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HomeMy WebLinkAbout22-09COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 DATE: December 14, 2022 =' To: City Council Y Complainant µ City Manager i Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #22-09 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-09 (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, because of the Police Chiefs professional expertise. (Iowa City Code Section 8- 8-7(B)(2). 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police 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 July 04, 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 Chief's Report was filed with the City Clerk on October 12, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chief's report. No reply was received to the Chief's report. The Board met to consider the Report on November 15, 2022, and December 13, 2022. Prior to the November 15, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chief's report, and to watch and listen to body worn camera and in -car camera footage showing the interactions between the officers and the complainant. The Board voted on November 15, 2022 to apply the following Level of Review to the Chiefs Report: Level a, On the record with no additional investigation., pursuant to Iowa City Code Section 8-8-7(13)(1)(a). The Board voted again on December 13, 2022 to expand the level of review to 8-8-7(B)(1)(d) (request additional information by the Police Chief or City Manager or request police assistance in the Board's own investigation). Having reviewed video evidence prior to the November 15 meeting, and after further review on December 13, 2022 the Board had sufficient knowledge to make a determination regarding this complaint. FINDINGS OF FACT: On July 2, 2022, at approximately 11:17pm, officers approached a group of people standing outside a downtown bar. One of these individuals had been reportedly harassing others and was repetitively instructed by officers to leave. This was the third complaint that night concerning this individual. The individual initially crossed his arms, asked the officer to say "please", and said if arrested he would bailout. The officers responded to these delaysaa d refusals by continuing to instruct the individual to leave. The individual eventually left the front of the bar and was traveling away when he yelled `.`fuck' y'all" and said that he would return. He continued to skate on the pavement. Officer:A then quickly ran towards the individual and tackled him from behind, taking the indivitluali to:tbe ground. Officer A did not advise the individual that he was not free to leave prior to exeGuting the take -down. The individual struggled with Officer A and B by trying to pull his arms away during handcuffing. Officers placed the individual under arrest. The individual asked whet he was under arrest for, and one officer originally said "trespass". When the individual replied, "I did not go inside", the officer responded with "ok, disorderly conduct." The complainant then approached officers demanding to know why the individual was tackled and what he was being arrested for. The complainant filmed the interaction and asked for badge numbers, which Officer B readily provided, but Officer A refused to. Neither Officer was able to supply cards. Officer A responded to the Complainant's concerns about the use of force and arrest with statements such as "again I appreciate your years of law enforcement" and "it doesn't sound like you want to be educated." Officers moved the individual to another location to perform a breathalyzer and continue processing. Officers then interviewed bar staff and spoke with other individuals while the Complainant continued to interrupt and question them. Officers completed processing and transported the arrested individual to the County Jail. COMPLAINANT'S ALLEGATION #1 — Excessive Force Chief's conclusion: Sustained (Officer A) Board's conclusion: Sustained Basis for the Board's conclusion: The complainant alleged that Officer A had used excessive force when apprehending the subject. The Board agreed with the chiefs report which stated Officer A performed a takedown on Subject one without advising him to stop or letting him know he was no longer free to leave. The board concluded the same results as the chief did as to the allegation of excessive force. COMPLAINANT'S ALLEGATION #2 — Unlawful Arrest Chief's conclusion: Not Sustained Board's conclusion: Not Sustained Basis for the Board's conclusion: The complainant alleged that Officer A arrested subject one unlawfully. In the chief's report, it seemed to focus on subject one's intoxication. The chief's report also mentions how the subject one's behavior prior to police arriving warranted the arrest and that subject one threatened to return and try and start fights. The board discussed whether the police could detain subject one again after letting him go. The board agreed that there was sufficient probable cause for the arrest. COMPLAINANT'S ALLEGATION #3 —Discourtesy Chief's conclusion: Sustained Board's conclusion: Sustained Basis for the Board's conclusion: The complainant alleged that Officer A was discourteous to the complainant. The Board agreed with the Chief that the officer should not have engaged with the complainant. It would have been best practice for the officer to identify himself and refer the complainant to a supervisor if there were further questions. The officer's statement "I appreciate your years of experience in law enforcement and helping me out, but I don't need it," was unprofessional. COMPLAINANT'S ALLEGATION #4 — Failure to Identify Chief's conclusion: Not Sustaineda Board's conclusion: Not Sustained Basis for the Board's conclusion: Current policy states that the uniform may serve as proper identification. Officer A's name and badge number were displayed on his uniform. The chief has stated that policy change will be evaluated to include verbal identification when requested. Finding no violation of current policy, the board affirms the Chief's decision and finds this allegation not sustained. COMPLAINANT'S ALLEGATION #5 — Biased — Based Policing Chief's conclusion: Not Sustained Board's conclusion: Not Sustained Basis for the Board's conclusion: On -camera interviewees shared that there had been ongoing issues with the arrested individual (black male) throughout the night. The Chief's report states that the complainant (white female) "screamed" at the Officers and used obscenities towards them, (which is some of the same conduct that the arrested individual engaged in), but the complainant was not arrested. The complainant alleged racial bias. The Chief stated that not arresting the Complainant and further escalating the situation was appropriate. The Board affirms this determination and finds the complaint not sustained. COMMENTS: The Chiefs report states that Officer A's touching of his firearm was a common weapon retention reaction, was not unreasonable, and was not done in an aggressive or threatening manner. Such an action can be intimidating and frightening for many individuals.