Use of Force Summary Fourth Quarter
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Chandler Police Department - PSS Memo No. 23-001 Date: January 25, 2023 To: Sean Duggan, Chief of Police Thru: Melissa Deanda, Assistant Chief Robert Dykstra, PSS Lieutenant Nicole Vasey, PSS Sergeant From: George Arias, PSS Detective / Subject: Use of Force Review, 4° Quarter Use of Force 2022 Procedure e Please sign below acknowledging your review of the report. e Forward through the chain of command and return to the Professional Standards Section. Signature Date Tf _AV2Z9 LAlgez 5S Ser. eant PSS Lieutenant Ml). lui mele CY LLO-12093 Assistant Chief LDa 2.2-23 Chief Of Police Professional Standards Section shall maintain inspection files and reports. Background The Chandler Police Department recognizes the current Arizona statutory law dictating that “no unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.” The Chandler Police Department stipulates officers must adhere to their training unless the situation justifies a deviation from that training.” The Chandler Police Department began to utilize the Use of Force Review Board in 2008 to ensure the proper documentation of all applications of force, evaluate those applications for adherence to established policy, and determine any additional training needs.? The board meets monthly to evaluate the prior month’s incidents, and quarterly reviews are prepared to share information and findings with the Citizen Review Panel. This analysis contains use of force statistics for the fourth quarter of 2022 to identify prevalent trends or deficiencies per the current CALEA standard.‘ in addition to an internal comparative analysis, this report will illustrate training issues that emerged throughout the quarter, as well as the number and general nature of injuries sustained by personnel and suspects. 2022 Fourth Quarter Review The Chandler Police Department logged 2076 arrests during the fourth quarter of 2022, yielding a total of twelve (12) incidents resulting in a use of force by Chandler Police Officers to effect an arrest or detain a subject under reasonable suspicion or probable cause. All reportable incidents were reviewed by the Use of Force Review Board. This board meets monthly to determine if the applications of force are justified in accordance with the policies of the Chandler Police Department. The following tables document the twelve (12) incidents reviewed by the board for the months of October, November, and December of 2022. It includes the types of force used and dispositions. in some incidents there were multiple applications of force used by various officers. For this reason, there were fifteen (15) distinct applications of force. This report will deliver the summaries of the twelve (12) reviewed incidents. ' ARS § 13-3881.B 2 CPD G.O. E-01.200.B.3 3 CPD G.O. E-01.400.E.1 4 CALEA 1,3.13 Type of Force Used Fourth Quarter 2022 Low Level Force 7 Take downs, pressure points, Hard hands, etc. K9 Bite, fist strikes, Knee strikes, Intermediate Force 8 Kicks, Less lethal, CEW, Impact push, etc. 15 Total Force Used Fourth Quarter 2022 Use of Force Demographics by Race/Gender/Age 2 White Male 29-35 xX 17% 1 White Female 24 24 8% 3 Black Male 15-39 24 25.5% 1 Black Female 50 50 8% 4 Hispanic Male 16-37 26 33.5% 1 Native American Male 26 26 8% (12 total subjects in use of force incidents) Policy Violations/Reviews In the fourth quarter of 2022 there were no use of force incidents referred to internal Affairs. Training Issues Three training issues were identified by the Use of Force Board. The first involved an officer's lack of de-escalation attempts. The second training issue involved not filing charges against a suspect of a misdemeanor crime where force was used. The third involved handcuffing a suspect with his hands in front of his body and not behind. Both incidents were handled by the individual officer's chain of command. injuries In the fourth quarter of 2022, two (2) officers were injured during use of force incidents. The injuries sustained by officers were mostly minor in nature, generally consisting of sprains, abrasions, cuts, or bruising. Most of the officers’ injuries appeared to stem from body-to-body contact, takedown techniques, and struggling to handcuff suspects on hard surfaces or from direct assaults on the officers themselves. Ten (10) suspects were injured or complained of injury during the use of force incidents. Most of these injuries were minor in nature, consisting of lacerations, abrasions, contusions, complaints of pain, and CEW puncture wounds. The officer, the