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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 w ra 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 a r hJ 1ALLEGATIONS D v 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 2 a Q k aml64 w F r i y O 4 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 3 C ate n r flQc y N 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 4 i Ci i a i CJ 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 r p w 6