, that was also attended by Grover and his wife, that the couple was finally able to confirm they had arrested the wrong man.
The notice of complaint accuses the Woonsocket Police Department of failing to train and supervise its officers to respect the civil rights of citizens.
As a direct and proximate result of the aforesaid unlawful acts of agents of the City and the failure of the City to properly select, train, discipline and/or supervise members of its Police Department, Mr. Blackie suffered injuries and has and will continue to endure pain and suffering, emotional distress, and deprivation of his constitutional and common law rights. The City’s said failures are particularly evidenced by Officer Hammond’s failure and/or refusal to facilitate a photo line-up to identify the suspect who actually committed the B&E. That Officer Hammond, a police officer with approximately fifteen (15) years of experience, knew that he was required to conduct the photo line-up and knowingly failed and/or refused to do so is demonstrated by his own Witness Statement pertaining to his meeting with Mr. Grover on or about August 30, 2022, in which he wrote, “[a]n appointment will be scheduled to view a photo line up.” The City’s said failures are also evidenced by the falsehoods Officer Hammond knowingly made in his Affidavit.
“That’s not him,” Higbie said after spotting Blackie in the courthouse hallway, according to Rhode Island Public Radio. “If they had showed me pictures of the young man right here, I would have definitely, like, known that’s not him.”
She then turned to Blackie and said, “I am so sorry, honey. I am so sorry. This was never you.”
“I don’t feel like putting somebody who’s innocent in jail,” Higbie added when outside the courtroom.
“I was so happy when she said that,’’ Blackie said later. “And also happy like, ‘Oh God, thank you so much.’ ”
Hammond ended up suspended without pay for ten days and demoted to patrol officer for falsely arresting Blackie, according to Rhode Island Public Radio.
But Steven Brown, executive director of the American Civil Liberties Union of Rhode Island, told Rhode Island Public Radio that dismissal of the charges and discipline towards the officer is not enough to remedy what Blackie has gone through.
“He lost a month of his life in prison for no good reason,’’ Brown said. “The police ought to be doing a lot more than simply dropping these charges. They ought to be investigating how this happened in the first place.’’