suspect, or both received medical attention in the use of force incidents with injury when requested. Medical treatment was either provided on scene or ata hospital for more extensive care or evaluation. Total Injuries When Force Used Fourth Quarter 2022 Emotionally Disturbed/Impaired Eight (8) subjects involved in use of force incidents were found to be emotionally disturbed, under the influence of alcohol or drugs, or a combination of impairments. Conclusion The reported types of use of force incidents during the fourth quarter of 2022 indicate officers used the appropriate level of force to effect the arrest of suspects. This illustrates that the use of force policy, defensive tactics training, board reviews, and overall departmental philosophy are aligned with established case law, statutory regulations, and the principles of community-oriented policing. The following pages are the summaries that were presented to the Use of Force Board for the fourth quarter of 2022. Incident Review Summaries Summary 1 Date of Occurrence: 10/04/2022 Time of Occurrence: 1905 Incident Report: 22-115493 Personnel Involved: Officer Matthew Lerma #867 Force Used: Take down Subject Actions: Fled from police during arrest Summary: On October 4'", 2022, at 1905 hours, Chandler Police Officer Lerma initiated a traffic stop ona male riding a bicycle around 56" Street and Chandler Boulevard in Chandler. The male, later identified as Shane Carrey, consented to a search of his person. He was found to have drug paraphernalia in his possession. After Officer Lerma found the drug paraphernalia, he ordered Mr. Carrey to place his hands behind his back so he could affect an arrest. As the officer was arresting him, Mr. Carrey broke free and fled on foot. Officer Lerma gave chase, caught up with Mr. Carrey, and tackled him to the ground. With the help of another officer Mr. Carrey was taken into custody. Mr. Carrey sustained abrasions on both knees, his right elbow, and the side of his forehead. Paramedics arrived and transported Mr. Carrey to a local hospital after it was determined he had consumed fentanyl prior to police contact. He was later released and transported to the Gilbert Chandler Unified Holding Facility where he was booked. Photographs were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Possession of narcotics Possession of drug paraphernalia Warrants X2 Injuries: Mr. Carrey sustained abrasions on both knees, right elbow, and on the side of his forehead. Summary 2 Date of Occurrence: 10/07/2022 Time of Occurrence: 1359 Incident Report: 22-116710 Personnel Involved: Officer Michael Rosenberger #806 Force Used: Sat suspect on the ground Subject Actions: Refused to sit on the ground after being handcuffed Summary: On October 7", 2022, at 1359 hours, Chandler Police Officers responded to a disorder involving a knife at 7470 W. Orchid Lane in Chandler. According to the caller, a male customer was acting disorderly and aggressively towards employees, and at one point pulled out a knife. The business identified the suspect as Taurus McMillan and provided a clothing description and what vehicle he was in. Officer Rosenberger arrived and contacted Mr. McMillan who was sitting in his car. Officer Rosenberger gave him instructions to exit the vehicle, which he complied with. Once Mr. McMillan was handcuffed and told he was being detained, he became upset and asked why. As Officer Rosenberger tried to explain, Mr. McMillan would talk over him stating that he had been challenged to a fight by one of the employees. After patting him down, he instructed Mr. McMillan to sit on the ground. He refused several times to sit on the ground stating he did not want to and would sit on an elevated light pole base. Pulling away from Officer Rosenberger, Mr. McMillan moved towards the light pole base and leaned on it. Officer Rosenberger pulled him away from the light pole and pushed him down to the ground. Mr. McMillan, who landed in a seated position, accused the officer of assault. He stated his back was injured and demanded a police supervisor respond as well as paramedics. Mr. McMillan complained of back pain. He was transported to a local hospital where he was treated and released. Mr. McMillan was released from detainment from the hospital and was free to leave pending long form charges. Photographs were not taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Threats (long form charges) Criminal trespass (long form charges) Disorderly conduct (long form charges) injuries: Mr. McMillan complained of back pain. Summary 3 Date of Occurrence: 10/07/2022 Time