NEW HANOVER COUNTY — Following a petition filed by WECT, a Superior Court judge has ordered the release of body camera footage of an incident where a Wilmington Police Department Lieutenant left his child naked and alone in a car while he was in a bar and restaurant.
Watch the video, obtained by WECT, here.
The incident took place in October at the Ogden Tap Room’s Oktoberfest celebration on the evening of October 19. Lieutenant Matt Malone’s 8-year-old daughter was apparently seen urinating naked in the parking lot; when a concerned caller contacted 911, several deputies from the New Hanover County Sheriff’s Office were dispatched.
Related: Wilmington PD suspends lieutenant who left daughter naked and alone outside Ogden bar
No charges were filed, and although Pender County Social Services was notified (because Malone lives in Pender County), it doesn’t appear any child neglect investigation was launched. Earlier this month, Malone was suspended for a short period of time by the Wilmington Police Department; the suspension was ‘disciplinary,’ although officials in the department would not confirm it was related to the incident.
Below: A sample of the video
Unlike many other public records, recordings held by law enforcement agencies are not public records. In 2016, the North Carolina General Assembly passed S.L. 2016-88, which sealed these records. Even if law enforcement agencies wish to release them, they often cannot. The public’s only recourse is to petition Superior Court for their release.
The following six factors can be considered in deciding whether or not to release footage:
- If the person requesting disclosure of the recording is a person (or a representative of a person) whose image or voice is recorded
- If the recording contains information that is otherwise confidential or exempt from disclosure or release under State or federal law.
- If disclosure would reveal information regarding a person that is of a highly sensitive personal nature.
- If disclosure may harm the reputation or jeopardize the safety of a person.
- If disclosure would create a serious threat to the fair, impartial, and orderly administration of justice.
- If confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation.
In this case, WECT petitioned New Hanover County Superior Court, arguing that the release of the video would serve the public interest. Senior Resident Superior Court Judge Phyllis Gorham agreed, then ordered the body camera footage released. A total of about 30 minutes of video was released — however, some of the audio and images of Malone’s daughter has been redacted. The body cameras are also turned off at several points in the video.
WECT anchor Ashlea Kosikowski, who filed the petition, encouraged viewers to draw their own conclusions about the contents of the video, which you find here.
It’s worth noting that the deputy who first sees Malone seems to recognize him — the deputy greets Malone, “hey, what’s happening man.” Malone then explains that his daughter got her clothes wet playing on a slide set up as part of the Oktoberfest event, and that his daughter then asked to sleep in the car.
