HomeMy WebLinkAbout08-09POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 522401826
319 3565041
March 10 2009
To City CouncilsComplainant T
Michael Lombardo City Manager 4
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Sam Hargadine Chief of Police rr
Officersinvolved in complaint r C
From Police Citizens Review Board v
Re Investigation of PCRB Complaint 0809
This is the Report of the Police Citizens Review Boards the Board review of the
investigation ofComplaint PCRB 0809 the Complaint
BOARDS RESPONSIBILITY
Under the City Code of the City of Iowa City Section 887B 2 the Boards 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 of review to the Report and to give deference to the
Report because of the Police Chiefs professional 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 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 887 B 2 a b c
BOARDS PROCEDURE
The Complaint was received at the Office of the City ClerkonOctober 10 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 January 8 2009 and was filed with the City Clerk on January O5
2009
The Board met to consider the Chiefs Report on February 10 2009 and March 10 2009 The
Board voted to review the Chiefs Report in accordance with Section 887B 1 a on the
record with no additional investigation
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1ALLEGATIONS
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This complaint arises out of an incident that occurred on July 12 2008 in conjunctionwith
an intoxicated minor female The Complainant was arrested at the scene for Interference with
Official Acts Complainant alleged that
1 Complainant had to yell at Officer A to get him to assist in holding the girl
2 The officers did not get a blanket to cover the halfnaked girl in spite of Complainants
repeated request for one
3 Neither Officer A nor Officer B assessed the situation asked any questions about what was
going on or used a flashlight to be able to see what was going on
4 The officers prevented critical care of the girl by putting her flat on her back handcuffing
her and arresting the Complainant
5 The officers used excessive force by handcuffing the girl and treating her roughly
6 The officers used excessive force by yanking the Complainants left arm and pointing a
Taser at his face
7 Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the
Officers that Complainant was trying to start a fight or balling his fists and that
Complainant called Officer A a sorry sonofabitch
8 Officer A used bad judgment in moving the patrol car out into the roadway while his
Complainantswife was standing near the open door
FINDINGS OF FACT
On July 12 2008 at approximately 1152 pmIowa City police officers were dispatched to the
scene of the incident in regard to four people carrying an intoxicated female Several officers
responded including Officer A Officer B and Officer C Upon arrival Officer C observed a young
female located on a hill in the front yard of a house The female was naked from the waist down At
this time there was an older male kneeling next to the girl and bending over her The female was
yelling and screaming The male kneeling by the female told Officer C that he was a doctor and was
later identified as the Complainant
Officer C approached the hysterical female and the Complainant The Complainant was trying to
hold the female on the ground Officer C was advised that several other persons were with the
female Officers A and B then arrived and were advised by Officer C to attend to the female Officer
C then spoke with two females that were with the female They indicated that several males had
carried the female to her current location They also indicated their friend was drunk and out of
control They advised Officer C that the female had crawled out of a car window and had removed
her skirt on her own Officer C then took the other females to locate the house were the party was
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Officer A and the Complainant attempted to control the female Officer A and the Complainant
conflicted over their individual concerns for the females welfare and personal safety ofthe officers
The Complainant wanted the female held on her side in case she vomited and wanted a blanket to
cover her As Officer B was assessing the situation the female attempted to bite his arm Officer B
brought out handcuffs to control the female The Complainant told Officer B not to handcuff the
female
Officer B attempted to handcuff the female and the Complainant tried to get between Officer B and
the female to prevent the handcuffing Officer A Officer B and the Complainant were in close
physical proximity to each other Officer B picked up the female and carried her to the sidewalk
where she was handcuffed The Complainant had made physical contact with Officer A and Officer
A pushed the Complainant away from him Officer C had heard the conflict as the Complainant
yelled demands on how he wanted the female cared for and Officer A commanded the Complainant
to not interfere
Officer C who had come back to the location of Officers A B and the Complainant stepped in to
help prevent the Complainant from interfering The Complainant told Officer C he was a doctor and
Officer C advised him that an ambulance had been called The Complainant called Officer C a
fucking idiot and questions are you a fucking idiot Officer C asked Officer A if Officer A
wanted the Complainant arrested and Officer A replies in the affirmative
Officer C told the Complainant he was under arrest Officer C attempted to take physical custody of
the Complainant and told him to put his hands behind his back The Complainant ignored several
commands to put his hands behind his back He physically resisted the arrest which caused Officer
C to request assistance from Officer A Officer A assisted Officer C and this left Officer B alone
with the hysterical female Due to the physical resistance by the Complainant Officer C decided to
disengage physically from him and deploy a Taser Officer C again repeatedly requested the
Complainant to place his hands behind his back The Complainant told the officers he had a bad
shoulder and he did not want to get injured Officer C told him not to resist The Complainant was
then handcuffed and taken to a squad car by Officer A After the female had been moved to the
sidewalk and had been handcuffed she settled down and was covered by a blanket provided by a
neighbor
Officer D and the ambulance arrived on scene simultaneously The paramedics requested Officer B