of Occurrence: 2037 Incident Report: 22-116834 Personnel Involved: Officer Rupert Snedigar #732 Force Used: Knee strike Subject Actions: Fled from police during contact and attempted arrest Summary: On October 7", 2022, at 2037 hours, Chandler Police Gang Detectives Lauritzen and Wagstaff were on duty around Galveston Street and Arizona Ave in Chandler. They conducted a traffic stop on a vehicle whose front passenger, a male juvenile, was known to have a felony warrant and carry firearms. As the vehicle came to a stop the juvenile fled on foot. As the detectives gave chase, they observed the juvenile remove a backpack from his person and drop it on the ground. As the juvenile attempted to climb a wall, both detectives reached the juvenile and a struggie ensued as they tried to take him into custody. As the juvenile tried to break free from their hold, Officer Snedigar arrived to assist. As multiple commands were given to stop resisting, the juvenile attempted to break free by pushing off the wall and kicking at the officers. Office Snedigar delivered a single knee strike to the back of the juvenile’s right leg. He then placed his knee against the leg and applied pressure to prevent the juvenile from kicking and struggling. The juvenile was subsequently placed in handcuffs and arrested. The backpack the juvenile had thrown to the ground contained a loaded handgun with an extended magazine. The juvenile did not sustain any injuries or complain of injury. He was transported to the Maricopa County juvenile Facility and booked. Photographs were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Prohibited possessor of a firearm Misconduct involving firearms Possession of narcotics Possession of drug paraphernalia Possession of marijuana Warrants X2 Injuries: The juvenile did not sustain any injuries or complain of injury. Summary 4 Date of Occurrence: 10/08/2022 Time of Occurrence: 1203 Incident Report: 22-117101 Personnel Involved: Officer Marcelo Camacho #749 Force Used: Pepper spray Subject Actions: Refused commands and balled up his fists Summary: On October 8", 2022, at 1203 hours, Chandler Police Officers responded to an indecent exposure at the bus stop located at Arizona Avenue and Pecos Road in Chandler. According to a caller, a male was exposing his genitals. Officer Camacho arrived and observed a male, later identified as Bernabe Jimenez, sitting on the bus stop bench with his pants down and masturbating. Officer Camacho exited his patrol car and walked towards Mr. Jimenez. He continued to masturbate as Officer Camacho ordered him to stop and pull his pants up. Mr. Jimenez partially pulled his pants up, but then stopped and looked at Officer Camacho with a blank stare. He then said, “what the fuck” and “What” several times. Mr. Jimenez then made a fist with his right hand and started to pull away. Officer Camacho grabbed his left arm to effect an arrest. Believing Mr. Jimenez was going to strike him, Officer Camacho released his arm, took a step back, and retrieved his pepper spray. He warned Mr, Jimenez he would be sprayed if he didn’t comply. Mr. Jimenez continued to say “what the fuck” as he stared blankly at the officer. Officer Camacho delivered a one-second burst of pepper spray at Mr. jimenez's face. He then took him to the ground, handcuffed him and arrested him. Mr. Jimenez sustained exposure to the pepper spray. Officer Camacho provided cool water to his face until paramedics arrived. Paramedics assessed Mr. Jimenez and transported him to a local hospital for further treatment. He was later released from the hospital and transported to the Gilbert Chandler Unified Holding Facility where he was booked. Photographs were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Resisting arrest Disorderly conduct Indecent exposure Public sexual indecency Loitering Criminal nuisance Injuries: Mr. Jimenez sustained exposure to the pepper spray. Summary 5 Date of Occurrence: 10/14/2022 Time of Occurrence: 2304 Incident Report: 22-119855 Personnel Involved: Officer lan Bodell #816, Officer Darren Heslop #775 Officer Nicholas Jordan #818 Force Used: Takedown, CEW Subject Actions: Refused commands, struck an officer with a fist, bit an officer twice Summary: On October 14, 2022, at 2304 hours, Chandler Police Officers responded to 6175 W. Detroit Street in Chandler. According to the caller, he was remotely watching two people attempting to enter his building through a back door. He provided the description of the individuais. Officers arrived and were able to locate one of the two people, a woman later identified as Jasmine