HomeMy WebLinkAbout11-02POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240 -1826
319) 356 -5041
February 23, 2012
To: City Council
Complainant
City Manager
Sam Hargadine, Chief of Police
Officer(s) involved in complaint
From: Police Citizen's Review Board
Re: Investigation of PCRB Complaint #11 -02
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This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of
Complaint PCRB #11 -02 (the "Complaint ").
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BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's job is to review the Police
Chief's 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 Chief's professional expertise ", Section 8 -8 -7 B (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 ", Section 8 -8 -7 B (2) a, b, c.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on September 28, 2011. 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 December 21, 2011
The Board met to consider the Chief's Report on January 12, 2012 and February 22, 2012. At the January
12th meeting the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B) (1) (a), "on
the record with no additional investigation ".
FINDINGS OF FACT
On September 23, 2011 at 1532 hrs, the Joint Emergency Communications Center (JECC) received a call
from a female caller advising a resident at her home had assaulted a female. The Iowa City Police
Department responded and investigated a call for service at 1313 Davenport. When officers arrived,
they found three females outside and a male subject (the Complainant) sitting on the front steps.
The Caller stated she had rented a room to the Complainant and there had been problems since. When
the caller asked a female friend to assist with retrieving a cable box from the Complainants room, the
Caller stated the Complainant grabbed her friend by the neck and arm, and pushed the friend. Officer
071022 observed bruising on the friend's right arm.
After interviewing all parties involved, Officers decided the Complainant would be charged and released
with Simple Assault.
ALLEGATION #1
Complainant stated that he was threatened with arrest by Officers.
Complainant alleged that during the course of the investigation Officer 850406 told him that "he was
going to arrest him if he didn't shut up. "Although Officer 850406 did not have his body mic activated or
video recorder on while he was on this call, and there is some disagreement as to what the conversation
was, there is no indication of misconduct on the part of the Officer. After the officers conferred, the
Complainant was charged with Simple Assault although an in custody arrest would have been lawful and
consistent with Department Policy. During the interview, the Complainant acknowledged when the
Officer asked the Complainant to step outside, the Complainant initially told the Officer he wasn't going
outside because he would be arrested.
NOT SUSTAINED J,;1
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ALLEGATION #2
Complainant stated that he was intimidated by the Officers
The report of the interview with the Complainant reflected that Complainant said that he officers were
not threatening to him. The Complainant said that he was not intimidated by the officers themselves,
just by the fear that that his social security check would betaken if he was arrested. Although it does
appear that this was an incident that the Complainant found to be quite stressful, there is no evidence to
support his allegations that the officers intentionally contributed to this.
NOT SUSTAINED