HomeMy WebLinkAbout04-03FINA LAPPR0VED
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washin9ton Street
Iowa City IA 522401826
3193565041
TO City Council
Complainant
Stephen Atkins City Manager
R J Winkelhake Chief of Police
Officers involved in complaint
FROM Police Citizens Review Board
RE Investigation of PCRB Complaint 0403
DATE March 8 2005
This is the Report of the Police Citizens Review Boardsthe Board review of the
investigation of Complaint PCRB 0403 the Complant
BoardsResponsibility
Under the City Code of the City of Iowa City Section 887B2 the Boards job is to
review the Police ChiefsReport Report of his investigation of a complaint The City
Code requires the Board to apply a reasonable basis standard of review to the Report
and to give deference to the Report because of the Police Chiefsprofessional
expertise Section 887B 2 While the City Code directs the Board to make findings
of fact it also requires that the Board recommend that the Police Chief reverse or
modify his findings only if these findings are unsupported by substantial evidence are
unreasonable arbitrary or capricious or are contrary to a Police Department policy or
practice or any Federal State or Local Law Sections 887B 2 a b and c
BoardsProcedure
The Complaint was received at the Office of the City Clerk November 8 2004 As
required by Section 885of the City Code the Complaints were referred to the Chief of
Police for investigation
The Chiefs Report was due on February 7 2005 and was filed with the City Clerk on
February 12005
PCRB 0403
Page 1
FINA IAPPR 0VED
The Board voted to review the Complaints in accordance with Section 887B1aon
the record with no additional investigation
The Board met to consider the Report on February 8 2005 and March 8 2005
Findinqs of Fact
in the fall of 2004 the complainant was stopped for a traffic offense by Officer A of the
Iowa City Police Department Officer A stated the complainant was observed operating
a motor vehicle in the 1900 block of Broadway Street and Officer A knew that he did not
have a valid license to operate motor vehicles in Iowa Upon approach to the vehicle
Officer A observed that the complainant had put something into his mouth Officer A
believed this was done in an attempt to conceal an item When Officer A asked the
complainant what was in his mouth the complainant fled from Officer A After a foot
pursuit of approximately 12 blocks the complainant was apprehended and taken down
by Officer A The complainant stated in his complaint that he had stopped fleeing and
surrendered to Officer A prior to being apprehended and taken down to the pavement
After being physically apprehended the complainant continued to resist the lawful
attempts of Officer A to control him Iowa City Police Department Officer B came to
assist Officer A in controlling the complainant Officer B stated that the complainant was
already taken down to the pavement by Officer A prior to his arrival and that the
complainant was resisting Officer A Officer B helped Officer A control the complainant
through control techniques applied to the back and back of head areas of the
complainantsbody Extensive written training documentation was supplied to the Board
as to the control techniques utilized during this apprehension
The complainant through his written complaint stated he believed the use of force
applied against him during this incident was excessive He stated he repeatedly told the
officers involved that he could not breathe An Interview Report supplied to the Board
supported the claim that the complainant expressed his concern of his inability to
breathe to the officers In the interview conducted by the Iowa City Police Department a
witness stated he heard the complainant telling the officers he could not breathe The
complainant believes his inability to breath during the incident was due to the force used
by the officers The complainant also stated he had sustained superficial injuries to his
face during the arrest
Although the Officersidentification numbers used in this complaint and report were not
on the copies of the Use of Force Reports received by the Board it is believed by the
Board through reasonable deduction that the Use of Force Report of Officer B stated
that both Officer A and the complainant sustained superficial injuries This is supported
PCRB 0403
Page 2
FINALAPPROVED
on the first page of the report in the fact that under Suspect Injuries there is an x in
the box next to and to the left of Superficial In the same report under Officer
Injuries the box next to and to the left of Superficial also has an x in it
The Use of Force Report deduced to be completed by Officer A supports the
observations of Officer B by also indicating that both Officer A and the complainant had
sustained superficial injuries This information was indicated on the first page of the Use
of Force Report of Officer A by the xing of the same boxes for injuries to the suspect
and to the officer On the second page of Officer As Use of Force Report the officer
states in the written Circumstances surrounding the use of said force area of the report
that abrasions to one of the complainant elbows and to the right side of his forehead
were observed In an Incident Report also believed written by Officer A it is stated in
the narrative of the report that Officer A received cuts on my knuckles Also on the
second page of Officer As Use of Force Report included in the EffectsResults of said
use of force the officer states that Defendant was arrested with only superficial injuries
to the def and officer This statement not only documents what injuries occurred during
the arrest but also suggests that officer A did not believe these injuries to be
inconsistent with the type of incident since the officer referred to the injuries as only
superficial
Conclusion
By unanimous vote the Board set the Level of Review for this complaint at 887B1 a
believing there to be enough information in the Chiefs report and other attached
materials to allow the Board to come to an informed conclusion The Board finds that
the use of force and all control techniques utilized by Iowa City Police Department
Officers A and B during this apprehension and arrest to be appropriate and consistent
with the training of the Iowa Law Enforcement Academy and the Standard Operating
Guidelines of the Iowa City Police Department in regard to use of force and control
techniques The use of force was reasonable as perceived by a reasonable officer on
the scene rather than 2020 vision of hindsight as per Section 70218 of the Code of
Iowa and OPS032 of the Iowa City Police Department operational guidelines The
Board concludes that there is nothing in either the Chiefs Report to the Board or the
complaint from the complainant that would lead to the conclusion that force above what
was reasonable given the situation was utilized by either Officer A or B
The Board concludes the findings of the Chief of Police are supported by substantial
evidence are reasonable not arbitrary or capricious and are consistent with Police
Department policy and practice and any Federal State or Local Law
PCRB 0403
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FINA LAPPR0 VED
Alleqation 1 Use of excessive force not sustained
The Board has no cause to suspect or believe that Officer B used excessive force in this
apprehension Allegation 1 against Officer B is not sustained
Comment
It was noted by the Board that the two complaints originally made by the complainant
were contained in one allegation in the Chiefsreport The Board found this
condensation of allegations to be consistent with the complainantsoriginal complaint
and concerns
PCRB O4O3
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