HomeMy WebLinkAbout08-04POLICE CITIZENS REVIEW BOARD
A Board of the City ofIowa City
410 East Washington Street
Iowa City IA 522401826
319 3565041
September 9 2008
To City Council sComplainant
Michael Lombardo City Manager
Sam Hargadine Chief of Police
Officers involved in complaint r7
G
K n
From Police Citizens Review Board
0
Re Investigation of PCRB Complaint 0804
This is the Report ofthe Police Citizens Review Boards the Board review ofthe
investigation of Complaint PCRB 0804the Complaint
BOARDSRESPONSIBILITY
Under the City Code ofthe City of Iowa City Section 887B 2 the Boazds job is to review the
Police Chiefs Report Report of his investigation of a complaint The City Code requires the
Board to apply a reasonable basis standard ofreview to the Report and to give deference to the
Report because ofthe Police Chiefs professional expertise Section 887 B 2 While the City
Code directs the Board to make Findings of Fact it also requires that the Boazd recommend that
the Police Chief reverse or modify his fmdings 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 Section 887B 2 a b c
BOARDSPROCEDURE
The Complaint was received at the Office of the City Clerk on May 1 2008 As required by
Section 885 B of the City Code the Complaint was referred to the Chief of Police for
investigation
The Chiefs Report was due on July 30 2008 and was filed with the City Clerk on July 30 2008
i
The Board met to consider the Chiefs Report on August 19 2008 and September 9 2008 The
Board voted to review the Chiefs Report in accordance with Section 887 B 1 a on the
record with no additional investigation
FINDINGS OF FACT
On February 1 2008 at approximately 0200 hours the Complainant was arrested for his
involvement in an altercation in the 500 block ofGilbert Street
Later in the day the Complainant picked up a complaint form from the Police Department At
156PMon May 1 2008 the City Clerk received the Police Citizens Review Board Complaint
form and on May 5 2008 it was assigned for investigation C V
vs mIALLEGATIONS
aTheComplainantsallegationsare r i1ni
C1EXCESSIVEUSEOFFORCEIMPROPERLYAPPLIEDHANDCUFFS a
The Complainant alleged that the handcuffs were applied too tight and he asked Offiers at
least twice to loosen the cuffs He also alleged that the arresting Officers slammed him
over the patrol car These allegations are made against Officers A B
2 INADEQUATE INVESTIGATION OF THE INCIDENT
The Complainant alleged that Officer A did not assess the situation but rather insisted that
he lie on the ground that he and his siblings were not allowed to give their side ofthe story
and his sister wasnot allowed to give a statement The Complainant also alleged that at no
time did the officer tell him what he was being charged with even after his persistent
asking
3 UNPROFESSIONAL BEHAVIORINAPPROPRIATE INTERACTION WITH A CITIZEN
The Complainant alleged that Officer C displayed disrespectful and rude behavior He also
alleged that Officer C got in the back seat of the patrol car to get face to face with him
arguing about the situation screaming at him numerous times and mocking his medical
condition
4 INTERFERENCE WITH A MEDICAL EMERGENCY
The Complainant alleged that his actions were due to excessively high blood sugar and that
z
Officer C waited almost 45 minutes before getting him medical attention He also alleges
that Officer C took the phone that the Emergency Treatment Center ETC nurse was using
to talk to his mother about his condition and put it in his pocket
POLICE DEPARTMENT INVESTIGATION
The Iowa City Police Department did an investigation of the allegations PCRB 0804 filed by the
Complainant on May 1 2008 The investigation report was filed with the City Clerks Office on
July 30 2008 and reviewed by the Board at the August 19 2008 and September 9 2008 meetings
To investigate the four allegations the police department interviewed the officers involved and
reviewed police incar videoaudio logs from all of the officers present at the scene Reports and
witness statements from that evening were reviewed Interviews were conducted with the
Complainant the Emergency Room nurse the Triage Nurse and the attending physician
Investigator called the Complainants brother and sister and left messages in an attempt to sclleSiule
interviews The messages were not answered and further attempts to contact these witnessesere
not answered
BOARD FINDINGS
3
Allegation 1 G r
TheBoazd finds allegation 1 to be NOT SUSTAINED due to the following
0
The incaz camera systems do not record the Complainant ever telling Officers that the
handcuffs were too tight
The incar camera systems record that the Complainant is leaned against the side of the patrol
carnear the trunk by the Officers
The Officer stated that the handcuffs were properly applied double locked and removed at the