go to the hospital with them and to keep the female handcuffed At the hospital the female
attempted to bite Officer B and the emergency room staff requested she remain handcuffed One of
the emergency room doctors ordered sedation ofthe female so she could be treated
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After the Complainant was handcuffed and placed in the back of Officer As squad car OffirE
took the Complainants spouse to the back door ofthe squad car She was allowed to talk with the
Complainant through the open back door Officer A did not know the back door was open and
began to pull away Officer C tapped on the left front hood to indicate Officer A should stop
Officer A stopped the car after traveling two or three feet The door was then closed and Officer A
transported the Complainant to jail
The Board reviewed the Police Chiefs Report which contained a transcript of audio from insquad
cameras a number of statements from witnesses including the Complainants spouse and
communications between the Johnson County Attorney and the Complainants attorney
CONCLUSIONS
Allegation 1 Complainant had to yell at Officer A to get him to assist in holding the girl
In car audio transcripts showed the Complainant requested assistance from Officer B
not Officer A The request is made one time in a normal voice and Officer B assisted the
Complainant upon request
NOT SUSTAINED
Allegation 2 The officers did not get a blanketto cover the halfnakedgirl in spite ofthe
Complainantsrepeated request for one
In car audio transcripts from two squad cars indicate the Complainant requested a
blanket on one occasion and it is believed it was made to someone other than one of the
officers Given the volatile nature of the situation it was not possible to cover the female
until both the female and the Complainant were under control When the female was
removed from where the Complainant was and was handcuffed she settled down and
was then covered
NOT SUSTAINED
Allegation 3 Neither Officer A nor Officer B assessed the situation asked any questions about
what was going on or used a flashlight to be able to see what was going on
The Complainant was the only individual who claimed lighting of the situation was
required for an accurate assessment of the situation A witness stated he thought a
flashlight would not be needed The Complainant stated he had a pen light from a
neighbor
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Officer B had several communications with the female to assess her condition Baeen
Officer Bs arrival and when the female first attempted to bite him was 25 minutes The
questions asked by Officer B were similar to that of the Complainants and Officer B
gave a complete overview of the situation to Officer A upon his arrival
NOT SUSTAINED
Allegation 4 The officers prevented critical care of the girl by putting her flat on her back
handcuffing her and arresting the Complainant
Due to the combative nature of the female and subsequently the Complainant the
officers did not have a choice as to leaving the female on her side Both officers at the
scene are trained in dealing with intoxicated people and obstructed airways and were
both present with the female
The female was placed on her back in the ambulance and in the emergency room She
was also restrained both on the cot in the ambulance and on the gurney at the hospital by
request of medical staff This indicated that laying her on her back was not against
medical procedure and did not prevent critical care as alleged by the Complainant
NOT SUSTAINED
Allegation 5 The officers used excessive force by handcuffmg the girl and treating her roughly
Upon arrival the officers were presented with an unknown situation that required they
act to ensure the safety ofthe female
The Complainant requested the officers assist him in restraining the female When the
female attempted to bite Officer B it was decided to handcuff the female to assist in
restraining her and for the safety of the Complainant and the officers
The female was not treated roughly in the handcuffing process and settled down when
she was removed from the proximity of the Complainant and Officer A Officer B was
able to get her hands behind her back and handcuff her without more force
NOT SUSTAINED
Allegation 6 The officers used excessive force by yanking the Complainantsleft arm and
pointing aTaser at his face
The Complainant was told he was under arrest and to put his hands behind his back
several times He refused and stiffened his arms and balled his fists He later claimed he
stiffened and did not cooperate because he did not want his shoulder injured
The Complainant stated the officers did not use force once he relaxed his arms
Officer C decided to deploy a Taser instead ofphysically struggle with the Complainant
This level of force was appropriate since the Complainant was physically combative and
had aggressively closed on the officer earlier When Officer C brought out the Taser he
again repeatedly requested the Complainant to put his hands behind his back and the
Complainant eventually complied
NOT SUSTAINED
Allegation 7 Officer A lied in his ICPD report in saying the Complainant was antagomshc
towards Officers was trying to start a fight or balling his fists and called Officer A
asorry sonofabitch
In squad car audio transcripts indicate officers inform the Complainant that he cannot
push officers and to unclench his fists
Officer As report states You cant push me you sorry sonofabitchIm a doctor
This statement was not located on any squad car audio transcripts The Complainant can
be heard saying You cantpush a doctor for that matter
It is believed that the words may have been said but should not have been in quotation
marks
NOT SUSTAINED
Allegation 8 Officer A used bad judgment in moving the patrol car out into the roadway while
the Complainantsspouse was standing near the open door
In squad car audio transcripts confirmed the car was moved by Officer A while the
Complainantsspouse and Officer E were in the open back doorway area
Officer C tapped on the hood to get Officer As attention so the car would be stopped
The movement of a car was in the control of the Officer operating the squad car and
even though this movement may have been accidental and caused no physical injury it
is a safety issue that needs to be addressed by the Iowa City Police Department
SUSTAINED
BOARD CONIMENTS
None
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