Walker. As the officers contacted Ms. Walker, she refused to identify herself, told the officers they were rapists of kids and dogs, and she didn’t care what they had to say. When officers told Ms. Walker, she was not free to leave, she attempted to walk away. When the officers grabbed her arms to detain her, she took a swing at Officer Bodell. Officers Heslop, Bodell, and Jordan took her to the ground. Once on the ground Ms. Walker _ kicked at the officers, punched Officer Bodeil in the face, and bit him on his hand and wrist. Officer Bodell warned Ms. Walker he would use his CEW if she continued to resist. As she continued to kick at officers, Officer Bodell delivered a single drive stun with his CEW to Ms. Walker's abdomen. The officers were then able to successfully handcuff and arrest her. Ms. Walker sustained abrasions to her body as well as CEW contact marks to her abdomen. Officer Bodell sustained bites from Ms. Walker with partial broken skin. Paramedics assessed Ms, Walker who refused medical care. Officer Bodell was directed to a local hospital for treatment for the bites. Ms. Walker was transported to the Gilbert Chandler Unified Holding Facility, but she was refused booking due to possible mental health issues. The Maricopa County jail also refused her booking due to not having any room for female inmates. She was released from custody with long form charges being made. Photographs were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Aggravated assault on an officer Criminal trespass Obstruction-failing to provide name Injuries: Ms. Walker sustained abrasions to her body as well as CEW contact marks to her abdomen. Officer Bodell sustained bites from Ms. Walker with partial broken skin. Summary 6 Date of Occurrence: 10/28/2022 Time of Occurrence: 0508 Incident Report: 22-125447 Personnel Involved: Officer Cari Schott #549 Force Used: Impact push Subject Actions: Aggressively got into officer's face Summary: On October 28", 2022, at 0508 hours, Chandler Police Officers responded to 6086 S. Bell Place in Chandler, The Chandler Fire Department had requested police to respond and assist on a drug overdose they were responding to. Upon arrival paramedics applied three separate doses of Narcan to jonathan Matthew Kulas, who had been found unconscious and not breathing by his 12-year-old son. Once Mr. Kulas was revived, he was very aggressive towards fire and police personnel. He repeatedly told paramedics and police to get out of his home. Once the paramedics were cleared by a doctor to leave, they started to pack their medica! gear. Mr. Kulas then started yelling at Officer Schott and told him he could “take” him, meaning fight him and win, Mr. Kulas yelled at Officer Schott again, saying “get the fuck out of my house” as he approached Officer Schott and got in his face. Officer Schott impact pushed Mr. Kulas, causing him to fall backwards and hit a wall. Officer Schott placed his business card on a table near the door and left the home. Mr. Kulas followed Officer Schott outside and continued to yell as Officer Schott arranged to transport the 12-year-old child to his grandparents. Mr. Kulas did not appear to have any injury or complain of injury. No photos were taken, and a body worn camera recorded the use of force. Charges on suspect: Not arrested or charged Injuries: Mr. Kulas did not appear to have any injury or complain of injury. Summary 7 Date of Occurrence: 10/31/2022 Time of Occurrence: 2239 Incident Report: 22-127224 Personnel involved: Officer Kaden Romero #802 Force Used: Takedown Subject Actions: Armed with a firearm in waistband Summary: On October 31*, 2022, at 2239 hours, Chandler Police Officers responded to numerous calls of a loud party 193 S. Criss Street in Chandler. Prior to officers arriving, they were advised there may be individuals at the party with firearms. Several officers arrived and observed over one hundred party goers walking away towards the street and vehicles. As officers announced the party was over and to leave, they observed a male laying under a truck with several other males around him. As the officers approached the group to check on the male's welfare, a party goer toid Officer Romero one of the males near the truck wearing a red hoodie was armed with a firearm. Other officers were already contacting the males, including the one identified as having the firearm. They were not aware of the information about the firearm. Officer Romero approached the group and noticed the male's right hand was tucked into the waistband pocket of the hoodie. Officer Romero grabbed the male by