HomeMy WebLinkAbout22-02COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319) 356-5041
Date: May 10, 2022
To: City Council
Complainant
City Manager
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #22-02
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #22-02 (the "Complaint").
BOARD'S RESPONSIBILITY:
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City
Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis standard of
review. This means that the Board must give deference to the Police Chiefs report, hiecause of the
Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(13)(2)).)=
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend -that th-e Polioe°Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary, or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state,
or local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE:
The Complaint was initiated by the Complainant on January 20, 2022. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chiefs Report was filed with the City Clerk on March 11, 2022. As per Section 8-8-6(D) of the City
Code, the Complainant was given the opportunity to respond to the Chiefs report and did not do so.
The Board voted on April 12, 2022 to apply the following Level of Review to the Chiefs Report: On the
record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a).
The Board met to consider the Report on April 12, 2022 and May 10, 2022.
Prior to the April 12, 2022 meeting, the Board had the opportunity to review the complaint, the Police
Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the
interaction between the officers and the complainant and the complainant's child.
FINDINGS OF FACT:
On December 2, 2021, officers received a report of a subject armed with a knife threatening people at
the neighborhood center. Upon officer's arrival, the subject had left the area. Officers then observed a
person running with a knife, and this person appeared to be following another individual. The officer
ordered the person to stop, and realizing this was a child, he pulled his taser as opposed to his
weapon. The officer ordered the child to drop the knife and lay on the ground. Further investigation led
officers to the complainant's residence, where it was determined the complainant had threatened
individuals at the neighborhood center, and after leaving, gave the knife to the child. Thi§ complainant
was arrested, and custody of the child turned over to the other parent. The child was n4 charged as it
was later believed the child was not running after anyone, and was running away. with tlie�knife, while
others were running away. ' Y
COMPLAINANT'S ALLEGATION #1 — Excessive use of force.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's Conclusion:
The complainant alleges excessive force was used on the minor child, and that officers slammed the
child down, sprayed the child with pepper spray, and took the knife from the child. The officer who
encountered the child followed department policy when he pointed his taser at the child and did not
slam or touch the child while the child was laying on the ground, nor did the officer use pepper spray.
The officers also did not take the knife from the child's pocket. A review of the video from responding
officers supports this conclusion.
COMPLAINANT'S ALLEGATION #2 — False arrest.
Chief's conclusion: Not sustained
Board's conclusion: Not sustained
Basis for the Board's Conclusion:
The complainant alleges being arrested for something the complainant did not do. The arrest was
based on multiple victim and witness statements, the complainant's statements, and observations from
the officers. Officers were accommodating to the complainant and family, and there was no force used
during the arrest. A review of the video from responding officers supports this conclusion.
COMMENTS:
None
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