hospital for medical treatment
The injuries that the Complainant experienced were consistent with properly applied handcuffs
where the person struggles leans back on or tries to manipulate the cuffs
Allegation 1s Conclusions
The handcuffs were applied in a manner that while handcuffed behind his back and seated
in a patrol car the Complainant was able to move around to the extent that he was able to retrieve
his cell phone from his pocket and make multiple calls or texts
Officer A was attempting to gain control of a volatile situation involving at least four people In
order to gain control of the situation Officer A is attempted to stop the subjects from fighting and
elimate their opportunity to flee Officer A had no immediate backup and his decision to order the
subjects to the ground was necessary and reasonable
Allegation 2
The Board finds allegation 2 to be NOT SUSTAINED due to the following
The incar camera system records Officer A arriving on the scene and ordering the subjects and
the Complainant to the ground to gain control
Officer A is directed to the Complainant by another subject and is told to tell him to stop
The incar camera system records officers discussing the circumstances of the incident with
those witnesses present and among themselves
Officer Ds recorder documents his speaking with the Complainants sister at the scene
Officer Bs recorder documents him talking with the Complainantssister and other witnesses
Officers A B tell the Complainant that he is under arrest because he didntget on the ground
when told to do so
Allegation 2 Conclusion
When attempting to break up fights in progress an Officer will usually begin with the person who
appears to be the primary aggressor Officer A arrived on the scene and was directed to the
Complainant by another subject The subject told Officer A to tell him to stop This lead Officer
A to reasonably conclude that the Complainant wasthe primary aggressor
Allegation 3
TheBoard finds Allegation 3 to be NOT SUSTAINED due to the following
At no time during the entire incident does any incar camera system record any Officer
mocking the Complainantsmedical condition
Incar camera system records Officer C getting in the back seat of the patrol car with the
Complainant to explain what is going on
The Complainant wont allow any discussion screaming over Officers attempts to tell him
what is going on with his medical supplies
The Complainant is told by Officer D what is happening with retrieval ofhis medical supplies
but he becomes more argumentative
Allegation 3 Conclusion
Officers tell the Complainant that they believe he has diabetes but the Complainant responds that
he doesntbelieve them He continues to demand answers but wontlisten when Officers explain
anything to him
Allegation 4 L
The Board finds Allegation 4 to be NOT SUSTAINED due to the following fti
r
4
t i
F ai
At no time does the Complainant indicate that he is having a medical emergency he did express
that he needed his medical kit available to him
The Complainant informed Officers that he had checked his blood sugar prior to leaving his
apartment to come help his sister and his blood sugar it was low
The Complainant left the house without doing anything about his blood sugar level but had a
snack immediately before the altercation
Officer C asked the Complainant if he wanted an ambulance and he replied that he wanted one
Officer C asked the Complainant if he wanted an ambulance based on Complainantsreference
to past medical history and not because Officer C observed any signs or indicators of medical
distress
The Complainant would not cooperate with EMT personnel
The Complainant was taken to UI ETC where he was uncooperative with the nursing staff also
The Complainant denied that he had chest pain fever nausea vomiting abdominal pain which
are all systematic ofdiabetic reaction needing medical attention
Allegation 4Conclusion
The Complainant appeared more interested in having his medical kit available to him than needing
immediate medical attention The Complainant stated that his brother had been arrested before and
they would not let him have access to his medical kit and he did not want that to happen to him
The attending physician was interviewed and asked if he felt that based on the Complainants
behavior the officer should have recognized that the Complainant was in need of immediate
medical attention The physician indicated he did not think so
Board Comments
The board noted that while the criminal complaint against the Complainant stated that the
Complainant admitted to drinking but denied it later such admission wasnot noted anywhere
in the Chiefs report or supporting documentation submitted to the board
r
n
a
7 c
5