the arms and told him to show his hands. The male, later identified as a 16-year-old juvenile, attempted to break free. Officer Romero took the juvenile to the ground as the juvenile continued to resist by preventing his arms from being handcuffed. With the help of another officer, the juvenile was placed into handcuffs. He continued to resist by tucking his knees to his chest. During a search of the juvenile a handgun was recovered from the juvenile’s waistband. The juvenile complained of pain to his leg after he had been transported to the Chandler Police Department for processing. He was cleared by paramedics and released to his mother pending the juvenile referral for charges. Photos were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Possession of a firearm with a defaced serial number Minor in possession of a firearm Resisting arrest Juvenile with liquor in body Injuries: The juvenile complained of pain to his leg. Summary 8 Date of Occurrence: 12/02/2022 Time of Occurrence: 1320 Incident Report: 22-140523 Personnel Involved: Officer Stephen Dieu #545 Force Used: Takedown Subject Actions: Assaulted school staff Summary: On December 2", 2022, at 1320 hours, Chandler Police Officer Dieu was on duty and working as a School Resource Officer at Chandler High School. He was contacted by a school security guard who advised a student had just assaulted him. Officer Dieu arrived at the location of the incident and observed the security guard escorting a male juvenile student towards the school office. Officer Dieu attempted to stop the student by holding out his arms, but the student walked past him as he talked on his cell phone. The officer caught up with the student, who was walking towards the office, and attempted to detain him by grabbing his arm. The student broke away and made statements that he was “about to bust everything up!" Officer Dieu pinned the student against a nearby fence as the student continued to attempt to break free. Officer Dieu took the student to the ground and was able to handcuff the juvenile. The juvenile sustained abrasions to his right elbow. Medical aid was not provided. The juvenile was transported to the Maricopa County Juvenile Holding Facility and booked. Officer Dieu sustained abrasions to his knuckles and right knee. Photos were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Aggravated assault Resisting arrest Disorderly conduct Interfering with an educational facility Injuries: The juvenile sustained abrasions to his right elbow. Officer Dieu sustained abrasions to his knuckles and right knee. Summary 9 Date of Occurrence: 12/03/2022 Time of Occurrence: 0018 Incident Report: 22-140806 Personnel Involved: Officer Rupert Snedigar #732 Force Used: Pushed and pinned into pool table Subject Actions: Assaulted officer, resisted arrest Summary: On December 3%, 2022, at 0018 hours, Chandler Police Officers responded to a call of gun shots around Central Drive and Pecos Road in Chandler. Arriving officers were able to determine the shots likely came from 1282 W. Kessler Lane. The home was determined to be a short-term rental home, and there was a party at the home with approximately 40 people inside. The offsite property owner was contacted by police and requested that all occupants be removed. Officers contacted the occupants inside the home and located a handgun with defaced serial numbers. As the partygoers were identified one by one and allowed to leave, a juvenile was arrested during a confrontation with a Chandler Police Sergeant. During the arrest of the juvenile, the remaining party goers became hostile towards the officers. They started to yell at the officers and approach them. Officer Snedigar had to push several of them back. A 17-year-old male juvenile approached Officer Snedigar saying “Don’t you put your hands on me brother”. Officer Snedigar pushed at the approaching juvenile, who in turn smacked the officer's hand away. The juvenile then appeared to posture ina challenging manner and said, “what you going to do?” Officer Snedigar grabbed the juvenile’s arm and ordered him to put his hand behind his back. During the struggle they both fell towards a nearby couch. Once off the couch, Officer Snedigar forced the juvenile away from the living room and pressed him up against a stairway banister. As the group of party goers began to challenge the other officers present, the juvenile attempted to break free from Officer Snedigar’s hold. Officer Snedigar then pushed and pinned the juvenile against a nearby pool table and was able to place handcuffs on the juvenile and take him into custody. The juvenile sustained an abrasion to his chin. He refused medical aid and was transported to the Chandler Police Department where he was processed before being released to his mother. Officer Snedigar sustained a sore thumb. Photos were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Aggravated assault on an officer Injuries: The juvenile sustained an abrasion to his chin. Officer Snedigar sustained a sore thumb. Summary 10 Date of Occurrence: 12/05/2022 Time of Occurrence: 1122 incident Report: 22-141661 Personnel Involved: Officer Joshua Riley #725 Force Used: Takedown Subject Actions: Resisted arrest Summary: On December 5", 2022, at 1122 hours, Chandler Police Officers responded to a call of an order of protection violation and threats at 750 S. Cross Creek Place in Chandler. According to the caller, he had received text messages from Krystal Rebhum stating “I have the urge to kill people today. | will also be killing myself. Killing your family is on my plan today. All of you deserve to die.” The caller was Ms. Rebhum’s ex-boyfriend's father. One of the officers responding to this call was familiar with Ms. Rebhum and had direct knowledge of her being previously arrested for aggravated assault, burglary, threat, and several other charges against the caller. The officer knew Ms. Rebhum was living at her parents’ house at 3293 W. Monterey Street in Chandler. Several officers responded to the Monterey address and contacted Ms. Rebhum’s mother. Her mother stated she was very concerned about the safety of the caller and his family. She believed Ms. Rebhum could hurt them. She allowed the officers to come into the home and contact Ms. Rebhum. Ms. Rebhum abruptly came out of her room and attempted to walk past the officers stating she was going to see her doctor. Officer Riley grabbed her arm as she approached the front door, telling her she was being detained. Ms. Rebhum attempted to break free and kicked the front door. Officer Riley took Ms. Rebhum to the ground and with the help of another officer placed her in handcuffs. Ms. Rebhum sustained a contusion to her head. Paramedics responded and treated her prior to being transported to a psychiatric facility. Photos were taken of the incident and a body worn camera recorded the use of force. Charges on suspect: Threats (long form) Violation of a court order (long form) Injuries: Ms. Rebhum sustained a contusion to her head. Summary 11 Date of Occurrence: 12/13/2022 Time of Occurrence: 2110 Incident Report: 22-145600 Personnel Involved: Sergeant James Bruggeman #561 Force Used: CEW X2 Subject Actions: Fled from police, resisted arrest Summary: On December 13", 2022, at 2110 hours, Chandler Police Officers responded to a call of domestic that occurred inside a car at 2720 W. Chandler Boulevard in Chandler, According to the caller, her boyfriend had assaulted her inside their car. A description of the car was provided. Sergeant Bruggeman arrived and located the vehicle parked near a restaurant, As he approached the vehicle, he observed a male, later identified as Dongerrick Yazzie, get out of the vehicle and walk away. Sergeant Bruggeman activated his emergency lights and drove towards Mr. Yazzie, cutting him off his direction of travel. Mr. Yazzie walked around Sergeant Bruggeman’s patrol car. Sergeant Bruggeman exited his vehicle and told Mr. Yazzie to stop, but he refused and continued to walk. Sergeant Bruggeman caught up with Mr. Yazzie, grabbing his arm to detain him. Mr. Yazzie struggled with the sergeant, causing his body worn camera to fall to the ground. He broke free and fled. As Sergeant Bruggeman chased him, Mr. Yazzie was able to double back to his car and started to reach into the vehicle. Sergeant Bruggeman drew his firearm and gave verbal commands for him to stop and show his hands. Mr. Yazzie then turned around empty handed and took a defensive stance. Sergeant Bruggeman deployed his CEW, causing Mr. Yazzie to fall to the ground. Sergeant Bruggeman struggled to take him into custody as Mr. Yazzie continued to resist being handcuffed. Sergeant Bruggeman deployed a second CEW in drive-stun mode and took Mr. Yazzie into custody. Mr. Yazzie sustained puncture wounds from the CEW deployment. Paramedics responded and treated him prior to being transported to the Gilbert Chandler Unified Holding Facility and booked. Photos were taken of the incident. Sergeant Bruggeman’s body worn camera did not record the use of force. Charges on suspect: Assault DV Resisting arrest Disorderly conduct DV Injuries: Mr. Yazzie sustained puncture wounds from the CEW deployment.